109TH CONGRESS

1ST SESSION H. R. 1817

AN ACT

To authorize appropriations for fiscal year 2006 for the

Department of Homeland Security, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Department of Home3 land Security Authorization Act for Fiscal Year 2006’’.

4 SEC. 2. TABLE OF CONTENTS.

5 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. Customs and border protection; 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. Immigration resources.

Sec. 109. Authorization of appropriations for training of State and local personnel performing immigration functions.

TITLE II—TERRORISM PREVENTION, INFORMATION SHARING,

AND RISK ASSESSMENT

Subtitle A—Terrorism Prevention

Sec. 201. 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. Coordination of homeland security threat analysis provided to nonFederal officials.

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. Homeland Security Information Requirements.

Sec. 223. Homeland Security Advisory System.

Sec. 224. Use of open-source information.

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

Sec. 226. Coordination with the intelligence community.
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Sec. 227. Consistency with applicable Federal laws.

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.

Sec. 310. Commercial Flights to and from Ronald Reagan Washington National Airport.

Sec. 310A. Federal Flight Deck Officers.

Subtitle B—Department of Homeland Security Cybersecurity Enhancement

Sec. 311. Short title.

Sec. 312. Assistant Secretary for Cybersecurity.

Sec. 313. Cybersecurity training programs and equipment.

Sec. 314. Cybersecurity research and development.

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—U.S. CUSTOMS AND BORDER PROTECTION AND U.S.

IMMIGRATION AND CUSTOMS ENFORCEMENT

Sec. 401. Establishment and implementation of cost accounting system; reports.

Sec. 402. Report relating to One Face at the Border Initiative.

Sec. 403. Customs services.

Sec. 404. Sense of Congress on interpretation of textile and apparel provisions.

Sec. 405. Improving Sentri, Fast, and Nexus pre-enrollment programs.

TITLE V—MISCELLANEOUS

Sec. 501. Border security and enforcement coordination and operations.

Sec. 502. GAO report to Congress.

Sec. 503. Plan to reduce wait times.

Sec. 504. Denial of transportation security card.
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Sec. 505. Transfer of existing Customs Patrol Officers unit and establishment

of new CPO units in the Bureau of Immigration and Customs

Enforcement.

Sec. 506. Data collection on use of immigration consultants.

Sec. 507. Office for State and local government coordination.

Sec. 508. Study of modification of area of jurisdiction of Office of National

Capital Region Coordination.

Sec. 509. Authority of other Federal agencies unaffected.

Sec. 510. Centers of excellence.

Sec. 511. Report to Congress on uniform and identification security.

Sec. 512. Border surveillance.

Sec. 513. Advanced technology norther border security pilot program.

Sec. 514. GAO study of proposals to increase temporary protected status registration fee.

Sec. 515. GAO study of consequences of expanding use of premium service for

immigration benefit applications and petitions.

Sec. 516. Buy American requirement for procurements of goods containing

components.

Sec. 517. Disaster assistance for funeral expenses.

Sec. 518. Extension of authorization of appropriations for Office of Counternarcotics Enforcement at Department of Homeland Security.

Sec. 519. Prohibition against increase in security service fees.

Sec. 520. Federal affirmation of assistance in immigration law enforcement by

States and political subdivisions.

Sec. 521. Training of State and local law enforcement personnel in enforcement

of immigration laws.

1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY.

4 There is authorized to be appropriated to the Sec5 retary of Homeland Security for the necessary expenses

6 of the Department of Homeland Security for fiscal year

7 2006, $34,152,143,000.

8 SEC. 102. CUSTOMS AND BORDER PROTECTION; BORDER

9 PATROL AGENTS.

10 Of the amount authorized under section 101, there

11 is authorized to be appropriated for U.S. Customs and

12 Border Protection for fiscal year 2006, $6,926,424,722,

13 of which $1,839,075,277 is authorized for border security
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1 and control between ports of entry, including for the hiring

2 of 2,000 full-time active-duty border patrol agents above

3 the number of such positions for which funds were allotted

4 for fiscal year 2005 (excluding any supplemental appro5 priations).

6 SEC. 103. DEPARTMENTAL MANAGEMENT AND OPER7 ATIONS.

8 Of the amount authorized under section 101, there

9 is authorized to be appropriated for fiscal year 2006 for

10 departmental management and operations, $649,672,000,

11 of which—

12 (1) $44,895,000 is authorized for the Depart13 ment of Homeland Security Regions Initiative;

14 (2) $4,459,000 is authorized for Operation In15 tegration Staff; and

16 (3) $56,278,000 is authorized for Office of Se17 curity initiatives.

18 SEC. 104. CRITICAL INFRASTRUCTURE GRANTS.

19 Of the amount authorized under section 101, there

20 is authorized to be appropriated for fiscal year 2006 for

21 grants and other assistance to improve critical infrastruc22 ture protection, $465,000,000.

23 SEC. 105. RESEARCH AND DEVELOPMENT.

24 Of the amount authorized under section 101, there

25 are authorized to be appropriated for fiscal year 2006—
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1 (1) $76,573,000 to support chemical counter2 measure development activities of the Directorate of

3 Science and Technology;

4 (2) $195,014,000 to support a nuclear detec5 tion office and related activities;

6 (3) $19,000,000 for cybersecurity-related re7 search and development activities;

8 (4) $10,000,000 for research and development

9 of technologies capable of countering threats posed

10 by man-portable air defense systems, including loca11 tion-based technologies and noncommercial aircraft12 based technologies; and

13 (5) $10,600,000 for the activities of such direc14 torate conducted pursuant to subtitle G of title VIII

15 of the Homeland Security Act of 2002 (6 U.S.C.

16 441 et seq.).

17 SEC. 106. BORDER AND TRANSPORTATION SECURITY.

18 Of the amount authorized under section 101, there

19 are authorized to be appropriated for fiscal year 2006—

20 (1) $826,913,000 for expenses related to

21 Screening Coordination and Operations of the Direc22 torate of Border and Transportation Security;

23 (2) $100,000,000 for weapons of mass destruc24 tion detection technology of such directorate; and
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1 (3) $133,800,000 for the Container Security

2 Initiative of such directorate.

3 SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS.

4 Of the amount authorized under section 101, there

5 are authorized to be appropriated for fiscal year 2006—

6 (1) $40,500,000 for the activities of the Office

7 for Interoperability and Compatibility within the Di8 rectorate of Science and Technology pursuant to sec9 tion 7303 of the Intelligence Reform and Terrorism

10 Prevention Act of 2004 (6 U.S.C 194); and

11 (2) $2,000,000,000 for grants to State and

12 local governments for terrorism preparedness award13 ed by the Office of State and Local Government Co14 ordination and Preparedness.

15 SEC. 108. IMMIGRATION RESOURCES.

16 Of the amount authorized under section 101, there

17 is authorized to be appropriated for fiscal year 2006 the

18 following:

19 (1) For the Immigration and Customs Enforce20 ment Legal Program, $159,514,000, including for

21 the hiring of an additional 300 attorneys above the

22 number of such positions for which funds were allot23 ted for fiscal year 2005, and related training and

24 support costs.
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1 (2) Sufficient sums for the hiring of an addi2 tional 300 adjudicators above the number of such

3 positions for which funds were allotted for fiscal

4 year 2005 to carry out the functions stated in sec5 tion 451(b) of the Homeland Security Act of 2002

6 (6 U.S.C. 271(b)), and related training and support

7 costs. The fees provided for in section 286(m) of the

8 Immigration and Nationality Act (8 U.S.C.

9 1356(m)) shall be adjusted in order to provide suffi10 cient sums for the hiring of the additional adjudica11 tors and for the related training and support costs

12 provided for in this paragraph.

13 SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR

14 TRAINING OF STATE AND LOCAL PERSONNEL

15 PERFORMING IMMIGRATION FUNCTIONS.

16 (a) IN GENERAL.—To carry out subsection (b), from

17 amounts authorized under section 101, there are author18 ized to be appropriated $40,000,000 for fiscal year 2006,

19 to remain available until September 30, 2007.

20 (b) USE OF FUNDS.—From amounts made available

21 under subsection (a), the Secretary of Homeland Security

22 may reimburse a State or political subdivision for the ex23 penses described in subsection (d).
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1 (c) ELIGIBLE RECIPIENTS.—A State, or a political

2 subdivision of a State, is eligible for reimbursement under

3 subsection (b) if the State or political subdivision—

4 (1) has entered into a written agreement de5 scribed in section 287(g) of the Immigration and

6 Nationality Act (8 U.S.C. 1357(g)) under which cer7 tain officers or employees of the State or subdivision

8 may be authorized to perform certain functions of

9 an immigration officer; and

10 (2) desires such officers or employees to receive

11 training from the Department of Homeland Security

12 in relation to such functions.

13 (d) EXPENSES.—The expenses described in this sub14 section are actual and necessary expenses incurred by the

15 State or political subdivision in order to permit the train16 ing described in subsection (c)(2) to take place, including

17 expenses such as the following:

18 (1) Costs of travel and transportation to loca19 tions where training is provided, including mileage

20 and related allowances for the use of a privately

21 owned automobile.

22 (2) Subsistence consisting of lodging, meals,

23 and other necessary expenses for the personal suste24 nance and comfort of a person required to travel
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1 away from the person’s regular post of duty in order

2 to participate in the training.

3 (3) A per diem allowance paid instead of actual

4 expenses for subsistence and fees or tips to porters

5 and stewards.

6 (4) Costs of securing temporary replacements

7 for personnel traveling to, and participating in, the

8 training.

9 TITLE II—TERRORISM PREVEN10 TION, INFORMATION SHAR11 ING, AND RISK ASSESSMENT

12 Subtitle A—Terrorism Prevention

13 SEC. 201. CONSOLIDATED BACKGROUND CHECK PROCESS.

14 (a) REQUIREMENT.—The Secretary of Homeland Se15 curity, in consultation with the Attorney General, shall es16 tablish a single process for conducting the security screen17 ing and background checks on individuals participating in

18 any of the programs identified under subsection (b).

19 (b) INCLUDED PROGRAMS.—The process established

20 under subsection (a) shall apply to the following programs:

21 (1) The Transportation Worker Identification

22 Credential.

23 (2) The security risk determination and related

24 background checks under section 5103a of title 49,

25 United States Code, performed by the Transpor-
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1 tation Security Administration as part of the De2 partment of Transportation Hazardous Materials

3 Endorsement credentialing program.

4 (3) The Free and Secure Trade program.

5 (4) The NEXUS and SENTRI border crossing

6 programs.

7 (5) The Registered Traveler program of the

8 Transportation Security Administration.

9 (c) FEATURES OF PROCESS.—The process estab10 lished under subsection (a) shall include the following:

11 (1) A single submission of security screening in12 formation, including personal data and biometric in13 formation as appropriate, necessary to meet the se14 curity requirements of all applicable departmental

15 programs.

16 (2) An ability to submit such security screening

17 information at any location or through any process

18 approved by the Secretary with respect to any of the

19 applicable departmental programs.

20 (3) Acceptance by the Department of a security

21 clearance or other credential issued by a Federal

22 agency, to the extent that the security clearance

23 process of the agency satisfies requirements that are

24 at least as stringent as those of the applicable de25 partmental programs under subsection (b).
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1 (4) Appropriate standards and procedures for

2 protecting individual privacy, confidentiality, record

3 retention, and addressing other concerns relating to

4 information security.

5 (d) DEADLINES.—The Secretary of Homeland Secu6 rity shall—

7 (1) submit a description of the process devel8 oped under subsection (a) to the appropriate con9 gressional committees (as defined in section 2 of the

10 Homeland Security Act of 2002 (6 U.S.C. 101)) by

11 not later than 6 months after the date of the enact12 ment of this Act; and

13 (2) begin implementing such process by not

14 later than 12 months after the date of the enact15 ment of this Act.

16 (e) INCLUSION OF OTHER PROGRAMS.—The Sec17 retary of Homeland Security shall review other existing

18 or developing Department of Homeland Security programs

19 that include security screening or background checks for

20 participating individuals, and report to the appropriate

21 congressional committees (as defined in section 2 of the

22 Homeland Security Act of 2002 (6 U.S.C. 101)) any rec23 ommendations for inclusion of such additional programs

24 in the consolidated screening process established under

25 this section.
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1 (f) RELATIONSHIP TO OTHER LAWS.—(1) Nothing in

2 this section affects any statutory or regulatory require3 ment relating to the operation or standards of the pro4 grams described in subsection (b).

5 (2) Nothing in this section affects any statutory re6 quirement relating to title III of the Intelligence Reform

7 and Terrorism Prevention Act of 2004 (50 U.S.C. 435b

8 et seq.).

9 Subtitle B—Homeland Security In10 formation Sharing and Analysis

11 Enhancement

12 SEC. 211. SHORT TITLE.

13 This subtitle may be cited as the ‘‘Homeland Security

14 Information Sharing and Analysis Enhancement Act of

15 2005’’.

16 SEC. 212. PROVISION OF TERRORISM-RELATED INFORMA17 TION TO PRIVATE SECTOR OFFICIALS.

18 Section 201(d) of the Homeland Security Act of 2002

19 (6 U.S.C. 121(d)) is amended by adding at the end the

20 following:

21 ‘‘(20) To require, in consultation with the As22 sistant Secretary for Infrastructure Protection, the

23 creation and routine dissemination of analytic re24 ports and products designed to provide timely and

25 accurate information that has specific relevance to
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1 each of the Nation’s private critical infrastructure

2 sectors (as identified in the national infrastructure

3 protection plan issued under paragraph (5)), to pri4 vate sector officials in each such sector who are re5 sponsible for protecting institutions within that sec6 tor from potential acts of terrorism and for miti7 gating the potential consequences of any such act.’’.

