I 

108TH CONGRESS 

2D SESSION H. R. 4852 

To authorize appropriations for the Department of Homeland Security for 

fiscal year 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2004 

Mr. COX (for himself, Ms. DUNN, Mr. CAMP, Mr. SHADEGG, Mr. THORNBERRY, and Mr. GIBBONS) introduced the following bill; which was referred to the Select Committee on Homeland Security, and in addition 

to the Committees on Science, Transportation and Infrastructure, Energy 

and Commerce, the Judiciary, Government Reform, Agriculture, and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize appropriations for the Department of Homeland 

Security for fiscal year 2005, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Department of Homeland Security Authorization Act for 

6 Fiscal Year 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—INFORMATION COLLECTION, ANALYSIS, AND 

DISSEMINATION 

Sec. 101. Information collection requirements and priorities. 

Sec. 102. Access to information. 

Sec. 103. Homeland Security Advisory System. 

Sec. 104. Homeland security information sharing. 

Sec. 105. IAIP personnel recruitment. 

Sec. 106. Participation of the Department in the Terrorist Threat Integration 

Center. 

TITLE II—CYBERSECURITY 

Sec. 201. Cybersecurity defined. 

Sec. 202. Assistant Secretary for Cybersecurity. 

TITLE III—SCIENCE AND TECHNOLOGY 

Sec. 301. Homeland Security Institute extension. 

Sec. 302. Special access programs. 

Sec. 303. Homeland Security Science and Technology Advisory Committee. 

Sec. 304. Additional budget-related submissions. 

Sec. 305. Technology-related solicitations, contracts, and grants. 

Sec. 306. Homeland security science investment. 

Sec. 307. Cybersecurity training programs and equipment. 

Sec. 308. Joint development of counterterrorism and homeland security technologies, products, and services. 

Sec. 309. Geospatial information. 

Sec. 310. Interoperable communications. 

Sec. 311. Technology development and transfer. 

TITLE IV—CRITICAL INFRASTRUCTURE PROTECTION 

Sec. 401. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection. 

Sec. 402. Sense of Congress regarding private sector participation in the Homeland Security Operations Center. 

Sec. 403. Treatment of global positioning system as critical infrastructure. 

Sec. 404. Coordination of critical infrastructure grants. 

Sec. 405. Critical infrastructure protection awareness. 

TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE 

Sec. 501. Terrorism exercise program requirements. 

Sec. 502. Grant award notification and distribution. 

Sec. 503. Mutual aid program. 

Sec. 504. National preparedness goal. 

Sec. 505. Clarification of responsibility for interoperative communications. 

Sec. 506. National biodefense strategy. 

Sec. 507. National strategy to mitigate the radiological and nuclear threat. 
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TITLE VI—SECURITY ENFORCEMENT AND INVESTIGATIONS 

Sec. 601. Plan for enhanced coordination and interoperability of maritime and 

airborne homeland security assets. 

Sec. 602. Access to border and transportation security information. 

Sec. 603. Combined enrollment centers for expedited inspection programs. 

Sec. 604. Expedited inspection program use at multiple ports of entry. 

TITLE VII—DEPARTMENTAL MANAGEMENT AND OPERATIONS 

Sec. 701. Assignment of management responsibilities to Deputy Secretary; establishment of additional officer. 

Sec. 702. Additional budget-related submission. 

Sec. 703. Congressional notification requirements. 

TITLE VIII—TECHNICAL CORRECTIONS AND MISCELLANEOUS 

PROVISIONS 

Sec. 801. Technical correction relating to definition of critical infrastructure information. 

Sec. 802. Clarification of pay level for Director of Bureau of Citizenship and 

Immigration Services. 

Sec. 803. Director of United States Secret Service. 

Sec. 804. Technical correction renaming the National Imagery and Mapping 

Agency. 

Sec. 805. No effect on authority of Inspector General. 

TITLE IX—AUTHORIZATION OF APPROPRIATIONS 

Sec. 901. Department of Homeland Security. 

Sec. 902. Departmental management and operations. 

Sec. 903. Information analysis and infrastructure protection. 

Sec. 904. Science and technology. 

Sec. 905. Security enforcement and investigations. 

Sec. 906. Emergency preparedness and response.

1 TITLE I—INFORMATION COLLEC2 TION, ANALYSIS, AND DIS3 SEMINATION 

4 SEC. 101. INFORMATION COLLECTION REQUIREMENTS AND 

5 PRIORITIES. 

6 (a) IN GENERAL.—Section 102 of the Homeland Se7 curity Act of 2002 (6 U.S.C. 112) is amended—

8 (1) by redesignating subsections (e), (f), and 

9 (g), as subsections (f), (g), and (h), respectively; and 
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1 (2) by inserting after subsection (d) the fol2 lowing new subsection (e): 

3 ‘‘(e) PARTICIPATION IN FOREIGN COLLECTION RE4 QUIREMENTS AND MANAGEMENT PROCESSES.—The Sec5 retary shall be a member of any Federal Government 

6 interagency board, established by executive order or any 

7 other binding interagency directive, that is responsible for 

8 establishing foreign collection information requirements 

9 and priorities for estimative analysis.’’. 

10 (b) HOMELAND SECURITY INFORMATION REQUIRE11 MENTS BOARD.—

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

13 111 et seq.) is amended by adding at the end the 

14 following new section: 

15 ‘‘SEC. 104. HOMELAND SECURITY INFORMATION REQUIRE16 MENTS BOARD. 

17 ‘‘(a) ESTABLISHMENT OF BOARD.—There is estab18 lished an interagency Homeland Security Information Re19 quirements Board (hereinafter in this section referred to 

20 as the ‘Information Requirements Board’). 

21 ‘‘(b) MEMBERSHIP.—The following officials are mem22 bers of the Information Requirements Board: 

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

24 shall serve as the chairman of the Information Re25 quirements Board. 
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1 ‘‘(2) The Attorney General. 

2 ‘‘(3) The Secretary of Commerce. 

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

4 ‘‘(5) The Secretary of Defense. 

5 ‘‘(6) The Secretary of Energy. 

6 ‘‘(7) The Secretary of State. 

7 ‘‘(8) The Director of Central Intelligence. 

8 ‘‘(9) The Director of the Federal Bureau of In9 vestigation. 

10 ‘‘(10) The Director of the Terrorist Threat In11 tegration Center or any successor entity. 

12 ‘‘(11) The Chief Privacy Officer of the Depart13 ment of Homeland Security. 

14 ‘‘(c) FUNCTIONS.—

15 ‘‘(1) OVERSIGHT OF HOMELAND SECURITY RE16 QUIREMENTS.—The Information Requirements 

17 Board shall oversee the process for establishing 

18 homeland security requirements and collection man19 agement for all terrorism-related information and all 

20 other homeland security information (as defined in 

21 section 892(g)) collected within the United States. 

22 ‘‘(2) DETERMINATION OF COLLECTION PRIOR23 ITIES.—The Information Requirements Board 

24 shall—
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1 ‘‘(A) determine the domestic information 

2 collection requirements for information relevant 

3 to the homeland security mission; and 

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

5 such information. 

6 ‘‘(3) COORDINATION OF COLLECTION REQUIRE7 MENTS AND MANAGEMENT ACTIVITIES.—

8 ‘‘(A) COORDINATION WITH COUNTERPART

9 AGENCIES.—The Chairman shall ensure that 

10 the Information Requirements Board carries 

11 out its activities in a manner that is fully co12 ordinated with Board’s counterpart entities. 

13 ‘‘(B) PARTICIPATION OF COUNTERPART

14 ENTITIES.—The Chairman and the Director of 

15 Central Intelligence shall ensure that each 

16 counterpart entity—

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

18 the Information Requirement Board and 

19 on every sub-component of the Board; and 

20 ‘‘(ii) meets jointly with the Informa21 tion Requirements Board (and, as appro22 priate, with any sub-component of the 

23 Board) as often as the Chairman and the 

24 Director of Central Intelligence determine 

25 appropriate. 
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1 ‘‘(C) COUNTERPART ENTITY DEFINED.—In 

2 this section, the term ‘counterpart entity’ 

3 means an entity of the Federal Government 

4 that is responsible for foreign intelligence collec5 tion requirements and management, including 

6 the Office of the Deputy Director of Central In7 telligence for Community Management and sen8 ior collection managers of each of the agencies 

9 under the National Foreign Intelligence Pro10 gram (as defined in section 3(6) of the National 

11 Security Act of 1947 (50 U.S.C. 401a(6)). 

12 ‘‘(d) MEETINGS.—

13 ‘‘(1) IN GENERAL.—The Information Require14 ments Board shall meet regularly at such times and 

15 places as its Chairman may direct. 

16 ‘‘(2) INVITED REPRESENTATIVES.—The chair17 man may invite representatives of Federal agencies 

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

19 the Information Requirements Board.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents of the Homeland Security Act of 2002 is 

22 amended by inserting after the item relating to sec23 tion 103 the following new item:

‘‘104. Homeland Security Information Requirements Board.’’.
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1 SEC. 102. ACCESS TO INFORMATION. 

2 (a) IMPROVEMENTS TO SECURE COMMUNICATIONS

3 AND INFORMATION TECHNOLOGY INFRASTRUCTURE.— 

4 Paragraph (14) of section 201(d) of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 121(d)) is amended by striking 

6 ‘‘in furtherance of the responsibilities under this section, 

7 and to disseminate information acquired and analyzed by 

8 the Department, as appropriate’’ and inserting ‘‘with max9 imum flexibility and speed, in furtherance of the respon10 sibilities under this section, and to ensure the simulta11 neous dissemination of such data and information to all 

12 appropriate personnel’’. 

13 (b) IMPROVEMENT IN ACCESS TO INFORMATION BY

14 DEPARTMENT PERSONNEL.—Subsection (a) of section 

15 202 of such Act (6 U.S.C. 122) is amended by adding 

16 at the end the following new paragraph: 

17 ‘‘(3) UTILIZATION.—Subject to the require18 ments of section 201(d)(12), the Secretary may pro19 vide access to any of the information and materials 

20 described in this subsection to any personnel of the 

21 Department that the Secretary determines requires 

22 such access to discharge duties assigned to such per23 sonnel.’’. 

24 (c) ESTABLISHMENT OF PROCEDURES FOR AUTO25 MATIC AND IMMEDIATE TRANSFER OF INFORMATION TO
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1 THE DEPARTMENT.—Subsection (b) of such section is 

2 amended—

3 (1) by striking ‘‘and’’ at the end of paragraph 

4 (1); 

5 (2) by striking the period at the end of para6 graph (2) and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(3) the Secretary, in consultation with the ap10 propriate Federal Government officials, shall identify 

11 and put into place systems, protocols, and proce12 dures to ensure that appropriate personnel of the 

13 Department are provided access to such information 

14 automatically and immediately.’’. 

