I 

109TH CONGRESS 

1ST SESSION H. R. 1817 

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 

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. 
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Sec. 103. Departmental management and operations. 

Sec. 104. Critical infrastructure grants. 

Sec. 105. Research and development. 

Sec. 106. Border and transportation security. 

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-related information. 

Sec. 217. Tom Ridge 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. Homeland Security Advisory System. 

Sec. 222. Use of open source information. 

Sec. 223. 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. Requirements relating to the Container Security Initiative (CSI). 

Subtitle B—Department of Homeland Security Cybersecurity Enhancement 

Sec. 311. Short title. 

Sec. 312. Assistant Secretary for Cybersecurity. 

Sec. 313. Cybersecurity defined. 

TITLE IV—MISCELLANEOUS 

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

Sec. 402. GAO report to Congress. 
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1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

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

6 of the Department of Homeland Security for fiscal year 

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

8 SEC. 102. BORDER PATROL AGENTS. 

9 Of the amount authorized under section 101, there 

10 is authorized to be appropriated for fiscal year 2006 for 

11 border security and control between ports of entry, includ12 ing for the hiring of 2,000 border patrol agents in addition 

13 to the number employed on the date of enactment of this 

14 Act, and related training and support costs, 

15 $1,916,427,000. 

16 SEC. 103. DEPARTMENTAL MANAGEMENT AND OPER17 ATIONS. 

18 Of the amount authorized under section 101, there 

19 is authorized to be appropriated for fiscal year 2006 for 

20 departmental management and operations, $634,687,000, 

21 of which— 

22 (1) $44,895,000 is authorized for the Depart23 ment of Homeland Security Regions Initiative; 

24 (2) $4,459,000 is authorized for Operation In25 tegration Staff; and 
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1 (3) $56,278,000 is authorized for Office of Se2 curity initiatives. 

3 SEC. 104. CRITICAL INFRASTRUCTURE GRANTS. 

4 Of the amount authorized under section 101, there 

5 is authorized to be appropriated for fiscal year 2006 for 

6 grants and other assistance to improve critical infrastruc7 ture protection, $500,000,000. 

8 SEC. 105. RESEARCH AND DEVELOPMENT. 

9 Of the amount authorized under section 101, there 

10 is authorized to be appropriated for fiscal year 2006— 

11 (1) $76,573,000 to support chemical counter12 measure development activities of the Directorate of 

13 Science and Technology; 

14 (2) $197,314,000 to support a nuclear detec15 tion office and related activities of such directorate; 

16 (3) $10,000,000 for research and development 

17 of technologies capable of countering threats posed 

18 by man-portable air defense systems, including loca19 tion-based technologies and non-commercial aircraft20 based technologies; and 

21 (4) $10,600,000 for the activities of such direc22 torate conducted pursuant to subtitle G of title VIII 

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

24 441 et seq.). 
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1 SEC. 106. BORDER AND TRANSPORTATION SECURITY. 

2 Of the amount authorized under section 101, there 

3 is authorized to be appropriated for fiscal year 2006— 

4 (1) $826,913,000 for expenses related to 

5 Screening Coordination and Operations of the Direc6 torate of Border and Transportation Security; 

7 (2) $100,000,000 for weapons of mass destruc8 tion detection technology of such directorate; and 

9 (3) $133,800,000 for the Container Security 

10 Initiative of such directorate. 

11 TITLE II—TERRORISM PREVEN12 TION, INFORMATION SHAR13 ING, AND RISK ASSESSMENT 

14 Subtitle A—Terrorism Prevention 

15 SEC. 201. TERRORISM PREVENTION PLAN AND RELATED 

16 BUDGET SUBMISSION. 

17 (a) DEPARTMENT OF HOMELAND SECURITY TER18 RORISM PREVENTION PLAN.— 

19 (1) REQUIREMENTS.—Not later than one year 

20 after the date of enactment of the Act, and on a reg21 ular basis thereafter, the Secretary of Homeland Se22 curity shall prepare and submit to the Committee on 

23 Homeland Security of the House of Representatives 

24 and the Committee on Homeland Security and Gov25 ernmental Affairs of the Senate a Department of 

26 Homeland Security Terrorism Prevention Plan. The 
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1 Plan shall be a comprehensive and integrated plan 

2 that includes the goals, objectives, milestones, and 

3 key initiatives of the Department of Homeland Secu4 rity to prevent acts of terrorism on the United 

5 States, including its territories and interests. 

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

7 the Plan the following elements: 

8 (A) Identification and prioritization of 

9 groups and subgroups that pose the most sig10 nificant threat of committing acts of terrorism 

11 on the United States and its interests. 

12 (B) Identification of the most significant 

13 current, evolving, and long term terrorist 

14 threats to the United States and its interests, 

15 including an evaluation of— 

16 (i) the materials that may be used to 

17 carry out a potential attack; 

18 (ii) the methods that may be used to 

19 carry out a potential attack; and 

20 (iii) the outcome the perpetrators of 

21 acts of terrorism aim to achieve. 

22 (C) A prioritization of the threats identi23 fied under subparagraph (B), based on an as24 sessment of probability and consequence of such 

25 attacks. 
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1 (D) A description of processes and proce2 dures that the Secretary shall establish to insti3 tutionalize close coordination between the De4 partment of Homeland Security and the Na5 tional Counter Terrorism Center and other ap6 propriate United States intelligence agencies. 

7 (E) The policies and procedures the Sec8 retary shall establish to ensure the Department 

9 gathers real time information from the National 

10 Counter Terrorism Center; disseminates this in11 formation throughout the Department, as ap12 propriate; utilizes this information to support 

13 the Department’s counter terrorism responsibil14 ities; integrates the Department’s information 

15 collection and analysis functions; and dissemi16 nates this information to its operational units, 

17 as appropriate. 

