IB 

Union Calendar No. 40 

109TH CONGRESS 

1ST SESSION H. R. 1817 

[Report No. 109–71, Parts I, II and III] 

To authorize appropriations for fiscal year 2006 for the Department of 

Homeland Security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005 

Mr. COX introduced the following bill; which was referred to the Committee 

on Homeland Security 

MAY 3, 2005 

Reported with an amendment and referred to the Committees on Energy and 

Commerce, Government Reform, the Judiciary, Science, Transportation 

and Infrastructure, and Ways and Means, for a period ending not later 

than May 13, 2005, for consideration of such provisions of the bill and 

amendment as fall within the jurisdiction of those committees pursuant 

to clause 1, rule X; referred to the Permanent Select Committee on Intelligence for a period ending not later than May 13, 2005, for consideration 

of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 11(b) of rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

Reported from the Committee on Energy and Commerce, with an amendment 

[Strike out all after the enacting clause and the part printed in italic, and insert the part 

printed in boldface roman] 

MAY 13, 2005 

Reported from the Committee on the Judiciary, with an amendment 

[Strike out all after the enacting clause and the part printed in italic, and insert the part 

printed in boldface italic] 

MAY 13, 2005 

The Committees on Government Reform, Science, Transportation and Infrastructure, Ways and Means, and the Permanent Select Committee on Intelligence discharged; committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on April 26, 2005] 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Authorization Act for Fiscal Year 2006’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Department of Homeland Security. 

Sec. 102. Border patrol agents. 

Sec. 103. Departmental management and operations. 

Sec. 104. Critical infrastructure grants. 

Sec. 105. Research and development. 

Sec. 106. Border and transportation security. 

Sec. 107. State and local terrorism preparedness. 

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

TITLE II—TERRORISM PREVENTION, INFORMATION SHARING, AND 

RISK ASSESSMENT 

Subtitle A—Terrorism Prevention 

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

Sec. 202. Consolidated background check process. 

Subtitle B—Homeland Security Information Sharing and Analysis 

Enhancement 

Sec. 211. Short title. 

Sec. 212. Provision of terrorism-related information to private sector officials. 
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Sec. 213. Analytic expertise on the threats from biological agents and nuclear 

weapons. 

Sec. 214. Alternative analysis of homeland security information. 

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

Sec. 216. Authority for disseminating homeland security information. 

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

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

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

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

Sec. 221. IAIP personnel recruitment. 

Sec. 222. Information collection requirements and priorities. 

Sec. 223. Homeland Security Advisory System. 

Sec. 224. Use of open-source information. 

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

TITLE III—DOMESTIC PREPAREDNESS AND PROTECTION 

Subtitle A—Preparedness and Protection 

Sec. 301. National terrorism exercise program. 

Sec. 302. Technology development and transfer. 

Sec. 303. Review of antiterrorism acquisitions. 

Sec. 304. Center of Excellence for Border Security. 

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

Sec. 306. Security of maritime cargo containers. 

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

Sec. 308. Interoperable communications assistance. 

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

protection of agriculture. 

Subtitle B—Department of Homeland Security Cybersecurity Enhancement 

Sec. 311. Short title. 

Sec. 312. Assistant Secretary for Cybersecurity. 

Sec. 313. Cybersecurity defined. 

Sec. 314. Cybersecurity training programs and equipment. 

Sec. 315. Information security requirements and OMB responsibilities not affected. 

Subtitle C—Security of public transportation systems 

Sec. 321. Security best practices. 

Sec. 322. Public awareness. 

Subtitle D—Critical infrastructure prioritization 

Sec. 331. Critical infrastructure. 

Sec. 332. Security review. 

Sec. 333. Implementation report. 

Sec. 334. Protection of information. 

TITLE IV—MISCELLANEOUS 

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

Sec. 402. GAO report to Congress. 
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Sec. 403. Plan for establishing consolidated and colocated regional offices. 

Sec. 404. Plan to reduce wait times. 

Sec. 405. Denial of transportation security card. 

Sec. 406. Transfer of existing Customs Patrol Officers unit and establishment of 

new CPO units in the Bureau of Immigration and Customs Enforcement. 

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

4 There is authorized to be appropriated to the Secretary 

5 of Homeland Security for the necessary expenses of the De6 partment of Homeland Security for fiscal year 2006, 

7 $34,152,143,000. 

8 SEC. 102. BORDER PATROL AGENTS. 

9 Of the amount authorized under section 101, there is 

10 authorized to be appropriated for fiscal year 2006 for bor11 der security and control between ports of entry, including 

12 for the hiring of 2,000 border patrol agents in addition to 

13 the number employed on the date of enactment of this Act, 

14 and related training and support costs, $1,916,427,000. 

15 SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS. 

16 Of the amount authorized under section 101, there is 

17 authorized to be appropriated for fiscal year 2006 for de18 partmental management and operations, $634,687,000, of 

19 which— 

20 (1) $44,895,000 is authorized for the Department 

21 of Homeland Security Regions Initiative; 
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1 (2) $4,459,000 is authorized for Operation Inte2 gration Staff; and 

3 (3) $56,278,000 is authorized for Office of Secu4 rity initiatives. 

5 SEC. 104. CRITICAL INFRASTRUCTURE GRANTS. 

6 Of the amount authorized under section 101, there is 

7 authorized to be appropriated for fiscal year 2006 for 

8 grants and other assistance to improve critical infrastruc9 ture protection, $500,000,000. 

10 SEC. 105. RESEARCH AND DEVELOPMENT. 

11 Of the amount authorized under section 101, there are 

12 authorized to be appropriated for fiscal year 2006— 

13 (1) $76,573,000 to support chemical counter14 measure development activities of the Directorate of 

15 Science and Technology; 

16 (2) $197,314,000 to support a nuclear detection 

17 office and related activities of such directorate; 

18 (3) $10,000,000 for research and development of 

19 technologies capable of countering threats posed by 

20 man-portable air defense systems, including location21 based technologies and noncommercial aircraft-based 

22 technologies; and 

23 (4) $10,600,000 for the activities of such direc24 torate conducted pursuant to subtitle G of title VIII 
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1 of the Homeland Security Act of 2002 (6 U.S.C. 441 

2 et seq.). 

3 SEC. 106. BORDER AND TRANSPORTATION SECURITY. 

4 Of the amount authorized under section 101, there are 

5 authorized to be appropriated for fiscal year 2006— 

6 (1) $826,913,000 for expenses related to Screen7 ing Coordination and Operations of the Directorate of 

8 Border and Transportation Security; 

9 (2) $100,000,000 for weapons of mass destruc10 tion detection technology of such directorate; and 

11 (3) $133,800,000 for the Container Security Ini12 tiative of such directorate. 

13 SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS. 

14 Of the amount authorized under section 101, there is 

15 authorized to be appropriated for fiscal year 2006— 

16 (1) $40,500,000 for the activities of the Office for 

17 Interoperability and Compatibility within the Direc18 torate of Science and Technology pursuant to section 

19 7303 of the Intelligence Reform and Terrorism Pre20 vention Act of 2004 (6 U.S.C 194); and 

21 (2) $1,000,000,000 for discretionary grants for 

22 high-threat, high-density urban areas awarded by the 

23 Office of State and Local Government Coordination 

24 and Preparedness. 
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1 SEC. 108. AUTHORIZATION OF APPROPRIATIONS FOR 

2 TRAINING OF STATE AND LOCAL PERSONNEL 

3 IN BORDER STATES PERFORMING IMMIGRA4 TION FUNCTIONS. 

5 (a) IN GENERAL.—To carry out subsection (b), subject 

6 to such limitations as may be provided in Acts making ap7 propriations for Management and Administration for U.S. 

8 Immigration and Customs Enforcement, there are author9 ized to be appropriated from such amounts $40,000,000 for 

10 fiscal year 2006, to remain available until September 30, 

11 2007, for the purpose of enhancing the integrity of the bor12 der security system of the United States against the threat 

13 of terrorism. 

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

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

16 may reimburse a State or political subdivision described 

17 in subsection (c) for the expenses described in subsection (d). 

18 (c) ELIGIBLE RECIPIENTS.—A State, or a political 

19 subdivision of a State, is eligible for reimbursement under 

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

21 (1) contains a location that is 30 miles or less 

22 from a border or coastline of the United States; 

23 (2) has entered into a written agreement de24 scribed in section 287(g) of the Immigration and Na25 tionality Act (8 U.S.C. 1357(g)) under which certain 

26 officers or employees of the State or subdivision may 
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1 be authorized to perform certain functions of an im2 migration officer; and 

3 (3) desires such officers or employees to receive 

4 training from the Department of Homeland Security 

5 in relation to such functions. 

6 (d) EXPENSES.—The expenses described in this sub7 section are actual and necessary expenses incurred by the 

8 State or political subdivision in order to permit the train9 ing described in subsection (c)(3) to take place, including 

10 expenses such as the following: 

11 (1) Costs of travel and transportation to loca12 tions where training is provided, including mileage 

13 and related allowances for the use of a privately 

14 owned automobile. 

15 (2) Subsistence consisting of lodging, meals, and 

16 other necessary expenses for the personal sustenance 

17 and comfort of a person required to travel away from 

18 the person’s regular post of duty in order to partici19 pate in the training. 

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

21 expenses for subsistence and fees or tips to porters and 

22 stewards. 

23 (4) Costs of securing temporary replacements for 

24 personnel traveling to, and participating in, the 

25 training. 
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1 TITLE II—TERRORISM PREVEN2 TION, INFORMATION SHAR3 ING, AND RISK ASSESSMENT 

4 Subtitle A—Terrorism Prevention 

5 SEC. 201. TERRORISM PREVENTION PLAN AND RELATED 

6 BUDGET SUBMISSION. 

7 (a) DEPARTMENT OF HOMELAND SECURITY TER8 RORISM PREVENTION PLAN.— 

9 (1) REQUIREMENTS.—Not later than 1 year 

10 after the date of enactment of the Act, and on a reg11 ular basis thereafter, the Secretary of Homeland Secu12 rity shall prepare and submit to the Committee on 

13 Homeland Security of the House of Representatives 

14 and the Committee on Homeland Security and Gov15 ernmental Affairs of the Senate a Department of 

16 Homeland Security Terrorism Prevention Plan. The 

17 Plan shall be a comprehensive and integrated plan 

18 that includes the goals, objectives, milestones, and key 

19 initiatives of the Department of Homeland Security 

20 to prevent acts of terrorism on the United States, in21 cluding its territories and interests. 

22 (2) CONTENTS.—The Secretary shall include in 

23 the Plan the following elements: 

24 (A) Identification and prioritization of 

25 groups and subgroups that pose the most signifi-
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1 cant threat of committing acts of terrorism on 

2 the United States and its interests. 

3 (B) Identification of the most significant 

4 current, evolving, and long-term terrorist threats 

5 to the United States and its interests, including 

6 an evaluation of— 

7 (i) the materials that may be used to 

8 carry out a potential attack; 

9 (ii) the methods that may be used to 

10 carry out a potential attack; and 

11 (iii) the outcome the perpetrators of 

12 acts of terrorism aim to achieve. 

13 (C) A prioritization of the threats identified 

14 under subparagraph (B), based on an assessment 

15 of probability and consequence of such attacks. 

16 (D) A description of processes and proce17 dures that the Secretary shall establish to insti18 tutionalize close coordination between the De19 partment of Homeland Security and the Na20 tional Counter Terrorism Center and other ap21 propriate United States intelligence agencies. 

22 (E) The policies and procedures the Sec23 retary shall establish to ensure the Department 

24 gathers real-time information from the National 

25 Counter Terrorism Center; disseminates this in-
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1 formation throughout the Department, as appro2 priate; utilizes this information to support the 

3 Department’s counterterrorism responsibilities; 

4 integrates the Department’s information collec5 tion and analysis functions; and disseminates 

6 this information to its operational units, as ap7 propriate. 

8 (F) A description of the specific actions the 

9 Secretary shall take to identify threats of ter10 rorism on the United States and its interests, 

11 and to coordinate activities within the Depart12 ment to prevent acts of terrorism, with special 

13 emphasis on prevention of terrorist access to and 

14 use of weapons of mass destruction. 

15 (G) A description of initiatives the Sec16 retary shall take to share critical terrorism pre17 vention information with, and provide terrorism 

18 prevention support to, State and local govern19 ments and the private sector. 

20 (H) A timeline, with goals and milestones, 

21 for implementing the Homeland Security Infor22 mation Network, the Homeland Security Secure 

23 Data Network, and other departmental informa24 tion initiatives to prevent acts of terrorism on 

25 the United States and its interests, including in-
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1 tegration of these initiatives in the operations of 

2 the Homeland Security Operations Center. 

3 (I) Such other terrorism prevention-related 

4 elements as the Secretary considers appropriate. 

5 (3) CONSULTATION.—In formulating the Plan 

6 the Secretary shall consult with— 

7 (A) the Director of National Intelligence; 

8 (B) the Director of the National Counter 

9 Terrorism Center; 

10 (C) the Attorney General; 

11 (D) the Director of the Federal Bureau of 

12 Investigation; 

13 (E) the Secretary of Defense; 

14 (F) the Secretary of State; 

15 (G) the Secretary of Energy; 

16 (H) the Secretary of the Treasury; and 

17 (I) the heads of other Federal agencies and 

18 State, county, and local law enforcement agen19 cies as the Secretary considers appropriate. 

20 (4) CLASSIFICATION.—The Secretary shall pre21 pare the Plan in both classified and nonclassified 

22 forms. 

23 (b) ANNUAL CROSSCUTTING ANALYSIS OF PROPOSED

24 FUNDING FOR DEPARTMENT OF HOMELAND SECURITY

25 PROGRAMS.— 
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1 (1) REQUIREMENT TO SUBMIT ANALYSIS.—The 

2 Secretary of Homeland Security shall submit to the 

3 Congress, concurrently with the submission of the 

4 President’s budget for each fiscal year, a detailed, 

5 crosscutting analysis of the budget proposed for the 

6 Department of Homeland Security, by budget func7 tion, by agency, and by initiative area, identifying 

8 the requested amounts of gross and net appropria9 tions or obligational authority and outlays for pro10 grams and activities of the Department for each of the 

11 following mission areas: 

12 (A) To prevent terrorist attacks within the 

13 United States. 

14 (B) To reduce the vulnerability of the 

15 United States to terrorism. 

16 (C) To minimize the damage, and assist in 

17 the recovery, from terrorist attacks that do occur 

18 within the United States. 

19 (D) To carry out all functions of the agen20 cies and subdivisions within the Department 

21 that are not related directly to homeland secu22 rity. 

23 (2) FUNDING ANALYSIS OF MULTIPURPOSE FUNC24 TIONS.—The analysis required under paragraph (1) 

25 for functions that are both related directly and not re-
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1 lated directly to homeland security shall include a de2 tailed allocation of funding for each specific mission 

3 area within those functions, including an allocation 

4 of funding among mission support functions, such as 

5 agency overhead, capital assets, and human capital. 

6 (3) INCLUDED TERRORISM PREVENTION ACTIVI7 TIES.—The analysis required under paragraph (1)(A) 

8 shall include the following activities (among others) of 

9 the Department: 

10 (A) Collection and effective use of intel11 ligence and law enforcement operations that 

12 screen for and target individuals who plan or in13 tend to carry out acts of terrorism. 

14 (B) Investigative, intelligence, and law en15 forcement operations that identify and disrupt 

16 plans for acts of terrorism or reduce the ability 

17 of groups or individuals to commit acts of ter18 rorism. 

19 (C) Investigative activities and intelligence 

20 operations to detect and prevent the introduction 

21 of weapons of mass destruction into the United 

22 States. 

23 (D) Initiatives to detect potential, or the 

24 early stages of actual, biological, chemical, radio25 logical, or nuclear attacks. 
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1 (E) Screening individuals against terrorist 

2 watch lists. 

3 (F) Screening cargo to identify and seg4 regate high-risk shipments. 

5 (G) Specific utilization of information shar6 ing and intelligence, both horizontally (within 

7 the Federal Government) and vertically (among 

8 Federal, State, and local governments), to detect 

9 or prevent acts of terrorism. 

10 (H) Initiatives, including law enforcement 

11 and intelligence operations, to preempt, disrupt, 

12 and deter acts of terrorism overseas intended to 

13 strike the United States. 

14 (I) Investments in technology, research and 

15 development, training, and communications sys16 tems that are designed to improve the perform17 ance of the Department and its agencies with re18 spect to each of the activities listed in subpara19 graphs (A) through (H). 

20 (4) SEPARATE DISPLAYS FOR MANDATORY AND

21 DISCRETIONARY AMOUNTS.—Each analysis under 

22 paragraph (1) shall include separate displays for pro23 posed mandatory appropriations and proposed discre24 tionary appropriations. 
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1 SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS. 

2 (a) REQUIREMENT.—The Secretary shall establish a 

3 single process for conducting the security screening and 

4 background checks on individuals participating in any vol5 untary or mandatory departmental credentialing or reg6 istered traveler program. 

7 (b) INCLUDED PROGRAMS.—The process established 

8 under subsection (a) shall be sufficient to meet the security 

9 requirements of all applicable Departmental programs, in10 cluding— 

11 (1) the Transportation Worker Identification 

12 Credential; 

13 (2) the Hazmat Endorsement Credential; 

14 (3) the Free and Secure Trade program; 

15 (4) the NEXUS and SENTRI border crossing 

16 programs; 

17 (5) the Registered Traveler program of the 

18 Transportation Security Administration; and 

19 (6) any other similar program or credential con20 sidered appropriate for inclusion by the Secretary. 

21 (c) FEATURES OF PROCESS.—The process established 

22 under subsection (a) shall include the following: 

23 (1) A single submission of security screening in24 formation, including personal data and biometric in25 formation as appropriate, necessary to meet the secu-
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1 rity requirements of all applicable departmental pro2 grams. 

3 (2) An ability to submit such security screening 

4 information at any location or through any process 

5 approved by the Secretary with respect to any of the 

6 applicable departmental programs. 

7 (3) Acceptance by the Department of a security 

8 clearance issued by a Federal agency, to the extent 

9 that the security clearance process of the agency satis10 fies requirements that are at least as stringent as 

11 those of the applicable departmental programs under 

12 this section. 

13 (4) Standards and procedures for protecting in14 dividual privacy, confidentiality, record retention, 

15 and addressing other concerns relating to information 

16 security. 

17 (d) DEADLINES.—The Secretary of Homeland Secu18 rity shall— 

19 (1) submit a description of the process developed 

20 under subsection (a) to the Committee on Homeland 

21 Security of the House of Representatives and the 

22 Committee on Homeland Security and Governmental 

23 Affairs of the Senate by not later than 6 months after 

24 the date of the enactment of this Act; and 
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1 (2) begin implementing such process by not later 

2 than 12 months after the date of the enactment of this 

3 Act. 

4 (e) RELATIONSHIP TO OTHER LAWS.—(1) Nothing in 

5 this section affects any statutory requirement relating to the 

6 operation of the programs described in subsection (b). 

7 (2) Nothing in this section affects any statutory re8 quirement relating to title III of the Intelligence Reform 

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

10 seq.). 

11 Subtitle B—Homeland Security In12 formation Sharing and Analysis 

13 Enhancement 

14 SEC. 211. SHORT TITLE. 

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

16 Information Sharing and Analysis Enhancement Act of 

17 2005’’. 

18 SEC. 212. PROVISION OF TERRORISM-RELATED INFORMA19 TION TO PRIVATE SECTOR OFFICIALS. 

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

21 (6 U.S.C. 121(d)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(20) To require, in consultation with the Assist24 ant Secretary for Infrastructure Protection, the cre25 ation and routine dissemination of analytic reports 
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1 and products designed to provide timely and accurate 

2 information that has specific relevance to each of the 

3 Nation’s critical infrastructure sectors (as identified 

4 in the national infrastructure protection plan issued 

5 under paragraph (5)), to private sector officials in 

6 each such sector who are responsible for protecting in7 stitutions within that sector from potential acts of 

8 terrorism and for mitigating the potential con9 sequences of any such act.’’. 

10 SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BI11 OLOGICAL AGENTS AND NUCLEAR WEAPONS. 

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

13 (6 U.S.C. 121(d)) is further amended by adding at the end 

14 the following: 

15 ‘‘(21) To ensure sufficient analytic expertise 

16 within the Office of Information Analysis to create 

17 and disseminate, on an ongoing basis, products based 

18 on the analysis of homeland security information, as 

19 defined in section 892(f)(1), with specific reference to 

20 the threat of terrorism involving the use of nuclear 

21 weapons and biological agents to inflict mass casual22 ties or other catastrophic consequences on the popu23 lation or 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 Home4 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 

5 by adding at the end the following: 

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

8 ‘‘The Secretary shall establish a process and assign an 

9 individual or entity the responsibility to ensure that, as ap10 propriate, elements of the Department conduct alternative 

11 analysis (commonly referred to as ‘red-team analysis’) of 

12 homeland security information, as that term is defined in 

13 section 892(f)(1), that relates to potential acts of terrorism 

14 involving the use of nuclear weapons or biological agents 

15 to inflict mass casualties or other catastrophic consequences 

16 on the population or territory of the United States.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents in 

18 section 1(b) of such Act is amended by inserting after the 

19 item relating to section 202 the following: 

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

20 SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND IN21 FRASTRUCTURE PROTECTION FUNCTIONS. 

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

23 (6 U.S.C. 121(b)) is amended by adding at the end the fol24 lowing: 
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1 ‘‘(4) ASSIGNMENT OF SPECIFIC FUNCTIONS.—The 

2 Under Secretary for Information Analysis and Infra3 structure Protection— 

4 ‘‘(A) shall assign to the Assistant Secretary 

5 for Information Analysis the responsibility for 

6 performing the functions described in para7 graphs (1), (4), (7) through (14), (16), and (18) 

8 of subsection (d); 

9 ‘‘(B) shall assign to the Assistant Secretary 

10 for Infrastructure Protection the responsibility 

11 for performing the functions described in para12 graphs (2), (5), and (6) of subsection (d); 

13 ‘‘(C) shall ensure that the Assistant Sec14 retary for Information Analysis and the Assist15 ant Secretary for Infrastructure Protection both 

16 perform the functions described in paragraphs 

17 (3), (15), (17), and (19) of subsection (d); 

18 ‘‘(D) may assign to each such Assistant Sec19 retary such other duties relating to such respon20 sibilities as the Under Secretary may provide; 

21 ‘‘(E) shall direct each such Assistant Sec22 retary to coordinate with Federal, State, and 

23 local law enforcement agencies, and with tribal 

24 and private sector entities, as appropriate; and 
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1 ‘‘(F) shall direct the Assistant Secretary for 

2 Information Analysis to coordinate with ele3 ments of the intelligence community, as appro4 priate.’’. 

5 SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SE6 CURITY INFORMATION. 

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

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

9 at the end the following: 

10 ‘‘SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SE11 CURITY INFORMATION. 

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

13 subsection (b), the Secretary shall be the executive branch 

14 official responsible for disseminating homeland security in15 formation to State and local government and tribal officials 

16 and the private sector. 

17 ‘‘(b) PRIOR APPROVAL REQUIRED.—No Federal offi18 cial may disseminate any homeland security information, 

19 as defined in section 892(f)(1), to State, local, tribal, or 

20 private sector officials without the Secretary’s prior ap21 proval, except— 

22 ‘‘(1) in exigent circumstances under which it is 

23 essential that the information be communicated im24 mediately; or 
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1 ‘‘(2) when such information is issued to State, 

2 local, or tribal law enforcement officials for the pur3 pose of assisting them in any aspect of the adminis4 tration of criminal justice.’’. 

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

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

7 item relating to section 103 the following: 

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

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

9 PROGRAM. 

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

11 II of the Homeland Security Act of 2002 (6 U.S.C. 121 

12 et seq.) is further amended by adding at the end the fol13 lowing: 

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

15 PROGRAM. 

16 ‘‘(a) ESTABLISHMENT.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall establish 

18 a fellowship program in accordance with this section 

19 for the purpose of bringing State, local, tribal, and 

20 private sector officials to participate in the work of 

21 the Homeland Security Operations Center in order to 

22 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 per2 sonnel of the Office of Information Analysis, the 

3 Office of Infrastructure Protection, and other ele4 ments of the Department responsible for the inte5 gration, analysis, and dissemination of home6 land security information, as defined in section 

7 892(f)(1). 

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

9 section shall be known as the 9/11 Memorial Home10 land Security Fellows Program. 

11 ‘‘(b) ELIGIBILITY.—In order to be eligible for selection 

12 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 du20 ration; and 

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

23 of the Center. 

24 ‘‘(d) CONDITION.—As a condition of selecting an indi25 vidual as a fellow under the program, the Secretary shall 
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1 require that the individual’s employer agree to continue to 

2 pay the individual’s salary and benefits during the period 

3 of the fellowship. 

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

5 an individual under the program, the Secretary shall, sub6 ject to the availability of appropriations— 

7 ‘‘(1) provide to the individual a stipend to cover 

8 the individual’s reasonable living expenses during the 

9 period of the fellowship; and 

10 ‘‘(2) reimburse the individual for round-trip, 

11 economy fare travel to and from the individual’s 

12 place of residence twice each month.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents in 

14 section 1(b) of such Act is further amended by adding at 

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

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

16 SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED IN17 FORMATION. 

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

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

20 the following: 

21 ‘‘(22) To ensure that— 

22 ‘‘(A) the Assistant Secretary for Informa23 tion Analysis receives promptly and without re24 quest all information obtained by any compo25 nent of the Department if that information re-
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1 lates, directly or indirectly, to a threat of ter2 rorism involving the potential use of nuclear 

3 weapons; 

4 ‘‘(B) such information is— 

5 ‘‘(i) integrated and analyzed com6 prehensively; and 

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

8 including to appropriately cleared State, 

9 local, tribal, and private sector officials; 

10 and 

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

12 what requests the Department should submit for 

13 collection of additional information relating to 

14 that threat.’’. 

15 SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFOR16 MATION ANALYSIS TO TERRORISM INFORMA17 TION. 

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

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

20 the following: 

21 ‘‘(23) To ensure that the Assistant Secretary for 

22 Information Analysis— 

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

24 prompt access to all terrorism-related informa25 tion collected by or otherwise in the possession of 
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1 any component of the Department, including all 

2 homeland security information (as that term is 

3 defined in section 892(f)(1)); and 

4 ‘‘(B) to the extent technologically feasible 

5 has direct access to all databases of any compo6 nent of the Department that may contain such 

7 information.’’. 

8 SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY 

9 INFORMATION NETWORK. 

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 end 

12 the following: 

13 ‘‘(24) To administer the homeland security infor14 mation network, including— 

15 ‘‘(A) exercising primary responsibility for 

16 establishing a secure nationwide real-time home17 land security information sharing network for 

18 Federal, State, and local government agencies 

19 and authorities, tribal officials, the private sec20 tor, and other governmental and private entities 

21 involved in receiving, analyzing, and distrib22 uting information related to threats to homeland 

23 security; 

24 ‘‘(B) ensuring that the information sharing 

25 systems, developed in connection with the net-
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1 work established under subparagraph (A), are 

2 utilized and are compatible with, to the greatest 

3 extent practicable, Federal, State, and local gov4 ernment, tribal, and private sector antiterrorism 

5 systems and protocols that have been or are being 

6 developed; and 

7 ‘‘(C) ensuring, to the greatest extent pos8 sible, that the homeland security information 

9 network and information systems are integrated 

10 and interoperable with existing private sector 

11 technologies.’’. 

12 SEC. 221. IAIP PERSONNEL RECRUITMENT. 

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

14 Code, is amended by adding after section 9701 the fol15 lowing: 

16 ‘‘§ 9702. Recruitment bonuses 

17 ‘‘(a) IN GENERAL.—Notwithstanding any provision of 

18 chapter 57, the Secretary of Homeland Security, acting 

19 through the Under Secretary for Information Analysis and 

20 Infrastructure Protection, may pay a bonus to an indi21 vidual in order to recruit such individual for a position 

22 that is primarily responsible for discharging the analytic 

23 responsibilities specified in section 201(d) of the Homeland 

24 Security Act of 2002 (6 U.S.C. 121(d)) and that— 
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1 ‘‘(1) is within the Directorate for Information 

2 Analysis and Infrastructure Protection; and 

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

4 such a bonus. 

5 In determining which individuals are to receive bonuses 

6 under this section, appropriate consideration shall be given 

7 to the Directorate’s critical need for linguists. 

8 ‘‘(b) BONUS AMOUNT, FORM, ETC.— 

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

10 under this section shall be determined under regula11 tions of the Secretary of Homeland Security, but may 

12 not exceed 50 percent of the annual rate of basic pay 

13 of the position involved. 

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

15 section shall be paid in the form of a lump-sum pay16 ment and shall not be considered to be part of basic 

17 pay. 

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

19 paragraph (1), the annual rate of basic pay of a posi20 tion does not include any comparability payment 

21 under section 5304 or any similar authority. 

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

23 under this section shall be contingent upon the employee 

24 entering into a written service agreement with the Depart25 ment of Homeland Security. The agreement shall include— 
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1 ‘‘(1) the period of service the individual shall be 

2 required to complete in return for the bonus; and 

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

4 may be terminated before the agreed-upon service pe5 riod has been completed, and the effect of any such 

6 termination. 

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

8 not be paid to recruit an individual for— 

9 ‘‘(1) a position to which an individual is ap10 pointed by the President, by and with the advice and 

11 consent of the Senate; 

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

13 as a noncareer appointee (as defined under section 

14 3132(a)); or 

15 ‘‘(3) a position which has been excepted from the 

16 competitive service by reason of its confidential, pol17 icy-determining, policy-making, or policy-advocating 

18 character. 

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

20 under this section shall terminate on September 30, 2008. 

21 ‘‘§ 9703. Reemployed annuitants 

22 ‘‘(a) IN GENERAL.—If an annuitant receiving an an23 nuity from the Civil Service Retirement and Disability 

24 Fund becomes employed in a position within the Direc25 torate for Information Analysis and Infrastructure Protec-
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1 tion of the Department of Homeland Security, the annu2 itant’s annuity shall continue. An annuitant so reemployed 

3 shall not be considered an employee for the purposes of 

4 chapter 83 or 84. 

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

6 section of the Directorate for Information Analysis and In7 frastructure Protection from the reemployed annuitant pro8 visions of chapters 83 and 84 shall terminate 3 years after 

9 the date of the enactment of this section, unless extended 

10 by the Secretary of Homeland Security. Any such extension 

11 shall be for a period of 1 year and shall be renewable. 

12 ‘‘(c) ANNUITANT DEFINED.—For purposes of this sec13 tion, the term ‘annuitant’ has the meaning given such term 

14 under section 8331 or 8401, whichever is appropriate. 

15 ‘‘§ 9704. Regulations 

16 ‘‘The Secretary of Homeland Security, in consultation 

17 with the Director of the Office of Personnel Management, 

18 may prescribe any regulations necessary to carry out sec19 tion 9702 or 9703.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 97 of title 5, United States Code, is amended by adding 

22 after the item relating to section 9701 the following: 

‘‘9702. Recruitment bonuses. 

‘‘9703. Reemployed annuitants. 

‘‘9704. Regulations.’’. 
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1 SEC. 222. INFORMATION COLLECTION REQUIREMENTS AND 

2 PRIORITIES. 

3 (a) IN GENERAL.—Section 102 of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 112) is amended— 

5 (1) by redesignating subsections (e), (f), and (g), 

6 as subsections (f), (g), and (h), respectively; and 

7 (2) by inserting after subsection (d) the following 

8 new subsection (e): 

9 ‘‘(e) PARTICIPATION IN FOREIGN COLLECTION RE10 QUIREMENTS AND MANAGEMENT PROCESSES.—The Sec11 retary shall be a member of any Federal Government inter12 agency board, established by Executive order or any other 

13 binding interagency directive, that is responsible for estab14 lishing foreign collection information requirements and pri15 orities for estimative analysis.’’. 

