39–006

109TH CONGRESS REPT. 109–71 " HOUSE OF REPRESENTATIVES ! 1st Session Part 2

DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION 

ACT FOR FISCAL YEAR 2006

MAY 13, 2005.—Ordered to be printed 

Mr. BARTON of Texas, from the Committee on Energy and 

Commerce, submitted the following 

R E P O R T 

[To accompany H.R. 1817] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 1817) to authorize appropriations for fiscal year 2006 

for the Department of Homeland Security, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass.

CONTENTS 

Page 

Amendment .............................................................................................................. 1

Purpose and Summary ............................................................................................ 23

Background and Need for Legislation .................................................................... 23

Hearings ................................................................................................................... 25

Committee Consideration ........................................................................................ 25

Committee Votes ...................................................................................................... 25

Committee Oversight Findings ............................................................................... 25

Statement of General Performance Goals and Objectives .................................... 25

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 25

Committee Cost Estimate ....................................................................................... 25

Congressional Budget Office Estimate ................................................................... 25

Federal Mandates Statement ................................................................................. 27

Advisory Committee Statement .............................................................................. 27

Constitutional Authority Statement ...................................................................... 28

Applicability to Legislative Branch ........................................................................ 28

Section-by-Section Analysis of the Legislation ...................................................... 28

Changes in Existing Law Made by the Bill, as Reported ..................................... 31

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Department of Homeland Security Authorization 

Act for Fiscal Year 2006’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Department of Homeland Security. 

Sec. 102. Border patrol agents. 

Sec. 103. Departmental management and operations. 

Sec. 104. Critical infrastructure grants. 

Sec. 105. Research and development. 

Sec. 106. Border and transportation security. 

Sec. 107. State and local terrorism preparedness. 

Sec. 108. Authorization of appropriations for training of State and local personnel in border States performing 

immigration functions. 

Sec. 109. Metropolitan medical response system. 

TITLE II—TERRORISM PREVENTION, INFORMATION SHARING, AND RISK ASSESSMENT 

Subtitle A—Terrorism Prevention 

Sec. 201. Terrorism Prevention Plan and related budget submission. 

Sec. 202. Consolidated background check process. 

Subtitle B—Homeland Security Information Sharing and Analysis Enhancement 

Sec. 211. Short title. 

Sec. 212. Provision of terrorism-related information to private sector officials. 

Sec. 213. Analytic expertise on the threats from biological agents and nuclear weapons. 

Sec. 214. Alternative analysis of homeland security information. 

Sec. 215. Assignment of information analysis and infrastructure protection functions. 

Sec. 216. Authority for disseminating homeland security information. 

Sec. 217. 9/11 Memorial Homeland Security Fellows Program. 

Sec. 218. Access to nuclear terrorism-related information. 

Sec. 219. Access of Assistant Secretary for Information Analysis to terrorism information. 

Sec. 220. Administration of the Homeland Security Information Network. 

Sec. 221. IAIP personnel recruitment. 

Sec. 222. Information collection requirements and priorities. 

Sec. 223. Homeland Security Advisory System. 

Sec. 224. Use of open-source information. 

Sec. 225. Full and efficient use of open-source information. 

TITLE III—DOMESTIC PREPAREDNESS AND PROTECTION 

Subtitle A—Preparedness and Protection 

Sec. 301. National terrorism exercise program. 

Sec. 302. Technology development and transfer. 

Sec. 303. Review of antiterrorism acquisitions. 

Sec. 304. Center of Excellence for Border Security. 

Sec. 305. Requirements relating to the Container Security Initiative (CSI). 

Sec. 306. Security of maritime cargo containers. 

Sec. 307. Security plan for general aviation at Ronald Reagan Washington National Airport. 

Sec. 308. Interoperable communications assistance. 

Sec. 309. Report to Congress on implementation of recommendations regarding protection of agriculture. 

Subtitle B—Department of Homeland Security Cybersecurity Enhancement 

Sec. 311. Short title. 

Sec. 312. Assistant secretary for cybersecurity. 

Sec. 313. Cybersecurity defined. 

Sec. 314. Cybersecurity training programs and equipment. 

Subtitle C—Security of public transportation systems 

Sec. 321. Security best practices. 

Sec. 322. Public awareness. 

Subtitle D—Critical infrastructure prioritization 

Sec. 331. Critical infrastructure. 

Sec. 332. Security review. 

Sec. 333. Implementation report. 

Sec. 334. Protection of information. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Border security and enforcement coordination and operations. 

Sec. 402. GAO report to Congress. 

Sec. 403. Plan for establishing consolidated and colocated regional offices. 

Sec. 404. Plan to reduce wait times. 

Sec. 405. Denial of transportation security card. 

Sec. 406. Transfer of existing Customs Patrol Officers unit and establishment of new CPO units in the Bureau 

of Immigration and Customs Enforcement. 

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TITLE I—AUTHORIZATION OF 

APPROPRIATIONS 

SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

There is authorized to be appropriated to the Secretary of Homeland Security for 

the necessary expenses of the Department of Homeland Security for fiscal year 

2006, $34,152,143,000. 

SEC. 102. BORDER PATROL AGENTS. 

Of the amount authorized under section 101, there is authorized to be appropriated for fiscal year 2006 for border security and control between ports of entry, 

including for the hiring of 2,000 border patrol agents in addition to the number employed on the date of enactment of this Act, and related training and support costs, 

$1,916,427,000. 

SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS. 

Of the amount authorized under section 101, there is authorized to be appropriated for fiscal year 2006 for departmental management and operations, 

$634,687,000, of which—

(1) $44,895,000 is authorized for the Department of Homeland Security Regions Initiative; 

(2) $4,459,000 is authorized for Operation Integration Staff; and 

(3) $56,278,000 is authorized for Office of Security initiatives. 

SEC. 104. CRITICAL INFRASTRUCTURE GRANTS. 

Of the amount authorized under section 101, there is authorized to be appropriated for fiscal year 2006 for grants and other assistance to improve critical infrastructure protection, $500,000,000. 

SEC. 105. RESEARCH AND DEVELOPMENT. 

Of the amount authorized under section 101, there are authorized to be appropriated for fiscal year 2006—

(1) $76,573,000 to support chemical countermeasure development activities of 

the Directorate of Science and Technology; 

(2) $197,314,000 to support a nuclear detection office and related activities of 

such directorate; 

(3) $10,000,000 for research and development of technologies capable of countering threats posed by man-portable air defense systems, including locationbased technologies and noncommercial aircraft-based technologies; and 

(4) $10,600,000 for the activities of such directorate conducted pursuant to 

subtitle G of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 441 et 

seq.). 

SEC. 106. BORDER AND TRANSPORTATION SECURITY. 

Of the amount authorized under section 101, there are authorized to be appropriated for fiscal year 2006—

(1) $826,913,000 for expenses related to Screening Coordination and Operations of the Directorate of Border and Transportation Security; 

(2) $100,000,000 for weapons of mass destruction detection technology of such 

directorate; and 

(3) $133,800,000 for the Container Security Initiative of such directorate. 

SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS. 

Of the amount authorized under section 101, there is authorized to be appropriated for fiscal year 2006—

(1) $40,500,000 for the activities of the Office for Interoperability and Compatibility within the Directorate of Science and Technology pursuant to section 

7303 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C 

194); and 

(2) $1,000,000,000 for discretionary grants for high-threat, high-density urban 

areas awarded by the Office of State and Local Government Coordination and 

Preparedness. 

SEC. 108. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING OF STATE AND LOCAL PERSONNEL IN BORDER STATES PERFORMING IMMIGRATION FUNCTIONS. 

(a) IN GENERAL.—To carry out subsection (b), subject to such limitations as may 

be provided in Acts making appropriations for Management and Administration for 

U.S. Immigration and Customs Enforcement, there are authorized to be appropriated from such amounts $40,000,000 for fiscal year 2006, to remain available 

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until September 30, 2007, for the purpose of enhancing the integrity of the border 

security system of the United States against the threat of terrorism. 

(b) USE OF FUNDS.—From amounts made available under subsection (a), the Secretary of Homeland Security may reimburse a State or political subdivision described in subsection (c) for the expenses described in subsection (d). 

(c) ELIGIBLE RECIPIENTS.—A State, or a political subdivision of a State, is eligible 

for reimbursement under subsection (b) if the State or political subdivision—

(1) contains a location that is 30 miles or less from a border or coastline of 

the United States; 

(2) has entered into a written agreement described in section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) under which certain officers 

or employees of the State or subdivision may be authorized to perform certain 

functions of an immigration officer; and 

(3) desires such officers or employees to receive training from the Department 

of Homeland Security in relation to such functions. 

(d) EXPENSES.—The expenses described in this subsection are actual and necessary expenses incurred by the State or political subdivision in order to permit the 

training described in subsection (c)(3) to take place, including expenses such as the 

following: 

(1) Costs of travel and transportation to locations where training is provided, 

including mileage and related allowances for the use of a privately owned automobile. 

(2) Subsistence consisting of lodging, meals, and other necessary expenses for 

the personal sustenance and comfort of a person required to travel away from 

the person’s regular post of duty in order to participate in the training. 

(3) A per diem allowance paid instead of actual expenses for subsistence and 

fees or tips to porters and stewards. 

(4) Costs of securing temporary replacements for personnel traveling to, and 

participating in, the training. 

SEC. 109. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

Of the amount authorized under section 101, there is authorized to be appropriated $75,000,000 for fiscal year 2006 for the Metropolitan Medical Response System. 

TITLE II—TERRORISM PREVENTION, INFORMATION SHARING, AND RISK ASSESSMENT 

Subtitle A—Terrorism Prevention 

SEC. 201. TERRORISM PREVENTION PLAN AND RELATED BUDGET SUBMISSION. 

(a) DEPARTMENT OF HOMELAND SECURITY TERRORISM PREVENTION PLAN.—

(1) REQUIREMENTS.—Not later than 1 year after the date of enactment of the 

Act, and on a regular basis thereafter, the Secretary of Homeland Security shall 

prepare and submit to the Committee on Homeland Security of the House of 

Representatives and the Committee on Homeland Security and Governmental 

Affairs of the Senate a Department of Homeland Security Terrorism Prevention 

Plan. The Plan shall be a comprehensive and integrated plan that includes the 

goals, objectives, milestones, and key initiatives of the Department of Homeland 

Security to prevent acts of terrorism on the United States, including its territories and interests. 

(2) CONTENTS.—The Secretary shall include in the Plan the following elements: 

(A) Identification and prioritization of groups and subgroups that pose 

the most significant threat of committing acts of terrorism on the United 

States and its interests. 

(B) Identification of the most significant current, evolving, and long-term 

terrorist threats to the United States and its interests, including an evaluation of—

(i) the materials that may be used to carry out a potential attack; 

(ii) the methods that may be used to carry out a potential attack; and 

(iii) the outcome the perpetrators of acts of terrorism aim to achieve. 

(C) A prioritization of the threats identified under subparagraph (B), 

based on an assessment of probability and consequence of such attacks. 

(D) A description of processes and procedures that the Secretary shall establish to institutionalize close coordination between the Department of 

5 

Homeland Security and the National Counter Terrorism Center and other 

appropriate United States intelligence agencies. 

(E) The policies and procedures the Secretary shall establish to ensure 

the Department gathers real-time information from the National Counter 

Terrorism Center; disseminates this information throughout the Department, as appropriate; utilizes this information to support the Department’s counterterrorism responsibilities; integrates the Department’s information 

collection and analysis functions; and disseminates this information to its 

operational units, as appropriate. 

(F) A description of the specific actions the Secretary shall take to identify threats of terrorism on the United States and its interests, and to coordinate activities within the Department to prevent acts of terrorism, with 

special emphasis on prevention of terrorist access to and use of weapons of 

mass destruction. 

(G) A description of initiatives the Secretary shall take to share critical 

terrorism prevention information with, and provide terrorism prevention 

support to, State and local governments and the private sector. 

(H) A timeline, with goals and milestones, for implementing the Homeland Security Information Network, the Homeland Security Secure Data 

Network, and other departmental information initiatives to prevent acts of 

terrorism on the United States and its interests, including integration of 

these initiatives in the operations of the Homeland Security Operations 

Center. 

(I) Such other terrorism prevention-related elements as the Secretary 

considers appropriate. 

(3) CONSULTATION.—In formulating the Plan the Secretary shall consult 

with—

(A) the Director of National Intelligence; 

(B) the Director of the National Counter Terrorism Center; 

(C) the Attorney General; 

(D) the Director of the Federal Bureau of Investigation; 

(E) the Secretary of Defense; 

(F) the Secretary of State; 

(G) the Secretary of Energy; 

(H) the Secretary of the Treasury; and 

(I) the heads of other Federal agencies and State, county, and local law 

enforcement agencies as the Secretary considers appropriate. 

(4) CLASSIFICATION.—The Secretary shall prepare the Plan in both classified 

and nonclassified forms. 

(b) ANNUAL CROSSCUTTING ANALYSIS OF PROPOSED FUNDING FOR DEPARTMENT OF

HOMELAND SECURITY PROGRAMS.—

(1) REQUIREMENT TO SUBMIT ANALYSIS.—The Secretary of Homeland Security 

shall submit to the Congress, concurrently with the submission of the President’s budget for each fiscal year, a detailed, crosscutting analysis of the budget 

proposed for the Department of Homeland Security, by budget function, by 

agency, and by initiative area, identifying the requested amounts of gross and 

net appropriations or obligational authority and outlays for programs and activities of the Department for each of the following mission areas: 

(A) To prevent terrorist attacks within the United States. 

(B) To reduce the vulnerability of the United States to terrorism. 

(C) To minimize the damage, and assist in the recovery, from terrorist 

attacks that do occur within the United States. 

(D) To carry out all functions of the agencies and subdivisions within the 

Department that are not related directly to homeland security. 

(2) FUNDING ANALYSIS OF MULTIPURPOSE FUNCTIONS.—The analysis required 

under paragraph (1) for functions that are both related directly and not related 

directly to homeland security shall include a detailed allocation of funding for 

each specific mission area within those functions, including an allocation of 

funding among mission support functions, such as agency overhead, capital assets, and human capital. 