18 (F) A description of the specific actions 

19 the Secretary shall take to identify threats of 

20 terrorism on the United States and its inter21 ests, and to coordinate activities within the De22 partment to prevent acts of terrorism, with spe23 cial emphasis on prevention of terrorist access 

24 to and use of weapons of mass destruction. 
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1 (G) A description of initiatives the Sec2 retary shall take to share critical terrorism pre3 vention information with, and provide terrorism 

4 prevention support to, State and local govern5 ments and the private sector. 

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

7 for implementing the Homeland Security Infor8 mation Network, the Homeland Security Secure 

9 Data Network, and other departmental infor10 mation initiatives to prevent acts of terrorism 

11 on the United States and its interests, including 

12 integration of these initiatives in the operations 

13 of the Homeland Security Operations Center. 

14 (I) Such other terrorism prevention-related 

15 elements as the Secretary considers appro16 priate. 

17 (3) CONSULTATION.—In formulating the Plan 

18 the Secretary shall consult with— 

19 (A) the Director of National Intelligence; 

20 (B) the Director of the National Counter 

21 Terrorism Center; 

22 (C) the Attorney General; 

23 (D) the Director of the Federal Bureau of 

24 Investigation; 

25 (E) the Secretary of Defense; 
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1 (F) the Secretary of State; 

2 (G) the Secretary of Energy; 

3 (H) the Secretary of the Treasury; and 

4 (I) the heads of other Federal agencies and 

5 State, county, and local law enforcement agen6 cies as the Secretary considers appropriate. 

7 (4) CLASSIFICATION.—The Secretary shall pre8 pare the Plan in both classified and nonclassified 

9 forms. 

10 (b) ANNUAL CROSSCUTTING ANALYSIS OF PROPOSED

11 FUNDING FOR DEPARTMENT OF HOMELAND SECURITY

12 PROGRAMS.— 

13 (1) REQUIREMENT TO SUBMIT ANALYSIS.—The 

14 Secretary of Homeland Security shall submit to the 

15 Congress, concurrently with the submission of the 

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

17 crosscutting analysis of the budget proposed for the 

18 Department of Homeland Security, by budget func19 tion, by agency, and by initiative area, identifying 

20 the requested amounts of gross and net appropria21 tions or obligational authority and outlays for pro22 grams and activities of the Department for each of 

23 the following mission areas: 

24 (A) To prevent terrorist attacks within the 

25 United States. 
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1 (B) To reduce the vulnerability of the 

2 United States to terrorism. 

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

4 the recovery, from terrorist attacks that do 

5 occur within the United States. 

6 (D) To carry out all functions of the agen7 cies and subdivisions within the Department 

8 that are not related directly to homeland secu9 rity. 

10 (2) FUNDING ANALYSIS OF MULTI-PURPOSE

11 FUNCTIONS.—The analysis required under para12 graph (1) for functions that are both related directly 

13 and not related directly to homeland security shall 

14 include a detailed allocation of funding for each spe15 cific mission area within those functions, including 

16 an allocation of funding among mission support 

17 functions, such as agency overhead, capital assets, 

18 and human capital. 

19 (3) INCLUDED TERRORISM PREVENTION ACTIVI20 TIES.—The analysis required under paragraph 

21 (1)(A) shall include the following activities (among 

22 others) of the Department: 

23 (A) Collection and effective use of intel24 ligence and law enforcement operations that 
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1 screen for and target individuals who plan or 

2 intend to carry out acts of terrorism. 

3 (B) Investigative, intelligence, and law en4 forcement operations that identify and disrupt 

5 plans for acts of terrorism or reduce the ability 

6 of groups or individuals to commit acts of ter7 rorism. 

8 (C) Investigative activities and intelligence 

9 operations to detect and prevent the introduc10 tion of weapons of mass destruction into the 

11 United States. 

12 (D) Initiatives to detect potential, or the 

13 early stages of actual, biological, chemical, radi14 ological, or nuclear attacks. 

15 (E) Screening individuals against terrorist 

16 watch lists. 

17 (F) Screening cargo to identify and seg18 regate high-risk shipments. 

19 (G) Specific utilization of information 

20 sharing and intelligence, both horizontally 

21 (within the Federal Government) and vertically 

22 (among Federal, State, and local governments), 

23 to detect or prevent acts of terrorism. 

24 (H) Initiatives, including law enforcement 

25 and intelligence operations, to preempt, disrupt, 
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1 and deter acts of terrorism overseas intended to 

2 strike the United States. 

3 (I) Investments in technology, research 

4 and development, training, and communications 

5 systems that are designed to improve the per6 formance of the Department and its agencies 

7 with respect to each of the activities listed in 

8 subparagraphs (A) through (H). 

9 (4) SEPARATE DISPLAYS FOR MANDATORY AND

10 DISCRETIONARY AMOUNTS.—Each analysis under 

11 paragraph (1) shall include separate displays for 

12 proposed mandatory appropriations and proposed 

13 discretionary appropriations. 

14 SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS. 

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

16 single process for conducting the security screening and 

17 background checks on individuals participating in any vol18 untary or mandatory departmental credentialing or reg19 istered traveler program. 

20 (b) INCLUDED PROGRAMS.—The process established 

21 under subsection (a) shall be sufficient to meet the secu22 rity requirements of all applicable Departmental pro23 grams, including— 

24 (1) the Transportation Worker Identification 

25 Credential; 
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1 (2) the Hazmat Endorsement Credential; 

2 (3) the Free and Secure Trade program; 

3 (4) the NEXUS and SENTRI border crossing 

4 programs; 

5 (5) the Registered Traveler program of the 

6 Transportation Security Administration; and 

7 (6) any other similar program or credential con8 sidered appropriate for inclusion by the Secretary. 

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

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

15 programs. 

