November 25, 2002
Department of Homeland Security Reorganization Plan
Introduction
This Reorganization Plan is submitted pursuant to Section 1502 of the
Department of Homeland Security Act of 2002 ("the Act"), which requires
submission, not later than 60 days after enactment, of a reorganization plan
regarding two categories of information concerning plans for the Department of
Homeland Security ("the Department" or "DHS"):
- The transfer of agencies, personnel, assets, and obligations to the
Department of Homeland Security pursuant to this Act.
- Any consolidation, reorganization, or streamlining of agencies
transferred to the Department pursuant to this Act. Section 1502(a).
Section 1502(a). Section 1502(b) of the Act identifies six elements
identifies six elements, that must be included in the plan, together with other
elements ""as the President deems appropriate,."" as among those for discussion
in the plan. Each of the elements set out in the statute is identified
verbatim below, followed by a discussion of current plans with respect to
that element.
By submission of this plan, the 90-day waiting period referenced in
Section 1502(d) of the Act begins, and will expire on [February 24,
2003].
This plan is subject to modification pursuant to Section 1502(d) of the
Act, which provides that on the basis of consultations with appropriate
congressional committees the President may modify or revise any part of the plan
until that part of the plan becomes effective. Additional details concerning the
process for establishing the Department will become available in the coming
weeks and months, and the President will work closely with Congress to modify
this plan consistent with the Act.
Plan Elements
- Identification of any functions of agencies transferred to the Department
pursuant to this Act that will not be transferred to the Department under the
plan.
Except as otherwise directed in the Act, all functions of agencies that are
to be transferred to the Department pursuant to the Act will be transferred to
the Department under the plan. The functions of agencies being transferred to
the Department which the Act directs are not to be transferred are the
following:
- Pursuant to Section 201(g)(1) of the Act, the Computer
Investigations and Operations Section (""CIOS"") of the National
Infrastructure Protection Center (""NIPC"") of the Federal Bureau of
Investigation (""FBI"") will not transfer to the Department with the rest
of NIPC. CIOS is the FBI headquarters entity responsible for managing all
FBI computer intrusion field office cases (whether law enforcement or
national security related).
- Pursuant to Sections 421(c) & (d) of the Act, the
regulatory responsibilities and quarantine activities relating to
agricultural import and entry inspection activities of the United States
Department of Agriculture (""the USDA"") Animal and Plant Health
Inspection Service (""APHIS"") will remain with the USDA, as will the
Secretary of Agriculture..s authority to issue regulations, policies,
and procedures regarding the functions transferred pursuant to Sections
421(a) & (b) of the Act.
- Pursuant to Subtitle B of Title IV of the Act, the authorities of
the Secretary of the Treasury related to Customs revenue functions, as
defined in the statute, will not transfer to the
Department.
- Functions under the immigration laws of the United States with
respect to the care of unaccompanied alien children will not transfer
from the Department of Justice to DHS, but will instead transfer to the
Department of Health and Human Services pursuant to Section 462 of
the Act.
- Specification of the steps to be taken by the Secretary to organize the
Department, including the delegation or assignment of functions transferred
to the Department among officers of the Department in order to permit the
Department to carry out the functions transferred under the plan.
- Steps to be taken by the Secretary to organize the
Department
. The President intends that the Secretary will
intends to carry out the following actions on the dates specified.
All of the following transfers shall be deemed to be made to DHS,
and all offices and positions to be established and all officers
and officials to be appointed or named shall be deemed to be
established, appointed, or named within DHS.
January 24, 2003 (effective date of the Act pursuant to Section 4):
- Establish the Office of the Secretary.