15 (d) EFFECT OF PROVISION OF INFORMATION TO THE

16 TERRORIST THREAT INTEGRATION CENTER.—Subsection 

17 (d) of such section is amended by adding at the end the 

18 following new paragraph: 

19 ‘‘(3) OBLIGATION TO SHARE INFORMATION.—

20 Except as otherwise directed by the President or 

21 with the specific written agreement of the Secretary, 

22 no Federal agency or official shall be deemed to have 

23 discharged any obligation to share any information, 

24 report, assessment, or other material, including 

25 unevaluated intelligence information, with the De-
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1 partment solely by virtue of having provided that in2 formation, report, assessment, or other material to 

3 the Terrorist Threat Integration Center or to any 

4 entity that succeeds to any of the functions of the 

5 Terrorist Threat Integration Center.’’. 

6 SEC. 103. HOMELAND SECURITY ADVISORY SYSTEM. 

7 (a) COORDINATION OF ADVISORIES.—Section 

8 201(d)(7) of the Homeland Security Act of 2002 (6 

9 U.S.C. 121(d)(7)) is amended—

10 (1) by striking ‘‘and’’ after the semicolon at the 

11 end of subparagraph (A); 

12 (2) by striking the period at the end of sub13 paragraph (B) and inserting ‘‘; and’’; and 

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

15 ‘‘(C) except as otherwise directed by the 

16 President, coordinating the issuance of home17 land security advisories, warnings, and advice 

18 from other Federal agencies to State and local 

19 government agencies and authorities, the pri20 vate sector, other entities, and the public.’’. 

21 (b) USE OF HOMELAND SECURITY ADVISORY SYS22 TEM.—

23 (1) IN GENERAL.—Subtitle A of title II of the 

24 Homeland Security Act of 2002 (6 U.S.C. 121 et 

25 seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 203. USE OF HOMELAND SECURITY ADVISORY SYS2 TEM. 

3 ‘‘(a) PUBLIC ADVISORIES.—If the Secretary con4 cludes that credible information indicates a potential ter5 rorist threat to the United States that is not or cannot, 

6 on the basis of the information available, be limited to one 

7 or more States, regions, localities, facilities, sites, elements 

8 of the population, critical infrastructure sectors, or public 

9 or private sector activities or events, the Secretary shall, 

10 as appropriate—

11 ‘‘(1) use the Homeland Security Advisory Sys12 tem administered under section 201(d)(7) to inform 

13 the public of the existence and nature of the threat 

14 and to convey information about the risk it poses to 

15 the population and territory of the United States; 

16 ‘‘(2) provide specific unclassified warning infor17 mation and advice about appropriate protective 

18 measures and countermeasures pursuant to section 

19 201(d)(7)(B), to State and local government agen20 cies and authorities, the private sector, other enti21 ties, and the public; and 

22 ‘‘(3) provide specific classified warning informa23 tion and advice about appropriate protective meas24 ures and countermeasures pursuant to section 

25 201(d)(7)(B) to State and local government officials 

26 and individuals in the private sector, who—
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1 ‘‘(A) have the appropriate security clear2 ance; and 

3 ‘‘(B) in the Secretary’s judgment, need to 

4 have access to such information and advice in 

5 order to discharge their homeland security-re6 lated functions. 

7 ‘‘(b) LIMITED ADVISORIES.—If the Secretary con8 cludes that credible information indicates a potential ter9 rorist threat to one or more particular States, regions, lo10 calities, facilities, sites, elements of the population, critical 

11 infrastructure sectors, public or private sector activities or 

12 events, or any combination of the foregoing, the Sec13 retary—

14 ‘‘(1) shall, as appropriate, inform officials of 

15 the affected entities and provide specific warning in16 formation and advice about protective measures and 

17 countermeasures to those officials pursuant to sec18 tion 201(d)(7)(B); and 

19 ‘‘(2) may, in the Secretary’s discretion, issue a 

20 public advisory relating to such threat.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in section 1(b) of such Act is amended by in23 serting after the item relating to section 202 the fol24 lowing:

‘‘203. Use of Homeland Security Advisory System.’’.
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1 SEC. 104. HOMELAND SECURITY INFORMATION SHARING. 

2 (a) ADMINISTRATION OF THE HOMELAND SECURITY

3 INFORMATION NETWORK.—Section 201(d) of the Home4 land Security Act of 2002 (6 U.S.C. 121(d)) is amended 

5 by adding at the end the following new paragraph: 

6 ‘‘(20) To administer the homeland security in7 formation network, including—

8 ‘‘(A) exercising primary responsibility for 

9 creating a secure nationwide real-time home10 land security information sharing network for 

11 Federal, State, and local government agencies 

12 and authorities, the private sector, and other 

13 governmental and private entities involved in 

14 receiving, analyzing, and distributing informa15 tion related to threats to homeland security; 

16 and 

17 ‘‘(B) ensuring that the information sharing 

18 systems, developed in connection with the net19 work created under subparagraph (A), utilize 

20 and are compatible with, to the greatest extent 

21 practicable, Federal, State, and local govern22 ment and private sector antiterrorism systems 

23 and protocols that have been or are being devel24 oped.’’. 

25 (b) COORDINATION OF DISSEMINATION OF INFORMA26 TION TO NON-FEDERAL ENTITIES.—
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1 (1) IN GENERAL.—Section 892 of such Act (6 

2 U.S.C. 482) is amended—

3 (A) by redesignating subsections (f) and 

4 (g) as subsections (g) and (h), respectively; and 

5 (B) by inserting after subsection (e) the 

6 following new subsection (f): 

7 ‘‘(f) REQUIREMENT FOR COORDINATION OF DISSEMI8 NATION OF INFORMATION TO NON-FEDERAL ENTITIES.—

9 ‘‘(1) IN GENERAL.—Except as otherwise di10 rected by the President or with the specific written 

11 agreement of the Secretary, no element of the intel12 ligence community nor any department, agency, or 

13 other entity having Federal law enforcement respon14 sibilities, nor any partnership or joint venture con15 sisting wholly or in part of such entities, shall dis16 seminate its analytic products or conclusions related 

17 to threats to homeland security to State, local, or 

18 private sector officials without the prior approval of 

19 the Secretary, except that the head of such an ele20 ment, department, agency, or other entity may dis21 seminate an analytic product or conclusion without 

22 the Secretary’s approval—

23 ‘‘(A) when and to the extent that exigent 

24 circumstances require that a specific analytic 

25 product or conclusion be disseminated in order 
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1 to prevent, preempt, or disrupt an imminent 

2 threat of death or serious bodily injury or sig3 nificant damage to United States persons, in4 frastructure or other interests; or 

5 ‘‘(B) when it is necessary to share an ana6 lytic product or conclusion with Federal, State, 

7 and local law enforcement officials relating to a 

8 law enforcement activity, if—

9 ‘‘(i) the Department is provided, as 

10 soon as feasible, notice of the potential of 

11 such a communication and is, to the extent 

12 practicable, included in the development of 

13 such communication through the Depart14 ment’s liaison at the headquarters of the 

15 Federal Bureau of Investigation; and 

16 ‘‘(ii) the Secretary must approve any 

17 further dissemination of such analytic 

18 product or conclusion to non-law enforce19 ment State and local officials, the private 

20 sector, or the public. 

21 ‘‘(2) When an analytic product or conclusion is 

22 disseminated pursuant to paragraph (1)(A), the Sec23 retary and the appropriate entities or officials in 

24 other United States Government agencies shall be 

25 notified immediately of that dissemination.’’. 
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1 (2) DEFINITION.—Subsection (g) of such sec2 tion (as redesignated by paragraph (1)(A)) is 

3 amended by adding at the end the following new 

4 paragraph: 

5 ‘‘(5) ANALYTIC PRODUCT OR CONCLUSION.—

6 The term ‘analytic product or conclusion’ means any 

7 product of the analysis of one or more pieces of 

8 homeland security information in which inferences 

9 have been drawn from such information to arrive at 

10 a determination about a fact (including a potential 

11 threat) that was not explicit or apparent on the face 

12 of the information itself, but does not include mere 

13 summaries of homeland security information.’’. 

14 SEC. 105. IAIP PERSONNEL RECRUITMENT. 

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

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

17 following: 

18 ‘‘§ 9702. Recruitment bonuses 

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

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

21 through the Under Secretary for Information Analysis and 

22 Infrastructure Protection, may pay a bonus to an indi23 vidual in order to recruit such individual for a position 

24 that—
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1 ‘‘(1) is within the Directorate for Information 

2 Analysis and Infrastructure Protection; and 

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

4 absence of such a bonus. 

5 ‘‘(b) BONUS AMOUNT.—

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

7 under this section shall be determined under regula8 tions of the Secretary of Homeland Security, but 

9 may not exceed 50 percent of the annual rate of 

10 basic pay of the position involved. 

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

12 section shall be paid in the form of a lump-sum pay13 ment and shall not be considered to be part of basic 

14 pay. 

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

16 paragraph (1), the annual rate of basic pay of a po17 sition does not include any comparability payment 

18 under section 5304 or any similar authority. 

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

20 under this section shall be contingent upon the employee 

21 entering into a written service agreement with the Depart22 ment of Homeland Security. The agreement shall in23 clude—

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

25 required to complete in return for the bonus; and 
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1 ‘‘(2) the conditions under which the agreement 

2 may be terminated before the agreed-upon service 

3 period has been completed, and the effect of the ter4 mination. 

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

6 not be paid to recruit an individual for—

7 ‘‘(1) a position to which an individual is ap8 pointed by the President, by and with the advice and 

9 consent of the Senate; 

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

11 as a noncareer appointee (as defined in section 

12 3132(a)); or 

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

14 the competitive service by reason of its confidential, 

15 policy-determining, policy-making, or policy-advo16 cating character. 

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

18 under this section shall terminate on September 30, 2007. 

19 ‘‘§ 9703. Reemployed annuitants 

20 ‘‘(a) IN GENERAL.—If an annuitant receiving an an21 nuity from the Civil Service Retirement and Disability 

22 Fund becomes employed in a position within the Depart23 ment of Homeland Security, the annuitant’s annuity shall 

24 continue. An annuitant so reemployed shall not be consid25 ered an employee for the purposes of chapter 83 or 84. 
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1 ‘‘(b) APPLICABILITY.—This section shall apply—

2 ‘‘(1) during the 3-year period beginning on the 

3 date of the enactment of this section, to annuitants 

4 holding positions within the Directorate for Informa5 tion Analysis and Infrastructure Protection; and 

6 ‘‘(2) after the end of the 3-year period de7 scribed in paragraph (1), to annuitants holding posi8 tions within such directorate or other parts of the 

9 Department of Homeland Security as the Secretary 

10 of Homeland Security may designate. 