(3) INCLUDED TERRORISM PREVENTION ACTIVITIES.—The analysis required 

under paragraph (1)(A) shall include the following activities (among others) of 

the Department: 

(A) Collection and effective use of intelligence and law enforcement operations that screen for and target individuals who plan or intend to carry 

out acts of terrorism. 

(B) Investigative, intelligence, and law enforcement operations that identify and disrupt plans for acts of terrorism or reduce the ability of groups 

or individuals to commit acts of terrorism. 

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(C) Investigative activities and intelligence operations to detect and prevent the introduction of weapons of mass destruction into the United 

States. 

(D) Initiatives to detect potential, or the early stages of actual, biological, 

chemical, radiological, or nuclear attacks. 

(E) Screening individuals against terrorist watch lists. 

(F) Screening cargo to identify and segregate high-risk shipments. 

(G) Specific utilization of information sharing and intelligence, both horizontally (within the Federal Government) and vertically (among Federal, 

State, and local governments), to detect or prevent acts of terrorism. 

(H) Initiatives, including law enforcement and intelligence operations, to 

preempt, disrupt, and deter acts of terrorism overseas intended to strike 

the United States. 

(I) Investments in technology, research and development, training, and 

communications systems that are designed to improve the performance of 

the Department and its agencies with respect to each of the activities listed 

in subparagraphs (A) through (H). 

(4) SEPARATE DISPLAYS FOR MANDATORY AND DISCRETIONARY AMOUNTS.—Each 

analysis under paragraph (1) shall include separate displays for proposed mandatory appropriations and proposed discretionary appropriations. 

SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS. 

(a) REQUIREMENT.—The Secretary shall establish a single process for conducting 

the security screening and background checks on individuals participating in any 

voluntary or mandatory departmental credentialing or registered traveler program. 

(b) INCLUDED PROGRAMS.—The process established under subsection (a) shall be 

sufficient to meet the security requirements of all applicable Departmental programs, including—

(1) the Transportation Worker Identification Credential; 

(2) the Hazmat Endorsement Credential; 

(3) the Free and Secure Trade program; 

(4) the NEXUS and SENTRI border crossing programs; 

(5) the Registered Traveler program of the Transportation Security Administration; and 

(6) any other similar program or credential considered appropriate for inclusion by the Secretary. 

(c) FEATURES OF PROCESS.—The process established under subsection (a) shall include the following: 

(1) A single submission of security screening information, including personal 

data and biometric information as appropriate, necessary to meet the security 

requirements of all applicable departmental programs. 

(2) An ability to submit such security screening information at any location 

or through any process approved by the Secretary with respect to any of the 

applicable departmental programs. 

(3) Acceptance by the Department of a security clearance issued by a Federal 

agency, to the extent that the security clearance process of the agency satisfies 

requirements that are at least as stringent as those of the applicable departmental programs under this section. 

(4) Standards and procedures for protecting individual privacy, confidentiality, record retention, and addressing other concerns relating to information 

security. 

(d) DEADLINES.—The Secretary of Homeland Security shall—

(1) submit a description of the process developed under subsection (a) to the 

Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate by not 

later than 6 months after the date of the enactment of this Act; and 

(2) begin implementing such process by not later than 12 months after the 

date of the enactment of this Act. 

(e) RELATIONSHIP TO OTHER LAWS.—(1) Nothing in this section affects any statutory requirement relating to the operation of the programs described in subsection 

(b). 

(2) Nothing in this section affects any statutory requirement relating to title III 

of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b 

et seq.). 

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Subtitle B—Homeland Security Information 

Sharing and Analysis Enhancement 

SEC. 211. SHORT TITLE. 

This subtitle may be cited as the ‘‘Homeland Security Information Sharing and 

Analysis Enhancement Act of 2005’’. 

SEC. 212. PROVISION OF TERRORISM-RELATED INFORMATION TO PRIVATE SECTOR OFFICIALS. 

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended 

by adding at the end the following: 

‘‘(20) To require, in consultation with the Assistant Secretary for Infrastructure Protection, the creation and routine dissemination of analytic reports and 

products designed to provide timely and accurate information that has specific 

relevance to each of the Nation’s critical infrastructure sectors (as identified in 

the national infrastructure protection plan issued under paragraph (5)), to private sector officials in each such sector who are responsible for protecting institutions within that sector from potential acts of terrorism and for mitigating the 

potential consequences of any such act.’’. 

SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BIOLOGICAL AGENTS AND NUCLEAR 

WEAPONS. 

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further 

amended by adding at the end the following: 

‘‘(21) To ensure sufficient analytic expertise within the Office of Information 

Analysis to create and disseminate, on an ongoing basis, products based on the 

analysis of homeland security information, as defined in section 892(f)(1), with 

specific reference to the threat of terrorism involving the use of nuclear weapons and biological agents to inflict mass casualties or other catastrophic consequences on the population or territory of the United States.’’. 

SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION. 

(a) REQUIREMENT.—Subtitle A of title II of the Homeland Security Act of 2002 (6 

U.S.C. 121 et seq.) is amended by adding at the end the following: 

‘‘SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION. 

‘‘The Secretary shall establish a process and assign an individual or entity the responsibility to ensure that, as appropriate, elements of the Department conduct alternative analysis (commonly referred to as ‘red-team analysis’) of homeland security information, as that term is defined in section 892(f)(1), that relates to potential 

acts of terrorism involving the use of nuclear weapons or biological agents to inflict 

mass casualties or other catastrophic consequences on the population or territory of 

the United States.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the item relating to section 202 the following: 

‘‘Sec. 203. Alternative analysis of homeland security information.’’. 

SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

FUNCTIONS. 

Section 201(b) of the Homeland Security Act of 2002 (6 U.S.C. 121(b)) is amended 

by adding at the end the following: 

‘‘(4) ASSIGNMENT OF SPECIFIC FUNCTIONS.—The Under Secretary for Information Analysis and Infrastructure Protection—

‘‘(A) shall assign to the Assistant Secretary for Information Analysis the 

responsibility for performing the functions described in paragraphs (1), (4), 

(7) through (14), (16), and (18) of subsection (d); 

‘‘(B) shall assign to the Assistant Secretary for Infrastructure Protection 

the responsibility for performing the functions described in paragraphs (2), 

(5), and (6) of subsection (d); 

‘‘(C) shall ensure that the Assistant Secretary for Information Analysis 

and the Assistant Secretary for Infrastructure Protection both perform the 

functions described in paragraphs (3), (15), (17), and (19) of subsection (d); 

‘‘(D) may assign to each such Assistant Secretary such other duties relating to such responsibilities as the Under Secretary may provide; 

‘‘(E) shall direct each such Assistant Secretary to coordinate with Federal, 

State, and local law enforcement agencies, and with tribal and private sector entities, as appropriate; and 

‘‘(F) shall direct the Assistant Secretary for Information Analysis to coordinate with elements of the intelligence community, as appropriate.’’. 

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SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY INFORMATION. 

(a) IN GENERAL.—Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY INFORMATION. 

‘‘(a) PRIMARY AUTHORITY.—Except as provided in subsection (b), the Secretary 

shall be the executive branch official responsible for disseminating homeland security information to State and local government and tribal officials and the private 

sector. ‘‘(b) PRIOR APPROVAL REQUIRED.—No Federal official may disseminate any homeland security information, as defined in section 892(f)(1), to State, local, tribal, or 

private sector officials without the Secretary’s prior approval, except— ‘‘(1) in exigent circumstances under which it is essential that the information 

be communicated immediately; or ‘‘(2) when such information is issued to State, local, or tribal law enforcement 

officials for the purpose of assisting them in any aspect of the administration 

of criminal justice.’’. (b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the item relating to section 103 the following: 

‘‘Sec. 104. Authority for disseminating homeland security information.’’. 

SEC. 217. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS PROGRAM. 

(a) ESTABLISHMENT OF PROGRAM.—Subtitle A of title II of the Homeland Security 

Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the end the following: 

‘‘SEC. 204. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS PROGRAM. 

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—The Secretary shall establish a fellowship program in accordance with this section for the purpose of bringing State, local, tribal, and 

private sector officials to participate in the work of the Homeland Security Operations Center in order to become familiar with—

‘‘(A) the mission and capabilities of that Center; and 

‘‘(B) the role, programs, products, and personnel of the Office of Information Analysis, the Office of Infrastructure Protection, and other elements of 

the Department responsible for the integration, analysis, and dissemination 

of homeland security information, as defined in section 892(f)(1). 

‘‘(2) PROGRAM NAME.—The program under this section shall be known as the 

9/11 Memorial Homeland Security Fellows Program. 

‘‘(b) ELIGIBILITY.—In order to be eligible for selection as a fellow under the program, an individual must—

‘‘(1) have homeland security-related responsibilities; and 

‘‘(2) possess an appropriate national security clearance. 

‘‘(c) LIMITATIONS.—The Secretary—

‘‘(1) may conduct up to 4 iterations of the program each year, each of which 

shall be 90 days in duration; and 

‘‘(2) shall ensure that the number of fellows selected for each iteration does 

not impede the activities of the Center. 

‘‘(d) CONDITION.—As a condition of selecting an individual as a fellow under the 

program, the Secretary shall require that the individual’s employer agree to continue to pay the individual’s salary and benefits during the period of the fellowship. 

‘‘(e) STIPEND.—During the period of the fellowship of an individual under the program, the Secretary shall, subject to the availability of appropriations—

‘‘(1) provide to the individual a stipend to cover the individual’s reasonable 

living expenses during the period of the fellowship; and 

‘‘(2) reimburse the individual for round-trip, economy fare travel to and from 

the individual’s place of residence twice each month.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

further amended by adding at the end of the items relating to such subtitle the following: 

‘‘Sec. 204. 9/11 Memorial Homeland Security Fellows Program.’’. 

SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED INFORMATION. 

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further 

amended by adding at the end the following: 

‘‘(22) To ensure that—

‘‘(A) the Assistant Secretary for Information Analysis receives promptly 

and without request all information obtained by any component of the Department if that information relates, directly or indirectly, to a threat of 

terrorism involving the potential use of nuclear weapons; 

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‘‘(B) such information is—

‘‘(i) integrated and analyzed comprehensively; and 

‘‘(ii) disseminated in a timely manner, including to appropriately 

cleared State, local, tribal, and private sector officials; and 

‘‘(C) such information is used to determine what requests the Department 

should submit for collection of additional information relating to that 

threat.’’. 

SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFORMATION ANALYSIS TO TERRORISM 

INFORMATION. 

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further 

amended by adding at the end the following: 

‘‘(23) To ensure that the Assistant Secretary for Information Analysis—

‘‘(A) is routinely and without request given prompt access to all terrorismrelated information collected by or otherwise in the possession of any component of the Department, including all homeland security information (as 

that term is defined in section 892(f)(1)); and 

‘‘(B) to the extent technologically feasible has direct access to all databases of any component of the Department that may contain such information.’’. 

SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY INFORMATION NETWORK. 

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further 

amended by adding at the end the following: 

‘‘(24) To administer the homeland security information network, including—

‘‘(A) exercising primary responsibility for establishing a secure nationwide 

real-time homeland security information sharing network for Federal, 

State, and local government agencies and authorities, tribal officials, the 

private sector, and other governmental and private entities involved in receiving, analyzing, and distributing information related to threats to homeland security; 

‘‘(B) ensuring that the information sharing systems, developed in connection with the network established under subparagraph (A), are utilized and 

are compatible with, to the greatest extent practicable, Federal, State, and 

local government, tribal, and private sector antiterrorism systems and protocols that have been or are being developed; and 

‘‘(C) ensuring, to the greatest extent possible, that the homeland security 

information network and information systems are integrated and interoperable with existing private sector technologies.’’. 

SEC. 221. IAIP PERSONNEL RECRUITMENT. 

(a) IN GENERAL.—Chapter 97 of title 5, United States Code, is amended by adding 

after section 9701 the following: 

‘‘§ 9702. Recruitment bonuses 

‘‘(a) IN GENERAL.—Notwithstanding any provision of chapter 57, the Secretary of 

Homeland Security, acting through the Under Secretary for Information Analysis 

and Infrastructure Protection, may pay a bonus to an individual in order to recruit 

such individual for a position that is primarily responsible for discharging the analytic responsibilities specified in section 201(d) of the Homeland Security Act of 2002 

(6 U.S.C. 121(d)) and that—

‘‘(1) is within the Directorate for Information Analysis and Infrastructure Protection; and 

‘‘(2) would be difficult to fill in the absence of such a bonus. 

In determining which individuals are to receive bonuses under this section, appropriate consideration shall be given to the Directorate’s critical need for linguists. 

‘‘(b) BONUS AMOUNT, FORM, ETC.—

‘‘(1) IN GENERAL.—The amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not 

exceed 50 percent of the annual rate of basic pay of the position involved. 

‘‘(2) FORM OF PAYMENT.—A bonus under this section shall be paid in the form 

of a lump-sum payment and shall not be considered to be part of basic pay. 

‘‘(3) COMPUTATION RULE.—For purposes of paragraph (1), the annual rate of 

basic pay of a position does not include any comparability payment under section 5304 or any similar authority. 

‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include—

‘‘(1) the period of service the individual shall be required to complete in return for the bonus; and 

10 

‘‘(2) the conditions under which the agreement may be terminated before the 

agreed-upon service period has been completed, and the effect of any such termination. ‘‘(d) ELIGIBILITY.—A bonus under this section may not be paid to recruit an individual for— ‘‘(1) a position to which an individual is appointed by the President, by and 

with the advice and consent of the Senate; ‘‘(2) a position in the Senior Executive Service as a noncareer appointee (as 

defined under section 3132(a)); or ‘‘(3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating 

character. ‘‘(e) TERMINATION.—The authority to pay bonuses under this section shall terminate on September 30, 2008. 

‘‘§ 9703. Reemployed annuitants 

‘‘(a) IN GENERAL.—If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Directorate 

for Information Analysis and Infrastructure Protection of the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed 

shall not be considered an employee for the purposes of chapter 83 or 84. ‘‘(b) TERMINATION.—The exclusion pursuant to this section of the Directorate for 

Information Analysis and Infrastructure Protection from the reemployed annuitant 

provisions of chapters 83 and 84 shall terminate 3 years after the date of the enactment of this section, unless extended by the Secretary of Homeland Security. Any 

such extension shall be for a period of 1 year and shall be renewable. ‘‘(c) ANNUITANT DEFINED.—For purposes of this section, the term ‘annuitant’ has 

the meaning given such term under section 8331 or 8401, whichever is appropriate. 

