H.R. 5005, as passed by House

Lieberman Substitute to H.R. 5005

Gramm-Miller (S. 2794)

Comments.

Terrorism Information Prevention System (TIPS)

*►Bars the neighborhood spying program.

No provision.

No provision.

To protect privacy, Congress should adopt the House provision barring TIPS.

National identification system

*►Makes clear a national identification system is not authorized.

No provision.

No provision.

To protect privacy, Congress should adopt the House provision making clear a National ID is not authorized.

Exemption from Freedom of Information Act (FOIA)

Contains broad FOIA exemption for critical infrastructure information voluntarily shared with Department, overrides state and local laws, criminalizes disclosure.

*►Contains narrower FOIA exemption for written records voluntarily shared with Department, preserves state and local laws for independently-provided info, no criminal penalties.

Contains broad FOIA exemption for all information relating to terrorism submitted to Department.

No exemption is needed. But if one is adopted, to protect open government, Congress should adopt the Lieberman substitute version of a FOIA exemption.

Exemption from Federal Advisory Committee Act (FACA)

Permits exemption of advisory committees from FACA.

*►Does not contain a FACA exemption.

Permits exemption of advisory committees from FACA.

To protect open government, Congress should adopt the Lieberman position, providing no exemption for FACA.

Whistleblower protections

Preserves status quo of Whistleblower Protection Act from management-flexibility rules.

*►Contains additional protections for whistleblowers.

Whistleblower protections can be waived by Secretary.

To protect whistleblowers, Congress should adopt and supplement the Lieberman protections

Civil Rights and Privacy  Oversight of Law Enforcement

Contains civil rights and privacy officers; IG must inform Congress of views when Secretary blocks an audit.

*►Contains more robust oversight office; IG must inform Congress of any concerns relating to Secretary's decision to block an audit.

No civil rights or privacy officer provisions; Inspector General audits can be overridden with notice to Congress; no requirement of IG to inform Congress of any concerns.

Congress should enact Lieberman version, and create a Deputy Inspector General for civil rights.

Repeal of Customs immunity provisions adopted without debate in Trade Act

No provision.

No provision.

No provision.

*► The Senate should support and amendment to repeal broad immunity from suit for U.S. Customs officers who engage in illegal searches and discriminatory profiling.

Information sharing provision

Incorporates the Weiner-Harmon-Chambliss information sharing bill which allows broad intelligence sharing with state and local law enforcement even where there is no nexus to terrorism.

No provision

No provision

*► Congress should incorporate S. 1615, the Schumer bill, that permits sharing intelligence information only where there is a nexus to terrorism.

Immigration hearings agency (Executive Office for Immigration Review)

Moves review agency into Homeland Security Department.

*►Leaves review agency in Department of Justice; provides firm statutory basis for review office.

Moves review agency into Homeland Security Department.

The Lieberman substitute language would promote independent adjudications, although AG will still be able to override.

Citizenship requirement for aviation security screeners

No provision.

No provision.

No provision.

*►Congress should limit or abolish this discriminatory and unnecessary requirement to permit lawful permanent residents who are otherwise qualified to keep their jobs.

Protections for unaccompanied alien children

No provision.

*►Moves protection into a separate office, and ensures guardians and counsel will be appointed..

No provision

To ensure humane treatment of unaccompanied children, Congress should include these protections.