- Begin to appoint, upon confirmation by the Senate, or transfer
pursuant to the transfer provisions of the Act, as many of the following
officers as may be possible:
- Deputy Secretary of Homeland Security
- Under Secretary for Information Analysis and Infrastructure
Protection
- Under Secretary for Science and Technology
- Under Secretary for Border and Transportation Security
- Under Secretary for Emergency Preparedness and Response
- Director of the Bureau of Citizenship and Immigration Services
- Under Secretary for Management
- Not more than 12 Assistant Secretaries
- General Counsel
- Inspector General
- Commissioner of Customs
- Name, as soon as may be possible, officers to fill the following
offices created by the Act:
(1) Assistant Secretary for Information Analysis
(2) Assistant Secretary for Infrastructure Protection
(3) Privacy Officer
(4) Director of the Secret Service
(5) Chief Information Officer
(6) Chief Human Capital Officer
(7) Chief Financial Officer
(8) Officer for Civil Rights and Civil Liberties
(9) Director of Shared Services
(10) Citizenship and Immigration Ombudsman
(11) Director of the Homeland Security Advanced Research Projects
Agency
- Establish, within the Office of the Secretary, the Office for State
and Local Government Coordination, the Office of International Affairs,
and the Office of National Capital Region Coordination.
- Establish the Homeland Security Advanced Research Projects Agency and
the Acceleration Fund for Research and Development of Homeland Security
Technologies.
- Establish within the Directorate of Science and Technology the Office
for National Laboratories.
- Establish the Bureau of Border Security, the Bureau of Citizenship and
Immigration Services, and the Director of Shared Services.
- Establish the Transportation Security Oversight Board with the
Secretary of Homeland Security as its Chair.
March 1, 2003:
- Transfer the Critical Infrastructure Assurance Office (""CIAO"") of
the Department of Commerce, the National Communications System ("the
NCS"), the NIPC of the FBI (other than the CIOS), the National
Infrastructure Simulation and Analysis Center (""NISAC""), the Energy
Assurance Office (""EAO"") of the Department of Energy, and the Federal
Computer Incident Response Center of the General Services Administration
(""FedCIRC"").
- Transfer the Coast Guard.
- Transfer the Customs Service, the Transportation Security
Administration ("the TSA"), functions of the Immigration and
Naturalization Service (""the INS""), the Federal Protective Service
(""the FPS""), the Office of Domestic Preparedness (""the ODP""), and the
Federal Law Enforcement Training Center ("the FLETC").
- Transfer the functions of the Secretary of Agriculture relating to
agricultural import and entry inspection activities under the laws
specified in Section 421(b) of the Act, from the Animal and Plant Health
Inspection Service., relating to agricultural import and entry inspection
activities under the laws specified in Section 421(b) of the Act.
- Transfer the United States Secret Service.
- Transfer the following programs and activities to the Directorate of
Science and Technology:
- The chemical and biological national security and supporting
programs and activities of the nonproliferation and verification
research and development program of the Department of
Energy.
- The life sciences activities related to microbial pathogens of
the Biological and Environmental Research Program of the Department
of Energy.
- The National Bio-Weapons Defense Analysis Center of the
Department of Defense.
- The nuclear smuggling programs and activities within the
proliferation detection program of the nonproliferation and
verification research and development program of the Department of
Energy.
- The nuclear assessment program and activities of the assessment,
detection, and cooperation program of the international materials
protection and cooperation program of the Department of Energy and
the advanced scientific computing research program and activities at
Lawrence Livermore National Laboratory of the Department of
Energy.
- The Environmental Measurements Laboratory of the Department of
Energy.
- Transfer the Federal Emergency Management Agency
(""FEMA"").
- Transfer the Integrated Hazard Information System of the National
Ooceanic and Atmospheric Administration, which shall be renamed
""FIRESTAT.""
- Transfer the National Domestic Preparedness Office of the FBI,
including the functions of the Attorney General relating
thereto.
- Transfer the Domestic Emergency Support Team of the Department of
Justice, including the functions of the Attorney General relating
thereto.
- Transfer the Metropolitan Medical Response System of the
Department of Health and Human Services, including the functions of
the Secretary of Health and Human Services and Assistant Secretary for
Public Health Emergency Preparedness relating thereto.
- Transfer the National Disaster Medical System of the Department of
Health and Human Services, including the functions of the Secretary of
Health and Human Services and Assistant Secretary for Public Health
Emergency Preparedness relating thereto.
- Transfer the Office of Emergency Preparedness and the Strategic
National Stockpile of the Department of Health and Human Services,
including the functions of the Secretary of Health and Human Services
and Assistant Secretary for Public Health Emergency Preparedness
relating thereto.