11 ‘‘(c) DEFINITION.—For purposes of this section, the 

12 term ‘annuitant’ has the meaning given such term under 

13 section 8331 or 8401, whichever is appropriate. 

14 ‘‘§ 9704. Regulations 

15 ‘‘The Secretary of Homeland Security, in consulta16 tion with the Director of the Office of Personnel Manage17 ment, may prescribe any regulations necessary to carry 

18 out section 9702 or 9703.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 97 of title 5, United States Code, is amended by add21 ing after the item relating to section 9701 the following:

‘‘9702. Recruitment bonuses. 

‘‘9703. Reemployed annuitants. 

‘‘9704. Regulations.’’.
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1 SEC. 106. PARTICIPATION OF THE DEPARTMENT IN THE 

2 TERRORIST THREAT INTEGRATION CENTER. 

3 (a) ASSIGNMENT OF PERSONNEL.—Section 201(e) of 

4 the Homeland Security Act of 2002 (6 U.S.C. 121(e)) is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(4) ASSIGNMENT OF PERSONNEL TO TTIC.—

8 Personnel of the Department may be assigned to the 

9 Terrorist Threat Integration Center (or any suc10 cessor entity) only for the purpose of performing 

11 analytic functions and related duties.’’. 

12 (b) REPORT ON PARTICIPATION IN TERRORIST

13 THREAT INTEGRATION CENTER.—

14 (1) IN GENERAL.—Not later than one year 

15 after the date of the enactment of this Act, the Sec16 retary of Homeland Security shall submit to each 

17 appropriate congressional committee an unclassified 

18 report that describes in detail the nature and scope 

19 of the participation of the Department of Homeland 

20 Security in, and interaction with, the Terrorist 

21 Threat Integration Center. 

22 (2) CONTENTS.—The report required by para23 graph (1) shall include the following information: 

24 (A) The total funding that has been pro25 vided by the Department to the Center and the 
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1 cost of any personnel, services, or materials the 

2 Department has provided to the Center. 

3 (B) The number, expertise, and employing 

4 component of Department personnel assigned to 

5 the Center. 

6 (C) Any non-Department regulation, policy 

7 or directive that governs the qualifications, job 

8 performance, or conduct of Department per9 sonnel assigned to the Center. 

10 (D) A description of all analytic products 

11 originated by the Center that are routinely dis12 seminated to the Department, including the en13 tities or officials within the Department that 

14 routinely receive such products, and the means 

15 by which such products are disseminated. 

16 (E) A description of how each analytic 

17 product provided to the Department by the 

18 Center is utilized by the Department, including 

19 a specification of which, if any, such products 

20 the Department routinely disseminates to State, 

21 local, or private sector officials. 

22 (3) FORM OF SUBMISSION.—The report re23 quired by this section shall be submitted in unclassi24 fied form, but may include a classified annex. 

25 (4) DEFINITIONS.—In this subsection: 
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1 (A) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Homeland Security. 

3 (B) APPROPRIATE CONGRESSIONAL COM4 MITTEES.—The term ‘‘appropriate congres5 sional committee’’ has the meaning given that 

6 term in section 2(2) of the Homeland Security 

7 Act of 2002 (6 U.S.C. 101(2)). 

8 (C) CENTER.—The term ‘‘Center’’ means 

9 the Terrorist Threat Integration Center. 

10 TITLE II—CYBERSECURITY 

11 SEC. 201. CYBERSECURITY DEFINED. 

12 (a) PAPERWORK REDUCTION ACT.—Section 3502 of 

13 title 44, United States Code, is amended by striking ‘‘and’’ 

14 after the semicolon at the end of paragraph (13), by strik15 ing the period at the end of paragraph (14) and inserting 

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

17 ‘‘(15) (A) the term ‘cybersecurity’ means the 

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

19 restoration of computers, electronic communications 

20 systems, electronic communication services, wire 

21 communications, and electronic communications, in22 cluding information contained therein, to ensure its 

23 availability, integrity, authentication, confidentiality, 

24 and nonrepudiation; and 

25 ‘‘(B) in this paragraph—
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1 ‘‘(i) each of the terms ‘damage’ and 

2 ‘computer’ has the meaning that term has 

3 in section 1030 of title 18, United States 

4 Code; and 

5 ‘‘(ii) each of the terms ‘electronic 

6 communications system’, ‘electronic com7 munication service’, ‘wire communication’, 

8 and ‘electronic communication’ has the 

9 meaning that term has in section 2510 of 

10 title 18, United States Code.’’. 

11 (b) HOMELAND SECURITY ACT OF 2002.—Section 2 

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

13 amended by adding at the end the following: 

14 ‘‘(17)(A) The term ‘cybersecurity’ has the 

15 meaning given that term in section 3502 of title 44, 

16 United States Code, as in effect on the date of the 

17 enactment of the Department of Homeland Security 

18 Authorization Act for Fiscal Year 2005.’’. 

19 SEC. 202. ASSISTANT SECRETARY FOR CYBERSECURITY. 

20 (a) IN GENERAL.—Subtitle A of title II of the Home21 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend22 ed by adding at the end the following: 

23 ‘‘SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY. 

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

25 for Information Analysis and Infrastructure Protection a 
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1 National Cybersecurity Office headed by an Assistant Sec2 retary for Cybersecurity (in this section referred to as the 

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

4 promoting cybersecurity for the Nation. 

5 ‘‘(b) GENERAL AUTHORITY.—The Assistant Sec6 retary, subject to the direction and control of the Sec7 retary, shall have primary authority within the Depart8 ment for all cybersecurity-related critical infrastructure 

9 protection programs of the Department, including with re10 spect to policy formulation and program management. 

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

12 Assistant Secretary shall include the following: 

13 ‘‘(1) To establish and manage—

14 ‘‘(A) a national cybersecurity response sys15 tem that includes the ability to—

16 ‘‘(i) analyze the effect of cybersecurity 

17 threat information on national critical in18 frastructure; and 

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

20 of attacks on, and in the restoration of, 

21 cybersecurity infrastructure in the after22 math of such attacks; 

23 ‘‘(B) a national cybersecurity threat and 

24 vulnerability reduction program that identifies 

25 cybersecurity vulnerabilities that would have a 
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1 national effect on critical infrastructure, per2 forms vulnerability assessments on information 

3 technologies, and coordinates the mitigation of 

4 such vulnerabilities; 

5 ‘‘(C) a national cybersecurity awareness 

6 and training program that promotes 

7 cybersecurity awareness among the public and 

8 the private sectors and promotes cybersecurity 

9 training and education programs; 

10 ‘‘(D) a government cybersecurity program 

11 to coordinate and consult with Federal, State, 

12 and local governments to enhance their 

13 cybersecurity programs; and 

14 ‘‘(E) a national security and international 

15 cybersecurity cooperation program to help fos16 ter Federal efforts to enhance international 

17 cybersecurity awareness and cooperation. 

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

19 the program under paragraph (1) as appropriate, 

20 and to promote cybersecurity information sharing, 

21 vulnerability assessment, and threat warning regard22 ing critical infrastructure. 

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

24 offices within the Department on the cybersecurity 

25 aspects of their missions. 
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1 ‘‘(4) To coordinate with the Under Secretary 

2 for Emergency Preparedness and Response to en3 sure that the National Response Plan developed pur4 suant to section 502(6) of the Homeland Security 

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

6 measures for the recovery of the cybersecurity ele7 ments of critical infrastructure. 

8 ‘‘(5) To develop processes for information shar9 ing with the private sector, consistent with section 

10 214, that—

11 ‘‘(A) promote voluntary cybersecurity best 

12 practices, standards, and benchmarks that are 

13 responsive to rapid technology changes and to 

14 the security needs of critical infrastructure; and 

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

16 and foreign governments and the private sector, 

17 including the insurance industry and auditors. 

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

19 Officer of the Department in establishing a secure 

20 information sharing architecture and information 

21 sharing processes, including with respect to the De22 partment’s operation centers. 

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

24 Task Force of the United States Secret Service on 

25 private sector outreach and information activities. 
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1 ‘‘(8) To consult with the Office for Domestic 

2 Preparedness to ensure that realistic cybersecurity 

3 scenarios are incorporated into tabletop and recovery 

4 exercises. 

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

6 with other Federal agencies on cybersecurity-related 

7 programs, policies, and operations. 

8 ‘‘(10) To consult and coordinate within the De9 partment and, where appropriate, with other rel10 evant Federal agencies, on security of digital control 

11 systems, such as Supervisory Control and Data Ac12 quisition (SCADA) systems. 

13 ‘‘(d) AUTHORITY OVER THE NATIONAL COMMUNICA14 TIONS SYSTEM.—The Assistant Secretary shall have pri15 mary authority within the Department over the National 

16 Communications System.’’. 

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

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

19 end of the items relating to subtitle A of title II the fol20 lowing:

‘‘203. Assistant Secretary for Cybersecurity.’’.

21 TITLE III—SCIENCE AND 

22 TECHNOLOGY 

23 SEC. 301. HOMELAND SECURITY INSTITUTE EXTENSION. 

24 Section 312(g) of the Homeland Security Act of 2002 

25 (6 U.S.C. 192(g)) is amended to read as follows: 
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1 ‘‘(g) TERMINATION.—The Homeland Security Insti2 tute shall terminate 10 years after its establishment.’’. 

3 SEC. 302. SPECIAL ACCESS PROGRAMS. 

4 For the purposes of carrying out the responsibilities 

5 of the Secretary under section 302 of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 182), the Secretary is author7 ized to establish and maintain special access programs as8 sociated with research, development, test and evaluation, 

9 and acquisition of technology or systems. Access to knowl10 edge of such programs shall be strictly limited, and such 

11 programs shall be subject to restricted reporting require12 ments in the manner described in section 119 of title 10, 

13 United States Code. Nothing in this section shall be con14 strued to alter or diminish the effect of section 306(a) of 

15 the Homeland Security Act of 2002 (6 U.S.C. 186(a)). 

16 SEC. 303. HOMELAND SECURITY SCIENCE AND TECH17 NOLOGY ADVISORY COMMITTEE. 

18 Section 311(c)(2) of the Homeland Security Act of 

19 2002 (6 U.S.C. 191(c)(2)) is amended to read as follows: 

20 ‘‘(2) ORIGINAL APPOINTMENTS.—The original 

21 members of the Advisory Committee shall be ap22 pointed to three classes. One class of six shall have 

23 a term of 1 year, one class of seven a term of 2 

24 years, and one class of seven a term of 3 years.’’. 
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1 SEC. 304. ADDITIONAL BUDGET-RELATED SUBMISSIONS. 