16 (2) An ability to submit such security screening 

17 information at any location or through any process 

18 approved by the Secretary with respect to any of the 

19 applicable departmental programs. 

20 (3) Acceptance by the Department of a security 

21 clearance issued by a Federal agency, to the extent 

22 that the security clearance process of the agency sat23 isfies requirements that are at least as stringent as 

24 those of the applicable departmental programs under 

25 this section. 
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1 (4) Standards and procedures for protecting in2 dividual privacy, confidentiality, record retention, 

3 and addressing other concerns relating to informa4 tion security. 

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

7 (1) submit a description of the process devel8 oped under subsection (a) to the Committee on 

9 Homeland Security of the House of Representatives 

10 and the Committee on Homeland Security and Gov11 ernmental Affairs of the Senate by not later than 6 

12 months after the date of the enactment of this Act; 

13 and 

14 (2) begin implementing such process by not 

15 later than 12 months after the date of the enact16 ment of this Act. 

17 (e) RELATIONSHIP TO OTHER LAWS.—Nothing in 

18 this section affects any statutory requirement relating to 

19 the operation of the programs described in subsection (b). 
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1 Subtitle B—Homeland Security In2 formation Sharing and Analysis 

3 Enhancement 

4 SEC. 211. SHORT TITLE. 

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

6 Information Sharing and Analysis Enhancement Act of 

7 2005’’. 

8 SEC. 212. PROVISION OF TERRORISM-RELATED INFORMA9 TION TO PRIVATE SECTOR OFFICIALS. 

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

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

12 following: 

13 ‘‘(20) To require, in consultation with the As14 sistant Secretary for Infrastructure Protection, the 

15 creation and routine dissemination of analytic re16 ports and products designed to provide timely and 

17 accurate information that has specific relevance to 

18 each of the Nation’s critical infrastructure sectors 

19 (as identified in the national infrastructure protec20 tion plan issued under paragraph (5)), to private 

21 sector officials in each such sector who are respon22 sible for protecting institutions within that sector 

23 from potential acts of terrorism and for mitigating 

24 the potential consequences of any such act.’’. 
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1 SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BI2 OLOGICAL AGENTS AND NUCLEAR WEAPONS. 

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

4 (6 U.S.C. 121(d)) is further amended by adding at the 

5 end the following: 

6 ‘‘(21) To ensure sufficient analytic expertise 

7 within the Office of Information Analysis to create 

8 and disseminate, on an ongoing basis, products 

9 based on the analysis of homeland security informa10 tion, as defined in section 892(f)(1), with specific 

11 reference to the threat of terrorism involving the use 

12 of nuclear weapons and biological agents to inflict 

13 mass casualties or other catastrophic consequences 

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

15 SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECU16 RITY INFORMATION. 

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

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

19 is amended by adding at the end the following: 

20 ‘‘SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECU21 RITY INFORMATION. 

22 ‘‘The Secretary shall establish a process and assign 

23 an individual or entity the responsibility to ensure that, 

24 as appropriate, elements of the Department conduct alter25 native analysis (commonly referred to as ‘red-team anal26 ysis’) of homeland security information, as that term is 
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1 defined in section 892(f)(1), that relates to potential acts 

2 of terrorism involving the use of nuclear weapons or bio3 logical agents to inflict mass casualties or other cata4 strophic consequences on the population or territory of the 

5 United States.’’. 

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

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

8 the item relating to section 202 the following: 

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

9 SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND 

10 INFRASTRUCTURE PROTECTION FUNCTIONS. 

11 Section 201(b) of the Department of Homeland Secu12 rity Act of 2002 (6 U.S.C. 121(b)) is amended by adding 

13 at the end the following: 

14 ‘‘(4) ASSIGNMENT OF SPECIFIC FUNCTIONS.— 

15 The Under Secretary for Information Analysis and 

16 Infrastructure Protection— 

17 ‘‘(A) shall assign to the Assistant Sec18 retary for Information Analysis the responsi19 bility for performing the functions described in 

20 paragraphs (1), (3), (4), (7) through (16), and 

21 (18) of subsection (d); 

22 ‘‘(B) shall assign to the Assistant Sec23 retary for Infrastructure Protection the respon24 sibility for performing the functions described 
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1 in paragraphs (2), (5), and (6) of subsection 

2 (d); 

3 ‘‘(C) shall ensure that the Assistant Sec4 retary for Information Analysis and the Assist5 ant Secretary for Infrastructure Protection both 

6 perform the functions described in paragraphs 

7 (17) and (19) of subsection (d); 

8 ‘‘(D) may assign to each such Assistant 

9 Secretary such other duties relating to such re10 sponsibilities as the Under Secretary may pro11 vide; and 

12 ‘‘(E) shall direct each such Assistant Sec13 retary to coordinate with elements of the intel14 ligence community, with Federal, State, and 

15 local law enforcement agencies, and with tribal 

16 and private sector entities, as appropriate.’’. 

17 SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SE18 CURITY-RELATED INFORMATION. 

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

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

21 at the end the following: 

22 ‘‘SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SE23 CURITY-RELATED INFORMATION. 

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

25 subsection (b), the Secretary shall be the executive branch 
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1 official responsible for disseminating homeland security2 related information to State and local government and 

3 tribal officials and the private sector. 

4 ‘‘(b) PRIOR APPROVAL REQUIRED.—No Federal offi5 cial may issue any homeland security-related analysis, ad6 visory, or alert without the Secretary’s prior approval, ex7 cept— 

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

9 essential that the information be communicated im10 mediately; or 

11 ‘‘(2) when such analysis advisory or alert is 

12 issued to State, local, or tribal law enforcement offi13 cials for the purpose of assisting them in any aspect 

14 of the administration of criminal justice.’’. 