8 SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BI9 OLOGICAL AGENTS AND NUCLEAR WEAPONS.

10 Section 201(d) of the Homeland Security Act of 2002

11 (6 U.S.C. 121(d)) is further amended by adding at the

12 end the following:

13 ‘‘(21) To ensure sufficient analytic expertise

14 within the Office of Information Analysis to create,

15 on an ongoing basis, products based on the analysis

16 of homeland security information, as defined in sec17 tion 892(f)(1), with specific reference to the threat

18 of terrorism involving the use of nuclear weapons

19 and biological agents to inflict mass casualties or

20 other catastrophic consequences on the population or

21 territory of the United States.’’.
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1 SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECU2 RITY INFORMATION.

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

4 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.)

5 is amended by adding at the end the following:

6 ‘‘SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECU7 RITY INFORMATION.

8 ‘‘The Secretary shall establish within the Department

9 a process and assign an individual or entity the responsi10 bility to ensure that, as appropriate, elements of the De11 partment conduct alternative analysis (commonly referred

12 to as ‘red-team analysis’) of homeland security informa13 tion, as that term is defined in section 892(f)(1), that re14 lates to potential acts of terrorism involving the use of

15 nuclear weapons or biological agents to inflict mass cas16 ualties or other catastrophic consequences on the popu17 lation or territory of the United States.’’.

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

19 in section 1(b) of such Act is amended by inserting after

20 the item relating to section 202 the following:

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

21 SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND

22 INFRASTRUCTURE PROTECTION FUNCTIONS.

23 Section 201(b) of the Homeland Security Act of 2002

24 (6 U.S.C. 121(b)) is amended by adding at the end the

25 following:
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1 ‘‘(4) ASSIGNMENT OF SPECIFIC FUNCTIONS.—

2 The Under Secretary for Information Analysis and

3 Infrastructure Protection—

4 ‘‘(A) shall assign to the Assistant Sec5 retary for Information Analysis the responsi6 bility for performing the functions described in

7 paragraphs (1), (4), (7) through (14), (16), and

8 (18) of subsection (d);

9 ‘‘(B) shall assign to the Assistant Sec10 retary for Infrastructure Protection the respon11 sibility for performing the functions described

12 in paragraphs (2), (5), and (6) of subsection

13 (d);

14 ‘‘(C) shall assign to the Assistant Sec15 retary for Cybersecurity the primary authority

16 within the Department over the National Cyber

17 Security Division and the National Communica18 tions System, and, in coordination with other

19 relevant Federal agencies, the cybersecurity-re20 lated aspects of paragraphs (2), (3), (5), (6),

21 (15), and (17) of subsection (d);

22 ‘‘(D) shall ensure that the Assistant Sec23 retary for Information Analysis and the Assist24 ant Secretary for Infrastructure Protection both
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1 perform the functions described in paragraphs

2 (3), (15), and (17) of subsection (d); and

3 ‘‘(E) may assign to each such Assistant

4 Secretary such other duties relating to such re5 sponsibilities as the Under Secretary may pro6 vide.’’.

7 SEC. 216. COORDINATION OF HOMELAND SECURITY

8 THREAT ANALYSIS PROVIDED TO NON-FED9 ERAL OFFICIALS.

10 (a) IN GENERAL.—Title I of the Homeland Security

11 Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding

12 at the end the following:

13 ‘‘SEC. 104. COORDINATION OF HOMELAND SECURITY

14 THREAT ANALYSIS PROVIDED TO NON-FED15 ERAL OFFICIALS.

16 ‘‘(a) PRIMARY AUTHORITY.—Except as provided in

17 subsection (b), the Secretary shall be responsible for co18 ordinating all homeland security threat analysis to be pro19 vided to State and local government and tribal officials

20 and the private sector.

21 ‘‘(b) COORDINATION REQUIRED.—No Federal official

22 may disseminate any homeland security threat analysis to

23 State, local, tribal, or private sector officials without the

24 coordination of the Secretary or the Secretary’s designee

25 except—
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1 ‘‘(1) in exigent circumstances under which it is

2 essential that the homeland security threat analysis

3 be communicated immediately; or

4 ‘‘(2) when such homeland security threat anal5 ysis is issued to State, local, or tribal law enforce6 ment officials for the purpose of assisting them in

7 any aspect of the administration of criminal justice.

8 ‘‘(c) DEFINITION.—(1) As used in this section, the

9 term ‘homeland security threat analysis’ means any infor10 mational product that is the result of evaluating informa11 tion, regardless of its source, in order to—

12 ‘‘(A) identify and assess the nature and scope

13 of terrorist threats to the homeland;

14 ‘‘(B) detect and identify threats of terrorism

15 against the United States; and

16 ‘‘(C) understand such threats in light of actual

17 and potential vulnerabilities of the territory of the

18 United States.

19 ‘‘(2) As defined in paragraph (1), the term ‘homeland

20 security threat analysis’ does not include—

21 ‘‘(A) any information that has not been proc22 essed, evaluated, or analyzed;

23 ‘‘(B) any information that is evaluated to create

24 any finished analytic product;

25 ‘‘(C) facts or summaries of facts;
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1 ‘‘(D) reports of interviews; or

2 ‘‘(E) reports or other documents that merely

3 aggregate or summarize information derived from

4 multiple sources on the same or related topics.’’.

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

6 in section 1(b) of such Act is amended by inserting after

7 the item relating to section 103 the following:

‘‘Sec. 104. Coordination of homeland security threat analysis provided to nonFederal officials.’’.

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

9 PROGRAM.

10 (a) ESTABLISHMENT OF PROGRAM.—Subtitle A of

11 title II of the Homeland Security Act of 2002 (6 U.S.C.

12 121 et seq.) is further amended by adding at the end the

13 following:

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

15 PROGRAM.

16 ‘‘(a) ESTABLISHMENT.—

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish a fellowship program in accordance with this

19 section for the purpose of bringing State, local, trib20 al, and private sector officials to participate in the

21 work of the Homeland Security Operations Center in

22 order to become familiar with—

23 ‘‘(A) the mission and capabilities of that

24 Center; and
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1 ‘‘(B) the role, programs, products, and

2 personnel of the Office of Information Analysis,

3 the Office of Infrastructure Protection, and

4 other elements of the Department responsible

5 for the integration, analysis, and dissemination

6 of homeland security information, as defined in

7 section 892(f)(1).

8 ‘‘(2) PROGRAM NAME.—The program under

9 this section shall be known as the 9/11 Memorial

10 Homeland Security Fellows Program.

11 ‘‘(b) ELIGIBILITY.—In order to be eligible for selec12 tion as a fellow under the program, an individual must—

13 ‘‘(1) have homeland security-related responsibil14 ities; and

15 ‘‘(2) possess an appropriate national security

16 clearance.

17 ‘‘(c) LIMITATIONS.—The Secretary—

18 ‘‘(1) may conduct up to 4 iterations of the pro19 gram each year, each of which shall be 90 days in

20 duration; and

21 ‘‘(2) shall ensure that the number of fellows se22 lected for each iteration does not impede the activi23 ties of the Center.

24 ‘‘(d) CONDITION.—As a condition of selecting an in25 dividual as a fellow under the program, the Secretary shall
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1 require that the individual’s employer agree to continue

2 to pay the individual’s salary and benefits during the pe3 riod of the fellowship.

4 ‘‘(e) STIPEND.—During the period of the fellowship

5 of an individual under the program, the Secretary shall,

6 subject to the availability of appropriations, provide to the

7 individual a stipend to cover the individual’s reasonable

8 living expenses during the period of the fellowship.’’.

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

10 in section 1(b) of such Act is further amended by adding

11 at the end of the items relating to such subtitle the fol12 lowing:

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

13 SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED IN14 FORMATION.

15 Section 201(d) of the Homeland Security Act of 2002

16 (6 U.S.C. 121(d)) is further amended by adding at the

17 end the following:

18 ‘‘(22) To ensure that—

19 ‘‘(A) the Assistant Secretary for Informa20 tion Analysis receives promptly and without re21 quest all information obtained by any compo22 nent of the Department if that information re23 lates, directly or indirectly, to a threat of ter24 rorism involving the potential use of nuclear

25 weapons;
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1 ‘‘(B) such information is—

2 ‘‘(i) integrated and analyzed com3 prehensively; and

4 ‘‘(ii) disseminated in a timely manner,

5 including to appropriately cleared Federal,

6 State, local, tribal, and private sector offi7 cials; and

8 ‘‘(C) such information is used to determine

9 what requests the Department should submit

10 for collection of additional information relating

11 to that threat.’’.

12 SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFOR13 MATION ANALYSIS TO TERRORISM INFORMA14 TION.

15 Section 201(d) of the Homeland Security Act of 2002

16 (6 U.S.C. 121(d)) is further amended by adding at the

17 end the following:

18 ‘‘(23) To ensure that the Assistant Secretary

19 for Information Analysis—

20 ‘‘(A) is routinely and without request given

21 prompt access to all terrorism-related informa22 tion collected by or otherwise in the possession

23 of any component of the Department, including

24 all homeland security information (as that term

25 is defined in section 892(f)(1)); and
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1 ‘‘(B) to the extent technologically feasible

2 has direct access to all databases of any compo3 nent of the Department that may contain such

4 information.’’.

5 SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY

6 INFORMATION NETWORK.

7 Section 201(d) of the Homeland Security Act of 2002

8 (6 U.S.C. 121(d)) is further amended by adding at the

9 end the following:

10 ‘‘(24) To administer the homeland security in11 formation network, including—

12 ‘‘(A) exercising primary responsibility for

13 establishing a secure nationwide real-time

14 homeland security information sharing network

15 for Federal, State, and local government agen16 cies and authorities, tribal officials, the private

17 sector, and other governmental and private en18 tities involved in receiving, analyzing, and dis19 tributing information related to threats to

20 homeland security;

21 ‘‘(B) ensuring that the information sharing

22 systems, developed in connection with the net23 work established under subparagraph (A), are

24 utilized and are compatible with, to the greatest

25 extent practicable, Federal, State, and local
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1 government, tribal, and private sector

2 antiterrorism systems and protocols that have

3 been or are being developed; and

4 ‘‘(C) ensuring, to the greatest extent pos5 sible, that the homeland security information

6 network and information systems are integrated

7 and interoperable with existing private sector

8 technologies.’’.

9 SEC. 221. IAIP PERSONNEL RECRUITMENT.

10 (a) IN GENERAL.—Chapter 97 of title 5, United

11 States Code, is amended by adding after section 9701 the

12 following:

13 ‘‘§ 9702. Recruitment bonuses

14 ‘‘(a) IN GENERAL.—Notwithstanding any provision

15 of chapter 57, the Secretary of Homeland Security, acting

16 through the Under Secretary for Information Analysis and

17 Infrastructure Protection, may pay a bonus to an indi18 vidual in order to recruit such individual for a position

19 that is primarily responsible for discharging the analytic

20 responsibilities specified in section 201(d) of the Home21 land Security Act of 2002 (6 U.S.C. 121(d)) and that—

22 ‘‘(1) is within the Directorate for Information

23 Analysis and Infrastructure Protection; and

24 ‘‘(2) would be difficult to fill in the absence of

25 such a bonus.
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1 In determining which individuals are to receive bonuses

2 under this section, appropriate consideration shall be given

3 to the Directorate’s critical need for linguists.

4 ‘‘(b) BONUS AMOUNT, FORM, ETC.—

5 ‘‘(1) IN GENERAL.—The amount of a bonus

6 under this section shall be determined under regula7 tions issued by the Secretary of Homeland Security,

8 with the concurrence of the Director of National In9 telligence, but may not exceed 50 percent of the an10 nual rate of basic pay of the position involved. The

11 Director of National Intelligence shall concur in

12 such regulations only if the amount of the bonus is

13 not disproportionate to recruitment bonuses offered

14 to intelligence analysts in other intelligence commu15 nity agencies.

16 ‘‘(2) FORM OF PAYMENT.—A bonus under this

17 section shall be paid in the form of a lump-sum pay18 ment and shall not be considered to be part of basic

19 pay.

20 ‘‘(3) COMPUTATION RULE.—For purposes of

21 paragraph (1), the annual rate of basic pay of a po22 sition does not include any comparability payment

23 under section 5304 or any similar authority.

24 ‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus

25 under this section shall be contingent upon the employee
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1 entering into a written service agreement with the Depart2 ment of Homeland Security. The agreement shall

3 include—

4 ‘‘(1) the period of service the individual shall be

5 required to complete in return for the bonus; and

6 ‘‘(2) the conditions under which the agreement

7 may be terminated before the agreed-upon service

8 period has been completed, and the effect of any

9 such termination.

10 ‘‘(d) ELIGIBILITY.—A bonus under this section may

11 not be paid to recruit an individual for—

12 ‘‘(1) a position to which an individual is ap13 pointed by the President, by and with the advice and

14 consent of the Senate;

15 ‘‘(2) a position in the Senior Executive Service

16 as a noncareer appointee (as defined under section

17 3132(a)); or

18 ‘‘(3) a position which has been excepted from

19 the competitive service by reason of its confidential,

20 policy-determining, policy-making, or policy-advo21 cating character.

22 ‘‘(e) TERMINATION.—The authority to pay bonuses

23 under this section shall terminate on September 30, 2008.
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1 ‘‘§ 9703. Reemployed annuitants

2 ‘‘(a) IN GENERAL.—If an annuitant receiving an an3 nuity from the Civil Service Retirement and Disability

4 Fund becomes employed in a position within the Direc5 torate for Information Analysis and Infrastructure Protec6 tion of the Department of Homeland Security, the annu7 itant’s annuity shall continue. An annuitant so reemployed

8 shall not be considered an employee for the purposes of

9 chapter 83 or 84.

10 ‘‘(b) TERMINATION.—The exclusion pursuant to this

11 section of the Directorate for Information Analysis and

12 Infrastructure Protection from the reemployed annuitant

13 provisions of chapters 83 and 84 shall terminate 3 years

14 after the date of the enactment of this section, unless ex15 tended by the Secretary of Homeland Security. Any such

16 extension shall be for a period of 1 year and shall be re17 newable.