2 (a) IN GENERAL.—Beginning in fiscal year 2006, 

3 and annually thereafter, the Secretary of Homeland Secu4 rity shall submit to the Congress budget request informa5 tion for the Directorate of Science and Technology that 

6 includes research portfolio-based budget submissions and 

7 estimated funding summaries for each of—

8 (1) the Office of Research and Development; 

9 (2) the Office of Homeland Security Advanced 

10 Research Projects Agency; 

11 (3) the Office of Systems Engineering Develop12 ment; 

13 (4) the Office of Plans, Programs, and Budget; 

14 and 

15 (5) such other major Directorate components as 

16 the Secretary may establish. 

17 (b) SUBMISSION.—The Secretary shall submit the in18 formation required under subsection (a) at the same time 

19 as the submission of the President’s annual budget re20 quest to the Congress. 

21 SEC. 305. TECHNOLOGY-RELATED SOLICITATIONS, CON22 TRACTS, AND GRANTS. 

23 Not later than 60 days after the end of each fiscal 

24 year, the Under Secretary for Science and Technology 

25 shall transmit to the Congress a summary of the solicita26 tions and resulting contracts and grants awarded by the 
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1 Directorate of Science and Technology in the past fiscal 

2 year, including—

3 (1) a description of each solicitation offered, the 

4 number of proposals received in response to each so5 licitation, and the number of proposals selected for 

6 funding for each solicitation; 

7 (2) a description of the process used for pro8 posal selection in each solicitation, including the role 

9 of peer review; 

10 (3) the status of contract funding with respect 

11 to each selected proposal; 

12 (4) a breakdown of the types of organizations 

13 receiving funding, such as institutions of higher edu14 cation, small businesses, private industry, and non15 profit organizations; and 

16 (5) the number of transactions entered into as 

17 authorized under section 831(a)(1) of the Homeland 

18 Security Act of 2002 (6 U.S.C. 391(a)(1)) and a de19 scription of the benefits of the use of this authority 

20 by the Directorate of Science and Technology. 

21 SEC. 306. HOMELAND SECURITY SCIENCE INVESTMENT. 

22 (a) ASSESSMENT.—The Secretary of Homeland Secu23 rity shall conduct an assessment of—
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1 (1) the development of national capabilities in 

2 homeland security science and technology to address 

3 basic scientific research needs, which shall—

4 (A) identify the most important scientific 

5 and technological challenges and priorities for 

6 homeland security; 

7 (B) assess the extent to which the Depart8 ment of Homeland Security research and devel9 opment agenda is addressing the challenges and 

10 priorities identified under subparagraph (A); 

11 (C) assess whether the Department is ef12 fectively coordinating Federal research and de13 velopment efforts in homeland security, particu14 larly in the areas identified under subparagraph 

15 (A); 

16 (D) assess the extent to which the agenda 

17 of the Department for basic research ensures 

18 that the Nation undertakes appropriate science 

19 investments to meet the long-term homeland se20 curity needs of the Nation, and recommend the 

21 extent to which such investments should be un22 dertaken; and 

23 (E) identify the criteria used for setting 

24 the optimal level of investment in basic re25 search; and 
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1 (2) the methods used by the Directorate of 

2 Science and Technology for the prioritization of 

3 science and technology projects among, and within, 

4 research portfolios, including the selection and exe5 cution of such projects, which shall—

6 (A) evaluate the process by which the Di7 rectorate obtains classified and unclassified 

8 threat and vulnerability information, and how 

9 that information is used to inform decisions on 

10 resource and funding allocations; 

11 (B) evaluate the usefulness of following a 

12 cost/benefit analysis to allocate funding among 

13 those portfolios and Directorate components; 

14 and 

15 (C) evaluate the current methodology for 

16 selecting, funding, and awarding homeland se17 curity science programs at the national labora18 tories and academic institutions, and whether 

19 optimal use of such laboratories and institutions 

20 is being made. 

21 (b) DEADLINE.—Not later than one year after the 

22 date of enactment of this Act, the Secretary shall transmit 

23 to the Congress the findings of the Department’s assess24 ment under subsection (a), including recommendations for 

25 improvements where necessary. 
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1 SEC. 307. CYBERSECURITY TRAINING PROGRAMS AND 

2 EQUIPMENT. 

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

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

7 institutions of higher education (and consortia thereof) 

8 for—

9 (1) the establishment or expansion of 

10 cybersecurity professional development programs; 

11 (2) the establishment or expansion of associate 

12 degree programs in cybersecurity; and 

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

16 (b) ROLES.—

17 (1) DEPARTMENT OF HOMELAND SECURITY.—

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

20 Director of the National Science Foundation, shall 

21 establish the goals for the program established 

22 under this section and the criteria for awarding 

23 grants under the program. 

24 (2) NATIONAL SCIENCE FOUNDATION.—The Di25 rector of the National Science Foundation shall op26 erate the program established under this section 
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•HR 4852 IH 

1 consistent with the goals and criteria established 

2 under paragraph (1), including soliciting applicants, 

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

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

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

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

10 (c) GRANT AWARDS.—

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

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

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

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

18 (3) PREFERENCE.—In making grant awards 

19 under this section, the Director shall give preference 

20 to applications submitted by consortia of institutions 

21 to encourage as many students and professionals as 

22 possible to benefit from this program. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary for car25 rying out this section $3,700,000 for fiscal year 2005. 
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1 (e) DEFINITIONS.—In this section, the term ‘‘institu2 tion of higher education’’ has the meaning given that term 

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

4 (20 U.S.C. 1001(a)). 

5 SEC. 308. JOINT DEVELOPMENT OF COUNTERTERRORISM 

6 AND HOMELAND SECURITY TECHNOLOGIES, 

7 PRODUCTS, AND SERVICES. 

8 (a) AUTHORIZATION.—For the purpose of jointly de9 veloping counterterrorism and homeland security tech10 nologies, products, and services, the Secretary of Home11 land Security may enter into agreements or partnerships 

12 with foreign governments that are allies of the United 

13 States in the war on terrorism and have extensive experi14 ence in counterterrorism activities, including the Govern15 ment of Israel and the Government of the United King16 dom. 

17 (b) FUNDING.—Of the amounts appropriated for pro18 grams administered by the Directorate of Science and 

19 Technology of the Department of Homeland Security for 

20 fiscal year 2005, there is authorized up to $20,000,000 

21 to carry out this section. 

22 SEC. 309. GEOSPATIAL INFORMATION. 

23 (a) COORDINATION OF GEOSPATIAL INFORMATION.—

24 With respect to geospatial technology, and interoperability 
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1 of such technology, the Secretary of Homeland Security 

2 shall—

3 (1) identify the homeland security-related 

4 geospatial information needs of the Department of 

5 Homeland Security; 

6 (2) evaluate the geospatial information gath7 ering activities of the Directorates of the Depart8 ment, and take appropriate actions to enhance infor9 mation sharing, integration, or consolidation with re10 spect to such activities within the Department; 

11 (3) evaluate geospatial technologies, including 

12 information, data, systems, services, hardware, and 

13 software, that are utilized by or available to the De14 partment; 

15 (4) evaluate whether geospatial information col16 lected under projects for which the Department has 

17 provided grant funds is available to the Department; 

18 (5) ensure that the Department is participating 

19 in and coordinating with the Federal Geographic 

20 Data Committee and other similar entities; 

21 (6) identify the homeland security-related 

22 geospatial information that is being collected by 

23 other Federal agencies, and evaluate its usefulness 

24 to the Department; 
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•HR 4852 IH 

1 (7) coordinate geospatial information sharing 

2 processes between the Department and other Fed3 eral, State, and local agencies; and 

4 (8) to the extent practicable, utilize commercial 

5 geospatial data and services to meet the geospatial 

6 information needs of the Department or to supple7 ment the geospatial activities of the Department and 

8 its directorates. 

9 (b) GEOSPATIAL MANAGEMENT OFFICE.—The Sec10 retary of Homeland Security shall establish a Geospatial 

11 Management Office. The head of such office shall be the 

12 Geospatial Information Officer, who shall be responsible 

13 for coordinating the geospatial information activities of 

14 the Department of Homeland Security, with support and 

15 assistance from other Directorates and offices within the 

16 Department. 

17 (c) DEFINED TERMS.—As used in this subsection: 

18 (1) GEOSPATIAL INFORMATION.—The term 

19 ‘‘geospatial information’’ means graphical or digital 

20 data depicting natural or manmade physical fea21 tures, phenomena, or boundaries of the earth and 

22 any information related thereto, including surveys, 

23 maps, charts, remote sensing data, and images. 

24 (2) GEOSPATIAL TECHNOLOGY.—The term 

25 ‘‘geospatial technology’’ means any technology uti-
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1 lized by analysts, specialists, surveyors, 

2 photogrammetrists, hydrographers, geodesists, car3 tographers, architects, or engineers for the collec4 tion, storage, retrieval, or dissemination of 

5 geospatial information, including global satellite sur6 veillance systems, global position systems (GPS), ge7 ographic information systems (GIS), mapping equip8 ment, geocoding technology, and remote sensing de9 vices. 

10 SEC. 310. INTEROPERABLE COMMUNICATIONS. 

11 (a) COORDINATION OF PUBLIC SAFETY INTEROPER12 ABLE COMMUNICATIONS PROGRAMS.—The Secretary of 

13 Homeland Security shall establish a program to enhance 

14 public safety interoperable communications at all levels of 

15 government. Such program shall—

16 (1) establish a comprehensive national approach 

17 to achieving public safety interoperable communica18 tions; 

19 (2) coordinate with other Federal agencies in 

20 carrying out paragraph (1); 

21 (3) develop, in consultation with other appro22 priate Federal agencies and State and local authori23 ties, an appropriate baseline of communications 

24 interoperability for Federal, State, and local public 

25 safety agencies; 
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1 (4) accelerate, in consultation with other Fed2 eral agencies, including the National Institute of 

3 Standards and Technology, the private sector, and 

4 nationally recognized standards organizations as ap5 propriate, the development of national voluntary 

6 consensus standards for public safety interoperable 

7 communications; 

8 (5) encourage the development of flexible and 

9 open architectures, with appropriate levels of secu10 rity, for short-term and long-term solutions to public 

11 safety communications interoperability; 

12 (6) assist other Federal agencies in identifying 

13 priorities for research, development, and testing and 

14 evaluation with regard to public safety interoperable 

15 communications; 

16 (7) identify priorities within the Department for 

17 research, development, and testing and evaluation 

18 with regard to public safety interoperable commu19 nications; 

20 (8) establish coordinated guidance for Federal 

21 grant programs for public safety interoperable com22 munications; 

23 (9) provide technical assistance to State and 

24 local public safety agencies regarding planning, ac25 quisition strategies, interoperability architectures, 
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1 training, and other functions necessary to achieve 

2 public safety communications interoperability; 

3 (10) develop and disseminate best practices to 

4 improve public safety communications interoper5 ability; and 

6 (11) develop appropriate performance measures 

7 and milestones to systematically measure the Na8 tion’s progress towards achieving public safety com9 munications interoperability, including the develop10 ment of national voluntary consensus standards. 