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

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

17 end the following: 

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

18 SEC. 217. TOM RIDGE HOMELAND SECURITY FELLOWS PRO19 GRAM. 

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

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

22 121 et seq.) is further amended by adding at the end the 

23 following: 
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1 ‘‘SEC. 204. TOM RIDGE HOMELAND SECURITY FELLOWS 

2 PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall estab5 lish a fellowship program in accordance with this 

6 section for the purpose of bringing State, local, trib7 al, and private sector officials to participate in the 

8 work of the Homeland Security Operations Center in 

9 order to become familiar with— 

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

11 Center; and 

12 ‘‘(B) the role, programs, products, and 

13 personnel of the Office of Information Analysis 

14 and the Office of Infrastructure Protection. 

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

16 this section shall be known as the ‘Tom Ridge 

17 Homeland Security Fellows Program’. 

18 ‘‘(b) ELIGIBILITY.—In order to be eligible for selec19 tion as a fellow under the program, an individual must— 

20 ‘‘(1) have homeland security-related responsibil21 ities; and 

22 ‘‘(2) possess an appropriate national security 

23 clearance. 

24 ‘‘(c) LIMITATIONS.—The Secretary— 
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1 ‘‘(1) may conduct up to 4 iterations of the pro2 gram each year, each of which shall be 90 days in 

3 duration; and 

4 ‘‘(2) shall ensure that the number of fellows se5 lected for each iteration does not impede the activi6 ties of the Center. 

7 ‘‘(d) CONDITION.—As a condition of selecting an in8 dividual as a fellow under the program, the Secretary shall 

9 require that the individual’s employer agree to continue 

10 to pay the individual’s salary and benefits during the pe11 riod of the fellowship. 

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

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

14 subject to the availability of appropriations— 

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

16 the individual’s reasonable living expenses during the 

17 period of the fellowship; and 

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

19 economy fare travel to and from the individual’s 

20 place of residence twice each month.’’. 

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

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

23 at the end of the items relating to such subtitle the fol24 lowing: 

‘‘Sec. 204. Tom Ridge Homeland Security Fellows Program.’’. 
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1 SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED IN2 FORMATION. 

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

4 (6 U.S.C. 121(d)) is further amended by adding at the 

5 end the following: 

6 ‘‘(22) To ensure that— 

7 ‘‘(A) the Assistant Secretary for Informa8 tion Analysis receives promptly and without re9 quest all information obtained by any compo10 nent of the Department if that information re11 lates, directly or indirectly, to a threat of ter12 rorism involving the potential use of nuclear 

13 weapons; 

14 ‘‘(B) such information is— 

15 ‘‘(i) integrated and analyzed com16 prehensively; and 

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

18 including to appropriately cleared State, 

19 local, tribal, and private sector officials; 

20 and 

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

22 what requests the Department should submit 

23 for collection of additional information relating 

24 to that threat.’’. 
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1 SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFOR2 MATION ANALYSIS TO TERRORISM INFORMA3 TION. 

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

5 (6 U.S.C. 121(d)) is further amended by adding at the 

6 end the following: 

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

8 for Information Analysis— 

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

10 prompt access to all terrorism-related informa11 tion collected by or otherwise in the possession 

12 of any component of the Department, including 

13 all homeland security information (as that term 

14 is as defined in section 892(f)(1)); and 

15 ‘‘(B) to the extent technologically feasible 

16 has direct access to all databases of any compo17 nent of the Department that may contain such 

18 information.’’. 

19 SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY 

20 INFORMATION NETWORK. 

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

22 (6 U.S.C. 121(d)) is further amended by adding at the 

23 end the following new paragraph: 

24 ‘‘(24) To administer the homeland security in25 formation network, including— 
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1 ‘‘(A) exercising primary responsibility for 

2 creating a secure nationwide real-time home3 land security information sharing network for 

4 Federal, State, and local government agencies 

5 and authorities, tribal officials, the private sec6 tor, and other governmental and private entities 

7 involved in receiving, analyzing, and distrib8 uting information related to threats to home9 land security; and 

10 ‘‘(B) ensuring that the information sharing 

11 systems, developed in connection with the net12 work created under subparagraph (A), utilize 

13 and are compatible with, to the greatest extent 

14 practicable, Federal, State, and local govern15 ment, tribal, and private sector antiterrorism 

16 systems and protocols that have been or are 

17 being developed.’’. 

18 SEC. 221. HOMELAND SECURITY ADVISORY SYSTEM. 

19 (a) IN GENERAL.—Subtitle A of title II of the Home20 land Security Act of 2002 is amended— 

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

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

23 (2) by adding at the end the following: 
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1 ‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 

2 ‘‘(a) REQUIREMENT.—The Under Secretary for In3 formation Analysis and Infrastructure Protection shall im4 plement a Homeland Security Advisory System in accord5 ance with this section to provide public advisories and 

6 alerts regarding threats to homeland security, including 

7 national, regional, local, and economic sector advisories 

8 and alerts, as appropriate. 

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

10 under the System— 

11 ‘‘(1) shall include, in each advisory and alert re12 garding a threat, information on appropriate protec13 tive measures and countermeasures that may be 

14 taken in response to the threat; 

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

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

17 or economic sector believed to be at risk; and 

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

19 use color designations as the exclusive means of 

20 specifying the homeland security threat conditions 

21 that are the subject of the advisory or alert.’’. 

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

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

24 end of the items relating to subtitle A of title II the fol25 lowing: 

‘‘Sec. 205. Homeland Security Advisory System.’’. 
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1 SEC. 222. USE OF OPEN SOURCE INFORMATION. 

