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(f) RELATIONSHIP TO OTHER LAWS.—(1) Nothing in 
this section affects any statutory or regulatory require-
ment relating to the operation or standards of the pro-
grams described in subsection (b). 
(2) Nothing in this section affects any statutory re-
quirement relating to title III of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (50 U.S.C. 435b 
et seq.). 
Subtitle B—Homeland Security In-
formation Sharing and Analysis 
Enhancement 
SEC. 211. SHORT TITLE. 
This subtitle may be cited as the ‘‘Homeland Security 
Information Sharing and Analysis Enhancement Act of 
2005’’. 
SEC. 212. PROVISION OF TERRORISM-RELATED INFORMA-
TION TO PRIVATE SECTOR OFFICIALS. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is amended by adding at the end the 
following: 
‘‘(20) To require, in consultation with the As-
sistant Secretary for Infrastructure Protection, the 
creation and routine dissemination of analytic re-
ports and products designed to provide timely and 
accurate information that has specific relevance to
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each of the Nation’s private critical infrastructure 
sectors (as identified in the national infrastructure 
protection plan issued under paragraph (5)), to pri-
vate sector officials in each such sector who are re-
sponsible for protecting institutions within that sec-
tor from potential acts of terrorism and for miti-
gating the potential consequences of any such act.’’. 
SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BI-
OLOGICAL AGENTS AND NUCLEAR WEAPONS. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(21) To ensure sufficient analytic expertise 
within the Office of Information Analysis to create, 
on an ongoing basis, products based on the analysis 
of homeland security information, as defined in sec-
tion 892(f)(1), with specific reference to the threat 
of terrorism involving the use of nuclear weapons 
and biological agents to inflict mass casualties or 
other catastrophic consequences on the population or 
territory of the United States.’’.
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SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECU-
RITY INFORMATION. 
(a) REQUIREMENT.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECU-
RITY INFORMATION. 
‘‘The Secretary shall establish within the Department 
a process and assign an individual or entity the responsi-
bility to ensure that, as appropriate, elements of the De-
partment conduct alternative analysis (commonly referred 
to as ‘red-team analysis’) of homeland security informa-
tion, as that term is defined in section 892(f)(1), that re-
lates to potential acts of terrorism involving the use of 
nuclear weapons or biological agents to inflict mass cas-
ualties or other catastrophic consequences on the popu-
lation or territory of the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 202 the following: 
‘‘Sec. 203. Alternative analysis of homeland security information.’’. 
SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND 
INFRASTRUCTURE PROTECTION FUNCTIONS. 
Section 201(b) of the Homeland Security Act of 2002 
(6 U.S.C. 121(b)) is amended by adding at the end the 
following:
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‘‘(4) ASSIGNMENT OF SPECIFIC FUNCTIONS.— 
The Under Secretary for Information Analysis and 
Infrastructure Protection— 
‘‘(A) shall assign to the Assistant Sec-
retary for Information Analysis the responsi-
bility for performing the functions described in 
paragraphs (1), (4), (7) through (14), (16), and 
(18) of subsection (d); 
‘‘(B) shall assign to the Assistant Sec-
retary for Infrastructure Protection the respon-
sibility for performing the functions described 
in paragraphs (2), (5), and (6) of subsection 
(d); 
‘‘(C) shall assign to the Assistant Sec-
retary for Cybersecurity the primary authority 
within the Department over the National Cyber 
Security Division and the National Communica-
tions System, and, in coordination with other 
relevant Federal agencies, the cybersecurity-re-
lated aspects of paragraphs (2), (3), (5), (6), 
(15), and (17) of subsection (d); 
‘‘(D) shall ensure that the Assistant Sec-
retary for Information Analysis and the Assist-
ant Secretary for Infrastructure Protection both
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perform the functions described in paragraphs 
(3), (15), and (17) of subsection (d); and 
‘‘(E) may assign to each such Assistant 
Secretary such other duties relating to such re-
sponsibilities as the Under Secretary may pro-
vide.’’. 
SEC. 
216. 
COORDINATION 
OF 
HOMELAND 
SECURITY 
THREAT ANALYSIS PROVIDED TO NON-FED-
ERAL OFFICIALS. 
(a) IN GENERAL.—Title I of the Homeland Security 
Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 
104. 
COORDINATION 
OF 
HOMELAND 
SECURITY 
THREAT ANALYSIS PROVIDED TO NON-FED-
ERAL OFFICIALS. 
‘‘(a) PRIMARY AUTHORITY.—Except as provided in 
subsection (b), the Secretary shall be responsible for co-
ordinating all homeland security threat analysis to be pro-
vided to State and local government and tribal officials 
and the private sector. 
‘‘(b) COORDINATION REQUIRED.—No Federal official 
may disseminate any homeland security threat analysis to 
State, local, tribal, or private sector officials without the 
coordination of the Secretary or the Secretary’s designee 
except—
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‘‘(1) in exigent circumstances under which it is 
essential that the homeland security threat analysis 
be communicated immediately; or 
‘‘(2) when such homeland security threat anal-
ysis is issued to State, local, or tribal law enforce-
ment officials for the purpose of assisting them in 
any aspect of the administration of criminal justice. 
‘‘(c) DEFINITION.—(1) As used in this section, the 
term ‘homeland security threat analysis’ means any infor-
mational product that is the result of evaluating informa-
tion, regardless of its source, in order to— 
‘‘(A) identify and assess the nature and scope 
of terrorist threats to the homeland; 
‘‘(B) detect and identify threats of terrorism 
against the United States; and 
‘‘(C) understand such threats in light of actual 
and potential vulnerabilities of the territory of the 
United States. 
‘‘(2) As defined in paragraph (1), the term ‘homeland 
security threat analysis’ does not include— 
‘‘(A) any information that has not been proc-
essed, evaluated, or analyzed; 
‘‘(B) any information that is evaluated to create 
any finished analytic product; 
‘‘(C) facts or summaries of facts;
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‘‘(D) reports of interviews; or 
‘‘(E) reports or other documents that merely 
aggregate or summarize information derived from 
multiple sources on the same or related topics.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 103 the following: 
‘‘Sec. 104. Coordination of homeland security threat analysis provided to non- 
Federal officials.’’. 
SEC. 217. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Subtitle A of 
title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.) is further amended by adding at the end the 
following: 
‘‘SEC. 204. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS 
PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a fellowship program in accordance with this 
section for the purpose of bringing State, local, trib-
al, and private sector officials to participate in the 
work of the Homeland Security Operations Center in 
order to become familiar with— 
‘‘(A) the mission and capabilities of that 
Center; and
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‘‘(B) the role, programs, products, and 
personnel of the Office of Information Analysis, 
the Office of Infrastructure Protection, and 
other elements of the Department responsible 
for the integration, analysis, and dissemination 
of homeland security information, as defined in 
section 892(f)(1). 
‘‘(2) PROGRAM
NAME.—The program under 
this section shall be known as the 9/11 Memorial 
Homeland Security Fellows Program. 
‘‘(b) ELIGIBILITY.—In order to be eligible for selec-
tion as a fellow under the program, an individual must— 
‘‘(1) have homeland security-related responsibil-
ities; and 
‘‘(2) possess an appropriate national security 
clearance. 
‘‘(c) LIMITATIONS.—The Secretary— 
‘‘(1) may conduct up to 4 iterations of the pro-
gram each year, each of which shall be 90 days in 
duration; and 
‘‘(2) shall ensure that the number of fellows se-
lected for each iteration does not impede the activi-
ties of the Center. 
‘‘(d) CONDITION.—As a condition of selecting an in-
dividual as a fellow under the program, the Secretary shall
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require that the individual’s employer agree to continue 
to pay the individual’s salary and benefits during the pe-
riod of the fellowship. 
‘‘(e) STIPEND.—During the period of the fellowship 
of an individual under the program, the Secretary shall, 
subject to the availability of appropriations, provide to the 
individual a stipend to cover the individual’s reasonable 
living expenses during the period of the fellowship.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing: 
‘‘Sec. 204. 9/11 Memorial Homeland Security Fellows Program.’’. 
SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED IN-
FORMATION. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(22) To ensure that— 
‘‘(A) the Assistant Secretary for Informa-
tion Analysis receives promptly and without re-
quest all information obtained by any compo-
nent of the Department if that information re-
lates, directly or indirectly, to a threat of ter-
rorism involving the potential use of nuclear 
weapons;
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‘‘(B) such information is— 
‘‘(i) integrated and analyzed com-
prehensively; and 
‘‘(ii) disseminated in a timely manner, 
including to appropriately cleared Federal, 
State, local, tribal, and private sector offi-
cials; and 
‘‘(C) such information is used to determine 
what requests the Department should submit 
for collection of additional information relating 
to that threat.’’. 
SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFOR-
MATION ANALYSIS TO TERRORISM INFORMA-
TION. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(23) To ensure that the Assistant Secretary 
for Information Analysis— 
‘‘(A) is routinely and without request given 
prompt access to all terrorism-related informa-
tion collected by or otherwise in the possession 
of any component of the Department, including 
all homeland security information (as that term 
is defined in section 892(f)(1)); and
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‘‘(B) to the extent technologically feasible 
has direct access to all databases of any compo-
nent of the Department that may contain such 
information.’’. 
SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY 
INFORMATION NETWORK. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(24) To administer the homeland security in-
formation network, including— 
‘‘(A) exercising primary responsibility for 
establishing a secure nationwide real-time 
homeland security information sharing network 
for Federal, State, and local government agen-
cies and authorities, tribal officials, the private 
sector, and other governmental and private en-
tities involved in receiving, analyzing, and dis-
tributing information related to threats to 
homeland security; 
‘‘(B) ensuring that the information sharing 
systems, developed in connection with the net-
work established under subparagraph (A), are 
utilized and are compatible with, to the greatest 
extent practicable, Federal, State, and local
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government, 
tribal, 
and 
private 
sector 
antiterrorism systems and protocols that have 
been or are being developed; and 
‘‘(C) ensuring, to the greatest extent pos-
sible, that the homeland security information 
network and information systems are integrated 
and interoperable with existing private sector 
technologies.’’. 
SEC. 221. IAIP PERSONNEL RECRUITMENT. 
(a) IN GENERAL.—Chapter 97 of title 5, United 
States Code, is amended by adding after section 9701 the 
following: 
‘‘§ 9702. Recruitment bonuses 
‘‘(a) IN GENERAL.—Notwithstanding any provision 
of chapter 57, the Secretary of Homeland Security, acting 
through the Under Secretary for Information Analysis and 
Infrastructure Protection, may pay a bonus to an indi-
vidual in order to recruit such individual for a position 
that is primarily responsible for discharging the analytic 
responsibilities specified in section 201(d) of the Home-
land Security Act of 2002 (6 U.S.C. 121(d)) and that— 
‘‘(1) is within the Directorate for Information 
Analysis and Infrastructure Protection; and 
‘‘(2) would be difficult to fill in the absence of 
such a bonus.
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In determining which individuals are to receive bonuses 
under this section, appropriate consideration shall be given 
to the Directorate’s critical need for linguists. 
‘‘(b) BONUS AMOUNT, FORM, ETC.— 
‘‘(1) IN
GENERAL.—The amount of a bonus 
under this section shall be determined under regula-
tions issued by the Secretary of Homeland Security, 
with the concurrence of the Director of National In-
telligence, but may not exceed 50 percent of the an-
nual rate of basic pay of the position involved. The 
Director of National Intelligence shall concur in 
such regulations only if the amount of the bonus is 
not disproportionate to recruitment bonuses offered 
to intelligence analysts in other intelligence commu-
nity agencies. 
‘‘(2) FORM OF PAYMENT.—A bonus under this 
section shall be paid in the form of a lump-sum pay-
ment and shall not be considered to be part of basic 
pay. 
‘‘(3) COMPUTATION
RULE.—For purposes of 
paragraph (1), the annual rate of basic pay of a po-
sition does not include any comparability payment 
under section 5304 or any similar authority. 
‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus 
under this section shall be contingent upon the employee
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entering into a written service agreement with the Depart-
ment of Homeland Security. The agreement shall in-
clude— 
‘‘(1) the period of service the individual shall be 
required to complete in return for the bonus; and 
‘‘(2) the conditions under which the agreement 
may be terminated before the agreed-upon service 
period has been completed, and the effect of any 
such termination. 
‘‘(d) ELIGIBILITY.—A bonus under this section may 
not be paid to recruit an individual for— 
‘‘(1) a position to which an individual is ap-
pointed by the President, by and with the advice and 
consent of the Senate; 
‘‘(2) a position in the Senior Executive Service 
as a noncareer appointee (as defined under section 
3132(a)); or 
‘‘(3) a position which has been excepted from 
the competitive service by reason of its confidential, 
policy-determining, policy-making, or policy-advo-
cating character. 
‘‘(e) TERMINATION.—The authority to pay bonuses 
under this section shall terminate on September 30, 2008.
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‘‘§ 9703. Reemployed annuitants 
‘‘(a) IN GENERAL.—If an annuitant receiving an an-
nuity from the Civil Service Retirement and Disability 
Fund becomes employed in a position within the Direc-
torate for Information Analysis and Infrastructure Protec-
tion of the Department of Homeland Security, the annu-
itant’s annuity shall continue. An annuitant so reemployed 
shall not be considered an employee for the purposes of 
chapter 83 or 84. 
‘‘(b) TERMINATION.—The exclusion pursuant to this 
section of the Directorate for Information Analysis and 
Infrastructure Protection from the reemployed annuitant 
provisions of chapters 83 and 84 shall terminate 3 years 
after the date of the enactment of this section, unless ex-
tended by the Secretary of Homeland Security. Any such 
extension shall be for a period of 1 year and shall be re-
newable. 
‘‘(c) ANNUITANT DEFINED.—For purposes of this 
section, the term ‘annuitant’ has the meaning given such 
term under section 8331 or 8401, whichever is appro-
priate. 
‘‘§ 9704. Regulations 
‘‘The Secretary of Homeland Security, in consulta-
tion with the Director of the Office of Personnel Manage-
ment, may prescribe any regulations necessary to carry 
out section 9702 or 9703.’’.
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 97 of title 5, United States Code, is amended by add-
ing after the item relating to section 9701 the following: 
‘‘9702. Recruitment bonuses. 
‘‘9703. Reemployed annuitants. 
‘‘9704. Regulations.’’. 
SEC. 222. HOMELAND SECURITY INFORMATION REQUIRE-
MENTS. 
(a) HOMELAND SECURITY INFORMATION REQUIRE-
MENTS.—The Joint Intelligence Community Council shall 
advise the Director of National Intelligence with respect 
to homeland security intelligence requirements. 
(b) DESIGNATION
OF MEMBERS.—The President 
may designate officers of the United States Government 
in addition to the members named in or designated under 
section 101A(b) of the National Security Act to serve on 
the Joint Intelligence Community Council in a capacity 
limited to consideration of homeland security intelligence 
requirements. 
(c) PARTICIPATION
IN NATIONAL INTELLIGENCE 
COLLECTION REQUIREMENTS AND MANAGEMENT PROC-
ESSES.—The Secretary shall be a member of any Director 
of National Intelligence-established interagency collection 
and requirements management board that develops and 
reviews national intelligence collection requirements in re-
sponse to Presidential intelligence guidelines.
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SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 is further amended— 
(1) in section 201(d)(7) (6 U.S.C. 121(d)(7)) 
by inserting ‘‘under section 205’’ after ‘‘System’’; 
and 
(2) by adding at the end the following: 
‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 
‘‘(a) REQUIREMENT.—The Under Secretary for In-
formation Analysis and Infrastructure Protection shall im-
plement a Homeland Security Advisory System in accord-
ance with this section to provide public advisories and 
alerts regarding threats to homeland security, including 
national, regional, local, and economic sector advisories 
and alerts, as appropriate. 
‘‘(b) REQUIRED ELEMENTS.—The Under Secretary, 
under the System— 
‘‘(1) shall include, in each advisory and alert re-
garding a threat, information on appropriate protec-
tive measures and countermeasures that may be 
taken in response to the threat; 
‘‘(2) shall, whenever possible, limit the scope of 
each advisory and alert to a specific region, locality, 
or economic sector believed to be at risk; and 
‘‘(3) shall not, in issuing any advisory or alert, 
use color designations as the exclusive means of
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specifying the homeland security threat conditions 
that are the subject of the advisory or alert. 
‘‘(c) CONSULTATION.—In carrying out this section, 
the Under Secretary shall consult with the Homeland Se-
curity Center of Excellence for Behavioral and Social Re-
search on Terrorism and Counter-Terrorism and with 
such other academic research centers with expertise in risk 
communications as the Under Secretary considers appro-
priate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to subtitle A of title II 
the following: 
‘‘Sec. 205. Homeland Security Advisory System.’’. 
SEC. 224. USE OF OPEN-SOURCE INFORMATION. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(25) To ensure that, whenever possible— 
‘‘(A) the Assistant Secretary for Informa-
tion Analysis utilizes open-source information 
and produces reports and analytic products 
based on such information that do not require 
a national security classification under applica-
ble law; and
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‘‘(B) such unclassified open-source reports 
are produced, to the extent consistent with the 
protection of intelligence sources and methods 
from 
unauthorized 
disclosure, 
contempora-
neously with reports or analytic products con-
cerning the same or similar information that 
the Assistant Secretary for Information Anal-
ysis produces in a classified format.’’. 
SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE IN-
FORMATION. 
(a) REQUIREMENT.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 
is further amended by adding at the end the following: 
‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE IN-
FORMATION. 
‘‘The Under Secretary shall ensure that, in meeting 
their analytic responsibilities under section 201(d) and in 
formulating requirements for collection of additional infor-
mation, the Assistant Secretary for Information Analysis 
and the Assistant Secretary for Infrastructure Protection 
make full and efficient use of open-source information 
wherever possible.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by inserting 
after the item relating to section 205 the following: 
‘‘Sec. 206. Full and efficient use of open-source information.’’.