18 ‘‘(c) ANNUITANT DEFINED.—For purposes of this

19 section, the term ‘annuitant’ has the meaning given such

20 term under section 8331 or 8401, whichever is appro21 priate.

22 ‘‘§ 9704. Regulations

23 ‘‘The Secretary of Homeland Security, in consulta24 tion with the Director of the Office of Personnel Manage25 ment, may prescribe any regulations necessary to carry

26 out section 9702 or 9703.’’.
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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 97 of title 5, United States Code, is amended by add3 ing after the item relating to section 9701 the following:

‘‘9702. Recruitment bonuses.

‘‘9703. Reemployed annuitants.

‘‘9704. Regulations.’’.

4 SEC. 222. HOMELAND SECURITY INFORMATION REQUIRE5 MENTS.

6 (a) HOMELAND SECURITY INFORMATION REQUIRE7 MENTS.—The Joint Intelligence Community Council shall

8 advise the Director of National Intelligence with respect

9 to homeland security intelligence requirements.

10 (b) DESIGNATION OF MEMBERS.—The President

11 may designate officers of the United States Government

12 in addition to the members named in or designated under

13 section 101A(b) of the National Security Act to serve on

14 the Joint Intelligence Community Council in a capacity

15 limited to consideration of homeland security intelligence

16 requirements.

17 (c) PARTICIPATION IN NATIONAL INTELLIGENCE

18 COLLECTION REQUIREMENTS AND MANAGEMENT PROC19 ESSES.—The Secretary shall be a member of any Director

20 of National Intelligence-established interagency collection

21 and requirements management board that develops and

22 reviews national intelligence collection requirements in re23 sponse to Presidential intelligence guidelines.
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1 SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM.

2 (a) IN GENERAL.—Subtitle A of title II of the Home3 land Security Act of 2002 is further amended—

4 (1) in section 201(d)(7) (6 U.S.C. 121(d)(7))

5 by inserting ‘‘under section 205’’ after ‘‘System’’;

6 and

7 (2) by adding at the end the following:

8 ‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.

9 ‘‘(a) REQUIREMENT.—The Under Secretary for In10 formation Analysis and Infrastructure Protection shall im11 plement a Homeland Security Advisory System in accord12 ance with this section to provide public advisories and

13 alerts regarding threats to homeland security, including

14 national, regional, local, and economic sector advisories

15 and alerts, as appropriate.

16 ‘‘(b) REQUIRED ELEMENTS.—The Under Secretary,

17 under the System—

18 ‘‘(1) shall include, in each advisory and alert re19 garding a threat, information on appropriate protec20 tive measures and countermeasures that may be

21 taken in response to the threat;

22 ‘‘(2) shall, whenever possible, limit the scope of

23 each advisory and alert to a specific region, locality,

24 or economic sector believed to be at risk; and

25 ‘‘(3) shall not, in issuing any advisory or alert,

26 use color designations as the exclusive means of
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1 specifying the homeland security threat conditions

2 that are the subject of the advisory or alert.

3 ‘‘(c) CONSULTATION.—In carrying out this section,

4 the Under Secretary shall consult with the Homeland Se5 curity Center of Excellence for Behavioral and Social Re6 search on Terrorism and Counter-Terrorism and with

7 such other academic research centers with expertise in risk

8 communications as the Under Secretary considers appro9 priate.’’.

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

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

12 at the end of the items relating to subtitle A of title II

13 the following:

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

14 SEC. 224. USE OF OPEN-SOURCE INFORMATION.

15 Section 201(d) of the Homeland Security Act of 2002

16 (6 U.S.C. 121(d)) is further amended by adding at the

17 end the following:

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

19 ‘‘(A) the Assistant Secretary for Informa20 tion Analysis utilizes open-source information

21 and produces reports and analytic products

22 based on such information that do not require

23 a national security classification under applica24 ble law; and
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1 ‘‘(B) such unclassified open-source reports

2 are produced, to the extent consistent with the

3 protection of intelligence sources and methods

4 from unauthorized disclosure, contempora5 neously with reports or analytic products con6 cerning the same or similar information that

7 the Assistant Secretary for Information Anal8 ysis produces in a classified format.’’.

9 SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE IN10 FORMATION.

11 (a) REQUIREMENT.—Subtitle A of title II of the

12 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.)

13 is further amended by adding at the end the following:

14 ‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE IN15 FORMATION.

16 ‘‘The Under Secretary shall ensure that, in meeting

17 their analytic responsibilities under section 201(d) and in

18 formulating requirements for collection of additional infor19 mation, the Assistant Secretary for Information Analysis

20 and the Assistant Secretary for Infrastructure Protection

21 make full and efficient use of open-source information

22 wherever possible.’’.

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

24 in section 1(b) of such Act is further amended by inserting

25 after the item relating to section 205 the following:

‘‘Sec. 206. Full and efficient use of open-source information.’’.
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1 SEC. 226. COORDINATION WITH THE INTELLIGENCE COM2 MUNITY.

3 Section 201 of the Homeland Security Act of 2002

4 (6 U.S.C. 121) is amended by adding at the end the fol5 lowing:

6 ‘‘(h) COORDINATION WITH THE INTELLIGENCE COM7 MUNITY.—The Under Secretary shall ensure that, as to

8 the responsibilities specified in subsection (d), the Assist9 ant Secretary for Information Analysis serves as the offi10 cial responsible for coordinating, as appropriate, with ele11 ments of the intelligence community.’’.

12 SEC. 227. CONSISTENCY WITH APPLICABLE FEDERAL LAWS.

13 Unless otherwise expressly stated in this subtitle, the

14 Secretary of Homeland Security shall ensure that all ac15 tivities carried out under this subtitle are consistent with

16 any applicable Federal laws relating to information policy

17 of Federal agencies.

18 TITLE III—DOMESTIC PRE19 PAREDNESS AND PROTEC20 TION

21 Subtitle A—Preparedness and

22 Protection

23 SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.

24 (a) IN GENERAL.—Section 430(c) of the Homeland

25 Security Act of 2002 (6 U.S.C. 238) is amended by strik26 ing ‘‘and’’ after the semicolon at the end of paragraph
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1 (8), by striking the period at the end of paragraph (9)

2 and inserting ‘‘; and’’, and by adding at the end the fol3 lowing:

4 ‘‘(10) designing, developing, performing, and

5 evaluating exercises at the national, State, terri6 torial, regional, local, and tribal levels of government

7 that incorporate government officials, emergency re8 sponse providers, public safety agencies, the private

9 sector, international governments and organizations,

10 and other appropriate entities to test the Nation’s

11 capability to prevent, prepare for, respond to, and

12 recover from threatened or actual acts of ter13 rorism.’’.

14 (b) NATIONAL TERRORISM EXERCISE PROGRAM.—

15 (1) ESTABLISHMENT OF PROGRAM.—Title VIII

16 of the Homeland Security Act of 2002 (Public Law

17 107–296) is amended by adding at the end the fol18 lowing new subtitle:

19 ‘‘Subtitle J—Terrorism

20 Preparedness Exercises

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

22 ‘‘(a) IN GENERAL.—The Secretary, through the Of23 fice for Domestic Preparedness, shall establish a National

24 Terrorism Exercise Program for the purpose of testing

25 and evaluating the Nation’s capabilities to prevent, pre-
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1 pare for, respond to, and recover from threatened or ac2 tual acts of terrorism that—

3 ‘‘(1) enhances coordination for terrorism pre4 paredness between all levels of government, emer5 gency response providers, international governments

6 and organizations, and the private sector;

7 ‘‘(2) is—

8 ‘‘(A) multidisciplinary in nature, including,

9 as appropriate, information analysis and

10 cybersecurity components;

11 ‘‘(B) as realistic as practicable and based

12 on current risk assessments, including credible

13 threats, vulnerabilities, and consequences;

14 ‘‘(C) carried out with the minimum degree

15 of notice to involved parties regarding the tim16 ing and details of such exercises, consistent

17 with safety considerations;

18 ‘‘(D) evaluated against performance meas19 ures and followed by corrective action to solve

20 identified deficiencies; and

21 ‘‘(E) assessed to learn best practices,

22 which shall be shared with appropriate Federal,

23 State, territorial, regional, local, and tribal per24 sonnel, authorities, and training institutions for

25 emergency response providers; and
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1 ‘‘(3) assists State, territorial, local, and tribal

2 governments with the design, implementation, and

3 evaluation of exercises that—

4 ‘‘(A) conform to the requirements of para5 graph (2); and

6 ‘‘(B) are consistent with any applicable

7 State homeland security strategy or plan.

8 ‘‘(b) NATIONAL LEVEL EXERCISES.—The Secretary,

9 through the National Terrorism Exercise Program, shall

10 perform on a periodic basis national terrorism prepared11 ness exercises for the purposes of—

12 ‘‘(1) involving top officials from Federal, State,

13 territorial, local, tribal, and international govern14 ments, as the Secretary considers appropriate;

15 ‘‘(2) testing and evaluating, in coordination

16 with the Attorney General, the Nation’s capability to

17 detect, disrupt, and prevent threatened or actual

18 catastrophic acts of terrorism, especially those in19 volving weapons of mass destruction; and

20 ‘‘(3) testing and evaluating the Nation’s readi21 ness to respond to and recover from catastrophic

22 acts of terrorism, especially those involving weapons

23 of mass destruction.

24 ‘‘(c) CONSULTATION WITH FIRST RESPONDERS.—In

25 implementing the responsibilities described in subsections
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1 (a) and (b), the Secretary shall consult with a geographic

2 (including urban and rural) and substantive cross section

3 of governmental and nongovernmental first responder dis4 ciplines, including as appropriate—

5 ‘‘(1) Federal, State, and local first responder

6 training institutions;

7 ‘‘(2) representatives of emergency response pro8 viders; and

9 ‘‘(3) State and local officials with an expertise

10 in terrorism preparedness.’’.

11 (2) CLERICAL AMENDMENT.—The table of con12 tents in section 1(b) of such Act is amended by add13 ing at the end of the items relating to title VIII the

14 following:

‘‘Subtitle J—Terrorism Preparedness Exercises

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

15 (c) TOPOFF PREVENTION EXERCISE.—No later

16 than one year after the date of enactment of this Act, the

17 Secretary of Homeland Security shall design and carry out

18 a national terrorism prevention exercise for the purposes

19 of—

20 (1) involving top officials from Federal, State,

21 territorial, local, tribal, and international govern22 ments as the Secretary considers appropriate; and
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1 (2) testing and evaluating, in coordination with

2 the Attorney General, the Nation’s capability to de3 tect, disrupt, and prevent threatened or actual cata4 strophic acts of terrorism, especially those involving

5 weapons of mass destruction.

6 SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER.

7 (a) ESTABLISHMENT OF TECHNOLOGY CLEARING8 HOUSE.—Not later than 90 days after the date of enact9 ment of this Act, the Secretary shall complete the estab10 lishment of the Technology Clearinghouse under section

11 313 of the Homeland Security Act of 2002.

12 (b) TRANSFER PROGRAM.—Section 313 of the Home13 land Security Act of 2002 (6 U.S.C. 193) is amended—

14 (1) by adding at the end of subsection (b) the

15 following new paragraph:

16 ‘‘(6) The establishment of a homeland security

17 technology transfer program to facilitate the identi18 fication, modification, and commercialization of tech19 nology and equipment for use by Federal, State, and

20 local governmental agencies, emergency response

21 providers, and the private sector to prevent, prepare

22 for, or respond to acts of terrorism.’’;

23 (2) by redesignating subsection (c) as sub24 section (e); and
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1 (3) by inserting after subsection (b) the fol2 lowing new subsections:

3 ‘‘(c) ELEMENTS OF THE TECHNOLOGY TRANSFER

4 PROGRAM.—The activities of the program described in

5 subsection (b)(6) shall include—

6 ‘‘(1) identifying available technologies that have

7 been, or are in the process of being, developed, test8 ed, evaluated, or demonstrated by the Department,

9 other Federal agencies, the private sector, or foreign

10 governments and international organizations, and re11 viewing whether such technologies may be useful in

12 assisting Federal, State, and local governmental

13 agencies, emergency response providers, or the pri14 vate sector to prevent, prepare for, or respond to

15 acts of terrorism; and

16 ‘‘(2) communicating to Federal, State, and local

17 governmental agencies, emergency response pro18 viders, or the private sector the availability of such

19 technologies for antiterrorism use, as well as the

20 technology’s specifications, satisfaction of appro21 priate standards, and the appropriate grants avail22 able from the Department to purchase such tech23 nologies;

24 ‘‘(d) RESPONSIBILTIES OF UNDER SECRETARY FOR

25 SCIENCE AND TECHNOLOGY.—In support of the activities
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1 described in subsection (c), the Under Secretary for

2 Science and Technology shall—

3 ‘‘(1) conduct or support, based on the Depart4 ment’s current risk assessments of terrorist threats,

5 research, development, demonstrations, tests, and

6 evaluations, as appropriate, of technologies identified

7 under subparagraph (c)(1), including of any nec8 essary modifications to such technologies for

9 antiterrorism use;

10 ‘‘(2) ensure that the technology transfer activi11 ties throughout the Directorate of Science and Tech12 nology are coordinated, including the technology

13 transfer aspects of projects and grants awarded to

14 the private sector and academia;

15 ‘‘(3) consult with the other Under Secretaries

16 of the Department and the Director of the Office for

17 Domestic Preparedness, on an ongoing basis;

18 ‘‘(4) consult with Federal, State, and local

19 emergency response providers;

20 ‘‘(5) consult with government agencies and

21 standards development organizations as appropriate;

22 ‘‘(6) enter into agreements and coordinate with

23 other Federal agencies, foreign governments, and

24 national and international organizations as the Sec25 retary determines appropriate, in order to maximize
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1 the effectiveness of such technologies or to facilitate

2 commercialization of such technologies;

3 ‘‘(7) consult with existing technology transfer

4 programs and Federal and State training centers

5 that research, develop, test, evaluate, and transfer

6 military and other technologies for use by emergency

7 response providers; and

8 ‘‘(8) establish a working group in coordination

9 with the Secretary of Defense to advise and assist

10 the technology clearinghouse in the identification of

11 military technologies that are in the process of being

12 developed, or are developed, by the Department of

13 Defense or the private sector, which may include—

14 ‘‘(A) representatives from the Department

15 of Defense or retired military officers;

16 ‘‘(B) nongovernmental organizations or

17 private companies that are engaged in the re18 search, development, testing, or evaluation of

19 related technologies or that have demonstrated

20 prior experience and success in searching for

21 and identifying technologies for Federal agen22 cies;

23 ‘‘(C) Federal, State, and local emergency

24 response providers; and
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1 ‘‘(D) to the extent the Secretary considers

2 appropriate, other organizations, other inter3 ested Federal, State, and local agencies, and

4 other interested persons.’’.