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

3 (6 U.S.C. 121(d)) is further amended by adding at the 

4 end the following: 

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

6 ‘‘(A) the Assistant Secretary for Informa7 tion Analysis produces and disseminates reports 

8 and analytic products based on open-source in9 formation that do not require a national secu10 rity classification under applicable law; and 

11 ‘‘(B) such unclassified open source reports 

12 are produced and disseminated contempora13 neously with reports or analytic products con14 cerning the same or similar information that 

15 the Assistant Secretary for Information Anal16 ysis produces and disseminates in a classified 

17 format.’’. 

18 SEC. 223. FULL AND EFFICIENT USE OF OPEN SOURCE IN19 FORMATION. 

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

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

22 is amended by adding at the end the following: 

23 ‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN SOURCE IN24 FORMATION. 

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

26 their analytic responsibilities under section 201(d) and in 
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1 formulating requirements for collection of additional infor2 mation, the Assistant Secretary for Information Analysis 

3 and the Assistant Secretary for Infrastructure Protection 

4 make full and efficient use of open-source information.’’. 

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

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

7 the item relating to section 202 the following: 

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

8 TITLE III—DOMESTIC PRE9 PAREDNESS AND PROTEC10 TION 

11 Subtitle A—Preparedness and 

12 Protection 

13 SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM. 

14 (a) IN GENERAL.—Section 430 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 238) is amended by striking 

16 ‘‘and’’ after the semicolon at the end of paragraph (8), 

17 by striking the period at the end of paragraph (9) and 

18 inserting ‘‘; and’’, and by adding at the end the following: 

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

20 evaluating exercises at the National, State, terri21 torial, regional, local, and tribal levels of government 

22 that incorporate government officials, emergency re23 sponse providers, public safety agencies, the private 

24 sector, international governments and organizations, 

25 and other appropriate entities to test the Nation’s 
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1 capability to prevent, prepare for, respond to, and 

2 recover from threatened or actual acts of ter3 rorism.’’. 

4 (b) NATIONAL TERRORISM EXERCISE PROGRAM.— 

5 (1) ESTABLISHMENT OF PROGRAM.—Title VIII 

6 of the Homeland Security Act of 2002 (Public Law 

7 107–296) is amended by adding at the end the fol8 lowing new subtitle: 

9 ‘‘Subtitle J—Terrorism 

10 Preparedness Exercises 

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

12 ‘‘(a) IN GENERAL.—The Secretary, through the Of13 fice for Domestic Preparedness, shall establish a National 

14 Terrorism Exercise Program for the purpose of testing 

15 and evaluating the Nation’s capabilities to prevent, pre16 pare for, respond to, and recover from threatened or ac17 tual acts of terrorism that— 

18 ‘‘(1) enhances coordination for terrorism pre19 paredness between all levels of government, emer20 gency response providers, international governments 

21 and organizations, and the private sector; 

22 ‘‘(2) is— 

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

24 as appropriate, information analysis and 

25 cybersecurity components; 
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1 ‘‘(B) as realistic as practicable and based 

2 on current risk assessments, including credible 

3 threats, vulnerabilities, and consequences; 

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

5 of notice to involved parties regarding the tim6 ing and details of such exercises, consistent 

7 with safety considerations; 

8 ‘‘(D) evaluated against performance meas9 ures and followed by corrective action to solve 

10 identified deficiencies; and 

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

12 which shall be shared with appropriate Federal, 

13 State, territorial, regional, local, and tribal per14 sonnel, authorities, and training institutions for 

15 emergency response providers; and 

16 ‘‘(3) assists State, territorial, local, and tribal 

17 governments with the design, implementation, and 

18 evaluation of exercises that— 

19 ‘‘(A) conform to the requirements of para20 graph (2); and 

21 ‘‘(B) are consistent with any applicable 

22 State homeland security strategy or plan. 

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

24 through the National Terrorism Exercise Program, shall 
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1 perform on a periodic basis national terrorism prepared2 ness exercises for the purposes of— 

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

4 territorial, local, tribal, and international govern5 ments, as the Secretary considers appropriate; 

6 ‘‘(2) testing and evaluating the Nation’s capa7 bility to detect, disrupt, and prevent threatened or 

8 actual catastrophic acts of terrorism, especially those 

9 involving weapons of mass destruction; and 

10 ‘‘(3) testing and evaluating the Nation’s readi11 ness to respond to and recover from catastrophic 

12 acts of terrorism, especially those involving weapons 

13 of mass destruction.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in section 1(b) of such Act is amended by add16 ing at the end of the items relating to title VIII the 

17 following: 

‘‘Subtitle J—Terrorism Preparedness Exercises 

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

18 SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

19 (a) ESTABLISHMENT OF TECHNOLOGY CLEARING20 HOUSE.—Not later than 90 days after the date of enact21 ment of this Act, the Secretary shall complete the estab22 lishment of the Technology Clearinghouse under section 

23 313 of the Homeland Security Act of 2002. 
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1 (b) TRANSFER PROGRAM.—Section 313 of the Home2 land Security Act of 2002 (6 U.S.C. 193) is amended— 

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

4 following new paragraph: 

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

6 technology transfer program to facilitate the identi7 fication, modification, and commercialization of tech8 nology and equipment for use by Federal, State, and 

9 local governmental agencies, emergency response 

10 providers, and the private sector to prevent, prepare 

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

12 (2) by redesignating subsection (c) as sub13 section (d); and 

14 (3) by inserting after subsection (b) the fol15 lowing new subsection: 

16 ‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In devel17 oping the program described in subsection (b)(6), the Sec18 retary, acting through the Under Secretary for Science 

19 and Technology, shall— 

20 ‘‘(1) in consultation with the other Undersecre21 taries of the Department and the Director of the Of22 fice for Domestic Preparedness, on an ongoing 

23 basis— 

24 ‘‘(A) conduct surveys and reviews of avail25 able appropriate technologies that have been, or 
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1 are in the process of being developed or dem2 onstrated by the Department, other Federal 

3 agencies, or the private sector or foreign gov4 ernments and international organizations and 

