I 

109TH CONGRESS 

2D SESSION H. R. 5004 

To amend the Homeland Security Act of 2002 to provide for an Office 

of Intelligence and Analysis and an Office of Infrastructure Protection, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

Mr. SIMMONS (for himself and Ms. ZOE LOFGREN of California) introduced 

the following bill; which was referred to the Committee on Homeland Security, and in addition to the Select Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Homeland Security Act of 2002 to provide 

for an Office of Intelligence and Analysis and an Office 

of Infrastructure Protection, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEPARTMENTAL REORGANIZATION. 

4 (a) REDESIGNATION OF DIRECTORATE FOR INFOR5 MATION ANALYSIS AND INFRASTRUCTURE PROTEC6 TION.—Section 201 of the Homeland Security Act of 2002 

7 is amended— 


sroberts on PROD1PC70 with BILLS
2 

•HR 5004 IH 

1 (1) in subsection (a)(1)— 

2 (A) by striking ‘‘a Directorate for Informa3 tion Analysis and Infrastructure Protection’’ 

4 and inserting ‘‘an Office of Intelligence and 

5 Analysis’’; and 

6 (B) by striking ‘‘an Under Secretary for 

7 Information Analysis and Infrastructure Pro8 tection’’ and inserting ‘‘an Under Secretary for 

9 Intelligence and Analysis’’; 

10 (2) by striking subsection (b) and redesignating 

11 subsections (c) through (g) as subsections (b) 

12 through (f), respectively; 

13 (3) in subsection (b), as so redesignated— 

14 (A) by striking ‘‘and infrastructure protec15 tion’’ before ‘‘are carried out’’ and inserting 

16 ‘‘and intelligence’’; and 

17 (B) by striking ‘‘the Under Secretary for 

18 Information Analysis and Infrastructure Pro19 tection’’ and inserting ‘‘the Under Secretary for 

20 Intelligence and Analysis’’; 

21 (4) in subsection (c), as so redesignated— 

22 (A) by striking ‘‘the Under Secretary for 

23 Information Analysis and Infrastructure Pro24 tection’’ and inserting ‘‘the Under Secretary for 

25 Intelligence and Analysis’’; 


sroberts on PROD1PC70 with BILLS
3 

•HR 5004 IH 

1 (B) by striking paragraphs (2), (5), and 

2 (6), and redesignating paragraphs (3) through 

3 (17) as paragraphs (2) through (14), respec4 tively; 

5 (C) by redesignating paragraphs (18) and 

6 (19) as paragraphs (20) and (21), respectively; 

7 (D) in paragraph (2), as so redesignated, 

8 by striking ‘‘To integrate’’ and inserting ‘‘To 

9 participate in the integration of’’; 

10 (E) in paragraph (14), as so redesignated, 

11 by inserting ‘‘the Assistant Secretary for Infra12 structure Protection and’’ after ‘‘coordinate 

13 with’’; and 

14 (F) by inserting after paragraph (14), as 

15 redesignated by subparagraph (B), the fol16 lowing new paragraphs: 

17 ‘‘(15) To coordinate and enhance integration 

18 among intelligence components of the Department. 

19 ‘‘(16) To establish intelligence priorities, poli20 cies, processes, standards, guidelines, and procedures 

21 for the Department. 

22 ‘‘(17) To establish a structure and process to 

23 support the missions and goals of the intelligence 

24 components of the Department. 

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


sroberts on PROD1PC70 with BILLS
4 

•HR 5004 IH 

1 ‘‘(A) the Under Secretary for Intelligence 

2 and Analysis produces and disseminates reports 

3 and analytic products based on open-source in4 formation that do not require a national secu5 rity classification under applicable law; and 

6 ‘‘(B) such unclassified open source reports 

7 are produced and disseminated contempora8 neously with reports or analytic products con9 cerning the same or similar information that 

10 the Under Secretary for Intelligence and Anal11 ysis produces and disseminates in a classified 

12 format. 