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SEC. 226. COORDINATION WITH THE INTELLIGENCE COM-
MUNITY. 
Section 201 of the Homeland Security Act of 2002 
(6 U.S.C. 121) is amended by adding at the end the fol-
lowing: 
‘‘(h) COORDINATION WITH THE INTELLIGENCE COM-
MUNITY.—The Under Secretary shall ensure that, as to 
the responsibilities specified in subsection (d), the Assist-
ant Secretary for Information Analysis serves as the offi-
cial responsible for coordinating, as appropriate, with ele-
ments of the intelligence community.’’. 
SEC. 227. CONSISTENCY WITH APPLICABLE FEDERAL LAWS. 
Unless otherwise expressly stated in this subtitle, the 
Secretary of Homeland Security shall ensure that all ac-
tivities carried out under this subtitle are consistent with 
any applicable Federal laws relating to information policy 
of Federal agencies. 
TITLE 
III—DOMESTIC 
PRE-
PAREDNESS 
AND 
PROTEC-
TION 
Subtitle A—Preparedness and 
Protection 
SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM. 
(a) IN GENERAL.—Section 430(c) of the Homeland 
Security Act of 2002 (6 U.S.C. 238) is amended by strik-
ing ‘‘and’’ after the semicolon at the end of paragraph
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(8), by striking the period at the end of paragraph (9) 
and inserting ‘‘; and’’, and by adding at the end the fol-
lowing: 
‘‘(10) designing, developing, performing, and 
evaluating exercises at the national, State, terri-
torial, regional, local, and tribal levels of government 
that incorporate government officials, emergency re-
sponse providers, public safety agencies, the private 
sector, international governments and organizations, 
and other appropriate entities to test the Nation’s 
capability to prevent, prepare for, respond to, and 
recover from threatened or actual acts of ter-
rorism.’’. 
(b) NATIONAL TERRORISM EXERCISE PROGRAM.— 
(1) ESTABLISHMENT OF PROGRAM.—Title VIII 
of the Homeland Security Act of 2002 (Public Law 
107–296) is amended by adding at the end the fol-
lowing new subtitle: 
‘‘Subtitle J—Terrorism 
Preparedness Exercises 
‘‘SEC. 899a. NATIONAL TERRORISM EXERCISE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, through the Of-
fice for Domestic Preparedness, shall establish a National 
Terrorism Exercise Program for the purpose of testing 
and evaluating the Nation’s capabilities to prevent, pre-
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pare for, respond to, and recover from threatened or ac-
tual acts of terrorism that— 
‘‘(1) enhances coordination for terrorism pre-
paredness between all levels of government, emer-
gency response providers, international governments 
and organizations, and the private sector; 
‘‘(2) is— 
‘‘(A) multidisciplinary in nature, including, 
as 
appropriate, 
information 
analysis 
and 
cybersecurity components; 
‘‘(B) as realistic as practicable and based 
on current risk assessments, including credible 
threats, vulnerabilities, and consequences; 
‘‘(C) carried out with the minimum degree 
of notice to involved parties regarding the tim-
ing and details of such exercises, consistent 
with safety considerations; 
‘‘(D) evaluated against performance meas-
ures and followed by corrective action to solve 
identified deficiencies; and 
‘‘(E) assessed to learn best practices, 
which shall be shared with appropriate Federal, 
State, territorial, regional, local, and tribal per-
sonnel, authorities, and training institutions for 
emergency response providers; and
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‘‘(3) assists State, territorial, local, and tribal 
governments with the design, implementation, and 
evaluation of exercises that— 
‘‘(A) conform to the requirements of para-
graph (2); and 
‘‘(B) are consistent with any applicable 
State homeland security strategy or plan. 
‘‘(b) NATIONAL LEVEL EXERCISES.—The Secretary, 
through the National Terrorism Exercise Program, shall 
perform on a periodic basis national terrorism prepared-
ness exercises for the purposes of— 
‘‘(1) involving top officials from Federal, State, 
territorial, local, tribal, and international govern-
ments, as the Secretary considers appropriate; 
‘‘(2) testing and evaluating, in coordination 
with the Attorney General, the Nation’s capability to 
detect, disrupt, and prevent threatened or actual 
catastrophic acts of terrorism, especially those in-
volving weapons of mass destruction; and 
‘‘(3) testing and evaluating the Nation’s readi-
ness to respond to and recover from catastrophic 
acts of terrorism, especially those involving weapons 
of mass destruction. 
‘‘(c) CONSULTATION WITH FIRST RESPONDERS.—In 
implementing the responsibilities described in subsections
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(a) and (b), the Secretary shall consult with a geographic 
(including urban and rural) and substantive cross section 
of governmental and nongovernmental first responder dis-
ciplines, including as appropriate— 
‘‘(1) Federal, State, and local first responder 
training institutions; 
‘‘(2) representatives of emergency response pro-
viders; and 
‘‘(3) State and local officials with an expertise 
in terrorism preparedness.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by add-
ing at the end of the items relating to title VIII the 
following: 
‘‘Subtitle J—Terrorism Preparedness Exercises 
‘‘Sec. 899a. National terrorism exercise program.’’. 
(c) TOPOFF PREVENTION EXERCISE.—No later 
than one year after the date of enactment of this Act, the 
Secretary of Homeland Security shall design and carry out 
a national terrorism prevention exercise for the purposes 
of— 
(1) involving top officials from Federal, State, 
territorial, local, tribal, and international govern-
ments as the Secretary considers appropriate; and
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(2) testing and evaluating, in coordination with 
the Attorney General, the Nation’s capability to de-
tect, disrupt, and prevent threatened or actual cata-
strophic acts of terrorism, especially those involving 
weapons of mass destruction. 
SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 
(a) ESTABLISHMENT OF TECHNOLOGY CLEARING-
HOUSE.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary shall complete the estab-
lishment of the Technology Clearinghouse under section 
313 of the Homeland Security Act of 2002. 
(b) TRANSFER PROGRAM.—Section 313 of the Home-
land Security Act of 2002 (6 U.S.C. 193) is amended— 
(1) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(6) The establishment of a homeland security 
technology transfer program to facilitate the identi-
fication, modification, and commercialization of tech-
nology and equipment for use by Federal, State, and 
local governmental agencies, emergency response 
providers, and the private sector to prevent, prepare 
for, or respond to acts of terrorism.’’; 
(2) by redesignating subsection (c) as sub-
section (e); and
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(3) by inserting after subsection (b) the fol-
lowing new subsections: 
‘‘(c) ELEMENTS OF THE TECHNOLOGY TRANSFER 
PROGRAM.—The activities of the program described in 
subsection (b)(6) shall include— 
‘‘(1) identifying available technologies that have 
been, or are in the process of being, developed, test-
ed, evaluated, or demonstrated by the Department, 
other Federal agencies, the private sector, or foreign 
governments and international organizations, and re-
viewing whether such technologies may be useful in 
assisting Federal, State, and local governmental 
agencies, emergency response providers, or the pri-
vate sector to prevent, prepare for, or respond to 
acts of terrorism; and 
‘‘(2) communicating to Federal, State, and local 
governmental agencies, emergency response pro-
viders, or the private sector the availability of such 
technologies for antiterrorism use, as well as the 
technology’s specifications, satisfaction of appro-
priate standards, and the appropriate grants avail-
able from the Department to purchase such tech-
nologies; 
‘‘(d) RESPONSIBILTIES OF UNDER SECRETARY FOR 
SCIENCE AND TECHNOLOGY.—In support of the activities
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described in subsection (c), the Under Secretary for 
Science and Technology shall— 
‘‘(1) conduct or support, based on the Depart-
ment’s current risk assessments of terrorist threats, 
research, development, demonstrations, tests, and 
evaluations, as appropriate, of technologies identified 
under subparagraph (c)(1), including of any nec-
essary modifications to such technologies for 
antiterrorism use; 
‘‘(2) ensure that the technology transfer activi-
ties throughout the Directorate of Science and Tech-
nology are coordinated, including the technology 
transfer aspects of projects and grants awarded to 
the private sector and academia; 
‘‘(3) consult with the other Under Secretaries 
of the Department and the Director of the Office for 
Domestic Preparedness, on an ongoing basis; 
‘‘(4) consult with Federal, State, and local 
emergency response providers; 
‘‘(5) consult with government agencies and 
standards development organizations as appropriate; 
‘‘(6) enter into agreements and coordinate with 
other Federal agencies, foreign governments, and 
national and international organizations as the Sec-
retary determines appropriate, in order to maximize
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the effectiveness of such technologies or to facilitate 
commercialization of such technologies; 
‘‘(7) consult with existing technology transfer 
programs and Federal and State training centers 
that research, develop, test, evaluate, and transfer 
military and other technologies for use by emergency 
response providers; and 
‘‘(8) establish a working group in coordination 
with the Secretary of Defense to advise and assist 
the technology clearinghouse in the identification of 
military technologies that are in the process of being 
developed, or are developed, by the Department of 
Defense or the private sector, which may include— 
‘‘(A) representatives from the Department 
of Defense or retired military officers; 
‘‘(B) nongovernmental organizations or 
private companies that are engaged in the re-
search, development, testing, or evaluation of 
related technologies or that have demonstrated 
prior experience and success in searching for 
and identifying technologies for Federal agen-
cies; 
‘‘(C) Federal, State, and local emergency 
response providers; and
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‘‘(D) to the extent the Secretary considers 
appropriate, other organizations, other inter-
ested Federal, State, and local agencies, and 
other interested persons.’’. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Under Secretary for Science 
and Technology shall transmit to the appropriate congres-
sional committees a description of the progress the De-
partment has made in implementing the provisions of sec-
tion 313 of the Homeland Security Act of 2002, as amend-
ed by this Act, including a description of the process used 
to review unsolicited proposals received as described in 
subsection (b)(3) of such section. 