- Transfer to the Secretary the authority (in connection with an
actual or threatened terrorist attack, major disaster, or other
emergency in the United States) to direct the Nuclear Incident
Response Team of the Department of Energy to operate as an
organizational unit.
April 1, 2003:
- Transfer the FBI..s NIPC (other than the CIOS).
May 1, 2003:
- Transfer the National Communications System (""the NCS"") of the
Department of Defense.
June 1, 2003:
- Transfer Tthe Plum Island Animal Disease Center of
USDA.
- Establish the Homeland Security Science and Technology Advisory
Committee.
By September 30,
2003:
- Complete any incidental transfers, pursuant to Section 1516 of the
Act, of personnel, assets, and liabilities held, used, arising from,
available, or to be made available, in connection with the functions
transferred by the Act.
B. Delegation or Assignment Among Officers of Functions Transferred
to the Department. The President intends that the Secretary will
intends to delegate or assign transferred functions within the Department
as follows:
1. Information Analysis and Infrastructure Protection
a. Under Secretary for IA Information Analysis and &
Infrastructure Protection ("IA and IP"): Will be responsible for
oversight of functions of NIPC, NCS, CIAO, NISAC, EAO, and FedCIRC
transferred by the Act, the and management of management of the
Directorate.s all Information Analysis and Infrastructure Protection
duties, and the administration of the Homeland Security Advisory
System.
b. Assistant Secretary for Information Analysis: Will oversee
the following Information Analysis functions: set forth in the Act,
including administration of the Homeland Security Advisory System.
b. Assistant Secretary for Information Analysis: Will oversee
the following Information Analysis functions:
- Identify and assess the nature and scope of terrorist threats to
the homeland; detect and identify threats of terrorism against the
United States; and, understand such threats in light of actual and
potential vulnerabilities of the
homeland.
- In coordination with the Assistant Secretary for Infrastructure
Protection, Iintegrate relevant information, analyses, and
vulnerability assessments (whether such information, analyses, or
assessments are provided or produced by the Department or others) in
order to identify priorities for protective and support measures by
the Department, other agencies of the Federal Government, State and
local government agencies and authorities, the private sector, and
other entities.
- Ensure the timely and efficient access by the Department to all
information necessary to discharge the responsibilities under Section
201 of the Act, including obtaining such information from other
agencies of the Federal Government.
- Review, analyze, and make recommendations for improvements in the
policies and procedures governing the sharing of law enforcement
information, intelligence information, intelligence-related
information, and other information relating to homeland security
within the Federal Government and between the Federal Government and
State and local government agencies and
authorities.
- Disseminate, as appropriate, information analyzed by the
Department within the Department, to other agencies of the Federal
Government with responsibilities relating to homeland security, and to
agencies of State and local governments and private sector entities
with such responsibilities in order to assist in the deterrence,
prevention, preemption of, or response to, terrorist attacks against
the United States.
- Consult with the Director of Central Intelligence and other
appropriate intelligence, law enforcement, or other elements of the
Federal Government to establish collection priorities and strategies
for information, including law enforcement-related information,
relating to threats of terrorism against the United States through
such means as the representation of the Department in discussions
regarding requirements and priorities in the collection of such
information.
- Consult with State and local governments and private sector
entities to ensure appropriate exchanges of information, including law
enforcement-related information, relating to threats of terrorism
against the United States.
- Any material received pursuant to the Act is protected from
unauthorized disclosure and handled and used only for the performance
of official duties; and
- Any intelligence information under the Act is shared, retained,
and disseminated consistent with the authority of the Director of
Central Intelligence to protect intelligence sources and methods under
the National Security Act of 1947 (50 U.S.C. Section 401, et seq.) and
related procedures and, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforcement
information.
- Request additional information from other agencies of the Federal
Government, State and local government agencies, and the private
sector relating to threats of terrorism in the United States, or
relating to other areas of responsibility assigned by the Secretary,
including the entry into cooperative agreements through the Secretary
to obtain such information.