‘‘§ 9704. Regulations 

‘‘The Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out 

section 9702 or 9703.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 97 of title 5, United States 

Code, is amended by adding after the item relating to section 9701 the following: 

‘‘9702. Recruitment bonuses. 

‘‘9703. Reemployed annuitants. 

‘‘9704. Regulations.’’. 

SEC. 222. INFORMATION COLLECTION REQUIREMENTS AND PRIORITIES. 

(a) IN GENERAL.—Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) 

is amended— (1) by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), 

respectively; and 

(2) by inserting after subsection (d) the following new subsection (e): ‘‘(e) PARTICIPATION IN FOREIGN COLLECTION REQUIREMENTS AND MANAGEMENT

PROCESSES.—The Secretary shall be a member of any Federal Government interagency board, established by Executive order or any other binding interagency directive, that is responsible for establishing foreign collection information requirements 

and priorities for estimative analysis.’’. (b) HOMELAND SECURITY INFORMATION REQUIREMENTS BOARD.— (1) IN GENERAL.—Title I of such Act (6 U.S.C. 111 et seq.) is further amended 

by adding at the end the following new section: 

‘‘SEC. 105. HOMELAND SECURITY INFORMATION REQUIREMENTS BOARD. 

‘‘(a) ESTABLISHMENT OF BOARD.—There is established an interagency Homeland 

Security Information Requirements Board (hereinafter in this section referred to as 

the ‘Information Requirements Board’). ‘‘(b) MEMBERSHIP.—The following officials are members of the Information Requirements Board: ‘‘(1) The Secretary of Homeland Security, who shall serve as the Chairman 

of the Information Requirements Board. ‘‘(2) The Attorney General. 

‘‘(3) The Secretary of Commerce. 

‘‘(4) The Secretary of the Treasury. 

‘‘(5) The Secretary of Defense. 

‘‘(6) The Secretary of Energy. 

‘‘(7) The Secretary of State. 

‘‘(8) The Secretary of the Interior. 

‘‘(9) The Director of National Intelligence. 

‘‘(10) The Director of the Federal Bureau of Investigation. 

11 

‘‘(11) The Director of the National Counterterrorism Center. 

‘‘(12) The Chief Privacy Officer of the Department of Homeland Security. 

‘‘(c) FUNCTIONS.—

‘‘(1) OVERSIGHT OF HOMELAND SECURITY REQUIREMENTS.—The Information Requirements Board shall oversee the process for establishing homeland security 

requirements and collection management for all terrorism-related information 

and all other homeland security information (as defined in section 892(f)(1)) collected within the United States. 

‘‘(2) DETERMINATION OF COLLECTION PRIORITIES.—The Information Requirements Board shall—

‘‘(A) determine the domestic information collection requirements for information relevant to the homeland security mission; and 

‘‘(B) prioritize the collection and use of such information. 

‘‘(3) COORDINATION OF COLLECTION REQUIREMENTS AND MANAGEMENT ACTIVITIES.—

‘‘(A) COORDINATION WITH COUNTERPART AGENCIES.—The Chairman shall 

ensure that the Information Requirements Board carries out its activities 

in a manner that is fully coordinated with the Board’s counterpart entities. 

‘‘(B) PARTICIPATION OF COUNTERPART ENTITIES.—The Chairman and the 

Director of National Intelligence shall ensure that each counterpart entity—

‘‘(i) has at least one representative on the Information Requirement 

Board and on every subcomponent of the Board; and 

‘‘(ii) meets jointly with the Information Requirements Board (and, as 

appropriate, with any subcomponent of the Board) as often as the 

Chairman and the Director of National Intelligence determine appropriate. 

‘‘(C) COUNTERPART ENTITY DEFINED.—In this section, the term ‘counterpart entity’ means an entity of the Federal Government that is responsible 

for foreign intelligence collection requirements and management. 

‘‘(d) MEETINGS.—

‘‘(1) IN GENERAL.—The Information Requirements Board shall meet regularly 

at such times and places as its Chairman may direct. 

‘‘(2) INVITED REPRESENTATIVES.—The Chairman may invite representatives of 

Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.’’. 

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act 

is further amended by inserting after the item relating to section 104 the following new item: 

‘‘Sec. 105. Homeland Security Information Requirements Board.’’. 

SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM. 

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security Act of 2002 is 

further amended—

(1) in section 201(d)(7) (6 U.S.C. 121(d)(7)) by inserting ‘‘under section 205’’

after ‘‘System’’; and 

(2) by adding at the end the following: 

‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 

‘‘(a) REQUIREMENT.—The Under Secretary for Information Analysis and Infrastructure Protection shall implement a Homeland Security Advisory System in accordance with this section to provide public advisories and alerts regarding threats 

to homeland security, including national, regional, local, and economic sector 

advisories and alerts, as appropriate. 

‘‘(b) REQUIRED ELEMENTS.—The Under Secretary, under the System—

‘‘(1) shall include, in each advisory and alert regarding a threat, information 

on appropriate protective measures and countermeasures that may be taken in 

response to the threat; 

‘‘(2) shall, whenever possible, limit the scope of each advisory and alert to a 

specific region, locality, or economic sector believed to be at risk; and 

‘‘(3) shall not, in issuing any advisory or alert, use color designations as the 

exclusive means of specifying the homeland security threat conditions that are 

the subject of the advisory or alert.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

further amended by adding at the end of the items relating to subtitle A of title 

II the following: 

‘‘Sec. 205. Homeland Security Advisory System.’’. 

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SEC. 224. USE OF OPEN-SOURCE INFORMATION. 

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further 

amended by adding at the end the following: 

‘‘(25) To ensure that, whenever possible—

‘‘(A) the Assistant Secretary for Information Analysis produces and disseminates reports and analytic products based on open-source information 

that do not require a national security classification under applicable law; 

and 

‘‘(B) such unclassified open-source reports are produced and disseminated 

contemporaneously with reports or analytic products concerning the same 

or similar information that the Assistant Secretary for Information Analysis 

produces and disseminates in a classified format.’’. 

SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION. 

(a) REQUIREMENT.—Subtitle A of title II of the Homeland Security Act of 2002 (6 

U.S.C. 121 et seq.) is further amended by adding at the end the following: 

‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION. 

‘‘The Under Secretary shall ensure that, in meeting their analytic responsibilities 

under section 201(d) and in formulating requirements for collection of additional information, the Assistant Secretary for Information Analysis and the Assistant Secretary for Infrastructure Protection make full and efficient use of open-source information wherever possible.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

further amended by inserting after the item relating to section 205 the following: 

‘‘Sec. 206. Full and efficient use of open-source information.’’. 

TITLE III—DOMESTIC PREPAREDNESS AND 

PROTECTION 

Subtitle A—Preparedness and Protection 

SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM. 

(a) IN GENERAL.—Section 430(c) of the Homeland Security Act of 2002 (6 U.S.C. 

238) is amended by striking ‘‘and’’ after the semicolon at the end of paragraph (8), 

by striking the period at the end of paragraph (9) and inserting ‘‘; and’’, and by adding at the end the following: 

‘‘(10) designing, developing, performing, and evaluating exercises at the national, State, territorial, regional, local, and tribal levels of government that incorporate government officials, emergency response providers, public safety 

agencies, the private sector, international governments and organizations, and 

other appropriate entities to test the Nation’s capability to prevent, prepare for, 

respond to, and recover from threatened or actual acts of terrorism.’’. 

(b) NATIONAL TERRORISM EXERCISE PROGRAM.—

(1) ESTABLISHMENT OF PROGRAM.—Title VIII of the Homeland Security Act of 

2002 (Public Law 107–296) is amended by adding at the end the following new 

subtitle: 

‘‘Subtitle J—Terrorism Preparedness Exercises 

‘‘SEC. 899a. NATIONAL TERRORISM EXERCISE PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary, through the Office for Domestic Preparedness, 

shall establish a National Terrorism Exercise Program for the purpose of testing 

and evaluating the Nation’s capabilities to prevent, prepare for, respond to, and recover from threatened or actual acts of terrorism that—

‘‘(1) enhances coordination for terrorism preparedness between all levels of 

government, emergency response providers, international governments and organizations, and the private sector; 

‘‘(2) is—

‘‘(A) multidisciplinary in nature, including, as appropriate, information 

analysis and cybersecurity components; 

‘‘(B) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences; 

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‘‘(C) carried out with the minimum degree of notice to involved parties 

regarding the timing and details of such exercises, consistent with safety 

considerations; 

‘‘(D) evaluated against performance measures and followed by corrective 

action to solve identified deficiencies; and 

‘‘(E) assessed to learn best practices, which shall be shared with appropriate Federal, State, territorial, regional, local, and tribal personnel, authorities, and training institutions for emergency response providers; and 

‘‘(3) assists State, territorial, local, and tribal governments with the design, 

implementation, and evaluation of exercises that—

‘‘(A) conform to the requirements of paragraph (2); and 

‘‘(B) are consistent with any applicable State homeland security strategy 

or plan. 

‘‘(b) NATIONAL LEVEL EXERCISES.—The Secretary, through the National Terrorism 

Exercise Program, shall perform on a periodic basis national terrorism preparedness 

exercises for the purposes of—

‘‘(1) involving top officials from Federal, State, territorial, local, tribal, and 

international governments, as the Secretary considers appropriate; 

‘‘(2) testing and evaluating the Nation’s capability to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction; and 

‘‘(3) testing and evaluating the Nation’s readiness to respond to and recover 

from catastrophic acts of terrorism, especially those involving weapons of mass 

destruction. 

‘‘(c) CONSULTATION WITH FIRST RESPONDERS.—In implementing the responsibilities described in subsections (a) and (b), the Secretary shall consult with a geographic (including urban and rural) and substantive cross section of governmental 

and nongovernmental first responder disciplines, including as appropriate—

‘‘(1) Federal, State, and local first responder training institutions; 

‘‘(2) representatives of emergency response providers; and 

‘‘(3) State and local officials with an expertise in terrorism preparedness.’’. 

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act 

is amended by adding at the end of the items relating to title VIII the following: 

‘‘Subtitle J—Terrorism Preparedness Exercises 

‘‘Sec. 899a. National terrorism exercise program.’’. 

(c) TOPOFF PREVENTION EXERCISE.—No later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall design and carry out 

a national terrorism prevention exercise for the purposes of—

(1) involving top officials from Federal, State, territorial, local, tribal, and 

international governments; and 

(2) testing and evaluating the Nation’s capability to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction. 

SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

(a) ESTABLISHMENT OF TECHNOLOGY CLEARINGHOUSE.—Not later than 90 days 

after the date of enactment of this Act, the Secretary shall complete the establishment of the Technology Clearinghouse under section 313 of the Homeland Security 

Act of 2002. 

(b) TRANSFER PROGRAM.—Section 313 of the Homeland Security Act of 2002 (6 

U.S.C. 193) is amended—

(1) by adding at the end of subsection (b) the following new paragraph: 

‘‘(6) The establishment of a homeland security technology transfer program to 

facilitate the identification, modification, and commercialization of technology 

and equipment for use by Federal, State, and local governmental agencies, 

emergency response providers, and the private sector to prevent, prepare for, 

or respond to acts of terrorism.’’; 

(2) by redesignating subsection (c) as subsection (d); and 

(3) by inserting after subsection (b) the following new subsection: 

‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In developing the program described in 

subsection (b)(6), the Secretary, acting through the Under Secretary for Science and 

Technology, shall—

‘‘(1) in consultation with the other Under Secretaries of the Department and 

the Director of the Office for Domestic Preparedness, on an ongoing basis—

‘‘(A) conduct surveys and reviews of available appropriate technologies 

that have been, or are in the process of being developed, tested, evaluated, 

or demonstrated by the Department, other Federal agencies, or the private 

sector or foreign governments and international organizations and that may 

14 

be useful in assisting Federal, State, and local governmental agencies, 

emergency response providers, or the private sector to prevent, prepare for, 

or respond to acts of terrorism; 

‘‘(B) conduct or support research, development, tests, and evaluations, as 

appropriate of technologies identified under subparagraph (A), including 

any necessary modifications to such technologies for antiterrorism use; 

‘‘(C) communicate to Federal, State, and local governmental agencies, 

emergency response providers, or the private sector the availability of such 

technologies for antiterrorism use, as well as the technology’s specifications, 

satisfaction of appropriate standards, and the appropriate grants available 

from the Department to purchase such technologies; 

‘‘(D) coordinate the selection and administration of all technology transfer 

activities of the Science and Technology Directorate, including projects and 

grants awarded to the private sector and academia; and 

‘‘(E) identify priorities based on current risk assessments within the Department of Homeland Security for identifying, researching, developing, 

testing, evaluating, modifying, and fielding existing technologies for 

antiterrorism purposes; 

‘‘(2) in support of the activities described in paragraph (1)—

‘‘(A) consult with Federal, State, and local emergency response providers; 

‘‘(B) consult with government agencies and nationally recognized standards development organizations as appropriate; 

‘‘(C) enter into agreements and coordinate with other Federal agencies, 

foreign governments, and national and international organizations as the 

Secretary determines appropriate, in order to maximize the effectiveness of 

such technologies or to facilitate commercialization of such technologies; 

and 

‘‘(D) consult with existing technology transfer programs and Federal and 

State training centers that research, develop, test, evaluate, and transfer 

military and other technologies for use by emergency response providers; 

and 

‘‘(3) establish a working group in coordination with the Secretary of Defense 

to advise and assist the technology clearinghouse in the identification of military technologies that are in the process of being developed, or are developed, 

by the Department of Defense or the private sector, which may include—

‘‘(A) representatives from the Department of Defense or retired military 

officers; 

‘‘(B) nongovernmental organizations or private companies that are engaged in the research, development, testing, or evaluation of related technologies or that have demonstrated prior experience and success in searching for and identifying technologies for Federal agencies; 

‘‘(C) Federal, State, and local emergency response providers; and 

‘‘(D) to the extent the Secretary considers appropriate, other organizations, other interested Federal, State, and local agencies, and other interested persons.’’. 