13 ‘‘(19) To establish within the Office of Intel14 ligence Analysis an Internal Continuity of Oper15 ations (COOP) Plan that— 

16 ‘‘(A) assures that the capability exists to 

17 continue uninterrupted operations during a 

18 wide range of potential emergencies, including 

19 localized acts of nature, accidents, and techno20 logical or attack-related emergencies, that is 

21 maintained at a high level of readiness and is 

22 capable of implementation with and without 

23 warning; and 


sroberts on PROD1PC70 with BILLS
5 

•HR 5004 IH 

1 ‘‘(B) includes plans and procedures gov2 erning succession to office within the Office of 

3 Intelligence and Analysis, including— 

4 ‘‘(i) emergency delegations of author5 ity (where permissible, and in accordance 

6 with applicable law); 

7 ‘‘(ii) the safekeeping of vital re8 sources, facilities, and records; 

9 ‘‘(iii) the improvisation or emergency 

10 acquisition of vital resources necessary for 

11 the performance of operations of the Of12 fice; and 

13 ‘‘(iv) the capability to relocate essen14 tial personnel and functions to and to sus15 tain the performance of the operations of 

16 the Office at an alternate work site until 

17 normal operations can be resumed.’’; 

18 (5) in subsections (d) and (e), as redesignated 

19 by subsection (a)(2), by striking ‘‘Directorate’’ each 

20 place it appears and inserting ‘‘Office’’; and 

21 (6) in subsection (f), as redesignated by sub22 section (a)(2)— 

23 (A) by striking ‘‘the Under Secretary for 

24 Information Analysis and Infrastructure Pro25 tection’’ and inserting ‘‘the Under Secretary for 


sroberts on PROD1PC70 with BILLS
6 

•HR 5004 IH 

1 Intelligence and Analysis and the Assistant Sec2 retary for Infrastructure Protection’’; and 

3 (B) by inserting ‘‘and section 203’’ after 

4 ‘‘under this section’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) HOMELAND SECURITY ACT.—The Home7 land Security Act of 2002 (6 U.S.C. 101 et seq.) is 

8 amended— 

9 (A) in section 103(2), by striking ‘‘Infor10 mation Analysis and Infrastructure Protection’’ 

11 and inserting ‘‘Intelligence and Analysis’’; 

12 (B) in section 223, by striking ‘‘Under 

13 Secretary for Information Analysis and Infra14 structure Protection’’ and inserting ‘‘Under 

15 Secretary for Intelligence and Analysis, in co16 operation with the Assistant Secretary for In17 frastructure Protection’’; 

18 (C) in section 224, by striking ‘‘Under 

19 Secretary for Information Analysis and Infra20 structure Protection’’ and inserting ‘‘Assistant 

21 Secretary for Infrastructure Protection’’; 

22 (D) in section 302(3), by striking ‘‘Under 

23 Secretary for Information Analysis and Infra24 structure Protection’’ and inserting ‘‘Under 

25 Secretary for Intelligence and Analysis and the 


sroberts on PROD1PC70 with BILLS
7 

•HR 5004 IH 

1 Assistant Secretary for Infrastructure Protec2 tion’’; 

3 (E) in the first section 510(d)— 

4 (i) in paragraph (1), by striking ‘‘Di5 rectorate for Information Analysis and In6 frastructure Protection’’ and inserting 

7 ‘‘Office of Intelligence and Analysis’’; and 

8 (ii) in paragraph (2), by striking 

9 ‘‘Under Secretary for Information Analysis 

10 and Infrastructure Protection’’ and insert11 ing ‘‘Under Secretary for Intelligence and 

12 Analysis’’; and 

13 (F) by redesignating the second section 

14 510 as section 511. 

15 (2) HEADINGS.— 

16 (A) SECTION 201.—The heading for section 

17 121 of such Act is amended to read as follows: 

18 ‘‘SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.’’. 

19 (B) SECTION 201(a).—The heading for 

20 subsection (a) of section 121 of such Act is 

21 amended to read as follows: 

22 ‘‘(a) UNDER SECRETARY OF HOMELAND SECURITY

23 FOR INTELLIGENCE AND ANALYSIS.—’’. 

24 (C) SECTION 201(b).—The heading for 

25 subsection (b) of section 121 of such Act, as reVerDate Aug 31 2005 22:49 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5004.IH H5004

sroberts on PROD1PC70 with BILLS
8 

•HR 5004 IH 

1 designated by subsection (a)(2), is amended to 

2 read as follows: 

3 ‘‘(b) DISCHARGE OF INTELLIGENCE AND ANAL4 YSIS.—’’. 

5 (3) NATIONAL SECURITY ACT OF 1947.—Section 

6 106(b)(2)(I) of the National Security Act of 1947 

7 (50 U.S.C. 403–6) is amended to read as follows: 

8 ‘‘(I) The Under Secretary of Homeland Se9 curity for Intelligence and Analysis.’’. 