5 (c) REPORT.—Not later than 1 year after the date

6 of enactment of this Act, the Under Secretary for Science

7 and Technology shall transmit to the appropriate congres8 sional committees a description of the progress the De9 partment has made in implementing the provisions of sec10 tion 313 of the Homeland Security Act of 2002, as amend11 ed by this Act, including a description of the process used

12 to review unsolicited proposals received as described in

13 subsection (b)(3) of such section.

14 (d) SAVINGS CLAUSE.—Nothing in this section (in15 cluding the amendments made by this section) shall be

16 construed to alter or diminish the effect of the limitation

17 on the authority of the Secretary of Homeland Security

18 under section 302(4) of the Homeland Security Act of

19 2002 (6 U.S.C. 182(4)) with respect to human health-re20 lated research and development activities.

21 SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS.

22 (a) STUDY.—The Secretary of Homeland Security

23 shall conduct a study of all Department of Homeland Se24 curity procurements, including ongoing procurements and

25 anticipated procurements, to—
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1 (1) identify those that involve any product,

2 equipment, service (including support services), de3 vice, or technology (including information tech4 nology) that is being designed, developed, modified,

5 or procured for the specific purpose of preventing,

6 detecting, identifying, or deterring acts of terrorism

7 or limiting the harm such acts might otherwise

8 cause; and

9 (2) assess whether such product, equipment,

10 service (including support services), device, or tech11 nology is an appropriate candidate for the litigation

12 and risk management protections of subtitle G of

13 title VIII of the Homeland Security Act of 2002.

14 (b) SUMMARY AND CLASSIFICATION REPORT.—Not

15 later than 180 days after the date of enactment of this

16 Act, the Secretary shall transmit to the Congress a

17 report—

18 (1) describing each product, equipment, service

19 (including support services), device, and technology

20 identified under subsection (a) that the Secretary

21 believes would be an appropriate candidate for the

22 litigation and risk management protections of sub23 title G of title VIII of the Homeland Security Act

24 of 2002;
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1 (2) listing each such product, equipment, serv2 ice (including support services), device, and tech3 nology in order of priority for deployment in accord4 ance with current terrorism risk assessment infor5 mation; and

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

7 taken, to encourage or require persons or entities

8 that sell or otherwise provide such products, equip9 ment, services (including support services), devices,

10 and technologies to apply for the litigation and risk

11 management protections of subtitle G of title VIII of

12 the Homeland Security Act of 2002, and to ensure

13 prioritization of the Department’s review of such

14 products, equipment, services, devices, and tech15 nologies under such Act in accordance with the

16 prioritization set forth in paragraph (2) of this sub17 section.

18 SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECU19 RITY.

20 The Secretary of Homeland Security shall establish

21 a university-based Center of Excellence for Border Secu22 rity following the merit-review processes and procedures

23 and other limitations that have been established for select24 ing and supporting University Programs Centers of Excel25 lence. The Center shall prioritize its activities on the basis
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1 of risk to address the most significant threats,

2 vulnerabilities, and consequences posed by the Nation’s

3 borders and border control systems. The activities should

4 include the conduct of research, the examination of exist5 ing and emerging border security technology and systems,

6 and the provision of education, technical, and analytical

7 assistance for the Department of Homeland Security to

8 effectively secure the Nation’s borders.

9 SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER

10 SECURITY INITIATIVE (CSI).

11 (a) DESIGNATION OF NEW FOREIGN SEAPORTS.—

12 The Secretary of Homeland Security may designate a for13 eign seaport as a participating seaport in the Container

14 Security Initiative program on or after the date of the en15 actment of this Act if the Secretary—

16 (1) determines, based on a foreign port assess17 ment carried out under section 70108(a) of title 46,

18 United States Code, or such other risk assessment

19 that the Secretary may perform, and a cost-benefit

20 analysis, that the benefits of designating such sea21 port as a participating seaport outweigh the cost of

22 expanding the program to such seaport; and

23 (2) enters into an agreement with the foreign

24 government of such seaport, in consultation with the
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1 Department of State and other appropriate Federal

2 agencies to—

3 (A) establish security criteria to identify

4 the potential compromise by terrorists or ter5 rorist weapons of maritime cargo containers

6 bound for the United States based on advance

7 information; and

8 (B) screen or inspect such maritime cargo

9 containers for potential compromise by terror10 ists or terrorist weapons prior to shipment to

11 the United States.

12 (b) DEPLOYMENT OF INSPECTION EQUIPMENT TO

13 NEW CSI PARTICIPATING SEAPORTS.—

14 (1) DEPLOYMENT.—The Secretary may—

15 (A) loan or otherwise provide nonintrusive

16 inspection equipment for maritime cargo con17 tainers, on a nonreimbursable basis, at a sea18 port designated under subsection(a); and

19 (B) provide training for personnel at a sea20 port designated under subsection (a) to operate

21 the nonintrusive inspection equipment.

22 (2) ADDITIONAL REQUIREMENTS.—

23 (A) CAPABILITY REQUIREMENTS AND OP24 ERATING PROCEDURES.—The Secretary shall

25 establish technical capability requirements and
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1 standard operating procedures for nonintrusive

2 inspection equipment described in paragraph

3 (1), consistent with any standards established

4 by the Secretary under section 70116 of title 46

5 United States Code.

6 (B) AGREEMENT REQUIRED.—The Sec7 retary shall require each CSI port to agree to

8 operate such equipment in accordance with re9 quirements and procedures established under

10 subparagraph (A) as a condition for receiving

11 the equipment and training under paragraph

12 (1).

13 (c) DEPLOYMENT OF PERSONNEL TO NEW CSI

14 PORTS; REEVALUATION OF PERSONNEL AT ALL CSI

15 PORTS.—

16 (1) DEPLOYMENT.—The Secretary shall deploy

17 United States Customs and Border Protection per18 sonnel to each seaport designated under subsection

19 (a) with respect to which the Secretary determines

20 that the deployment is necessary to successfully im21 plement the requirements of CSI at the port.

22 (2) REEVALUATION.—The Secretary shall peri23 odically review relevant risk assessment information

24 with respect to each seaport at which personnel are

25 deployed under paragraph (1) to assess whether or
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1 not continued deployment of such personnel, in

2 whole or in part, is necessary to success fully imple3 ment the requirements of CSI at the port.

4 (d) INSPECTION AND SCREENING AT UNITED

5 STATES PORTS OF ENTRY.—Cargo containers arriving at

6 a United States port of entry from a CSI port shall under7 go the same level of inspection and screening for potential

8 compromise by terrorists or terrorist weapons as cargo

9 containers arriving at a United States port of entry from

10 a foreign seaport that is not participating in CSI unless

11 the containers were initially inspected at the CSI port at

12 the request of personnel deployed under subsection (c) and

13 such personnel verify and electronically record that the in14 spection indicates that the containers have not been com15 promised by terrorists or terrorist weapons.

16 SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.

17 (a) STANDARDS AND REGULATIONS.—

18 (1) STANDARDS.—Not later than 180 days

19 after the date of the enactment of this Act, the Sec20 retary of Homeland Security shall establish stand21 ards and procedures for securing maritime cargo

22 containers relating to obligation to seal, recording of

23 seal changes, modal changes, seal placement, ocean

24 carrier seal verification, and addressing seal anoma25 lies. These standards shall include the standards for
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1 seals and locks as required under paragraph (3) of

2 subsection (b) of section 70116 of title 46, United

3 States Code.

4 (2) REGULATIONS.—No later than 90 days

5 after completion of the requirements in subsection

6 (a), the Secretary of Homeland Security shall issue

7 regulations for the security of maritime cargo con8 tainers consistent with the standards developed in

9 subsection (a).

10 (b) INTERNATIONAL AGREEMENTS.—The Secretary,

11 in consultation with the Department of State, Department

12 of Commerce, Department of Treasury, Office of the

13 United States Trade Representative, and other appro14 priate Federal agencies, shall seek to enter into agree15 ments with foreign countries and international organiza16 tions to establish standards for the security of maritime

17 cargo containers moving within the intermodal transpor18 tation system that, to the maximum extent practicable,

19 meet the requirements of subsection (a).

20 (c) CONTAINER TARGETING STRATEGY.—The Sec21 retary shall develop a strategy to improve the ability of

22 the Department of Homeland Security to use advance

23 cargo information to identify anomalies in such informa24 tion to determine whether such cargo poses a security risk.

25 The strategy shall include a method of contacting shippers
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1 to verify or explain any anomalies discovered in such infor2 mation.

3 (d) CONTAINER SECURITY DEMONSTRATION PRO4 GRAM.—

5 (1) PROGRAM.—The Secretary is authorized to

6 establish and carry out a demonstration program

7 that integrates radiation detection equipment with

8 other types of nonintrusive inspection equipment at

9 an appropriate United States seaport, as determined

10 by the Secretary.

11 (2) REQUIREMENT.—The demonstration pro12 gram shall also evaluate ways to strengthen the ca13 pability of Department of Homeland Security per14 sonnel to analyze cargo inspection data and ways to

15 improve the transmission of inspection data between

16 appropriate entities within the Department of

17 Homeland Security.

18 (e) COORDINATION AND CONSOLIDATION OF CON19 TAINER SECURITY PROGRAMS.—The Secretary shall co20 ordinate all programs that enhance the security of mari21 time cargo, and, to the extent practicable, consolidate Op22 eration Safe Commerce, the Smart Box Initiative, and

23 similar programs that evaluate security enhancements for

24 maritime cargo containers, to achieve enhanced coordina25 tion and efficiency. The Secretary shall report to the ap-
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1 propriate congressional committees (as that term is de2 fined in section 2 of the Homeland Security Act of 2002

3 (6 U.S.C. 101) before consolidating any program men4 tioned in this subsection.

5 SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT

6 RONALD REAGAN WASHINGTON NATIONAL

7 AIRPORT.

8 Not later than 60 days after the date of enactment

9 of this Act, the Secretary of Homeland Security shall im10 plement section 823(a) of the Vision 100—Century of

11 Aviation Reauthorization Act (49 U.S.C. 41718 note; 117

12 Stat. 2595).

13 SEC. 308. INTEROPERABLE COMMUNICATIONS ASSIST14 ANCE.

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

16 (1) The 9/11 Commission determined that the

17 inability of first responders to communicate effec18 tively on September 11, 2001 was a critical obstacle

19 to an effective multi-jurisdictional response.

20 (2) Many jurisdictions across the country still

21 experience difficulties communicating that may con22 tribute to confusion, delays, or added risks when re23 sponding to an emergency.

24 (3) During fiscal year 2004, the Office for Do25 mestic Preparedness awarded over $834,000,000 for
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1 2,912 projects through Department of Homeland

2 Security grant programs for the purposes of improv3 ing communications interoperability.

4 (4) Interoperable communications systems are

5 most effective when designed to comprehensively ad6 dress, on a regional basis, the communications of all

7 types of public safety agencies, first responder dis8 ciplines, and State and local government facilities.

9 (5) Achieving communications interoperability

10 is complex due to the extensive training, system

11 modifications, and agreements among the different

12 jurisdictions that are necessary to implement effec13 tive communications systems.

14 (6) The Congress authorized the Department of

15 Homeland Security to create an Office for Interoper16 ability and Compatibility in the Intelligence Reform

17 and Terrorism Prevention Act of 2004 to, among

18 other things, establish a comprehensive national ap19 proach, coordinate federal activities, accelerate the

20 adoption of standards, and encourage research and

21 development to achieve interoperable communica22 tions for first responders.

23 (7) The Office for Interoperability and Compat24 ibility includes the SAFECOM Program that serves

25 as the umbrella program within the Federal govern-
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1 ment to improve public safety communications inter2 operability, and has developed the RAPIDCOM pro3 gram, the Statewide Communications Interoper4 ability Planning Methodology, and a Statement of

5 Requirements to provide technical, planning, and

6 purchasing assistance for Federal departments and

7 agencies, State and local governments, and first re8 sponders.

9 (b) SENSE OF CONGRESS.—It is the sense of the

10 Congress that the Department of Homeland Security

11 should implement as expeditiously as possible the initia12 tives assigned to the Office for Interoperability and Com13 patibility under section 7303 of the Intelligence Reform

14 and Terrorism Prevention Act of 2004 (6 U.S.C. 194),

15 including specifically the following:

16 (1) Establishing a comprehensive national ap17 proach to achieving public safety interoperable com18 munications.

19 (2) Issuing letters of intent to commit future

20 funds for jurisdictions through existing homeland se21 curity grant programs to applicants as appropriate

22 to encourage long-term investments that may signifi23 cantly improve communications interoperability.

24 (3) Providing technical assistance to additional

25 urban and other high-risk areas to support the es-
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1 tablishment of consistent, secure, and effective inter2 operable communications capabilities.