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the 

Under Secretary for Science and Technology shall transmit to the Committees on 

Homeland Security and Energy and Commerce of the House of Representatives and 

the Committees on Homeland Security and Governmental Affairs and Commerce, 

Science, and Transportation of the Senate a description of the progress the Department has made in implementing the provisions of section 313 of the Homeland Security Act of 2002, as amended by this Act, including a description of the process 

used to review unsolicited proposals received as described in subsection (b)(3) of 

such section. 

(d) SAVINGS CLAUSE.—Nothing in this section (including the amendments made 

by this section) shall be construed to alter or diminish the effect of the limitation 

on the authority of the Secretary of Homeland Security under section 302(4) of the 

Homeland Security Act of 2002 (6 U.S.C. 182(4)) with respect to human health-related research and development activities. 

SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS. 

(a) STUDY.—The Secretary of Homeland Security shall conduct a study of all Department of Homeland Security procurements, including ongoing procurements and 

anticipated procurements, to—

(1) identify those that involve any product, equipment, service (including support services), device, or technology (including information technology) that is 

being designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the 

harm such acts might otherwise cause; and 

15 

(2) assess whether such product, equipment, service (including support services), device, or technology is an appropriate candidate for the litigation and 

risk management protections of subtitle G of title VIII of the Homeland Security 

Act of 2002. 

(b) SUMMARY AND CLASSIFICATION REPORT.—Not later than 180 days after the 

date of enactment of this Act, the Secretary shall transmit to the Congress a report—(1) describing each product, equipment, service (including support services), 

device, and technology identified under subsection (a) that the Secretary believes would be an appropriate candidate for the litigation and risk management protections of subtitle G of title VIII of the Homeland Security Act of 

2002; 

(2) listing each such product, equipment, service (including support services), 

device, and technology in order of priority for deployment in accordance with 

current terrorism risk assessment information; and 

(3) setting forth specific actions taken, or to be taken, to encourage or require 

persons or entities that sell or otherwise provide such products, equipment, 

services (including support services), devices, and technologies to apply for the 

litigation and risk management protections of subtitle G of title VIII of the 

Homeland Security Act of 2002, and to ensure prioritization of the Department’s review of such products, equipment, services, devices, and technologies under 

such Act in accordance with the prioritization set forth in paragraph (2) of this 

subsection. 

SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY. 

The Secretary of Homeland Security shall establish a university-based Center for 

Excellence for Border Security following the merit-review processes and procedures 

that have been established for selecting University Programs Centers of Excellence. 

The Center shall prioritize its activities on the basis of risk to address the most significant threats, vulnerabilities, and consequences posed by the Nation’s borders and 

border control systems, including the conduct of research, the examination of existing and emerging border security technology and systems, and the provision of education, technical, and analytical assistance for the Department of Homeland Security to effectively secure the Nation’s borders. 

SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER SECURITY INITIATIVE (CSI). 

(a) RISK ASSESSMENT AND DESIGNATION OF NEW FOREIGN SEAPORTS.— (1) RISK ASSESSMENT.—The Secretary of Homeland Security shall conduct a 

risk assessment of each foreign seaport that the Secretary is considering designating as a port under the Container Security Initiative (CSI) on or after the 

date of the enactment of this Act. Each such assessment shall evaluate the level 

of risk for the potential compromise of cargo containers by terrorists or terrorist 

weapons. 

(2) DESIGNATION.—The Secretary is authorized to designate a foreign seaport 

as a port under CSI on or after the date of the enactment of this Act only if 

the Secretary determines, based on a risk assessment under paragraph (1) and 

a cost-benefit analysis, that the benefits of designating such port outweigh the 

cost of expanding the program to such port. 

(b) DEPLOYMENT OF INSPECTION EQUIPMENT TO NEW CSI PORTS.—

(1) DEPLOYMENT.—The Secretary is authorized to assist in the loaning of nonintrusive inspection equipment for cargo containers, on a nonreimbursable 

basis, at each CSI port designated under subsection (a)(2) and provide training 

for personnel at the CSI port to operate the nonintrusive inspection equipment. 

(2) ADDITIONAL REQUIREMENTS.—The Secretary shall establish technical capability requirements and standard operating procedures for nonintrusive inspection equipment described in paragraph (1) and shall require each CSI port to 

agree to operate such equipment in accordance with such requirements and procedures as a condition for receiving the equipment and training under such 

paragraph. 

(c) DEPLOYMENT OF PERSONNEL TO NEW CSI PORTS; REEVALUATION OF PERSONNEL AT ALL CSI PORTS.—

(1) DEPLOYMENT.—The Secretary shall deploy Department of Homeland Security personnel to each CSI port designated under subsection (a)(1) with respect 

to which the Secretary determines that the deployment is necessary to successfully implement the requirements of CSI at the port. 

(2) REEVALUATION.—The Secretary shall periodically review relevant risk assessment information with respect to all CSI ports at which Department of 

Homeland Security personnel are deployed to assess whether or not continued 

deployment of such personnel, in whole or in part, is necessary to successfully 

implement the requirements of CSI at the port. 

16 

(d) INSPECTION AND SCREENING AT UNITED STATES PORTS OF ENTRY.—Cargo containers arriving at a United States port of entry from a CSI port shall undergo the 

same level of inspection and screening for potential compromise by terrorists or terrorist weapons as cargo containers arriving at a United States port of entry from 

a foreign seaport that is not participating in CSI unless the containers were initially 

inspected at the CSI port at the request of CSI personnel and such personnel verify 

and electronically record that the inspection indicates that the containers have not 

been compromised by terrorists or terrorist weapons. 

(e) DEFINITION.—In this section, the term ‘‘Container Security Initiative’’ or ‘‘CSI’’ means the program carried out by the Department of Homeland Security under 

which the Department enters into agreements with foreign seaports to— (1) establish security criteria to identify high-risk maritime cargo containers 

bound for the United States based on advance information; and 

(2) screen or inspect such maritime cargo containers for potential compromise 

by terrorists or terrorist weapons prior to shipment to the United States. 

SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS. 

(a) REGULATIONS.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Homeland Security shall issue regulations for the security of maritime cargo containers moving within the intermodal transportation system in accordance with the requirements of paragraph (2). 

(2) REQUIREMENTS.—The regulations issued pursuant to paragraph (1) shall 

be in accordance with recommendations of the Maritime Transportation Security Act Subcommittee of the Advisory Committee on Commercial Operations of 

the Department of Homeland Security, including recommendations relating to 

obligation to seal, recording of seal changes, modal changes, seal placement, 

ocean carrier seal verification, and addressing seal anomalies. 

(b) INTERNATIONAL AGREEMENTS.—The Secretary shall seek to enter into agreements with foreign countries and international organizations to establish standards 

for the security of maritime cargo containers moving within the intermodal transportation system that, to the maximum extent practicable, meet the requirements 

of subsection (a)(2). 

(c) CONTAINER TARGETING STRATEGY.—

(1) STRATEGY.—The Secretary shall develop a strategy to improve the ability 

of the Department of Homeland Security to use information contained in shipping bills of lading to identify and provide additional review of anomalies in 

such bills of lading. The strategy shall include a method of contacting shippers 

in a timely fashion to verify or explain any anomalies in shipping bills of lading. 

(2) REPORT.—Not later than 90 days after the date of the enactment of this 

Act, the Secretary shall submit to the Committees on Homeland Security and 

Energy and Commerce of the House of Representatives and the Committees on 

Homeland Security and Governmental Affairs and Commerce, Science, and 

Transportation of the Senate a report on the implementation of this subsection, 

including information on any data searching technologies that will be used to 

implement the strategy. 

(d) CONTAINER SECURITY DEMONSTRATION PROGRAM.—

(1) PROGRAM.—The Secretary is authorized to establish and carry out a demonstration program that integrates nonintrusive inspection equipment, including radiation detection equipment and gamma ray inspection equipment, at an 

appropriate United States seaport, as determined by the Secretary. 

(2) REQUIREMENT.—The demonstration program shall also evaluate automatic 

identification methods for containers and vehicles and a data sharing network 

capable of transmitting inspection data between ports and appropriate entities 

within the Department of Homeland Security. 

(3) REPORT.—Upon completion of the demonstration program, the Secretary 

shall submit to the Committees on Homeland Security and Energy and Commerce of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of 

the Senate a report on the implementation of this subsection. 

(e) CONSOLIDATION OF CONTAINER SECURITY PROGRAMS.—The Secretary shall consolidate all programs of the Department of Homeland Security relating to the security of maritime cargo containers, including the demonstration program established 

pursuant to subsection (d), to achieve enhanced coordination and efficiency. 

SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT. 

Not later than 180 days after the date of enactment of this Act, the Secretary of 

Homeland Security shall implement section 823(a) of the Vision 100—Century of 

Aviation Reauthorization Act (49 U.S.C. 41718 note; 117 Stat. 2595). 

17 

SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE. 

(a) FINDINGS.—The Congress finds the following: 

(1) The 9/11 Commission determined that the inability of first responders to 

communicate effectively on September 11, 2001 was a critical obstacle to an effective multi-jurisdictional response. 

(2) Many jurisdictions across the country still experience difficulties communicating that may contribute to confusion, delays, or added risks when responding to an emergency. 

(3) During fiscal year 2004, the Office for Domestic Preparedness awarded over $834,000,000 for 2,912 projects through Department of Homeland Security 

grant programs for the purposes of improving communications interoperability. 

(4) Interoperable communications systems are most effective when designed 

to comprehensively address, on a regional basis, the communications of all types 

of public safety agencies, first responder disciplines, and State and local government facilities. 

(5) Achieving communications interoperability is complex due to the extensive 

training, system modifications, and agreements among the different jurisdictions that are necessary to implement effective communications systems. 

(6) The Congress authorized the Department of Homeland Security to create 

an Office for Interoperability and Compatibility in the Intelligence Reform and 

Terrorism Prevention Act of 2004 to, among other things, establish a comprehensive national approach, coordinate federal activities, accelerate the adoption of standards, and encourage research and development to achieve interoperable communications for first responders. 

(7) The Office for Interoperability and Compatibility includes the SAFECOM 

Program that serves as the umbrella program within the Federal government 

to improve public safety communications interoperability, and has developed the 

RAPIDCOM program, the Statewide Communications Interoperability Planning 

Methodology, and a Statement of Requirements to provide technical, planning, 

and purchasing assistance for Federal departments and agencies, State and 

local governments, and first responders. 

(b) SENSE OF CONGRESS.—It is the sense of the Congress that the Department of 

Homeland Security should implement as expeditiously as possible the initiatives assigned to the Office for Interoperability and Compatibility under section 7303 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194), including 

specifically the following: 

(1) Establishing a comprehensive national approach to achieving public safety 

interoperable communications. 

(2) Issuing letters of intent to commit future funds for jurisdictions through 

existing homeland security grant programs to applicants as appropriate to encourage long-term investments that may significantly improve communications 

interoperability. 

(3) Providing technical assistance to additional urban and other high-risk 

areas to support the establishment of consistent, secure, and effective interoperable communications capabilities. 

(4) Completing the report to the Congress on the Department’s plans for accelerating the development of national voluntary consensus standards for public 

safety interoperable communications, a schedule of milestones for such development, and achievements of such development, by no later than 30 days after 

the date of enactment of this Act. 

SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF RECOMMENDATIONS REGARDING 

PROTECTION OF AGRICULTURE. 

The Secretary of Homeland Security shall report to the Committee on Homeland 

Security of the House of Representatives and the Committee on Homeland Security 

and Governmental Affairs of the Senate by no later than 120 days after the date 

of the enactment of this Act regarding how the Department of Homeland Security 

will implement the applicable recommendations from the Government Accountability Office report entitled ‘‘Homeland Security: Much is Being Done to Protect Agriculture from a Terrorist Attack, but Important Challenges Remain’’ (GAO–05– 214). 

Subtitle B—Department of Homeland Security 

Cybersecurity Enhancement 

SEC. 311. SHORT TITLE. 

This subtitle may be cited as the ‘‘Department of Homeland Security 

Cybersecurity Enhancement Act of 2005’’. 

18 

SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY. 

(a) ESTABLISHMENT.—Section 201(b) of the Homeland Security Act of 2002 (6 

U.S.C. 121(b)) is amended— (1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) ASSISTANT SECRETARY FOR CYBERSECURITY.—There shall be in the Department an Assistant Secretary for Cybersecurity, who shall be appointed by 

the President.’’; and 

(3) in paragraph (4), as redesignated by subparagraph (A) of this paragraph— (A) by striking ‘‘Analysis and the’’ and inserting ‘‘Analysis, the’’ and 

(B) by striking ‘‘Protection shall’’ and inserting ‘‘Protection, and the Assistant Secretary for Cybersecurity shall’’. (b) RESPONSIBILITIES.—The Under Secretary of Information Analysis and Infrastructure Protection shall assign to the Assistant Secretary for Cybersecurity responsibility for— (1) the National Cyber Security Division and the National Communications 

System within the Department of Homeland Security; 

(2) the cybersecurity-related aspects of paragraphs (2), (3), (5), (6), (15), and 

(17) of subsection (d) of section 201 of the Homeland Security Act of 2002; and 

(3) such other duties as the Under Secretary may provide pursuant to section 

201 of such Act. 

(c) COORDINATION.—The Assistant Secretary of Cybersecurity shall coordinate all 

activities under this subtitle with other Federal agencies, including the Department 

of Commerce, the Department of Energy, the Department of Transportation, the 

Federal Communications Commission, the Nuclear Regulatory Commission, the 

Federal Energy Regulatory Commission, the Environmental Protection Agency, the 

Federal Trade Commission, and the National Telecommunications and Information 

Administration. 

SEC. 313. CYBERSECURITY DEFINED. 

For the purposes of this subtitle, the term ‘‘cybersecurity’’ means the protection 

and restoration of networked electronic equipment and facilities, including hardware 

and software and the information contained therein, from intrusion, interference, 

and incapacitation. 

SEC. 314. CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT. 