11 (b) OFFICE OF PUBLIC SAFETY INTEROPERABLE

12 COMMUNICATIONS.—

13 (1) ESTABLISHMENT.—The Secretary may es14 tablish an Office of Public Safety Interoperable 

15 Communications to carry out this section. 

16 (2) APPLICABILITY OF FEDERAL ADVISORY

17 COMMITTEE ACT.—The Federal Advisory Committee 

18 Act (5 U.S.C. App.) shall not apply to advisory 

19 groups established and maintained by the Office. 

20 (c) REPORT.—Not later than 120 days after the date 

21 of the enactment of this Act, the Secretary shall report 

22 to the Congress on Department of Homeland Security 

23 plans for accelerating the development of national vol24 untary consensus standards for public safety interoperable 
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•HR 4852 IH 

1 communications, a schedule of milestones for such devel2 opment, and achievements of such development. 

3 SEC. 311. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

4 (a) TRANSFER PROGRAM.—Section 313 of the Home5 land Security Act of 2002 (6 U.S.C. 193) is amended—

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

7 following new paragraph: 

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

9 technology and equipment transfer program to facili10 tate the identification, modification, and commer11 cialization of technology and equipment for use by 

12 Federal, State, and local governmental agencies, 

13 emergency response providers, and the private sec14 tor.’’; 

15 (2) by redesignating subsection (c) as sub16 section (d); and 

17 (3) by inserting after subsection (b) the fol18 lowing new subsection: 

19 ‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In devel20 oping the program described in subsection (b)(6), the Sec21 retary, acting through the Under Secretary for Science 

22 and Technology, shall—

23 ‘‘(1) in consultation with the Under Secretary 

24 for Emergency Preparedness and Response and the 
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1 Director of the Office for Domestic Preparedness, on 

2 an ongoing basis—

3 ‘‘(A) conduct surveys and reviews of avail4 able appropriate technologies that have been de5 veloped, tested, evaluated, or demonstrated by 

6 the Department, other Federal agencies, or the 

7 private sector, and that may be useful in assist8 ing Federal, State, and local governmental 

9 agencies, emergency response providers, or the 

10 private sector to prevent, prepare for, or re11 spond to acts of terrorism; 

12 ‘‘(B) conduct or support tests, evaluations, 

13 or demonstrations as appropriate of tech14 nologies identified under subparagraph (A), in15 cluding any necessary modifications to such 

16 technologies for counterterrorism use; and 

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

18 local governmental agencies, emergency re19 sponse providers, or the private sector the avail20 ability of such technologies for counterterrorism 

21 use; and 

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

23 paragraph (1)—

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

25 emergency response providers; 
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•HR 4852 IH 

1 ‘‘(B) consult with government and nation2 ally recognized standards organizations as ap3 propriate; 

4 ‘‘(C) enter into agreements and coordinate 

5 with other Federal agencies as the Secretary 

6 determines appropriate, in order to maximize 

7 the effectiveness of such technologies or to fa8 cilitate commercialization of such technologies; 

9 and 

10 ‘‘(D) consult with existing technology 

11 transfer programs and Federal and State train12 ing centers that test, evaluate, and transfer 

13 military and other technologies for use by emer14 gency response providers.’’. 

15 (b) REPORT.—Not later than one year after the date 

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

17 and Technology shall transmit to the Congress a descrip18 tion of the progress the Department has made in imple19 menting the provisions of section 313 of the Homeland 

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

21 a description of the process used to review unsolicited pro22 posals received as described in subsection (b)(3) of such 

23 section. 

24 (c) SAVINGS CLAUSE.—Nothing in this section (in25 cluding the amendments made by this section) shall be 
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1 construed to alter or diminish the effect of the limitation 

2 on the authority of the Secretary of Homeland Security 

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

4 2002 (6 U.S.C. 182(4)) with respect to human health-re5 lated research and development activities. 

6 TITLE IV—CRITICAL 

7 INFRASTRUCTURE PROTECTION 

8 SEC. 401. LIBERTY SHIELD AWARD FOR INNOVATION AND 

9 EXCELLENCE IN CRITICAL INFRASTRUCTURE 

10 PROTECTION. 

11 (a) IN GENERAL.—Title II of the Homeland Security 

12 Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding 

13 at the end the following: 

14 ‘‘Subtitle E—Miscellaneous 

15 ‘‘SEC. 251. LIBERTY SHIELD AWARD FOR INNOVATION AND 

16 EXCELLENCE IN CRITICAL INFRASTRUCTURE 

17 PROTECTION. 

18 ‘‘(a) ESTABLISHMENT.—There is hereby established 

19 the Liberty Shield Award for Innovation and Excellence 

20 in Critical Infrastructure Protection, which shall be evi21 denced by a medal of such design, materials, and inscrip22 tions as the Secretary may prescribe. 

23 ‘‘(b) MAKING AND PRESENTATION OF AWARD.—

24 ‘‘(1) IN GENERAL.—The President (on the 

25 basis of recommendations received from the Sec-
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1 retary), or the Secretary, shall periodically make the 

2 award to companies and other organizations that in 

3 the judgment of the President or the Secretary sig4 nificantly enhance the security of critical infrastruc5 ture through implementing innovative solutions, im6 provements, or practices, creating a competitive at7 mosphere for industry to adopt the most comprehen8 sive homeland security solutions and systems, and 

9 that as a consequence are deserving of special rec10 ognition. 

11 ‘‘(2) PRESENTATION.—The presentation of the 

12 award shall be made by the President or the Sec13 retary with such ceremonies as the President or the 

14 Secretary may consider proper. 

15 ‘‘(3) PUBLICATION AND USE OF AWARD.—An 

16 organization to which an award is made under this 

17 section may publicize its receipt of such award and 

18 use the award in its advertising. 

19 ‘‘(4) LIMITATION ON ELIGIBILITY.—An organi20 zation to which an award is made under this section 

21 shall be ineligible to receive another such award in 

22 the same category for a period of 5 years. 

23 ‘‘(c) CATEGORIES OF AWARDS.—

24 ‘‘(1) IN GENERAL.—Subject to paragraphs (2), 

25 (3), and (4), separate awards shall be made to quali-
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1 fying organizations in each of the following cat2 egories: 

3 ‘‘(A) Cyber infrastructure. 

4 ‘‘(B) Physical infrastructure. 

5 ‘‘(C) Human capital. 

6 ‘‘(D) Innovative approaches to infrastruc7 ture independency. 

8 ‘‘(2) MODIFICATION OF CATEGORIES.—The 

9 Secretary may at any time expand, subdivide, or 

10 otherwise modify the list of categories under para11 graph (1), and may establish separate awards for 

12 small businesses, units of government, or other orga13 nizations upon a determination that the objectives of 

14 this section would be better served thereby. 

15 ‘‘(3) LIMITATION ON NUMBER OF AWARDS IN

16 CATEGORY.—Not more than two awards may be 

17 made within any category in any year, unless the 

18 Secretary determines that a third award is merited 

19 due to extraordinary circumstances. 

20 ‘‘(d) CRITERIA FOR QUALIFICATION.—

21 ‘‘(1) IN GENERAL.—An organization may qual22 ify for an award under this section only if it—

23 ‘‘(A) applies to the Secretary, in writing, 

24 for the award; 
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1 ‘‘(B) permits a rigorous evaluation of the 

2 way in which its business and other operations 

3 have implemented innovative solutions, improve4 ments, or practices to secure critical infrastruc5 ture; 

6 ‘‘(C) agrees to share its experience to as7 sist other American organizations improve their 

8 implementation of solutions, improvements, or 

9 practices to secure critical infrastructure; and 

10 ‘‘(D) meets such requirements and speci11 fications as the Secretary, after receiving rec12 ommendations from the board of examiners es13 tablished under paragraph (5), determines to be 

14 appropriate to achieve the objectives of this sec15 tion. 

16 ‘‘(2) EVALUATION BY BOARD OF EXAMINERS.—

17 In applying subparagraph (1)(B) with respect to any 

18 organization, the Secretary shall rely upon an inten19 sive evaluation by a competent board of examiners 

20 that reviews the evidence submitted by the organiza21 tion and, through a site visit, verifies the effective22 ness of and the accuracy of claims regarding the in23 novative solutions, improvements, or practices to se24 cure critical infrastructure. 

25 ‘‘(3) USE OF NONPROFIT ENTITIES.—
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1 ‘‘(A) IN GENERAL.—The Secretary may, 

2 under appropriate contractual arrangements, 

3 carry out the responsibilities under subpara4 graphs (A) and (B) of paragraph (1) through 

5 one or more broad-based nonprofit entities that 

6 are leaders in the field of critical infrastructure 

7 and that have a history of public or government 

8 service. 

9 ‘‘(B) BOARD OF EXAMINERS.—The Sec10 retary shall appoint a board of examiners for 

11 the award, consisting of at least 5 persons se12 lected for their preeminence in the field of in13 frastructure protection. 

14 ‘‘(e) INFORMATION AND TECHNOLOGY TRANSFER

15 PROGRAM.—The Secretary shall ensure that all program 

16 participants receive the complete results of their audits as 

17 well as detailed explanations of all suggestions for im18 provements. The Secretary also shall provide information 

19 about the awards and the successful infrastructure protec20 tion strategies and programs of the award-winning partici21 pants to all participants and other appropriate groups. 

22 ‘‘(f) FUNDING.—The Secretary may seek and accept 

23 gifts from public and private sources to carry out the pro24 gram under this section. If additional sums are needed 

25 to cover the full cost of the program, the Secretary shall 
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1 impose fees upon the organizations applying for the award 

2 in amounts sufficient to provide such additional sums. The 

3 Secretary may use appropriated funds to carry out respon4 sibilities under this Act. 

5 ‘‘(g) SMALL BUSINESS DEFINED.—As used in this 

6 section the term ‘small business’ means a small business 

7 concern as defined in section 2 of Public Law 85–539 (15 

8 U.S.C. 632) and implementing regulations of the Adminis9 trator of the Small Business Administration.’’. 

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

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

12 end of the items relating to title II the following:

‘‘Subtitle E—Miscellaneous 

‘‘251. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection.’’.

13 SEC. 402. SENSE OF CONGRESS REGARDING PRIVATE SEC14 TOR PARTICIPATION IN THE HOMELAND SE15 CURITY OPERATIONS CENTER. 

16 It is the sense of Congress that the Department of 

17 Homeland Security’s Homeland Security Operations Cen18 ter should increase on-site participation of representatives 

19 from the private sector critical infrastructure sectors. 