3 (4) Completing the report to the Congress on

4 the Department’s plans for accelerating the develop5 ment of national voluntary consensus standards for

6 public safety interoperable communications, a sched7 ule of milestones for such development, and achieve8 ments of such development, by no later than 30 days

9 after the date of enactment of this Act.

10 SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF

11 RECOMMENDATIONS REGARDING PROTEC12 TION OF AGRICULTURE.

13 The Secretary of Homeland Security shall report to

14 the appropriate congressional committees (as defined in

15 section 2 of the Homeland Security Act of 2002 (6 U.S.C.

16 101)) by no later than 120 days after the date of the en17 actment of this Act regarding how the Department of

18 Homeland Security will implement the applicable rec19 ommendations from the Government Accountability Office

20 report entitled ‘‘Homeland Security: Much is Being Done

21 to Protect Agriculture from a Terrorist Attack, but Impor22 tant Challenges Remain’’ (GAO–05–214).
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1 SEC. 310. COMMERCIAL FLIGHTS TO AND FROM RONALD

2 REAGAN WASHINGTON NATIONAL AIRPORT.

3 (a) PASSENGER SEATING REQUIREMENTS.—Pas4 sengers on commercial flights arriving at and departing

5 from Ronald Reagan Washington National Airport shall

6 remain seated for 15 minutes after takeoff from and be7 fore touchdown at that airport.

8 (b) VIOLATIONS.—If a passenger violates the require9 ments of subsection (a), the captain of the aircraft shall

10 determine if the passenger’s actions present a security

11 threat to other passengers or the aircraft. Only if the cap12 tain determines that the passenger’s actions present such

13 a threat shall a flight be diverted to a destination other

14 than Ronald Reagan Washington National Airport.

15 (c) REGULATIONS.—Notwithstanding subsection (a),

16 the Secretary of Homeland Security may issue regulations

17 to decrease the time limit set forth in subsection (a).

18 SEC. 310A. FEDERAL FLIGHT DECK OFFICERS.

19 (a) TRAINING AND REQUALIFICATION TRAINING.—

20 Section 44921(c) of title 49, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(3) LOCATION OF TRAINING.—

23 ‘‘(A) STUDY.—The Secretary shall conduct

24 a study of the feasibility of conducting Federal

25 flight deck officer initial training at facilities lo26 cated throughout the United States, including
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1 an analysis of any associated programmatic im2 pacts to the Federal flight deck officer pro3 gram.

4 ‘‘(B) REPORT.—Not later than 180 days

5 after the date of enactment of this paragraph,

6 the Secretary shall transmit to Congress a re7 port on the results of the study.

8 ‘‘(4) DATES OF TRAINING.—The Secretary shall

9 ensure that a pilot who is eligible to receive Federal

10 flight deck officer training is offered, to the max11 imum extent practicable, a choice of training dates

12 and is provided at least 30 days advance notice of

13 the dates.

14 ‘‘(5) TRAVEL TO TRAINING FACILITIES.—The

15 Secretary shall establish a program to improve travel

16 access to Federal flight deck officer training facili17 ties through the use of charter flights or improved

18 scheduled air carrier service.

19 ‘‘(6) REQUALIFICATION AND RECURRENT

20 TRAINING.—

21 ‘‘(A) STANDARDS.—The Secretary shall es22 tablish qualification standards for facilities

23 where Federal flight deck officers can receive

24 requalification and recurrent training.
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1 ‘‘(B) LOCATIONS.—The Secretary shall

2 provide for requalification and recurrent train3 ing at geographically diverse facilities, including

4 Federal, State, and local law enforcement and

5 government facilities, and private training fa6 cilities that meet the qualification standards es7 tablished under subparagraph (A).

8 ‘‘(7) COSTS OF TRAINING.—

9 ‘‘(A) IN GENERAL.—The Secretary shall

10 provide Federal flight deck officer training, re11 qualification training, and recurrent training to

12 eligible pilots at no cost to the pilots or the air

13 carriers that employ the pilots.

14 ‘‘(B) TRANSPORTATION AND EXPENSES.—

15 The Secretary may provide travel expenses to a

16 pilot receiving Federal flight deck officer train17 ing, requalification training, or recurrent train18 ing.

19 ‘‘(8) COMMUNICATIONS.—Not later than 180

20 days after the date of enactment of this paragraph,

21 the Secretary shall establish a secure means for per22 sonnel of the Transportation Security Administra23 tion to communicate with Federal flight deck offi24 cers, and for Federal flight deck officers to commu25 nicate with each other, in support of the mission of
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1 such officers. Such means of communication may in2 clude a secure Internet website.

3 ‘‘(9) ISSUANCE OF BADGES.—Not later than

4 180 days after the date of enactment of this para5 graph, the Secretary shall issue badges to Federal

6 flight deck officers.’’.

7 (b) REVOCATION OF DEPUTIZATION OF PILOT AS

8 FEDERAL FLIGHT DECK OFFICER.—Section 44921(d)(4)

9 of title 49, United States Code, is amended to read as

10 follows:

11 ‘‘(4) REVOCATION.—

12 ‘‘(A) ORDERS.—The Assistant Secretary of

13 Homeland Security (Transportation Security

14 Administration) may issue, for good cause, an

15 order revoking the deputization of a Federal

16 flight deck officer under this section. The order

17 shall include the specific reasons for the revoca18 tion.

19 ‘‘(B) HEARINGS.—An individual who is ad20 versely affected by an order of the Assistant

21 Secretary under subparagraph (A) is entitled to

22 a hearing on the record. When conducting a

23 hearing under this section, the administrative

24 law judge shall not be bound by findings of fact
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1 or interpretations of laws and regulations of the

2 Assistant Secretary.

3 ‘‘(C) APPEALS.—An appeal from a deci4 sion of an administrative law judge as a result

5 of a hearing under subparagraph (B) shall be

6 made to the Secretary or the Secretary’s des7 ignee.

8 ‘‘(D) JUDICIAL REVIEW OF A FINAL

9 ORDER.—The determination and order of the

10 Secretary revoking the deputization of a Fed11 eral flight deck officer under this section shall

12 be final and conclusive unless the individual

13 against whom such an order is issued files an

14 application for judicial review under subchapter

15 II of chapter 5 of title 5 (popularly known as

16 the Administrative Procedure Act) within 60

17 days of entry of such order in the appropriate

18 United States court of appeals.’’.

19 (c) FEDERAL FLIGHT DECK OFFICER FIREARM CAR20 RIAGE PILOT PROGRAM.—Section 44921(f) of title 49,

21 United States Code, is amended by adding at the end the

22 following:

23 ‘‘(4) PILOT PROGRAM.—

24 ‘‘(A) IN GENERAL.—Not later than 90

25 days after the date of enactment of this para-
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1 graph, the Secretary shall implement a pilot

2 program to allow pilots participating in the

3 Federal flight deck officer program to transport

4 their firearms on their persons. The Secretary

5 may prescribe any training, equipment, or pro6 cedures that the Secretary determines necessary

7 to ensure safety and maximize weapon reten8 tion.

9 ‘‘(B) REVIEW.—Not later than 1 year

10 after the date of initiation of the pilot program,

11 the Secretary shall conduct a review of the safe12 ty record of the pilot program and transmit a

13 report on the results of the review to Congress.

14 ‘‘(C) OPTION.—If the Secretary as part of

15 the review under subparagraph (B) determines

16 that the safety level obtained under the pilot

17 program is comparable to the safety level deter18 mined under existing methods of pilots carrying

19 firearms on aircraft, the Secretary shall allow

20 all pilots participating in the Federal flight

21 deck officer program the option of carrying

22 their firearm on their person subject to such re23 quirements as the Secretary determines appro24 priate.’’.
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1 (d) FEDERAL FLIGHT DECK OFFICERS ON INTER2 NATIONAL FLIGHTS.—

3 (1) AGREEMENTS WITH FOREIGN GOVERN4 MENTS.—The President is encouraged to pursue ag5 gressively agreements with foreign governments to

6 allow maximum deployment of Federal flight deck

7 officers on international flights.

8 (2) REPORT.—Not later than 180 days after

9 the date of enactment of this Act, the President (or

10 the President’s designee) shall submit to Congress a

11 report on the status of the President’s efforts to

12 allow maximum deployment of Federal flight deck

13 officers on international flights.

14 (e) REFERENCES TO UNDER SECRETARY.—Section

15 44921 of title 49, United States Code, is amended—

16 (1) in subsection (a) by striking ‘‘Under Sec17 retary of Transportation for Security’’ and inserting

18 ‘‘Secretary of Homeland Security’’;

19 (2) by striking ‘‘Under Secretary’’ each place it

20 appears and inserting ‘‘Secretary’’; and

21 (3) by striking ‘‘Under Secretary’s’’ each place

22 it appears and inserting ‘‘Secretary’s’’.
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1 Subtitle B—Department of Home2 land Security Cybersecurity En3 hancement

4 SEC. 311. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Department of

6 Homeland Security Cybersecurity Enhancement Act of

7 2005’’.

8 SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY.

9 Section 201(b) of the Homeland Security Act of 2002

10 (6 U.S.C. 121(b)) is amended—

11 (1) by redesignating paragraph (3) as para12 graph (4); and

13 (2) by inserting after paragraph (2) the fol14 lowing new paragraph:

15 ‘‘(3) ASSISTANT SECRETARY FOR

16 CYBERSECURITY.—There shall be in the Department

17 an Assistant Secretary for Cybersecurity, who shall

18 be appointed by the President.’’; and

19 (3) in paragraph (4), as redesignated by sub20 paragraph (A) of this paragraph—

21 (A) by striking ‘‘Analysis and the’’ and in22 serting ‘‘Analysis, the’’; and

23 (B) by striking ‘‘Protection shall’’ and in24 serting ‘‘Protection, and the Assistant Sec25 retary for Cybersecurity shall’’.
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1 SEC. 313. CYBERSECURITY TRAINING PROGRAMS AND

2 EQUIPMENT.

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity, acting through the Assistant Secretary for

5 Cybersecurity, may establish, in conjunction with the Na6 tional Science Foundation, a program to award grants to

7 institutions of higher education (and consortia thereof)

8 for—

9 (1) the establishment or expansion of

10 cybersecurity professional development programs;

11 (2) the establishment or expansion of associate

12 degree programs in cybersecurity; and

13 (3) the purchase of equipment to provide train14 ing in cybersecurity for either professional develop15 ment programs or degree programs.

16 (b) ROLES.—

17 (1) DEPARTMENT OF HOMELAND SECURITY.—

18 The Secretary, acting through the Assistant Sec19 retary for Cybersecurity and in consultation with the

20 Director of the National Science Foundation, shall

21 establish the goals for the program established

22 under this section and the criteria for awarding

23 grants under the program.

24 (2) NATIONAL SCIENCE FOUNDATION.—The Di25 rector of the National Science Foundation shall op26 erate the program established under this section
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1 consistent with the goals and criteria established

2 under paragraph (1), including soliciting applicants,

3 reviewing applications, and making and admin4 istering grant awards. The Director may consult

5 with the Assistant Secretary for Cybersecurity in se6 lecting awardees.

7 (3) FUNDING.—The Secretary shall transfer to

8 the National Science Foundation the funds nec9 essary to carry out this section.

10 (c) GRANT AWARDS.—

11 (1) PEER REVIEW.—All grant awards under

12 this section shall be made on a competitive, merit13 reviewed basis.

14 (2) FOCUS.—In making grant awards under

15 this section, the Director shall, to the extent prac16 ticable, ensure geographic diversity and the partici17 pation of women and underrepresented minorities.

18 (3) PREFERENCE.—In making grant awards

19 under this section, the Director shall give preference

20 to applications submitted by consortia of institutions

21 to encourage as many students and professionals as

22 possible to benefit from this program.

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the

24 amount authorized under section 101, there is authorized
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1 to be appropriated to the Secretary for carrying out this

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

3 (e) DEFINITIONS.—In this section, the term ‘‘institu4 tion of higher education’’ has the meaning given that term

5 in section 101(a) of the Higher Education Act of 1965

6 (20 U.S.C. 1001(a)).

7 SEC. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT.

8 Title III of the Homeland Security Act of 2002 (6

9 U.S.C. 181 et. seq.) is amended by adding at the end the

10 following new section:

11 ‘‘SEC. 314. CYBERSECURITY RESEARCH AND DEVELOP12 MENT.

13 ‘‘(a) IN GENERAL.—The Under Secretary for Science

14 and Technology shall support research and development,

15 including fundamental, long-term research, in

16 cybersecurity to improve the ability of the United States

17 to prevent, protect against, detect, respond to, and recover

18 from cyber attacks, with emphasis on research and devel19 opment relevant to large-scale, high-impact attacks.

20 ‘‘(b) ACTIVITIES.—The research and development

21 supported under subsection (a), shall include work to—

22 ‘‘(1) advance the development and accelerate

23 the deployment of more secure versions of funda24 mental Internet protocols and architectures, includ-
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1 ing for the domain name system and routing proto2 cols;

3 ‘‘(2) improve and create technologies for detect4 ing attacks or intrusions, including monitoring tech5 nologies;

6 ‘‘(3) improve and create mitigation and recov7 ery methodologies, including techniques for contain8 ment of attacks and development of resilient net9 works and systems that degrade gracefully; and

10 ‘‘(4) develop and support infrastructure and

11 tools to support cybersecurity research and develop12 ment efforts, including modeling, testbeds, and data

13 sets for assessment of new cybersecurity tech14 nologies.

15 ‘‘(c) COORDINATION.—In carrying out this section,

16 the Under Secretary for Science and Technology shall co17 ordinate activities with—

18 ‘‘(1) the Assistant Secretary for Cybersecurity;

19 and

20 ‘‘(2) other Federal agencies, including the Na21 tional Science Foundation, the Defense Advanced

22 Research Projects Agency, the Information Assur23 ance Directorate of the National Security Agency,

24 and the National Institute of Standards and Tech-
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1 nology, to identify unmet needs and cooperatively

2 support activities, as appropriate.