(a) IN GENERAL.—The Secretary of Homeland Security, acting through the Assistant Secretary for Cybersecurity, may establish, in conjunction with the National 

Science Foundation, a program to award grants to institutions of higher education 

(and consortia thereof) for— (1) the establishment or expansion of cybersecurity professional development 

programs; 

(2) the establishment or expansion of associate degree programs in 

cybersecurity; and 

(3) the purchase of equipment to provide training in cybersecurity for either 

professional development programs or degree programs. 

(b) ROLES.—

(1) DEPARTMENT OF HOMELAND SECURITY.—The Secretary, acting through the 

Assistant Secretary for Cybersecurity and in consultation with the Director of 

the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants under the program. 

(2) NATIONAL SCIENCE FOUNDATION.—The Director of the National Science 

Foundation shall operate the program established under this section consistent 

with the goals and criteria established under paragraph (1), including soliciting 

applicants, reviewing applications, and making and administering grant 

awards. The Director may consult with the Assistant Secretary for 

Cybersecurity in selecting awardees. 

(3) FUNDING.—The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. 

(c) GRANT AWARDS.—

(1) PEER REVIEW.—All grant awards under this section shall be made on a 

competitive, merit-reviewed basis. 

(2) FOCUS.—In making grant awards under this section, the Director shall, 

to the extent practicable, ensure geographic diversity and the participation of 

women and underrepresented minorities. 

(3) PREFERENCE.—In making grant awards under this section, the Director 

shall give preference to applications submitted by consortia of institutions to encourage as many students and professionals as possible to benefit from this program. 

19 

(d) AUTHORIZATION OF APPROPRIATIONS.—Of the amount authorized under section 

101, there is authorized to be appropriated to the Secretary for carrying out this 

section $3,700,000 for fiscal year 2006. 

(e) DEFINITIONS.—In this section, the term ‘‘institution of higher education’’ has 

the meaning given that term in section 101(a) of the Higher Education Act of 1965 

(20 U.S.C. 1001(a)). 

Subtitle C—Security of Public Transportation 

Systems 

SEC. 321. SECURITY BEST PRACTICES. 

Not later than 120 days after the date of enactment of this Act, the Secretary of 

Homeland Security shall develop, disseminate to appropriate owners, operators, and 

providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to Congress, a report containing best practices for the security of public transportation systems. In developing best practices, the Secretary shall be responsible for consulting 

with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. 

SEC. 322. PUBLIC AWARENESS. 

Not later than 90 days after the date of enactment of this Act, the Secretary of 

Homeland Security shall develop a national plan for public outreach and awareness. 

Such plan shall be designed to increase awareness of measures that the general 

public, public transportation passengers, and public transportation employees can 

take to increase public transportation system security. Such plan shall also provide 

outreach to owners, operators, providers, and employees of public transportation 

systems to improve their awareness of available technologies, ongoing research and 

development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, 

the Secretary shall implement the plan developed under this section. 

Subtitle D—Critical Infrastructure Prioritization 

SEC. 331. CRITICAL INFRASTRUCTURE. 

(a) COMPLETION OF PRIORITIZATION.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Homeland Security shall complete the 

prioritization of the Nation’s critical infrastructure according to all of the following 

criteria: 

(1) The threat of terrorist attack, based on threat information received and 

analyzed by the Office of Information Analysis of the Department regarding the 

intentions and capabilities of terrorist groups and other potential threats to the 

Nation’s critical infrastructure. 

(2) The likelihood that an attack would cause the destruction or significant 

disruption of such infrastructure. 

(3) The likelihood that an attack would result in substantial numbers of 

deaths and serious bodily injuries, a substantial adverse impact on the national 

economy, or a substantial adverse impact on national security. 

(b) COOPERATION.—Such prioritization shall be developed in cooperation with 

other relevant Federal agencies, State, local, and tribal governments, and the private sector, as appropriate. The Secretary shall coordinate the prioritization under 

this section with other Federal agencies, including the Department of Commerce, 

the Department of Energy, the Department of Transportation, the Federal Communications Commission, the Nuclear Regulatory Commission, the Federal Energy 

Regulatory Commission, the Environmental Protection Agency, the Federal Trade 

Commission, and the National Telecommunications and Information Administration. 

SEC. 332. SECURITY REVIEW. 

(a) REQUIREMENT.—Not later than 9 months after the date of the enactment of 

this Act, the Secretary, in coordination with other relevant Federal agencies, State, 

local, and tribal governments, and the private sector, as appropriate, shall—

(1) review existing Federal, State, local, tribal, and private sector plans for 

securing the critical infrastructure included in the prioritization developed 

under section 331; 

20 

(2) recommend changes to existing plans for securing such infrastructure, as 

the Secretary determines necessary; and 

(3) coordinate and contribute to protective efforts of other Federal, State, 

local, and tribal agencies and the private sector, as appropriate, as directed in 

Homeland Security Presidential Directive 7. 

(b) CONTENTS OF PLANS.—The recommendations made under subsection (a)(2) 

shall include—

(1) necessary protective measures to secure such infrastructure, including 

milestones and timeframes for implementation; and 

(2) to the extent practicable, performance metrics to evaluate the benefits to 

both national security and the Nation’s economy from the implementation of 

such protective measures. 

(c) COORDINATION.—The Secretary shall coordinate the security review and recommendations required by subsection (a) with other Federal agencies, including the 

Department of Commerce, the Department of Energy, the Department of Transportation, the Federal Communications Commission, the Nuclear Regulatory Commission, the Federal Energy Regulatory Commission, the Environmental Protection 

Agency, the Federal Trade Commission, and the National Telecommunications and 

Information Administration. 

SEC. 333. IMPLEMENTATION REPORT. 

(a) IN GENERAL.—Not later than 15 months after the date of the enactment of this 

Act, the Secretary shall submit a report to the Committees on Homeland Security 

and Energy and Commerce of the House of Representatives and the Committees on 

Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate on the implementation of section 332. Such report shall detail—

(1) the Secretary’s review and coordination of security plans under section 

332; and 

(2) the Secretary’s oversight of the execution and effectiveness of such plans. 

(b) UPDATE.—Not later than 1 year after the submission of the report under subsection (a), the Secretary, following the coordination required by section 332(c), shall 

provide an update of such report to the congressional committees described in subsection (a). 

SEC. 334. PROTECTION OF INFORMATION. 

Information that is generated, compiled, or disseminated by the Department of 

Homeland Security in carrying out this section—

(1) is exempt from disclosure under section 552 of title 5, United States Code; 

and 

(2) shall not, if provided by the Department to a State or local government 

or government agency—

(A) be made available pursuant to any State or local law requiring disclosure of information or records; 

(B) otherwise be disclosed or distributed to any person by such State or 

local government or government agency without the written consent of the 

Secretary; or 

(C) be used other than for the purpose of protecting critical infrastructure 

or protected systems, or in furtherance of an investigation or the prosecution of a criminal act. 

TITLE IV—MISCELLANEOUS 

SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDINATION AND OPERATIONS. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) In creating the Department of Homeland Security, the Congress sought to 

enhance the Nation’s capabilities to prevent, protect against, and respond to terrorist acts by consolidating existing Federal agencies with homeland security 

functions into a single new Department, and by realigning the missions of those 

legacy agencies to more directly support our national homeland security efforts. 

(2) As part of this massive government reorganization, section 442 of the 

Homeland Security Act of 2002 (Public Law 107–273) established a Bureau of 

Border Security and transferred into it all of the functions, programs, personnel, 

assets, and liabilities pertaining to the following programs: the Border Patrol; 

alien detention and removal; immigration-related intelligence, investigations, 

and enforcement activities; and immigration inspections at ports of entry. 

(3) Title IV of the Homeland Security Act of 2002 (Public Law 107–273) also 

transferred to the new Department the United States Customs Service, as a disVerDate Aug 04 2004 07:02 May 14, 2005 Jkt 039006 PO 00000 Frm 00020 Fmt 6659 Sfmt 6621 E:\HR\OC\HR071P2.XXX HR071P2
21 

tinct entity within the new Department, to further the Department’s border integrity mission. 

(4) Utilizing its reorganization authority provided in the Homeland Security 

Act of 2002, the President submitted a reorganization plan for the Department 

on January 30, 2003. 

(5) This plan merged the customs and immigration border inspection and patrol functions, along with agricultural inspections functions, into a new entity 

called United States Customs and Border Protection. 

(6) The plan also combined the customs and immigration enforcement agents, 

as well as the Office of Detention and Removal Operations, the Office of Federal 

Protective Service, the Office of Federal Air Marshal Service, and the Office of 

Intelligence, into another new entity called United States Immigration and Customs Enforcement. 

(7) The President’s January 30, 2003, reorganization plan did not explain the 

reasons for separating immigration inspection and border patrol functions from 

other immigration-related enforcement activities, which was contrary to the single Bureau of Border Security as prescribed by the Congress in the section 441 

of the Homeland Security Act of 2002. 

(8) Two years after this structure has been in effect, questions remain about 

whether the Department has organized itself properly, and is managing its customs and immigration enforcement and border security resources in the most 

efficient, sensible, and effective manner. 

(9) The current structure has resulted in less cooperation and information 

sharing between these two critical functions than is desirable, and has caused 

operational and administrative difficulties that are hampering efforts to secure 

our borders and ensure the integrity of our border control system. 

(10) United States Immigration and Customs Enforcement has faced major 

budgetary challenges that are, in part, attributable to the inexact division of resources upon the separation of immigration functions. These budget shortfalls 

have forced United States Immigration and Customs Enforcement to impose 

hiring freezes and to release aliens that otherwise should be detained. 

(11) The current structure also has resulted in unnecessary overlap and duplication between United States Immigration and Customs Enforcement and 

United States Customs and Border Protection, both in the field and at the headquarters level. There are intelligence, legislative affairs, public affairs, and 

international affairs offices in both agencies. 

(12) Border security and customs and immigration enforcement should be one 

seamless mission. 

(b) REPORT.—

(1) IN GENERAL.—Not later than 30 days after the date of the enactment of 

this Act, the Secretary of Homeland Security shall review and evaluate the current organizational structure of the Department of Homeland Security established by the President’s January 30, 2003, reorganization plan and submit a 

report of findings and recommendations to the Congress. 

(2) CONTENTS OF REPORT.—The report shall include—

(A) a description of the rationale for, and any benefits of, the current organizational division of United States Immigration and Customs Enforcement and United States Customs and Border Protection, with respect to the 

Department’s immigration and customs missions; 

(B) a description of the organization, missions, operations, and policies of 

United States Customs and Border Protection and United States Immigration and Customs Enforcement, and areas of unnecessary overlap or operational gaps among and between these missions; 

(C) an analysis of alternative organizational structures that could provide 

a more effective way to deliver maximum efficiencies and mission success; 

(D) a description of the current role of the Directorate of Border and 

Transportation Security with respect to providing adequate direction and 

oversight of the two agencies, and whether this management structure is 

still necessary; 

(E) an analysis of whether the Federal Air Marshals and the Federal Protective Service are properly located within the Department within United 

States Immigration and Customs Enforcement; 

(F) the proper placement and functions of a specialized investigative and 

patrol unit operating at the southwest border on the Tohono O’odham Nation, known as the Shadow Wolves; 

(G) the potential costs of reorganization, including financial, programmatic, and other costs, to the Department; and 

(H) recommendations for correcting the operational and administrative 

problems that have been caused by the division of United States Customs 

22 

and Border Protection and United States Immigration and Customs Enforcement, including any appropriate reorganization plans. 

SEC. 402. GAO REPORTS TO CONGRESS. 

(a) IN GENERAL.— Not later than 6 months after the date of the enactment of this 

Act, the Comptroller General of the United States shall submit to the Congress a 

report that sets forth—

(1) an assessment of the effectiveness of the organizational and management 

structure of the Department of Homeland Security in meeting the Department’s 

missions; and 

(2) recommendations to facilitate and improve the organization and management of the Department to best meet those missions. 

(b) CYBERSECURITY ASSESSMENT.—Not later than 6 months after the date of enactment of this Act, the Comptroller General shall submit a report to the Committees on Homeland Security and Energy and Commerce of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and 

Commerce, Science, and Transportation of the Senate that sets forth an assessment 

of the effectiveness of the efforts of the Assistant Secretary for Cybersecurity to fulfill the statutory responsibilities of that office. 

SEC. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND COLOCATED REGIONAL OFFICES. 

Not later than 60 days after the date of the enactment of this Act, the Secretary 

of Homeland Security shall develop and submit to the Congress a plan for establishing consolidated and colocated regional offices for the Department of Homeland 

Security in accordance with section 706 of the Homeland Security Act of 2002 (6 

U.S.C. 346). 

SEC. 404. PLAN TO REDUCE WAIT TIMES. 

Not later than 180 days after the date of enactment of this Act, the Secretary of 

Homeland Security shall develop a plan—

(1) to improve the operational efficiency of security screening checkpoints at 

commercial service airports so that average peak waiting periods at such checkpoints do not exceed 20 minutes; and 

(2) to ensure that there are no significant disparities in immigration and customs processing times among airports that serve as international gateways. 

SEC. 405. DENIAL OF TRANSPORTATION SECURITY CARD. 

Section 70105(c) of title 46, United States Code, is amended—

(1) in paragraph (3) by inserting before the period ‘‘before an administrative 

law judge’’; and 

(2) by adding at the end the following: 

‘‘(5) In making a determination under paragraph (1)(D), the Secretary shall not 

consider a felony conviction if—

‘‘(A) that felony occurred more than 7 years prior to the date of the Secretary’s determination; and 

‘‘(B) the felony was not related to terrorism (as that term is defined in section 

2 of the Homeland Security Act of 2002 (6 U.S.C. 101)).’’. 

SEC. 406. TRANSFER OF EXISTING CUSTOMS PATROL OFFICERS UNIT AND ESTABLISHMENT 

OF NEW CPO UNITS IN THE BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT. 

(a) TRANSFER OF EXISTING UNIT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Homeland Security shall transfer to the Bureau of Immigration and Customs Enforcement all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Customs Patrol Officers unit of the Bureau of Customs and Border Protection operating on the Tohono O’odham Indian reservation (commonly known as 

the ‘Shadow Wolves’ unit). 

(b) ESTABLISHMENT OF NEW UNITS.—The Secretary is authorized to establish 

within the Bureau of Immigration and Customs Enforcement additional units of 

Customs Patrol Officers in accordance with this section. 