20 SEC. 403. TREATMENT OF GLOBAL POSITIONING SYSTEM 

21 AS CRITICAL INFRASTRUCTURE. 

22 Section 201(d)(5) of the Homeland Security Act of 

23 2002 (6 U.S.C. 121(d)(5)) is amended by inserting ‘‘the 
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1 civilian Global Positioning System (GPS) infrastructure,’’ 

2 after ‘‘communications systems,’’. 

3 SEC. 404. COORDINATION OF CRITICAL INFRASTRUCTURE 

4 GRANTS. 

5 The Under Secretary for Information Analysis and 

6 Infrastructure Protection and the Director of the Office 

7 for Domestic Preparedness shall coordinate their activities 

8 and develop mechanisms to—

9 (1) ensure that grants related to critical infra10 structure protection are consistent with priorities, 

11 recommendations, and activities of the Under Sec12 retary for Information Analysis and Infrastructure 

13 Protection under section 201(d) of the Homeland 

14 Security Act of 2002 (6 U.S.C. 121(d)); and 

15 (2) track and provide reporting on such grants 

16 by recipient, type of activity funded, and critical in17 frastructure sector addressed. 

18 SEC. 405. CRITICAL INFRASTRUCTURE PROTECTION 

19 AWARENESS. 

20 Within 6 months after the date of the enactment of 

21 this Act, the Secretary of Homeland Security shall develop 

22 and distribute print, video, and interactive critical infra23 structure protection awareness and education materials 

24 for emergency response providers (as that term is defined 

25 in section 2 of the Homeland Security Act of 2002 (6 
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1 U.S.C. 101)) and owners and operators of such infrastruc2 ture, that describe critical infrastructure and its inter3 dependent nature, its implications for local communities, 

4 and resources available for responding to critical infra5 structure catastrophic events. 

6 TITLE V—EMERGENCY 

7 PREPAREDNESS AND RESPONSE 

8 SEC. 501. TERRORISM EXERCISE PROGRAM REQUIRE9 MENTS. 

10 The Secretary of Homeland Security shall ensure 

11 that terrorism preparedness exercises conducted by the 

12 Department of Homeland Security and related informa13 tion and training—

14 (1) enhance coordination and preparedness for 

15 acts of terrorism at all levels of Federal, State, and 

16 local governments and the private sector; 

17 (2) are—

18 (A) multidisciplinary in nature, including, 

19 as appropriate, cybersecurity components; 

20 (B) as realistic as practicable and risk21 based; 

22 (C) evaluated against performance meas23 ures and followed by corrective action to solve 

24 identified deficiencies; and 
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1 (D) assessed to learn best practices, which 

2 shall be shared with appropriate Federal, State, 

3 and local personnel and authorities; and 

4 (3) assist State and local governments with the 

5 implementation of exercises that—

6 (A) conform to the requirements of para7 graph (2); and 

8 (B) are consistent with any applicable 

9 State homeland security strategy or plan. 

10 SEC. 502. GRANT AWARD NOTIFICATION AND DISTRIBU11 TION. 

12 (a) NOTIFICATION.—With respect to any grant 

13 awarded by the Department of Homeland Security to any 

14 local government (as that term is defined in section 2 of 

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

16 Secretary of Homeland Security shall promptly provide 

17 notice of the award of such grant, including the name of 

18 the recipient and the amount of the award, to the appro19 priate State government official. 

20 (b) DISTRIBUTION.—In making any grant targeted 

21 to a high-threat, high-density urban area, the Secretary 

22 shall ensure, to the maximum extent practicable, that such 

23 grants are distributed among the jurisdictions that could 

24 reasonably be expected to provide support to the high-
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1 threat, high-density urban area following an act of ter2 rorism, including interstate jurisdictions. 

3 SEC. 503. MUTUAL AID PROGRAM. 

4 The Secretary of Homeland Security shall establish 

5 a program supporting the development of mutual aid sys6 tems for preparedness for and response to acts of ter7 rorism and other emergencies throughout the Nation, 

8 by—

9 (1) identifying and cataloging existing mutual 

10 aid agreements related to preparedness for and re11 sponse to acts of terrorism and other emergencies at 

12 the State and local levels of government; 

13 (2) disseminating to State and local govern14 ments examples of best practices in the development 

15 of mutual aid agreements and models of existing 

16 mutual aid agreements, including agreements involv17 ing interstate jurisdictions; and 

18 (3) completing an inventory of Federal response 

19 capabilities for acts of terrorism and other emer20 gencies, making such inventory available to appro21 priate Federal, State, and local government officials, 

22 and ensuring that such inventory is as current and 

23 accurate as practicable. 
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1 SEC. 504. NATIONAL PREPAREDNESS GOAL. 

2 (a) DEADLINE.—No later than 120 days after the 

3 date of the enactment of this Act, and consistent with the 

4 provisions of section 505 of the Homeland Security Act 

5 of 2002 (6 U.S.C. 315), the Secretary of Homeland Secu6 rity shall develop and publish a domestic emergency na7 tional preparedness goal, with a particular emphasis on 

8 preparedness for acts of terrorism. 

9 (b) PREPAREDNESS GOAL DEFINED.—The national 

10 preparedness goal shall—

11 (1) establish measurable readiness priorities; 

12 (2) balance the potential threat and magnitude 

13 of acts of terrorism, major disasters, and other 

14 emergencies with the resources required to prevent, 

15 respond to, and recover from them; 

16 (3) include readiness metrics and elements to 

17 measure achievement of the national preparedness 

18 goal; 

19 (4) include standards for preparedness assess20 ments and strategies; and 

21 (5) establish a system for assessing the Na22 tion’s overall preparedness to respond to major 

23 events, especially those involving acts of terrorism. 

24 (c) COORDINATION AND CONSULTATION.—In devel25 oping the national preparedness goal, the Secretary 

26 shall—
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1 (1) coordinate with the heads of other appro2 priate Federal departments and agencies; 

3 (2) consult with State and local governments, 

4 including representatives of a cross section of emer5 gency response provider disciplines; and 

6 (3) consult with national voluntary consensus 

7 standards development organizations. 

8 (d) SUBMISSION.—Upon completion of the national 

9 preparedness goal, the Secretary shall submit to the Con10 gress a description of such goal and the coordination and 

11 consultation process used to develop it under subsection 

12 (c). 

13 SEC. 505. CLARIFICATION OF RESPONSIBILITY FOR INTER14 OPERATIVE COMMUNICATIONS. 

15 (a) UNDER SECRETARY FOR EMERGENCY PRE16 PAREDNESS AND RESPONSE.—Section 502(7) of the 

17 Homeland Security Act of 2002 (6 U.S.C. 312(7)) is 

18 amended—

19 (1) by striking ‘‘developing comprehensive pro20 grams for developing interoperative communications 

21 technology, and’’; and 

22 (2) by striking ‘‘such’’ and inserting ‘‘inter23 operative communications’’. 
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1 (b) OFFICE FOR DOMESTIC PREPAREDNESS.—Sec2 tion 430(c) of such Act (6 U.S.C. 238(c)) is amended to 

3 read as follows: 

4 (1) in paragraph (7) by striking ‘‘and’’ after 

5 the semicolon; 

6 (2) in paragraph (8) by striking the period and 

7 inserting ‘‘; and’’; and 

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

9 ‘‘(9) helping to ensure the acquisition of inter10 operative communication technology by State and 

11 local governments and emergency response pro12 viders.’’. 

13 SEC. 506. NATIONAL BIODEFENSE STRATEGY. 

14 (a) STRATEGY.—

15 (1) IN GENERAL.—Consistent with the provi16 sions of section 505 of the Homeland Security Act 

17 of 2002 (6 U.S.C. 315) and subsections (a) and (b) 

18 of section 304 of such Act (6 U.S.C. 184), the Sec19 retary of Homeland Security, in consultation with 

20 the heads of other appropriate Federal agencies, 

21 shall develop a comprehensive national biodefense 

22 strategy (in this section referred to as the ‘‘bio23 defense strategy’’) for meeting the requirements, re24 sponsibilities, and authorities of the Homeland Secu25 rity Act of 2002 (6 U.S.C. 101 et seq.), including 
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1 sections 201(d)(1), 302(2), and 502(3) of such Act, 

2 with respect to the biodefense mission of the Depart3 ment. 

4 (2) DEADLINES.—The Secretary shall—

5 (A) develop the biodefense strategy not 

6 later than one year after the date of the enact7 ment of this Act; and 

8 (B) regularly update such strategy as nec9 essary, but not less than every four years. 

10 (b) CONTENTS.—The biodefense strategy shall set 

11 forth the following: 

12 (1) The objectives, missions, and priorities, in13 cluding how such objectives, missions, and priorities 

14 were established and will be updated. 

15 (2) A description of the biological threats to 

16 and vulnerabilities of the Nation, including a 

17 prioritization of such threats in terms of risk. 

18 (3) A specification of each Federal agency with 

19 research and development responsibilities regarding 

20 such objectives, missions, and priorities, and a de21 scription of such responsibilities. 

22 (4) A specification of each Federal agency with 

23 other responsibilities regarding such objectives, mis24 sions, and priorities (including surveillance, threat 
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1 and risk analysis, and incident response), and a de2 scription of such responsibilities. 

3 (5) The mechanisms by which coordination 

4 among the Federal agencies described in paragraphs 

5 (3) and (4) will be achieved. 

6 (6) The role of State and local governments and 

7 private sector institutions in the biodefense strategy, 

8 as identified by the Federal agencies described in 

9 paragraphs (3) and (4) with the responsibility and 

10 mission to coordinate and communicate with State 

11 and local governments and private sector institu12 tions. 

13 (7) The mechanisms by which the Federal 

14 agencies referred to in paragraph (6) coordinate and 

15 communicate with State and local governments and 

16 private sector institutions. 

17 (8) Performance benchmarks to measure 

18 progress in achieving the objectives of the biodefense 

19 strategy, including a specification of expected time20 frames for implementation. 

21 (c) OTHER AGENCY RESPONSIBILITIES.—The Sec22 retary shall obtain the concurrence of the relevant Federal 

23 agency head with respect to such other agency’s respon24 sibilities or activities covered by this section. 
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1 (d) SUBMISSION.—Upon its completion, the Sec2 retary shall transmit a copy of the biodefense strategy to 

3 the Congress in an unclassified form with a classified 

4 annex as appropriate. 