5 that may be useful in assisting Federal, State, 

6 and local governmental agencies, emergency re7 sponse providers, or the private sector to pre8 vent, prepare for, or respond to acts of ter9 rorism; 

10 ‘‘(B) conduct or support research and de11 velopment as appropriate of technologies identi12 fied under subparagraph (A), including any 

13 necessary modifications to such technologies for 

14 anti-terrorism use; 

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

16 local governmental agencies, emergency re17 sponse providers, or the private sector the avail18 ability of such technologies for anti-terrorism 

19 use, as well as the technology’s specifications, 

20 satisfaction of appropriate standards, and the 

21 appropriate grants available from the Depart22 ment to purchase such technologies; 

23 ‘‘(D) coordinate the selection and adminis24 tration of all technology transfer activities of 

25 the Science and Technology Directorate, includ-
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1 ing projects and grants awarded to the private 

2 sector and academia; and 

3 ‘‘(E) identify priorities based on current 

4 risk assessments within the Department of 

5 Homeland Security for identifying, researching, 

6 developing, modifying, and fielding existing 

7 technologies for anti-terrorism purposes; and 

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

9 paragraph (1)— 

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

11 emergency response providers; 

12 ‘‘(B) consult with government and nation13 ally recognized standards organizations as ap14 propriate; 

15 ‘‘(C) enter into agreements and coordinate 

16 with other Federal agencies and foreign govern17 ments and international organizations as the 

18 Secretary determines appropriate, in order to 

19 maximize the effectiveness of such technologies 

20 or to facilitate commercialization of such tech21 nologies; and 

22 ‘‘(D) consult with existing technology 

23 transfer programs and Federal and State train24 ing centers that research, develop, and transfer 
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1 military and other technologies for use by emer2 gency response providers.’’. 

3 (c) REPORT.—Not later than one year after the date 

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

5 and Technology shall transmit to the Congress a descrip6 tion of the progress the Department has made in imple7 menting the provisions of section 313 of the Homeland 

8 Security Act of 2002, as amended by this Act, including 

9 a description of the process used to review unsolicited pro10 posals received as described in subsection (b)(3) of such 

11 section. 

12 (d) SAVINGS CLAUSE.—Nothing in this section (in13 cluding the amendments made by this section) shall be 

14 construed to alter or diminish the effect of the limitation 

15 on the authority of the Secretary of Homeland Security 

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

17 2002 (6 U.S.C. 182(4)) with respect to human health-re18 lated research and development activities. 

19 SEC. 303. REQUIREMENTS RELATING TO THE CONTAINER 

20 SECURITY INITIATIVE (CSI). 

21 (a) RISK ASSESSMENT AND DESIGNATION OF NEW

22 FOREIGN SEAPORTS.— 

23 (1) RISK ASSESSMENT.—The Secretary of 

24 Homeland Security shall conduct a risk assessment 

25 of each foreign seaport that the Secretary is consid-
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1 ering designating as a port under the Container Se2 curity Initiative (CSI) on or after the date of the en3 actment of this Act. Each such assessment shall 

4 evaluate the level of risk for the potential com5 promise of cargo containers by terrorists or terrorist 

6 weapons at the port. 

7 (2) DESIGNATION.—The Secretary is author8 ized to designate a foreign seaport as a port under 

9 CSI on or after the date of the enactment of this 

10 Act only if the Secretary determines pursuant to an 

11 assessment under paragraph (1) that a significant 

12 level of risk exists for the potential compromise of 

13 cargo containers by terrorists or terrorist weapons at 

14 the port. 

15 (b) DEPLOYMENT OF INSPECTION EQUIPMENT TO

16 NEW CSI PORTS.— 

17 (1) DEPLOYMENT.—The Secretary is author18 ized to assist in the deployment of non-intrusive in19 spection equipment for cargo containers at each CSI 

20 port designated under subsection (a)(2) and provide 

21 training for personnel at the CSI port to operate the 

22 non-intrusive inspection equipment. 

23 (2) ADDITIONAL REQUIREMENTS.—The Sec24 retary shall establish technical capability require25 ments and standard operating procedures for non-in-
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1 trusive inspection equipment described in paragraph 

2 (1) and shall require each CSI port to agree to oper3 ate such equipment in accordance with such require4 ments and procedures as a condition for receiving 

5 the equipment and training under such paragraph. 

6 (c) DEPLOYMENT OF PERSONNEL TO NEW CSI 

7 PORTS; RE-EVALUATION OF PERSONNEL AT ALL CSI 

8 PORTS.— 

9 (1) DEPLOYMENT.—The Secretary shall deploy 

10 Department of Homeland Security personnel to each 

11 CSI port designated under subsection (a)(1) with re12 spect to which the Secretary determines that the de13 ployment is necessary to successfully implement the 

14 requirements of CSI at the port. 

15 (2) RE-EVALUATION.—The Secretary shall peri16 odically review relevant risk assessment information 

17 with respect to all CSI ports at which Department 

18 of Homeland Security personnel are deployed to as19 sess whether or not continued deployment of such 

20 personnel, in whole or in part, is necessary to suc21 cessfully implement the requirements of CSI at the 

22 port. 

23 (d) INSPECTION AND SCREENING AT UNITED

24 STATES PORTS OF ENTRY.—Cargo containers arriving at 

25 a United States port of entry from a CSI port shall under-
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1 go the same level of inspection and screening as cargo con2 tainers arriving at a United States port of entry from a 

3 foreign seaport that is not participating in CSI unless the 

4 containers were initially inspected at the CSI port at the 

5 request of CSI personnel and such personnel verify and 

6 electronically record that the inspection indicates that the 

7 containers do not contain unlawful goods or persons. 