(c) DUTIES.—The Secretary is authorized to establish within the Bureau of Immigration and Customs Enforcement additional units of Customs Patrol Officers in accordance with this section. 

(d) BASIC PAY FOR JOURNEYMAN OFFICERS.—The rate of basic pay for a journeyman Customs Patrol Officer in a unit described in this section shall be not less than 

the rate of basic pay for GS–13 of the General Schedule. 

(e) SUPERVISORS.—Each unit described under this section shall be supervised by 

a Chief Customs Patrol Officer, who shall have the same rank as a resident agentin-charge of the Office of Investigations. 

23 

SEC. 407. AUTHORITY AND RESPONSIBILITY OF OTHER FEDERAL AGENCIES. 

Nothing in this Act shall diminish or otherwise affect the authority or responsibility under statute, regulation, or Executive order of other Federal agencies than 

the Department of Homeland Security, including the Department of Commerce, the 

Department of Energy, the Department of Transportation, the Federal Communications Commission, the Nuclear Regulatory Commission, the Federal Energy Regulatory Commission, the Environmental Protection Agency, the Federal Trade Commission, and the National Telecommunications and Information Administration. 

PURPOSE AND SUMMARY

The purpose of H.R. 1817, ‘‘Department of Homeland Security 

Authorization Act for Fiscal Year 2006,’’ is to authorize appropriations for fiscal year 2006 for the Department of Homeland Security, 

and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Our nation’s critical infrastructure encompasses public and private facilities in the sectors of agriculture, food, water, public 

health, emergency services, government, defense industrial base, 

information and telecommunications, energy, transportation, banking and finance, chemicals and hazardous materials, and postal 

and shipping. Computers are their nervous system. Cyberspace is 

composed of hundreds of thousands of interconnected computers, 

servers, routers, and switches that monitor and allow the nation’s 

critical infrastructure to work. Thus, the healthy functioning of 

cyberspace is essential to the country’s economic strength and its 

national security. 

The issue of cybersecurity falls squarely within the jurisdiction 

of the Committee on Energy and Commerce. It is the Committee 

on Energy and Commerce that has cybersecurity jurisdiction due to 

its existing oversight of the networks, systems, facilities, and 

equipment over which any cybersecurity attack would occur and 

the potential effects of cybersecurity incidents on our nation’s interstate and foreign commerce. When the House passed the Rules 

package for the 109th Congress, it did not contain language in Rule 

X granting the Committee on Homeland Security jurisdiction over 

cybersecurity issues. Importantly, language that would have given 

the Committee on Homeland Security some jurisdiction over 

cybersecurity was removed. Removal of this language was agreed 

to by the Republican Conference and later by a vote of the full 

House. The vote of the Republican Conference, and the vote adopting the Rules of the House, indicates that the Committee on Homeland Security is not the Committee of jurisdiction over issues involving cybersecurity. 

Cybersecurity and the protection of critical infrastructure are 

both core parts of the jurisdiction of the Committee on Energy and 

Commerce. As the Committee with oversight of key critical infrastructure and the regulation of such infrastructure by agencies including the Department of Commerce, Department of Energy, Department of Transportation, Federal Communications Commission, 

Federal Trade Commission, Federal Energy Regulatory Commission, Nuclear Regulatory Commission, National Telecommunications and Information Administration, and the Environmental 

Protection Agency, the Committee is cognizant of the wide range of 

security protections each agency of expertise has implemented or is 

actively developing. For that reason, the Committee adopted a 

24 

Manager’s amendment protecting the role of Federal agencies. 

Many of these agencies are taking steps to protect the critical infrastructure they regulate as well as their cyber assets. Additionally, the amendment makes clear that nothing in H.R. 1817 diminishes or alters the role of these Federal agencies as they actively 

work to protect the nation’s critical infrastructure, both physical 

and cyber. H.R. 1817 does nothing to undermine the authority of 

federal agencies of expertise to require that industries for which 

they have responsibility meet existing and future prescribed security and safety requirements. 

While the Committee would rather have had more time to hold 

hearings and mark up legislation addressing these issues, the Committee is responding to the tight time-limited referral of H.R. 1817. 

The Committee has jurisdiction over broad and far-reaching subjects, including telecommunications, energy, health care, the environment, commerce, trade, and consumer protection. Due to time 

constraints, however, there were issues in H.R. 1817 that the Committee did not address, but that was not for lack of Committee jurisdiction. While H.R. 1817, as reported by the Committee on Energy and Commerce, addresses only some concerns relating to the 

Committee’s jurisdiction, the Committee intends to return to these 

issues later in the year in a more comprehensive fashion. 

H.R. 1817 establishes a myriad of new programs and offices, a 

number of whose functions fall within this Committee’s jurisdiction. Chief among them are sections 311–314, that among other 

things, create a new Assistant Secretary for Cybersecurity within 

the Department of Homeland Security. Section 313 defines 

‘‘cybersecurity.’’ Further, in sections 331–333, the bill requires the 

Department of Homeland Security to create a prioritization plan 

and complete a security review on how to protect the nation’s ‘‘critical infrastructure.’’ Critical infrastructure encompasses many assets, including information, telecommunications, energy, financial 

services, water, and transportation networks and facilities. Such 

critical infrastructure assets are crucial to the country’s interstate 

and foreign commerce and national security. 

The Committee has strong concerns about duplicative regulatory 

and oversight regimes and the impact they could have on interstate 

and foreign commerce as well as national security. The bill includes 

provisions that appear to grant the Department of Homeland Security (DHS) authority that overlaps with the responsibilities of other 

agencies within the jurisdiction of the Energy and Commerce Committee. Depending on future interpretation of these provisions, the 

result could be inconsistent oversight or regulation of various industries that already are responding to terrorism or other security 

directives from the agencies with direct regulatory authority over 

them. There is a risk that redundant, competing, and possibly conflicting obligations or priorities could be imposed upon businesses, 

such as the electric transmission, nuclear power, or telecommunications industries. It is unclear whether the nation’s safety and security would be enhanced by such dual authority, or whether the 

related expenditure of federal funds would be warranted. In addition, dual oversight or regulation could blur lines of accountability, 

both within government and industry. 

25 

HEARINGS

No hearings on this legislation have yet been held in the 109th 

Congress. 

COMMITTEE CONSIDERATION

On Wednesday, May 11, 2005, the Full Committee met in open 

markup session and ordered H.R. 1817 favorably reported to the 

House, as amended, by a voice vote, a quorum being present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 1817 reported. 

A motion by Chairman Barton to order H.R. 1817 reported to the 

House, as amended, was agreed to by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee did not hold any hearings on 

this legislation in the 109th Congress. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The purpose of H.R. 1817, the Department of Homeland Security 

Authorization Act for FY 2006, is to authorize appropriations for 

fiscal year 2006 for the Department of Homeland Security, and for 

other purposes. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 1817, the 

‘‘Department of Homeland Security Authorization Act for Fiscal 

Year 2006,’’ would result in changes to budget authority, entitlement authority, and tax expenditures and revenues to the extent 

stated below in the Committee Cost Estimate. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

26

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 13, 2005. 

Hon. JOE BARTON, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1817, the Department of 

Homeland Security Authorization Act for Fiscal Year 2006. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Mark Grabowicz (for 

federal costs), and Melissa Merrell (for the impact on state and 

local governments). 

Sincerely, 

———

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 1817—Department of Homeland Security Authorization Act for 

Fiscal Year 2006

Summary: H.R 1817 would authorize the appropriation of $34.2 

billion for fiscal year 2006 to fund the major operations of the Department of Homeland Security (DHS). CBO estimates that, implementing H.R. 1817 would cost about $33 billion over the 2006–2010 

period, assuming appropriation of the authorized amounts. Enacting the bill would not affect direct spending or receipts. 

H.R. 1817 contains an intergovmental mandate as defined in the 

Unfunded Mandates Reform Act (UMRA) by exempting certain information related to critical infrastructure from state and local 

laws that provide public access to information. CBO estimates that 

the costs, if any, to state and local governments would be minimal 

and well below the annual threshold established in that act ($62 

million in 2005, adjusted annually for inflation). H.R. 1817 . contains no new private-sector mandates as defined in UMRA. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1817 is shown in the following table. For this 

estimate, CBO assumes that the authorized amounts will be appropriated near the beginning of fiscal year 2006 and that outlays will 

follow the historical spending rates. for these activities. The costs 

of this legislation fall within budget functions 050 (national defense), 300 (natural resources and environment), 400 (transportation), 450 (community and regional development), 550 (health), 

600 (income security), 750 (administration of justice), and 800 (general government).

By fiscal year, in millions of dollars—

2005 2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION

Department of Homeland Security: 

Spending Under Current Law: 

Estimated Budget Authority a ...................... 38,469 0 0 0 0 0 

Estimated Outlays ....................................... 31,928 14,443 7,939 3,475 1,308 594 

Proposed Changes: 

Authorization Level ...................................... 0 34,152 0 0 0 0 

Estimated Outlays ....................................... 0 17,418 7,513 5,123 2,391 683 

27 

By fiscal year, in millions of dollars—

2005 2006 2007 2008 2009 2010 

Department of Homeland Security: 

Spending Under H.R. 1817: 

Estimated Budget Authority a ...................... 38,469 34,152 0 0 0 0 

Estimated Outlays ....................................... 31,928 31,861 15,452 8,598 3,699 1,277 

a The estimated 2005 level is the amount of appropriations less offsetting collections for that year for operations of DHS. 

Intergovernmental and private-sector impact: H.R. 1817 contains 

an intergovernmental mandate as defined in UMRA by exempting 

certain information related to critical infrastructure from state and 

local laws that provide public access to information. CBO estimates 

that the costs, if any to state and local governments would be minimal and well below the annual threshold established in that act 

($62 million in 2005, adjusted annually for inflation). H.R. 1817 

contains no new private-sector mandates as defined in UMRA. 

Section 306 would require the Secretary of the Department of 

Homeland Security to issue regulations for the security of maritime 

cargo moving within the intermodal transportation system. Those 

regulations would relate to the securing, recording, and verifying of 

seals on maritime cargo containers in the hauling of cargo from one 

mode of transportation to another. According to DHS, a notice of 

proposed rulemaking that incorporates the recommendations referred to in the bill has been drafted and is pending review. Based 

on information from DHS, CBO anticipates that the Secretary will 

issue those regulations. Thus, CBO expects that the provisions this 

section would impose no additional mandates on public or privatesector entities. State and local governments would benefit from programs to improve interoperable communications and to reimburse 

costs for having law enforcement officers trained to enforce immigration laws. Any costs incurred by those governments would be incurred voluntarily. 

Previous CBO estimates: On May 6, 2005, CBO transmitted a 

cost estimate for H.R. 1817 as ordered reported by the House Committee on Homeland Security on April 27, 2005. On May 13, 2005, 

CBO transmitted a cost estimate for H.R. 1817 as ordered reported 

by the House Committee on the Judiciary on May 12, 2005. The 

three versions of the bill are similar, and all three cost estimates 

are identical. 

Estimate prepared by: federal costs: Mark Grabowicz; impact on 

state, local, and tribal governments; Melissa Merrell; impact on the 

private sector: Paige Piper/Bach. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

28 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

The section-by-section contained in this report reflects the 

amendments that were adopted during the Committee on Energy 

and Commerce markup of H.R. 1817, as reported by the Committee 

on Homeland Security. Due to the time constraints imposed on the 

Committee to report H.R. 1817, the section-by-section reflects only 

the amendments that were adopted during the Full Committee 

markup. The fact that the Committee did not undertake amendments on other aspects of H.R. 1817 should not be construed as a 

waiver of the Committee on Energy and Commerce’s jurisdiction 

over other provisions of this bill. A complete section-by-section to 

H.R. 1817, as reported by the Committee on Homeland Security, 

can be found in House Report 109–71, Part I. The Committee on 

Energy and Commerce takes no position on the contents of the section-by-section of the Committee on Homeland Security report on 

H.R. 1817. 

Section 109. Metropolitan Medical Response System 

Section 109 authorizes the Metropolitan Medical Response System for fiscal year 2006 at $75 million of the total authorized under 

section 101. 

Section 302. Technology development and transfer 

Subsection (c) requires the Department to report to the Committees on Homeland Security and Energy and Commerce of the 

House of Representatives and the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate on its status in implementing the functions 

of the Technology Clearinghouse, as well as the S&T Directorate’s 

progress in reviewing unsolicited technology proposals. 

Section 306. Security of maritime cargo containers 

Section 306(c)(2) and 306(d)(3) requires the Secretary to submit 

reports to the Committees on Homeland Security and Energy and 

Commerce of the House of Representatives and the Committees on 

Homeland Security and Governmental Affairs and Commerce, 

Science, and Transportation of the Senate on the implementation 

of those sections. 

29 

Section 312. Assistant Secretary for Cybersecurity 

Section 312(a) establishes the position of Assistant Secretary for 

Cybersecurity that will be appointed by the President. Section 

312(b) specifies the Assistant Secretary for Cybersecurity will have 

responsibility for the National Cyber Security Division and the National Communications System within DHS. Additionally, section 

312(b) lists the Assistant Secretary’s responsibilities. These responsibilities are certain cybersecurity-related duties currently assigned 

to the Under Secretary for Information Analysis and Infrastructure 

Protection under 6 U.S.C. 201. Specifically, the new Assistant Secretary will be responsible for cybersecurity-related duties in subsections (2), (3), (5), (6), (15), and (17) of section 201(d) of the 

Homeland Security Act of 2002. The legislation creates no new 

cybersecurity-related authority for either the Assistant Secretary or 

the Department. 

Section 312(c) requires the Assistant Secretary for Cybersecurity 

to coordinate all activities under this subtitle with other Federal 

agencies, including the Department of Commerce, Department of 

Energy, Department of Transportation, Federal Communications 

Commission, Federal Trade Commission, Nuclear Regulatory Commission, Federal Energy Regulatory Commission, National Telecommunications and Information Administration, and the Environmental Protection Agency. 

Because these agencies of expertise are developing and implementing cybersecurity priorities and measures to protect their own 

infrastructure, as well as creating policies and practices for their 

regulated industries, it is vitally important to maintain coordination with these relevant Federal agencies. 