5 SEC. 507. NATIONAL STRATEGY TO MITIGATE THE RADIO6 LOGICAL AND NUCLEAR THREAT. 

7 (a) STRATEGY.—

8 (1) IN GENERAL.—Consistent with the provi9 sions of section 505 of the Homeland Security Act 

10 of 2002 (6 U.S.C. 315) and subsections (a) and (b) 

11 of section 304 of such Act (6 U.S.C. 184), the Sec12 retary of Homeland Security, in consultation with 

13 the heads of other appropriate Federal agencies, 

14 shall develop a comprehensive national strategy (in 

15 this section referred to as the ‘‘strategy’’) for meet16 ing the requirements, responsibilities, and authori17 ties of the Department of Homeland Security under 

18 the Homeland Security Act of 2002 (including sec19 tions 201(d)(1), 302(2), and 502(2) and (3) (6 

20 U.S.C. 121(d)(1), 182(2), and 312(2) and (3))) with 

21 respect to mitigating the radiological and nuclear 

22 threat. 

23 (2) DEADLINE.—The Secretary shall develop 

24 the strategy not later than one year after the date 

25 of enactment of this Act. 
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1 (b) CONTENTS.—The strategy shall include—

2 (1) radiological and nuclear mitigation objec3 tives, missions, and priorities, including a descrip4 tion of how they were established and will be up5 dated; 

6 (2) a description of the radiological and nuclear 

7 threats to and vulnerabilities of the Nation, includ8 ing a prioritization of such threats in terms of risk; 

9 (3) a specification of each Federal agency with 

10 research and development responsibilities regarding 

11 such objectives, missions, and priorities, and a de12 scription of such responsibilities; 

13 (4) a specification of each Federal agency with 

14 other responsibilities regarding such objectives, mis15 sions, and priorities (including surveillance, threat 

16 and risk analysis, and incident response), and a de17 scription of such responsibilities; 

18 (5) the mechanisms by which coordination 

19 among the Federal agencies specified in paragraphs 

20 (3) and (4) will be achieved; and 

21 (6) performance benchmarks to measure 

22 progress in achieving the strategy, including a speci23 fication of expected timeframes for implementation. 

24 (c) OTHER AGENCY RESPONSIBILITIES.—The Sec25 retary shall obtain the concurrence of the relevant Federal 
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1 agency head with respect to such other agency’s respon2 sibilities or activities covered by this section. 

3 (d) SUBMISSION.—Upon its completion, the Sec4 retary shall transmit a copy of the strategy to the Con5 gress in an unclassified form, with a classified annex as 

6 appropriate. 

7 TITLE VI—SECURITY ENFORCE8 MENT AND INVESTIGATIONS 

9 SEC. 601. PLAN FOR ENHANCED COORDINATION AND 

10 INTEROPERABILITY OF MARITIME AND AIR11 BORNE HOMELAND SECURITY ASSETS. 

12 (a) IN GENERAL.—Not later than one year after the 

13 date of the enactment of this Act, the Secretary of Home14 land Security shall develop and submit to the appropriate 

15 congressional committees (as that term is defined in sec16 tion 2 of the Homeland Security Act of 2002 (6 U.S.C. 

17 101)) a plan to ensure—

18 (1) coordination of the operational planning and 

19 deployment of the maritime and airborne assets of 

20 the Directorate of Border and Transportation Secu21 rity that are used for homeland security purposes in 

22 order to enhance mission capacity, improve efficiency 

23 of operations, and reduce duplication of efforts; 

24 (2) coordination of the modernization plans of 

25 the assets described in paragraph (1) in order to en-
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1 hance mission capacity, improve efficiency of oper2 ations, and reduce duplication of efforts; 

3 (3) coordination of the maintenance and repair 

4 capacity of the assets described in paragraph (1) in 

5 order to enhance mission capacity, improve efficiency 

6 of operations, and reduce duplication of efforts; 

7 (4) interoperable communication systems 

8 among the Department of Homeland Security’s mar9 itime and airborne assets that are used for homeland 

10 security purposes, to the extent practicable, in order 

11 to enhance mission capacity, improve efficiency of 

12 operations, and reduce duplication of efforts; and 

13 (5) sharing of maritime information relating to 

14 vessels, crew, passengers, cargo, and cargo shippers 

15 among the appropriate elements of the Department 

16 of Homeland Security. 

17 (b) RELATIONSHIP WITH THE COAST GUARD.—To 

18 the extent permitted by section 888 of the Homeland Se19 curity Act of 2002 (6 U.S.C. 468), the plan shall consider 

20 whether there are additional opportunities for enhanced 

21 coordination between the maritime and airborne assets 

22 within the Directorate of Border and Transportation Se23 curity Directorate and those of the Coast Guard. 
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1 SEC. 602. ACCESS TO BORDER AND TRANSPORTATION SE2 CURITY INFORMATION. 

3 The Secretary of Homeland Security shall take any 

4 action necessary and appropriate to ensure—

5 (1) that all appropriate personnel of the Direc6 torate of Border and Transportation Security can 

7 promptly access and receive law enforcement and in8 telligence information contained in all databases uti9 lized by the Directorate; 

10 (2) the prompt transmittal of information be11 tween entities of the Directorate and the Directorate 

12 for Information Analysis and Infrastructure Protec13 tion and any other entity of the Department pre14 scribed by the Secretary; and 

15 (3) that all actions taken under this section are 

16 consistent with the Secretary’s Department-wide ef17 forts to ensure the compatibility of information sys18 tems and databases pursuant to section 102(b)(3) of 

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

20 112(b)(3)). 

21 SEC. 603. COMBINED ENROLLMENT CENTERS FOR EXPE22 DITED INSPECTION PROGRAMS. 

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

24 date of the enactment of this Act, the Secretary of Home25 land Security shall initiate a pilot program under which 

26 the Department shall establish not less than 2 combined 
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1 enrollment centers at locations away from United States 

2 ports of entry for programs that permit participants to 

3 receive expedited inspection at designated ports of entry. 

4 (b) ALLOCATION.—Of the combined enrollment cen5 ters established under subsection (a), at least 1 shall serve 

6 the northern border of the United States and at least 1 

7 shall serve the southern border of the United States. 

8 SEC. 604. EXPEDITED INSPECTION PROGRAM USE AT MUL9 TIPLE PORTS OF ENTRY. 

10 Not later than 18 months after the date of the enact11 ment of this Act, the Secretary of Homeland Security shall 

12 permit individuals holding a valid identification card 

13 issued under a program that permits participants to re14 ceive expedited inspection at designated ports of entry to 

15 use such card at any port of entry at which such program 

16 is operating. 

17 TITLE VII—DEPARTMENTAL 

18 MANAGEMENT AND OPER19 ATIONS 

20 SEC. 701. ASSIGNMENT OF MANAGEMENT RESPONSIBIL21 ITIES TO DEPUTY SECRETARY; ESTABLISH22 MENT OF ADDITIONAL OFFICER. 

23 (a) MANAGEMENT RESPONSIBILITIES.—Section 701 

24 of the Homeland Security Act of 2002 (6 U.S.C. 341) is 

25 amended as follows: 
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1 (1) by striking the heading and inserting the 

2 following: 

3 ‘‘SEC. 701. MANAGEMENT RESPONSIBILITIES.’’. 

4 (2) In subsection (a) by striking ‘‘Under Sec5 retary for Management’’ and inserting ‘‘Deputy Sec6 retary’’. 

7 (3) In subsection (a) by striking paragraph (7), 

8 by redesignating paragraphs (1) through (11) in 

9 order as paragraphs (6) through (14), and by insert10 ing before paragraph (4) (as so redesignated) the 

11 following: 

12 ‘‘(1) Oversight, integration, and coordination of 

13 departmental operations, policies, programs, func14 tions, and systems to promote organizational effec15 tiveness, accountability and efficiency. 

16 ‘‘(2) Strategic planning, development of meas17 urable implementation goals, and establishment of 

18 resource allocation priorities, including preparation 

19 of the annual Future Years Homeland Security Pro20 gram under section 874. 

21 ‘‘(3) Development and tracking of performance 

22 measures and metrics relating to the responsibilities 

23 and missions of the Department. 

24 ‘‘(4) Ensuring effective and timely information 

25 sharing within the Department and between the De-
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1 partment and other Federal agencies, State and 

2 local governments, and the private sector. 

3 ‘‘(5) Establishment of clearly defined roles and 

4 responsibilities within the Department, and between 

5 the Department and other Federal agencies, and en6 suring necessary cooperation between the Depart7 ment and other Federal agencies, State and local 

8 governments, and the private sector.’’. 

9 (4) In subsection (b) by striking ‘‘Under Sec10 retary for Management’’ each place it appears and 

11 inserting ‘‘Deputy Secretary’’. 

12 (b) REPORT.—For each of the first 3 fiscal years be13 ginning after the date of the enactment of this Act, the 

14 Secretary of Homeland Security shall include as part of 

15 the annual program performance report for the Depart16 ment of Homeland Security under section 1116 of title 

17 31, United States Code, a separate, comprehensive review 

18 setting forth the following: 

19 (1) The significant management accomplish20 ments achieved by the Department with respect to 

21 each of the management responsibilities set forth in 

22 section 701 of the Homeland Security Act of 2002 

23 (6 U.S.C. 341). 

24 (2) The significant management challenges 

25 identified by the Secretary with respect to each of 
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1 the management responsibilities set forth in section 

2 701 of the Homeland Security Act of 2002 (6 

3 U.S.C. 341). 

4 (3) Plans and strategies, including the estab5 lishment of performance indicators or performance 

6 goals, to address such significant management chal7 lenges identified by the Secretary. 

8 (4) Plans and strategies, including the estab9 lishment of performance indicators or performance 

10 goals, for achieving integration, consolidation, and 

11 efficiencies in policies, programs, and functions 

12 across the Department. 

13 (c) CHIEF ACQUISITION OFFICER.—Section 103 of 

14 the Homeland Security Act of 2002 (6 U.S.C. 113) is 

15 amended by redesignating subsection (e) as subsection (f), 

16 and by inserting after subsection (d) the following: 

17 ‘‘(e) CHIEF ACQUISITION OFFICER.—There shall be 

18 in the Department a Chief Acquisition Officer as provided 

19 in section 16 of Office of Federal Procurement Policy Act 

20 (41 U.S.C. 414).’’. 

21 (d) CHIEF HUMAN CAPITAL OFFICER.—Section 704 

22 of the Homeland Security Act of 2002 (6 U.S.C. 344) is 

23 amended to read as follows: 
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1 ‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. 