8 (e) DEFINITION.—In this section, the term ‘‘Con9 tainer Security Initiative’’ or ‘‘CSI’’ means the program 

10 carried out by the Department of Homeland Security 

11 under which the Department enters into agreements with 

12 foreign seaports to— 

13 (1) establish security criteria to identify high14 risk maritime cargo containers bound for the United 

15 States based on advance information; and 

16 (2) screen or inspect such maritime cargo con17 tainers for unlawful goods and persons prior to ship18 ment to the United States. 

19 Subtitle B—Department of Home20 land Security Cybersecurity En21 hancement 

22 SEC. 311. SHORT TITLE. 

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

24 Homeland Security Cybersecurity Enhancement Act of 

25 2005’’. 
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1 SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY. 

2 (a) IN GENERAL.—Subtitle A of title II of the Home3 land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 

4 amended by adding at the end the following: 

5 ‘‘SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY. 

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

7 for Information Analysis and Infrastructure Protection a 

8 National Cybersecurity Office headed by an Assistant Sec9 retary for Cybersecurity (in this section referred to as the 

10 ‘Assistant Secretary’), who shall assist the Secretary in 

11 promoting cybersecurity for the Nation. 

12 ‘‘(b) GENERAL AUTHORITY.—The Assistant Sec13 retary, subject to the direction and control of the Sec14 retary, shall have primary authority within the Depart15 ment for all cybersecurity-related critical infrastructure 

16 protection programs of the Department, including with re17 spect to policy formulation and program management. 

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

19 Assistant Secretary shall include the following: 

20 ‘‘(1) To establish and manage— 

21 ‘‘(A) a national cybersecurity response sys22 tem that includes the ability to— 

23 ‘‘(i) analyze the effect of cybersecurity 

24 threat information on national critical in25 frastructure; and 
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1 ‘‘(ii) aid in the detection and warning 

2 of attacks on, and in the restoration of, 

3 cybersecurity infrastructure in the after4 math of such attacks; 

5 ‘‘(B) a national cybersecurity threat and 

6 vulnerability reduction program that identifies 

7 cybersecurity vulnerabilities that would have a 

8 national effect on critical infrastructure, per9 forms vulnerability assessments on information 

10 technologies, and coordinates the mitigation of 

11 such vulnerabilities; 

12 ‘‘(C) a national cybersecurity awareness 

13 and training program that promotes 

14 cybersecurity awareness among the public and 

15 the private sectors and promotes cybersecurity 

16 training and education programs; 

17 ‘‘(D) a government cybersecurity program 

18 to coordinate and consult with Federal, State, 

19 and local governments to enhance their 

20 cybersecurity programs; and 

21 ‘‘(E) a national security and international 

22 cybersecurity cooperation program to help fos23 ter Federal efforts to enhance international 

24 cybersecurity awareness and cooperation. 
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1 ‘‘(2) To coordinate with the private sector on 

2 the program under paragraph (1) as appropriate, 

3 and to promote cybersecurity information sharing, 

4 vulnerability assessment, and threat warning regard5 ing critical infrastructure. 

6 ‘‘(3) To coordinate with other directorates and 

7 offices within the Department on the cybersecurity 

8 aspects of their missions. 

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

10 for Emergency Preparedness and Response to en11 sure that the National Response Plan developed pur12 suant to section 502(6) of the Homeland Security 

13 Act of 2002 (6 U.S.C. 312(6)) includes appropriate 

14 measures for the recovery of the cybersecurity ele15 ments of critical infrastructure. 

16 ‘‘(5) To develop processes for information shar17 ing with the private sector, consistent with section 

18 214, that— 

19 ‘‘(A) promote voluntary cybersecurity best 

20 practices, standards, and benchmarks that are 

21 responsive to rapid technology changes and to 

22 the security needs of critical infrastructure; and 

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

24 and foreign governments and the private sector, 

25 including the insurance industry and auditors. 
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1 ‘‘(6) To coordinate with the Chief Information 

2 Officer of the Department in establishing a secure 

3 information sharing architecture and information 

4 sharing processes, including with respect to the De5 partment’s operation centers. 

6 ‘‘(7) To consult with the Electronic Crimes 

7 Task Force of the United States Secret Service on 

8 private sector outreach and information activities. 

9 ‘‘(8) To consult with the Office for Domestic 

10 Preparedness to ensure that realistic cybersecurity 

11 scenarios are incorporated into tabletop and recovery 

12 exercises. 

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

14 with other Federal agencies on cybersecurity-related 

15 programs, policies, and operations. 

16 ‘‘(10) To consult and coordinate within the De17 partment and, where appropriate, with other rel18 evant Federal agencies, on security of digital control 

19 systems, such as Supervisory Control and Data Ac20 quisition (SCADA) systems. 

21 ‘‘(d) AUTHORITY OVER THE NATIONAL COMMUNICA22 TIONS SYSTEM.—The Assistant Secretary shall have pri23 mary authority within the Department over the National 

24 Communications System.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents 

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

3 end of the items relating to subtitle A of title II the fol4 lowing: 

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

5 SEC. 313. CYBERSECURITY DEFINED. 

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

7 U.S.C. 101) is amended by adding at the end the fol8 lowing: 

9 ‘‘(17)(A) The term ‘cybersecurity’ means the 

10 prevention of damage to, the protection of, and the 

11 restoration of computers, electronic communications 

12 systems, electronic communication services, wire 

13 communication, and electronic communication, in14 cluding information contained therein, to ensure its 

15 availability, integrity, authentication, confidentiality, 

16 and nonrepudiation. 