An area of importance to the Committee is the creation of 

cybersecurity best practices. The Network Reliability and Interoperability Council (NRIC) and the Media Security and Reliability 

Council, two Federal advisory committees overseen by the Federal 

Communications Commission, have undertaken initiatives to protect communications infrastructure. The Homeland Defense Group 

was initially chartered by NRIC VI in March 2002 to focus on the 

development of best practices to prevent disruptions of public telecommunications services and the Internet to effectively restore 

those services and facilities in the event of disruption. This entailed 

studying and developing hundreds of best practices relating to 

cybersecurity. These efforts were continued in the charter for NRIC 

VII. Those best practices were recently reviewed by NRIC to determine if any gaps exist between NRIC best practices and existing 

industry best practices for cybersecurity. A final report is due by 

December 16, 2005. Recently Federal Communications Commission 

officials have been conducting on-site seminars across the country 

to help implement NRIC’s best practices throughout the communications industry. The Assistant Secretary for Cybersecurity shall 

coordinate with NRIC and other Federal agencies. As a result of 

the changes made by the Committee, section 315 of the bill, as reported by the Committee on Homeland Security, was deleted. 

Section 313. Cybersecurity defined 

Section 313 defines for the term ‘‘cybersecurity’’ for purposes of 

subtitle B. The term ‘‘cybersecurity’’ is defined as the protection 

and restoration of networked electronic equipment and facilities, 

30 

including hardware and software and the information contained 

therein, from intrusion, interference, and incapacitation.’’

Section 331. Critical infrastructure 

Section 331 requires the Secretary of Homeland Security to complete the prioritization of critical infrastructure no later than 90 

days after enactment according to the following criteria: the threat 

of terrorist attack, based on information received by the DHS Office 

of Information Analysis regarding the intentions and capabilities of 

terrorist groups and other potential threats; the likelihood that an 

attack would cause the disruption of such infrastructure; and the 

likelihood that such an attack would result in substantial numbers 

of human deaths and serious bodily injuries, a substantial adverse 

impact on the national economy, or a significant adverse impact on 

the national security. 

Section 331(b) requires the Secretary to coordinate the 

prioritization under this section with other Federal agencies of expertise, including the Department of Commerce, Department of Energy, Department of Transportation, Federal Communications 

Commission, Federal Trade Commission, Nuclear Regulatory Commission, Federal Energy Regulatory Commission, National Telecommunications and Information Administration, and the Environmental Protection Agency. 

Section 332. Security review 

Section 332(a) requires the Secretary of DHS to review existing 

security plans for securing the specific facilities included in the 

prioritized list, to recommend changes to existing security plans, 

and to coordinate and contribute to critical infrastructure protective efforts of Federal, State, and local agencies and the private 

sector as set out in Homeland Security Presidential Directive 7 

(HSPD–7, Dec. 17, 2003). Recommendations for security plans 

made under this section shall include protective measures to secure 

such infrastructure, and milestones and timeframes for implementation. Section 332(c) requires the Secretary to coordinate the security review and recommendations under this section with other 

Federal agencies of expertise, including the Department of Commerce, Department of Energy, Department of Transportation, Federal Communications Commission, Federal Trade Commission, Nuclear Regulatory Commission, Federal Energy Regulatory Commission, National Telecommunications and Information Administration, and the Environmental Protection Agency. 

Section 333. Implementation report 

Section 333(a) directs the Secretary of Homeland Security to report on the implementation of this subtitle to the Committees on 

Homeland Security and Energy and Commerce of the House of 

Representatives and the Committees on Homeland Security and 

Governmental Affairs and Commerce, Science, and Transportation 

of the Senate no later than 15 months after enactment of this Act. 

Following the coordination required by section 332(c), section 

333(b) requires the Secretary to provide an updated report to the 

Committees on Homeland Security and Energy and Commerce of 

the House of Representatives and the Committees on Homeland 

Security and Governmental Affairs and Commerce, Science, and 

31 

Transportation of the Senate not later than one year after the first 

report. 

Section 402. GAO report to Congress 

Section 402(a) requires the Government Accountability Office 

(GAO) to submit a report to Congress on the effectiveness of the 

organizational and management structure of DHS in meeting its 

missions with recommendations to facilitate and improve organization and management of the Department. The Committee expects 

to receive a copy of this report. 

Section 402(b) requires the GAO, not later than 6 months after 

the enactment of this act, to submit a report to the Committees on 

Homeland Security and Energy and Commerce of the House of 

Representatives and the Committees on Homeland Security and 

Governmental Affairs and Commerce, Science, and Transportation 

of the Senate on the effectiveness of the efforts of the Assistant 

Secretary for Cybersecurity to fulfill the statutory responsibilities 

of that office. 

Section 407. Authority and responsibility of other federal agencies 

Section 407 states that nothing in this Act shall diminish or otherwise affect the authority or responsibility under statute, regulation, or Executive order of Federal agencies other than the DHS. 

Thus, this Act does nothing to undermine the authority of federal 

agencies of expertise to require that industries for which they have 

responsibility meet existing and future prescribed security and 

safety requirements. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

HOMELAND SECURITY ACT OF 2002 

* * * * * * * 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND SECURITY 

Sec. 101. Executive department; mission. 

* * * * * * * 

Sec. 104. Authority for disseminating homeland security information. 

Sec. 105. Homeland Security Information Requirements Board. 

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information Analysis and Infrastructure Protection; 

Access to Information 

Sec. 201. Directorate for Information Analysis and Infrastructure Protection. 

* * * * * * * 

32 

Sec. 203. Alternative analysis of homeland security information. 

Sec. 204. 9/11 Memorial Homeland Security Fellows Program. 

Sec. 205. Homeland Security Advisory System. 

Sec. 206. Full and efficient use of open-source information. 

* * * * * * * 

TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR 

GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL 

PROVISIONS 

* * * * * * * 

Subtitle J—Terrorism Preparedness Exercises 

Sec. 899a. National terrorism exercise program. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

* * * * * * * 

SEC. 102. SECRETARY; FUNCTIONS. 

(a) * * * 

* * * * * * * 

(e) PARTICIPATION IN FOREIGN COLLECTION REQUIREMENTS AND

MANAGEMENT PROCESSES.—The Secretary shall be a member of any 

Federal Government interagency board, established by Executive 

order or any other binding interagency directive, that is responsible 

for establishing foreign collection information requirements and priorities for estimative analysis. 

ø(e)¿ (f) ISSUANCE OF REGULATIONS.—The issuance of regulations 

by the Secretary shall be governed by the provisions of chapter 5 

of title 5, United States Code, except as specifically provided in this 

Act, in laws granting regulatory authorities that are transferred by 

this Act, and in laws enacted after the date of enactment of this 

Act. 

ø(f)¿ (g) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary 

shall appoint a Special Assistant to the Secretary who shall be responsible for—

(1) * * * 

* * * * * * * 

ø(g)¿ (h) STANDARDS POLICY.—All standards activities of the Department shall be conducted in accordance with section 12(d) of the 

National Technology Transfer Advancement Act of 1995 (15 U.S.C. 

272 note) and Office of Management and Budget Circular A–119. 

* * * * * * * 

SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY INFORMATION. 

(a) PRIMARY AUTHORITY.—Except as provided in subsection (b), 

the Secretary shall be the executive branch official responsible for 

disseminating homeland security information to State and local 

government and tribal officials and the private sector. 

(b) PRIOR APPROVAL REQUIRED.—No Federal official may disseminate any homeland security information, as defined in section 

33 

892(f)(1), to State, local, tribal, or private sector officials without the 

Secretary’s prior approval, except—

(1) in exigent circumstances under which it is essential that 

the information be communicated immediately; or 

(2) when such information is issued to State, local, or tribal 

law enforcement officials for the purpose of assisting them in 

any aspect of the administration of criminal justice. 

SEC. 105. HOMELAND SECURITY INFORMATION REQUIREMENTS 

BOARD. 

(a) ESTABLISHMENT OF BOARD.—There is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the ‘‘Information Requirements 

Board’’). 

(b) MEMBERSHIP.—The following officials are members of the Information Requirements Board: 

(1) The Secretary of Homeland Security, who shall serve as 

the Chairman of the Information Requirements Board. 

(2) The Attorney General. 

(3) The Secretary of Commerce. 

(4) The Secretary of the Treasury. 

(5) The Secretary of Defense. 

(6) The Secretary of Energy. 

(7) The Secretary of State. 

(8) The Secretary of the Interior. 

(9) The Director of National Intelligence. 

(10) The Director of the Federal Bureau of Investigation. 

(11) The Director of the National Counterterrorism Center. 

(12) The Chief Privacy Officer of the Department of Homeland Security. 

(c) FUNCTIONS.—

(1) OVERSIGHT OF HOMELAND SECURITY REQUIREMENTS.—The 

Information Requirements Board shall oversee the process for 

establishing homeland security requirements and collection 

management for all terrorism-related information and all other 

homeland security information (as defined in section 892(f)(1)) 

collected within the United States. 

(2) DETERMINATION OF COLLECTION PRIORITIES.—The Information Requirements Board shall—

(A) determine the domestic information collection requirements for information relevant to the homeland security 

mission; and 

(B) prioritize the collection and use of such information. 

(3) COORDINATION OF COLLECTION REQUIREMENTS AND MANAGEMENT ACTIVITIES.—

(A) COORDINATION WITH COUNTERPART AGENCIES.—The 

Chairman shall ensure that the Information Requirements 

Board carries out its activities in a manner that is fully coordinated with the Board’s counterpart entities. 

(B) PARTICIPATION OF COUNTERPART ENTITIES.—The 

Chairman and the Director of National Intelligence shall 

ensure that each counterpart entity—

(i) has at least one representative on the Information 

Requirement Board and on every subcomponent of the 

Board; and 

34 

(ii) meets jointly with the Information Requirements 

Board (and, as appropriate, with any subcomponent of 

the Board) as often as the Chairman and the Director 

of National Intelligence determine appropriate. 

(C) COUNTERPART ENTITY DEFINED.—In this section, the 

term ‘‘counterpart entity’’ means an entity of the Federal 

Government that is responsible for foreign intelligence collection requirements and management. 

(d) MEETINGS.— (1) IN GENERAL.—The Information Requirements Board shall 

meet regularly at such times and places as its Chairman may 

direct. 

(2) INVITED REPRESENTATIVES.—The Chairman may invite 

representatives of Federal agencies not specified in subsection 

(b) to attend meetings of the Information Requirements Board. 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information 

Analysis and Infrastructure Protection; 

Access to Information 

SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION. 

(a) * * * 

(b) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS; ASSISTANT

SECRETARY FOR INFRASTRUCTURE PROTECTION.—

(1) * * * 

* * * * * * * 

(3) ASSISTANT SECRETARY FOR CYBERSECURITY.—There shall 

be in the Department an Assistant Secretary for Cybersecurity, 

who shall be appointed by the President. 

ø(3)¿ (4) RESPONSIBILITIES.—The Assistant Secretary for Information øAnalysis and the¿ Analysis, the Assistant Secretary 

for Infrastructure øProtection shall¿ Protection, and the Assistant Secretary for Cybersecurity shall assist the Under Secretary for Information Analysis and Infrastructure Protection 

in discharging the responsibilities of the Under Secretary 

under this section. 

* * * * * * * 

(d) RESPONSIBILITIES OF UNDER SECRETARY.—Subject to the direction and control of the Secretary, the responsibilities of the 

Under Secretary for Information Analysis and Infrastructure Protection shall be as follows: 

(1) * * * 

* * * * * * * 

(7) To administer the Homeland Security Advisory System 

under section 205, including—

(A) * * * 

* * * * * * * 

35 

(20) To require, in consultation with the Assistant Secretary 

for Infrastructure Protection, the creation and routine dissemination of analytic reports and products designed to provide 

timely and accurate information that has specific relevance to 

each of the Nation’s critical infrastructure sectors (as identified 

in the national infrastructure protection plan issued under 

paragraph (5)), to private sector officials in each such sector 

who are responsible for protecting institutions within that sector 

from potential acts of terrorism and for mitigating the potential 

consequences of any such act. 

(21) To ensure sufficient analytic expertise within the Office 

of Information Analysis to create and disseminate, on an ongoing basis, products based on the analysis of homeland security 

information, as defined in section 892(f)(1), with specific reference to the threat of terrorism involving the use of nuclear 

weapons and biological agents to inflict mass casualties or 

other catastrophic consequences on the population or territory of 

the United States. 

(22) To ensure that— (A) the Assistant Secretary for Information Analysis receives promptly and without request all information obtained by any component of the Department if that information relates, directly or indirectly, to a threat of terrorism involving the potential use of nuclear weapons; 

(B) such information is— (i) integrated and analyzed comprehensively; and 

(ii) disseminated in a timely manner, including to 

appropriately cleared State, local, tribal, and private 

sector officials; and 

(C) such information is used to determine what requests 

the Department should submit for collection of additional 

information relating to that threat. 

(23) To ensure that the Assistant Secretary for Information 

Analysis—

(A) is routinely and without request given prompt access 

to all terrorism-related information collected by or otherwise in the possession of any component of the Department, 

including all homeland security information (as that term 

is defined in section 892(f)(1)); and 

(B) to the extent technologically feasible has direct access 

to all databases of any component of the Department that 

may contain such information. 

(24) To administer the homeland security information network, including—

(A) exercising primary responsibility for establishing a 

secure nationwide real-time homeland security information 

sharing network for Federal, State, and local government 

agencies and authorities, tribal officials, the private sector, 

and other governmental and private entities involved in receiving, analyzing, and distributing information related to 

threats to homeland security; 

(B) ensuring that the information sharing systems, developed in connection with the network established under subparagraph (A), are utilized and are compatible with, to the 

greatest extent practicable, Federal, State, and local governVerDate Aug 04 2004 07:02 May 14, 2005 Jkt 039006 PO 00000 Frm 00035 Fmt 6659 Sfmt 6603 E:\HR\OC\HR071P2.XXX HR071P2
36 

ment, tribal, and private sector antiterrorism systems and 

protocols that have been or are being developed; and 

(C) ensuring, to the greatest extent possible, that the 

homeland security information network and information 

systems are integrated and interoperable with existing private sector technologies. 