16 (b) HOMELAND SECURITY INFORMATION REQUIRE17 MENTS BOARD.— 

18 (1) IN GENERAL.—Title I of such Act (6 U.S.C. 

19 111 et seq.) is further amended by adding at the end 

20 the following new section: 

21 ‘‘SEC. 105. HOMELAND SECURITY INFORMATION REQUIRE22 MENTS BOARD. 

23 ‘‘(a) ESTABLISHMENT OF BOARD.—There is estab24 lished an interagency Homeland Security Information Re25 quirements Board (hereinafter in this section referred to as 

26 the ‘Information Requirements Board’). 
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1 ‘‘(b) MEMBERSHIP.—The following officials are mem2 bers of the Information Requirements Board: 

3 ‘‘(1) The Secretary of Homeland Security, who 

4 shall serve as the Chairman of the Information Re5 quirements Board. 

6 ‘‘(2) The Attorney General. 

7 ‘‘(3) The Secretary of Commerce. 

8 ‘‘(4) The Secretary of the Treasury. 

9 ‘‘(5) The Secretary of Defense. 

10 ‘‘(6) The Secretary of Energy. 

11 ‘‘(7) The Secretary of State. 

12 ‘‘(8) The Secretary of the Interior. 

13 ‘‘(9) The Director of National Intelligence. 

14 ‘‘(10) The Director of the Federal Bureau of In15 vestigation. 

16 ‘‘(11) The Director of the National 

17 Counterterrorism Center. 

18 ‘‘(12) The Chief Privacy Officer of the Depart19 ment of Homeland Security. 

20 ‘‘(c) FUNCTIONS.— 

21 ‘‘(1) OVERSIGHT OF HOMELAND SECURITY RE22 QUIREMENTS.—The Information Requirements Board 

23 shall oversee the process for establishing homeland se24 curity requirements and collection management for 

25 all terrorism-related information and all other home-
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1 land security information (as defined in section 

2 892(f)(1)) collected within the United States. 

3 ‘‘(2) DETERMINATION OF COLLECTION PRIOR4 ITIES.—The Information Requirements Board shall— 

5 ‘‘(A) determine the domestic information 

6 collection requirements for information relevant 

7 to the homeland security mission; and 

8 ‘‘(B) prioritize the collection and use of 

9 such information. 

10 ‘‘(3) COORDINATION OF COLLECTION REQUIRE11 MENTS AND MANAGEMENT ACTIVITIES.— 

12 ‘‘(A) COORDINATION WITH COUNTERPART

13 AGENCIES.—The Chairman shall ensure that the 

14 Information Requirements Board carries out its 

15 activities in a manner that is fully coordinated 

16 with the Board’s counterpart entities. 

17 ‘‘(B) PARTICIPATION OF COUNTERPART EN18 TITIES.—The Chairman and the Director of Na19 tional Intelligence shall ensure that each counter20 part entity— 

21 ‘‘(i) has at least one representative on 

22 the Information Requirement Board and on 

23 every subcomponent of the Board; and 

24 ‘‘(ii) meets jointly with the Informa25 tion Requirements Board (and, as appro-
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1 priate, with any subcomponent of the 

2 Board) as often as the Chairman and the 

3 Director of National Intelligence determine 

4 appropriate. 

5 ‘‘(C) COUNTERPART ENTITY DEFINED.—In 

6 this section, the term ‘counterpart entity’ means 

7 an entity of the Federal Government that is re8 sponsible for foreign intelligence collection re9 quirements and management. 

10 ‘‘(d) MEETINGS.— 

11 ‘‘(1) IN GENERAL.—The Information Require12 ments Board shall meet regularly at such times and 

13 places as its Chairman may direct. 

14 ‘‘(2) INVITED REPRESENTATIVES.—The Chair15 man may invite representatives of Federal agencies 

16 not specified in subsection (b) to attend meetings of 

17 the Information Requirements Board.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents in section 1(b) of such Act is further amended 

20 by inserting after the item relating to section 104 the 

21 following new item: 

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

22 SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM. 

23 (a) IN GENERAL.—Subtitle A of title II of the Home24 land Security Act of 2002 is further amended— 
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1 (1) in section 201(d)(7) (6 U.S.C. 121(d)(7)) by 

2 inserting ‘‘under section 205’’ after ‘‘System’’; and 

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

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

5 ‘‘(a) REQUIREMENT.—The Under Secretary for Infor6 mation Analysis and Infrastructure Protection shall imple7 ment a Homeland Security Advisory System in accordance 

8 with this section to provide public advisories and alerts re9 garding threats to homeland security, including national, 

10 regional, local, and economic sector advisories and alerts, 

11 as appropriate. 

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

13 under the System— 

14 ‘‘(1) shall include, in each advisory and alert re15 garding a threat, information on appropriate protec16 tive measures and countermeasures that may be taken 

17 in response to the threat; 

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

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

20 or economic sector believed to be at risk; and 

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

22 use color designations as the exclusive means of speci23 fying the homeland security threat conditions that are 

24 the subject of the advisory or alert.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents in 

2 section 1(b) of such Act is further amended by adding at 

3 the end of the items relating to subtitle A of title II the 

4 following: 

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

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

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

7 (6 U.S.C. 121(d)) is further amended by adding at the end 

8 the following: 

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

10 ‘‘(A) the Assistant Secretary for Informa11 tion Analysis produces and disseminates reports 

12 and analytic products based on open-source in13 formation that do not require a national security 

14 classification under applicable law; and 

15 ‘‘(B) such unclassified open-source reports 

16 are produced and disseminated contempora17 neously with reports or analytic products con18 cerning the same or similar information that the 

19 Assistant Secretary for Information Analysis 

20 produces and disseminates in a classified for21 mat.’’. 
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1 SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE IN2 FORMATION. 

3 (a) REQUIREMENT.—Subtitle A of title II of the Home4 land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 

5 amended by adding at the end the following: 

6 ‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE IN7 FORMATION. 

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

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

10 formulating requirements for collection of additional infor11 mation, the Assistant Secretary for Information Analysis 

12 and the Assistant Secretary for Infrastructure Protection 

13 make full and efficient use of open-source information wher14 ever possible.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents in 

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

17 after the item relating to section 205 the following: 

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

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 Se25 curity Act of 2002 (6 U.S.C. 238) is amended by striking 
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1 ‘‘and’’ after the semicolon at the end of paragraph (8), by 

2 striking the period at the end of paragraph (9) and insert3 ing ‘‘; and’’, and by adding at the end the following: 

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

5 evaluating exercises at the national, State, territorial, 

6 regional, local, and tribal levels of government that 

7 incorporate government officials, emergency response 

8 providers, public safety agencies, the private sector, 

9 international governments and organizations, and 

10 other appropriate entities to test the Nation’s capa11 bility to prevent, prepare for, respond to, and recover 

12 from threatened or actual acts of terrorism.’’. 

13 (b) NATIONAL TERRORISM EXERCISE PROGRAM.— 

14 (1) ESTABLISHMENT OF PROGRAM.—Title VIII 

15 of the Homeland Security Act of 2002 (Public Law 

16 107–296) is amended by adding at the end the fol17 lowing new subtitle: 

18 ‘‘Subtitle J—Terrorism 

19 Preparedness Exercises 

20 ‘‘SEC. 899A. NATIONAL TERRORISM EXERCISE PROGRAM. 

21 ‘‘(a) IN GENERAL.—The Secretary, through the Office 

22 for Domestic Preparedness, shall establish a National Ter23 rorism Exercise Program for the purpose of testing and 

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

2 terrorism that— 

3 ‘‘(1) enhances coordination for terrorism pre4 paredness between all levels of government, emergency 

5 response providers, international governments and or6 ganizations, and the private sector; 

7 ‘‘(2) is— 

8 ‘‘(A) multidisciplinary in nature, includ9 ing, 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 timing 

16 and details of such exercises, consistent with safe17 ty 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, which 

22 shall be shared with appropriate Federal, State, 

23 territorial, regional, local, and tribal personnel, 

24 authorities, and training institutions for emer25 gency 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 the Nation’s capa16 bility to detect, disrupt, and prevent threatened or ac17 tual catastrophic acts of terrorism, especially those 

18 involving weapons of mass destruction; and 

19 ‘‘(3) testing and evaluating the Nation’s readi20 ness to respond to and recover from catastrophic acts 

21 of terrorism, especially those involving weapons of 

22 mass destruction. 

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

24 implementing the responsibilities described in subsections 

25 (a) and (b), the Secretary shall consult with a geographic 
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1 (including urban and rural) and substantive cross section 

2 of governmental and nongovernmental first responder dis3 ciplines, including as appropriate— 

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

5 training institutions; 

6 ‘‘(2) representatives of emergency response pro7 viders; and 

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

9 in terrorism preparedness.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents in section 1(b) of such Act is amended by add12 ing at the end of the items relating to title VIII the 

13 following: 

‘‘Subtitle J—Terrorism Preparedness Exercises 

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

14 (c) TOPOFF PREVENTION EXERCISE.—No later than 

15 one year after the date of enactment of this Act, the Sec16 retary of Homeland Security shall design and carry out 

17 a national terrorism prevention exercise for the purposes 

18 of— 

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

20 territorial, local, tribal, and international govern21 ments; and 

22 (2) testing and evaluating the Nation’s capa23 bility to detect, disrupt, and prevent threatened or ac-
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1 tual catastrophic acts of terrorism, especially those 

2 involving weapons of mass destruction. 

3 SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

4 (a) ESTABLISHMENT OF TECHNOLOGY CLEARING5 HOUSE.—Not later than 90 days after the date of enactment 

6 of this Act, the Secretary shall complete the establishment 

7 of the Technology Clearinghouse under section 313 of the 

8 Homeland Security Act of 2002. 

9 (b) TRANSFER PROGRAM.—Section 313 of the Home10 land Security Act of 2002 (6 U.S.C. 193) is amended— 

11 (1) by adding at the end of subsection (b) the fol12 lowing new paragraph: 

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

14 technology transfer program to facilitate the identi15 fication, modification, and commercialization of tech16 nology and equipment for use by Federal, State, and 

17 local governmental agencies, emergency response pro18 viders, and the private sector to prevent, prepare for, 

19 or respond to acts of terrorism.’’; 

20 (2) by redesignating subsection (c) as subsection 

21 (d); and 

22 (3) by inserting after subsection (b) the following 

23 new subsection: 

24 ‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In devel25 oping the program described in subsection (b)(6), the Sec-
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1 retary, acting through the Under Secretary for Science and 

2 Technology, shall— 

3 ‘‘(1) in consultation with the other Under Secre4 taries of the Department and the Director of the Of5 fice for Domestic Preparedness, on an ongoing basis— 

6 ‘‘(A) conduct surveys and reviews of avail7 able appropriate technologies that have been, or 

8 are in the process of being developed, tested, eval9 uated, or demonstrated by the Department, other 

10 Federal agencies, or the private sector or foreign 

11 governments and international organizations 

12 and that may be useful in assisting Federal, 

13 State, and local governmental agencies, emer14 gency response providers, or the private sector to 

15 prevent, prepare for, or respond to acts of ter16 rorism; 

17 ‘‘(B) conduct or support research, develop18 ment, tests, and evaluations, as appropriate of 

19 technologies identified under subparagraph (A), 

20 including any necessary modifications to such 

21 technologies for antiterrorism use; 

22 ‘‘(C) communicate to Federal, State, and 

23 local governmental agencies, emergency response 

24 providers, or the private sector the availability of 

25 such technologies for antiterrorism use, as well as 
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1 the technology’s specifications, satisfaction of ap2 propriate standards, and the appropriate grants 

3 available from the Department to purchase such 

4 technologies; 

5 ‘‘(D) coordinate the selection and adminis6 tration of all technology transfer activities of the 

7 Science and Technology Directorate, including 

8 projects and grants awarded to the private sector 

9 and academia; and 

10 ‘‘(E) identify priorities based on current 

11 risk assessments within the Department of 

12 Homeland Security for identifying, researching, 

13 developing, testing, evaluating, modifying, and 

14 fielding existing technologies for antiterrorism 

15 purposes; 

16 ‘‘(2) in support of the activities described in 

17 paragraph (1)— 

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

19 emergency response providers; 

20 ‘‘(B) consult with government agencies and 

21 nationally recognized standards development or22 ganizations as appropriate; 

23 ‘‘(C) enter into agreements and coordinate 

24 with other Federal agencies, foreign governments, 

25 and national and international organizations as 
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1 the Secretary determines appropriate, in order to 

2 maximize the effectiveness of such technologies or 

3 to facilitate commercialization of such tech4 nologies; and 

5 ‘‘(D) consult with existing technology trans6 fer programs and Federal and State training 

7 centers that research, develop, test, evaluate, and 

8 transfer military and other technologies for use 

9 by emergency response providers; and 

10 ‘‘(3) establish a working group in coordination 

11 with the Secretary of Defense to advise and assist the 

12 technology clearinghouse in the identification of mili13 tary technologies that are in the process of being de14 veloped, or are developed, by the Department of De15 fense or the private sector, which may include— 

16 ‘‘(A) representatives from the Department of 

17 Defense or retired military officers; 

18 ‘‘(B) nongovernmental organizations or pri19 vate companies that are engaged in the research, 

20 development, testing, or evaluation of related 

21 technologies or that have demonstrated prior ex22 perience and success in searching for and identi23 fying technologies for Federal agencies; 

24 ‘‘(C) Federal, State, and local emergency re25 sponse providers; and 
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1 ‘‘(D) to the extent the Secretary considers 

2 appropriate, other organizations, other interested 

3 Federal, State, and local agencies, and other in4 terested persons.’’. 

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

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

7 Technology shall transmit to the Congress a description of 

8 the progress the Department has made in implementing the 

9 provisions of section 313 of the Homeland Security Act of 

10 2002, as amended by this Act, including a description of 

11 the process used to review unsolicited proposals received as 

12 described in subsection (b)(3) of such section. 

13 (d) SAVINGS CLAUSE.—Nothing in this section (in14 cluding the amendments made by this section) shall be con15 strued to alter or diminish the effect of the limitation on 

16 the authority of the Secretary of Homeland Security under 

17 section 302(4) of the Homeland Security Act of 2002 (6 

18 U.S.C. 182(4)) with respect to human health-related re19 search and development activities. 

20 SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS. 

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

22 shall conduct a study of all Department of Homeland Secu23 rity procurements, including ongoing procurements and an24 ticipated 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 technology) 

4 that is being designed, developed, modified, or pro5 cured for the specific purpose of preventing, detecting, 

6 identifying, or deterring acts of terrorism or limiting 

7 the harm such acts might otherwise cause; and 

8 (2) assess whether such product, equipment, serv9 ice (including support services), device, or technology 

10 is an appropriate candidate for the litigation and 

11 risk management protections of subtitle G of title VIII 

12 of the Homeland Security Act of 2002. 

13 (b) SUMMARY AND CLASSIFICATION REPORT.—Not 

14 later than 180 days after the date of enactment of this Act, 

15 the Secretary shall transmit to the Congress a report— 

16 (1) describing each product, equipment, service 

17 (including support services), device, and technology 

18 identified under subsection (a) that the Secretary be19 lieves would be an appropriate candidate for the liti20 gation and risk management protections of subtitle G 

21 of title VIII of the Homeland Security Act of 2002; 

22 (2) listing each such product, equipment, service 

23 (including support services), device, and technology in 

24 order of priority for deployment in accordance with 

25 current terrorism risk assessment information; and 
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1 (3) setting forth specific actions taken, or to be 

2 taken, to encourage or require persons or entities that 

3 sell or otherwise provide such products, equipment, 

4 services (including support services), devices, and 

5 technologies to apply for the litigation and risk man6 agement protections of subtitle G of title VIII of the 

7 Homeland Security Act of 2002, and to ensure 

8 prioritization of the Department’s review of such 

9 products, equipment, services, devices, and tech10 nologies under such Act in accordance with the 

11 prioritization set forth in paragraph (2) of this sub12 section. 

13 SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY. 

14 The Secretary of Homeland Security shall establish a 

15 university-based Center for Excellence for Border Security 

16 following the merit-review processes and procedures that 

17 have been established for selecting University Programs 

18 Centers of Excellence. The Center shall prioritize its activi19 ties on the basis of risk to address the most significant 

20 threats, vulnerabilities, and consequences posed by the Na21 tion’s borders and border control systems, including the con22 duct of research, the examination of existing and emerging 

23 border security technology and systems, and the provision 

24 of education, technical, and analytical assistance for the 
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1 Department of Homeland Security to effectively secure the 

2 Nation’s borders. 

3 SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER 

4 SECURITY INITIATIVE (CSI). 

5 (a) RISK ASSESSMENT AND DESIGNATION OF NEW

6 FOREIGN SEAPORTS.— 

7 (1) RISK ASSESSMENT.—The Secretary of Home8 land Security shall conduct a risk assessment of each 

9 foreign seaport that the Secretary is considering des10 ignating as a port under the Container Security Ini11 tiative (CSI) on or after the date of the enactment of 

12 this Act. Each such assessment shall evaluate the level 

13 of risk for the potential compromise of cargo con14 tainers by terrorists or terrorist weapons. 

15 (2) DESIGNATION.—The Secretary is authorized 

16 to designate a foreign seaport as a port under CSI on 

17 or after the date of the enactment of this Act only if 

18 the Secretary determines, based on a risk assessment 

19 under paragraph (1) and a cost-benefit analysis, that 

20 the benefits of designating such port outweigh the cost 

21 of expanding the program to such port. 

22 (b) DEPLOYMENT OF INSPECTION EQUIPMENT TO NEW

23 CSI PORTS.— 

24 (1) DEPLOYMENT.—The Secretary is authorized 

25 to assist in the loaning of nonintrusive inspection 
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1 equipment for cargo containers, on a nonreimbursable 

2 basis, at each CSI port designated under subsection 

3 (a)(2) and provide training for personnel at the CSI 

4 port to operate the nonintrusive inspection equip5 ment. 

6 (2) ADDITIONAL REQUIREMENTS.—The Secretary 

7 shall establish technical capability requirements and 

8 standard operating procedures for nonintrusive in9 spection equipment described in paragraph (1) and 

10 shall require each CSI port to agree to operate such 

11 equipment in accordance with such requirements and 

12 procedures as a condition for receiving the equipment 

13 and training under such paragraph. 

14 (c) DEPLOYMENT OF PERSONNEL TO NEW CSI PORTS; 

15 REEVALUATION OF PERSONNEL AT ALL CSI PORTS.— 

16 (1) DEPLOYMENT.—The Secretary shall deploy 

17 Department of Homeland Security personnel to each 

18 CSI port designated under subsection (a)(1) with re19 spect to which the Secretary determines that the de20 ployment is necessary to successfully implement the 

21 requirements of CSI at the port. 

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

24 with respect to all CSI ports at which Department of 

25 Homeland Security personnel are deployed to assess 
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1 whether or not continued deployment of such per2 sonnel, in whole or in part, is necessary to success3 fully implement the requirements of CSI at the port. 

4 (d) INSPECTION AND SCREENING AT UNITED STATES

5 PORTS OF ENTRY.—Cargo containers arriving at a United 

6 States port of entry from a CSI port shall undergo the same 

7 level of inspection and screening for potential compromise 

8 by terrorists or terrorist weapons as cargo containers arriv9 ing at a United States port of entry from a foreign seaport 

10 that is not participating in CSI unless the containers were 

11 initially inspected at the CSI port at the request of CSI 

12 personnel and such personnel verify and electronically 

13 record that the inspection indicates that the containers have 

14 not been compromised by terrorists or terrorist weapons. 

15 (e) DEFINITION.—In this section, the term ‘‘Container 

16 Security Initiative’’ or ‘‘CSI’’ means the program carried 

17 out by the Department of Homeland Security under which 

18 the Department enters into agreements with foreign sea19 ports to— 

20 (1) establish security criteria to identify high21 risk maritime cargo containers bound for the United 

22 States based on advance information; and 

23 (2) screen or inspect such maritime cargo con24 tainers for potential compromise by terrorists or ter-
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1 rorist weapons prior to shipment to the United 

2 States. 

3 SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS. 

4 (a) REGULATIONS.— 

5 (1) IN GENERAL.—Not later than 180 days after 

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

7 Homeland Security shall issue regulations for the se8 curity of maritime cargo containers moving within 

9 the intermodal transportation system in accordance 

10 with the requirements of paragraph (2). 

11 (2) REQUIREMENTS.—The regulations issued 

12 pursuant to paragraph (1) shall be in accordance 

13 with recommendations of the Maritime Transpor14 tation Security Act Subcommittee of the Advisory 

15 Committee on Commercial Operations of the Depart16 ment of Homeland Security, including recommenda17 tions relating to obligation to seal, recording of seal 

18 changes, modal changes, seal placement, ocean carrier 

19 seal verification, and addressing seal anomalies. 

20 (b) INTERNATIONAL AGREEMENTS.—The Secretary 

21 shall seek to enter into agreements with foreign countries 

22 and international organizations to establish standards for 

23 the security of maritime cargo containers moving within 

24 the intermodal transportation system that, to the maximum 
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1 extent practicable, meet the requirements of subsection 

2 (a)(2). 

3 (c) CONTAINER TARGETING STRATEGY.— 

4 (1) STRATEGY.—The Secretary shall develop a 

5 strategy to improve the ability of the Department of 

6 Homeland Security to use information contained in 

7 shipping bills of lading to identify and provide addi8 tional review of anomalies in such bills of lading. The 

9 strategy shall include a method of contacting shippers 

10 in a timely fashion to verify or explain any anoma11 lies in shipping bills of lading. 

12 (2) REPORT.—Not later than 90 days after the 

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

14 submit to the appropriate congressional committees a 

15 report on the implementation of this subsection, in16 cluding information on any data searching tech17 nologies that will be used to implement the strategy. 

18 (d) CONTAINER SECURITY DEMONSTRATION PRO19 GRAM.— 

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

21 establish and carry out a demonstration program that 

22 integrates nonintrusive inspection equipment, includ23 ing radiation detection equipment and gamma ray 

24 inspection equipment, at an appropriate United 

25 States seaport, as determined by the Secretary. 
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1 (2) REQUIREMENT.—The demonstration pro2 gram shall also evaluate automatic identification 

3 methods for containers and vehicles and a data shar4 ing network capable of transmitting inspection data 

5 between ports and appropriate entities within the De6 partment of Homeland Security. 

7 (3) REPORT.—Upon completion of the dem8 onstration program, the Secretary shall submit to the 

9 appropriate congressional committees a report on the 

10 implementation of this subsection. 

11 (e) CONSOLIDATION OF CONTAINER SECURITY PRO12 GRAMS.—The Secretary shall consolidate all programs of 

13 the Department of Homeland Security relating to the secu14 rity of maritime cargo containers, including the demonstra15 tion program established pursuant to subsection (d), to 

16 achieve enhanced coordination and efficiency. 

17 SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT RON18 ALD REAGAN WASHINGTON NATIONAL AIR19 PORT. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Secretary of Homeland Security shall imple22 ment section 823(a) of the Vision 100—Century of Aviation 

23 Reauthorization Act (49 U.S.C. 41718 note; 117 Stat. 

24 2595). 
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1 SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE. 

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

3 (1) The 9/11 Commission determined that the in4 ability of first responders to communicate effectively 

5 on September 11, 2001 was a critical obstacle to an 

6 effective multi-jurisdictional response. 

7 (2) Many jurisdictions across the country still 

8 experience difficulties communicating that may con9 tribute to confusion, delays, or added risks when re10 sponding to an emergency. 

11 (3) During fiscal year 2004, the Office for Do12 mestic Preparedness awarded over $834,000,000 for 

13 2,912 projects through Department of Homeland Se14 curity grant programs for the purposes of improving 

15 communications interoperability. 

16 (4) Interoperable communications systems are 

17 most effective when designed to comprehensively ad18 dress, on a regional basis, the communications of all 

19 types of public safety agencies, first responder dis20 ciplines, and State and local government facilities. 

21 (5) Achieving communications interoperability is 

22 complex due to the extensive training, system modi23 fications, and agreements among the different juris24 dictions that are necessary to implement effective 

25 communications systems. 
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1 (6) The Congress authorized the Department of 

2 Homeland Security to create an Office for Interoper3 ability and Compatibility in the Intelligence Reform 

4 and Terrorism Prevention Act of 2004 to, among 

5 other things, establish a comprehensive national ap6 proach, coordinate federal activities, accelerate the 

7 adoption of standards, and encourage research and 

8 development to achieve interoperable communications 

9 for first responders. 

10 (7) The Office for Interoperability and Compat11 ibility includes the SAFECOM Program that serves 

12 as the umbrella program within the Federal govern13 ment to improve public safety communications inter14 operability, and has developed the RAPIDCOM pro15 gram, the Statewide Communications Interoperability 

16 Planning Methodology, and a Statement of Require17 ments to provide technical, planning, and purchasing 

18 assistance for Federal departments and agencies, 

19 State and local governments, and first responders. 

20 (b) SENSE OF CONGRESS.—It is the sense of the Con21 gress that the Department of Homeland Security should im22 plement as expeditiously as possible the initiatives assigned 

23 to the Office for Interoperability and Compatibility under 

24 section 7303 of the Intelligence Reform and Terrorism Pre-
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1 vention Act of 2004 (6 U.S.C. 194), including specifically 

2 the following: 

3 (1) Establishing a comprehensive national ap4 proach to achieving public safety interoperable com5 munications. 

6 (2) Issuing letters of intent to commit future 

7 funds for jurisdictions through existing homeland se8 curity grant programs to applicants as appropriate 

9 to encourage long-term investments that may signifi10 cantly improve communications interoperability. 

11 (3) Providing technical assistance to additional 

12 urban and other high-risk areas to support the estab13 lishment of consistent, secure, and effective interoper14 able communications capabilities. 

15 (4) Completing the report to the Congress on the 

16 Department’s plans for accelerating the development 

17 of national voluntary consensus standards for public 

18 safety interoperable communications, a schedule of 

19 milestones for such development, and achievements of 

20 such development, by no later than 30 days after the 

21 date of enactment of this Act. 
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1 SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF 

2 RECOMMENDATIONS REGARDING PROTEC3 TION OF AGRICULTURE. 

4 The Secretary of Homeland Security shall report to 

5 the Committee on Homeland Security of the House of Rep6 resentatives and the Committee on Homeland Security and 

7 Governmental Affairs of the Senate by no later than 120 

8 days after the date of the enactment of this Act regarding 

9 how the Department of Homeland Security will implement 

10 the applicable recommendations from the Government Ac11 countability Office report entitled ‘‘Homeland Security: 

12 Much is Being Done to Protect Agriculture from a Terrorist 

13 Attack, but Important Challenges Remain’’ (GAO–05–214). 

14 Subtitle B—Department of Home15 land Security Cybersecurity En16 hancement 

17 SEC. 311. SHORT TITLE. 

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

19 Homeland Security Cybersecurity Enhancement Act of 

20 2005’’. 

21 SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY. 

22 (a) IN GENERAL.—Subtitle A of title II of the Home23 land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 

24 amended by adding at the end the following: 
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1 ‘‘SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY. 

2 ‘‘(a) IN GENERAL.—There shall be in the Directorate 

3 for Information Analysis and Infrastructure Protection a 

4 National Cybersecurity Office headed by an Assistant Sec5 retary for Cybersecurity (in this section referred to as the 

6 ‘Assistant Secretary’), who shall assist the Secretary in pro7 moting cybersecurity for the Nation. 

8 ‘‘(b) GENERAL AUTHORITY.—The Assistant Secretary, 

9 subject to the direction and control of the Secretary, shall 

10 have primary authority within the Department for all 

11 cybersecurity-related critical infrastructure protection pro12 grams of the Department, including with respect to policy 

13 formulation and program management. 

14 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

15 Assistant Secretary shall include the following: 

16 ‘‘(1) To establish and manage— 

17 ‘‘(A) a national cybersecurity response sys18 tem that includes the ability to— 

19 ‘‘(i) analyze the effect of cybersecurity 

20 threat information on national critical in21 frastructure; and 

22 ‘‘(ii) aid in the detection and warning 

23 of attacks on, and in the restoration of, 

24 cybersecurity infrastructure in the after25 math of such attacks; 
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1 ‘‘(B) a national cybersecurity threat and 

2 vulnerability reduction program that identifies 

3 cybersecurity vulnerabilities that would have a 

4 national effect on critical infrastructure, per5 forms vulnerability assessments on information 

6 technologies, and coordinates the mitigation of 

7 such vulnerabilities; 

8 ‘‘(C) a national cybersecurity awareness 

9 and training program that promotes 

10 cybersecurity awareness among the public and 

11 the private sectors and promotes cybersecurity 

12 training and education programs; 

13 ‘‘(D) a government cybersecurity program 

14 to coordinate and consult with Federal, State, 

15 and local governments to enhance their 

16 cybersecurity programs; and 

17 ‘‘(E) a national security and international 

18 cybersecurity cooperation program to help foster 

19 Federal efforts to enhance international 

20 cybersecurity awareness and cooperation. 

21 ‘‘(2) To coordinate with the private sector on the 

22 program under paragraph (1) as appropriate, and to 

23 promote cybersecurity information sharing, vulner24 ability assessment, and threat warning regarding 

25 critical infrastructure. 
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1 ‘‘(3) To coordinate with other directorates and 

2 offices within the Department on the cybersecurity as3 pects of their missions. 

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

5 Emergency Preparedness and Response to ensure that 

6 the National Response Plan developed pursuant to 

7 section 502(6) of the Homeland Security Act of 2002 

8 (6 U.S.C. 312(6)) includes appropriate measures for 

9 the recovery of the cybersecurity elements of critical 

10 infrastructure. 

11 ‘‘(5) To develop processes for information shar12 ing with the private sector, consistent with section 

13 214, that— 

14 ‘‘(A) promote voluntary cybersecurity best 

15 practices, standards, and benchmarks that are 

16 responsive to rapid technology changes and to 

17 the security needs of critical infrastructure; and 

18 ‘‘(B) consider roles of Federal, State, local, 

19 and foreign governments and the private sector, 

20 including the insurance industry and auditors. 

21 ‘‘(6) To coordinate with the Chief Information 

22 Officer of the Department in establishing a secure in23 formation sharing architecture and information shar24 ing processes, including with respect to the Depart25 ment’s operation centers. 
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1 ‘‘(7) To consult with the Electronic Crimes Task 

2 Force of the United States Secret Service on private 

3 sector outreach and information activities. 

4 ‘‘(8) To consult with the Office for Domestic Pre5 paredness to ensure that realistic cybersecurity sce6 narios are incorporated into tabletop and recovery ex7 ercises. 

8 ‘‘(9) To consult and coordinate, as appropriate, 

9 with other Federal agencies on cybersecurity-related 

10 programs, policies, and operations. 

11 ‘‘(10) To consult and coordinate within the De12 partment and, where appropriate, with other relevant 

13 Federal agencies, on security of digital control sys14 tems, such as Supervisory Control and Data Acquisi15 tion (SCADA) systems. 

16 ‘‘(d) AUTHORITY OVER THE NATIONAL COMMUNICA17 TIONS SYSTEM.—The Assistant Secretary shall have pri18 mary authority within the Department over the National 

19 Communications System.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents in 

21 section 1(b) of such Act is amended by adding at the end 

22 of the items relating to subtitle A of title II the following: 

‘‘Sec. 207. Assistant Secretary for Cybersecurity.’’. 

23 SEC. 313. CYBERSECURITY DEFINED. 

24 Section 2 of the Homeland Security Act of 2002 (6 

25 U.S.C. 101) is amended by adding at the end the following: 
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1 ‘‘(17)(A) The term ‘cybersecurity’ means the pre2 vention of damage to, the protection of, and the res3 toration of computers, electronic communications sys4 tems, electronic communication services, wire commu5 nication, and electronic communication, including in6 formation contained therein, to ensure its avail7 ability, integrity, authentication, confidentiality, and 

8 nonrepudiation. 