(d) SAVINGS CLAUSE.—Nothing in this section (in-
cluding the amendments made by this section) shall be 
construed to alter or diminish the effect of the limitation 
on the authority of the Secretary of Homeland Security 
under section 302(4) of the Homeland Security Act of 
2002 (6 U.S.C. 182(4)) with respect to human health-re-
lated research and development activities. 
SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS. 
(a) STUDY.—The Secretary of Homeland Security 
shall conduct a study of all Department of Homeland Se-
curity procurements, including ongoing procurements and 
anticipated procurements, to—
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(1) identify those that involve any product, 
equipment, service (including support services), de-
vice, or technology (including information tech-
nology) that is being designed, developed, modified, 
or procured for the specific purpose of preventing, 
detecting, identifying, or deterring acts of terrorism 
or limiting the harm such acts might otherwise 
cause; and 
(2) assess whether such product, equipment, 
service (including support services), device, or tech-
nology is an appropriate candidate for the litigation 
and risk management protections of subtitle G of 
title VIII of the Homeland Security Act of 2002. 
(b) SUMMARY AND CLASSIFICATION REPORT.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary shall transmit to the Congress a re-
port— 
(1) describing each product, equipment, service 
(including support services), device, and technology 
identified under subsection (a) that the Secretary 
believes would be an appropriate candidate for the 
litigation and risk management protections of sub-
title G of title VIII of the Homeland Security Act 
of 2002;
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(2) listing each such product, equipment, serv-
ice (including support services), device, and tech-
nology in order of priority for deployment in accord-
ance with current terrorism risk assessment infor-
mation; and 
(3) setting forth specific actions taken, or to be 
taken, to encourage or require persons or entities 
that sell or otherwise provide such products, equip-
ment, services (including support services), devices, 
and technologies to apply for the litigation and risk 
management protections of subtitle G of title VIII of 
the Homeland Security Act of 2002, and to ensure 
prioritization of the Department’s review of such 
products, equipment, services, devices, and tech-
nologies under such Act in accordance with the 
prioritization set forth in paragraph (2) of this sub-
section. 
SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECU-
RITY. 
The Secretary of Homeland Security shall establish 
a university-based Center of Excellence for Border Secu-
rity following the merit-review processes and procedures 
and other limitations that have been established for select-
ing and supporting University Programs Centers of Excel-
lence. The Center shall prioritize its activities on the basis
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of risk to address the most significant threats, 
vulnerabilities, and consequences posed by the Nation’s 
borders and border control systems. The activities should 
include the conduct of research, the examination of exist-
ing and emerging border security technology and systems, 
and the provision of education, technical, and analytical 
assistance for the Department of Homeland Security to 
effectively secure the Nation’s borders. 
SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER 
SECURITY INITIATIVE (CSI). 
(a) DESIGNATION OF NEW FOREIGN SEAPORTS.— 
The Secretary of Homeland Security may designate a for-
eign seaport as a participating seaport in the Container 
Security Initiative program on or after the date of the en-
actment of this Act if the Secretary— 
(1) determines, based on a foreign port assess-
ment carried out under section 70108(a) of title 46, 
United States Code, or such other risk assessment 
that the Secretary may perform, and a cost-benefit 
analysis, that the benefits of designating such sea-
port as a participating seaport outweigh the cost of 
expanding the program to such seaport; and 
(2) enters into an agreement with the foreign 
government of such seaport, in consultation with the
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Department of State and other appropriate Federal 
agencies to— 
(A) establish security criteria to identify 
the potential compromise by terrorists or ter-
rorist weapons of maritime cargo containers 
bound for the United States based on advance 
information; and 
(B) screen or inspect such maritime cargo 
containers for potential compromise by terror-
ists or terrorist weapons prior to shipment to 
the United States. 
(b) DEPLOYMENT OF INSPECTION EQUIPMENT TO 
NEW CSI PARTICIPATING SEAPORTS.— 
(1) DEPLOYMENT.—The Secretary may— 
(A) loan or otherwise provide nonintrusive 
inspection equipment for maritime cargo con-
tainers, on a nonreimbursable basis, at a sea-
port designated under subsection(a); and 
(B) provide training for personnel at a sea-
port designated under subsection (a) to operate 
the nonintrusive inspection equipment. 
(2) ADDITIONAL REQUIREMENTS.— 
(A) CAPABILITY REQUIREMENTS AND OP-
ERATING
PROCEDURES.—The Secretary shall 
establish technical capability requirements and
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standard operating procedures for nonintrusive 
inspection equipment described in paragraph 
(1), consistent with any standards established 
by the Secretary under section 70116 of title 46 
United States Code. 
(B) AGREEMENT
REQUIRED.—The Sec-
retary shall require each CSI port to agree to 
operate such equipment in accordance with re-
quirements and procedures established under 
subparagraph (A) as a condition for receiving 
the equipment and training under paragraph 
(1). 
(c) DEPLOYMENT
OF PERSONNEL
TO NEW CSI 
PORTS; REEVALUATION
OF PERSONNEL
AT ALL CSI 
PORTS.— 
(1) DEPLOYMENT.—The Secretary shall deploy 
United States Customs and Border Protection per-
sonnel to each seaport designated under subsection 
(a) with respect to which the Secretary determines 
that the deployment is necessary to successfully im-
plement the requirements of CSI at the port. 
(2) REEVALUATION.—The Secretary shall peri-
odically review relevant risk assessment information 
with respect to each seaport at which personnel are 
deployed under paragraph (1) to assess whether or
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not continued deployment of such personnel, in 
whole or in part, is necessary to success fully imple-
ment the requirements of CSI at the port. 
(d) INSPECTION
AND
SCREENING
AT
UNITED 
STATES PORTS OF ENTRY.—Cargo containers arriving at 
a United States port of entry from a CSI port shall under-
go the same level of inspection and screening for potential 
compromise by terrorists or terrorist weapons as cargo 
containers arriving at a United States port of entry from 
a foreign seaport that is not participating in CSI unless 
the containers were initially inspected at the CSI port at 
the request of personnel deployed under subsection (c) and 
such personnel verify and electronically record that the in-
spection indicates that the containers have not been com-
promised by terrorists or terrorist weapons. 
SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS. 
(a) STANDARDS AND REGULATIONS.— 
(1) STANDARDS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall establish stand-
ards and procedures for securing maritime cargo 
containers relating to obligation to seal, recording of 
seal changes, modal changes, seal placement, ocean 
carrier seal verification, and addressing seal anoma-
lies. These standards shall include the standards for
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seals and locks as required under paragraph (3) of 
subsection (b) of section 70116 of title 46, United 
States Code. 
(2) REGULATIONS.—No later than 90 days 
after completion of the requirements in subsection 
(a), the Secretary of Homeland Security shall issue 
regulations for the security of maritime cargo con-
tainers consistent with the standards developed in 
subsection (a). 
(b) INTERNATIONAL AGREEMENTS.—The Secretary, 
in consultation with the Department of State, Department 
of Commerce, Department of Treasury, Office of the 
United States Trade Representative, and other appro-
priate Federal agencies, shall seek to enter into agree-
ments with foreign countries and international organiza-
tions to establish standards for the security of maritime 
cargo containers moving within the intermodal transpor-
tation system that, to the maximum extent practicable, 
meet the requirements of subsection (a). 
(c) CONTAINER TARGETING STRATEGY.—The Sec-
retary shall develop a strategy to improve the ability of 
the Department of Homeland Security to use advance 
cargo information to identify anomalies in such informa-
tion to determine whether such cargo poses a security risk. 
The strategy shall include a method of contacting shippers
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to verify or explain any anomalies discovered in such infor-
mation. 
(d) CONTAINER SECURITY DEMONSTRATION PRO-
GRAM.— 
(1) PROGRAM.—The Secretary is authorized to 
establish and carry out a demonstration program 
that integrates radiation detection equipment with 
other types of nonintrusive inspection equipment at 
an appropriate United States seaport, as determined 
by the Secretary. 
(2) REQUIREMENT.—The demonstration pro-
gram shall also evaluate ways to strengthen the ca-
pability of Department of Homeland Security per-
sonnel to analyze cargo inspection data and ways to 
improve the transmission of inspection data between 
appropriate entities within the Department of 
Homeland Security. 