10 (4) INTELLIGENCE REFORM AND TERRORISM

11 PREVENTION ACT OF 2004.—Section 7306(a)(1) of 

12 the Intelligence Reform and Terrorism Prevention 

13 Act of 2004 (Public Law 108–458; 118 Stat. 3848) 

14 is amended by striking ‘‘Under Secretary for Infor15 mation Analysis and Infrastructure Protection’’ and 

16 inserting ‘‘Under Secretary for Intelligence and 

17 Analysis’’. 

18 (c) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of the Homeland Security Act of 2002 is 

20 amended by adding after the items relating to section 509 

21 the following: 

‘‘Sec. 510. Procurement of security countermeasures for strategic national 

stockpile. 

‘‘Sec. 511. Urban and other high risk area communications capabilities.’’. 


sroberts on PROD1PC70 with BILLS
9 

•HR 5004 IH 

1 SEC. 2. INTELLIGENCE COMPONENTS OF DEPARTMENT OF 

2 HOMELAND SECURITY. 

3 (a) RESPONSIBILITIES.—Subtitle A of title II of the 

4 Homeland Security Act of 2002 6 U.S.C. 201 et seq.) is 

5 amended by adding at the end the following new section: 

6 ‘‘SEC. 203. INTELLIGENCE COMPONENTS. 

7 ‘‘(a) RESPONSIBILITIES.—Subject to the direction 

8 and control of the Secretary, the responsibilities of the 

9 head of each intelligence component of the Department 

10 are as follows: 

11 ‘‘(1) To ensure that duties related to the acqui12 sition, analysis, and dissemination of homeland secu13 rity information are carried out effectively and effi14 ciently in support of the Under Secretary for Intel15 ligence and Analysis. 

16 ‘‘(2) To support and implement the goals estab17 lished in cooperation with the Under Secretary for 

18 Intelligence and Analysis. 

19 ‘‘(3) To incorporate the input of the Under Sec20 retary for Intelligence and Analysis with respect to 

21 performance appraisals, bonus or award rec22 ommendations, pay adjustments, and other forms of 

23 commendation. 

24 ‘‘(4) To coordinate with the Under Secretary 

25 for Intelligence and Analysis in the recruitment and 


sroberts on PROD1PC70 with BILLS
10 

•HR 5004 IH 

1 selection of intelligence officials of the intelligence 

2 component. 

3 ‘‘(5) To advise and coordinate with the Under 

4 Secretary for Intelligence and Analysis on any plan 

5 to reorganize or restructure the intelligence compo6 nent that would, if implemented, result in realign7 ments of intelligence functions. 

8 ‘‘(6) To ensure that employees of the intel9 ligence component have knowledge of and comply 

10 with the programs and policies established by the 

11 Under Secretary for Intelligence and Analysis and 

12 other appropriate officials of the Department and 

13 that such employees comply with all applicable laws 

14 and regulations. 

15 ‘‘(7) To perform such other duties relating to 

16 such responsibilities as the Secretary may provide. 

17 ‘‘(b) TRAINING OF EMPLOYEES.—The Secretary 

18 shall provide training and guidance for employees, offi19 cials, and senior executives of the intelligence components 

20 of the Department to develop knowledge of laws, regula21 tions, operations, policies, procedures, and programs that 

22 are related to the functions of the Department relating 

23 to the handling, analysis, dissemination, and acquisition 

24 of homeland security information.’’. 


sroberts on PROD1PC70 with BILLS
11 

•HR 5004 IH 

1 (b) INTELLIGENCE COMPONENT DEFINED.—Section 

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

3 is amended by adding at the end the following new para4 graph: 

5 ‘‘(17) The term ‘intelligence component of the 

6 Department’ means any directorate, agency, or ele7 ment of the Department that gathers, receives, ana8 lyzes, produces, or disseminates homeland security 

9 information except— 

10 ‘‘(A) a directorate, agency, or element of 

11 the Department that is required to be main12 tained as a distinct entity under this Act; or 

13 ‘‘(B) any personnel security, physical secu14 rity, document security, or communications se15 curity program within any directorate, agency, 

16 or element of the Department.’’. 

17 (c) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is amended by adding at the 

19 end of the items relating to such subtitle the following the 

20 following: 

‘‘Sec. 203. Intelligence components.’’. 

21 SEC. 3. OFFICE OF INFRASTRUCTURE PROTECTION. 

22 (a) ESTABLISHMENT.—Subtitle A of title II of the 

23 Homeland Security Act of 2002 6 U.S.C. 201 et seq.), 

24 as amended by section 2, is further amended by adding 

25 at the end the following new section: 


sroberts on PROD1PC70 with BILLS
12 

•HR 5004 IH 

1 ‘‘SEC. 204. OFFICE OF INFRASTRUCTURE PROTECTION. 