9 ‘‘(B) In this paragraph— 

10 ‘‘(i) each of the terms ‘damage’ and ‘com11 puter’ has the meaning that term has in section 

12 1030 of title 18, United States Code; and 

13 ‘‘(ii) each of the terms ‘electronic commu14 nications system’, ‘electronic communication 

15 service’, ‘wire communication’, and ‘electronic 

16 communication’ has the meaning that term has 

17 in section 2510 of title 18, United States Code.’’. 

18 SEC. 314. CYBERSECURITY TRAINING PROGRAMS AND 

19 EQUIPMENT. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity, acting through the Assistant Secretary for 

22 Cybersecurity, may establish, in conjunction with the Na23 tional Science Foundation, a program to award grants to 

24 institutions of higher education (and consortia thereof) 

25 for— 
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1 (1) the establishment or expansion of 

2 cybersecurity professional development programs; 

3 (2) the establishment or expansion of associate 

4 degree programs in cybersecurity; and 

5 (3) the purchase of equipment to provide train6 ing in cybersecurity for either professional develop7 ment programs or degree programs. 

8 (b) ROLES.— 

9 (1) DEPARTMENT OF HOMELAND SECURITY.— 

10 The Secretary, acting through the Assistant Secretary 

11 for Cybersecurity and in consultation with the Direc12 tor of the National Science Foundation, shall establish 

13 the goals for the program established under this sec14 tion and the criteria for awarding grants under the 

15 program. 

16 (2) NATIONAL SCIENCE FOUNDATION.—The Di17 rector of the National Science Foundation shall oper18 ate the program established under this section con19 sistent with the goals and criteria established under 

20 paragraph (1), including soliciting applicants, re21 viewing applications, and making and administering 

22 grant awards. The Director may consult with the As23 sistant Secretary for Cybersecurity in selecting 

24 awardees. 
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1 (3) FUNDING.—The Secretary shall transfer to 

2 the National Science Foundation the funds necessary 

3 to carry out this section. 

4 (c) GRANT AWARDS.— 

5 (1) PEER REVIEW.—All grant awards under this 

6 section shall be made on a competitive, merit-reviewed 

7 basis. 

8 (2) FOCUS.—In making grant awards under this 

9 section, the Director shall, to the extent practicable, 

10 ensure geographic diversity and the participation of 

11 women and underrepresented minorities. 

12 (3) PREFERENCE.—In making grant awards 

13 under this section, the Director shall give preference 

14 to applications submitted by consortia of institutions 

15 to encourage as many students and professionals as 

16 possible to benefit from this program. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

18 amount authorized under section 101, there is authorized 

19 to be appropriated to the Secretary for carrying out this 

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

21 (e) DEFINITIONS.—In this section, the term ‘‘institu22 tion of higher education’’ has the meaning given that term 

23 in section 101(a) of the Higher Education Act of 1965 (20 

24 U.S.C. 1001(a)). 
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1 SEC. 315. INFORMATION SECURITY REQUIREMENTS AND 

2 OMB RESPONSIBILITIES NOT AFFECTED. 

3 (a) IN GENERAL.—This subtitle does not affect— 

4 (1) any information security requirement under 

5 any other Federal law; or 

6 (2) the responsibilities of the Director of the Of7 fice of Management and Budget under any other Fed8 eral law. 

9 (b) LAWS INCLUDED.—The laws referred to in sub10 section (a) include the following: 

11 (1) Chapter 35 of title 44, United States Code, 

12 popularly known as the Paperwork Reduction Act. 

13 (2) The Clinger-Cohen Act of 1996 (divisions D 

14 and E of Public Law 104–106), including the provi15 sions of law enacted by amendments made by that 

16 Act. 

17 (3) The Federal Information Security Manage18 ment Act of 2002 (title III of Public Law 107–347), 

19 including the provisions of law enacted by amend20 ments made by that Act. 

21 Subtitle C—Security of Public 

22 Transportation Systems 

23 SEC. 321. SECURITY BEST PRACTICES. 

24 Not later than 120 days after the date of enactment 

25 of this Act, the Secretary of Homeland Security shall de26 velop, disseminate to appropriate owners, operators, and 
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1 providers of public transportation systems, public transpor2 tation employees and employee representatives, and Fed3 eral, State, and local officials, and transmit to Congress, 

4 a report containing best practices for the security of public 

5 transportation systems. In developing best practices, the 

6 Secretary shall be responsible for consulting with and col7 lecting input from owners, operators, and providers of pub8 lic transportation systems, public transportation employee 

9 representatives, first responders, industry associations, pri10 vate sector experts, academic experts, and appropriate Fed11 eral, State, and local officials. 

12 SEC. 322. PUBLIC AWARENESS. 

13 Not later than 90 days after the date of enactment of 

14 this Act, the Secretary of Homeland Security shall develop 

15 a national plan for public outreach and awareness. Such 

16 plan shall be designed to increase awareness of measures 

17 that the general public, public transportation passengers, 

18 and public transportation employees can take to increase 

19 public transportation system security. Such plan shall also 

20 provide outreach to owners, operators, providers, and em21 ployees of public transportation systems to improve their 

22 awareness of available technologies, ongoing research and 

23 development efforts, and available Federal funding sources 

24 to improve public transportation security. Not later than 

25 9 months after the date of enactment of this Act, the Sec-
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1 retary shall implement the plan developed under this sec2 tion. 

3 Subtitle D—Critical Infrastructure 

4 Prioritization 

5 SEC. 331. CRITICAL INFRASTRUCTURE. 

6 (a) COMPLETION OF PRIORITIZATION.—Not later than 

7 90 days after the date of the enactment of this Act, the Sec8 retary of Homeland Security shall complete the 

9 prioritization of the Nation’s critical infrastructure accord10 ing to all of the following criteria: 

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

12 information received and analyzed by the Office of 

13 Information Analysis of the Department regarding 

14 the intentions and capabilities of terrorist groups and 

15 other potential threats to the Nation’s critical infra16 structure. 

17 (2) The likelihood that an attack would cause the 

18 destruction or significant disruption of such infra19 structure. 

20 (3) The likelihood that an attack would result in 

21 substantial numbers of deaths and serious bodily in22 juries, a substantial adverse impact on the national 

23 economy, or a substantial adverse impact on national 

24 security. 
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1 (b) COOPERATION.—Such prioritization shall be devel2 oped in cooperation with other relevant Federal agencies, 

3 State, local, and tribal governments, and the private sector, 

4 as appropriate. 

5 SEC. 332. SECURITY REVIEW. 

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

7 date of the enactment of this Act, the Secretary, in coordina8 tion with other relevant Federal agencies, State, local, and 

9 tribal governments, and the private sector, as appropriate, 

10 shall— 

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

12 and private sector plans for securing the critical in13 frastructure included in the prioritization developed 

14 under section 331; 

15 (2) recommend changes to existing plans for se16 curing such infrastructure, as the Secretary deter17 mines necessary; and 

18 (3) coordinate and contribute to protective efforts 

19 of other Federal, State, local, and tribal agencies and 

20 the private sector, as appropriate, as directed in 

21 Homeland Security Presidential Directive 7. 

22 (b) CONTENTS OF PLANS.—The recommendations 

23 made under subsection (a)(2) shall include— 
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1 (1) necessary protective measures to secure such 

2 infrastructure, including milestones and timeframes 

3 for implementation; and 

4 (2) to the extent practicable, performance metrics 

5 to evaluate the benefits to both national security and 

6 the Nation’s economy from the implementation of 

7 such protective measures. 

8 SEC. 333. IMPLEMENTATION REPORT. 

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

10 date of the enactment of this Act, the Secretary shall submit 

11 a report to the Committee on Homeland Security of the 

12 House of Representatives and the Committee on Homeland 

13 Security and Governmental Affairs of the Senate on the im14 plementation of section 332. Such report shall detail— 

15 (1) the Secretary’s review and coordination of se16 curity plans under section 332; and 

17 (2) the Secretary’s oversight of the execution and 

18 effectiveness of such plans. 

19 (b) UPDATE.—Not later than 1 year after the submis20 sion of the report under subsection (a), the Secretary shall 

21 provide an update of such report to the congressional com22 mittees described in subsection (a). 
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1 SEC. 334. PROTECTION OF INFORMATION. 

2 Information that is generated, compiled, or dissemi3 nated by the Department of Homeland Security in carrying 

4 out this section— 

5 (1) is exempt from disclosure under section 552 

6 of title 5, United States Code; and 

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

8 a State or local government or government agency— 

9 (A) be made available pursuant to any 

10 State or local law requiring disclosure of infor11 mation or records; 

12 (B) otherwise be disclosed or distributed to 

13 any person by such State or local government or 

14 government agency without the written consent 

15 of the Secretary; or 

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

17 protecting critical infrastructure or protected 

18 systems, or in furtherance of an investigation or 

19 the prosecution of a criminal act. 

20 TITLE IV—MISCELLANEOUS 

21 SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDI22 NATION AND OPERATIONS. 

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

24 findings: 

25 (1) In creating the Department of Homeland Se26 curity, the Congress sought to enhance the Nation’s 
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1 capabilities to prevent, protect against, and respond 

2 to terrorist acts by consolidating existing Federal 

3 agencies with homeland security functions into a sin4 gle new Department, and by realigning the missions 

5 of those legacy agencies to more directly support our 

6 national homeland security efforts. 

7 (2) As part of this massive government reorga8 nization, section 442 of the Homeland Security Act of 

9 2002 (Public Law 107–273) established a Bureau of 

10 Border Security and transferred into it all of the 

11 functions, programs, personnel, assets, and liabilities 

12 pertaining to the following programs: the Border Pa13 trol; alien detention and removal; immigration-re14 lated intelligence, investigations, and enforcement ac15 tivities; and immigration inspections at ports of 

16 entry. 

17 (3) Title IV of the Homeland Security Act of 

18 2002 (Public Law 107–273) also transferred to the 

19 new Department the United States Customs Service, 

20 as a distinct entity within the new Department, to 

21 further the Department’s border integrity mission. 

22 (4) Utilizing its reorganization authority pro23 vided in the Homeland Security Act of 2002, the 

24 President submitted a reorganization plan for the De25 partment on January 30, 2003. 
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1 (5) This plan merged the customs and immigra2 tion border inspection and patrol functions, along 

3 with agricultural inspections functions, into a new 

4 entity called United States Customs and Border Pro5 tection. 

6 (6) The plan also combined the customs and im7 migration enforcement agents, as well as the Office of 

8 Detention and Removal Operations, the Office of Fed9 eral Protective Service, the Office of Federal Air Mar10 shal Service, and the Office of Intelligence, into an11 other new entity called United States Immigration 

12 and Customs Enforcement. 

13 (7) The President’s January 30, 2003, reorga14 nization plan did not explain the reasons for sepa15 rating immigration inspection and border patrol 

16 functions from other immigration-related enforcement 

17 activities, which was contrary to the single Bureau of 

18 Border Security as prescribed by the Congress in the 

19 section 441 of the Homeland Security Act of 2002. 

20 (8) Two years after this structure has been in ef21 fect, questions remain about whether the Department 

22 has organized itself properly, and is managing its 

23 customs and immigration enforcement and border se24 curity resources in the most efficient, sensible, and ef25 fective manner. 
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1 (9) The current structure has resulted in less co2 operation and information sharing between these two 

3 critical functions than is desirable, and has caused 

4 operational and administrative difficulties that are 

5 hampering efforts to secure our borders and ensure the 

6 integrity of our border control system. 

7 (10) United States Immigration and Customs 

8 Enforcement has faced major budgetary challenges 

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

10 of resources upon the separation of immigration func11 tions. These budget shortfalls have forced United 

12 States Immigration and Customs Enforcement to im13 pose hiring freezes and to release aliens that otherwise 

14 should be detained. 

15 (11) The current structure also has resulted in 

16 unnecessary overlap and duplication between United 

17 States Immigration and Customs Enforcement and 

18 United States Customs and Border Protection, both 

19 in the field and at the headquarters level. There are 

20 intelligence, legislative affairs, public affairs, and 

21 international affairs offices in both agencies. 

22 (12) Border security and customs and immigra23 tion enforcement should be one seamless mission. 

24 (b) REPORT.— 
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1 (1) IN GENERAL.—Not later than 30 days after 

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

3 Homeland Security shall review and evaluate the cur4 rent organizational structure of the Department of 

5 Homeland Security established by the President’s 

6 January 30, 2003, reorganization plan and submit a 

7 report of findings and recommendations to the Con8 gress. 

9 (2) CONTENTS OF REPORT.—The report shall in10 clude— 

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

12 any benefits of, the current organizational divi13 sion of United States Immigration and Customs 

14 Enforcement and United States Customs and 

15 Border Protection, with respect to the Depart16 ment’s immigration and customs missions; 

17 (B) a description of the organization, mis18 sions, operations, and policies of United States 

19 Customs and Border Protection and United 

20 States Immigration and Customs Enforcement, 

21 and areas of unnecessary overlap or operational 

22 gaps among and between these missions; 

23 (C) an analysis of alternative organiza24 tional structures that could provide a more effec-
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1 tive way to deliver maximum efficiencies and 

2 mission success; 

3 (D) a description of the current role of the 

4 Directorate of Border and Transportation Secu5 rity with respect to providing adequate direction 

6 and oversight of the two agencies, and whether 

7 this management structure is still necessary; 

8 (E) an analysis of whether the Federal Air 

9 Marshals and the Federal Protective Service are 

10 properly located within the Department within 

11 United States Immigration and Customs En12 forcement; 

13 (F) the proper placement and functions of 

14 a specialized investigative and patrol unit oper15 ating at the southwest border on the Tohono 

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

17 (G) the potential costs of reorganization, in18 cluding financial, programmatic, and other 

19 costs, to the Department; and 

20 (H) recommendations for correcting the 

21 operational and administrative problems that 

22 have been caused by the division of United States 

23 Customs and Border Protection and United 

24 States Immigration and Customs Enforcement, 

25 including any appropriate reorganization plans. 
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1 SEC. 402. GAO REPORT TO CONGRESS. 

2 Not later than 6 months after the date of the enactment 

3 of this Act, the Comptroller General of the United States 

4 shall submit to the Congress a report that sets forth— 

5 (1) an assessment of the effectiveness of the orga6 nizational and management structure of the Depart7 ment of Homeland Security in meeting the Depart8 ment’s missions; and 

9 (2) recommendations to facilitate and improve 

10 the organization and management of the Department 

11 to best meet those missions. 

12 SEC. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND 

13 COLOCATED REGIONAL OFFICES. 

14 Not later than 60 days after the date of the enactment 

15 of this Act, the Secretary of Homeland Security shall de16 velop and submit to the Congress a plan for establishing 

17 consolidated and colocated regional offices for the Depart18 ment of Homeland Security in accordance with section 706 

19 of the Homeland Security Act of 2002 (6 U.S.C. 346). 

20 SEC. 404. PLAN TO REDUCE WAIT TIMES. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Secretary of Homeland Security shall de23 velop a plan— 

24 (1) to improve the operational efficiency of secu25 rity screening checkpoints at commercial service air-
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1 ports so that average peak waiting periods at such 

2 checkpoints do not exceed 20 minutes; and 

3 (2) to ensure that there are no significant dis4 parities in immigration and customs processing times 

5 among airports that serve as international gateways. 

6 SEC. 405. DENIAL OF TRANSPORTATION SECURITY CARD. 

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

8 amended— 

9 (1) in paragraph (3) by inserting before the pe10 riod ‘‘before an administrative law judge’’; and 

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

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

13 (1)(D), the Secretary shall not 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 Se20 curity Act of 2002 (6 U.S.C. 101)).’’. 
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1 SEC. 406. 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 and 

12 Border Protection operating on the Tohono O’odham In13 dian reservation (commonly known as the ‘Shadow Wolves’ 

14 unit). 

15 (b) ESTABLISHMENT OF NEW UNITS.—The Secretary 

16 is authorized to establish within the Bureau of Immigration 

17 and Customs Enforcement additional units of Customs Pa18 trol Officers in accordance with this section. 

19 (c) DUTIES.—The Secretary is authorized to establish 

20 within the Bureau of Immigration and Customs Enforce21 ment additional units of Customs Patrol Officers in accord22 ance with this section. 

23 (d) BASIC PAY FOR JOURNEYMAN OFFICERS.—The 

24 rate of basic pay for a journeyman Customs Patrol Officer 

25 in a unit described in this section shall be not less than 

26 the rate of basic pay for GS–13 of the General Schedule. 
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1 (e) SUPERVISORS.—Each unit described under this 

2 section shall be supervised by a Chief Customs Patrol Offi3 cer, who shall have the same rank as a resident agent-in4 charge of the Office of Investigations. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Department 

7 of Homeland Security Authorization Act for 

8 Fiscal Year 2006’’. 

9 SEC. 2. TABLE OF CONTENTS. 

10 The table of contents for this Act is as fol11 lows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Department of Homeland Security. 

Sec. 102. Border patrol agents. 

Sec. 103. Departmental management and operations. 

Sec. 104. Critical infrastructure grants. 

Sec. 105. Research and development. 

Sec. 106. Border and transportation security. 

Sec. 107. State and local terrorism preparedness. 

Sec. 108. Authorization of appropriations for training of State 

and local personnel in border States performing 

immigration functions. 

Sec. 109. Metropolitan medical response system. 

TITLE II—TERRORISM PREVENTION, INFORMATION 

SHARING, AND RISK ASSESSMENT 

Subtitle A—Terrorism Prevention 

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

Sec. 202. Consolidated background check process. 

Subtitle B—Homeland Security Information Sharing and 

Analysis Enhancement 

Sec. 211. Short title. 

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

sector officials. 
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Sec. 213. Analytic expertise on the threats from biological 

agents and nuclear weapons. 

Sec. 214. Alternative analysis of homeland security information. 

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

Sec. 216. Authority for disseminating homeland security information. 

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

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

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

Sec. 220. Administration of the Homeland Security Information 

Network. 

Sec. 221. IAIP personnel recruitment. 

Sec. 222. Information collection requirements and priorities. 

Sec. 223. Homeland Security Advisory System. 

Sec. 224. Use of open-source information. 

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

TITLE III—DOMESTIC PREPAREDNESS AND PROTECTION 

Subtitle A—Preparedness and Protection 

Sec. 301. National terrorism exercise program. 

Sec. 302. Technology development and transfer. 

Sec. 303. Review of antiterrorism acquisitions. 

Sec. 304. Center of Excellence for Border Security. 

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

Sec. 306. Security of maritime cargo containers. 

Sec. 307. Security plan for general aviation at Ronald Reagan 

Washington National Airport. 

Sec. 308. Interoperable communications assistance. 

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

Subtitle B—Department of Homeland Security Cybersecurity 

Enhancement 

Sec. 311. Short title. 

Sec. 312. Assistant secretary for cybersecurity. 

Sec. 313. Cybersecurity defined. 

Sec. 314. Cybersecurity training programs and equipment. 

Subtitle C—Security of public transportation systems 

Sec. 321. Security best practices. 

Sec. 322. Public awareness. 

Subtitle D—Critical infrastructure prioritization 

Sec. 331. Critical infrastructure. 

Sec. 332. Security review. 

Sec. 333. Implementation report. 

Sec. 334. Protection of information. 
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TITLE IV—MISCELLANEOUS 

Sec. 401. Border security and enforcement coordination and 

operations. 

Sec. 402. GAO report to Congress. 

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

Sec. 404. Plan to reduce wait times. 

Sec. 405. Denial of transportation security card. 

Sec. 406. Transfer of existing Customs Patrol Officers unit and 

establishment of new CPO units in the Bureau of 

Immigration and Customs Enforcement. 

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

4 There is authorized to be appropriated to 

5 the Secretary of Homeland Security for the 

6 necessary expenses of the Department of 

7 Homeland Security for fiscal year 2006, 

8 $34,152,143,000. 

9 SEC. 102. BORDER PATROL AGENTS. 

10 Of the amount authorized under section 

11 101, there is authorized to be appropriated for 

12 fiscal year 2006 for border security and con13 trol between ports of entry, including for the 

14 hiring of 2,000 border patrol agents in addi15 tion to the number employed on the date of 

16 enactment of this Act, and related training 

17 and support costs, $1,916,427,000. 
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1 SEC. 103. DEPARTMENTAL MANAGEMENT AND OPER2 ATIONS. 

3 Of the amount authorized under section 

4 101, there is authorized to be appropriated for 

5 fiscal year 2006 for departmental manage6 ment and operations, $634,687,000, of which—

7 (1) $44,895,000 is authorized for the 

8 Department of Homeland Security Re9 gions Initiative; 

10 (2) $4,459,000 is authorized for Oper11 ation Integration Staff; and 

12 (3) $56,278,000 is authorized for Office 

13 of Security initiatives. 

14 SEC. 104. CRITICAL INFRASTRUCTURE GRANTS. 

15 Of the amount authorized under section 

16 101, there is authorized to be appropriated for 

17 fiscal year 2006 for grants and other assist18 ance to improve critical infrastructure pro19 tection, $500,000,000. 

20 SEC. 105. RESEARCH AND DEVELOPMENT. 

21 Of the amount authorized under section 

22 101, there are authorized to be appropriated 

23 for fiscal year 2006—

24 (1) $76,573,000 to support chemical 

25 countermeasure development activities of 
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1 the Directorate of Science and Tech2 nology; 

3 (2) $197,314,000 to support a nuclear 

4 detection office and related activities of 

5 such directorate; 

6 (3) $10,000,000 for research and devel7 opment of technologies capable of coun8 tering threats posed by man-portable air 

9 defense systems, including location-based 

10 technologies and noncommercial aircraft11 based technologies; and 

12 (4) $10,600,000 for the activities of 

13 such directorate conducted pursuant to 

14 subtitle G of title VIII of the Homeland 

15 Security Act of 2002 (6 U.S.C. 441 et seq.). 

16 SEC. 106. BORDER AND TRANSPORTATION SECURITY. 

17 Of the amount authorized under section 

18 101, there are authorized to be appropriated 

19 for fiscal year 2006—

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

21 to Screening Coordination and Oper22 ations of the Directorate of Border and 

23 Transportation Security; 
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1 (2) $100,000,000 for weapons of mass 

2 destruction detection technology of such 

3 directorate; and 

4 (3) $133,800,000 for the Container Se5 curity Initiative of such directorate. 

6 SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS. 

7 Of the amount authorized under section 

8 101, there is authorized to be appropriated for 

9 fiscal year 2006—

10 (1) $40,500,000 for the activities of the 

11 Office for Interoperability and Compat12 ibility within the Directorate of Science 

13 and Technology pursuant to section 7303 

14 of the Intelligence Reform and Terrorism 

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

16 (2) $1,000,000,000 for discretionary 

17 grants for high-threat, high-density 

18 urban areas awarded by the Office of 

19 State and Local Government Coordina20 tion and Preparedness. 
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1 SEC. 108. AUTHORIZATION OF APPROPRIATIONS FOR 

2 TRAINING OF STATE AND LOCAL PERSONNEL 

3 IN BORDER STATES PERFORMING IMMIGRA4 TION FUNCTIONS. 

5 (a) IN GENERAL.—To carry out subsection 

6 (b), subject to such limitations as may be pro7 vided in Acts making appropriations for Man8 agement and Administration for U.S. Immi9 gration and Customs Enforcement, there are 

10 authorized to be appropriated from such 

11 amounts $40,000,000 for fiscal year 2006, to re12 main available until September 30, 2007, for 

13 the purpose of enhancing the integrity of the 

14 border security system of the United States 

15 against the threat of terrorism. 

16 (b) USE OF FUNDS.—From amounts made 

17 available under subsection (a), the Secretary 

18 of Homeland Security may reimburse a State 

19 or political subdivision described in sub20 section (c) for the expenses described in sub21 section (d). 

22 (c) ELIGIBLE RECIPIENTS.—A State, or a po23 litical subdivision of a State, is eligible for re24 imbursement under subsection (b) if the State 

25 or political subdivision—
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1 (1) contains a location that is 30 miles 

2 or less from a border or coastline of the 

3 United States; 

4 (2) has entered into a written agree5 ment described in section 287(g) of the 

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

7 1357(g)) under which certain officers or 

8 employees of the State or subdivision 

9 may be authorized to perform certain 

10 functions of an immigration officer; and 

11 (3) desires such officers or employees 

12 to receive training from the Department 

13 of Homeland Security in relation to such 

14 functions. 

15 (d) EXPENSES.—The expenses described in 

16 this subsection are actual and necessary ex17 penses incurred by the State or political sub18 division in order to permit the training de19 scribed in subsection (c)(3) to take place, in20 cluding expenses such as the following: 

21 (1) Costs of travel and transportation 

22 to locations where training is provided, 

23 including mileage and related allowances 

24 for the use of a privately owned auto25 mobile. 
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1 (2) Subsistence consisting of lodging, 

2 meals, and other necessary expenses for 

3 the personal sustenance and comfort of a 

4 person required to travel away from the 

5 person’s regular post of duty in order to 

6 participate in the training. 

7 (3) A per diem allowance paid instead 

8 of actual expenses for subsistence and 

9 fees or tips to porters and stewards. 

10 (4) Costs of securing temporary re11 placements for personnel traveling to, 

12 and participating in, the training. 

13 SEC. 109. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

14 Of the amount authorized under section 

15 101, there is authorized to be appropriated 

16 $75,000,000 for fiscal year 2006 for the Metro17 politan Medical Response System. 

18 TITLE II—TERRORISM PREVEN19 TION, INFORMATION SHAR20 ING, AND RISK ASSESSMENT 

21 Subtitle A—Terrorism Prevention 

22 SEC. 201. TERRORISM PREVENTION PLAN AND RELATED 

23 BUDGET SUBMISSION. 

24 (a) DEPARTMENT OF HOMELAND SECURITY

25 TERRORISM PREVENTION PLAN.—
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1 (1) REQUIREMENTS.—Not later than 1 

2 year after the date of enactment of the 

3 Act, and on a regular basis thereafter, the 

4 Secretary of Homeland Security shall 

5 prepare and submit to the Committee on 

6 Homeland Security of the House of Rep7 resentatives and the Committee on Home8 land Security and Governmental Affairs 

9 of the Senate a Department of Homeland 

10 Security Terrorism Prevention Plan. The 

11 Plan shall be a comprehensive and inte12 grated plan that includes the goals, objec13 tives, milestones, and key initiatives of 

14 the Department of Homeland Security to 

15 prevent acts of terrorism on the United 

16 States, including its territories and inter17 ests. 

18 (2) CONTENTS.—The Secretary shall in19 clude in the Plan the following elements: 

20 (A) Identification and 

21 prioritization of groups and sub22 groups that pose the most significant 

23 threat of committing acts of terrorism 

24 on the United States and its interests. 
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1 (B) Identification of the most sig2 nificant current, evolving, and long3 term terrorist threats to the United 

4 States and its interests, including an 

5 evaluation of—

6 (i) the materials that may be 

7 used to carry out a potential at8 tack; 

9 (ii) the methods that may be 

10 used to carry out a potential at11 tack; and 

12 (iii) the outcome the perpetra13 tors of acts of terrorism aim to 

14 achieve. 

15 (C) A prioritization of the threats 

16 identified under subparagraph (B), 

17 based on an assessment of probability 

18 and consequence of such attacks. 

19 (D) A description of processes and 

20 procedures that the Secretary shall 

21 establish to institutionalize close co22 ordination between the Department 

23 of Homeland Security and the Na24 tional Counter Terrorism Center and 
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1 other appropriate United States intel2 ligence agencies. 

3 (E) The policies and procedures 

4 the Secretary shall establish to en5 sure the Department gathers real6 time information from the National 

7 Counter Terrorism Center; dissemi8 nates this information throughout the 

9 Department, as appropriate; utilizes 

10 this information to support the De11 partment’s counterterrorism respon12 sibilities; integrates the Department’s 

13 information collection and analysis 

14 functions; and disseminates this in15 formation to its operational units, as 

16 appropriate. 

17 (F) A description of the specific 

18 actions the Secretary shall take to 

19 identify threats of terrorism on the 

20 United States and its interests, and to 

21 coordinate activities within the De22 partment to prevent acts of terrorism, 

23 with special emphasis on prevention 

24 of terrorist access to and use of weap25 ons of mass destruction. 
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1 (G) A description of initiatives the 

2 Secretary shall take to share critical 

3 terrorism prevention information 

4 with, and provide terrorism preven5 tion support to, State and local gov6 ernments and the private sector. 

7 (H) A timeline, with goals and 

8 milestones, for implementing the 

9 Homeland Security Information Net10 work, the Homeland Security Secure 

11 Data Network, and other depart12 mental information initiatives to pre13 vent acts of terrorism on the United 

14 States and its interests, including in15 tegration of these initiatives in the 

16 operations of the Homeland Security 

17 Operations Center. 

18 (I) Such other terrorism preven19 tion-related elements as the Secretary 

20 considers appropriate. 

21 (3) CONSULTATION.—In formulating the 

22 Plan the Secretary shall consult with—

23 (A) the Director of National Intel24 ligence; 
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1 (B) the Director of the National 

2 Counter Terrorism Center; 

3 (C) the Attorney General; 

4 (D) the Director of the Federal 

5 Bureau of Investigation; 

6 (E) the Secretary of Defense; 

7 (F) the Secretary of State; 

8 (G) the Secretary of Energy; 

9 (H) the Secretary of the Treasury; 

10 and 

11 (I) the heads of other Federal 

12 agencies and State, county, and local 

13 law enforcement agencies as the Sec14 retary considers appropriate. 

15 (4) CLASSIFICATION.—The Secretary 

16 shall prepare the Plan in both classified 

17 and nonclassified forms. 

18 (b) ANNUAL CROSSCUTTING ANALYSIS OF

19 PROPOSED FUNDING FOR DEPARTMENT OF HOME20 LAND SECURITY PROGRAMS.—

21 (1) REQUIREMENT TO SUBMIT ANAL22 YSIS.—The Secretary of Homeland Secu23 rity shall submit to the Congress, concur24 rently with the submission of the Presi25 dent’s budget for each fiscal year, a de-
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1 tailed, crosscutting analysis of the budget 

2 proposed for the Department of Home3 land Security, by budget function, by 

4 agency, and by initiative area, identifying 

5 the requested amounts of gross and net 

6 appropriations or obligational authority 

7 and outlays for programs and activities 

8 of the Department for each of the fol9 lowing mission areas: 

10 (A) To prevent terrorist attacks 

11 within the United States. 

12 (B) To reduce the vulnerability of 

13 the United States to terrorism. 

14 (C) To minimize the damage, and 

15 assist in the recovery, from terrorist 

16 attacks that do occur within the 

17 United States. 

18 (D) To carry out all functions of 

19 the agencies and subdivisions within 

20 the Department that are not related 

21 directly to homeland security. 

22 (2) FUNDING ANALYSIS OF MULTIPUR23 POSE FUNCTIONS.—The analysis required 

24 under paragraph (1) for functions that 

25 are both related directly and not related 
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1 directly to homeland security shall in2 clude a detailed allocation of funding for 

3 each specific mission area within those 

4 functions, including an allocation of 

5 funding among mission support func6 tions, such as agency overhead, capital 

7 assets, and human capital. 

8 (3) INCLUDED TERRORISM PREVENTION

9 ACTIVITIES.—The analysis required under 

10 paragraph (1)(A) shall include the fol11 lowing activities (among others) of the 

12 Department: 

13 (A) Collection and effective use of 

14 intelligence and law enforcement op15 erations that screen for and target in16 dividuals who plan or intend to carry 

17 out acts of terrorism. 

18 (B) Investigative, intelligence, 

19 and law enforcement operations that 

20 identify and disrupt plans for acts of 

21 terrorism or reduce the ability of 

22 groups or individuals to commit acts 

23 of terrorism. 

24 (C) Investigative activities and in25 telligence operations to detect and 
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1 prevent the introduction of weapons 

2 of mass destruction into the United 

3 States. 

4 (D) Initiatives to detect potential, 

5 or the early stages of actual, biologi6 cal, chemical, radiological, or nuclear 

7 attacks. 