2 ‘‘The Chief Human Capital Officer appointed under 

3 section 103(d)(3) shall report to the Secretary, or to any 

4 other official of the Department, as the Secretary may di5 rect. The Chief Human Capital Officer—

6 ‘‘(1) shall assess the ability of Department per7 sonnel to fulfill the Department’s missions, and 

8 oversee the implementation of effective recruitment 

9 and retention efforts across the Department; 

10 ‘‘(2) shall ensure that all employees of the De11 partment are informed of their rights and remedies 

12 under chapters 12 and 23 of title 5, United States 

13 Code, by—

14 ‘‘(A) participating in the 2302(c) Certifi15 cation Program of the Office of Special Coun16 sel; 

17 ‘‘(B) achieving certification from the Office 

18 of Special Counsel of the Department’s compli19 ance with section 2302(c) of title 5, United 

20 States Code; and 

21 ‘‘(C) informing the Congress of such cer22 tification not later than 24 months after the 

23 date of enactment of this paragraph; and 

24 ‘‘(3) shall perform such other functions as may 

25 be required by law or prescribed by the Secretary.’’. 
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1 (e) ABOLISHMENT OF UNDER SECRETARY FOR MAN2 AGEMENT.—

3 (1) ABOLISHMENT.—Section 103(a) of the 

4 Homeland Security Act of 2002 (6 U.S.C. 113(a)) 

5 is amended by striking paragraph (7), and by redes6 ignating paragraphs (8) and (9) as paragraph (7) 

7 and (8), respectively. 

8 (2) CONTINUED SERVICE.—Notwithstanding 

9 the amendment made by subsection (a), an indi10 vidual serving as Under Secretary for Management 

11 of the Department of Homeland Security imme12 diately before the enactment of this Act may con13 tinue to serve in such role at the discretion of the 

14 Secretary of Homeland Security. 

15 (f) BASIC PAY RATES.—Section 5315 of title 5, 

16 United States Code, is amended by inserting after the 

17 item relating to Chief Information Officer, Department of 

18 Homeland Security, the following: ‘‘Chief Acquisition Offi19 cer, Department of Homeland Security.’’. 

20 SEC. 702. ADDITIONAL BUDGET-RELATED SUBMISSION. 

21 (a) IN GENERAL.—Beginning in fiscal year 2006, 

22 and annually thereafter, the Secretary of Homeland Secu23 rity shall submit to the Congress budget request informa24 tion for the Department of Homeland Security’s informa25 tion technology-related spending that is organized by di-
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1 rectorate and by Department-wide critical mission area, 

2 including the integration of information technology sys3 tems to improve departmental operations, management, 

4 and information sharing. 

5 (b) SUBMISSION.—The Secretary shall submit the in6 formation under subsection (a) at the same time as the 

7 submission of the President’s annual budget request to the 

8 Congress. 

9 SEC. 703. CONGRESSIONAL NOTIFICATION REQUIREMENTS. 

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

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

12 at the end the following: 

13 ‘‘SEC. 104. CONGRESSIONAL NOTIFICATION REQUIRE14 MENTS. 

15 ‘‘(a) IN GENERAL.—The Secretary shall keep each 

16 appropriate congressional committee fully and currently 

17 informed of the Department’s activities, including any sig18 nificant initiative of any directorate, office, or component 

19 of the Department, and any significant failure or material 

20 delay in implementing any initiative for which notification 

21 is required by this subsection. 

22 ‘‘(b) COPIES OF AGREEMENTS, MEMORANDA, AND

23 OTHER INSTRUMENTS.—The Secretary shall provide 

24 promptly to each appropriate congressional committee a 

25 copy of any agreement, memorandum, or other instrument 
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1 that creates or evidences any obligation that is binding 

2 on the Department with respect to any other Federal, 

3 State, or local department, agency, or other entity, or to 

4 any private sector entity, excluding grants, contracts or 

5 cooperative agreements. 

6 ‘‘(c) UNCLASSIFIED VERSIONS OF CLASSIFIED NOTI7 FICATIONS.—

8 ‘‘(1) IN GENERAL.—(A) The Secretary may 

9 submit any notification required under this section 

10 in classified form, if that is necessary in order to 

11 provide the information required by this section. 

12 ‘‘(B) In carrying out subparagraph (A), the 

13 Secretary may submit any classified notification by 

14 delivering it to the premises of any committee of the 

15 House of Representatives or the Senate that the 

16 Speaker of the House or President of the Senate, 

17 has determined to have storage facilities appropriate 

18 for classified material of such type. 

19 ‘‘(2) UNCLASSIFIED NOTIFICATION.—When the 

20 Secretary submits a classified notification pursuant 

21 to paragraph (1), the Secretary shall provide to each 

22 appropriate congressional committee, at the same 

23 time the Secretary provides any classified notifica24 tion to such committees under this section, a notifi25 cation in an unclassified form containing as much of 
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1 the substance of such classified notification as can 

2 be provided in an unclassified format. 

3 ‘‘(3) PROMPT SUBMISSION.—If providing a no4 tification in an unclassified form under paragraph 

5 (2) would delay the Secretary’s submission of the 

6 notification, the Secretary shall submit the unclassi7 fied notification required by paragraph (2) as soon 

8 as practicable after submission of the classified noti9 fication to which it relates. 

10 ‘‘(d) SENSE OF CONGRESS.—Notwithstanding the re11 quirements of subsections (a) through (c), it is the sense 

12 of the Congress that senior officials of the Department 

13 should routinely consult with the appropriate congres14 sional committees prior to adopting any significant initia15 tive to implement the statutory responsibilities of the De16 partment. 

17 ‘‘(e) SIGNIFICANT INITIATIVE DEFINED.—As used in 

18 this section, the term ‘significant initiative’—

19 ‘‘(1) means any new or largely unprecedented 

20 program, activity, or system of the Department or 

21 any significant expansion of an existing program, ac22 tivity, or system, that implements any of the Depart23 ment’s responsibilities under this Act or any other 

24 legally binding mandate; and 
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1 ‘‘(2) includes any agreement, joint venture, or 

2 cooperative arrangement the Department enters into 

3 in order to carry out any aspect of the statutory 

4 mission of the Department, or to provide material 

5 assistance to any other Federal, State, or local gov6 ernment entity in discharging that entity’s homeland 

7 security-related responsibilities.’’. 

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

9 in Section 1(a) of such Act is amended by inserting after 

10 the item relating to section 103 the following:

‘‘104. Congressional notification requirements.’’.

11 TITLE VIII—TECHNICAL COR12 RECTIONS AND MISCELLA13 NEOUS PROVISIONS 

14 SEC. 801. TECHNICAL CORRECTION RELATING TO DEFINI15 TION OF CRITICAL INFRASTRUCTURE INFOR16 MATION. 

17 Section 212(3) of the Homeland Security Act of 2002 

18 (6 U.S.C. 131(3)) is amended in the matter preceding sub19 paragraph (A) by inserting ‘‘, including such information 

20 regarding’’ after ‘‘protected systems’’. 

21 SEC. 802. CLARIFICATION OF PAY LEVEL FOR DIRECTOR 

22 OF BUREAU OF CITIZENSHIP AND IMMIGRA23 TION SERVICES. 

24 Section 451(a)(2) of the Homeland Security Act of 

25 2002 (6 U.S.C. 271(a)(2)) is amended by—
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1 (1) inserting ‘‘and’’ after the semicolon in sub2 paragraph (A); 

3 (2) striking ‘‘; and’’ in subparagraph (B) and 

4 inserting a period; and 

5 (3) striking subparagraph (C). 

6 SEC. 803. DIRECTOR OF UNITED STATES SECRET SERVICE. 

7 (a) DIRECTOR OF THE SECRET SERVICE.—Section 

8 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) 

9 is amended— 

10 (1) by redesignating subsections (d) and (e) as 

11 subsections (e) and (f), respectively; and 

12 (2) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(D) DIRECTOR OF THE SECRET SERV15 ICE.—To assist the Secretary in the perform16 ance of the Secretary’s functions, there is a Di17 rector of the Secret Service, who shall be ap18 pointed by the President, and who shall report 

19 directly to the Secretary.’’. 

20 (b) CONFORMING AMENDMENT.—Subsection (e) of 

21 section 103 of such Act (as redesignated by subsection 

22 (a)(1) of this section) is amended— 

23 (1) by striking paragraph (1); and 

24 (2) by redesignating paragraphs (2) through 

25 (5) as paragraphs (1) through (4), respectively. 
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1 SEC. 804. TECHNICAL CORRECTION RENAMING THE NA2 TIONAL IMAGERY AND MAPPING AGENCY. 

3 Section 201 of the Homeland Security Act of 2002 

4 (6 U.S.C. 121) is amended—

5 (1) in subsection (f)(2)(E), by striking ‘‘Na6 tional Imagery and Mapping Agency’’ and inserting 

7 ‘‘National Geospatial-Intelligence Agency’’; and 

8 (2) in subsection (h), by striking ‘‘401(a)’’ and 

9 inserting ‘‘401a(4)’’. 

10 SEC. 805. NO EFFECT ON AUTHORITY OF INSPECTOR GEN11 ERAL. 

12 Nothing in this Act shall affect the authority of the 

13 Inspector General of the Department of Homeland Secu14 rity under the Inspector General Act of 1978 (5 App. 

15 U.S.C.) to carry out the functions of the Inspector General 

16 under that Act. 

17 TITLE IX—AUTHORIZATION OF 

18 APPROPRIATIONS 

19 SEC. 901. DEPARTMENT OF HOMELAND SECURITY. 

20 There is authorized to be appropriated for the De21 partment of Homeland Security $31,999,941,000 for fis22 cal year 2005. 

23 SEC. 902. DEPARTMENTAL MANAGEMENT AND OPER24 ATIONS. 

25 Of the amount authorized under section 901, there 

26 is authorized for departmental management and oper-
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1 ations, including management and operations of the Office 

2 for State and Local Government Coordination and Pre3 paredness, $4,709,105,000, of which up to $50,000,000 

4 may be appropriated for the Office for Domestic Prepared5 ness for carrying out the purposes of the Metropolitan 

6 Medical Response System. 

7 SEC. 903. INFORMATION ANALYSIS AND INFRASTRUCTURE 

8 PROTECTION. 

9 Of the amount authorized under section 901, there 

10 is authorized for information analysis and infrastructure 

11 protection programs and activities $854,576,000. 

12 SEC. 904. SCIENCE AND TECHNOLOGY. 

13 Of the amount authorized under section 901, there 

14 is authorized for science and technology programs and ac15 tivities $1,132,299,000. 

16 SEC. 905. SECURITY ENFORCEMENT AND INVESTIGATIONS. 

17 Of the amount authorized under section 901, there 

18 is authorized for expenses related to border and transpor19 tation security, immigration, and other security and re20 lated functions, $19,878,365,000. 

21 SEC. 906. EMERGENCY PREPAREDNESS AND RESPONSE. 

22 Of the amount authorized under section 901, there 

23 is authorized for emergency preparedness and response 

24 programs and activities, $5,425,596,000.

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