3 ‘‘(d) NATURE OF RESEARCH.—Activities under this

4 section shall be carried out in accordance with section

5 306(a) of this Act.’’.

6 Subtitle C—Security of Public

7 Transportation Systems

8 SEC. 321. SECURITY BEST PRACTICES.

9 Not later than 120 days after the date of the enact10 ment of this Act, the Secretary of Homeland Security, in

11 coordination with the Secretary of Transportation, shall

12 issue a report containing best practices for the security

13 of public transportation systems related to the threats

14 from terrorism. Such report shall be developed in consulta15 tion with providers of public transportation, industry asso16 ciations, public transportation employee representatives,

17 first responders, and appropriate Federal, State, and local

18 officials. The Secretary of Transportation shall dissemi19 nate the report to providers of public transportation, in20 dustry associations, public transportation employee rep21 resentatives, and appropriate Federal, State, and local of22 ficials, the Committee on Homeland Security and the

23 Committee on Transportation and Infrastructure of the

24 House of Representatives, and any other appropriate enti25 ties.
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1 SEC. 322. PUBLIC AWARENESS.

2 Not later than 90 days after the date of the enact3 ment of this Act, the Secretary of Transportation, after

4 consultation with the Secretary of Homeland Security,

5 shall develop a national plan to increase awareness of

6 measures that the general public, public transportation

7 passengers, and public transportation employees can take

8 to increase public transportation security related to the

9 threat of terrorism. Such plan shall also provide outreach

10 to providers and employees of public transportation sys11 tems on available transportation security technologies, on12 going research and development efforts, employee train13 ing, and available Federal funding sources to improve pub14 lic transportation security. Not later than 9 months after

15 the date of the enactment of this Act, the Secretary of

16 Transportation shall disseminate the plan to providers of

17 public transportation, industry associations, public trans18 portation employee representatives, appropriate Federal,

19 State, and local officials, and other appropriate entities.

20 Subtitle D—Critical Infrastructure

21 Prioritization

22 SEC. 331. CRITICAL INFRASTRUCTURE.

23 (a) COMPLETION OF PRIORITIZATION.—Not later

24 than 90 days after the date of the enactment of this Act,

25 the Secretary of Homeland Security shall complete the
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1 prioritization of the Nation’s critical infrastructure ac2 cording to all of the following criteria:

3 (1) The threat of terrorist attack, based on

4 threat information received and analyzed by the Of5 fice of Information Analysis of the Department re6 garding the intentions and capabilities of terrorist

7 groups and other potential threats to the Nation’s

8 critical infrastructure.

9 (2) The likelihood that an attack would cause

10 the destruction or significant disruption of such in11 frastructure.

12 (3) The likelihood that an attack would result

13 in substantial numbers of deaths and serious bodily

14 injuries, a substantial adverse impact on the na15 tional economy, or a substantial adverse impact on

16 national security.

17 (b) COORDINATION AND COOPERATION.—

18 (1) COORDINATION.—The Secretary shall co19 ordinate the prioritization under this section with

20 other relevant Federal agencies.

21 (2) COOPERATION.—Such prioritization shall be

22 developed in cooperation with other relevant State,

23 local, and tribal governments, and the private sector,

24 as appropriate.
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1 SEC. 332. SECURITY REVIEW.

2 (a) REQUIREMENT.—Not later than 9 months after

3 the date of the enactment of this Act, the Secretary of

4 Homeland Security shall—

5 (1) review existing Federal, State, local, tribal,

6 and private sector plans for securing the critical in7 frastructure included in the prioritization developed

8 under section 331;

9 (2) recommend changes to existing plans for se10 curing such infrastructure, as the Secretary deter11 mines necessary; and

12 (3) coordinate and contribute to protective ef13 forts of other Federal, State, local, and tribal agen14 cies and the private sector, as appropriate.

15 (b) CONTENTS OF PLANS.—The recommendations

16 made under subsection (a)(2) shall include—

17 (1) protective measures to secure such infra18 structure, including milestones and timeframes for

19 implementation; and

20 (2) to the extent practicable, performance

21 metrics to evaluate the benefits to both national se22 curity and the Nation’s economy from the implemen23 tation of such protective measures.

24 (c) COORDINATION.—The Secretary shall coordinate

25 the security review and recommendations required by sub26 section (a) with other relevant Federal agencies.
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1 SEC. 333. IMPLEMENTATION REPORT.

2 (a) IN GENERAL.—Not later than 15 months after

3 the date of the enactment of this Act, the Secretary of

4 Homeland Security shall submit a report to the appro5 priate congressional committees (as defined in section 2

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

7 on the implementation of section 332. Such report shall

8 detail—

9 (1) the Secretary’s review and coordination of

10 security plans under section 332; and

11 (2) the Secretary’s oversight of the execution

12 and effectiveness of such plans.

13 (b) UPDATE.—Not later than 1 year after the sub14 mission of the report under subsection (a), the Secretary

15 shall provide an update of such report to the congressional

16 committees described in subsection (a).

17 SEC. 334. PROTECTION OF INFORMATION.

18 (a) PROTECTION OF INFORMATION.—The informa19 tion set forth in subsection (b) that is generated, compiled,

20 or disseminated by the Department of Homeland Security

21 in carrying out this subtitle—

22 (1) is exempt from disclosure under section 552

23 of title 5, United States Code; and

24 (2) shall not, if provided by the Department to

25 a State or local government or government agency—
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1 (A) be made available pursuant to any

2 State or local law requiring disclosure of infor3 mation or records;

4 (B) otherwise be disclosed or distributed to

5 any person by such State or local government

6 or government agency without the written con7 sent of the Secretary; or

8 (C) be used other than for the purpose of

9 protecting critical infrastructure or protected

10 systems, or in furtherance of an investigation or

11 the prosecution of a criminal act.

12 (b) INFORMATION COVERED.—Information referred

13 to in subsection (a) is the following:

14 (1) The Secretary’s prioritization of critical in15 frastructure pursuant to section 331, including any

16 information upon which such prioritization was

17 based;

18 (2) the Secretary’s review of existing security

19 plans for such infrastructure pursuant to section

20 332(a)(1).

21 (3) The Secretary’s recommendations for

22 changes to existing plans for securing such infra23 structure pursuant to section 332(a)(2).
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1 (4) The nature and scope of protective efforts

2 with respect to such infrastructure under section

3 332(a)(3).

4 (5) The report and update prepared by the Sec5 retary pursuant to section 333, including any infor6 mation upon which such report and update are

7 based.

8 TITLE IV—U.S. CUSTOMS AND

9 BORDER PROTECTION AND

10 U.S. IMMIGRATION AND CUS11 TOMS ENFORCEMENT

12 SEC. 401. ESTABLISHMENT AND IMPLEMENTATION OF

13 COST ACCOUNTING SYSTEM; REPORTS.

14 Section 334 of the Customs and Border Security Act

15 of 2002 (19 U.S.C. 2082 note) is amended to read as fol16 lows:

17 ‘‘SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF

18 COST ACCOUNTING SYSTEM; REPORTS.

19 ‘‘(a) ESTABLISHMENT AND IMPLEMENTATION; CUS20 TOMS AND BORDER PROTECTION.—

21 ‘‘(1) IN GENERAL.—Not later than September

22 30, 2006, the Commissioner of U.S. Customs and

23 Border Protection shall, in accordance with the

24 audit of the Customs Service’s fiscal years 2000 and

25 1999 financial statements (as contained in the re-
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1 port of the Office of Inspector General of the De2 partment of the Treasury issued on February 23,

3 2001), establish and implement a cost accounting

4 system—

5 ‘‘(A) for expenses incurred in both com6 mercial and noncommercial operations of U.S.

7 Customs and Border Protection of the Depart8 ment of Homeland Security, which system

9 should specifically identify and distinguish ex10 penses incurred in commercial operations and

11 expenses incurred in noncommercial operations;

12 and

13 ‘‘(B) for expenses incurred both in admin14 istering and enforcing the customs laws of the

15 United States and the Federal immigration

16 laws, which system should specifically identify

17 and distinguish expenses incurred in admin18 istering and enforcing the customs laws of the

19 United States and the expenses incurred in ad20 ministering and enforcing the Federal immigra21 tion laws.

22 ‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac23 counting system described in paragraph (1) shall

24 provide for an identification of expenses based on

25 the type of operation, the port at which the oper-
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1 ation took place, the amount of time spent on the

2 operation by personnel of U.S. Customs and Border

3 Protection, and an identification of expenses based

4 on any other appropriate classification necessary to

5 provide for an accurate and complete accounting of

6 expenses.

7 ‘‘(b) ESTABLISHMENT AND IMPLEMENTATION; IMMI8 GRATION AND CUSTOMS ENFORCEMENT.—

9 ‘‘(1) IN GENERAL.—Not later than September

10 30, 2006, the Assistant Secretary for U.S. Immigra11 tion and Customs Enforcement shall, in accordance

12 with the audit of the Customs Service’s fiscal years

13 2000 and 1999 financial statements (as contained in

14 the report of the Office of Inspector General of the

15 Department of the Treasury issued on February 23,

16 2001), establish and implement a cost accounting

17 system—

18 ‘‘(A) for expenses incurred in both com19 mercial and noncommercial operations of U.S.

20 Immigration and Customs Enforcement of the

21 Department of Homeland Security, which sys22 tem should specifically identify and distinguish

23 expenses incurred in commercial operations and

24 expenses incurred in noncommercial operations;

25 and
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1 ‘‘(B) for expenses incurred both in admin2 istering and enforcing the customs laws of the

3 United States and the Federal immigration

4 laws, which system should specifically identify

5 and distinguish expenses incurred in admin6 istering and enforcing the customs laws of the

7 United States and the expenses incurred in ad8 ministering and enforcing the Federal immigra9 tion laws.

10 ‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac11 counting system described in paragraph (1) shall

12 provide for an identification of expenses based on

13 the type of operation, the amount of time spent on

14 the operation by personnel of U.S. Immigration and

15 Customs Enforcement, and an identification of ex16 penses based on any other appropriate classification

17 necessary to provide for an accurate and complete

18 accounting of expenses.

19 ‘‘(c) REPORTS.—

20 ‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING

21 SYSTEMS.—Beginning on the date of the enactment

22 of the Department of Homeland Security Authoriza23 tion Act for Fiscal Year 2006 and ending on the

24 date on which the cost accounting systems described

25 in subsections (a) and (b) are fully implemented, the
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1 Commissioner of U.S. Customs and Border Protec2 tion and the Assistant Secretary for U.S. Immigra3 tion and Customs Enforcement, respectively, shall

4 prepare and submit to Congress on a quarterly basis

5 a report on the progress of implementing the cost

6 accounting systems pursuant to subsections (a) and

7 (b).

8 ‘‘(2) ANNUAL REPORTS.—Beginning one year

9 after the date on which the cost accounting systems

10 described in subsections (a) and (b) are fully imple11 mented, the Commissioner of U.S. Customs and

12 Border Protection and the Assistant Secretary for

13 U.S. Immigration and Customs Enforcement, re14 spectively, shall prepare and submit to Congress on

15 an annual basis a report itemizing the expenses

16 identified in subsections (a) and (b).

17 ‘‘(3) OFFICE OF THE INSPECTOR GENERAL.—

18 Not later than March 31, 2007, the Inspector Gen19 eral of the Department of Homeland Security shall

20 prepare and submit to Congress a report analyzing

21 the level of compliance with this section and detail22 ing any additional steps that should be taken to im23 prove compliance with this section.’’.
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1 SEC. 402. REPORT RELATING TO ONE FACE AT THE BOR2 DER INITIATIVE.

3 Not later than September 30 of each of the calendar

4 years 2006 and 2007, the Commissioner of U.S. Customs

5 and Border Protection of the Department of Homeland

6 Security shall prepare and submit to Congress a report—

7 (1) analyzing the effectiveness of the One Face

8 at the Border Initiative at enhancing security and

9 facilitating trade;

10 (2) providing a breakdown of the number of

11 personnel of U.S. Customs and Border Protection

12 that were personnel of the United States Customs

13 Service prior to the establishment of the Department

14 of Homeland Security, that were personnel of the

15 Immigration and Naturalization Service prior to the

16 establishment of the Department of Homeland Secu17 rity, and that were hired after the establishment of

18 the Department of Homeland Security;

19 (3) describing the training time provided to

20 each employee on an annual basis for the various

21 training components of the One Face at the Border

22 Initiative; and

23 (4) outlining the steps taken by U.S. Customs

24 and Border Protection to ensure that expertise is re25 tained with respect to customs, immigration, and ag-
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1 riculture inspection functions under the One Face at

2 the Border Initiative.

3 SEC. 403. CUSTOMS SERVICES.

4 Section 13031(e)(1) of the Consolidated Omnibus

5 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1))

6 is amended—

7 (1) by striking ‘‘(1) Notwithstanding section

8 451 of the Tariff Act of 1930 (19 U.S.C. 1451) or

9 any other provision of law (other than paragraph

10 (2)),’’ and inserting:

11 ‘‘(1) IN GENERAL.—

12 ‘‘(A) SCHEDULED FLIGHTS.—Notwith13 standing section 451 of the Tariff Act of 1930

14 (19 U.S.C. 1451) or any other provision of law

15 (other than subparagraph (B) and paragraph

16 (2)),’’; and

17 (2) by adding at the end the following:

18 ‘‘(B) CHARTER FLIGHTS.—If a charter air

19 carrier (as defined in section 40102(13) of title

20 49, United States Code) specifically requests

21 that customs border patrol services for pas22 sengers and their baggage be provided for a

23 charter flight arriving after normal operating

24 hours at a customs border patrol serviced air25 port and overtime funds for those services are
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1 not available, the appropriate customs border

2 patrol officer may assign sufficient customs em3 ployees (if available) to perform any such serv4 ices, which could lawfully be performed during

5 regular hours of operation, and any overtime

6 fees incurred in connection with such service

7 shall be paid by the charter air carrier.’’.