2 ‘‘(a) ASSISTANT SECRETARY FOR INFRASTRUCTURE

3 PROTECTION.— 

4 ‘‘(1) IN GENERAL.—There shall be in the De5 partment an Office of Infrastructure Protection 

6 headed by an Assistant Secretary for Infrastructure 

7 Protection. 

8 ‘‘(2) RESPONSIBILITIES.—The Assistant Sec9 retary shall assist the Secretary in discharging the 

10 responsibilities assigned by the Secretary. 

11 ‘‘(b) DISCHARGE OF INFRASTRUCTURE PROTEC12 TION.—The Secretary shall ensure that the responsibilities 

13 of the Department regarding infrastructure protection are 

14 carried out through the Assistant Secretary for Infrastruc15 ture Protection. 

16 ‘‘(c) RESPONSIBILITIES OF ASSISTANT SEC17 RETARY.—Subject to the direction and control of the Sec18 retary, the responsibilities of the Assistant Secretary for 

19 Infrastructure Protection shall be as follows: 

20 ‘‘(1) To carry out comprehensive assessments of 

21 the vulnerabilities of the key resources and critical 

22 infrastructure of the United States, including the 

23 performance of risk assessments to determine the 

24 risks posed by particular types of terrorist attacks 

25 within the United States (including an assessment of 

26 the probability of success of such attacks and the 


sroberts on PROD1PC70 with BILLS
13 

•HR 5004 IH 

1 feasibility and potential efficacy of various counter2 measures to such attacks). 

3 ‘‘(2) To participate in the integration of rel4 evant information, analyses, and vulnerability assess5 ments (whether such information, analyses, or as6 sessments are provided or produced by the Depart7 ment or others) in order to identify priorities for 

8 protective and support measures by the Department, 

9 other agencies of the Federal Government, State and 

10 local government agencies and authorities, the pri11 vate sector, and other entities. 

12 ‘‘(3) To develop a comprehensive national plan 

13 for securing the key resources and critical infra14 structure of the United States, including power pro15 duction, generation, and distribution systems, infor16 mation technology and telecommunications systems 

17 (including satellites), electronic financial and prop18 erty record storage and transmission systems, emer19 gency preparedness communications systems, and 

20 the physical and technological assets that support 

21 such systems. 

22 ‘‘(4) To recommend measures necessary to pro23 tect the key resources and critical infrastructure of 

24 the United States in coordination with other agen25 cies of the Federal Government and in cooperation 


sroberts on PROD1PC70 with BILLS
14 

•HR 5004 IH 

1 with State and local government agencies and au2 thorities, the private sector, and other entities. 

3 ‘‘(5) To coordinate with the Under Secretary 

4 for Intelligence and Analysis and elements of the in5 telligence community and with Federal, State, and 

6 local law enforcement agencies, and the private sec7 tor, as appropriate. 

8 ‘‘(6) To perform such other duties relating to 

9 such responsibilities as the Secretary may provide. 

10 ‘‘(d) STAFF.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall provide 

12 the Office with a staff having appropriate expertise 

13 and experience to assist the Assistant Secretary in 

14 discharging responsibilities under this section. 

15 ‘‘(2) PRIVATE SECTOR STAFF.—Staff under 

16 this subsection may include staff from the private 

17 sector. 

18 ‘‘(3) SECURITY CLEARANCES.—Staff under this 

19 subsection shall possess security clearances appro20 priate for their work under this section. 

21 ‘‘(e) DETAIL OF PERSONNEL.— 

22 ‘‘(1) IN GENERAL.—In order to assist the Of23 fice in discharging responsibilities under this section, 

24 personnel of other Federal agencies may be detailed 


sroberts on PROD1PC70 with BILLS
15 

•HR 5004 IH 

1 to the Department for the performance of analytic 

2 functions and related duties. 

3 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec4 retary and the head of the agency concerned may 

5 enter into cooperative agreements for the purpose of 

6 detailing personnel under this subsection. 

7 ‘‘(3) BASIS.—The detail of personnel under this 

8 subsection may be on a reimbursable or non-reim9 bursable basis.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of such Act is amended by adding at the 

12 end of the items relating to such subtitle the following: 

‘‘Sec. 204. Office of Infrastructure Protection.’’. 

Æ 


sroberts on PROD1PC70 with BILLS