- Establish and utilize, in conjunction with the Cchief Iinformation
Oofficer of the Department, a secure communications and information
technology infrastructure, including data-mining and other advanced
analytical tools, in order to access, receive, and analyze data and
information in furtherance of statutory responsibilities, and to
disseminate information acquired and analyzed by the Department, as
appropriate.
- Ensure, in conjunction with the Cchief Iinformation Oofficer of
the Department, that any information databases and analytical tools
developed or utilized by the
Department.
- Are compatible with one another and with relevant information
databases of other agencies of the Federal Government; and
- Treat information in such databases in a manner that complies with
applicable Federal law on
privacy.
- Coordinate training and other support to the elements and
personnel of the Department, other agencies of the Federal Government,
and State and local governments that provide information to the
Department, or are consumers of information provided by the
Department, in order to facilitate the identification and sharing of
information revealed in their ordinary duties and the optimal
utilization of information received from the
Department.
- Coordinate with elements of the intelligence community and with
Federal, State, and local law enforcement agencies, and the private
sector, as appropriate.
- Provide intelligence and information analysis and support to other
elements of the Department.
c. Assistant Secretary for Infrastructure Protection: Will
oversee the following Infrastructure Protection functions:
- Carry out comprehensive assessments of the vulnerabilities of the
key resources and critical infrastructure of the United States,
including the performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within the United
States (including an assessment of the probability of success of such
attacks and the feasibility and potential efficacy of various
countermeasures to such attacks).
- In coordination with the Assistant Secretary for Information
Analysis, integrate relevant information, analyses, and vulnerability
assessments (whether such information, analyses, or assessments are
provided or produced by the Department or others) in order to identify
priorities for protective and support measures by the Department,
other agencies of the Federal Government, State and local government
agencies and authorities, the private sector, and other
entities.
- Develop a comprehensive national plan for securing the key
resources and critical infrastructure of the United States, including
power production, generation, and distribution systems, information
technology and telecommunications systems (including satellites),
electronic financial and property record storage and transmission
systems, emergency preparedness communications systems, and the
physical and technological assets that support such
systems.
- Recommend measures necessary to protect the key resources and
critical infrastructure of the United States in coordination with
other agencies of the Federal Government and in cooperation with State
and local government agencies and authorities, the private sector, and
other entities.
- In coordination with the Under Secretary for Emergency
Preparedness and Response, provide to State and local government
entities, and upon request to private entities that own or operate
critical information systems, crisis management support in response to
threats to, or attacks on, critical information
systems.
- Provide technical assistance, upon request, to the private sector
and other government entities, in coordination with the Under
Secretary for Emergency Preparedness and Response, with respect to
emergency recovery plans to respond to major failures of critical
information systems.
- Coordinate with other agencies of the Federal Government to
provide specific warning information, and advice about appropriate
protective measures and countermeasures, to State and local government
agencies and authorities, the private sector, other entities, and the
public.
2. Science and Technology
Under Secretary for Science and Technology: . Will be
responsible for performing the functions set forth in Section 302 of
the Act, including the following:
- Advise the Secretary regarding research and development efforts
and priorities in support of the Department..s
missions.
- Develop, in consultation with other appropriate executive
agencies, a national policy and strategic plan for identifying
priorities, goals, objectives, and policies for, and coordinating the
Federal Government..s civilian efforts with respect to, identifying
and developing countermeasures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats, including the
development of comprehensive, research-based definable goals for such
efforts and of annual measurable objectives and specific targets to
accomplish and evaluate the goals for such
efforts.
- Support the Under Secretary for Information Analysis and
Infrastructure Protection, by assessing and testing homeland security
vulnerabilities and possible
threats.
- Conduct basic and applied research, development, demonstration,
testing, and evaluation activities that are relevant to any or all
elements of the Department, through both intramural and extramural
programs, except that such responsibility does not extend to human
health-related research and development
activities.
- Establish priorities for directing, funding, and conducting
national research, development, test and evaluation, and procurement
of technology and systems for.
- preventing the importation of chemical, biological, radiological,
nuclear, and related weapons and material; and
- detecting, preventing, protecting against, and responding to
terrorist attacks.