8 (E) Screening individuals against 

9 terrorist watch lists. 

10 (F) Screening cargo to identify 

11 and segregate high-risk shipments. 

12 (G) Specific utilization of infor13 mation sharing and intelligence, both 

14 horizontally (within the Federal Gov15 ernment) and vertically (among Fed16 eral, State, and local governments), to 

17 detect or prevent acts of terrorism. 

18 (H) Initiatives, including law en19 forcement and intelligence oper20 ations, to preempt, disrupt, and deter 

21 acts of terrorism overseas intended to 

22 strike the United States. 

23 (I) Investments in technology, re24 search and development, training, 

25 and communications systems that are 
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1 designed to improve the performance 

2 of the Department and its agencies 

3 with respect to each of the activities 

4 listed in subparagraphs (A) through 

5 (H). 

6 (4) SEPARATE DISPLAYS FOR MANDATORY

7 AND DISCRETIONARY AMOUNTS.—Each anal8 ysis under paragraph (1) shall include 

9 separate displays for proposed manda10 tory appropriations and proposed discre11 tionary appropriations. 

12 SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS. 

13 (a) REQUIREMENT.—The Secretary shall es14 tablish a single process for conducting the se15 curity screening and background checks on 

16 individuals participating in any voluntary or 

17 mandatory departmental credentialing or 

18 registered traveler program. 

19 (b) INCLUDED PROGRAMS.—The process es20 tablished under subsection (a) shall be suffi21 cient to meet the security requirements of all 

22 applicable Departmental programs, includ23 ing—

24 (1) the Transportation Worker Identi25 fication Credential; 
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1 (2) the Hazmat Endorsement Creden2 tial; 

3 (3) the Free and Secure Trade pro4 gram; 

5 (4) the NEXUS and SENTRI border 

6 crossing programs; 

7 (5) the Registered Traveler program 

8 of the Transportation Security Adminis9 tration; and 

10 (6) any other similar program or cre11 dential considered appropriate for inclu12 sion by the Secretary. 

13 (c) FEATURES OF PROCESS.—The process es14 tablished under subsection (a) shall include 

15 the following: 

16 (1) A single submission of security 

17 screening information, including per18 sonal data and biometric information as 

19 appropriate, necessary to meet the secu20 rity requirements of all applicable de21 partmental programs. 

22 (2) An ability to submit such security 

23 screening information at any location or 

24 through any process approved by the 
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1 Secretary with respect to any of the ap2 plicable departmental programs. 

3 (3) Acceptance by the Department of 

4 a security clearance issued by a Federal 

5 agency, to the extent that the security 

6 clearance process of the agency satisfies 

7 requirements that are at least as strin8 gent as those of the applicable depart9 mental programs under this section. 

10 (4) Standards and procedures for pro11 tecting individual privacy, confiden12 tiality, record retention, and addressing 

13 other concerns relating to information se14 curity. 

15 (d) DEADLINES.—The Secretary of Home16 land Security shall—

17 (1) submit a description of the proc18 ess developed under subsection (a) to the 

19 Committee on Homeland Security of the 

20 House of Representatives and the Com21 mittee on Homeland Security and Gov22 ernmental Affairs of the Senate by not 

23 later than 6 months after the date of the 

24 enactment of this Act; and 
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1 (2) begin implementing such process 

2 by not later than 12 months after the 

3 date of the enactment of this Act. 

4 (e) RELATIONSHIP TO OTHER LAWS.—(1) 

5 Nothing in this section affects any statutory 

6 requirement relating to the operation of the 

7 programs described in subsection (b). 

8 (2) Nothing in this section affects any stat9 utory requirement relating to title III of the 

10 Intelligence Reform and Terrorism Preven11 tion Act of 2004 (50 U.S.C. 435b et seq.). 

12 Subtitle B—Homeland Security In13 formation Sharing and Analysis 

14 Enhancement 

15 SEC. 211. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Home17 land Security Information Sharing and Anal18 ysis Enhancement Act of 2005’’. 

19 SEC. 212. PROVISION OF TERRORISM-RELATED INFORMA20 TION TO PRIVATE SECTOR OFFICIALS. 

21 Section 201(d) of the Homeland Security 

22 Act of 2002 (6 U.S.C. 121(d)) is amended by 

23 adding at the end the following: 

24 ‘‘(20) To require, in consultation with 

25 the Assistant Secretary for Infrastructure 
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1 Protection, the creation and routine dis2 semination of analytic reports and prod3 ucts designed to provide timely and accu4 rate information that has specific rel5 evance to each of the Nation’s critical in6 frastructure sectors (as identified in the 

7 national infrastructure protection plan 

8 issued under paragraph (5)), to private 

9 sector officials in each such sector who 

10 are responsible for protecting institu11 tions within that sector from potential 

12 acts of terrorism and for mitigating the 

13 potential consequences of any such act.’’. 

14 SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BI15 OLOGICAL AGENTS AND NUCLEAR WEAPONS. 

16 Section 201(d) of the Homeland Security 

17 Act of 2002 (6 U.S.C. 121(d)) is further amend18 ed by adding at the end the following: 

19 ‘‘(21) To ensure sufficient analytic ex20 pertise within the Office of Information 

21 Analysis to create and disseminate, on an 

22 ongoing basis, products based on the 

23 analysis of homeland security informa24 tion, as defined in section 892(f)(1), with 

25 specific reference to the threat of ter-
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1 rorism involving the use of nuclear weap2 ons and biological agents to inflict mass 

3 casualties or other catastrophic con4 sequences on the population or territory 

5 of the United States.’’. 

6 SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECU7 RITY INFORMATION. 

8 (a) REQUIREMENT.—Subtitle A of title II of 

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

10 121 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECU13 RITY INFORMATION. 

14 ‘‘The Secretary shall establish a process 

15 and assign an individual or entity the respon16 sibility to ensure that, as appropriate, ele17 ments of the Department conduct alternative 

18 analysis (commonly referred to as ‘red-team 

19 analysis’) of homeland security information, 

20 as that term is defined in section 892(f)(1), 

21 that relates to potential acts of terrorism in22 volving the use of nuclear weapons or biologi23 cal agents to inflict mass casualties or other 

24 catastrophic consequences on the population 

25 or territory of the United States.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of 

2 contents in section 1(b) of such Act is amend3 ed by inserting after the item relating to sec4 tion 202 the following: 

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

5 SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND 

6 INFRASTRUCTURE PROTECTION FUNCTIONS. 

7 Section 201(b) of the Homeland Security 

8 Act of 2002 (6 U.S.C. 121(b)) is amended by 

9 adding at the end the following: 

10 ‘‘(4) ASSIGNMENT OF SPECIFIC FUNC11 TIONS.—The Under Secretary for Informa12 tion Analysis and Infrastructure Protec13 tion—

14 ‘‘(A) shall assign to the Assistant 

15 Secretary for Information Analysis 

16 the responsibility for performing the 

17 functions described in paragraphs (1), 

18 (4), (7) through (14), (16), and (18) of 

19 subsection (d); 

20 ‘‘(B) shall assign to the Assistant 

21 Secretary for Infrastructure Protec22 tion the responsibility for performing 

23 the functions described in para-
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1 graphs (2), (5), and (6) of subsection 

2 (d); 

3 ‘‘(C) shall ensure that the Assist4 ant Secretary for Information Anal5 ysis and the Assistant Secretary for 

6 Infrastructure Protection both per7 form the functions described in para8 graphs (3), (15), (17), and (19) of sub9 section (d); 

10 ‘‘(D) may assign to each such As11 sistant Secretary such other duties 

12 relating to such responsibilities as 

13 the Under Secretary may provide; 

14 ‘‘(E) shall direct each such Assist15 ant Secretary to coordinate with Fed16 eral, State, and local law enforcement 

17 agencies, and with tribal and private 

18 sector entities, as appropriate; and 

19 ‘‘(F) shall direct the Assistant Sec20 retary for Information Analysis to co21 ordinate with elements of the intel22 ligence community, as appropriate.’’. 
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1 SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SE2 CURITY INFORMATION. 

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

4 Security Act of 2002 (6 U.S.C. 111 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SE7 CURITY INFORMATION. 

8 ‘‘(a) PRIMARY AUTHORITY.—Except as pro9 vided in subsection (b), the Secretary shall be 

10 the executive branch official responsible for 

11 disseminating homeland security information 

12 to State and local government and tribal offi13 cials and the private sector. 

14 ‘‘(b) PRIOR APPROVAL REQUIRED.—No Fed15 eral official may disseminate any homeland 

16 security information, as defined in section 

17 892(f)(1), to State, local, tribal, or private sec18 tor officials without the Secretary’s prior ap19 proval, except—

20 ‘‘(1) in exigent circumstances under 

21 which it is essential that the information 

22 be communicated immediately; or 

23 ‘‘(2) when such information is issued 

24 to State, local, or tribal law enforcement 

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

2 criminal justice.’’. 

3 (b) CLERICAL AMENDMENT.—The table of 

4 contents in section 1(b) of such Act is amend5 ed by inserting after the item relating to sec6 tion 103 the following: 

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

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

8 PROGRAM. 

9 (a) ESTABLISHMENT OF PROGRAM.—Subtitle 

10 A of title II of the Homeland Security Act of 

11 2002 (6 U.S.C. 121 et seq.) is further amended 

12 by adding at the end the following: 

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

14 PROGRAM. 

15 ‘‘(a) ESTABLISHMENT.—

16 ‘‘(1) IN GENERAL.—The Secretary shall 

17 establish a fellowship program in accord18 ance with this section for the purpose of 

19 bringing State, local, tribal, and private 

20 sector officials to participate in the work 

21 of the Homeland Security Operations 

22 Center in order to become familiar with—

23 ‘‘(A) the mission and capabilities 

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

2 and personnel of the Office of Infor3 mation Analysis, the Office of Infra4 structure Protection, and other ele5 ments of the Department responsible 

6 for the integration, analysis, and dis7 semination of homeland security in8 formation, as defined in section 

9 892(f)(1). 

10 ‘‘(2) PROGRAM NAME.—The program 

11 under this section shall be known as the 

12 9/11 Memorial Homeland Security Fel13 lows Program. 

14 ‘‘(b) ELIGIBILITY.—In order to be eligible 

15 for selection as a fellow under the program, 

16 an individual must—

17 ‘‘(1) have homeland security-related 

18 responsibilities; and 

19 ‘‘(2) possess an appropriate national 

20 security clearance. 

21 ‘‘(c) LIMITATIONS.—The Secretary—

22 ‘‘(1) may conduct up to 4 iterations of 

23 the program each year, each of which 

24 shall be 90 days in duration; and 
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1 ‘‘(2) shall ensure that the number of 

2 fellows selected for each iteration does 

3 not impede the activities of the Center. 

4 ‘‘(d) CONDITION.—As a condition of select5 ing an individual as a fellow under the pro6 gram, the Secretary shall require that the in7 dividual’s employer agree to continue to pay 

8 the individual’s salary and benefits during 

9 the period of the fellowship. 

10 ‘‘(e) STIPEND.—During the period of the 

11 fellowship of an individual under the pro12 gram, the Secretary shall, subject to the avail13 ability of appropriations—

14 ‘‘(1) provide to the individual a sti15 pend to cover the individual’s reasonable 

16 living expenses during the period of the 

17 fellowship; and 

18 ‘‘(2) reimburse the individual for 

19 round-trip, economy fare travel to and 

20 from the individual’s place of residence 

21 twice each month.’’. 

22 (b) CLERICAL AMENDMENT.—The table of 

23 contents in section 1(b) of such Act is further 

24 amended by adding at the end of the items re25 lating to such subtitle the following: 
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‘‘Sec. 204. 9/11 Memorial Homeland Security Fellows Program.’’. 

1 SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED IN2 FORMATION. 

3 Section 201(d) of the Homeland Security 

4 Act of 2002 (6 U.S.C. 121(d)) is further amend5 ed by adding at the end the following: 

6 ‘‘(22) To ensure that—

7 ‘‘(A) the Assistant Secretary for 

8 Information Analysis receives 

9 promptly and without request all in10 formation obtained by any compo11 nent of the Department if that infor12 mation relates, directly or indirectly, 

13 to a threat of terrorism involving the 

14 potential use of nuclear weapons; 

15 ‘‘(B) such information is—

16 ‘‘(i) integrated and analyzed 

17 comprehensively; and 

18 ‘‘(ii) disseminated in a timely 

19 manner, including to appro20 priately cleared State, local, trib21 al, and private sector officials; 

22 and 

23 ‘‘(C) such information is used to 

24 determine what requests the Depart-
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1 ment should submit for collection of 

2 additional information relating to 

3 that threat.’’. 

4 SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFOR5 MATION ANALYSIS TO TERRORISM INFORMA6 TION. 

7 Section 201(d) of the Homeland Security 

8 Act of 2002 (6 U.S.C. 121(d)) is further amend9 ed by adding at the end the following: 

10 ‘‘(23) To ensure that the Assistant Sec11 retary for Information Analysis—

12 ‘‘(A) is routinely and without re13 quest given prompt access to all ter14 rorism-related information collected 

15 by or otherwise in the possession of 

16 any component of the Department, in17 cluding all homeland security infor18 mation (as that term is defined in sec19 tion 892(f)(1)); and 

20 ‘‘(B) to the extent technologically 

21 feasible has direct access to all data22 bases of any component of the De23 partment that may contain such in24 formation.’’. 
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1 SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY 

2 INFORMATION NETWORK. 

3 Section 201(d) of the Homeland Security 

4 Act of 2002 (6 U.S.C. 121(d)) is further amend5 ed by adding at the end the following: 

6 ‘‘(24) To administer the homeland se7 curity information network, including—

8 ‘‘(A) exercising primary responsi9 bility for establishing a secure na10 tionwide real-time homeland security 

11 information sharing network for Fed12 eral, State, and local government 

13 agencies and authorities, tribal offi14 cials, the private sector, and other 

15 governmental and private entities in16 volved in receiving, analyzing, and 

17 distributing information related to 

18 threats to homeland security; 

19 ‘‘(B) ensuring that the informa20 tion sharing systems, developed in 

21 connection with the network estab22 lished under subparagraph (A), are 

23 utilized and are compatible with, to 

24 the greatest extent practicable, Fed25 eral, State, and local government, 

26 tribal, and private sector 
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1 antiterrorism systems and protocols 

2 that have been or are being devel3 oped; and 

4 ‘‘(C) ensuring, to the greatest ex5 tent possible, that the homeland secu6 rity information network and infor7 mation systems are integrated and 

8 interoperable with existing private 

9 sector technologies.’’. 

10 SEC. 221. IAIP PERSONNEL RECRUITMENT. 

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

12 United States Code, is amended by adding 

13 after section 9701 the following: 

14 ‘‘§ 9702. Recruitment bonuses 

15 ‘‘(a) IN GENERAL.—Notwithstanding any 

16 provision of chapter 57, the Secretary of 

17 Homeland Security, acting through the Under 

18 Secretary for Information Analysis and Infra19 structure Protection, may pay a bonus to an 

20 individual in order to recruit such individual 

21 for a position that is primarily responsible for 

22 discharging the analytic responsibilities spec23 ified in section 201(d) of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 121(d)) and that—
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1 ‘‘(1) is within the Directorate for In2 formation Analysis and Infrastructure 

3 Protection; and 

4 ‘‘(2) would be difficult to fill in the ab5 sence of such a bonus. 

6 In determining which individuals are to re7 ceive bonuses under this section, appropriate 

8 consideration shall be given to the Direc9 torate’s critical need for linguists. 

10 ‘‘(b) BONUS AMOUNT, FORM, ETC.—

11 ‘‘(1) IN GENERAL.—The amount of a 

12 bonus under this section shall be deter13 mined under regulations of the Secretary 

14 of Homeland Security, but may not ex15 ceed 50 percent of the annual rate of 

16 basic pay of the position involved. 

17 ‘‘(2) FORM OF PAYMENT.—A bonus 

18 under this section shall be paid in the 

19 form of a lump-sum payment and shall 

20 not be considered to be part of basic pay. 

21 ‘‘(3) COMPUTATION RULE.—For pur22 poses of paragraph (1), the annual rate of 

23 basic pay of a position does not include 

24 any comparability payment under section 

25 5304 or any similar authority. 
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1 ‘‘(c) SERVICE AGREEMENTS.—Payment of a 

2 bonus under this section shall be contingent 

3 upon the employee entering into a written 

4 service agreement with the Department of 

5 Homeland Security. The agreement shall in6 clude—

7 ‘‘(1) the period of service the indi8 vidual shall be required to complete in 

9 return for the bonus; and 

10 ‘‘(2) the conditions under which the 

11 agreement may be terminated before the 

12 agreed-upon service period has been 

13 completed, and the effect of any such ter14 mination. 

15 ‘‘(d) ELIGIBILITY.—A bonus under this sec16 tion may not be paid to recruit an individual 

17 for—

18 ‘‘(1) a position to which an individual 

19 is appointed by the President, by and 

20 with the advice and consent of the Sen21 ate; 

22 ‘‘(2) a position in the Senior Executive 

23 Service as a noncareer appointee (as de24 fined under section 3132(a)); or 
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1 ‘‘(3) a position which has been ex2 cepted from the competitive service by 

3 reason of its confidential, policy-deter4 mining, policy-making, or policy-advo5 cating character. 

6 ‘‘(e) TERMINATION.—The authority to pay 

7 bonuses under this section shall terminate on 

8 September 30, 2008. 

9 ‘‘§ 9703. Reemployed annuitants 

10 ‘‘(a) IN GENERAL.—If an annuitant receiv11 ing an annuity from the Civil Service Retire12 ment and Disability Fund becomes employed 

13 in a position within the Directorate for Infor14 mation Analysis and Infrastructure Protec15 tion of the Department of Homeland Security, 

16 the annuitant’s annuity shall continue. An an17 nuitant so reemployed shall not be considered 

18 an employee for the purposes of chapter 83 or 

19 84. 

20 ‘‘(b) TERMINATION.—The exclusion pursu21 ant to this section of the Directorate for Infor22 mation Analysis and Infrastructure Protec23 tion from the reemployed annuitant provi24 sions of chapters 83 and 84 shall terminate 3 

25 years after the date of the enactment of this 
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1 section, unless extended by the Secretary of 

2 Homeland Security. Any such extension shall 

3 be for a period of 1 year and shall be renew4 able. 

5 ‘‘(c) ANNUITANT DEFINED.—For purposes of 

6 this section, the term ‘annuitant’ has the 

7 meaning given such term under section 8331 

8 or 8401, whichever is appropriate. 

9 ‘‘§ 9704. Regulations 

10 ‘‘The Secretary of Homeland Security, in 

11 consultation with the Director of the Office of 

12 Personnel Management, may prescribe any 

13 regulations necessary to carry out section 

14 9702 or 9703.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis 

16 for chapter 97 of title 5, United States Code, 

17 is amended by adding after the item relating 

18 to section 9701 the following: 

‘‘9702. Recruitment bonuses. 

‘‘9703. Reemployed annuitants. 

‘‘9704. Regulations.’’. 

19 SEC. 222. INFORMATION COLLECTION REQUIREMENTS AND 

20 PRIORITIES. 

21 (a) IN GENERAL.—Section 102 of the Home22 land Security Act of 2002 (6 U.S.C. 112) is 

23 amended—
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1 (1) by redesignating subsections (e), 

2 (f), and (g), as subsections (f), (g), and (h), 

3 respectively; and 

4 (2) by inserting after subsection (d) 

5 the following new subsection (e): 

6 ‘‘(e) PARTICIPATION IN FOREIGN COLLECTION

7 REQUIREMENTS AND MANAGEMENT PROCESSES.—

8 The Secretary shall be a member of any Fed9 eral Government interagency board, estab10 lished by Executive order or any other bind11 ing interagency directive, that is responsible 

12 for establishing foreign collection informa13 tion requirements and priorities for esti14 mative analysis.’’. 

15 (b) HOMELAND SECURITY INFORMATION RE16 QUIREMENTS BOARD.—

17 (1) IN GENERAL.—Title I of such Act (6 

18 U.S.C. 111 et seq.) is further amended by 

19 adding at the end the following new sec20 tion: 

21 ‘‘SEC. 105. HOMELAND SECURITY INFORMATION REQUIRE22 MENTS BOARD. 

23 ‘‘(a) ESTABLISHMENT OF BOARD.—There is 

24 established an interagency Homeland Secu25 rity Information Requirements Board (herein-
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1 after in this section referred to as the ‘Infor2 mation Requirements Board’). 

3 ‘‘(b) MEMBERSHIP.—The following officials 

4 are members of the Information Require5 ments Board: 

6 ‘‘(1) The Secretary of Homeland Secu7 rity, who shall serve as the Chairman of 

8 the Information Requirements Board. 

9 ‘‘(2) The Attorney General. 

10 ‘‘(3) The Secretary of Commerce. 

11 ‘‘(4) The Secretary of the Treasury. 

12 ‘‘(5) The Secretary of Defense. 

13 ‘‘(6) The Secretary of Energy. 

14 ‘‘(7) The Secretary of State. 

15 ‘‘(8) The Secretary of the Interior. 

16 ‘‘(9) The Director of National Intel17 ligence. 

18 ‘‘(10) The Director of the Federal Bu19 reau of Investigation. 

20 ‘‘(11) The Director of the National 

21 Counterterrorism Center. 

22 ‘‘(12) The Chief Privacy Officer of the 

23 Department of Homeland Security. 

24 ‘‘(c) FUNCTIONS.—
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1 ‘‘(1) OVERSIGHT OF HOMELAND SECURITY

2 REQUIREMENTS.—The Information Re3 quirements Board shall oversee the proc4 ess for establishing homeland security re5 quirements and collection management 

6 for all terrorism-related information and 

7 all other homeland security information 

8 (as defined in section 892(f)(1)) collected 

9 within the United States. 

10 ‘‘(2) DETERMINATION OF COLLECTION

11 PRIORITIES.—The Information Require12 ments Board shall—

13 ‘‘(A) determine the domestic infor14 mation collection requirements for 

15 information relevant to the homeland 

16 security mission; and 

17 ‘‘(B) prioritize the collection and 

18 use of such information. 

19 ‘‘(3) COORDINATION OF COLLECTION RE20 QUIREMENTS AND MANAGEMENT ACTIVI21 TIES.—

22 ‘‘(A) COORDINATION WITH COUNTER23 PART AGENCIES.—The Chairman shall 

24 ensure that the Information Require25 ments Board carries out its activities 
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1 in a manner that is fully coordinated 

2 with the Board’s counterpart entities. 

3 ‘‘(B) PARTICIPATION OF COUNTER4 PART ENTITIES.—The Chairman and 

5 the Director of National Intelligence 

6 shall ensure that each counterpart 

7 entity—

8 ‘‘(i) has at least one represent9 ative on the Information Require10 ment Board and on every sub11 component of the Board; and 

12 ‘‘(ii) meets jointly with the In13 formation Requirements Board 

14 (and, as appropriate, with any 

15 subcomponent of the Board) as 

16 often as the Chairman and the Di17 rector of National Intelligence de18 termine appropriate. 

19 ‘‘(C) COUNTERPART ENTITY DE20 FINED.—In this section, the term 

21 ‘counterpart entity’ means an entity 

22 of the Federal Government that is re23 sponsible for foreign intelligence col24 lection requirements and manage25 ment. 
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1 ‘‘(d) MEETINGS.—

2 ‘‘(1) IN GENERAL.—The Information Re3 quirements Board shall meet regularly at 

4 such times and places as its Chairman 

5 may direct. 

6 ‘‘(2) INVITED REPRESENTATIVES.—The 

7 Chairman may invite representatives of 

8 Federal agencies not specified in sub9 section (b) to attend meetings of the In10 formation Requirements Board.’’. 

11 (2) CLERICAL AMENDMENT.—The table 

12 of contents in section 1(b) of such Act is 

13 further amended by inserting after the 

14 item relating to section 104 the following 

15 new item: 

‘‘Sec. 105. Homeland Security Information Requirements 

Board.’’. 

16 SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM. 

17 (a) IN GENERAL.—Subtitle A of title II of 

18 the Homeland Security Act of 2002 is further 

19 amended—

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

21 121(d)(7)) by inserting ‘‘under section 

22 205’’ after ‘‘System’’; and 

23 (2) by adding at the end the fol24 lowing: 
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1 ‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 

2 ‘‘(a) REQUIREMENT.—The Under Secretary 

3 for Information Analysis and Infrastructure 

4 Protection shall implement a Homeland Secu5 rity Advisory System in accordance with this 

6 section to provide public advisories and alerts 

7 regarding threats to homeland security, in8 cluding national, regional, local, and eco9 nomic sector advisories and alerts, as appro10 priate. 

11 ‘‘(b) REQUIRED ELEMENTS.—The Under Sec12 retary, under the System—

13 ‘‘(1) shall include, in each advisory 

14 and alert regarding a threat, information 

15 on appropriate protective measures and 

16 countermeasures that may be taken in re17 sponse to the threat; 

18 ‘‘(2) shall, whenever possible, limit 

19 the scope of each advisory and alert to a 

20 specific region, locality, or economic sec21 tor believed to be at risk; and 

22 ‘‘(3) shall not, in issuing any advisory 

23 or alert, use color designations as the ex24 clusive means of specifying the homeland 

25 security threat conditions that are the 

26 subject of the advisory or alert.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of 

2 contents in section 1(b) of such Act is further 

3 amended by adding at the end of the items re4 lating to subtitle A of title II the following: 

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

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

6 Section 201(d) of the Homeland Security 

7 Act of 2002 (6 U.S.C. 121(d)) is further amend8 ed by adding at the end the following: 

9 ‘‘(25) To ensure that, whenever pos10 sible—

11 ‘‘(A) the Assistant Secretary for 

12 Information Analysis produces and 

13 disseminates reports and analytic 

14 products based on open-source infor15 mation that do not require a national 

16 security classification under applica17 ble law; and 

18 ‘‘(B) such unclassified open19 source reports are produced and dis20 seminated contemporaneously with 

21 reports or analytic products con22 cerning the same or similar informa23 tion that the Assistant Secretary for 

24 Information Analysis produces and 

25 disseminates in a classified format.’’. 
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1 SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE IN2 FORMATION. 

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

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

5 121 et seq.) is further amended by adding at 

6 the end the following: 

7 ‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE IN8 FORMATION. 

9 ‘‘The Under Secretary shall ensure that, in 

10 meeting their analytic responsibilities under 

11 section 201(d) and in formulating require12 ments for collection of additional informa13 tion, the Assistant Secretary for Information 

14 Analysis and the Assistant Secretary for In15 frastructure Protection make full and effi16 cient use of open-source information wher17 ever possible.’’. 

18 (b) CLERICAL AMENDMENT.—The table of 

19 contents in section 1(b) of such Act is further 

20 amended by inserting after the item relating 

21 to section 205 the following: 

‘‘Sec. 206. Full and efficient use of open-source information.’’. 
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1 TITLE III—DOMESTIC PRE2 PAREDNESS AND PROTEC3 TION 

4 Subtitle A—Preparedness and 

5 Protection 

6 SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM. 

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

8 Homeland Security Act of 2002 (6 U.S.C. 238) 

9 is amended by striking ‘‘and’’ after the semi10 colon at the end of paragraph (8), by striking 

11 the period at the end of paragraph (9) and in12 serting ‘‘; and’’, and by adding at the end the 

13 following: 

14 ‘‘(10) designing, developing, per15 forming, and evaluating exercises at the 

16 national, State, territorial, regional, local, 

17 and tribal levels of government that in18 corporate government officials, emer19 gency response providers, public safety 

20 agencies, the private sector, international 

21 governments and organizations, and 

22 other appropriate entities to test the Na23 tion’s capability to prevent, prepare for, 

24 respond to, and recover from threatened 

25 or actual acts of terrorism.’’. 
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1 (b) NATIONAL TERRORISM EXERCISE PRO2 GRAM.—

3 (1) ESTABLISHMENT OF PROGRAM.—Title 

4 VIII of the Homeland Security Act of 2002 

5 (Public Law 107–296) is amended by add6 ing at the end the following new subtitle: 

7 ‘‘Subtitle J—Terrorism 

8 Preparedness Exercises 

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

10 ‘‘(a) IN GENERAL.—The Secretary, through 

11 the Office for Domestic Preparedness, shall 

12 establish a National Terrorism Exercise Pro13 gram for the purpose of testing and evalu14 ating the Nation’s capabilities to prevent, pre15 pare for, respond to, and recover from threat16 ened or actual acts of terrorism that—

17 ‘‘(1) enhances coordination for ter18 rorism preparedness between all levels of 

19 government, emergency response pro20 viders, international governments and or21 ganizations, and the private sector; 

22 ‘‘(2) is—

23 ‘‘(A) multidisciplinary in nature, 

24 including, as appropriate, informa-
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1 tion analysis and cybersecurity com2 ponents; 

3 ‘‘(B) as realistic as practicable 

4 and based on current risk assess5 ments, including credible threats, 

6 vulnerabilities, and consequences; 

7 ‘‘(C) carried out with the min8 imum degree of notice to involved 

9 parties regarding the timing and de10 tails of such exercises, consistent 

11 with safety considerations; 

12 ‘‘(D) evaluated against perform13 ance measures and followed by cor14 rective action to solve identified defi15 ciencies; and 

16 ‘‘(E) assessed to learn best prac17 tices, which shall be shared with ap18 propriate Federal, State, territorial, 

19 regional, local, and tribal personnel, 

20 authorities, and training institutions 

21 for emergency response providers; 

22 and 

23 ‘‘(3) assists State, territorial, local, 

24 and tribal governments with the design, 
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1 implementation, and evaluation of exer2 cises that—

3 ‘‘(A) conform to the requirements 

4 of paragraph (2); and 

5 ‘‘(B) are consistent with any appli6 cable State homeland security strat7 egy or plan. 

8 ‘‘(b) NATIONAL LEVEL EXERCISES.—The Sec9 retary, through the National Terrorism Exer10 cise Program, shall perform on a periodic 

11 basis national terrorism preparedness exer12 cises for the purposes of—

13 ‘‘(1) involving top officials from Fed14 eral, State, territorial, local, tribal, and 

15 international governments, as the Sec16 retary considers appropriate; 

17 ‘‘(2) testing and evaluating the Na18 tion’s capability to detect, disrupt, and 

19 prevent threatened or actual cata20 strophic acts of terrorism, especially 

21 those involving weapons of mass destruc22 tion; and 

23 ‘‘(3) testing and evaluating the Na24 tion’s readiness to respond to and re25 cover from catastrophic acts of terrorism, 
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1 especially those involving weapons of 

2 mass destruction. 

3 ‘‘(c) CONSULTATION WITH FIRST RESPOND4 ERS.—In implementing the responsibilities de5 scribed in subsections (a) and (b), the Sec6 retary shall consult with a geographic (in7 cluding urban and rural) and substantive 

8 cross section of governmental and nongovern9 mental first responder disciplines, including 

10 as appropriate—

11 ‘‘(1) Federal, State, and local first re12 sponder training institutions; 

13 ‘‘(2) representatives of emergency re14 sponse providers; and 

15 ‘‘(3) State and local officials with an 

16 expertise in terrorism preparedness.’’. 

17 (2) CLERICAL AMENDMENT.—The table 

18 of contents in section 1(b) of such Act is 

19 amended by adding at the end of the 

20 items relating to title VIII the following: 

‘‘Subtitle J—Terrorism Preparedness Exercises 

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

21 (c) TOPOFF PREVENTION EXERCISE.—No 

22 later than one year after the date of enact23 ment of this Act, the Secretary of Homeland 
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1 Security shall design and carry out a national 

2 terrorism prevention exercise for the pur3 poses of—

4 (1) involving top officials from Fed5 eral, State, territorial, local, tribal, and 

6 international governments; and 

7 (2) testing and evaluating the Na8 tion’s capability to detect, disrupt, and 

9 prevent threatened or actual cata10 strophic acts of terrorism, especially 

11 those involving weapons of mass destruc12 tion. 