(e) COORDINATION AND CONSOLIDATION OF CON-
TAINER SECURITY PROGRAMS.—The Secretary shall co-
ordinate all programs that enhance the security of mari-
time cargo, and, to the extent practicable, consolidate Op-
eration Safe Commerce, the Smart Box Initiative, and 
similar programs that evaluate security enhancements for 
maritime cargo containers, to achieve enhanced coordina-
tion and efficiency. The Secretary shall report to the ap-
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propriate congressional committees (as that term is de-
fined in section 2 of the Homeland Security Act of 2002 
(6 U.S.C. 101) before consolidating any program men-
tioned in this subsection. 
SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT 
RONALD REAGAN WASHINGTON NATIONAL 
AIRPORT. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall im-
plement section 823(a) of the Vision 100—Century of 
Aviation Reauthorization Act (49 U.S.C. 41718 note; 117 
Stat. 2595). 
SEC. 
308. 
INTEROPERABLE 
COMMUNICATIONS 
ASSIST-
ANCE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The 9/11 Commission determined that the 
inability of first responders to communicate effec-
tively on September 11, 2001 was a critical obstacle 
to an effective multi-jurisdictional response. 
(2) Many jurisdictions across the country still 
experience difficulties communicating that may con-
tribute to confusion, delays, or added risks when re-
sponding to an emergency. 
(3) During fiscal year 2004, the Office for Do-
mestic Preparedness awarded over $834,000,000 for
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2,912 projects through Department of Homeland 
Security grant programs for the purposes of improv-
ing communications interoperability. 
(4) Interoperable communications systems are 
most effective when designed to comprehensively ad-
dress, on a regional basis, the communications of all 
types of public safety agencies, first responder dis-
ciplines, and State and local government facilities. 
(5) Achieving communications interoperability 
is complex due to the extensive training, system 
modifications, and agreements among the different 
jurisdictions that are necessary to implement effec-
tive communications systems. 
(6) The Congress authorized the Department of 
Homeland Security to create an Office for Interoper-
ability and Compatibility in the Intelligence Reform 
and Terrorism Prevention Act of 2004 to, among 
other things, establish a comprehensive national ap-
proach, coordinate federal activities, accelerate the 
adoption of standards, and encourage research and 
development to achieve interoperable communica-
tions for first responders. 
(7) The Office for Interoperability and Compat-
ibility includes the SAFECOM Program that serves 
as the umbrella program within the Federal govern-
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ment to improve public safety communications inter-
operability, and has developed the RAPIDCOM pro-
gram, the Statewide Communications Interoper-
ability Planning Methodology, and a Statement of 
Requirements to provide technical, planning, and 
purchasing assistance for Federal departments and 
agencies, State and local governments, and first re-
sponders. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that the Department of Homeland Security 
should implement as expeditiously as possible the initia-
tives assigned to the Office for Interoperability and Com-
patibility under section 7303 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (6 U.S.C. 194), 
including specifically the following: 
(1) Establishing a comprehensive national ap-
proach to achieving public safety interoperable com-
munications. 
(2) Issuing letters of intent to commit future 
funds for jurisdictions through existing homeland se-
curity grant programs to applicants as appropriate 
to encourage long-term investments that may signifi-
cantly improve communications interoperability. 
(3) Providing technical assistance to additional 
urban and other high-risk areas to support the es-
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tablishment of consistent, secure, and effective inter-
operable communications capabilities. 
(4) Completing the report to the Congress on 
the Department’s plans for accelerating the develop-
ment of national voluntary consensus standards for 
public safety interoperable communications, a sched-
ule of milestones for such development, and achieve-
ments of such development, by no later than 30 days 
after the date of enactment of this Act. 
SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF 
RECOMMENDATIONS 
REGARDING 
PROTEC-
TION OF AGRICULTURE. 
The Secretary of Homeland Security shall report to 
the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) by no later than 120 days after the date of the en-
actment of this Act regarding how the Department of 
Homeland Security will implement the applicable rec-
ommendations from the Government Accountability Office 
report entitled ‘‘Homeland Security: Much is Being Done 
to Protect Agriculture from a Terrorist Attack, but Impor-
tant Challenges Remain’’ (GAO–05–214).
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SEC. 310. COMMERCIAL FLIGHTS TO AND FROM RONALD 
REAGAN WASHINGTON NATIONAL AIRPORT. 
(a) PASSENGER
SEATING
REQUIREMENTS.—Pas-
sengers on commercial flights arriving at and departing 
from Ronald Reagan Washington National Airport shall 
remain seated for 15 minutes after takeoff from and be-
fore touchdown at that airport. 
(b) VIOLATIONS.—If a passenger violates the require-
ments of subsection (a), the captain of the aircraft shall 
determine if the passenger’s actions present a security 
threat to other passengers or the aircraft. Only if the cap-
tain determines that the passenger’s actions present such 
a threat shall a flight be diverted to a destination other 
than Ronald Reagan Washington National Airport. 
(c) REGULATIONS.—Notwithstanding subsection (a), 
the Secretary of Homeland Security may issue regulations 
to decrease the time limit set forth in subsection (a). 
SEC. 310A. FEDERAL FLIGHT DECK OFFICERS. 
(a) TRAINING AND REQUALIFICATION TRAINING.— 
Section 44921(c) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(3) LOCATION OF TRAINING.— 
‘‘(A) STUDY.—The Secretary shall conduct 
a study of the feasibility of conducting Federal 
flight deck officer initial training at facilities lo-
cated throughout the United States, including
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an analysis of any associated programmatic im-
pacts to the Federal flight deck officer pro-
gram. 
‘‘(B) REPORT.—Not later than 180 days 
after the date of enactment of this paragraph, 
the Secretary shall transmit to Congress a re-
port on the results of the study. 
‘‘(4) DATES OF TRAINING.—The Secretary shall 
ensure that a pilot who is eligible to receive Federal 
flight deck officer training is offered, to the max-
imum extent practicable, a choice of training dates 
and is provided at least 30 days advance notice of 
the dates. 
‘‘(5) TRAVEL TO TRAINING FACILITIES.—The 
Secretary shall establish a program to improve travel 
access to Federal flight deck officer training facili-
ties through the use of charter flights or improved 
scheduled air carrier service. 
‘‘(6) 
REQUALIFICATION
AND
RECURRENT 
TRAINING.— 
‘‘(A) STANDARDS.—The Secretary shall es-
tablish qualification standards for facilities 
where Federal flight deck officers can receive 
requalification and recurrent training.
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‘‘(B) LOCATIONS.—The Secretary shall 
provide for requalification and recurrent train-
ing at geographically diverse facilities, including 
Federal, State, and local law enforcement and 
government facilities, and private training fa-
cilities that meet the qualification standards es-
tablished under subparagraph (A). 
‘‘(7) COSTS OF TRAINING.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide Federal flight deck officer training, re-
qualification training, and recurrent training to 
eligible pilots at no cost to the pilots or the air 
carriers that employ the pilots. 
‘‘(B) TRANSPORTATION AND EXPENSES.— 
The Secretary may provide travel expenses to a 
pilot receiving Federal flight deck officer train-
ing, requalification training, or recurrent train-
ing. 
‘‘(8) COMMUNICATIONS.—Not later than 180 
days after the date of enactment of this paragraph, 
the Secretary shall establish a secure means for per-
sonnel of the Transportation Security Administra-
tion to communicate with Federal flight deck offi-
cers, and for Federal flight deck officers to commu-
nicate with each other, in support of the mission of
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such officers. Such means of communication may in-
clude a secure Internet website. 
‘‘(9) ISSUANCE
OF
BADGES.—Not later than 
180 days after the date of enactment of this para-
graph, the Secretary shall issue badges to Federal 
flight deck officers.’’. 
(b) REVOCATION OF DEPUTIZATION OF PILOT AS 
FEDERAL FLIGHT DECK OFFICER.—Section 44921(d)(4) 
of title 49, United States Code, is amended to read as 
follows: 
‘‘(4) REVOCATION.— 
‘‘(A) ORDERS.—The Assistant Secretary of 
Homeland Security (Transportation Security 
Administration) may issue, for good cause, an 
order revoking the deputization of a Federal 
flight deck officer under this section. The order 
shall include the specific reasons for the revoca-
tion. 
‘‘(B) HEARINGS.—An individual who is ad-
versely affected by an order of the Assistant 
Secretary under subparagraph (A) is entitled to 
a hearing on the record. When conducting a 
hearing under this section, the administrative 
law judge shall not be bound by findings of fact
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or interpretations of laws and regulations of the 
Assistant Secretary. 
‘‘(C) APPEALS.—An appeal from a deci-
sion of an administrative law judge as a result 
of a hearing under subparagraph (B) shall be 
made to the Secretary or the Secretary’s des-
ignee. 