- Establish a system for transferring homeland security developments
or technologies to Ffederal, Sstate, and local governments, and to
private sector entities.
- Enter into work agreements, joint sponsorships, contracts, or any
other agreements with the Department of Energy regarding the use of
the national laboratories or sites and support of the science and
technology base at those
facilities.
- Collaborate with the Secretary of Agriculture and the Attorney
General as provided in Section 212 of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. § 8401), as amended by Section
1709(b) of the Act.
- Collaborate with the Secretary of Health and Human Services and
the Attorney General in determining any new biological agents and
toxins that shall be listed as ..select agents.. in Appendix A of part
72 of title 42, Code of Federal Regulations, pursuant to Section 351A
of the Public Health Service Act (42 U.S.C. § 262a).
- Support United States leadership in science and
technology.
- Establish and administer the primary research and development
activities of the Department, including the long-term research and
development needs and capabilities for all elements of the
Department.
- Coordinate and integrate all research, development, demonstration,
testing, and evaluation activities of the
Department.
- Coordinate with other appropriate executive agencies in developing
and carrying out the science and technology agenda of the Department
to reduce duplication and identify unmet
needs.
- Develop and oversee the administration of guidelines for merit
review of research and development projects throughout the Department,
and for the dissemination of research conducted or sponsored by the
Department.
3. Border and Transportation Security
The Directorate of Border and Transportation Security (""BTS"") will
include the following: the Bureau of Border Security; the Office for
Domestic Preparedness; the Customs Service; and the Transportation
Security Administration; FLETC; and FPS.
The BTS Directorate will also have in place the key leaders of the new
Directorate to include:
a. Under Secretary for BTS: The Under Secretary for BTS wWill be
responsible for oversight of all responsibilities set forth in
Section 402 of the Act, including the
following:
- Prevent the entry of terrorists and the instruments of terrorism
into the United States.
- Secure the borders, territorial waters, ports, terminals,
waterways, and air, land, and sea transportation systems of the United
States, including managing and coordinating those functions
transferred to the Department at ports of
entry.
- Establish and administer rules, in accordance with
Section 428 of the Act, governing the granting of visas or other
forms of permission, including parole, to enter the United States to
individuals who are not a citizen or an alien lawfully admitted for
permanent residence in the United
States.
- Establish national immigration enforcement policies and
priorities.
- Except as otherwise provided in the Act, aAdminister the customs
laws of the United States, except as otherwise provided in the
Act.
- Conduct the inspection and related administrative functions of the
USDA transferred to the Secretary of Homeland Security under Section
421 of the Act.
- In carrying out the foregoing responsibilities, n carrying out the
foregoing responsibilities, ensure the speedy, orderly, and efficient
flow of lawful traffic and
commerce.
- Carry out the immigration enforcement functions specified under
Section 441 of the Act that were vested by statute in, or performed
by, the Commissioner of the INS (or any officer, employee, or
component of the INS) immediately before the date on which the
transfer of functions takes place.
b. Assistant Secretary for Border Security: - T he head of the
Bureau of Border Security will be tWhe Assistant Secretary of the Bureau
of Border Security who will report directly to the Under Secretary for
Border and Transportation Security, and whose responsibilities will
include the following:
- Establish and oversee the administration of the policies for
performing such functions as are--
- transferred to the Under Secretary for Border and Transportation
Security by Section 441 of the Act and delegated to the Assistant
Secretary by the Under Secretary for Border and Transportation
Security; or
- otherwise vested in the Assistant Secretary by
law.
- Advise the Under Secretary for Border and Transportation Security
with respect to any policy or operation of the Bureau of Border
Security that may affect the Bureau of Citizenship and
Immigration.
ce. Director of the Office for Domestic Preparedness - WThe
Director of the Office for Domestic Preparedness will report directly to
the Under Secretary for Border and Transportation Security and will have
the primary responsibility within the Eexecutive Bbranch of the Federal
Government for the preparedness of the United States for acts of
terrorism, including the following
responsibilities:
- Coordinate preparedness efforts at the Federal level, and work
with all State, local, tribal, parish, and private sector emergency
response providers on all matters pertaining to combating terrorism,
including training, exercises, and equipment
support.