13 SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

14 (a) ESTABLISHMENT OF TECHNOLOGY CLEAR15 INGHOUSE.—Not later than 90 days after the 

16 date of enactment of this Act, the Secretary 

17 shall complete the establishment of the Tech18 nology Clearinghouse under section 313 of the 

19 Homeland Security Act of 2002. 

20 (b) TRANSFER PROGRAM.—Section 313 of 

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

22 193) is amended—

23 (1) by adding at the end of subsection 

24 (b) the following new paragraph: 
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1 ‘‘(6) The establishment of a homeland 

2 security technology transfer program to 

3 facilitate the identification, modification, 

4 and commercialization of technology and 

5 equipment for use by Federal, State, and 

6 local governmental agencies, emergency 

7 response providers, and the private sec8 tor to prevent, prepare for, or respond to 

9 acts of terrorism.’’; 

10 (2) by redesignating subsection (c) as 

11 subsection (d); and 

12 (3) by inserting after subsection (b) 

13 the following new subsection: 

14 ‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In 

15 developing the program described in sub16 section (b)(6), the Secretary, acting through 

17 the Under Secretary for Science and Tech18 nology, shall—

19 ‘‘(1) in consultation with the other 

20 Under Secretaries of the Department and 

21 the Director of the Office for Domestic 

22 Preparedness, on an ongoing basis—

23 ‘‘(A) conduct surveys and reviews 

24 of available appropriate technologies 

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

2 or demonstrated by the Department, 

3 other Federal agencies, or the private 

4 sector or foreign governments and 

5 international organizations and that 

6 may be useful in assisting Federal, 

7 State, and local governmental agen8 cies, emergency response providers, 

9 or the private sector to prevent, pre10 pare for, or respond to acts of ter11 rorism; 

12 ‘‘(B) conduct or support research, 

13 development, tests, and evaluations, 

14 as appropriate of technologies identi15 fied under subparagraph (A), includ16 ing any necessary modifications to 

17 such technologies for antiterrorism 

18 use; 

19 ‘‘(C) communicate to Federal, 

20 State, and local governmental agen21 cies, emergency response providers, 

22 or the private sector the availability 

23 of such technologies for antiterrorism 

24 use, as well as the technology’s speci25 fications, satisfaction of appropriate 
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1 standards, and the appropriate 

2 grants available from the Department 

3 to purchase such technologies; 

4 ‘‘(D) coordinate the selection and 

5 administration of all technology 

6 transfer activities of the Science and 

7 Technology Directorate, including 

8 projects and grants awarded to the 

9 private sector and academia; and 

10 ‘‘(E) identify priorities based on 

11 current risk assessments within the 

12 Department of Homeland Security for 

13 identifying, researching, developing, 

14 testing, evaluating, modifying, and 

15 fielding existing technologies for 

16 antiterrorism purposes; 

17 ‘‘(2) in support of the activities de18 scribed in paragraph (1)—

19 ‘‘(A) consult with Federal, State, 

20 and local emergency response pro21 viders; 

22 ‘‘(B) consult with government 

23 agencies and nationally recognized 

24 standards development organizations 

25 as appropriate; 
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1 ‘‘(C) enter into agreements and 

2 coordinate with other Federal agen3 cies, foreign governments, and na4 tional and international organiza5 tions as the Secretary determines ap6 propriate, in order to maximize the 

7 effectiveness of such technologies or 

8 to facilitate commercialization of 

9 such technologies; and 

10 ‘‘(D) consult with existing tech11 nology transfer programs and Fed12 eral and State training centers that 

13 research, develop, test, evaluate, and 

14 transfer military and other tech15 nologies for use by emergency re16 sponse providers; and 

17 ‘‘(3) establish a working group in co18 ordination with the Secretary of Defense 

19 to advise and assist the technology clear20 inghouse in the identification of military 

21 technologies that are in the process of 

22 being developed, or are developed, by the 

23 Department of Defense or the private sec24 tor, which may include—
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1 ‘‘(A) representatives from the De2 partment of Defense or retired mili3 tary officers; 

4 ‘‘(B) nongovernmental organiza5 tions or private companies that are 

6 engaged in the research, develop7 ment, testing, or evaluation of related 

8 technologies or that have dem9 onstrated prior experience and suc10 cess in searching for and identifying 

11 technologies for Federal agencies; 

12 ‘‘(C) Federal, State, and local 

13 emergency response providers; and 

14 ‘‘(D) to the extent the Secretary 

15 considers appropriate, other organi16 zations, other interested Federal, 

17 State, and local agencies, and other 

18 interested persons.’’. 

19 (c) REPORT.—Not later than 1 year after 

20 the date of enactment of this Act, the Under 

21 Secretary for Science and Technology shall 

22 transmit to the Committees on Homeland Se23 curity and Energy and Commerce of the 

24 House of Representatives and the Committees 

25 on Homeland Security and Governmental Af-
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1 fairs and Commerce, Science, and Transpor2 tation of the Senate a description of the 

3 progress the Department has made in imple4 menting the provisions of section 313 of the 

5 Homeland Security Act of 2002, as amended 

6 by this Act, including a description of the 

7 process used to review unsolicited proposals 

8 received as described in subsection (b)(3) of 

9 such section. 

10 (d) SAVINGS CLAUSE.—Nothing in this sec11 tion (including the amendments made by this 

12 section) shall be construed to alter or dimin13 ish the effect of the limitation on the author14 ity of the Secretary of Homeland Security 

15 under section 302(4) of the Homeland Security 

16 Act of 2002 (6 U.S.C. 182(4)) with respect to 

17 human health-related research and develop18 ment activities. 

19 SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS. 

20 (a) STUDY.—The Secretary of Homeland 

21 Security shall conduct a study of all Depart22 ment of Homeland Security procurements, in23 cluding ongoing procurements and antici24 pated procurements, to—
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1 (1) identify those that involve any 

2 product, equipment, service (including 

3 support services), device, or technology 

4 (including information technology) that 

5 is being designed, developed, modified, or 

6 procured for the specific purpose of pre7 venting, detecting, identifying, or deter8 ring acts of terrorism or limiting the 

9 harm such acts might otherwise cause; 

10 and 

11 (2) assess whether such product, 

12 equipment, service (including support 

13 services), device, or technology is an ap14 propriate candidate for the litigation and 

15 risk management protections of subtitle 

16 G of title VIII of the Homeland Security 

17 Act of 2002. 

18 (b) SUMMARY AND CLASSIFICATION RE19 PORT.—Not later than 180 days after the date 

20 of enactment of this Act, the Secretary shall 

21 transmit to the Congress a report—

22 (1) describing each product, equip23 ment, service (including support serv24 ices), device, and technology identified 

25 under subsection (a) that the Secretary 
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1 believes would be an appropriate can2 didate for the litigation and risk manage3 ment protections of subtitle G of title VIII 

4 of the Homeland Security Act of 2002; 

5 (2) listing each such product, equip6 ment, service (including support serv7 ices), device, and technology in order of 

8 priority for deployment in accordance 

9 with current terrorism risk assessment 

10 information; and 

11 (3) setting forth specific actions 

12 taken, or to be taken, to encourage or re13 quire persons or entities that sell or oth14 erwise provide such products, equipment, 

15 services (including support services), de16 vices, and technologies to apply for the 

17 litigation and risk management protec18 tions of subtitle G of title VIII of the 

19 Homeland Security Act of 2002, and to en20 sure prioritization of the Department’s 

21 review of such products, equipment, serv22 ices, devices, and technologies under 

23 such Act in accordance with the 

24 prioritization set forth in paragraph (2) 

25 of this subsection. 
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1 SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECU2 RITY. 

3 The Secretary of Homeland Security shall 

4 establish a university-based Center for Excel5 lence for Border Security following the merit6 review processes and procedures that have 

7 been established for selecting University Pro8 grams Centers of Excellence. The Center shall 

9 prioritize its activities on the basis of risk to 

10 address the most significant threats, 

11 vulnerabilities, and consequences posed by 

12 the Nation’s borders and border control sys13 tems, including the conduct of research, the 

14 examination of existing and emerging border 

15 security technology and systems, and the pro16 vision of education, technical, and analytical 

17 assistance for the Department of Homeland 

18 Security to effectively secure the Nation’s bor19 ders. 

20 SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER 

21 SECURITY INITIATIVE (CSI). 

22 (a) RISK ASSESSMENT AND DESIGNATION OF

23 NEW FOREIGN SEAPORTS.—

24 (1) RISK ASSESSMENT.—The Secretary 

25 of Homeland Security shall conduct a 

26 risk assessment of each foreign seaport 
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1 that the Secretary is considering desig2 nating as a port under the Container Se3 curity Initiative (CSI) on or after the date 

4 of the enactment of this Act. Each such 

5 assessment shall evaluate the level of risk 

6 for the potential compromise of cargo 

7 containers by terrorists or terrorist 

8 weapons. 

9 (2) DESIGNATION.—The Secretary is 

10 authorized to designate a foreign seaport 

11 as a port under CSI on or after the date 

12 of the enactment of this Act only if the 

13 Secretary determines, based on a risk as14 sessment under paragraph (1) and a cost15 benefit analysis, that the benefits of des16 ignating such port outweigh the cost of 

17 expanding the program to such port. 

18 (b) DEPLOYMENT OF INSPECTION EQUIPMENT

19 TO NEW CSI PORTS.—

20 (1) DEPLOYMENT.—The Secretary is au21 thorized to assist in the loaning of non22 intrusive inspection equipment for cargo 

23 containers, on a nonreimbursable basis, 

24 at each CSI port designated under sub25 section (a)(2) and provide training for 
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1 personnel at the CSI port to operate the 

2 nonintrusive inspection equipment. 

3 (2) ADDITIONAL REQUIREMENTS.—The 

4 Secretary shall establish technical capa5 bility requirements and standard oper6 ating procedures for nonintrusive inspec7 tion equipment described in paragraph 

8 (1) and shall require each CSI port to 

9 agree to operate such equipment in ac10 cordance with such requirements and 

11 procedures as a condition for receiving 

12 the equipment and training under such 

13 paragraph. 

14 (c) DEPLOYMENT OF PERSONNEL TO NEW CSI 

15 PORTS; REEVALUATION OF PERSONNEL AT ALL

16 CSI PORTS.—

17 (1) DEPLOYMENT.—The Secretary shall 

18 deploy Department of Homeland Security 

19 personnel to each CSI port designated 

20 under subsection (a)(1) with respect to 

21 which the Secretary determines that the 

22 deployment is necessary to successfully 

23 implement the requirements of CSI at the 

24 port. 
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1 (2) REEVALUATION.—The Secretary 

2 shall periodically review relevant risk as3 sessment information with respect to all 

4 CSI ports at which Department of Home5 land Security personnel are deployed to 

6 assess whether or not continued deploy7 ment of such personnel, in whole or in 

8 part, is necessary to successfully imple9 ment the requirements of CSI at the port. 

10 (d) INSPECTION AND SCREENING AT UNITED

11 STATES PORTS OF ENTRY.—Cargo containers 

12 arriving at a United States port of entry from 

13 a CSI port shall undergo the same level of in14 spection and screening for potential com15 promise by terrorists or terrorist weapons as 

16 cargo containers arriving at a United States 

17 port of entry from a foreign seaport that is 

18 not participating in CSI unless the containers 

19 were initially inspected at the CSI port at the 

20 request of CSI personnel and such personnel 

21 verify and electronically record that the in22 spection indicates that the containers have 

23 not been compromised by terrorists or ter24 rorist weapons. 
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1 (e) DEFINITION.—In this section, the term 

2 ‘‘Container Security Initiative’’ or ‘‘CSI’’

3 means the program carried out by the Depart4 ment of Homeland Security under which the 

5 Department enters into agreements with for6 eign seaports to—

7 (1) establish security criteria to iden8 tify high-risk maritime cargo containers 

9 bound for the United States based on ad10 vance information; and 

11 (2) screen or inspect such maritime 

12 cargo containers for potential com13 promise by terrorists or terrorist weap14 ons prior to shipment to the United 

15 States. 

16 SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS. 

17 (a) REGULATIONS.—

18 (1) IN GENERAL.—Not later than 180 

19 days after the date of the enactment of 

20 this Act, the Secretary of Homeland Secu21 rity shall issue regulations for the secu22 rity of maritime cargo containers moving 

23 within the intermodal transportation sys24 tem in accordance with the requirements 

25 of paragraph (2). 
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1 (2) REQUIREMENTS.—The regulations 

2 issued pursuant to paragraph (1) shall be 

3 in accordance with recommendations of 

4 the Maritime Transportation Security Act 

5 Subcommittee of the Advisory Committee 

6 on Commercial Operations of the Depart7 ment of Homeland Security, including 

8 recommendations relating to obligation 

9 to seal, recording of seal changes, modal 

10 changes, seal placement, ocean carrier 

11 seal verification, and addressing seal 

12 anomalies. 

13 (b) INTERNATIONAL AGREEMENTS.—The Sec14 retary shall seek to enter into agreements 

15 with foreign countries and international orga16 nizations to establish standards for the secu17 rity of maritime cargo containers moving 

18 within the intermodal transportation system 

19 that, to the maximum extent practicable, meet 

20 the requirements of subsection (a)(2). 

21 (c) CONTAINER TARGETING STRATEGY.—

22 (1) STRATEGY.—The Secretary shall de23 velop a strategy to improve the ability of 

24 the Department of Homeland Security to 

25 use information contained in shipping 
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1 bills of lading to identify and provide ad2 ditional review of anomalies in such bills 

3 of lading. The strategy shall include a 

4 method of contacting shippers in a timely 

5 fashion to verify or explain any anoma6 lies in shipping bills of lading. 

7 (2) REPORT.—Not later than 90 days 

8 after the date of the enactment of this 

9 Act, the Secretary shall submit to the 

10 Committees on Homeland Security and 

11 Energy and Commerce of the House of 

12 Representatives and the Committees on 

13 Homeland Security and Governmental Af14 fairs and Commerce, Science, and Trans15 portation of the Senate a report on the 

16 implementation of this subsection, in17 cluding information on any data search18 ing technologies that will be used to im19 plement the strategy. 

20 (d) CONTAINER SECURITY DEMONSTRATION

21 PROGRAM.—

22 (1) PROGRAM.—The Secretary is au23 thorized to establish and carry out a 

24 demonstration program that integrates 

25 nonintrusive inspection equipment, in-
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1 cluding radiation detection equipment 

2 and gamma ray inspection equipment, at 

3 an appropriate United States seaport, as 

4 determined by the Secretary. 

5 (2) REQUIREMENT.—The demonstration 

6 program shall also evaluate automatic 

7 identification methods for containers and 

8 vehicles and a data sharing network ca9 pable of transmitting inspection data be10 tween ports and appropriate entities 

11 within the Department of Homeland Se12 curity. 

13 (3) REPORT.—Upon completion of the 

14 demonstration program, the Secretary 

15 shall submit to the Committees on Home16 land Security and Energy and Commerce 

17 of the House of Representatives and the 

18 Committees on Homeland Security and 

19 Governmental Affairs and Commerce, 

20 Science, and Transportation of the Sen21 ate a report on the implementation of 

22 this subsection. 

23 (e) CONSOLIDATION OF CONTAINER SECURITY

24 PROGRAMS.—The Secretary shall consolidate 

25 all programs of the Department of Homeland 
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1 Security relating to the security of maritime 

2 cargo containers, including the demonstra3 tion program established pursuant to sub4 section (d), to achieve enhanced coordination 

5 and efficiency. 

6 SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT 

7 RONALD REAGAN WASHINGTON NATIONAL 

8 AIRPORT. 

9 Not later than 180 days after the date of 

10 enactment of this Act, the Secretary of Home11 land Security shall implement section 823(a) 

12 of the Vision 100—Century of Aviation Reau13 thorization Act (49 U.S.C. 41718 note; 117 Stat. 

14 2595). 

15 SEC. 308. INTEROPERABLE COMMUNICATIONS ASSIST16 ANCE. 

17 (a) FINDINGS.—The Congress finds the fol18 lowing: 

19 (1) The 9/11 Commission determined 

20 that the inability of first responders to 

21 communicate effectively on September 

22 11, 2001 was a critical obstacle to an ef23 fective multi-jurisdictional response. 

24 (2) Many jurisdictions across the 

25 country still experience difficulties com-
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1 municating that may contribute to confu2 sion, delays, or added risks when re3 sponding to an emergency. 

4 (3) During fiscal year 2004, the Office 

5 for Domestic Preparedness awarded over 

6 $834,000,000 for 2,912 projects through 

7 Department of Homeland Security grant 

8 programs for the purposes of improving 

9 communications interoperability. 

10 (4) Interoperable communications 

11 systems are most effective when designed 

12 to comprehensively address, on a re13 gional basis, the communications of all 

14 types of public safety agencies, first re15 sponder disciplines, and State and local 

16 government facilities. 

17 (5) Achieving communications inter18 operability is complex due to the exten19 sive training, system modifications, and 

20 agreements among the different jurisdic21 tions that are necessary to implement ef22 fective communications systems. 

23 (6) The Congress authorized the De24 partment of Homeland Security to create 

25 an Office for Interoperability and Com-
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1 patibility in the Intelligence Reform and 

2 Terrorism Prevention Act of 2004 to, 

3 among other things, establish a com4 prehensive national approach, coordinate 

5 federal activities, accelerate the adoption 

6 of standards, and encourage research 

7 and development to achieve interoper8 able communications for first responders. 

9 (7) The Office for Interoperability and 

10 Compatibility includes the SAFECOM 

11 Program that serves as the umbrella pro12 gram within the Federal government to 

13 improve public safety communications 

14 interoperability, and has developed the 

15 RAPIDCOM program, the Statewide Com16 munications Interoperability Planning 

17 Methodology, and a Statement of Re18 quirements to provide technical, plan19 ning, and purchasing assistance for Fed20 eral departments and agencies, State and 

21 local governments, and first responders. 

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

23 the Congress that the Department of Home24 land Security should implement as expedi25 tiously as possible the initiatives assigned to 
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1 the Office for Interoperability and Compat2 ibility under section 7303 of the Intelligence 

3 Reform and Terrorism Prevention Act of 2004 

4 (6 U.S.C. 194), including specifically the fol5 lowing: 

6 (1) Establishing a comprehensive na7 tional approach to achieving public safe8 ty interoperable communications. 

9 (2) Issuing letters of intent to commit 

10 future funds for jurisdictions through ex11 isting homeland security grant programs 

12 to applicants as appropriate to encourage 

13 long-term investments that may signifi14 cantly improve communications inter15 operability. 

16 (3) Providing technical assistance to 

17 additional urban and other high-risk 

18 areas to support the establishment of 

19 consistent, secure, and effective inter20 operable communications capabilities. 

21 (4) Completing the report to the Con22 gress on the Department’s plans for accel23 erating the development of national vol24 untary consensus standards for public 

25 safety interoperable communications, a 
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1 schedule of milestones for such develop2 ment, and achievements of such develop3 ment, by no later than 30 days after the 

4 date of enactment of this Act. 

5 SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF 

6 RECOMMENDATIONS REGARDING PROTEC7 TION OF AGRICULTURE. 

8 The Secretary of Homeland Security shall 

9 report to the Committee on Homeland Secu10 rity of the House of Representatives and the 

11 Committee on Homeland Security and Gov12 ernmental Affairs of the Senate by no later 

13 than 120 days after the date of the enactment 

14 of this Act regarding how the Department of 

15 Homeland Security will implement the appli16 cable recommendations from the Government 

17 Accountability Office report entitled ‘‘Home18 land Security: Much is Being Done to Protect 

19 Agriculture from a Terrorist Attack, but Im20 portant Challenges Remain’’ (GAO–05–214). 
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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 ‘‘Depart6 ment of Homeland Security Cybersecurity En7 hancement Act of 2005’’. 

8 SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY. 

9 (a) ESTABLISHMENT.—Section 201(b) of the 

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

11 121(b)) is amended—

12 (1) by redesignating paragraph (3) as 

13 paragraph (4); and 

14 (2) by inserting after paragraph (2) 

15 the following new paragraph: 

16 ‘‘(3) ASSISTANT SECRETARY FOR

17 CYBERSECURITY.—There shall be in the De18 partment an Assistant Secretary for 

19 Cybersecurity, who shall be appointed by 

20 the President.’’; and 

21 (3) in paragraph (4), as redesignated 

22 by subparagraph (A) of this paragraph—

23 (A) by striking ‘‘Analysis and the’’

24 and inserting ‘‘Analysis, the’’ and 
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1 (B) by striking ‘‘Protection shall’’

2 and inserting ‘‘Protection, and the As3 sistant Secretary for Cybersecurity 

4 shall’’. 

5 (b) RESPONSIBILITIES.—The Under Sec6 retary of Information Analysis and Infrastruc7 ture Protection shall assign to the Assistant 

8 Secretary for Cybersecurity responsibility 

9 for—

10 (1) the National Cyber Security Divi11 sion and the National Communications 

12 System within the Department of Home13 land Security; 

14 (2) the cybersecurity-related aspects 

15 of paragraphs (2), (3), (5), (6), (15), and 

16 (17) of subsection (d) of section 201 of the 

17 Homeland Security Act of 2002; and 

18 (3) such other duties as the Under 

19 Secretary may provide pursuant to sec20 tion 201 of such Act. 

21 (c) COORDINATION.—The Assistant Sec22 retary of Cybersecurity shall coordinate all 

23 activities under this subtitle with other Fed24 eral agencies, including the Department of 

25 Commerce, the Department of Energy, the De-
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1 partment of Transportation, the Federal Com2 munications Commission, the Nuclear Regu3 latory Commission, the Federal Energy Regu4 latory Commission, the Environmental Pro5 tection Agency, the Federal Trade Commis6 sion, and the National Telecommunications 

7 and Information Administration. 

8 SEC. 313. CYBERSECURITY DEFINED. 

9 For the purposes of this subtitle, the term 

10 ‘‘cybersecurity’’ means the protection and res11 toration of networked electronic equipment 

12 and facilities, including hardware and soft13 ware and the information contained therein, 

14 from intrusion, interference, and incapacita15 tion. 

16 SEC. 314. CYBERSECURITY TRAINING PROGRAMS AND 

17 EQUIPMENT. 

18 (a) IN GENERAL.—The Secretary of Home19 land Security, acting through the Assistant 

20 Secretary for Cybersecurity, may establish, in 

21 conjunction with the National Science Foun22 dation, a program to award grants to institu23 tions of higher education (and consortia 

24 thereof) for—
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1 (1) the establishment or expansion of 

2 cybersecurity professional development 

3 programs; 

4 (2) the establishment or expansion of 

5 associate degree programs in 

6 cybersecurity; and 

7 (3) the purchase of equipment to pro8 vide training in cybersecurity for either 

9 professional development programs or 

10 degree programs. 

11 (b) ROLES.—

12 (1) DEPARTMENT OF HOMELAND SECU13 RITY.—The Secretary, acting through the 

14 Assistant Secretary for Cybersecurity 

15 and in consultation with the Director of 

16 the National Science Foundation, shall 

17 establish the goals for the program estab18 lished under this section and the criteria 

19 for awarding grants under the program. 

20 (2) NATIONAL SCIENCE FOUNDATION.—

21 The Director of the National Science 

22 Foundation shall operate the program es23 tablished under this section consistent 

24 with the goals and criteria established 

25 under paragraph (1), including soliciting 
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1 applicants, reviewing applications, and 

2 making and administering grant awards. 

3 The Director may consult with the Assist4 ant Secretary for Cybersecurity in select5 ing awardees. 

6 (3) FUNDING.—The Secretary shall 

7 transfer to the National Science Founda8 tion the funds necessary to carry out this 

9 section. 

10 (c) GRANT AWARDS.—

11 (1) PEER REVIEW.—All grant awards 

12 under this section shall be made on a 

13 competitive, merit-reviewed basis. 

14 (2) FOCUS.—In making grant awards 

15 under this section, the Director shall, to 

16 the extent practicable, ensure geographic 

17 diversity and the participation of women 

18 and underrepresented minorities. 

19 (3) PREFERENCE.—In making grant 

20 awards under this section, the Director 

21 shall give preference to applications sub22 mitted by consortia of institutions to en23 courage as many students and profes24 sionals as possible to benefit from this 

25 program. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—

2 Of the amount authorized under section 101, 

3 there is authorized to be appropriated to the 

4 Secretary for carrying out this section 

5 $3,700,000 for fiscal year 2006. 

6 (e) DEFINITIONS.—In this section, the term 

7 ‘‘institution of higher education’’ has the 

8 meaning given that term in section 101(a) of 

9 the Higher Education Act of 1965 (20 U.S.C. 

10 1001(a)). 

11 Subtitle C—Security of Public 

12 Transportation Systems 

13 SEC. 321. SECURITY BEST PRACTICES. 

14 Not later than 120 days after the date of 

15 enactment of this Act, the Secretary of Home16 land Security shall develop, disseminate to 

17 appropriate owners, operators, and providers 

18 of public transportation systems, public 

19 transportation employees and employee rep20 resentatives, and Federal, State, and local of21 ficials, and transmit to Congress, a report 

22 containing best practices for the security of 

23 public transportation systems. In developing 

24 best practices, the Secretary shall be respon25 sible for consulting with and collecting input 
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1 from owners, operators, and providers of pub2 lic transportation systems, public transpor3 tation employee representatives, first re4 sponders, industry associations, private sec5 tor experts, academic experts, and appro6 priate Federal, State, and local officials. 

7 SEC. 322. PUBLIC AWARENESS. 

8 Not later than 90 days after the date of en9 actment of this Act, the Secretary of Home10 land Security shall develop a national plan for 

11 public outreach and awareness. Such plan 

12 shall be designed to increase awareness of 

13 measures that the general public, public 

14 transportation passengers, and public trans15 portation employees can take to increase pub16 lic transportation system security. Such plan 

17 shall also provide outreach to owners, opera18 tors, providers, and employees of public 

19 transportation systems to improve their 

20 awareness of available technologies, ongoing 

21 research and development efforts, and avail22 able Federal funding sources to improve pub23 lic transportation security. Not later than 9 

24 months after the date of enactment of this 
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1 Act, the Secretary shall implement the plan 

2 developed under this section. 

3 Subtitle D—Critical Infrastructure 

4 Prioritization 

5 SEC. 331. CRITICAL INFRASTRUCTURE. 

6 (a) COMPLETION OF PRIORITIZATION.—Not 

7 later than 90 days after the date of the enact8 ment of this Act, the Secretary of Homeland 

9 Security shall complete the prioritization of 

10 the Nation’s critical infrastructure according 

11 to all of the following criteria: 

12 (1) The threat of terrorist attack, 

13 based on threat information received and 

14 analyzed by the Office of Information 

15 Analysis of the Department regarding the 

16 intentions and capabilities of terrorist 

17 groups and other potential threats to the 

18 Nation’s critical infrastructure. 

19 (2) The likelihood that an attack 

20 would cause the destruction or signifi21 cant disruption of such infrastructure. 

22 (3) The likelihood that an attack 

23 would result in substantial numbers of 

24 deaths and serious bodily injuries, a sub25 stantial adverse impact on the national 
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1 economy, or a substantial adverse impact 

2 on national security. 

3 (b) COOPERATION.—Such prioritization 

4 shall be developed in cooperation with other 

5 relevant Federal agencies, State, local, and 

6 tribal governments, and the private sector, as 

7 appropriate. The Secretary shall coordinate 

8 the prioritization under this section with 

9 other Federal agencies, including the Depart10 ment of Commerce, the Department of En11 ergy, the Department of Transportation, the 

12 Federal Communications Commission, the 

13 Nuclear Regulatory Commission, the Federal 

14 Energy Regulatory Commission, the Environ15 mental Protection Agency, the Federal Trade 

16 Commission, and the National Telecommuni17 cations and Information Administration. 

18 SEC. 332. SECURITY REVIEW. 

19 (a) REQUIREMENT.—Not later than 9 

20 months after the date of the enactment of this 

21 Act, the Secretary, in coordination with other 

22 relevant Federal agencies, State, local, and 

23 tribal governments, and the private sector, as 

24 appropriate, shall—
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1 (1) review existing Federal, State, 

2 local, tribal, and private sector plans for 

3 securing the critical infrastructure in4 cluded in the prioritization developed 

5 under section 331; 

6 (2) recommend changes to existing 

7 plans for securing such infrastructure, as 

8 the Secretary determines necessary; and 

9 (3) coordinate and contribute to pro10 tective efforts of other Federal, State, 

11 local, and tribal agencies and the private 

12 sector, as appropriate, as directed in 

13 Homeland Security Presidential Directive 

14 7. 

15 (b) CONTENTS OF PLANS.—The rec16 ommendations made under subsection (a)(2) 

17 shall include—

18 (1) necessary protective measures to 

19 secure such infrastructure, including 

20 milestones and timeframes for implemen21 tation; and 

22 (2) to the extent practicable, perform23 ance metrics to evaluate the benefits to 

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

2 such protective measures. 

3 (c) COORDINATION.—The Secretary shall 

4 coordinate the security review and rec5 ommendations required by subsection (a) 

6 with other Federal agencies, including the 

7 Department of Commerce, the Department of 

8 Energy, the Department of Transportation, 

9 the Federal Communications Commission, the 

10 Nuclear Regulatory Commission, the Federal 

11 Energy Regulatory Commission, the Environ12 mental Protection Agency, the Federal Trade 

13 Commission, and the National Telecommuni14 cations and Information Administration. 

15 SEC. 333. IMPLEMENTATION REPORT. 

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

17 after the date of the enactment of this Act, the 

18 Secretary shall submit a report to the Com19 mittees on Homeland Security and Energy 

20 and Commerce of the House of Representa21 tives and the Committees on Homeland Secu22 rity and Governmental Affairs and Com23 merce, Science, and Transportation of the 

24 Senate on the implementation of section 332. 

25 Such report shall detail—
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1 (1) the Secretary’s review and coordi2 nation of security plans under section 

3 332; and 

4 (2) the Secretary’s oversight of the 

5 execution and effectiveness of such plans. 

6 (b) UPDATE.—Not later than 1 year after 

7 the submission of the report under subsection 

8 (a), the Secretary, following the coordination 

9 required by section 332(c), shall provide an 

10 update of such report to the congressional 

11 committees described in subsection (a). 

12 SEC. 334. PROTECTION OF INFORMATION. 

13 Information that is generated, compiled, 

14 or disseminated by the Department of Home15 land Security in carrying out this section—

16 (1) is exempt from disclosure under 

17 section 552 of title 5, United States Code; 

18 and 

19 (2) shall not, if provided by the De20 partment to a State or local government 

21 or government agency—

22 (A) be made available pursuant to 

23 any State or local law requiring dis24 closure of information or records; 
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1 (B) otherwise be disclosed or dis2 tributed to any person by such State 

3 or local government or government 

4 agency without the written consent of 

5 the Secretary; or 

6 (C) be used other than for the 

7 purpose of protecting critical infra8 structure or protected systems, or in 

9 furtherance of an investigation or the 

10 prosecution of a criminal act. 

11 TITLE IV—MISCELLANEOUS 

12 SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDI13 NATION AND OPERATIONS. 

14 (a) FINDINGS.—The Congress makes the 

15 following findings: 

16 (1) In creating the Department of 

17 Homeland Security, the Congress sought 

18 to enhance the Nation’s capabilities to 

19 prevent, protect against, and respond to 

20 terrorist acts by consolidating existing 

21 Federal agencies with homeland security 

22 functions into a single new Department, 

23 and by realigning the missions of those 

24 legacy agencies to more directly support 

25 our national homeland security efforts. 
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1 (2) As part of this massive govern2 ment reorganization, section 442 of the 

3 Homeland Security Act of 2002 (Public 

4 Law 107–273) established a Bureau of 

5 Border Security and transferred into it 

6 all of the functions, programs, personnel, 

7 assets, and liabilities pertaining to the 

8 following programs: the Border Patrol; 

9 alien detention and removal; immigra10 tion-related intelligence, investigations, 

11 and enforcement activities; and immigra12 tion inspections at ports of entry. 