8 SEC. 404. SENSE OF CONGRESS ON INTERPRETATION OF

9 TEXTILE AND APPAREL PROVISIONS.

10 It is the sense of Congress that U.S. Customs and

11 Border Protection of the Department of Homeland Secu12 rity should interpret, implement, and enforce the provi13 sions of section 112 of the African Growth and Oppor14 tunity Act (19 U.S.C. 3721), section 204 of the Andean

15 Trade Preference Act (19 U.S.C. 3203), and section 213

16 of the Caribbean Basin Economic Recovery Act (19

17 U.S.C. 2703), relating to preferential treatment of textile

18 and apparel articles, broadly in order to expand trade by

19 maximizing opportunities for imports of such articles from

20 eligible beneficiary countries.

21 SEC. 405. IMPROVING SENTRI, FAST, AND NEXUS PRE-EN22 ROLLMENT PROGRAMS.

23 (a) CREATION OF REMOTE ENROLLMENT CEN24 TERS.—
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1 (1) IN GENERAL.—The Secretary shall create a

2 minimum of 4 remote enrollment centers for the

3 programs described in paragraph (2). Such remote

4 enrollment centers shall be established away from

5 the borders of the United States and in population

6 centers where there is a demand for such a service.

7 (2) PROGRAMS.—The programs described in

8 paragraph (1) are the following:

9 (A) The Free and Secure Trade, or

10 ‘‘FAST’’, program authorized under subpart B

11 of title IV of the Tariff Act of 1930 (19 U.S.C

12 1411 et seq.).

13 (B) The Secure Electronic Network for

14 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro15 gram authorized under section 286(q) of the

16 Immigration and Nationality Act (8 U.S.C.

17 1356(q)).

18 (C) The ‘‘NEXUS’’ program authorized

19 under section 286(q) of the Immigration and

20 Nationality Act (8 U.S.C. 1356(q)).

21 (b) CUSTOMER SERVICE PHONE NUMBER.—The Sec22 retary shall create a customer service telephone number

23 for the programs described in subsection (a)(2).

24 (c) MERGING REQUIREMENTS OF NEXUS LAND

25 AND AIR CARDS.—The Secretary of Homeland Security
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1 shall merge the requirements of the land and air cards

2 issued under the ‘‘NEXUS’’ program authorized under

3 section 286(q) of the Immigration and Nationality Act (8

4 U.S.C. 1356(q)) into one uniform card that will work for

5 land and air crossings.

6 TITLE V—MISCELLANEOUS

7 SEC. 501. BORDER SECURITY AND ENFORCEMENT COORDI8 NATION AND OPERATIONS.

9 (a) FINDINGS.—The Congress makes the following

10 findings:

11 (1) As part of the creation of the Department

12 of Homeland Security, section 442 of the Homeland

13 Security Act of 2002 (Public Law 107–273) estab14 lished a Bureau of Border Security and transferred

15 into it all of the functions, programs, personnel, as16 sets, and liabilities pertaining to the following pro17 grams: the Border Patrol; alien detention and re18 moval; immigration-related intelligence, investiga19 tions, and enforcement activities; and immigration

20 inspections at ports of entry.

21 (2) Title IV of the Homeland Security Act of

22 2002 (Public Law 107–273) also transferred to the

23 new Department the United States Customs Service,

24 as a distinct entity within the new Department, to

25 further the Department’s border integrity mission.
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1 (3) Utilizing its reorganization authority pro2 vided in the Homeland Security Act of 2002, the

3 President submitted a reorganization plan for the

4 Department on January 30, 2003.

5 (4) This plan merged the customs and immigra6 tion border inspection and patrol functions, along

7 with agricultural inspections functions, into a new

8 entity called United States Customs and Border

9 Protection.

10 (5) The plan also combined the customs and

11 immigration enforcement agents, as well as the Of12 fice of Detention and Removal Operations, the Of13 fice of Federal Protective Service, the Office of Fed14 eral Air Marshal Service, and the Office of Intel15 ligence, into another new entity called United States

16 Immigration and Customs Enforcement.

17 (6) The President’s January 30, 2003, reorga18 nization plan did not explain the reasons for sepa19 rating immigration inspection and border patrol

20 functions from other immigration-related enforce21 ment functions, or to combine immigration-related

22 enforcement functions with customs and other func23 tions, contrary to the design of the Bureau of Bor24 der Security as prescribed by the Congress in section

25 442 of the Homeland Security Act of 2002.
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1 (7) United States Immigration and Customs

2 Enforcement has faced major budgetary challenges

3 that are, in part, attributable to the inexact division

4 of resources upon the separation of immigration

5 functions. These budget shortfalls have forced

6 United States Immigration and Customs Enforce7 ment to impose hiring freezes and to release aliens

8 that otherwise should be detained.

9 (b) REPORT.—

10 (1) IN GENERAL.—Not later than 30 days after

11 the date of the enactment of this Act, the Secretary

12 of Homeland Security shall review and evaluate the

13 current organizational structure of the Department

14 of Homeland Security established by the President’s

15 January 30, 2003, reorganization plan and submit a

16 report of findings and recommendations to the ap17 propriate congressional committees (as defined in

18 section 2 of the Homeland Security Act of 2002 (6

19 U.S.C. 101)).

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

21 include—

22 (A) a description of the rationale for, and

23 any benefits of, the current organizational divi24 sion of United States Immigration and Customs

25 Enforcement and United States Customs and
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1 Border Protection, with respect to the Depart2 ment’s immigration and customs missions;

3 (B) a description of the organization, mis4 sions, operations, and policies of United States

5 Customs and Border Protection and United

6 States Immigration and Customs Enforcement,

7 and areas of unnecessary overlap or operational

8 gaps among and between these missions;

9 (C) a description of the rationale for, and

10 any benefits of, the current organizational com11 bination of immigration-related enforcement

12 functions with customs and other functions;

13 (D) an analysis of alternative organiza14 tional structures that could provide a more ef15 fective way to deliver maximum efficiencies and

16 mission success;

17 (E) a description of the current role of the

18 Directorate of Border and Transportation Secu19 rity with respect to providing adequate direction

20 and oversight of the two agencies, and whether

21 this management structure is still necessary;

22 (F) an analysis of whether the Federal Air

23 Marshals and the Federal Protective Service are

24 properly located within the Department within
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1 United States Immigration and Customs En2 forcement;

3 (G) the proper placement and functions of

4 a specialized investigative and patrol unit oper5 ating at the southwest border on the Tohono

6 O’odham Nation, known as the Shadow Wolves;

7 (H) the potential costs of reorganization,

8 including financial, programmatic, and other

9 costs, to the Department; and

10 (I) recommendations for correcting the

11 operational and administrative problems that

12 have been caused by the division of United

13 States Custom and Border Protection and

14 United States Immigration and Customs En15 forcement and by the combination of immigra16 tion-related enforcement functions with customs

17 and other functions in both entities, including

18 any appropriate reorganization plans.

19 SEC. 502. GAO REPORT TO CONGRESS.

20 (a) IN GENERAL.— Not later than 6 months after

21 the date of the enactment of this Act, the Comptroller

22 General of the United States shall submit to the appro23 priate congressional committees (as defined in section 2

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

25 a report that sets forth—
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1 (1) an assessment of the effectiveness of the or2 ganizational and management structure of the De3 partment of Homeland Security in meeting the De4 partment’s missions as set forth in section 101(b)(1)

5 of the Homeland Security Act of 2002 (6 U.S.C.

6 111(b)(1)); and

7 (2) recommendations to facilitate and improve

8 the organization and management of the Depart9 ment to best meet those missions.

10 (b) CYBERSECURITY ASSESSMENT.—Not later than

11 one year after the date of the enactment of this Act, the

12 Comptroller General shall submit a report to the appro13 priate congressional committees (as defined in section 2

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

15 that sets forth an assessment of the effectiveness of the

16 efforts of the Assistant Secretary for Cybersecurity to ful17 fill the statutory responsibilities of that office.

18 SEC. 503. PLAN TO REDUCE WAIT TIMES.

19 Not later than 180 days after the date of enactment

20 of this Act, the Secretary of Homeland Security shall de21 velop a plan—

22 (1) to improve the operational efficiency of se23 curity screening checkpoints at commercial service

24 airports so that average peak waiting periods at

25 such checkpoints do not exceed 20 minutes; and
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1 (2) to ensure that there are no significant dis2 parities in immigration and customs passenger proc3 essing times among airports that serve as inter4 national gateways.

5 SEC. 504. DENIAL OF TRANSPORTATION SECURITY CARD.

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

7 amended—

8 (1) in paragraph (3) by inserting before the pe9 riod ‘‘before an administrative law judge’’; and

10 (2) by adding at the end the following:

11 ‘‘(5) In making a determination under paragraph

12 (1)(D) that an individual poses a terrorism security risk,

13 the Secretary shall not solely consider a felony conviction

14 if—

15 ‘‘(A) that felony occurred more than 7 years

16 prior to the date of the Secretary’s determination;

17 and

18 ‘‘(B) the felony was not related to terrorism (as

19 that term is defined in section 2 of the Homeland

20 Security Act of 2002 (6 U.S.C. 101)).’’.
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1 SEC. 505. TRANSFER OF EXISTING CUSTOMS PATROL OFFI2 CERS UNIT AND ESTABLISHMENT OF NEW

3 CPO UNITS IN THE BUREAU OF IMMIGRATION

4 AND CUSTOMS ENFORCEMENT.

5 (a) TRANSFER OF EXISTING UNIT.—Not later than

6 180 days after the date of the enactment of this Act, the

7 Secretary of Homeland Security shall transfer to the Bu8 reau of Immigration and Customs Enforcement all func9 tions (including the personnel, assets, and obligations held

10 by or available in connection with such functions) of the

11 Customs Patrol Officers unit of the Bureau of Customs

12 and Border Protection operating on the Tohono O’odham

13 Indian reservation (commonly known as the ‘Shadow

14 Wolves’ unit).

15 (b) ESTABLISHMENT OF NEW UNITS.—The Sec16 retary is authorized to establish within the Bureau of Im17 migration and Customs Enforcement additional units of

18 Customs Patrol Officers in accordance with this section.

19 (c) DUTIES.—The Customs Patrol Officer unit trans20 ferred pursuant to subsection (a) and the additional units

21 established pursuant to subsection (b) shall be responsible

22 for the prevention of the smuggling of narcotics, weapons

23 of mass destruction, and other contraband, and the illegal

24 trafficking of persons, on Indian lands.

25 (d) BASIC PAY FOR JOURNEYMAN OFFICERS.—A

26 Customs Patrol Officer in a unit described in this section
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1 shall receive equivalent pay as a special agent with similar

2 competencies within the Bureau of Immigration and Cus3 toms Enforcement pursuant to the Department of Home4 land Security’s human resources management system es5 tablished under section 841 of the Homeland Security Act

6 (6 U.S.C. 411).

7 (e) SUPERVISORS.—Each unit described under this

8 section shall be supervised by a Chief Customs Patrol Offi9 cer, who shall have the same rank as a resident agent10 in-charge of the Office of Investigations.

11 SEC. 506. DATA COLLECTION ON USE OF IMMIGRATION

12 CONSULTANTS.

13 The Secretary of Homeland Security shall establish

14 procedures to record information on applications for an

15 immigration benefit submitted by an alien with respect to

16 which—

17 (1) the alien states that the alien used the serv18 ices of an immigration consultant; or

19 (2) a Department employee or official inves20 tigating facts alleged in the application, or adjudi21 cating the application, suspects that the alien used

22 the services of an immigration consultant.

23 SEC. 507. OFFICE FOR STATE AND LOCAL GOVERNMENT

24 COORDINATION.

25 The Homeland Security Act of 2002 is amended—
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1 (1) in section 801—

2 (A) in the section heading, by striking

3 ‘‘STATE AND LOCAL’’ and inserting ‘‘STATE,

4 LOCAL, AND TRIBAL’’;

5 (B) in subsection (a), by striking ‘‘State

6 and Local’’ and inserting ‘‘State, Local, and

7 Tribal’’; and

8 (C) in subsection (b), by striking ‘‘State

9 and local’’ each place it appears and inserting

10 ‘‘State, local, and tribal’’; and

11 (2) in section 1(b) in the table of contents by

12 striking the item relating to section 801 and insert13 ing the following:

‘‘Sec. 801. Office for State, Local, and Tribal Government Coordination.’’.

14 SEC. 508. STUDY OF MODIFICATION OF AREA OF JURISDIC15 TION OF OFFICE OF NATIONAL CAPITAL RE16 GION COORDINATION.

17 (a) STUDY.—The Secretary of Homeland Security,

18 acting through the Director of the Office of National Cap19 ital Region Coordination, shall conduct a study of the fea20 sibility and desirability of modifying the definition of ‘‘Na21 tional Capital Region’’ applicable under section 882 of the

22 Homeland Security Act of 2002 to update the geographic

23 area under the jurisdiction of the Office of National Cap24 ital Region Coordination.
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1 (b) FACTORS.—In conducting the study under sub2 section (a), the Secretary shall analyze whether modifying

3 the geographic area under the jurisdiction of the Office

4 of National Region Coordination will—

5 (1) improve coordination among State and local

6 governments within the Region, including regional

7 governing bodies, and coordination of the efforts of

8 first responders; and

9 (2) enhance the ability of such State and local

10 governments and the Federal Government to prevent

11 and respond to a terrorist attack within the Region.

12 (c) REPORT.—Not later than 6 months after the date

13 of the enactment of this Act, the Secretary shall submit

14 a report to Congress on the study conducted under sub15 section (a), and shall include in the report such rec16 ommendations (including recommendations for legislation

17 to amend section 882 of the Homeland Security Act of

18 2002) as the Secretary considers appropriate.