- Coordinate or, as appropriate, consolidate, communications and
systems of communications relating to homeland security at all levels
of government.
- Direct and supervise terrorism preparedness grant programs of the
Federal Government (other than those programs administered by the
Department of Health and Human Services) for all emergency response
providers.
- Incorporateing homeland security priorities into planning guidance
on an agency level for the preparedness efforts of the Office for
Domestic Preparedness.
- Provide agency-specific training for agents and analysts within
the Department, other agencies, and State and local agencies, and
international entities.
- As the lead executive branch agency for preparedness of the United
States for acts of terrorism, cooperate closely with the FEMA, which
shall have the primary responsibility within the executive branch to
prepare for and mitigate the effects of non-terrorist-related
disasters in the United States.
- Assist and support the Secretary, in coordination with other
Directorates and entities outside the Department, in conducting
appropriate risk analysis and risk management activities of State,
local, and tribal governments consistent with the mission and
functions of the Directorate.
- Supervise those elements of the Office of National Preparedness of
FEMA that relate to terrorism, which shall be consolidated within the
Department in the ODP established pursuant to Section 430 of the
Act.
4. Emergency Preparedness and Response
The Emergency Preparedness and Response Directorate will be headed by
the Under Secretary for Emergency Preparedness and Response.
Additionally, to assist him in carrying out his responsibilities under
the Act, the Under Secretary shall establish within the Under Secretary'.s
office the Office of National Security Coordination and the Office of
Operations. The Director, Office of Operations, will supervise the U.S.
Fire Administration; will be the principal advisor to the Under Secretary
on the regional structure; and, will be responsible for developing the
policy, doctrine, strategy, and plans for use by regional and field
offices in the conduct of day-to-day operations specifically with respect
to incident management. The Director of Operations will be responsible for
resolving conflicts between the operating units (component divisions and
regional organization) and cultivating and maintaining relationships
between the Under Secretary'.s Office and other non-DHS emergency services
organizations (fire, law enforcement, emergency medical services, etc.).
The Director of Operations will also coordinate with counterparts across
the DHS on these issues.
The Under Secretary for EP&R: Will be is responsible for all of
those functions included within Section 502 of the Act,
including:
- Helping to ensure the effectiveness of emergency response
providers to terrorist attacks, major disasters, and other
emergencies.;
- With respect to the Nuclear Incident Response Team (regardless of
whether it is operating as an organizational unit of the Department
pursuant to the Act):
- Establishing standards and certifying when those standards have
been met;;
- Conducting joint and other exercises and training and evaluating
performance; and,; and
- Providing funds to the Department of Energy and the Environmental
Protection Agency, as appropriate, for homeland security planning,
exercises and training, and
equipment.;
- Providing the Federal Government..s response to terrorist attacks
and major disasters, including:
- Managing such response;
- Directing the Domestic Emergency Support Team, the Strategic
National Stockpile, the National Disaster Medical System, and (when
operating as an organizational unit of the Department pursuant to the
Act) the Nuclear Incident Response Team;
- Overseeing the Metropolitan Medical Response System; and
- Coordinating other Federal response resources in the event of a
terrorist attack or major
disaster.
- Aiding the recovery from terrorist attacks and major
disasters;
- Building a comprehensive national incident management system with
Federal, State, and local government personnel, agencies, and
authorities, to respond to such attacks and
disasters.;
- Consolidating existing Federal Government emergency response plans
into a single, coordinated national response plan;
and
- Developing comprehensive programs for developing interoperative
communications technology, and helping to ensure that emergency
response providers acquire such
technology.
5. Other Officers and Functions
a. Director of the Bureau of Citizenship and Immigration
Services: - The head of the Bureau of Citizenship and Immigration
Services will be the Director of the Bureau of Citizenship and Immigration
Services who wWill report directly to the Deputy Secretary; and will be ,
and whose responsibleilities for the will include the
following:
- Establishing the policies for performing such functions as are
transferred to the Director by Section 451 of the Act or otherwise
vested in the Director by law.
- Oversight ofee the administration of such
policies.