(25) To ensure that, whenever possible—

(A) the Assistant Secretary for Information Analysis produces and disseminates reports and analytic products 

based on open-source information that do not require a national security classification under applicable law; and 

(B) such unclassified open-source reports are produced 

and disseminated contemporaneously with reports or analytic products concerning the same or similar information 

that the Assistant Secretary for Information Analysis produces and disseminates in a classified format. 

* * * * * * * 

SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION. 

The Secretary shall establish a process and assign an individual 

or entity the responsibility to ensure that, as appropriate, elements 

of the Department conduct alternative analysis (commonly referred 

to as ‘‘red-team analysis’’) of homeland security information, as that 

term is defined in section 892(f)(1), that relates to potential acts of 

terrorism involving the use of nuclear weapons or biological agents 

to inflict mass casualties or other catastrophic consequences on the 

population or territory of the United States. 

SEC. 204. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS PROGRAM. 

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary shall establish a fellowship 

program in accordance with this section for the purpose of 

bringing State, local, tribal, and private sector officials to participate in the work of the Homeland Security Operations Center in order to become familiar with—

(A) the mission and capabilities of that Center; and 

(B) the role, programs, products, and personnel of the Office of Information Analysis, the Office of Infrastructure 

Protection, and other elements of the Department responsible for the integration, analysis, and dissemination of 

homeland security information, as defined in section 

892(f)(1). 

(2) PROGRAM NAME.—The program under this section shall be 

known as the 9/11 Memorial Homeland Security Fellows Program. 

(b) ELIGIBILITY.—In order to be eligible for selection as a fellow 

under the program, an individual must—

(1) have homeland security-related responsibilities; and 

(2) possess an appropriate national security clearance. 

(c) LIMITATIONS.—The Secretary—

(1) may conduct up to 4 iterations of the program each year, 

each of which shall be 90 days in duration; and 

(2) shall ensure that the number of fellows selected for each 

iteration does not impede the activities of the Center. 

37 

(d) CONDITION.—As a condition of selecting an individual as a 

fellow under the program, the Secretary shall require that the individual’s employer agree to continue to pay the individual’s salary 

and benefits during the period of the fellowship. 

(e) STIPEND.—During the period of the fellowship of an individual 

under the program, the Secretary shall, subject to the availability 

of appropriations—

(1) provide to the individual a stipend to cover the individual’s reasonable living expenses during the period of the fellowship; and 

(2) reimburse the individual for round-trip, economy fare 

travel to and from the individual’s place of residence twice each 

month. 

SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 

(a) REQUIREMENT.—The Under Secretary for Information Analysis and Infrastructure Protection shall implement a Homeland Security Advisory System in accordance with this section to provide 

public advisories and alerts regarding threats to homeland security, 

including national, regional, local, and economic sector advisories 

and alerts, as appropriate. 

(b) REQUIRED ELEMENTS.—The Under Secretary, under the System—

(1) shall include, in each advisory and alert regarding a 

threat, information on appropriate protective measures and 

countermeasures that may be taken in response to the threat; 

(2) shall, whenever possible, limit the scope of each advisory 

and alert to a specific region, locality, or economic sector believed to be at risk; and 

(3) shall not, in issuing any advisory or alert, use color designations as the exclusive means of specifying the homeland security threat conditions that are the subject of the advisory or 

alert. 

SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION. 

The Under Secretary shall ensure that, in meeting their analytic 

responsibilities under section 201(d) and in formulating requirements for collection of additional information, the Assistant Secretary for Information Analysis and the Assistant Secretary for Infrastructure Protection make full and efficient use of open-source information wherever possible. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY 

IN SUPPORT OF HOMELAND SECURITY 

* * * * * * * 

SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND 

SECURITY. 

(a) * * * 

(b) ELEMENTS OF PROGRAM.—The program described in subsection (a) shall include the following components: 

38 

(1) * * * 

* * * * * * * 

(6) The establishment of a homeland security technology 

transfer program to facilitate the identification, modification, 

and commercialization of technology and equipment for use by 

Federal, State, and local governmental agencies, emergency response providers, and the private sector to prevent, prepare for, 

or respond to acts of terrorism. 

(c) TECHNOLOGY TRANSFER PROGRAM.—In developing the program described in subsection (b)(6), the Secretary, acting through 

the Under Secretary for Science and Technology, shall— (1) in consultation with the other Under Secretaries of the Department and the Director of the Office for Domestic Preparedness, on an ongoing basis— (A) conduct surveys and reviews of available appropriate 

technologies that have been, or are in the process of being 

developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, or the private sector or 

foreign governments and international organizations and 

that may be useful in assisting Federal, State, and local 

governmental agencies, emergency response providers, or 

the private sector to prevent, prepare for, or respond to acts 

of terrorism; 

(B) conduct or support research, development, tests, and 

evaluations, as appropriate of technologies identified under 

subparagraph (A), including any necessary modifications to 

such technologies for antiterrorism use; 

(C) communicate to Federal, State, and local governmental agencies, emergency response providers, or the private sector the availability of such technologies for 

antiterrorism use, as well as the technology’s specifications, 

satisfaction of appropriate standards, and the appropriate 

grants available from the Department to purchase such 

technologies; 

(D) coordinate the selection and administration of all 

technology transfer activities of the Science and Technology 

Directorate, including projects and grants awarded to the 

private sector and academia; and 

(E) identify priorities based on current risk assessments 

within the Department of Homeland Security for identifying, researching, developing, testing, evaluating, modifying, and fielding existing technologies for antiterrorism 

purposes; 

(2) in support of the activities described in paragraph (1)— (A) consult with Federal, State, and local emergency response providers; 

(B) consult with government agencies and nationally recognized standards development organizations as appropriate; 

(C) enter into agreements and coordinate with other Federal agencies, foreign governments, and national and international organizations as the Secretary determines appropriate, in order to maximize the effectiveness of such technologies or to facilitate commercialization of such technologies; and 

39 

(D) consult with existing technology transfer programs 

and Federal and State training centers that research, develop, test, evaluate, and transfer military and other technologies for use by emergency response providers; and 

(3) establish a working group in coordination with the Secretary of Defense to advise and assist the technology clearinghouse in the identification of military technologies that are in 

the process of being developed, or are developed, by the Department of Defense or the private sector, which may include— (A) representatives from the Department of Defense or retired military officers; 

(B) nongovernmental organizations or private companies 

that are engaged in the research, development, testing, or 

evaluation of related technologies or that have demonstrated prior experience and success in searching for and 

identifying technologies for Federal agencies; 

(C) Federal, State, and local emergency response providers; and 

(D) to the extent the Secretary considers appropriate, 

other organizations, other interested Federal, State, and 

local agencies, and other interested persons. 

ø(c)¿ (d) MISCELLANEOUS PROVISIONS.— (1) * * * 

* * * * * * * 

TITLE IV—DIRECTORATE OF BORDER 

AND TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

* * * * * * * 

SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS. 

(a) * * * 

* * * * * * * 

(c) RESPONSIBILITIES.—The Office for Domestic Preparedness 

shall have the primary responsibility within the executive branch 

of Government for the preparedness of the United States for acts 

of terrorism, including— (1) * * * 

* * * * * * * 

(8) those elements of the Office of National Preparedness of 

the Federal Emergency Management Agency which relate to 

terrorism, which shall be consolidated within the Department 

in the Office for Domestic Preparedness established under this 

section; øand¿ 

(9) helping to ensure the acquisition of interoperable communication technology by State and local governments and emergency response providersø.¿; and 

(10) designing, developing, performing, and evaluating exercises at the national, State, territorial, regional, local, and tribVerDate Aug 04 2004 07:02 May 14, 2005 Jkt 039006 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\HR071P2.XXX HR071P2
40 

al levels of government that incorporate government officials, 

emergency response providers, public safety agencies, the private sector, international governments and organizations, and 

other appropriate entities to test the Nation’s capability to prevent, prepare for, respond to, and recover from threatened or actual acts of terrorism. 

* * * * * * * 

TITLE VIII—COORDINATION WITH NONFEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS 

* * * * * * * 

Subtitle J—Terrorism Preparedness 

Exercises 

SEC. 899a. NATIONAL TERRORISM EXERCISE PROGRAM. 

(a) IN GENERAL.—The Secretary, through the Office for Domestic 

Preparedness, shall establish a National Terrorism Exercise Program for the purpose of testing and evaluating the Nation’s capabilities to prevent, prepare for, respond to, and recover from threatened or actual acts of terrorism that—

(1) enhances coordination for terrorism preparedness between 

all levels of government, emergency response providers, international governments and organizations, and the private sector; 

(2) is—

(A) multidisciplinary in nature, including, as appropriate, information analysis and cybersecurity components; 

(B) as realistic as practicable and based on current risk 

assessments, including credible threats, vulnerabilities, and 

consequences; 

(C) carried out with the minimum degree of notice to involved parties regarding the timing and details of such exercises, consistent with safety considerations; 

(D) evaluated against performance measures and followed by corrective action to solve identified deficiencies; 

and 

(E) assessed to learn best practices, which shall be shared 

with appropriate Federal, State, territorial, regional, local, 

and tribal personnel, authorities, and training institutions 

for emergency response providers; and 

(3) assists State, territorial, local, and tribal governments 

with the design, implementation, and evaluation of exercises 

that—

(A) conform to the requirements of paragraph (2); and 

(B) are consistent with any applicable State homeland security strategy or plan. 

41 

(b) NATIONAL LEVEL EXERCISES.—The Secretary, through the National Terrorism Exercise Program, shall perform on a periodic 

basis national terrorism preparedness exercises for the purposes of— (1) involving top officials from Federal, State, territorial, 

local, tribal, and international governments, as the Secretary 

considers appropriate; 

(2) testing and evaluating the Nation’s capability to detect, 

disrupt, and prevent threatened or actual catastrophic acts of 

terrorism, especially those involving weapons of mass destruction; and 

(3) testing and evaluating the Nation’s readiness to respond 

to and recover from catastrophic acts of terrorism, especially 

those involving weapons of mass destruction. 

(c) CONSULTATION WITH FIRST RESPONDERS.—In implementing 

the responsibilities described in subsections (a) and (b), the Secretary shall consult with a geographic (including urban and rural) 

and substantive cross section of governmental and nongovernmental 

first responder disciplines, including as appropriate—

(1) Federal, State, and local first responder training institutions; 

(2) representatives of emergency response providers; and 

(3) State and local officials with an expertise in terrorism preparedness. 

* * * * * * * 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART I—MISCELLANEOUS 

* * * * * * * 

CHAPTER 97—DEPARTMENT OF HOMELAND SECURITY 

Sec. 

9701. Establishment of human resources management system. 

9702. Recruitment bonuses. 

9703. Reemployed annuitants. 

9704. Regulations. 

* * * * * * * 

§ 9702. Recruitment bonuses 

(a) IN GENERAL.—Notwithstanding any provision of chapter 57, 

the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may 

pay a bonus to an individual in order to recruit such individual for 

a position that is primarily responsible for discharging the analytic 

responsibilities specified in section 201(d) of the Homeland Security 

Act of 2002 (6 U.S.C. 121(d)) and that—

42 

(1) is within the Directorate for Information Analysis and Infrastructure Protection; and 

(2) would be difficult to fill in the absence of such a bonus. 

In determining which individuals are to receive bonuses under this 

section, appropriate consideration shall be given to the Directorate’s 

critical need for linguists. 

(b) BONUS AMOUNT, FORM, ETC.—

(1) IN GENERAL.—The amount of a bonus under this section 

shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate 

of basic pay of the position involved. 

(2) FORM OF PAYMENT.—A bonus under this section shall be 

paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. 

(3) COMPUTATION RULE.—For purposes of paragraph (1), the 

annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. 

(c) SERVICE AGREEMENTS.—Payment of a bonus under this section shall be contingent upon the employee entering into a written 

service agreement with the Department of Homeland Security. The 

agreement shall include—

(1) the period of service the individual shall be required to 

complete in return for the bonus; and 

(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, 

and the effect of any such termination. 

(d) ELIGIBILITY.—A bonus under this section may not be paid to 

recruit an individual for—

(1) a position to which an individual is appointed by the 

President, by and with the advice and consent of the Senate; 

(2) a position in the Senior Executive Service as a noncareer 

appointee (as defined under section 3132(a)); or 

(3) a position which has been excepted from the competitive 

service by reason of its confidential, policy-determining, policymaking, or policy-advocating character. 

(e) TERMINATION.—The authority to pay bonuses under this section shall terminate on September 30, 2008. 

§ 9703. Reemployed annuitants 

(a) IN GENERAL.—If an annuitant receiving an annuity from the 

Civil Service Retirement and Disability Fund becomes employed in 

a position within the Directorate for Information Analysis and Infrastructure Protection of the Department of Homeland Security, the 

annuitant’s annuity shall continue. An annuitant so reemployed 

shall not be considered an employee for the purposes of chapter 83 

or 84. 

(b) TERMINATION.—The exclusion pursuant to this section of the 

Directorate for Information Analysis and Infrastructure Protection 

from the reemployed annuitant provisions of chapters 83 and 84 

shall terminate 3 years after the date of the enactment of this section, unless extended by the Secretary of Homeland Security. Any 

such extension shall be for a period of 1 year and shall be renewable. 

43 

(c) ANNUITANT DEFINED.—For purposes of this section, the term ‘‘annuitant’’ has the meaning given such term under section 8331 or 

8401, whichever is appropriate. 

§ 9704. Regulations 

The Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any 

regulations necessary to carry out section 9702 or 9703. 

* * * * * * * 

SECTION 70105 OF TITLE 46, UNITED STATES CODE 

§ 70105. Transportation security cards 

(a) * * * 

* * * * * * * 

(c) DETERMINATION OF TERRORISM SECURITY RISK.—(1) * * * 

* * * * * * * 

(3) The Secretary shall establish an appeals process under this 

section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing 

before an administrative law judge. 

* * * * * * * 

(5) In making a determination under paragraph (1)(D), the Secretary shall not consider a felony conviction if—

(A) that felony occurred more than 7 years prior to the date 

of the Secretary’s determination; and 

(B) the felony was not related to terrorism (as that term is defined in section 2 of the Homeland Security Act of 2002 (6 

U.S.C. 101)). 

* * * * * * * 

Æ