13 (3) Title IV of the Homeland Security 

14 Act of 2002 (Public Law 107–273) also 

15 transferred to the new Department the 

16 United States Customs Service, as a dis17 tinct entity within the new Department, 

18 to further the Department’s border integ19 rity mission. 

20 (4) Utilizing its reorganization au21 thority provided in the Homeland Secu22 rity Act of 2002, the President submitted 

23 a reorganization plan for the Department 

24 on January 30, 2003. 
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1 (5) This plan merged the customs and 

2 immigration border inspection and patrol 

3 functions, along with agricultural inspec4 tions functions, into a new entity called 

5 United States Customs and Border Pro6 tection. 

7 (6) The plan also combined the cus8 toms and immigration enforcement 

9 agents, as well as the Office of Detention 

10 and Removal Operations, the Office of 

11 Federal Protective Service, the Office of 

12 Federal Air Marshal Service, and the Of13 fice of Intelligence, into another new en14 tity called United States Immigration and 

15 Customs Enforcement. 

16 (7) The President’s January 30, 2003, 

17 reorganization plan did not explain the 

18 reasons for separating immigration in19 spection and border patrol functions 

20 from other immigration-related enforce21 ment activities, which was contrary to 

22 the single Bureau of Border Security as 

23 prescribed by the Congress in the section 

24 441 of the Homeland Security Act of 2002. 
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1 (8) Two years after this structure has 

2 been in effect, questions remain about 

3 whether the Department has organized 

4 itself properly, and is managing its cus5 toms and immigration enforcement and 

6 border security resources in the most ef7 ficient, sensible, and effective manner. 

8 (9) The current structure has resulted 

9 in less cooperation and information shar10 ing between these two critical functions 

11 than is desirable, and has caused oper12 ational and administrative difficulties 

13 that are hampering efforts to secure our 

14 borders and ensure the integrity of our 

15 border control system. 

16 (10) United States Immigration and 

17 Customs Enforcement has faced major 

18 budgetary challenges that are, in part, at19 tributable to the inexact division of re20 sources upon the separation of immigra21 tion functions. These budget shortfalls 

22 have forced United States Immigration 

23 and Customs Enforcement to impose hir24 ing freezes and to release aliens that oth25 erwise should be detained. 
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1 (11) The current structure also has 

2 resulted in unnecessary overlap and du3 plication between United States Immigra4 tion and Customs Enforcement and 

5 United States Customs and Border Pro6 tection, both in the field and at the head7 quarters level. There are intelligence, leg8 islative affairs, public affairs, and inter9 national affairs offices in both agencies. 

10 (12) Border security and customs and 

11 immigration enforcement should be one 

12 seamless mission. 

13 (b) REPORT.—

14 (1) IN GENERAL.—Not later than 30 

15 days after the date of the enactment of 

16 this Act, the Secretary of Homeland Secu17 rity shall review and evaluate the current 

18 organizational structure of the Depart19 ment of Homeland Security established 

20 by the President’s January 30, 2003, reor21 ganization plan and submit a report of 

22 findings and recommendations to the 

23 Congress. 

24 (2) CONTENTS OF REPORT.—The report 

25 shall include—
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1 (A) a description of the rationale 

2 for, and any benefits of, the current 

3 organizational division of United 

4 States Immigration and Customs En5 forcement and United States Customs 

6 and Border Protection, with respect 

7 to the Department’s immigration and 

8 customs missions; 

9 (B) a description of the organiza10 tion, missions, operations, and poli11 cies of United States Customs and 

12 Border Protection and United States 

13 Immigration and Customs Enforce14 ment, and areas of unnecessary over15 lap or operational gaps among and 

16 between these missions; 

17 (C) an analysis of alternative or18 ganizational structures that could 

19 provide a more effective way to de20 liver maximum efficiencies and mis21 sion success; 

22 (D) a description of the current 

23 role of the Directorate of Border and 

24 Transportation Security with respect 

25 to providing adequate direction and 
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1 oversight of the two agencies, and 

2 whether this management structure 

3 is still necessary; 

4 (E) an analysis of whether the 

5 Federal Air Marshals and the Federal 

6 Protective Service are properly lo7 cated within the Department within 

8 United States Immigration and Cus9 toms Enforcement; 

10 (F) the proper placement and 

11 functions of a specialized investiga12 tive and patrol unit operating at the 

13 southwest border on the Tohono 

14 O’odham Nation, known as the Shad15 ow Wolves; 

16 (G) the potential costs of reorga17 nization, including financial, pro18 grammatic, and other costs, to the De19 partment; and 

20 (H) recommendations for cor21 recting the operational and adminis22 trative problems that have been 

23 caused by the division of United 

24 States Customs and Border Protec25 tion and United States Immigration 
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1 and Customs Enforcement, including 

2 any appropriate reorganization plans. 

3 SEC. 402. GAO REPORTS TO CONGRESS. 

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

5 after the date of the enactment of this Act, the 

6 Comptroller General of the United States 

7 shall submit to the Congress a report that sets 

8 forth—

9 (1) an assessment of the effectiveness 

10 of the organizational and management 

11 structure of the Department of Homeland 

12 Security in meeting the Department’s 

13 missions; and 

14 (2) recommendations to facilitate and 

15 improve the organization and manage16 ment of the Department to best meet 

17 those missions. 

18 (b) CYBERSECURITY ASSESSMENT.—Not later 

19 than 6 months after the date of enactment of 

20 this Act, the Comptroller General shall submit 

21 a report to the Committees on Homeland Se22 curity and Energy and Commerce of the 

23 House of Representatives and the Committees 

24 on Homeland Security and Governmental Af25 fairs and Commerce, Science, and Transpor-
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1 tation of the Senate that sets forth an assess2 ment of the effectiveness of the efforts of the 

3 Assistant Secretary for Cybersecurity to ful4 fill the statutory responsibilities of that office. 

5 SEC. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND 

6 COLOCATED REGIONAL OFFICES. 

7 Not later than 60 days after the date of the 

8 enactment of this Act, the Secretary of Home9 land Security shall develop and submit to the 

10 Congress a plan for establishing consolidated 

11 and colocated regional offices for the Depart12 ment of Homeland Security in accordance 

13 with section 706 of the Homeland Security Act 

14 of 2002 (6 U.S.C. 346). 

15 SEC. 404. PLAN TO REDUCE WAIT TIMES. 

16 Not later than 180 days after the date of 

17 enactment of this Act, the Secretary of Home18 land Security shall develop a plan—

19 (1) to improve the operational effi20 ciency of security screening checkpoints 

21 at commercial service airports so that av22 erage peak waiting periods at such 

23 checkpoints do not exceed 20 minutes; 

24 and 
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1 (2) to ensure that there are no signifi2 cant disparities in immigration and cus3 toms processing times among airports 

4 that serve as international gateways. 

5 SEC. 405. DENIAL OF TRANSPORTATION SECURITY CARD. 

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

7 Code, is amended—

8 (1) in paragraph (3) by inserting be9 fore the period ‘‘before an administrative 

10 law judge’’; and 

11 (2) by adding at the end the fol12 lowing: 

13 ‘‘(5) In making a determination under 

14 paragraph (1)(D), the Secretary shall not con15 sider a felony conviction if—

16 ‘‘(A) that felony occurred more than 7 

17 years prior to the date of the Secretary’s 

18 determination; and 

19 ‘‘(B) the felony was not related to ter20 rorism (as that term is defined in section 

21 2 of the Homeland Security Act of 2002 (6 

22 U.S.C. 101)).’’. 
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1 SEC. 406. 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 

6 than 180 days after the date of the enactment 

7 of this Act, the Secretary of Homeland Secu8 rity shall transfer to the Bureau of Immigra9 tion and Customs Enforcement all functions 

10 (including the personnel, assets, and obliga11 tions held by or available in connection with 

12 such functions) of the Customs Patrol Officers 

13 unit of the Bureau of Customs and Border 

14 Protection operating on the Tohono O’odham 

15 Indian reservation (commonly known as the 

16 ‘Shadow Wolves’ unit). 

17 (b) ESTABLISHMENT OF NEW UNITS.—The 

18 Secretary is authorized to establish within 

19 the Bureau of Immigration and Customs En20 forcement additional units of Customs Patrol 

21 Officers in accordance with this section. 

22 (c) DUTIES.—The Secretary is authorized 

23 to establish within the Bureau of Immigration 

24 and Customs Enforcement additional units of 

25 Customs Patrol Officers in accordance with 

26 this section. 
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1 (d) BASIC PAY FOR JOURNEYMAN OFFI2 CERS.—The rate of basic pay for a journeyman 

3 Customs Patrol Officer in a unit described in 

4 this section shall be not less than the rate of 

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

6 (e) SUPERVISORS.—Each unit described 

7 under this section shall be supervised by a 

8 Chief Customs Patrol Officer, who shall have 

9 the same rank as a resident agent-in-charge of 

10 the Office of Investigations. 

11 SEC. 407. AUTHORITY AND RESPONSIBILITY OF OTHER 

12 FEDERAL AGENCIES. 

13 Nothing in this Act shall diminish or oth14 erwise affect the authority or responsibility 

15 under statute, regulation, or Executive order 

16 of other Federal agencies than the Depart17 ment of Homeland Security, including the De18 partment of Commerce, the Department of 

19 Energy, the Department of Transportation, 

20 the Federal Communications Commission, the 

21 Nuclear Regulatory Commission, the Federal 

22 Energy Regulatory Commission, the Environ23 mental Protection Agency, the Federal Trade 

24 Commission, and the National Telecommuni25 cations and Information Administration. 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department 

3 of Homeland Security Authorization Act for 

4 Fiscal Year 2006’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as fol7 lows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Department of Homeland Security. 

Sec. 102. Immigration resources. 

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. 

TITLE II—TERRORISM PREVENTION, INFORMATION 

SHARING, AND RISK ASSESSMENT 

Subtitle A—Terrorism Prevention 

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

Sec. 202. Consolidated background check process. 

Subtitle B—Homeland Security Information Sharing and 

Analysis Enhancement 

Sec. 211. Short title. 

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

sector officials. 

Sec. 213. Analytic expertise on the threats from biological 

agents and nuclear weapons. 

Sec. 214. Alternative analysis of homeland security information. 

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

Sec. 216. Authority for disseminating homeland security information. 

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

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

Sec. 219. Access of Assistant Secretary for Information Analysis 

to terrorism information. 

Sec. 220. Administration of the Homeland Security Information 

Network. 
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Sec. 221. IAIP personnel recruitment. 

Sec. 222. Homeland Security Advisory System. 

Sec. 223. Use of open-source information. 

Sec. 224. Full and efficient use of open-source information. 

TITLE III—DOMESTIC PREPAREDNESS AND PROTECTION 

Subtitle A—Preparedness and Protection 

Sec. 301. National terrorism exercise program. 

Sec. 302. Technology development and transfer. 

Sec. 303. Review of antiterrorism acquisitions. 

Sec. 304. Center of Excellence for Border Security. 

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

Sec. 306. Security of maritime cargo containers. 

Sec. 307. Security plan for general aviation at Ronald Reagan 

Washington National Airport. 

Sec. 308. Interoperable communications assistance. 

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

Subtitle B—Department of Homeland Security Cybersecurity 

Enhancement 

Sec. 311. Short title. 

Sec. 312. Assistant Secretary for Cybersecurity. 

Sec. 313. Cybersecurity defined. 

Sec. 314. Cybersecurity training programs and equipment. 

Sec. 315. Information security requirements and OMB responsibilities not affected. 

Subtitle C—Security of public transportation systems 

Sec. 321. Security best practices. 

Sec. 322. Public awareness. 

Subtitle D—Critical infrastructure prioritization 

Sec. 331. Critical infrastructure. 

Sec. 332. Security review. 

Sec. 333. Implementation report. 

Sec. 334. Protection of information. 

TITLE IV—MISCELLANEOUS 

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

Sec. 402. GAO report to Congress. 

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

Sec. 404. Plan to reduce wait times. 

Sec. 405. Denial of transportation security card. 

Sec. 406. Transfer of existing Customs Patrol Officers unit and 

establishment of new CPO units in the U.S. Immigration and Customs Enforcement. 

Sec. 407. Data collection on use of immigration consultants. 
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1 SEC. 3. DEFINITIONS. 

2 For purposes of this Act, the terms ‘‘pre3 vent terrorist attacks’’ and ‘‘terrorism preven4 tion’’ are intended to encompass securing our 

5 borders, securing our critical infrastructure, 

6 disseminating homeland security information 

7 to Federal, State, and local government agen8 cies, and preparing first responders for a ter9 rorist attack. 

10 TITLE I—AUTHORIZATION OF 

11 APPROPRIATIONS 

12 SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

13 There is authorized to be appropriated to 

14 the Secretary of Homeland Security for the 

15 necessary expenses of the Department of Home16 land Security for fiscal year 2006, 

17 $34,152,143,000. 

18 SEC. 102. IMMIGRATION RESOURCES. 

19 (a) Of the amount authorized under sec20 tion 101, there is authorized to be appro21 priated for fiscal year 2006 for border security 

22 and control between ports of entry, including 

23 for the hiring of 2,000 border patrol agents in 

24 addition to the number employed on the date 

25 of enactment of this Act, and related training 

26 and support costs, $1,916,427,000. 
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1 (b) Of the amount authorized under sec2 tion 101, there is authorized to be appro3 priated for fiscal year 2006 for the U.S. Immi4 gration and Customs Enforcement Legal Pro5 gram sufficient sums for the hiring of an addi6 tional 300 attorneys in addition to the number 

7 employed on the date of this Act, and related 

8 training and support costs. 

9 (c) Of the amount authorized under sec10 tion 101, there is authorized to be appro11 priated for fiscal year 2006 for U.S. Citizen12 ship and Immigration Services sufficient sums 

13 for the hiring of an additional 300 adjudica14 tors to carry out the functions stated in section 

15 451(b) of the Homeland Security Act of 2002 in 

16 addition to the number employed on the date 

17 of this Act, and related training and support 

18 costs. 

19 SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS. 

20 Of the amount authorized under section 

21 101, there is authorized to be appropriated for 

22 fiscal year 2006 for departmental management 

23 and operations, $634,687,000, of which—
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1 (1) $44,895,000 is authorized for the 

2 Department of Homeland Security Re3 gions Initiative; 

4 (2) $4,459,000 is authorized for Oper5 ation Integration Staff; and 

6 (3) $56,278,000 is authorized for Office 

7 of Security initiatives. 

8 SEC. 104. CRITICAL INFRASTRUCTURE GRANTS. 

9 Of the amount authorized under section 

10 101, there is authorized to be appropriated for 

11 fiscal year 2006 for grants and other assist12 ance to improve critical infrastructure protec13 tion, $500,000,000. 

14 SEC. 105. RESEARCH AND DEVELOPMENT. 

15 Of the amount authorized under section 

16 101, there are authorized to be appropriated 

17 for fiscal year 2006—

18 (1) $76,573,000 to support chemical 

19 countermeasure development activities of 

20 the Directorate of Science and Tech21 nology; 

22 (2) $197,314,000 to support a nuclear 

23 detection office and related activities of 

24 such directorate; 
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1 (3) $10,000,000 for research and devel2 opment of technologies capable of coun3 tering threats posed by man-portable air 

4 defense systems, including location-based 

5 technologies and noncommercial aircraft6 based technologies; and 

7 (4) $10,600,000 for the activities of 

8 such directorate conducted pursuant to 

9 subtitle G of title VIII of the Homeland Se10 curity Act of 2002 (6 U.S.C. 441 et seq.). 

11 SEC. 106. BORDER AND TRANSPORTATION SECURITY. 

12 Of the amount authorized under section 

13 101, there are authorized to be appropriated 

14 for fiscal year 2006—

15 (1) $826,913,000 for expenses related to 

16 Screening Coordination and Operations 

17 of the Directorate of Border and Trans18 portation Security; 

19 (2) $100,000,000 for weapons of mass 

20 destruction detection technology of such 

21 directorate; and 

22 (3) $133,800,000 for the Container Se23 curity Initiative of such directorate. 
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1 SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS. 

2 (a) FISCAL YEAR 2006.—Of the amount au3 thorized under section 101, there is authorized 

4 to be appropriated for fiscal year 2006—

5 (1) $40,500,000 for the activities of the 

6 Office for Interoperability and Compat7 ibility within the Directorate of Science 

8 and Technology pursuant to section 7303 

9 of the Intelligence Reform and Terrorism 

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

11 (2) $1,000,000,000 for discretionary 

12 grants for high-threat, high-density urban 

13 areas awarded by the Office of State and 

14 Local Government Coordination and Pre15 paredness; and 

16 (3) subsequent to the completion of a 

17 feasibility study by the Federal Govern18 ment finding conclusively the need for a 

19 regional homeland security center which 

20 enhances coordination for terrorism pre21 paredness between all levels of govern22 ment, sufficient sums as may be necessary 

23 for the development of a center for train24 ing for Federal, State, and local law en25 forcement officials with an expertise in 

26 terrorism preparedness. 
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1 (b) USE OF GRANTS FOR ‘‘TERRORISM

2 COPS’’.—

3 (1) IN GENERAL.—Notwithstanding any 

4 other provision of law, a covered grant 

5 may be used to pay the salaries of law en6 forcement officers hired exclusively for 

7 terrorism and homeland security matters. 

8 (2) COVERED GRANT.—In this sub9 section, the term ‘‘covered grant’’ applies 

10 to—

11 (A) the State Homeland Security 

12 Grant Program of the Department, or 

13 any successor to such grant program; 

14 (B) the Urban Area Security Ini15 tiative of the Department, or any suc16 cessor to such grant program; and 

17 (C) the Law Enforcement Ter18 rorism Prevention Program of the De19 partment, or any successor to such 

20 grant program. 
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1 TITLE II—TERRORISM PREVEN2 TION, INFORMATION SHAR3 ING, AND RISK ASSESSMENT 

4 Subtitle A—Terrorism Prevention 

5 SEC. 201. TERRORISM PREVENTION PLAN AND RELATED 

6 BUDGET SUBMISSION. 

7 (a) DEPARTMENT OF HOMELAND SECURITY

8 TERRORISM PREVENTION PLAN.—

9 (1) REQUIREMENTS.—Not later than 1 

10 year after the date of enactment of the 

11 Act, and on a regular basis thereafter, the 

12 Secretary of Homeland Security shall pre13 pare and submit to the Committee on 

14 Homeland Security and the Committee on 

15 the Judiciary of the House of Representa16 tives and the Committee on Homeland Se17 curity and Governmental Affairs and the 

18 Committee on the Judiciary of the Senate 

19 a Department of Homeland Security Ter20 rorism Prevention Plan. The Plan shall be 

21 a comprehensive and integrated plan that 

22 includes the goals, objectives, milestones, 

23 and key initiatives of the Department of 

24 Homeland Security to prevent acts of ter-
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1 rorism on the United States, including its 

2 territories and interests. 

3 (2) CONTENTS.—The Secretary shall in4 clude in the Plan the following elements: 

5 (A) Identification of the 

6 vulnerabilities in relation to current, 

7 evolving, and long-term terrorist 

8 threats to the United States and its in9 terests, including an evaluation of—

10 (i) the materials that may be 

11 used to carry out a potential at12 tack; 

13 (ii) the methods that may be 

14 used to carry out a potential at15 tack; and 

16 (iii) the outcome the perpetra17 tors of acts of terrorism aim to 

18 achieve. 

19 (B) A prioritization of the threats 

20 identified under subparagraph (B), 

21 based on an assessment of probability 

22 and consequence of such attacks. 

23 (C) A description of processes and 

24 procedures that the Secretary shall es25 tablish to institutionalize close co-
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1 ordination between the Department of 

2 Homeland Security and the National 

3 Counter Terrorism Center and other 

4 appropriate United States intelligence 

5 agencies. 

6 (D) The policies and procedures 

7 the Secretary shall establish to ensure 

8 the Department disseminates this in9 formation received from the National 

10 Counter Terrorism Center throughout 

11 the Department, as appropriate; uti12 lizes this information to support the 

13 Department’s mission to reduce vul14 nerability to terrorism; integrates the 

15 Department’s information collection 

16 and analysis functions; and dissemi17 nates this information to its oper18 ational units, as appropriate. 

19 (E) A description of the specific 

20 actions the Secretary shall take to 

21 identify vulnerabilities to terrorist at22 tacks of the United States and its in23 terests, and to coordinate activities 

24 within the Department to prevent acts 
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1 of terrorism, with special emphasis on 

2 weapons of mass destruction. 

3 (F) A description of initiatives the 

4 Secretary shall take to share home5 land security information with, and 

6 provide homeland security support to, 

7 State and local governments and the 

8 private sector. 

9 (G) A timeline, with goals and 

10 milestones, for implementing the 

11 Homeland Security Information Net12 work, the Homeland Security Secure 

13 Data Network, and other depart14 mental information initiatives to pre15 vent acts of terrorism on the United 

16 States and its interests, including in17 tegration of these initiatives in the op18 erations of the Homeland Security Op19 erations Center. 

20 (H) Such other elements as the 

21 Secretary considers appropriate con22 sistent with this plan. 

23 (3) CONSULTATION.—In formulating the 

24 Plan to reduce the vulnerability of the 
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1 United States to terrorist attacks, the Sec2 retary shall consult with—

3 (A) the Director of National Intel4 ligence; 

5 (B) the Director of the National 

6 Counter Terrorism Center; 

7 (C) the Attorney General; 

8 (D) the Director of the Federal Bu9 reau of Investigation; 

10 (E) the Secretary of Defense; 

11 (F) the Secretary of State; 

12 (G) the Secretary of Energy; 

13 (H) the Secretary of the Treasury; 

14 and 

15 (I) the heads of other Federal 

16 agencies and State, county, and local 

17 law enforcement agencies as the Sec18 retary considers appropriate. 

19 (4) CLASSIFICATION.—The Secretary 

20 shall prepare the Plan in both classified 

21 and nonclassified forms. 

22 (b) ANNUAL CROSSCUTTING ANALYSIS OF

23 PROPOSED FUNDING FOR DEPARTMENT OF HOME24 LAND SECURITY PROGRAMS.—
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1 (1) REQUIREMENT TO SUBMIT ANAL2 YSIS.—The Secretary of Homeland Security 

3 shall submit to the Congress, concurrently 

4 with the submission of the President’s 

5 budget for each fiscal year, a detailed, 

6 crosscutting analysis of the budget pro7 posed for the Department of Homeland Se8 curity, by budget function, by agency, and 

9 by initiative area, identifying the re10 quested amounts of gross and net appro11 priations or obligational authority and 

12 outlays for programs and activities of the 

13 Department for each of the following mis14 sion areas: 

15 (A) To prevent terrorist attacks 

16 within the United States. 

17 (B) To reduce the vulnerability of 

18 the United States to terrorism. 

19 (C) To minimize the damage, and 

20 assist in the recovery, from terrorist 

21 attacks that do occur within the 

22 United States. 

23 (D) To carry out all functions of 

24 the agencies and subdivisions within 
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1 the Department that are not related 

2 directly to homeland security. 

3 (2) FUNDING ANALYSIS OF MULTIPURPOSE

4 FUNCTIONS.—The analysis required under 

5 paragraph (1) for functions that are both 

6 related directly and not related directly to 

7 homeland security shall include a de8 tailed allocation of funding for each spe9 cific mission area within those functions, 

10 including an allocation of funding among 

11 mission support functions, such as agency 

12 overhead, capital assets, and human cap13 ital. 

14 (3) INCLUDED TERRORISM PREVENTION

15 ACTIVITIES.—The analysis required under 

16 paragraph (1)(A) shall include the fol17 lowing activities (among others) of the De18 partment: 

19 (A) Intelligence and law enforce20 ment operations that screen for indi21 viduals who plan or intend to carry 

22 out acts of terrorism. 

23 (B) Intelligence and law enforce24 ment operations that identify and re-
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1 spond to vulnerabilities of the United 

2 States to terrorism. 

3 (C) Operations to detect and pre4 vent terrorist attacks within the 

5 United States, including the introduc6 tion of weapons of mass destruction 

7 into the United States. 

8 (D) Initiatives to detect potential, 

9 or the early stages of actual, biologi10 cal, chemical, radiological, or nuclear 

11 attacks. 

12 (E) Screening individuals against 

13 terrorist watch lists. 

14 (F) Screening cargo to identify 

15 and segregate high-risk shipments. 

16 (G) Utilization by the Department 

17 of Homeland Security of information 

18 and intelligence received from other 

19 Federal agencies, and foreign, State, 

20 local, tribal and private sector offi21 cials, to detect or prevent acts of ter22 rorism. 

23 (H) Dissemination by the Depart24 ment of Homeland Security of infor25 mation to other Federal agencies, and 
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1 State, local, tribal and private sector 

2 officials. 

3 (I) Investments in technology, re4 search and development, training, 

5 and communications systems that are 

6 designed to improve the performance 

7 of the Department and its agencies 

8 with respect to each of the activities 

9 listed in subparagraphs (A) through 

10 (H). 

11 (4) SEPARATE DISPLAYS FOR MANDATORY

12 AND DISCRETIONARY AMOUNTS.—Each anal13 ysis under paragraph (1) shall include 

14 separate displays for proposed mandatory 

15 appropriations and proposed discre16 tionary appropriations. 

17 SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS. 

18 (a) REQUIREMENT.—The Secretary shall 

19 consult with the Attorney General, to establish 

20 a single process for conducting the security 

21 screening and background checks on individ22 uals participating in any voluntary or manda23 tory departmental credentialing or registered 

24 traveler program. 
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1 (b) INCLUDED PROGRAMS.—The process es2 tablished under subsection (a) shall be suffi3 cient to meet the security requirements of all 

4 applicable Departmental programs, includ5 ing—

6 (1) the Transportation Worker Identi7 fication Credential; 

8 (2) the Hazmat Endorsement Creden9 tial; 

10 (3) the Free and Secure Trade pro11 gram; 

12 (4) the NEXUS and SENTRI border 

13 crossing programs; 

14 (5) the Registered Traveler program of 

15 the Transportation Security Administra16 tion; and 

17 (6) any other similar program or cre18 dential considered appropriate for inclu19 sion by the Secretary. 

20 (c) FEATURES OF PROCESS.—The process es21 tablished under subsection (a) shall include 

22 the following: 

23 (1) A single submission of security 

24 screening information, including personal 

25 data and biometric information as appro-
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1 priate, necessary to meet the security re2 quirements of all applicable depart3 mental programs. 

4 (2) An ability to submit such security 

5 screening information at any location or 

6 through any process approved by the Sec7 retary with respect to any of the applica8 ble departmental programs. 

9 (3) Acceptance by the Department of a 

10 security clearance issued by a Federal 

11 agency, to the extent that the security 

12 clearance process of the agency satisfies 

13 requirements that are at least as strin14 gent as those of the applicable depart15 mental programs under this section. 

16 (4) Standards and procedures for pro17 tecting individual privacy, confiden18 tiality, record retention, and addressing 

19 other concerns relating to information se20 curity. 

21 (d) DEADLINES.—The Secretary of Home22 land Security shall—

23 (1) submit a description of the process 

24 developed under subsection (a) to the 

25 Committee on Homeland Security of the 
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1 House of Representatives and the Com2 mittee on Homeland Security and Govern3 mental Affairs of the Senate by not later 

4 than 6 months after the date of the enact5 ment of this Act; and 

6 (2) begin implementing such process 

7 by not later than 12 months after the date 

8 of the enactment of this Act. 

9 (e) RELATIONSHIP TO OTHER LAWS.—(1) 

10 Nothing in this section affects any statutory 

11 requirement relating to the operation of the 

12 programs described in subsection (b). 

13 (2) Nothing in this section affects any stat14 utory requirement relating to title III of the In15 telligence Reform and Terrorism Prevention 

16 Act of 2004 (50 U.S.C. 435b et seq.). 

17 Subtitle B—Homeland Security In18 formation Sharing and Analysis 

19 Enhancement 

20 SEC. 211. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Home22 land Security Information Sharing and Anal23 ysis Enhancement Act of 2005’’. 
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1 SEC. 212. PROVISION OF TERRORISM-RELATED INFORMA2 TION TO PRIVATE SECTOR OFFICIALS. 

3 Section 201(d) of the Homeland Security 

4 Act of 2002 (6 U.S.C. 121(d)) is amended by 

5 adding at the end the following: 

6 ‘‘(20) To require, in consultation with 

7 the Assistant Secretary for Infrastructure 

8 Protection, the creation and routine dis9 semination of analytic reports and prod10 ucts designed to provide timely and accu11 rate information that has specific rel12 evance to each of the Nation’s critical in13 frastructure sectors (as identified in the 

14 national infrastructure protection plan 

15 issued under paragraph (5)), to private 

16 sector officials in each such sector who 

17 are responsible for protecting institutions 

18 within that sector from potential acts of 

19 terrorism and for mitigating the potential 

20 consequences of any such act.’’. 

21 SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BI22 OLOGICAL AGENTS AND NUCLEAR WEAPONS. 

23 Section 201(d) of the Homeland Security 

24 Act of 2002 (6 U.S.C. 121(d)) is further amend25 ed by adding at the end the following: 
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1 ‘‘(21) To ensure sufficient analytic ex2 pertise within the Office of Information 

3 Analysis to create and disseminate, on an 

4 ongoing basis, products based on the 

5 analysis of homeland security informa6 tion, as defined in section 892(f)(1), with 

7 specific reference to the threat of ter8 rorism involving the use of nuclear weap9 ons and biological agents to inflict mass 

10 casualties or other catastrophic con11 sequences on the population or territory of 

12 the United States.’’. 

13 SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECU14 RITY INFORMATION. 

15 (a) REQUIREMENT.—Subtitle A of title II of 

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

17 121 et seq.) is amended by adding at the end 

18 the following: 

19 ‘‘SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECU20 RITY INFORMATION. 

21 ‘‘The Secretary shall establish a process 

22 and assign an individual or entity the respon23 sibility to ensure that, as appropriate, ele24 ments of the Department conduct alternative 

25 analysis (commonly referred to as ‘red-team 
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1 analysis’) of homeland security information, 

2 as that term is defined in section 892(f)(1), 

3 that relates to potential acts of terrorism in4 volving the use of nuclear weapons or biologi5 cal agents to inflict mass casualties or other 

6 catastrophic consequences on the population 

7 or territory of the United States.’’. 

8 (b) CLERICAL AMENDMENT.—The table of 

9 contents in section 1(b) of such Act is amended 

10 by inserting after the item relating to section 

11 202 the following: 

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

12 SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND IN13 FRASTRUCTURE PROTECTION FUNCTIONS. 

14 Section 201(b) of the Homeland Security 

15 Act of 2002 (6 U.S.C. 121(b)) is amended by 

16 adding at the end the following: 

17 ‘‘(4) ASSIGNMENT OF SPECIFIC FUNC18 TIONS.—The Under Secretary for Informa19 tion Analysis and Infrastructure Protec20 tion—

21 ‘‘(A) shall assign to the Assistant 

22 Secretary for Information Analysis the 

23 responsibility for performing the func24 tions described in paragraphs (1), (4), 
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1 (7) through (14), (16), and (18) of sub2 section (d); 

3 ‘‘(B) shall assign to the Assistant 

4 Secretary for Infrastructure Protec5 tion the responsibility for performing 

6 the functions described in paragraphs 

7 (2), (5), and (6) of subsection (d); 

8 ‘‘(C) shall ensure that the Assist9 ant Secretary for Information Anal10 ysis and the Assistant Secretary for 

11 Infrastructure Protection both per12 form the functions described in para13 graphs (3), (15), (17), and (19) of sub14 section (d); 

15 ‘‘(D) may assign to each such As16 sistant Secretary such other duties re17 lating to such responsibilities as the 

18 Under Secretary may provide; 

19 ‘‘(E) shall direct each such Assist20 ant Secretary to coordinate with Fed21 eral, State, and local law enforcement 

22 agencies, and with tribal and private 

23 sector entities, as appropriate; and 

24 ‘‘(F) shall direct the Assistant Sec25 retary for Information Analysis to co-
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1 ordinate with elements of the intel2 ligence community, as appropriate.’’. 