17 ‘‘(B) In this paragraph— 

18 ‘‘(i) each of the terms ‘damage’ and ‘com19 puter’ has the meaning that term has in section 

20 1030 of title 18, United States Code; and 

21 ‘‘(ii) each of the terms ‘electronic commu22 nications system’, ‘electronic communication 

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

24 communication’ has the meaning that term has 
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1 in section 2510 of title 18, United States 

2 Code.’’. 

3 TITLE IV—MISCELLANEOUS 

4 SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDI5 NATION AND OPERATIONS. 

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

7 findings: 

8 (1) In creating the Department of Homeland 

9 Security, the Congress sought to enhance the Na10 tion’s capabilities to prevent, protect against, and re11 spond to terrorist acts by consolidating existing Fed12 eral agencies with homeland security functions into 

13 a single new Department, and by realigning the mis14 sions of those legacy agencies to more directly sup15 port our national homeland security efforts. 

16 (2) As part of this massive government reorga17 nization, section 442 of the Homeland Security Act 

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

19 of Border Security and transferred into it all of the 

20 functions, programs, personnel, assets, and liabilities 

21 pertaining to the following programs: the Border Pa22 trol; alien detention and removal; immigration-re23 lated intelligence, investigations, and enforcement 

24 activities; and immigration inspections at ports of 

25 entry. 
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1 (3) Title IV of the Homeland Security Act of 

2 2002 (Public Law 107–273) also transferred to the 

3 new Department the United States Customs Service, 

4 as a distinct entity within the new Department, to 

5 further the Department’s border integrity mission. 

6 (4) Utilizing its reorganization authority pro7 vided in the Homeland Security Act of 2002, the 

8 President submitted a reorganization plan for the 

9 Department on January 30, 2003. 

10 (5) This plan merged the customs and immigra11 tion border inspection and patrol functions, along 

12 with agricultural inspections functions, into a new 

13 entity called United States Customs and Border 

14 Protection. 

15 (6) The plan also combined the customs and 

16 immigration enforcement agents, as well as the Of17 fice of Detention and Removal Operations, the Of18 fice of Federal Protective Service, the Office of Fed19 eral Air Marshal Service, and the Office of Intel20 ligence, into another new entity called United States 

21 Immigration and Customs Enforcement. 

22 (7) The President’s January 30, 2003, reorga23 nization plan did not explain the reasons for sepa24 rating immigration inspection and border patrol 

25 functions from other immigration-related enforce-
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1 ment activities, which was contrary to the single Bu2 reau of Border Security as prescribed by the Con3 gress in the section 441 of the Homeland Security 

4 Act of 2002. 

5 (8) Two years after this structure has been in 

6 effect, questions remain about whether the Depart7 ment has organized itself properly, and is managing 

8 its customs and immigration enforcement and border 

9 security resources in the most efficient, sensible, and 

10 effective manner. 

11 (9) The current structure has resulted in less 

12 cooperation and information sharing between these 

13 two critical functions than is desirable, and has 

14 caused operational and administrative difficulties 

15 that are hampering efforts to secure our borders and 

16 ensure the integrity of our border control system. 

17 (10) United States Immigration and Customs 

18 Enforcement has faced major budgetary challenges 

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

20 of resources upon the separation of immigration 

21 functions. These budget shortfalls have forced 

22 United States Immigration and Customs Enforce23 ment to impose hiring freezes and to release aliens 

24 that otherwise should be detained. 
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1 (11) The current structure also has resulted in 

2 unnecessary overlap and duplication between United 

3 States Immigration and Customs Enforcement and 

4 United States Customs and Border Protection, both 

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

6 intelligence, legislative affairs, public affairs and 

7 international affairs offices in both agencies. 

8 (12) Border security and customs and immigra9 tion enforcement should be one seamless mission, fo10 cused on ensuring the integrity of our border control 

11 system. 

12 (b) REPORT.— 

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

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

15 of Homeland Security shall review and evaluate the 

16 current organizational structure of the Department 

17 of Homeland Security established by the President’s 

18 January 30, 2003, reorganization plan and submit a 

19 report of findings and recommendations to the Com20 mittee on Homeland Security of the House of Rep21 resentatives and the Committee on Homeland Secu22 rity and Government Affairs of the Senate. 

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

24 include— 
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1 (A) a description of the rationale for, and 

2 any benefits of, the current organizational divi3 sion of United States Immigration and Customs 

4 Enforcement and United States Customs and 

5 Border Protection, with respect to the Depart6 ment’s homeland security mission; 

7 (B) a description of the organization, mis8 sions, operations, and policies of United States 

9 Customs and Border Protection and United 

10 States Immigration and Customs Enforcement, 

11 and areas of unnecessary overlap or operational 

12 gaps among and between these missions; 

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

16 mission success; 

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

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

20 and oversight of the two agencies, and whether 

21 this management structure is still necessary; 

22 (E) an analysis of whether the Federal Air 

23 Marshals and the Federal Protective Service are 

24 properly located within United States Immigra25 tion and Customs Enforcement; 
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1 (F) the proper placement and functions of 

2 a specialized investigative and patrol unit oper3 ating at the southwest border on the Tohono 

4 O’Odham Nation, known as the Shadow 

5 Wolves; 

6 (G) the potential costs of reorganization, 

7 including financial, programmatic and other 

8 costs, to the Department; and 

9 (H) a detailed action plan for correcting 

10 the operational and administrative problems 

11 that have been caused by the division of United 

12 States Customs and Border Protection and 

13 United States Immigration and Customs En14 forcement, including appropriate reorganization 

15 plans. 

16 SEC. 402. GAO REPORT TO CONGRESS. 

17 Not later than 6 months after the date of the enact18 ment of this Act, the Comptroller General of the United 

19 States shall submit to the Congress a report that sets 

20 forth— 

21 (1) an assessment of the effectiveness of the or22 ganizational and management structure of the De23 partment of Homeland Security in meeting the De24 partment’s counter-terrorism missions; and 
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1 (2) recommendations to facilitate and improve 

2 the organization and management of the Depart3 ment to best meet those missions. 

Æ