‘‘(D) JUDICIAL
REVIEW
OF
A
FINAL 
ORDER.—The determination and order of the 
Secretary revoking the deputization of a Fed-
eral flight deck officer under this section shall 
be final and conclusive unless the individual 
against whom such an order is issued files an 
application for judicial review under subchapter 
II of chapter 5 of title 5 (popularly known as 
the Administrative Procedure Act) within 60 
days of entry of such order in the appropriate 
United States court of appeals.’’. 
(c) FEDERAL FLIGHT DECK OFFICER FIREARM CAR-
RIAGE PILOT PROGRAM.—Section 44921(f) of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘(4) PILOT PROGRAM.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date of enactment of this para-
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graph, the Secretary shall implement a pilot 
program to allow pilots participating in the 
Federal flight deck officer program to transport 
their firearms on their persons. The Secretary 
may prescribe any training, equipment, or pro-
cedures that the Secretary determines necessary 
to ensure safety and maximize weapon reten-
tion. 
‘‘(B) REVIEW.—Not later than 1 year 
after the date of initiation of the pilot program, 
the Secretary shall conduct a review of the safe-
ty record of the pilot program and transmit a 
report on the results of the review to Congress. 
‘‘(C) OPTION.—If the Secretary as part of 
the review under subparagraph (B) determines 
that the safety level obtained under the pilot 
program is comparable to the safety level deter-
mined under existing methods of pilots carrying 
firearms on aircraft, the Secretary shall allow 
all pilots participating in the Federal flight 
deck officer program the option of carrying 
their firearm on their person subject to such re-
quirements as the Secretary determines appro-
priate.’’.
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(d) FEDERAL FLIGHT DECK OFFICERS ON INTER-
NATIONAL FLIGHTS.— 
(1) AGREEMENTS
WITH
FOREIGN
GOVERN-
MENTS.—The President is encouraged to pursue ag-
gressively agreements with foreign governments to 
allow maximum deployment of Federal flight deck 
officers on international flights. 
(2) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the President (or 
the President’s designee) shall submit to Congress a 
report on the status of the President’s efforts to 
allow maximum deployment of Federal flight deck 
officers on international flights. 
(e) REFERENCES TO UNDER SECRETARY.—Section 
44921 of title 49, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting 
‘‘Secretary of Homeland Security’’; 
(2) by striking ‘‘Under Secretary’’ each place it 
appears and inserting ‘‘Secretary’’; and 
(3) by striking ‘‘Under Secretary’s’’ each place 
it appears and inserting ‘‘Secretary’s’’.
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Subtitle B—Department of Home-
land Security Cybersecurity En-
hancement 
SEC. 311. SHORT TITLE. 
This subtitle may be cited as the ‘‘Department of 
Homeland Security Cybersecurity Enhancement Act of 
2005’’. 
SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY. 
Section 201(b) of the Homeland Security Act of 2002 
(6 U.S.C. 121(b)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) 
ASSISTANT
SECRETARY
FOR 
CYBERSECURITY.—There shall be in the Department 
an Assistant Secretary for Cybersecurity, who shall 
be appointed by the President.’’; and 
(3) in paragraph (4), as redesignated by sub-
paragraph (A) of this paragraph— 
(A) by striking ‘‘Analysis and the’’ and in-
serting ‘‘Analysis, the’’; and 
(B) by striking ‘‘Protection shall’’ and in-
serting ‘‘Protection, and the Assistant Sec-
retary for Cybersecurity shall’’.
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SEC. 313. CYBERSECURITY TRAINING PROGRAMS AND 
EQUIPMENT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, 
acting 
through 
the 
Assistant 
Secretary 
for 
Cybersecurity, may establish, in conjunction with the Na-
tional Science Foundation, a program to award grants to 
institutions of higher education (and consortia thereof) 
for— 
(1) 
the 
establishment 
or 
expansion 
of 
cybersecurity professional development programs; 
(2) the establishment or expansion of associate 
degree programs in cybersecurity; and 
(3) the purchase of equipment to provide train-
ing in cybersecurity for either professional develop-
ment programs or degree programs. 
(b) ROLES.— 
(1) DEPARTMENT OF HOMELAND SECURITY.— 
The Secretary, acting through the Assistant Sec-
retary for Cybersecurity and in consultation with the 
Director of the National Science Foundation, shall 
establish the goals for the program established 
under this section and the criteria for awarding 
grants under the program. 
(2) NATIONAL SCIENCE FOUNDATION.—The Di-
rector of the National Science Foundation shall op-
erate the program established under this section
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consistent with the goals and criteria established 
under paragraph (1), including soliciting applicants, 
reviewing applications, and making and admin-
istering grant awards. The Director may consult 
with the Assistant Secretary for Cybersecurity in se-
lecting awardees. 
(3) FUNDING.—The Secretary shall transfer to 
the National Science Foundation the funds nec-
essary to carry out this section. 
(c) GRANT AWARDS.— 
(1) PEER
REVIEW.—All grant awards under 
this section shall be made on a competitive, merit- 
reviewed basis. 
(2) FOCUS.—In making grant awards under 
this section, the Director shall, to the extent prac-
ticable, ensure geographic diversity and the partici-
pation of women and underrepresented minorities. 
(3) PREFERENCE.—In making grant awards 
under this section, the Director shall give preference 
to applications submitted by consortia of institutions 
to encourage as many students and professionals as 
possible to benefit from this program. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized under section 101, there is authorized
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to be appropriated to the Secretary for carrying out this 
section $3,700,000 for fiscal year 2006. 
(e) DEFINITIONS.—In this section, the term ‘‘institu-
tion of higher education’’ has the meaning given that term 
in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a)). 
SEC. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT. 
Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et. seq.) is amended by adding at the end the 
following new section: 
‘‘SEC. 314. CYBERSECURITY RESEARCH AND DEVELOP-
MENT. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology shall support research and development, 
including 
fundamental, 
long-term 
research, 
in 
cybersecurity to improve the ability of the United States 
to prevent, protect against, detect, respond to, and recover 
from cyber attacks, with emphasis on research and devel-
opment relevant to large-scale, high-impact attacks. 
‘‘(b) ACTIVITIES.—The research and development 
supported under subsection (a), shall include work to— 
‘‘(1) advance the development and accelerate 
the deployment of more secure versions of funda-
mental Internet protocols and architectures, includ-
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ing for the domain name system and routing proto-
cols; 
‘‘(2) improve and create technologies for detect-
ing attacks or intrusions, including monitoring tech-
nologies; 
‘‘(3) improve and create mitigation and recov-
ery methodologies, including techniques for contain-
ment of attacks and development of resilient net-
works and systems that degrade gracefully; and 
‘‘(4) develop and support infrastructure and 
tools to support cybersecurity research and develop-
ment efforts, including modeling, testbeds, and data 
sets for assessment of new cybersecurity tech-
nologies. 
‘‘(c) COORDINATION.—In carrying out this section, 
the Under Secretary for Science and Technology shall co-
ordinate activities with— 
‘‘(1) the Assistant Secretary for Cybersecurity; 
and 
‘‘(2) other Federal agencies, including the Na-
tional Science Foundation, the Defense Advanced 
Research Projects Agency, the Information Assur-
ance Directorate of the National Security Agency, 
and the National Institute of Standards and Tech-
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nology, to identify unmet needs and cooperatively 
support activities, as appropriate. 
‘‘(d) NATURE OF RESEARCH.—Activities under this 
section shall be carried out in accordance with section 
306(a) of this Act.’’. 
Subtitle C—Security of Public 
Transportation Systems 
SEC. 321. SECURITY BEST PRACTICES. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security, in 
coordination with the Secretary of Transportation, shall 
issue a report containing best practices for the security 
of public transportation systems related to the threats 
from terrorism. Such report shall be developed in consulta-
tion with providers of public transportation, industry asso-
ciations, public transportation employee representatives, 
first responders, and appropriate Federal, State, and local 
officials. The Secretary of Transportation shall dissemi-
nate the report to providers of public transportation, in-
dustry associations, public transportation employee rep-
resentatives, and appropriate Federal, State, and local of-
ficials, the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the 
House of Representatives, and any other appropriate enti-
ties.
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SEC. 322. PUBLIC AWARENESS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Transportation, after 
consultation with the Secretary of Homeland Security, 
shall develop a national plan to increase awareness of 
measures that the general public, public transportation 
passengers, and public transportation employees can take 
to increase public transportation security related to the 
threat of terrorism. Such plan shall also provide outreach 
to providers and employees of public transportation sys-
tems on available transportation security technologies, on-
going research and development efforts, employee train-
ing, and available Federal funding sources to improve pub-
lic transportation security. Not later than 9 months after 
the date of the enactment of this Act, the Secretary of 
Transportation shall disseminate the plan to providers of 
public transportation, industry associations, public trans-
portation employee representatives, appropriate Federal, 
State, and local officials, and other appropriate entities. 
Subtitle D—Critical Infrastructure 
Prioritization 
SEC. 331. CRITICAL INFRASTRUCTURE. 
(a) COMPLETION
OF PRIORITIZATION.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall complete the
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prioritization of the Nation’s critical infrastructure ac-
cording to all of the following criteria: 
(1) The threat of terrorist attack, based on 
threat information received and analyzed by the Of-
fice of Information Analysis of the Department re-
garding the intentions and capabilities of terrorist 
groups and other potential threats to the Nation’s 
critical infrastructure. 