3 SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SE4 CURITY INFORMATION. 

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

6 Security Act of 2002 (6 U.S.C. 111 et seq.) is 

7 amended by adding at the end the following: 

8 ‘‘SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SE9 CURITY INFORMATION. 

10 ‘‘The Secretary shall be the principal exec11 utive branch official responsible for dissemi12 nating homeland security information to State 

13 and local government and tribal officials and 

14 the private sector. ’’. 

15 (b) CLERICAL AMENDMENT.—The table of 

16 contents in section 1(b) of such Act is amended 

17 by inserting after the item relating to section 

18 103 the following: 

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

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

20 PROGRAM. 

21 (a) ESTABLISHMENT OF PROGRAM.—Subtitle 

22 A of title II of the Homeland Security Act of 

23 2002 (6 U.S.C. 121 et seq.) is further amended 

24 by adding at the end the following: 
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1 ‘‘SEC. 204. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS 

2 PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—The Secretary shall 

5 establish a fellowship program in accord6 ance with this section for the purpose of 

7 bringing State, local, tribal, and private 

8 sector officials to participate in the work 

9 of the Homeland Security Operations Cen10 ter in order to become familiar with—

11 ‘‘(A) the mission and capabilities 

12 of that Center; and 

13 ‘‘(B) the role, programs, products, 

14 and personnel of the Office of Infor15 mation Analysis, the Office of Infra16 structure Protection, and other ele17 ments of the Department responsible 

18 for the integration, analysis, and dis19 semination of homeland security in20 formation, as defined in section 

21 892(f)(1). 

22 ‘‘(2) PROGRAM NAME.—The program 

23 under this section shall be known as the 

24 9/11 Memorial Homeland Security Fellows 

25 Program. 
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1 ‘‘(b) ELIGIBILITY.—In order to be eligible for 

2 selection as a fellow under the program, an in3 dividual must—

4 ‘‘(1) have homeland security-related 

5 responsibilities; and 

6 ‘‘(2) possess an appropriate national 

7 security clearance. 

8 ‘‘(c) LIMITATIONS.—The Secretary—

9 ‘‘(1) may conduct up to 4 iterations of 

10 the program each year, each of which 

11 shall be 90 days in duration; and 

12 ‘‘(2) shall ensure that the number of 

13 fellows selected for each iteration does not 

14 impede the activities of the Center. 

15 ‘‘(d) CONDITION.—As a condition of select16 ing an individual as a fellow under the pro17 gram, the Secretary shall require that the in18 dividual’s employer agree to continue to pay 

19 the individual’s salary and benefits during the 

20 period of the fellowship. 

21 ‘‘(e) STIPEND.—During the period of the fel22 lowship of an individual under the program, 

23 the Secretary shall, subject to the availability 

24 of appropriations—
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1 ‘‘(1) provide to the individual a sti2 pend to cover the individual’s reasonable 

3 living expenses during the period of the 

4 fellowship; and 

5 ‘‘(2) reimburse the individual for 

6 round-trip, economy fare travel to and 

7 from the individual’s place of residence 

8 twice each month.’’. 

9 (b) CLERICAL AMENDMENT.—The table of 

10 contents in section 1(b) of such Act is further 

11 amended by adding at the end of the items re12 lating to such subtitle the following: 

‘‘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 

16 Act of 2002 (6 U.S.C. 121(d)) is further amend17 ed by adding at the end the following: 

18 ‘‘(22) To ensure that—

19 ‘‘(A) the Assistant Secretary for In20 formation Analysis receives promptly 

21 and without request all information 

22 obtained by any component of the De23 partment if that information relates, 

24 directly or indirectly, to a threat of 
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1 terrorism involving the potential use 

2 of nuclear weapons; 

3 ‘‘(B) such information is—

4 ‘‘(i) integrated and analyzed 

5 comprehensively; and 

6 ‘‘(ii) disseminated in a timely 

7 manner, including to appro8 priately cleared Federal, State, 

9 local, tribal, and private sector of10 ficials; and 

11 ‘‘(C) such information is used to 

12 determine what requests the Depart13 ment should submit for collection of 

14 additional information relating to 

15 that threat.’’. 

16 SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFOR17 MATION ANALYSIS TO TERRORISM INFORMA18 TION. 

19 Section 201(d) of the Homeland Security 

20 Act of 2002 (6 U.S.C. 121(d)) is further amend21 ed by adding at the end the following: 

22 ‘‘(23) To ensure that the Assistant Sec23 retary for Information Analysis—

24 ‘‘(A) is routinely and without re25 quest given prompt access to all ter-
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1 rorism-related information collected 

2 by or otherwise in the possession of 

3 any component of the Department, in4 cluding all homeland security infor5 mation (as that term is defined in sec6 tion 892(f)(1)); and 

7 ‘‘(B) to the extent technologically 

8 feasible has direct access to all data9 bases of any component of the Depart10 ment that may contain such informa11 tion.’’. 

12 SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY 

13 INFORMATION NETWORK. 

14 Section 201(d) of the Homeland Security 

15 Act of 2002 (6 U.S.C. 121(d)) is further amend16 ed by adding at the end the following: 

17 ‘‘(24) To administer the homeland se18 curity information network, including—

19 ‘‘(A) exercising primary responsi20 bility for establishing a secure nation21 wide real-time homeland security in22 formation sharing network for Fed23 eral, State, and local government 

24 agencies and authorities, tribal offi25 cials, the private sector, and other 
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1 governmental and private entities in2 volved in receiving, analyzing, and 

3 distributing information related to 

4 threats to homeland security; 

5 ‘‘(B) ensuring that the information 

6 sharing systems, developed in connec7 tion with the network established 

8 under subparagraph (A), are utilized 

9 and are compatible with, to the great10 est extent practicable, Federal, State, 

11 and local government, tribal, and pri12 vate sector antiterrorism systems and 

13 protocols that have been or are being 

14 developed; and 

15 ‘‘(C) ensuring, to the greatest ex16 tent possible, that the homeland secu17 rity information network and infor18 mation systems are integrated and 

19 interoperable with existing private 

20 sector technologies.’’. 

21 SEC. 221. IAIP PERSONNEL RECRUITMENT. 

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

23 United States Code, is amended by adding 

24 after section 9701 the following: 
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1 ‘‘§ 9702. Recruitment bonuses 

2 ‘‘(a) IN GENERAL.—Notwithstanding any 

3 provision of chapter 57, the Secretary of Home4 land Security, acting through the Under Sec5 retary for Information Analysis and Infra6 structure Protection, may pay a bonus to an in7 dividual in order to recruit such individual 

8 for a position that is primarily responsible for 

9 discharging the analytic responsibilities speci10 fied in section 201(d) of the Homeland Security 

11 Act of 2002 (6 U.S.C. 121(d)) and that—

12 ‘‘(1) is within the Directorate for In13 formation Analysis and Infrastructure 

14 Protection; and 

15 ‘‘(2) would be difficult to fill in the ab16 sence of such a bonus. 

17 In determining which individuals are to re18 ceive bonuses under this section, appropriate 

19 consideration shall be given to the Direc20 torate’s critical need for linguists. 

21 ‘‘(b) BONUS AMOUNT, FORM, ETC.—

22 ‘‘(1) IN GENERAL.—The amount of a 

23 bonus under this section shall be deter24 mined under regulations of the Secretary 

25 of Homeland Security, but may not exceed 
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1 50 percent of the annual rate of basic pay 

2 of the position involved. 

3 ‘‘(2) FORM OF PAYMENT.—A bonus 

4 under this section shall be paid in the 

5 form of a lump-sum payment and shall 

6 not be considered to be part of basic pay. 

7 ‘‘(3) COMPUTATION RULE.—For purposes 

8 of paragraph (1), the annual rate of basic 

9 pay of a position does not include any 

10 comparability payment under section 5304 

11 or any similar authority. 

12 ‘‘(c) SERVICE AGREEMENTS.—Payment of a 

13 bonus under this section shall be contingent 

14 upon the employee entering into a written serv15 ice agreement with the Department of Home16 land Security. The agreement shall include—

17 ‘‘(1) the period of service the indi18 vidual shall be required to complete in re19 turn for the bonus; and 

20 ‘‘(2) the conditions under which the 

21 agreement may be terminated before the 

22 agreed-upon service period has been com23 pleted, and the effect of any such termi24 nation. 
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1 ‘‘(d) ELIGIBILITY.—A bonus under this sec2 tion may not be paid to recruit an individual 

3 for—

4 ‘‘(1) a position to which an individual 

5 is appointed by the President, by and with 

6 the advice and consent of the Senate; 

7 ‘‘(2) a position in the Senior Executive 

8 Service as a noncareer appointee (as de9 fined under section 3132(a)); or 

10 ‘‘(3) a position which has been ex11 cepted from the competitive service by rea12 son of its confidential, policy-determining, 

13 policy-making, or policy-advocating char14 acter. 

15 ‘‘(e) TERMINATION.—The authority to pay 

16 bonuses under this section shall terminate on 

17 September 30, 2008. 

18 ‘‘§ 9703. Reemployed annuitants 

19 ‘‘(a) IN GENERAL.—If an annuitant receiv20 ing an annuity from the Civil Service Retire21 ment and Disability Fund becomes employed 

22 in a position within the Directorate for Infor23 mation Analysis and Infrastructure Protection 

24 of the Department of Homeland Security, the 

25 annuitant’s annuity shall continue. An annu-
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1 itant so reemployed shall not be considered an 

2 employee for the purposes of chapter 83 or 84. 

3 ‘‘(b) TERMINATION.—The exclusion pursu4 ant to this section of the Directorate for Infor5 mation Analysis and Infrastructure Protection 

6 from the reemployed annuitant provisions of 

7 chapters 83 and 84 shall terminate 3 years 

8 after the date of the enactment of this section, 

9 unless extended by the Secretary of Homeland 

10 Security. Any such extension shall be for a pe11 riod of 1 year and shall be renewable. 

12 ‘‘(c) ANNUITANT DEFINED.—For purposes of 

13 this section, the term ‘annuitant’ has the 

14 meaning given such term under section 8331 

15 or 8401, whichever is appropriate. 

16 ‘‘§ 9704. Regulations 

17 ‘‘The Secretary of Homeland Security, in 

18 consultation with the Director of the Office of 

19 Personnel Management, may prescribe any 

20 regulations necessary to carry out section 9702 

21 or 9703.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis 

23 for chapter 97 of title 5, United States Code, is 

24 amended by adding after the item relating to 

25 section 9701 the following: 

‘‘9702. Recruitment bonuses. 
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‘‘9703. Reemployed annuitants. 

‘‘9704. Regulations.’’. 

1 SEC. 222. HOMELAND SECURITY ADVISORY SYSTEM. 

2 (a) IN GENERAL.—Subtitle A of title II of the 

3 Homeland Security Act of 2002 is further 

4 amended—

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

6 121(d)(7)) by inserting ‘‘under section 205’’

7 after ‘‘System’’; and 

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

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

10 ‘‘(a) REQUIREMENT.—The Under Secretary 

11 for Information Analysis and Infrastructure 

12 Protection shall implement a Homeland Secu13 rity Advisory System in accordance with this 

14 section to provide public advisories and alerts 

15 regarding threats to homeland security, in16 cluding national, regional, local, and eco17 nomic sector advisories and alerts, as appro18 priate. 

19 ‘‘(b) REQUIRED ELEMENTS.—The Under Sec20 retary, under the System—

21 ‘‘(1) shall include, in each advisory 

22 and alert regarding a threat, information 

23 on appropriate protective measures and 
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1 countermeasures that may be taken in re2 sponse to the threat; 

3 ‘‘(2) shall, whenever possible, limit the 

4 scope of each advisory and alert to a spe5 cific region, locality, or economic sector 

6 believed to be at risk; and 

7 ‘‘(3) shall not, in issuing any advisory 

8 or alert, use color designations as the ex9 clusive means of specifying the homeland 

10 security threat conditions that are the 

11 subject of the advisory or alert.’’. 

12 (b) CLERICAL AMENDMENT.—The table of 

13 contents in section 1(b) of such Act is further 

14 amended by adding at the end of the items re15 lating to subtitle A of title II the following: 

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

16 SEC. 223. USE OF OPEN-SOURCE INFORMATION. 

17 Section 201(d) of the Homeland Security 

18 Act of 2002 (6 U.S.C. 121(d)) is further amend19 ed by adding at the end the following: 

20 ‘‘(25) To ensure that, whenever pos21 sible—

22 ‘‘(A) the Assistant Secretary for In23 formation Analysis produces and dis24 seminates reports and analytic prod25 ucts based on open-source information 
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1 that do not require a national secu2 rity classification under applicable 

3 law; and 

4 ‘‘(B) such unclassified open-source 

5 reports are produced and dissemi6 nated contemporaneously with reports 

7 or analytic products concerning the 

8 same or similar information that the 

9 Assistant Secretary for Information 

10 Analysis produces and disseminates 

11 in a classified format.’’. 

12 SEC. 224. FULL AND EFFICIENT USE OF OPEN-SOURCE IN13 FORMATION. 

14 (a) REQUIREMENT.—Subtitle A of title II of 

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

16 121 et seq.) is further amended by adding at 

17 the end the following: 

18 ‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE IN19 FORMATION. 

20 ‘‘The Under Secretary shall ensure that, in 

21 meeting their analytic responsibilities under 

22 section 201(d) and in formulating require23 ments for collection of additional information, 

24 the Assistant Secretary for Information Anal25 ysis and the Assistant Secretary for Infrastruc-
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1 ture Protection make full and efficient use of 

2 open-source information wherever possible.’’. 

3 (b) CLERICAL AMENDMENT.—The table of 

4 contents in section 1(b) of such Act is further 

5 amended by inserting after the item relating 

6 to section 205 the following: 

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

7 TITLE III—DOMESTIC PRE8 PAREDNESS AND PROTEC9 TION 

10 Subtitle A—Preparedness and 

11 Protection 

12 SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM. 

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

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

15 238(c)) is amended by striking ‘‘and’’ after the 

16 semicolon at the end of paragraph (8), by 

17 striking the period at the end of paragraph (9) 

18 and inserting ‘‘; and’’, and by adding at the 

19 end the following: 

20 ‘‘(10) designing, developing, per21 forming, and evaluating exercises at the 

22 national, State, territorial, regional, 

23 local, and tribal levels of government that 

24 incorporate government officials, emer25 gency response providers, public safety 
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1 agencies, the private sector, international 

2 governments and organizations, and 

3 other appropriate entities to test the Na4 tion’s capability to prevent, prepare for, 

5 respond to, and recover from threatened 

6 or actual acts of terrorism.’’. 

7 (b) NATIONAL TERRORISM EXERCISE PRO8 GRAM.—

9 (1) ESTABLISHMENT OF PROGRAM.—Title 

10 VIII of the Homeland Security Act of 2002 

11 (Public Law 107–296) is amended by add12 ing at the end the following new subtitle: 

13 ‘‘Subtitle J—Terrorism 

14 Preparedness Exercises 

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

16 ‘‘(a) IN GENERAL.—The Secretary, through 

17 the Office for Domestic Preparedness, shall es18 tablish a National Terrorism Exercise Pro19 gram for the purpose of testing and evaluating 

20 the Nation’s capabilities to prevent, prepare 

21 for, respond to, and recover from threatened or 

22 actual acts of terrorism that—

23 ‘‘(1) enhances coordination for ter24 rorism preparedness between all levels of 

25 government, emergency response pro-
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1 viders, international governments and or2 ganizations, and the private sector; 

3 ‘‘(2) is—

4 ‘‘(A) multidisciplinary in nature, 

5 including, as appropriate, informa6 tion analysis and cybersecurity com7 ponents; 

8 ‘‘(B) as realistic as practicable 

9 and based on current risk assess10 ments, including credible threats, 

11 vulnerabilities, and consequences; 

12 ‘‘(C) carried out with the min13 imum degree of notice to involved par14 ties regarding the timing and details 

15 of such exercises, consistent with safe16 ty considerations; 

17 ‘‘(D) evaluated against perform18 ance measures and followed by correc19 tive action to solve identified defi20 ciencies; and 

21 ‘‘(E) assessed to learn best prac22 tices, which shall be shared with ap23 propriate Federal, State, territorial, 

24 regional, local, and tribal personnel, 
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1 authorities, and training institutions 

2 for emergency response providers; and 

3 ‘‘(3) assists State, territorial, local, 

4 and tribal governments with the design, 

5 implementation, and evaluation of exer6 cises that—

7 ‘‘(A) conform to the requirements 

8 of paragraph (2); and 

9 ‘‘(B) are consistent with any appli10 cable State homeland security strat11 egy or plan. 

12 ‘‘(b) NATIONAL LEVEL EXERCISES.—The Sec13 retary, in concurrence with the Attorney Gen14 eral and the National Director of Intelligence, 

15 through the National Terrorism Exercise Pro16 gram, shall perform on a periodic basis na17 tional terrorism preparedness exercises for the 

18 purposes of—

19 ‘‘(1) involving top officials from Fed20 eral, State, territorial, local, tribal, and 

21 international governments; 

22 ‘‘(2) testing and evaluating the Na23 tion’s capability to detect, disrupt, and 

24 prevent threatened or actual catastrophic 
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1 acts of terrorism, especially those involv2 ing weapons of mass destruction; and 

3 ‘‘(3) testing and evaluating the Na4 tion’s readiness to respond to and recover 

5 from catastrophic acts of terrorism, espe6 cially those involving weapons of mass de7 struction. 

8 ‘‘(c) CONSULTATION WITH FIRST RESPOND9 ERS.—In implementing the responsibilities de10 scribed in subsections (a) and (b), the Sec11 retary shall consult with a geographic (includ12 ing urban and rural) and substantive cross 

13 section of governmental and nongovernmental 

14 first responder disciplines, including as ap15 propriate—

16 ‘‘(1) Federal, State, and local first re17 sponder training institutions; 

18 ‘‘(2) representatives of emergency re19 sponse providers; and 

20 ‘‘(3) State and local officials with an 

21 expertise in terrorism preparedness.’’. 

22 (2) CLERICAL AMENDMENT.—The table 

23 of contents in section 1(b) of such Act is 

24 amended by adding at the end of the items 

25 relating to title VIII the following: 
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‘‘Subtitle J—Terrorism Preparedness Exercises 

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

1 (c) TOPOFF PREVENTION EXERCISE.—No 

2 later than one year after the date of enactment 

3 of this Act, the Secretary of Homeland Security 

4 in concurrence with the Attorney General and 

5 the National Director of Intelligence shall de6 sign and carry out a national terrorism pre7 vention exercise for the purposes of—

8 (1) involving top officials from Fed9 eral, State, territorial, local, tribal, and 

10 international governments; and 

11 (2) testing and evaluating the Na12 tion’s capability to detect, disrupt, and 

13 prevent threatened or actual catastrophic 

14 acts of terrorism, especially those involv15 ing weapons of mass destruction. 

16 SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

17 (a) ESTABLISHMENT OF TECHNOLOGY CLEAR18 INGHOUSE.—Not later than 90 days after the 

19 date of enactment of this Act, the Secretary 

20 shall complete the establishment of the Tech21 nology Clearinghouse under section 313 of the 

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

2 Homeland Security Act of 2002 (6 U.S.C. 193) 

3 is amended—

4 (1) by adding at the end of subsection 

5 (b) the following new paragraph: 

6 ‘‘(6) The establishment of a homeland 

7 security technology transfer program to 

8 facilitate the identification, modification, 

9 and commercialization of technology and 

10 equipment for use by Federal, State, and 

11 local governmental agencies, emergency 

12 response providers, and the private sector 

13 to prevent, prepare for, or respond to acts 

14 of terrorism.’’; 

15 (2) by redesignating subsection (c) as 

16 subsection (d); and 

17 (3) by inserting after subsection (b) 

18 the following new subsection: 

19 ‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In 

20 developing the program described in sub21 section (b)(6), the Secretary, acting through 

22 the Under Secretary for Science and Tech23 nology, shall—

24 ‘‘(1) in consultation with the other 

25 Under Secretaries of the Department and 
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1 the Director of the Office for Domestic 

2 Preparedness, on an ongoing basis—

3 ‘‘(A) conduct surveys and reviews 

4 of available appropriate technologies 

5 that have been, or are in the process 

6 of being developed, tested, evaluated, 

7 or demonstrated by the Department, 

8 other Federal agencies, or the private 

9 sector or foreign governments and 

10 international organizations and that 

11 may be useful in assisting Federal, 

12 State, and local governmental agen13 cies, emergency response providers, or 

14 the private sector to prevent, prepare 

15 for, or respond to acts of terrorism; 

16 ‘‘(B) conduct or support research, 

17 development, tests, and evaluations, 

18 as appropriate of technologies identi19 fied under subparagraph (A), includ20 ing any necessary modifications to 

21 such technologies for antiterrorism 

22 use; 

23 ‘‘(C) communicate to Federal, 

24 State, and local governmental agen25 cies, emergency response providers, or 
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1 the private sector the availability of 

2 such technologies for antiterrorism 

3 use, as well as the technology’s speci4 fications, satisfaction of appropriate 

5 standards, and the appropriate 

6 grants available from the Department 

7 to purchase such technologies; 

8 ‘‘(D) coordinate the selection and 

9 administration of all technology 

10 transfer activities of the Science and 

11 Technology Directorate, including 

12 projects and grants awarded to the 

13 private sector and academia; and 

14 ‘‘(E) identify priorities based on 

15 current risk assessments within the 

16 Department of Homeland Security for 

17 identifying, researching, developing, 

18 testing, evaluating, modifying, and 

19 fielding existing technologies for 

20 antiterrorism purposes; 

21 ‘‘(2) in support of the activities de22 scribed in paragraph (1)—

23 ‘‘(A) consult with Federal, State, 

24 and local emergency response pro25 viders; 
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1 ‘‘(B) consult with government 

2 agencies and nationally recognized 

3 standards development organizations 

4 as appropriate; 

5 ‘‘(C) enter into agreements and co6 ordinate with other Federal agencies, 

7 foreign governments, and national 

8 and international organizations as 

9 the Secretary determines appropriate, 

10 in order to maximize the effectiveness 

11 of such technologies or to facilitate 

12 commercialization of such tech13 nologies; and 

14 ‘‘(D) consult with existing tech15 nology transfer programs and Federal 

16 and State training centers that re17 search, develop, test, evaluate, and 

18 transfer military and other tech19 nologies for use by emergency response 

20 providers; and 

21 ‘‘(3) establish a working group in co22 ordination with the Secretary of Defense 

23 to advise and assist the technology clear24 inghouse in the identification of military 

25 technologies that are in the process of 
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1 being developed, or are developed, by the 

2 Department of Defense or the private sec3 tor, which may include—

4 ‘‘(A) representatives from the De5 partment of Defense or retired mili6 tary officers; 

7 ‘‘(B) nongovernmental organiza8 tions or private companies that are 

9 engaged in the research, development, 

10 testing, or evaluation of related tech11 nologies or that have demonstrated 

12 prior experience and success in 

13 searching for and identifying tech14 nologies for Federal agencies; 

15 ‘‘(C) Federal, State, and local 

16 emergency response providers; and 

17 ‘‘(D) to the extent the Secretary 

18 considers appropriate, other organiza19 tions, other interested Federal, State, 

20 and local agencies, and other inter21 ested persons.’’. 

22 (c) REPORT.—Not later than 1 year after 

23 the date of enactment of this Act, the Under 

24 Secretary for Science and Technology shall 

25 transmit to the Congress a description of the 
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1 progress the Department has made in imple2 menting the provisions of section 313 of the 

3 Homeland Security Act of 2002, as amended by 

4 this Act, including a description of the process 

5 used to review unsolicited proposals received 

6 as described in subsection (b)(3) of such sec7 tion. 

8 (d) SAVINGS CLAUSE.—Nothing in this sec9 tion (including the amendments made by this 

10 section) shall be construed to alter or diminish 

11 the effect of the limitation on the authority of 

12 the Secretary of Homeland Security under sec13 tion 302(4) of the Homeland Security Act of 

14 2002 (6 U.S.C. 182(4)) with respect to human 

15 health-related research and development ac16 tivities. 

17 SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS. 

18 (a) STUDY.—The Secretary of Homeland Se19 curity shall conduct a study of all Department 

20 of Homeland Security procurements, including 

21 ongoing procurements and anticipated pro22 curements, to—

23 (1) identify those that involve any 

24 product, equipment, service (including 

25 support services), device, or technology 
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1 (including information technology) that is 

2 being designed, developed, modified, or 

3 procured for the specific purpose of pre4 venting, detecting, identifying, or deter5 ring acts of terrorism or limiting the 

6 harm such acts might otherwise cause; 

7 and 

8 (2) assess whether such product, 

9 equipment, service (including support 

10 services), device, or technology is an ap11 propriate candidate for the litigation and 

12 risk management protections of subtitle G 

13 of title VIII of the Homeland Security Act 

14 of 2002. 

15 (b) SUMMARY AND CLASSIFICATION RE16 PORT.—Not later than 180 days after the date 

17 of enactment of this Act, the Secretary shall 

18 transmit to the Congress a report—

19 (1) describing each product, equip20 ment, service (including support services), 

21 device, and technology identified under 

22 subsection (a) that the Secretary believes 

23 would be an appropriate candidate for 

24 the litigation and risk management pro-
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1 tections of subtitle G of title VIII of the 

2 Homeland Security Act of 2002; 

3 (2) listing each such product, equip4 ment, service (including support services), 

5 device, and technology in order of priority 

6 for deployment in accordance with cur7 rent terrorism risk assessment informa8 tion; and 

9 (3) setting forth specific actions taken, 

10 or to be taken, to encourage or require 

11 persons or entities that sell or otherwise 

12 provide such products, equipment, serv13 ices (including support services), devices, 

14 and technologies to apply for the litiga15 tion and risk management protections of 

16 subtitle G of title VIII of the Homeland Se17 curity Act of 2002, and to ensure 

18 prioritization of the Department’s review 

19 of such products, equipment, services, de20 vices, and technologies under such Act in 

21 accordance with the prioritization set 

22 forth in paragraph (2) of this subsection. 

23 SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY. 

24 The Secretary of Homeland Security shall 

25 establish a university-based Center for Excel-
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1 lence for Border Security following the merit2 review processes and procedures that have 

3 been established for selecting University Pro4 grams Centers of Excellence. The Center shall 

5 prioritize its activities on the basis of risk to 

6 address the most significant threats, 

7 vulnerabilities, and consequences posed by the 

8 Nation’s borders and border control systems, 

9 including the conduct of research, the exam10 ination of existing and emerging border secu11 rity technology and systems, and the provision 

12 of education, technical, and analytical assist13 ance for the Department of Homeland Security 

14 to effectively secure the Nation’s borders. 

15 SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER 

16 SECURITY INITIATIVE (CSI). 

17 (a) RISK ASSESSMENT AND DESIGNATION OF

18 NEW FOREIGN SEAPORTS.—

19 (1) RISK ASSESSMENT.—The Secretary 

20 of Homeland Security shall conduct a risk 

21 assessment of each foreign seaport that 

22 the Secretary is considering designating 

23 as a port under the Container Security 

24 Initiative (CSI) on or after the date of the 

25 enactment of this Act. Each such assess-
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1 ment shall evaluate the level of risk for 

2 the potential compromise of cargo con3 tainers by terrorists or terrorist weapons. 

4 (2) DESIGNATION.—The Secretary is au5 thorized to designate a foreign seaport as 

6 a port under CSI on or after the date of 

7 the enactment of this Act only if the Sec8 retary determines, based on a risk assess9 ment under paragraph (1) and a cost-ben10 efit analysis, that the benefits of desig11 nating such port outweigh the cost of ex12 panding the program to such port. 

13 (b) DEPLOYMENT OF INSPECTION EQUIPMENT

14 TO NEW CSI PORTS.—

15 (1) DEPLOYMENT.—The Secretary is au16 thorized to assist in the loaning of non17 intrusive inspection equipment for cargo 

18 containers, on a nonreimbursable basis, 

19 at each CSI port designated under sub20 section (a)(2) and provide training for 

21 personnel at the CSI port to operate the 

22 nonintrusive inspection equipment. 

23 (2) ADDITIONAL REQUIREMENTS.—The 

24 Secretary shall establish technical capa25 bility requirements and standard oper-
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1 ating procedures for nonintrusive inspec2 tion equipment described in paragraph 

3 (1) and shall require each CSI port to 

4 agree to operate such equipment in ac5 cordance with such requirements and pro6 cedures as a condition for receiving the 

7 equipment and training under such para8 graph. 

9 (c) DEPLOYMENT OF PERSONNEL TO NEW CSI 

10 PORTS; REEVALUATION OF PERSONNEL AT ALL

11 CSI PORTS.—

12 (1) DEPLOYMENT.—The Secretary shall 

13 deploy Department of Homeland Security 

14 personnel to each CSI port designated 

15 under subsection (a)(1) with respect to 

16 which the Secretary determines that the 

17 deployment is necessary to successfully 

18 implement the requirements of CSI at the 

19 port. 

20 (2) REEVALUATION.—The Secretary 

21 shall periodically review relevant risk as22 sessment information with respect to all 

23 CSI ports at which Department of Home24 land Security personnel are deployed to 

25 assess whether or not continued deploy-
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1 ment of such personnel, in whole or in 

2 part, is necessary to successfully imple3 ment the requirements of CSI at the port. 

4 (d) INSPECTION AND SCREENING AT UNITED

5 STATES PORTS OF ENTRY.—Cargo containers ar6 riving at a United States port of entry from a 

7 CSI port shall undergo the same level of in8 spection and screening for potential com9 promise by terrorists or terrorist weapons as 

10 cargo containers arriving at a United States 

11 port of entry from a foreign seaport that is not 

12 participating in CSI unless the containers 

13 were initially inspected at the CSI port at the 

14 request of CSI personnel and such personnel 

15 verify and electronically record that the in16 spection indicates that the containers have not 

17 been compromised by terrorists or terrorist 

18 weapons. 

19 (e) DEFINITION.—In this section, the term 

20 ‘‘Container Security Initiative’’ or ‘‘CSI’’

21 means the program carried out by the Depart22 ment of Homeland Security under which the 

23 Department enters into agreements with for24 eign seaports to—
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1 (1) establish security criteria to iden2 tify high-risk maritime cargo containers 

3 bound for the United States based on ad4 vance information; and 

5 (2) screen or inspect such maritime 

6 cargo containers for potential compromise 

7 by terrorists or terrorist weapons prior to 

8 shipment to the United States. 

9 SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS. 

10 (a) REGULATIONS.—

11 (1) IN GENERAL.—Not later than 180 

12 days after the date of the enactment of 

13 this Act, the Secretary of Homeland Secu14 rity shall issue regulations for the secu15 rity of maritime cargo containers moving 

16 within the intermodal transportation sys17 tem in accordance with the requirements 

18 of paragraph (2). 

19 (2) REQUIREMENTS.—The regulations 

20 issued pursuant to paragraph (1) shall be 

21 in accordance with recommendations of 

22 the Maritime Transportation Security Act 

23 Subcommittee of the Advisory Committee 

24 on Commercial Operations of the Depart25 ment of Homeland Security, including rec-
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1 ommendations relating to obligation to 

2 seal, recording of seal changes, modal 

3 changes, seal placement, ocean carrier 

4 seal verification, and addressing seal 

5 anomalies. 