19 SEC. 509. AUTHORITY OF OTHER FEDERAL AGENCIES UN20 AFFECTED.

21 Except to the extent explicitly provided in section

22 216, nothing in this Act shall affect the authority under

23 statute, regulation, or Executive order of other Federal

24 agencies than the Department of Homeland Security.
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1 SEC. 510. CENTERS OF EXCELLENCE.

2 Section 308(b)(2) of the Homeland Security Act of

3 2002 (6 U.S.C. 188(b)(2)) is amended by adding at the

4 end the following new subparagraph:

5 ‘‘(F) A center under this paragraph may

6 include participation of a Department of En7 ergy laboratory, including in the preparation of

8 a proposal.’’.

9 SEC. 511. REPORT TO CONGRESS ON UNIFORM AND IDENTI10 FICATION SECURITY.

11 (a) DEFINITION.—For the purpose of this section,

12 the term ‘‘forms of Homeland Security identification’’

13 means any uniform, badge, identification card, or other

14 apparel or insignia of the design prescribed by the Depart15 ment of Homeland Security for use by any officer or em16 ployee of such Department.

17 (b) REPORT.—Not later than 6 months after the date

18 of the enactment of this Act, the Secretary of Homeland

19 Security shall prepare and submit to Congress a report—

20 (1) describing the efforts taken by the Depart21 ment of Homeland Security—

22 (A) to curtail the production of imitation

23 forms of Homeland Security identification, in24 cluding efforts to improve the design of the var25 ious forms of Homeland Security identification

26 to prevent unauthorized replication; and
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1 (B) to increase public awareness of the ex2 istence of imitation forms of Homeland Security

3 identification, and educate the public about

4 means by which to identify bona fide forms of

5 Homeland Security identification;

6 (2) assessing the effectiveness of the efforts de7 scribed in paragraph (1); and

8 (3) recommending any legislation or adminis9 trative actions necessary to achieve the objectives de10 scribed in subparagraphs (A) and (B), respectively,

11 of paragraph (1).

12 SEC. 512. BORDER SURVEILLANCE.

13 (a) IN GENERAL.—Not later than 6 months after the

14 date of enactment of this Act, the Secretary of Homeland

15 Security shall submit to the President and the appropriate

16 committees of Congress a comprehensive plan for the sys17 tematic surveillance of the northern border of the United

18 States by remotely piloted aircraft.

19 (b) CONTENTS.—The plan submitted under sub20 section (a) shall include—

21 (1) recommendations for establishing command

22 and control centers, operations sites, infrastructure,

23 maintenance, and procurement;

24 (2) cost estimates for the implementation of the

25 plan and ongoing operations;
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1 (3) recommendations for the appropriate agent

2 within the Department of Homeland Security to be

3 the executive agency for remotely piloted aircraft op4 erations;

5 (4) the number of remotely piloted aircraft re6 quired for the plan;

7 (5) the types of missions the plan would under8 take, including—

9 (A) protecting the lives of people seeking

10 illegal entry into the United States;

11 (B) interdicting illegal movement of people,

12 weapons, and other contraband across the bor13 der;

14 (C) providing investigative support to as15 sist in the dismantling of smuggling and crimi16 nal networks along the border;

17 (D) using remotely piloted aircraft to serve

18 as platforms for the collection of intelligence

19 against smugglers and criminal networks along

20 the border; and

21 (E) further validating and testing of re22 motely piloted aircraft for airspace security mis23 sions;

24 (6) the equipment necessary to carry out the

25 plan; and
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1 (7) a recommendation regarding whether to ex2 pand the pilot program along the entire northern

3 border.

4 (c) IMPLEMENTATION.—The Secretary of Homeland

5 Security shall implement the plan submitted under sub6 section (a) as a pilot program as soon as sufficient funds

7 are appropriated and available for this purpose.

8 SEC. 513. ADVANCED TECHNOLOGY NORTHER BORDER SE9 CURITY PILOT PROGRAM.

10 Section 5101 of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (8 U.S.C. 1712 note) is

12 amended by striking ‘‘The Secretary of Homeland Secu13 rity may carry out’’ and inserting ‘‘To the extent funds

14 are provided in advance in appropriations Acts, the Sec15 retary of Homeland Security shall carry out’’.

16 SEC. 514. GAO STUDY OF PROPOSALS TO INCREASE TEM17 PORARY PROTECTED STATUS REGISTRATION

18 FEE.

19 (a) IN GENERAL.—Not later than 180 days after the

20 date of the enactment of this Act, the Comptroller General

21 shall complete a study of, and report to Congress on, the

22 likely consequences of increasing the fee described in sec23 tion 244(c)(1)(B) of the Immigration and Nationality Act

24 (8 U.S.C. 1254(a)(c)(1)(B)).
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1 (b) ELEMENTS OF STUDY.—The study described in

2 subsection (a) shall—

3 (1) calculate the number of applicants for relief

4 under section 244 of the Immigration and Nation5 ality Act (8 U.S.C. 1254(a)) who have sought a

6 waiver, been granted a waiver, or been denied a

7 waiver from such fees due to their inability to pay

8 such fees, since the enactment of such section;

9 (2) project the cost at which such fee would be

10 set if it were calculated consistent with the manner

11 in which the Department of Homeland Security cal12 culates fees under section 286(m) of the Immigra13 tion and Nationality Act (8 U.S.C. 1356(m));

14 (3) taking into account the countries of nation15 ality of the current population of beneficiaries of sec16 tion 244 and the lack of work authorization that

17 such beneficiaries have while awaiting the outcome

18 of an adjudication, assess the ability of the current

19 population of beneficiaries under section 244 to pay

20 such fee if it were increased to the level projected

21 pursuant to paragraph (2);

22 (4) estimate the number of requests for fee

23 waivers that would likely have to be adjudicated per

24 1,000 applications should such fee be increased to

25 the level projected pursuant to paragraph (2);
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1 (5) estimate the cost and number of man hours

2 that would be required to be expended in order to

3 adjudicate the fee waiver requests described in such

4 paragraph; and

5 (6) estimate the cost differential between the

6 current cost of adjudicating applications and the

7 statutory fee, on a per-application and an aggregate

8 basis.

9 SEC. 515. GAO STUDY OF CONSEQUENCES OF EXPANDING

10 USE OF PREMIUM SERVICE FOR IMMIGRA11 TION BENEFIT APPLICATIONS AND PETI12 TIONS.

13 (a) IN GENERAL.—Not later than 180 days after the

14 date of the enactment of this Act, the Comptroller General

15 shall complete a study of, and report to Congress on, the

16 Department of Homeland Security’s proposal to expand

17 the use of premium fees for employment-based petitions

18 and applications under section 286(u) of the Immigration

19 and Nationality Act (8 U.S.C. 1356(u)) to other applica20 tions and petitions.

21 (b) ELEMENTS OF STUDY.—In performing the study

22 required under subsection (a), the Comptroller General—

23 (1) shall consider and assess—

24 (A) all factors that help quantify and as25 sess the current impact of premium processing
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1 on immigration benefits adjudications of em2 ployment-based applications and petitions; and

3 (B) the degree to which the use of pre4 mium processing for employment-based applica5 tions and petitions has negatively or positively

6 impacted the length of time that it takes to ad7 judicate employment-based applications and pe8 titions that are eligible for treatment under sec9 tion 286(u) of the Immigration and Nationality

10 Act but for which no premium fee is paid; and

11 (2) shall assess—

12 (A) whether expansion of section 286(u) of

13 the Immigration and Nationality Act to family14 based immigration petitions and applications

15 would increase or decrease the length of time it

16 takes to adjudicate family-based petitions and

17 applications in cases where the applicant cannot

18 afford to make use of the premium service;

19 (B) all other likely future impacts of an ex20 pansion of premium processing to family-based

21 immigration benefits applications and petitions;

22 (C) the number of additional adjudicators

23 needed to process premium processing applica24 tions;
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1 (D) the impact of premium processing on

2 the number and assignment of adjudicators;

3 and

4 (E) the number of individual applicants

5 who would opt to use premium processing

6 under this expanded program annually.

7 SEC. 516. BUY AMERICAN REQUIREMENT FOR PROCURE8 MENTS OF GOODS CONTAINING COMPO9 NENTS.

10 (a) REQUIREMENT.—Notwithstanding any agree11 ment described in subsection (b), more than 50 percent

12 of the components in any end product procured by the De13 partment of Homeland Security that contains components

14 shall be mined, produced, or manufactured inside the

15 United States.

16 (b) AGREEMENTS DESCRIBED.—An agreement re17 ferred to in subsection (a) is any of the following:

18 (1) Any reciprocal procurement memorandum

19 of understanding between the United States and a

20 foreign country pursuant to which the Secretary of

21 Homeland Security has prospectively waived the Buy

22 American Act (41 U.S.C. 10a et seq.) for certain

23 products in that country.

24 (2) Any international agreement to which the

25 United States is a party.
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1 SEC. 517. DISASTER ASSISTANCE FOR FUNERAL EXPENSES.

2 Not later than 90 days after the enactment of this

3 Act, the Director of the Federal Emergency Management

4 Agency shall—

5 (1) develop criteria and guidelines for deter6 mining if a death is disaster-related; and

7 (2) require staff to provide for analysis of each

8 request for funeral expense assistance in order to

9 support approval or disapproval of such assistance.

10 SEC. 518. EXTENSION OF AUTHORIZATION OF APPROPRIA11 TIONS FOR OFFICE OF COUNTERNARCOTICS

12 ENFORCEMENT AT DEPARTMENT OF HOME13 LAND SECURITY.

14 Section 7407(c) of the Intelligence Reform and Ter15 rorism Prevention Act of 2004 (Public Law 108–458; 118

16 Stat. 3853) is amended by striking ‘‘2005, there is author17 ized up to $6,000,000’’ and inserting ‘‘2005 or 2006,

18 there is authorized up to $6,000,000 for each such fiscal

19 year’’.

20 SEC. 519. PROHIBITION AGAINST INCREASE IN SECURITY

21 SERVICE FEES.

22 None of the funds authorized under this Act may be

23 derived from an increase in security service fees estab24 lished under section 44940 of title 49, United States Code.
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1 SEC. 520. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMI2 GRATION LAW ENFORCEMENT BY STATES

3 AND POLITICAL SUBDIVISIONS.

4 Notwithstanding any other provision of law and re5 affirming the existing general authority, law enforcement

6 personnel of a State or a political subdivision of a State

7 are fully authorized to apprehend, detain, or remove aliens

8 in the United States (including the transportation of such

9 aliens across State lines to detention centers), for the pur10 poses of assisting in the enforcement of the immigration

11 laws of the United States in the course of carrying out

12 routine duties. This State authority has never been dis13 placed or preempted by the Congress.

14 SEC. 521. TRAINING OF STATE AND LOCAL LAW ENFORCE15 MENT PERSONNEL IN ENFORCEMENT OF IM16 MIGRATION LAWS.

17 (a) TRAINING AND POCKET GUIDE.—

18 (1) ESTABLISHMENT.—Not later than 180 days

19 after the date of enactment of this Act, the Sec20 retary of Homeland Security shall establish—

21 (A) a training manual for law enforcement

22 personnel of a State or political subdivision of

23 a State to train such personnel in the investiga24 tion, identification, apprehension, arrest, deten25 tion, and transfer to Federal custody of aliens

26 in the United States (including the transpor-
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1 tation of such aliens across State lines to deten2 tion centers and identification of fraudulent

3 documents); and

4 (B) an immigration enforcement pocket

5 guide for law enforcement personnel of a State

6 or political subdivision of a State to provide a

7 quick reference for such personnel in the course

8 of duty.

9 (2) AVAILABILITY.—The training manual and

10 pocket guide established in accordance with para11 graph (1) shall be made available to all State and

12 local law enforcement personnel.

13 (3) APPLICABILITY.—Nothing in this sub14 section shall be construed to require State or local

15 law enforcement personnel to carry the training

16 manual or pocket guide established in accordance

17 with paragraph (1) with them while on duty.

18 (4) COSTS.—The Department of Homeland Se19 curity shall be responsible for any costs incurred in

20 establishing the training manual and pocket guide

21 under this subsection.

22 (b) TRAINING FLEXIBILITY.—

23 (1) IN GENERAL.—The Department of Home24 land Security shall make training of State and local

25 law enforcement officers available through as many
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1 means as possible, including residential training at

2 Federal facilities, onsite training held at State or

3 local police agencies or facilities, online training

4 courses by computer, teleconferencing, and video5 tape, or the digital video display (DVD) of a train6 ing course or courses.

7 (2) FEDERAL PERSONNEL TRAINING.—The

8 training of State and local law enforcement per9 sonnel under this section shall not displace or other10 wise adversely affect the training of Federal per11 sonnel.

12 (c) CLARIFICATION.—Nothing in this Act or any

13 other provision of law shall be construed as making any

14 immigration-related training a requirement for, or pre15 requisite to, any State or local law enforcement officer ex16 ercising that officer’s inherent authority to assist in the

17 apprehension, arrest, detention, or transfer to Federal

18 custody illegal aliens during the normal course of carrying

19 out their law enforcement duties.

20 (d) TRAINING LIMITATION.—Section 287(g) of the

21 Immigration and Nationality Act (8 U.S.C. 1357(g)) is

22 amended—

23 (1) by striking ‘Attorney General’ each place

24 that term appears and inserting ‘‘Secretary of

25 Homeland Security’’; and
104

•HR 1817 EH

1 (2) in paragraph (2), by adding at the end the

2 following: ‘‘Such training shall not exceed 14 days or

3 80 hours, whichever is longer.’’.

Passed the House of Representatives May 18, 2005.

Attest:

Clerk.
109TH CONGRESS

1ST SESSION H. R. 1817

AN ACT

To authorize appropriations for fiscal year 2006 for

other purposes.the Department of Homeland Security, and for