(2) The likelihood that an attack would cause 
the destruction or significant disruption of such in-
frastructure. 
(3) The likelihood that an attack would result 
in substantial numbers of deaths and serious bodily 
injuries, a substantial adverse impact on the na-
tional economy, or a substantial adverse impact on 
national security. 
(b) COORDINATION AND COOPERATION.— 
(1) COORDINATION.—The Secretary shall co-
ordinate the prioritization under this section with 
other relevant Federal agencies. 
(2) COOPERATION.—Such prioritization shall be 
developed in cooperation with other relevant State, 
local, and tribal governments, and the private sector, 
as appropriate.
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SEC. 332. SECURITY REVIEW. 
(a) REQUIREMENT.—Not later than 9 months after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall— 
(1) review existing Federal, State, local, tribal, 
and private sector plans for securing the critical in-
frastructure included in the prioritization developed 
under section 331; 
(2) recommend changes to existing plans for se-
curing such infrastructure, as the Secretary deter-
mines necessary; and 
(3) coordinate and contribute to protective ef-
forts of other Federal, State, local, and tribal agen-
cies and the private sector, as appropriate. 
(b) CONTENTS OF PLANS.—The recommendations 
made under subsection (a)(2) shall include— 
(1) protective measures to secure such infra-
structure, including milestones and timeframes for 
implementation; and 
(2) to the extent practicable, performance 
metrics to evaluate the benefits to both national se-
curity and the Nation’s economy from the implemen-
tation of such protective measures. 
(c) COORDINATION.—The Secretary shall coordinate 
the security review and recommendations required by sub-
section (a) with other relevant Federal agencies.
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SEC. 333. IMPLEMENTATION REPORT. 
(a) IN GENERAL.—Not later than 15 months after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall submit a report to the appro-
priate congressional committees (as defined in section 2 
of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
on the implementation of section 332. Such report shall 
detail— 
(1) the Secretary’s review and coordination of 
security plans under section 332; and 
(2) the Secretary’s oversight of the execution 
and effectiveness of such plans. 
(b) UPDATE.—Not later than 1 year after the sub-
mission of the report under subsection (a), the Secretary 
shall provide an update of such report to the congressional 
committees described in subsection (a). 
SEC. 334. PROTECTION OF INFORMATION. 
(a) PROTECTION OF INFORMATION.—The informa-
tion set forth in subsection (b) that is generated, compiled, 
or disseminated by the Department of Homeland Security 
in carrying out this subtitle— 
(1) is exempt from disclosure under section 552 
of title 5, United States Code; and 
(2) shall not, if provided by the Department to 
a State or local government or government agency—
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(A) be made available pursuant to any 
State or local law requiring disclosure of infor-
mation or records; 
(B) otherwise be disclosed or distributed to 
any person by such State or local government 
or government agency without the written con-
sent of the Secretary; or 
(C) be used other than for the purpose of 
protecting critical infrastructure or protected 
systems, or in furtherance of an investigation or 
the prosecution of a criminal act. 
(b) INFORMATION COVERED.—Information referred 
to in subsection (a) is the following: 
(1) The Secretary’s prioritization of critical in-
frastructure pursuant to section 331, including any 
information upon which such prioritization was 
based; 
(2) the Secretary’s review of existing security 
plans for such infrastructure pursuant to section 
332(a)(1). 
(3) 
The 
Secretary’s 
recommendations 
for 
changes to existing plans for securing such infra-
structure pursuant to section 332(a)(2).
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(4) The nature and scope of protective efforts 
with respect to such infrastructure under section 
332(a)(3). 
(5) The report and update prepared by the Sec-
retary pursuant to section 333, including any infor-
mation upon which such report and update are 
based. 
TITLE IV—U.S. CUSTOMS AND 
BORDER 
PROTECTION 
AND 
U.S. IMMIGRATION AND CUS-
TOMS ENFORCEMENT 
SEC. 401. ESTABLISHMENT AND IMPLEMENTATION OF 
COST ACCOUNTING SYSTEM; REPORTS. 
Section 334 of the Customs and Border Security Act 
of 2002 (19 U.S.C. 2082 note) is amended to read as fol-
lows: 
‘‘SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF 
COST ACCOUNTING SYSTEM; REPORTS. 
‘‘(a) ESTABLISHMENT AND IMPLEMENTATION; CUS-
TOMS AND BORDER PROTECTION.— 
‘‘(1) IN GENERAL.—Not later than September 
30, 2006, the Commissioner of U.S. Customs and 
Border Protection shall, in accordance with the 
audit of the Customs Service’s fiscal years 2000 and 
1999 financial statements (as contained in the re-
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port of the Office of Inspector General of the De-
partment of the Treasury issued on February 23, 
2001), establish and implement a cost accounting 
system— 
‘‘(A) for expenses incurred in both com-
mercial and noncommercial operations of U.S. 
Customs and Border Protection of the Depart-
ment of Homeland Security, which system 
should specifically identify and distinguish ex-
penses incurred in commercial operations and 
expenses incurred in noncommercial operations; 
and 
‘‘(B) for expenses incurred both in admin-
istering and enforcing the customs laws of the 
United States and the Federal immigration 
laws, which system should specifically identify 
and distinguish expenses incurred in admin-
istering and enforcing the customs laws of the 
United States and the expenses incurred in ad-
ministering and enforcing the Federal immigra-
tion laws. 
‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall 
provide for an identification of expenses based on 
the type of operation, the port at which the oper-
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ation took place, the amount of time spent on the 
operation by personnel of U.S. Customs and Border 
Protection, and an identification of expenses based 
on any other appropriate classification necessary to 
provide for an accurate and complete accounting of 
expenses. 
‘‘(b) ESTABLISHMENT AND IMPLEMENTATION; IMMI-
GRATION AND CUSTOMS ENFORCEMENT.— 
‘‘(1) IN GENERAL.—Not later than September 
30, 2006, the Assistant Secretary for U.S. Immigra-
tion and Customs Enforcement shall, in accordance 
with the audit of the Customs Service’s fiscal years 
2000 and 1999 financial statements (as contained in 
the report of the Office of Inspector General of the 
Department of the Treasury issued on February 23, 
2001), establish and implement a cost accounting 
system— 
‘‘(A) for expenses incurred in both com-
mercial and noncommercial operations of U.S. 
Immigration and Customs Enforcement of the 
Department of Homeland Security, which sys-
tem should specifically identify and distinguish 
expenses incurred in commercial operations and 
expenses incurred in noncommercial operations; 
and
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‘‘(B) for expenses incurred both in admin-
istering and enforcing the customs laws of the 
United States and the Federal immigration 
laws, which system should specifically identify 
and distinguish expenses incurred in admin-
istering and enforcing the customs laws of the 
United States and the expenses incurred in ad-
ministering and enforcing the Federal immigra-
tion laws. 
‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall 
provide for an identification of expenses based on 
the type of operation, the amount of time spent on 
the operation by personnel of U.S. Immigration and 
Customs Enforcement, and an identification of ex-
penses based on any other appropriate classification 
necessary to provide for an accurate and complete 
accounting of expenses. 
‘‘(c) REPORTS.— 
‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING 
SYSTEMS.—Beginning on the date of the enactment 
of the Department of Homeland Security Authoriza-
tion Act for Fiscal Year 2006 and ending on the 
date on which the cost accounting systems described 
in subsections (a) and (b) are fully implemented, the
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Commissioner of U.S. Customs and Border Protec-
tion and the Assistant Secretary for U.S. Immigra-
tion and Customs Enforcement, respectively, shall 
prepare and submit to Congress on a quarterly basis 
a report on the progress of implementing the cost 
accounting systems pursuant to subsections (a) and 
(b). 
‘‘(2) ANNUAL REPORTS.—Beginning one year 
after the date on which the cost accounting systems 
described in subsections (a) and (b) are fully imple-
mented, the Commissioner of U.S. Customs and 
Border Protection and the Assistant Secretary for 
U.S. Immigration and Customs Enforcement, re-
spectively, shall prepare and submit to Congress on 
an annual basis a report itemizing the expenses 
identified in subsections (a) and (b). 
‘‘(3) OFFICE OF THE INSPECTOR GENERAL.— 
Not later than March 31, 2007, the Inspector Gen-
eral of the Department of Homeland Security shall 
prepare and submit to Congress a report analyzing 
the level of compliance with this section and detail-
ing any additional steps that should be taken to im-
prove compliance with this section.’’.
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SEC. 402. REPORT RELATING TO ONE FACE AT THE BOR-
DER INITIATIVE. 