6 (b) INTERNATIONAL AGREEMENTS.—The Sec7 retary shall seek to enter into agreements with 

8 foreign countries and international organiza9 tions to establish standards for the security of 

10 maritime cargo containers moving within the 

11 intermodal transportation system that, to the 

12 maximum extent practicable, meet the require13 ments of subsection (a)(2). 

14 (c) CONTAINER TARGETING STRATEGY.—

15 (1) STRATEGY.—The Secretary shall de16 velop a strategy to improve the ability of 

17 the Department of Homeland Security to 

18 use information contained in shipping 

19 bills of lading to identify and provide ad20 ditional review of anomalies in such bills 

21 of lading. The strategy shall include a 

22 method of contacting shippers in a timely 

23 fashion to verify or explain any anomalies 

24 in shipping bills of lading. 
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1 (2) REPORT.—Not later than 90 days 

2 after the date of the enactment of this Act, 

3 the Secretary shall submit to the appro4 priate congressional committees a report 

5 on the implementation of this subsection, 

6 including information on any data 

7 searching technologies that will be used 

8 to implement the strategy. 

9 (d) CONTAINER SECURITY DEMONSTRATION

10 PROGRAM.—

11 (1) PROGRAM.—The Secretary is au12 thorized to establish and carry out a dem13 onstration program that integrates non14 intrusive inspection equipment, including 

15 radiation detection equipment and 

16 gamma ray inspection equipment, at an 

17 appropriate United States seaport, as de18 termined by the Secretary. 

19 (2) REQUIREMENT.—The demonstration 

20 program shall also evaluate automatic 

21 identification methods for containers and 

22 vehicles and a data sharing network ca23 pable of transmitting inspection data be24 tween ports and appropriate entities with25 in the Department of Homeland Security. 
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1 (3) REPORT.—Upon completion of the 

2 demonstration program, the Secretary 

3 shall submit to the appropriate congres4 sional committees a report on the imple5 mentation of this subsection. 

6 (e) CONSOLIDATION OF CONTAINER SECURITY

7 PROGRAMS.—The Secretary shall consolidate 

8 all programs of the Department of Homeland 

9 Security relating to the security of maritime 

10 cargo containers, including the demonstration 

11 program established pursuant to subsection 

12 (d), to achieve enhanced coordination and effi13 ciency. 

14 SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT RON15 ALD REAGAN WASHINGTON NATIONAL AIR16 PORT. 

17 Not later than 180 days after the date of 

18 enactment of this Act, the Secretary of Home19 land Security shall implement section 823(a) 

20 of the Vision 100—Century of Aviation Reau21 thorization Act (49 U.S.C. 41718 note; 117 Stat. 

22 2595). 

23 SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE. 

24 (a) FINDINGS.—The Congress finds the fol25 lowing: 
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1 (1) The 9/11 Commission determined 

2 that the inability of first responders to 

3 communicate effectively on September 11, 

4 2001 was a critical obstacle to an effective 

5 multi-jurisdictional response. 

6 (2) Many jurisdictions across the 

7 country still experience difficulties com8 municating that may contribute to confu9 sion, delays, or added risks when respond10 ing to an emergency. 

11 (3) During fiscal year 2004, the Office 

12 for Domestic Preparedness awarded over 

13 $834,000,000 for 2,912 projects through De14 partment of Homeland Security grant pro15 grams for the purposes of improving com16 munications interoperability. 

17 (4) Interoperable communications sys18 tems are most effective when designed to 

19 comprehensively address, on a regional 

20 basis, the communications of all types of 

21 public safety agencies, first responder dis22 ciplines, and State and local government 

23 facilities. 

24 (5) Achieving communications inter25 operability is complex due to the extensive 
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1 training, system modifications, and agree2 ments among the different jurisdictions 

3 that are necessary to implement effective 

4 communications systems. 

5 (6) The Congress authorized the De6 partment of Homeland Security to create 

7 an Office for Interoperability and Com8 patibility in the Intelligence Reform and 

9 Terrorism Prevention Act of 2004 to, 

10 among other things, establish a com11 prehensive national approach, coordinate 

12 federal activities, accelerate the adoption 

13 of standards, and encourage research and 

14 development to achieve interoperable com15 munications for first responders. 

16 (7) The Office for Interoperability and 

17 Compatibility includes the SAFECOM Pro18 gram that serves as the umbrella program 

19 within the Federal government to improve 

20 public safety communications interoper21 ability, and has developed the RAPIDCOM 

22 program, the Statewide Communications 

23 Interoperability Planning Methodology, 

24 and a Statement of Requirements to pro25 vide technical, planning, and purchasing 
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1 assistance for Federal departments and 

2 agencies, State and local governments, 

3 and first responders. 

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

5 the Congress that the Department of Home6 land Security should implement as expedi7 tiously as possible the initiatives assigned to 

8 the Office for Interoperability and Compat9 ibility under section 7303 of the Intelligence 

10 Reform and Terrorism Prevention Act of 2004 

11 (6 U.S.C. 194), including specifically the fol12 lowing: 

13 (1) Establishing a comprehensive na14 tional approach to achieving public safety 

15 interoperable communications. 

16 (2) Issuing letters of intent to commit 

17 future funds for jurisdictions through ex18 isting homeland security grant programs 

19 to applicants as appropriate to encourage 

20 long-term investments that may signifi21 cantly improve communications interoper22 ability. 

23 (3) Providing technical assistance to 

24 additional urban and other high-risk 

25 areas to support the establishment of con-
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1 sistent, secure, and effective interoperable 

2 communications capabilities. 

3 (4) Completing the report to the Con4 gress on the Department’s plans for accel5 erating the development of national vol6 untary consensus standards for public 

7 safety interoperable communications, a 

8 schedule of milestones for such develop9 ment, and achievements of such develop10 ment, by no later than 30 days after the 

11 date of enactment of this Act. 

12 SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF 

13 RECOMMENDATIONS REGARDING PROTEC14 TION OF AGRICULTURE. 

15 The Secretary of Homeland Security shall 

16 report to the Committee on Homeland Security 

17 and the Committee on the Judiciary of the 

18 House of Representatives and the Committee 

19 on Homeland Security and Governmental Af20 fairs and the Committee on the Judiciary of 

21 the Senate by no later than 120 days after the 

22 date of the enactment of this Act regarding 

23 how the Department of Homeland Security 

24 will implement the applicable recommenda25 tions from the Government Accountability Of-
241 

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1 fice report entitled ‘‘Homeland Security: Much 

2 is Being Done to Protect Agriculture from a 

3 Terrorist Attack, but Important Challenges 

4 Remain’’ (GAO–05–214). 

5 Subtitle B—Department of Home6 land Security Cybersecurity En7 hancement 

8 SEC. 311. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Depart10 ment of Homeland Security Cybersecurity En11 hancement Act of 2005’’. 

12 SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY. 

13 (a) IN GENERAL.—Subtitle A of title II of the 

14 Homeland Security Act of 2002 (6 U.S.C. 121 et 

15 seq.) is further amended by adding at the end 

16 the following: 

17 ‘‘SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY. 

18 ‘‘(a) IN GENERAL.—There shall be in the Di19 rectorate for Information Analysis and Infra20 structure Protection a National Cybersecurity 

21 Office headed by an Assistant Secretary for 

22 Cybersecurity (in this section referred to as the 

23 ‘Assistant Secretary’), who shall assist the Sec24 retary in promoting cybersecurity for the Na25 tion. 
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1 ‘‘(b) GENERAL AUTHORITY.—The Assistant 

2 Secretary, subject to the direction and control 

3 of the Secretary, shall have primary authority 

4 within the Department for all cybersecurity-re5 lated critical infrastructure protection pro6 grams of the Department, including with re7 spect to policy formulation and program man8 agement. 

9 ‘‘(c) RESPONSIBILITIES.—The responsibil10 ities of the Assistant Secretary shall include 

11 the following: 

12 ‘‘(1) To establish and manage—

13 ‘‘(A) a national cybersecurity re14 sponse system that includes the ability 

15 to—

16 ‘‘(i) analyze the effect of 

17 cybersecurity threat information 

18 on national critical infrastruc19 ture; and 

20 ‘‘(ii) aid in the detection and 

21 warning of attacks on, and in the 

22 restoration of, cybersecurity infra23 structure in the aftermath of such 

24 attacks; 
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1 ‘‘(B) a national cybersecurity 

2 threat and vulnerability reduction 

3 program that identifies cybersecurity 

4 vulnerabilities that would have a na5 tional effect on critical infrastructure, 

6 performs vulnerability assessments on 

7 information technologies, and coordi8 nates the mitigation of such 

9 vulnerabilities; 

10 ‘‘(C) a national cybersecurity 

11 awareness and training program that 

12 promotes cybersecurity awareness 

13 among the public and the private sec14 tors and promotes cybersecurity train15 ing and education programs; 

16 ‘‘(D) a government cybersecurity 

17 program to coordinate and consult 

18 with Federal, State, and local govern19 ments to enhance their cybersecurity 

20 programs; and 

21 ‘‘(E) a national security and inter22 national cybersecurity cooperation 

23 program to help foster Federal efforts 

24 to enhance international 
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1 cybersecurity awareness and coopera2 tion. 

3 ‘‘(2) To coordinate with the private 

4 sector on the program under paragraph 

5 (1) as appropriate, and to promote 

6 cybersecurity information sharing, vulner7 ability assessment, and threat warning re8 garding critical infrastructure. 

9 ‘‘(3) To coordinate with other direc10 torates and offices within the Department 

11 on the cybersecurity aspects of their mis12 sions. 

13 ‘‘(4) To coordinate with the Under Sec14 retary for Emergency Preparedness and 

15 Response to ensure that the National Re16 sponse Plan developed pursuant to section 

17 502(6) of the Homeland Security Act of 

18 2002 (6 U.S.C. 312(6)) includes appro19 priate measures for the recovery of the 

20 cybersecurity elements of critical infra21 structure. 

22 ‘‘(5) To develop processes for informa23 tion sharing with the private sector, con24 sistent with section 214, that—
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1 ‘‘(A) promote voluntary 

2 cybersecurity best practices, stand3 ards, and benchmarks that are re4 sponsive to rapid technology changes 

5 and to the security needs of critical 

6 infrastructure; and 

7 ‘‘(B) consider roles of Federal, 

8 State, local, and foreign governments 

9 and the private sector, including the 

10 insurance industry and auditors. 

11 ‘‘(6) To coordinate with the Chief In12 formation Officer of the Department in es13 tablishing a secure information sharing 

14 architecture and information sharing 

15 processes, including with respect to the 

16 Department’s operation centers. 

17 ‘‘(7) To consult with the Electronic 

18 Crimes Task Force of the United States 

19 Secret Service on private sector outreach 

20 and information activities. 

21 ‘‘(8) To consult with the Office for Do22 mestic Preparedness to ensure that real23 istic cybersecurity scenarios are incor24 porated into tabletop and recovery exer25 cises. 
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1 ‘‘(9) To consult and coordinate, as ap2 propriate, with other Federal agencies on 

3 cybersecurity-related programs, policies, 

4 and operations. 

5 ‘‘(10) To consult and coordinate with6 in the Department and, where appro7 priate, with other relevant Federal agen8 cies, on security of digital control systems, 

9 such as Supervisory Control and Data Ac10 quisition (SCADA) systems. 

11 ‘‘(d) AUTHORITY OVER THE NATIONAL COM12 MUNICATIONS SYSTEM.—The Assistant Secretary 

13 shall have primary authority within the De14 partment over the National Communications 

15 System.’’. 

16 (b) CLERICAL AMENDMENT.—The table of 

17 contents in section 1(b) of such Act is amended 

18 by adding at the end of the items relating to 

19 subtitle A of title II the following: 

‘‘Sec. 207. Assistant Secretary for Cybersecurity.’’. 

20 SEC. 313. CYBERSECURITY DEFINED. 

21 Section 2 of the Homeland Security Act of 

22 2002 (6 U.S.C. 101) is amended by adding at 

23 the end the following: 

24 ‘‘(17)(A) The term ‘cybersecurity’

25 means the prevention of damage to, the 
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1 protection of, and the restoration of com2 puters, electronic communications sys3 tems, electronic communication services, 

4 wire communication, and electronic com5 munication, including information con6 tained therein, to ensure its availability, 

7 integrity, authentication, confidentiality, 

8 and nonrepudiation. 

9 ‘‘(B) In this paragraph—

10 ‘‘(i) each of the terms ‘damage’

11 and ‘computer’ has the meaning that 

12 term has in section 1030 of title 18, 

13 United States Code; and 

14 ‘‘(ii) each of the terms ‘electronic 

15 communications system’, ‘electronic 

16 communication service’, ‘wire commu17 nication’, and ‘electronic communica18 tion’ has the meaning that term has 

19 in section 2510 of title 18, United 

20 States Code.’’. 

21 SEC. 314. CYBERSECURITY TRAINING PROGRAMS AND 

22 EQUIPMENT. 

23 (a) IN GENERAL.—The Secretary of Home24 land Security, acting through the Assistant 

25 Secretary for Cybersecurity, may establish, in 
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1 conjunction with the National Science Foun2 dation, a program to award grants to institu3 tions of higher education (and consortia there4 of) for—

5 (1) the establishment or expansion of 

6 cybersecurity professional development 

7 programs; 

8 (2) the establishment or expansion of 

9 associate degree programs in 

10 cybersecurity; and 

11 (3) the purchase of equipment to pro12 vide training in cybersecurity for either 

13 professional development programs or de14 gree programs. 

15 (b) ROLES.—

16 (1) DEPARTMENT OF HOMELAND SECU17 RITY.—The Secretary, acting through the 

18 Assistant Secretary for Cybersecurity and 

19 in consultation with the Director of the 

20 National Science Foundation, shall estab21 lish the goals for the program established 

22 under this section and the criteria for 

23 awarding grants under the program. 

24 (2) NATIONAL SCIENCE FOUNDATION.—

25 The Director of the National Science 
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1 Foundation shall operate the program es2 tablished under this section consistent 

3 with the goals and criteria established 

4 under paragraph (1), including soliciting 

5 applicants, reviewing applications, and 

6 making and administering grant awards. 

7 The Director may consult with the Assist8 ant Secretary for Cybersecurity in select9 ing awardees. 

10 (3) FUNDING.—The Secretary shall 

11 transfer to the National Science Founda12 tion the funds necessary to carry out this 

13 section. 

14 (c) GRANT AWARDS.—

15 (1) PEER REVIEW.—All grant awards 

16 under this section shall be made on a 

17 competitive, merit-reviewed basis. 

18 (2) FOCUS.—In making grant awards 

19 under this section, the Director shall, to 

20 the extent practicable, ensure geographic 

21 diversity and the participation of women 

22 and underrepresented minorities. 

23 (3) PREFERENCE.—In making grant 

24 awards under this section, the Director 

25 shall give preference to applications sub-
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1 mitted by consortia of institutions to en2 courage as many students and profes3 sionals as possible to benefit from this 

4 program. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—

6 Of the amount authorized under section 101, 

7 there is authorized to be appropriated to the 

8 Secretary for carrying out this section 

9 $3,700,000 for fiscal year 2006. 

10 (e) DEFINITIONS.—In this section, the term 

11 ‘‘institution of higher education’’ has the 

12 meaning given that term in section 101(a) of 

13 the Higher Education Act of 1965 (20 U.S.C. 

14 1001(a)). 

15 SEC. 315. INFORMATION SECURITY REQUIREMENTS AND 

16 OMB RESPONSIBILITIES NOT AFFECTED. 

17 (a) IN GENERAL.—This subtitle does not af18 fect—

19 (1) any information security require20 ment under any other Federal law; or 

21 (2) the responsibilities of the Director 

22 of the Office of Management and Budget 

23 under any other Federal law. 

24 (b) LAWS INCLUDED.—The laws referred to 

25 in subsection (a) include the following: 
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1 (1) Chapter 35 of title 44, United 

2 States Code, popularly known as the Pa3 perwork Reduction Act. 

4 (2) The Clinger-Cohen Act of 1996 (di5 visions D and E of Public Law 104–106), 

6 including the provisions of law enacted by 

7 amendments made by that Act. 

8 (3) The Federal Information Security 

9 Management Act of 2002 (title III of Pub10 lic Law 107–347), including the provisions 

11 of law enacted by amendments made by 

12 that Act. 

13 Subtitle C—Security of Public 

14 Transportation Systems 

15 SEC. 321. SECURITY BEST PRACTICES. 

16 Not later than 120 days after the date of 

17 enactment of this Act, the Secretary of Home18 land Security shall develop, disseminate to ap19 propriate owners, operators, and providers of 

20 public transportation systems, public trans21 portation employees and employee representa22 tives, and Federal, State, and local officials, 

23 and transmit to Congress, a report containing 

24 best practices for the security of public trans25 portation systems. In developing best prac-
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1 tices, the Secretary shall be responsible for 

2 consulting with and collecting input from 

3 owners, operators, and providers of public 

4 transportation systems, public transportation 

5 employee representatives, first responders, in6 dustry associations, private sector experts, 

7 academic experts, and appropriate Federal, 

8 State, and local officials. 

9 SEC. 322. PUBLIC AWARENESS. 

10 Not later than 90 days after the date of en11 actment of this Act, the Secretary of Homeland 

12 Security shall develop a national plan for pub13 lic outreach and awareness. Such plan shall 

14 be designed to increase awareness of measures 

15 that the general public, public transportation 

16 passengers, and public transportation employ17 ees can take to increase public transportation 

18 system security. Such plan shall also provide 

19 outreach to owners, operators, providers, and 

20 employees of public transportation systems to 

21 improve their awareness of available tech22 nologies, ongoing research and development 

23 efforts, and available Federal funding sources 

24 to improve public transportation security. Not 

25 later than 9 months after the date of enact-
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1 ment of this Act, the Secretary shall implement 

2 the plan developed under this section. 

3 Subtitle D—Critical Infrastructure 

4 Prioritization 

5 SEC. 331. CRITICAL INFRASTRUCTURE. 

6 (a) COMPLETION OF PRIORITIZATION.—Not 

7 later than 90 days after the date of the enact8 ment of this Act, the Secretary of Homeland Se9 curity, in concurrence with the Attorney Gen10 eral and the National Director of Intelligence 

11 shall complete the prioritization of the Na12 tion’s critical infrastructure according to all 

13 of the following criteria: 

14 (1) The threat of terrorist attack, 

15 based on threat information received and 

16 analyzed by the Office of Information 

17 Analysis of the Department regarding the 

18 intentions and capabilities of terrorist 

19 groups and other potential threats to the 

20 Nation’s critical infrastructure. 

21 (2) The likelihood that an attack 

22 would cause the destruction or significant 

23 disruption of such infrastructure. 

24 (3) The likelihood that an attack 

25 would result in substantial numbers of 
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1 deaths and serious bodily injuries, a sub2 stantial adverse impact on the national 

3 economy, or a substantial adverse impact 

4 on national security. 

5 (b) COOPERATION.—Such prioritization 

6 shall be developed in cooperation with other 

7 relevant Federal agencies, State, local, and 

8 tribal governments, and the private sector, as 

9 appropriate. 

10 SEC. 332. SECURITY REVIEW. 

11 (a) REQUIREMENT.—Not later than 9 

12 months after the date of the enactment of this 

13 Act, the Secretary, in coordination with other 

14 relevant Federal agencies, State, local, and 

15 tribal governments, and the private sector, as 

16 appropriate, shall—

17 (1) review existing Federal, State, 

18 local, tribal, and private sector plans for 

19 securing the critical infrastructure in20 cluded in the prioritization developed 

21 under section 331; 

22 (2) recommend changes to existing 

23 plans for securing such infrastructure, as 

24 the Secretary determines necessary; and 
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1 (3) coordinate and contribute to pro2 tective efforts of other Federal, State, 

3 local, and tribal agencies and the private 

4 sector, as appropriate, as directed in 

5 Homeland Security Presidential Directive 

6 7. 

7 (b) CONTENTS OF PLANS.—The rec8 ommendations made under subsection (a)(2) 

9 shall include—

10 (1) necessary protective measures to 

11 secure such infrastructure, including 

12 milestones and timeframes for implemen13 tation; and 

14 (2) to the extent practicable, perform15 ance metrics to evaluate the benefits to 

16 both national security and the Nation’s 

17 economy from the implementation of such 

18 protective measures. 

19 SEC. 333. IMPLEMENTATION REPORT. 

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

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

22 Secretary shall submit a report to the Com23 mittee on Homeland Security and the Com24 mittee on the Judiciary of the House of Rep25 resentatives and the Committee on Homeland 
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1 Security and Governmental Affairs and the 

2 Committee on the Judiciary of the Senate on 

3 the implementation of section 332. Such report 

4 shall detail—

5 (1) the Secretary’s review and coordi6 nation of security plans under section 332; 

7 and 

8 (2) the Secretary’s oversight of the exe9 cution and effectiveness of such plans. 

10 (b) UPDATE.—Not later than 1 year after 

11 the submission of the report under subsection 

12 (a), the Secretary shall provide an update of 

13 such report to the congressional committees 

14 described in subsection (a). 

15 SEC. 334. PROTECTION OF INFORMATION. 

16 Information that is generated, compiled, 

17 or disseminated by the Department of Home18 land Security in carrying out this section—

19 (1) is exempt from disclosure under 

20 section 552 of title 5, United States Code; 

21 and 

22 (2) shall not, if provided by the De23 partment to a State or local government 

24 or government agency—
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1 (A) be made available pursuant to 

2 any State or local law requiring dis3 closure of information or records; 

4 (B) otherwise be disclosed or dis5 tributed to any person by such State 

6 or local government or government 

7 agency without the written consent of 

8 the Secretary; or 

9 (C) be used other than for the pur10 pose of protecting critical infrastruc11 ture or protected systems, or in fur12 therance of an investigation or the 

13 prosecution of a criminal act. 

14 TITLE IV—MISCELLANEOUS 

15 SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDI16 NATION AND OPERATIONS. 

17 (a) FINDINGS.—The Congress makes the fol18 lowing findings: 

19 (1) In creating the Department of 

20 Homeland Security, the Congress sought 

21 to enhance the Nation’s capabilities to 

22 prevent, protect against, and respond to 

23 terrorist acts by consolidating existing 

24 Federal agencies with homeland security 

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

2 legacy agencies to more directly support 

3 our national homeland security efforts. 

4 (2) As part of this massive government 

5 reorganization, section 442 of the Home6 land Security Act of 2002 (Public Law 

7 107–273) established a Bureau of Border 

8 Security and transferred into it all of the 

9 functions, programs, personnel, assets, 

10 and liabilities pertaining to the following 

11 programs: the Border Patrol; alien deten12 tion and removal; immigration-related in13 telligence, investigations, and enforce14 ment activities; and immigration inspec15 tions at ports of entry. 

16 (3) Title IV of the Homeland Security 

17 Act of 2002 (Public Law 107–273) also 

18 transferred to the new Department the 

19 United States Customs Service, as a dis20 tinct entity within the new Department, to 

21 further the Department’s border integrity 

22 mission. 

23 (4) Utilizing its reorganization au24 thority provided in the Homeland Security 

25 Act of 2002, the President submitted a re-
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1 organization plan for the Department on 

2 January 30, 2003. 

3 (5) This plan merged the customs and 

4 immigration border inspection and patrol 

5 functions, along with agricultural inspec6 tions functions, into a new entity called 

7 the Bureau of Customs and Border Protec8 tion. 

9 (6) The plan also combined the cus10 toms and immigration enforcement 

11 agents, as well as the Office of Detention 

12 and Removal Operations, the Office of 

13 Federal Protective Service, the Office of 

14 Federal Air Marshal Service, and the Of15 fice of Intelligence, into another new enti16 ty called U.S. Immigration and Customs 

17 Enforcement. 

18 (7) The President’s January 30, 2003, 

19 reorganization plan did not explain the 

20 reasons for separating immigration in21 spection and border patrol functions from 

22 other immigration-related enforcement 

23 functions, or to combine immigration-re24 lated enforcement functions with customs 

25 and other functions, contrary to the de-
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1 sign of the Bureau of Border Security as 

2 prescribed by the Congress in section 442 

3 of the Homeland Security Act of 2002. 

4 (8) Two years after this structure has 

5 been in effect, questions remain about 

6 whether the Department has organized 

7 itself properly, and is managing its cus8 toms and immigration enforcement and 

9 border security resources in the most effi10 cient, sensible, and effective manner. 

11 (9) U.S. Immigration and Customs En12 forcement has faced major budgetary 

13 challenges that are, in part, attributable 

14 to the inexact division of resources upon 

15 the separation of immigration functions. 

16 These budget shortfalls have forced U.S. 

17 Immigration and Customs Enforcement to 

18 impose hiring freezes and to release 

19 aliens that otherwise should be detained. 

20 (b) REPORT.—

21 (1) IN GENERAL.—Not later than 30 

22 days after the date of the enactment of 

23 this Act, the Secretary of Homeland Secu24 rity shall review and evaluate the current 

25 organizational structure of the Depart-
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1 ment of Homeland Security established by 

2 the President’s January 30, 2003, reorga3 nization plan and submit a report of find4 ings and recommendations to the Con5 gress. 

6 (2) CONTENTS OF REPORT.—The report 

7 shall include—

8 (A) a description of the rationale 

9 for, and any benefits of, the current 

10 organizational division of U.S. Immi11 gration and Customs Enforcement 

12 and the Bureau of Customs and Bor13 der Protection, with respect to the De14 partment’s immigration and customs 

15 missions; 

16 (B) a description of the organiza17 tion, missions, operations, and poli18 cies of the Bureau of Customs and 

19 Border Protection and U.S. Immigra20 tion and Customs Enforcement, and 

21 areas of unnecessary overlap or oper22 ational gaps among and between 

23 these missions; 

24 (C) a description of the rationale 

25 for, and any benefits of, the current 
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1 organizational combination of immi2 gration-related enforcement functions 

3 with customs and other functions; 

4 (D) an analysis of alternative or5 ganizational structures that could 

6 provide a more effective way to deliver 

7 maximum efficiencies and mission 

8 success; 

9 (E) a description of the current 

10 role of the Directorate of Border and 

11 Transportation Security with respect 

12 to providing adequate direction and 

13 oversight of the two agencies, and 

14 whether this management structure is 

15 still necessary; 

16 (F) an analysis of whether the 

17 Federal Air Marshals and the Federal 

18 Protective Service are properly lo19 cated within the Department within 

20 U.S. Immigration and Customs En21 forcement; 

22 (G) the proper placement and 

23 functions of a specialized investiga24 tive and patrol unit operating at the 

25 southwest border on the Tohono 
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1 O’odham Nation, known as the Shad2 ow Wolves; 

3 (H) the potential costs of reorga4 nization, including financial, pro5 grammatic, and other costs, to the De6 partment; and 

7 (I) recommendations for cor8 recting the operational and adminis9 trative problems that have been 

10 caused by the division of the Bureau 

11 of Customs and Border Protection and 

12 U.S. Immigration and Customs En13 forcement and by the combination of 

14 immigration-related enforcement 

15 functions with customs and other 

16 functions in both entities, including 

17 any appropriate reorganization plans. 

18 SEC. 402. GAO REPORT TO CONGRESS. 

19 Not later than 6 months after the date of 

20 the enactment of this Act, the Comptroller Gen21 eral of the United States shall submit to the 

22 Congress a report that sets forth—

23 (1) an assessment of the effectiveness 

24 of the organizational and management 

25 structure of the Department of Homeland 
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1 Security in meeting the Department’s mis2 sions; and 

3 (2) recommendations to facilitate and 

4 improve the organization and manage5 ment of the Department to best meet those 

6 missions. 

7 SEC. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND 

8 COLOCATED REGIONAL OFFICES. 

9 Not later than 60 days after the date of the 

10 enactment of this Act, the Secretary of Home11 land Security shall develop and submit to the 

12 Congress a plan for establishing consolidated 

13 and colocated regional offices for the Depart14 ment of Homeland Security in accordance 

15 with section 706 of the Homeland Security Act 

16 of 2002 (6 U.S.C. 346). 

17 SEC. 404. PLAN TO REDUCE WAIT TIMES. 

18 Not later than 180 days after the date of 

19 enactment of this Act, the Secretary of Home20 land Security shall develop a plan—

21 (1) to improve the operational effi22 ciency of security screening checkpoints at 

23 commercial service airports so that aver24 age peak waiting periods at such check25 points do not exceed 20 minutes; and 
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1 (2) to ensure that there are no signifi2 cant disparities in immigration and cus3 toms processing times among airports 

4 that serve as international gateways. 

5 SEC. 405. DENIAL OF TRANSPORTATION SECURITY CARD. 

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

7 Code, is amended—

8 (1) in paragraph (3) by inserting be9 fore the period ‘‘before an administrative 

10 law judge’’; and 

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

12 ‘‘(5) In making a determination under 

13 paragraph (1)(D) that an individual poses a 

14 terrorism security risk, the Secretary shall not 

15 consider, as the sole reason, a felony convic16 tion if—

17 ‘‘(A) that felony occurred more than 7 

18 years prior to the date of the Secretary’s 

19 determination; and 

20 ‘‘(B) the felony was not an offense that 

21 is a violation of a provision specified in 

22 subparagraph (B) of section 2332b(g)(5) of 

23 title 18.’’. 
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1 SEC. 406. TRANSFER OF EXISTING CUSTOMS PATROL OFFI2 CERS UNIT AND ESTABLISHMENT OF NEW 

3 CPO UNITS IN THE U.S. IMMIGRATION AND 

4 CUSTOMS ENFORCEMENT. 

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

6 than 180 days after the date of the enactment 

7 of this Act, the Secretary of Homeland Security 

8 shall transfer to the U.S. Immigration and 

9 Customs Enforcement all functions (including 

10 the personnel, assets, and obligations held by 

11 or available in connection with such func12 tions) of the Customs Patrol Officers unit of 

13 the Bureau of Customs and Border Protection 

14 operating on the Tohono O’odham Indian res15 ervation (commonly known as the ‘‘Shadow 

16 Wolves’’ unit). 

17 (b) ESTABLISHMENT OF NEW UNITS.—The 

18 Secretary is authorized to establish within the 

19 U.S. Immigration and Customs Enforcement 

20 additional units of Customs Patrol Officers in 

21 accordance with this section. 

22 (c) DUTIES.—The Secretary is authorized to 

23 establish within the U.S. Immigration and 

24 Customs Enforcement additional units of Cus25 toms Patrol Officers in accordance with this 

26 section. 
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1 (d) BASIC PAY FOR JOURNEYMAN OFFICERS.—

2 The rate of basic pay for a journeyman Cus3 toms Patrol Officer in a unit described in this 

4 section shall be not less than the rate of basic 

5 pay for GS–13 of the General Schedule. 

6 (e) SUPERVISORS.—Each unit described 

7 under this section shall be supervised by a 

8 Chief Customs Patrol Officer, who shall have 

9 the same rank as a resident agent-in-charge of 

10 the Office of Investigations. 

11 SEC. 407. DATA COLLECTION ON USE OF IMMIGRATION 

12 CONSULTANTS. 

13 The Secretary of Homeland Security shall 

14 establish procedures to record information on 

15 applications for an immigration benefit sub16 mitted by an alien with respect to which—

17 (1) the alien states that the alien used 

18 the services of an immigration consultant; 

19 or 

20 (2) a Department employee or official 

21 investigating facts alleged in the applica22 tion, or adjudicating the application, sus23 pects that the alien used the services of an 

24 immigration consultant. 
Union Calendar No. 40 

109TH CONGRESS 

1ST SESSION H. R. 1817 

[Report No. 109–71, Parts I, II, and III] 

A BILL 

To authorize appropriations for fiscal year 2006 for 

other purposes. the Department of Homeland Security, and for 

MAY 13, 2005 

Reported from the Committee on Energy and Commerce, 

with an amendment 

Reported from the Committee on the Judiciary, with an 

amendment 

The Committees on Government Reform, Science, Transprinted House on the State of the Union and ordered to be charged; committed to the Committee or the Whole the Permanent Select Committee on Intelligence dis- portation and Infrastructure, Ways and Means, and