- Advisinge the Deputy Secretary with respect to any policy or
operation of the Bureau of Citizenship and Immigration Services that
may affect the Bureau of Border Security of the Department, including
potentially conflicting policies or
operations.
- Establishing national immigration services policies and
priorities.
- Meeting regularly with the Ombudsman described in Section 452 of
the Act to correct serious service problems identified by the
Ombudsman.
- Establishing procedures requiring a formal response to any
recommendations submitted in the Ombudsman..s annual report to
Congress within three months after its submission to
Congress.
b. Citizenship and Immigration Services Ombudsman: - There will
be the position of Citizenship and Immigration Services Ombudsman who
wWill report directly to the Deputy Secretary; and will be responsible for
, and whose responsibilities will include the
following:
- To aAssisting individuals and employers in resolving problems with
the Bureau of Citizenship and Immigration
Services;
- To iIdentifying areas in which individuals and employers have
problems in dealing with the Bureau of Citizenship and Immigration
Services; and
- To the extent possible, to pProposinge changes in the
administrative practices of the Bureau of Citizenship and Immigration
Services to mitigate identified
problems.
- Specification of the funds available to each agency that will be
transferred to the Department as a result of transfers under the plan.
- The attached tables provide estimates of the funds available to
the agencies and entities that will be transferred to the Department
by operation of the Act. The two tables include total funding
(mandatory and discretionary including fees) and discretionary
funding net of fees. The tables provide the enacted levels for 2002
and 2002 supplementals, and the President.s requested levels for
2003.
Because of the current state of the 2003 budget process, information
concerning the funds that will be available to each transferring agency
on the date of the proposed transfers is not currently available and
will not likely be available during the time period in which the
President is to submit this Reorganization Plan. As additional
information becomes available, it will be provided as may be required in
accordance with the procedures under the Act for modification of this
Plan or other applicable law.
- Specification of the proposed allocations within the Department of
unexpended funds transferred in connection with transfers under the
plan.
- The attached tables provide estimates of the unobligated
balances as of September 30, 2002, for the agencies and programs
that will be transferred to the Department. The first table
provides estimates of unobligated balances for the accounts that
are moving to the Department in whole. The second table provides
estimates of the unobligated balances in the accounts of which
only a portion will be transferring to the new Department. These
latter estimates, however, are of the unobligated balances for the
full account, only a portion of which are associated with the
activities that will be transferred to the Department. In
addition, these unobligated balances are based on the Department
of Treasury.s estimates as of September 30, 2002, which are the
latest available figures. Since October 1, 2002, Departments and
agencies (except the Department of Defense) have been operating
under continuing resolutions, and, as such, have been spending
these balances to maintain current operations.
Authority
to reallocate unexpended funds of agencies transferred under this
Plan is found in H.J. Res. 124, the continuing resolution in
effect currently and until January 11, 2003. The resolution
provides authority for the Office of Management and Budget to
transfer an amount not to exceed $140,000,000 from unobligated
balances of appropriations enacted before October 1, 2002 "for
organizations and entities that will be transferred to the new
Department and for salaries and expenses associated with the
initiation of the Department." Such authority may be exercised
upon providing 15 days. notice to the Appropriations Committees.
- Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligations
of agencies transferred under the plan.
- There is no intention to dispose of property, facility,
contracts, records, and other assets and obligations of
agencies transferred under the plan. All of such assets and
obligations will transfer with each agency, pursuant to
Section 1511(d)(1) of the Act.
- Prior to and during the transition period (as defined by
Section 1501(a)(2) of the Act), the Department may
identify property, facilities, contracts, records, and other
assets and obligations of agencies transferred that would be
candidates for disposition due to duplication, non-use,
obsolescence, and the like. If and when any such proposed
dispositions are identified, we will follow provisions of
the Act relating to modification of this plan or further
notification of Congress.
- Specification of the proposed allocations within the
Department of the functions of the agencies and subdivisions
that are not related directly to securing the homeland.
- As agencies and subdivisions are transferred into the
Department, any functions of those entities that are not
directly related to securing the homeland will continue to
be allocated to the agencies and subdivisions in which they
are currently incorporated.
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