Not later than September 30 of each of the calendar 
years 2006 and 2007, the Commissioner of U.S. Customs 
and Border Protection of the Department of Homeland 
Security shall prepare and submit to Congress a report— 
(1) analyzing the effectiveness of the One Face 
at the Border Initiative at enhancing security and 
facilitating trade; 
(2) providing a breakdown of the number of 
personnel of U.S. Customs and Border Protection 
that were personnel of the United States Customs 
Service prior to the establishment of the Department 
of Homeland Security, that were personnel of the 
Immigration and Naturalization Service prior to the 
establishment of the Department of Homeland Secu-
rity, and that were hired after the establishment of 
the Department of Homeland Security; 
(3) describing the training time provided to 
each employee on an annual basis for the various 
training components of the One Face at the Border 
Initiative; and 
(4) outlining the steps taken by U.S. Customs 
and Border Protection to ensure that expertise is re-
tained with respect to customs, immigration, and ag-
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riculture inspection functions under the One Face at 
the Border Initiative. 
SEC. 403. CUSTOMS SERVICES. 
Section 13031(e)(1) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) 
is amended— 
(1) by striking ‘‘(1) Notwithstanding section 
451 of the Tariff Act of 1930 (19 U.S.C. 1451) or 
any other provision of law (other than paragraph 
(2)),’’ and inserting: 
‘‘(1) IN GENERAL.— 
‘‘(A) 
SCHEDULED
FLIGHTS.—Notwith-
standing section 451 of the Tariff Act of 1930 
(19 U.S.C. 1451) or any other provision of law 
(other than subparagraph (B) and paragraph 
(2)),’’; and 
(2) by adding at the end the following: 
‘‘(B) CHARTER FLIGHTS.—If a charter air 
carrier (as defined in section 40102(13) of title 
49, United States Code) specifically requests 
that customs border patrol services for pas-
sengers and their baggage be provided for a 
charter flight arriving after normal operating 
hours at a customs border patrol serviced air-
port and overtime funds for those services are
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not available, the appropriate customs border 
patrol officer may assign sufficient customs em-
ployees (if available) to perform any such serv-
ices, which could lawfully be performed during 
regular hours of operation, and any overtime 
fees incurred in connection with such service 
shall be paid by the charter air carrier.’’. 
SEC. 404. SENSE OF CONGRESS ON INTERPRETATION OF 
TEXTILE AND APPAREL PROVISIONS. 
It is the sense of Congress that U.S. Customs and 
Border Protection of the Department of Homeland Secu-
rity should interpret, implement, and enforce the provi-
sions of section 112 of the African Growth and Oppor-
tunity Act (19 U.S.C. 3721), section 204 of the Andean 
Trade Preference Act (19 U.S.C. 3203), and section 213 
of the Caribbean Basin Economic Recovery Act (19 
U.S.C. 2703), relating to preferential treatment of textile 
and apparel articles, broadly in order to expand trade by 
maximizing opportunities for imports of such articles from 
eligible beneficiary countries. 
SEC. 405. IMPROVING SENTRI, FAST, AND NEXUS PRE-EN-
ROLLMENT PROGRAMS. 
(a) CREATION
OF REMOTE ENROLLMENT CEN-
TERS.—
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(1) IN GENERAL.—The Secretary shall create a 
minimum of 4 remote enrollment centers for the 
programs described in paragraph (2). Such remote 
enrollment centers shall be established away from 
the borders of the United States and in population 
centers where there is a demand for such a service. 
(2) PROGRAMS.—The programs described in 
paragraph (1) are the following: 
(A) The Free and Secure Trade, or 
‘‘FAST’’, program authorized under subpart B 
of title IV of the Tariff Act of 1930 (19 U.S.C 
1411 et seq.). 
(B) The Secure Electronic Network for 
Travelers Rapid Inspection, or ‘‘SENTRI’’, pro-
gram authorized under section 286(q) of the 
Immigration and Nationality Act (8 U.S.C. 
1356(q)). 
(C) The ‘‘NEXUS’’ program authorized 
under section 286(q) of the Immigration and 
Nationality Act (8 U.S.C. 1356(q)). 
(b) CUSTOMER SERVICE PHONE NUMBER.—The Sec-
retary shall create a customer service telephone number 
for the programs described in subsection (a)(2). 
(c) MERGING REQUIREMENTS
OF NEXUS LAND 
AND AIR CARDS.—The Secretary of Homeland Security
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shall merge the requirements of the land and air cards 
issued under the ‘‘NEXUS’’ program authorized under 
section 286(q) of the Immigration and Nationality Act (8 
U.S.C. 1356(q)) into one uniform card that will work for 
land and air crossings. 
TITLE V—MISCELLANEOUS 
SEC. 501. BORDER SECURITY AND ENFORCEMENT COORDI-
NATION AND OPERATIONS. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) As part of the creation of the Department 
of Homeland Security, section 442 of the Homeland 
Security Act of 2002 (Public Law 107–273) estab-
lished a Bureau of Border Security and transferred 
into it all of the functions, programs, personnel, as-
sets, and liabilities pertaining to the following pro-
grams: the Border Patrol; alien detention and re-
moval; immigration-related intelligence, investiga-
tions, and enforcement activities; and immigration 
inspections at ports of entry. 
(2) Title IV of the Homeland Security Act of 
2002 (Public Law 107–273) also transferred to the 
new Department the United States Customs Service, 
as a distinct entity within the new Department, to 
further the Department’s border integrity mission.
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(3) Utilizing its reorganization authority pro-
vided in the Homeland Security Act of 2002, the 
President submitted a reorganization plan for the 
Department on January 30, 2003. 
(4) This plan merged the customs and immigra-
tion border inspection and patrol functions, along 
with agricultural inspections functions, into a new 
entity called United States Customs and Border 
Protection. 
(5) The plan also combined the customs and 
immigration enforcement agents, as well as the Of-
fice of Detention and Removal Operations, the Of-
fice of Federal Protective Service, the Office of Fed-
eral Air Marshal Service, and the Office of Intel-
ligence, into another new entity called United States 
Immigration and Customs Enforcement. 
(6) The President’s January 30, 2003, reorga-
nization plan did not explain the reasons for sepa-
rating immigration inspection and border patrol 
functions from other immigration-related enforce-
ment functions, or to combine immigration-related 
enforcement functions with customs and other func-
tions, contrary to the design of the Bureau of Bor-
der Security as prescribed by the Congress in section 
442 of the Homeland Security Act of 2002.
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(7) United States Immigration and Customs 
Enforcement has faced major budgetary challenges 
that are, in part, attributable to the inexact division 
of resources upon the separation of immigration 
functions. These budget shortfalls have forced 
United States Immigration and Customs Enforce-
ment to impose hiring freezes and to release aliens 
that otherwise should be detained. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Homeland Security shall review and evaluate the 
current organizational structure of the Department 
of Homeland Security established by the President’s 
January 30, 2003, reorganization plan and submit a 
report of findings and recommendations to the ap-
propriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101)). 
(2) CONTENTS OF REPORT.—The report shall 
include— 
(A) a description of the rationale for, and 
any benefits of, the current organizational divi-
sion of United States Immigration and Customs 
Enforcement and United States Customs and
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Border Protection, with respect to the Depart-
ment’s immigration and customs missions; 
(B) a description of the organization, mis-
sions, operations, and policies of United States 
Customs and Border Protection and United 
States Immigration and Customs Enforcement, 
and areas of unnecessary overlap or operational 
gaps among and between these missions; 
(C) a description of the rationale for, and 
any benefits of, the current organizational com-
bination of immigration-related enforcement 
functions with customs and other functions; 
(D) an analysis of alternative organiza-
tional structures that could provide a more ef-
fective way to deliver maximum efficiencies and 
mission success; 
(E) a description of the current role of the 
Directorate of Border and Transportation Secu-
rity with respect to providing adequate direction 
and oversight of the two agencies, and whether 
this management structure is still necessary; 
(F) an analysis of whether the Federal Air 
Marshals and the Federal Protective Service are 
properly located within the Department within
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United States Immigration and Customs En-
forcement; 
(G) the proper placement and functions of 
a specialized investigative and patrol unit oper-
ating at the southwest border on the Tohono 
O’odham Nation, known as the Shadow Wolves; 
(H) the potential costs of reorganization, 
including financial, programmatic, and other 
costs, to the Department; and 
(I) recommendations for correcting the 
operational and administrative problems that 
have been caused by the division of United 
States Custom and Border Protection and 
United States Immigration and Customs En-
forcement and by the combination of immigra-
tion-related enforcement functions with customs 
and other functions in both entities, including 
any appropriate reorganization plans. 
SEC. 502. GAO REPORT TO CONGRESS. 
(a) IN GENERAL.— Not later than 6 months after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the appro-
priate congressional committees (as defined in section 2 
of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
a report that sets forth—
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(1) an assessment of the effectiveness of the or-
ganizational and management structure of the De-
partment of Homeland Security in meeting the De-
partment’s missions as set forth in section 101(b)(1) 
of the Homeland Security Act of 2002 (6 U.S.C. 
111(b)(1)); and 
(2) recommendations to facilitate and improve 
the organization and management of the Depart-
ment to best meet those missions. 
(b) CYBERSECURITY ASSESSMENT.—Not later than 
one year after the date of the enactment of this Act, the 
Comptroller General shall submit a report to the appro-
priate congressional committees (as defined in section 2 
of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
that sets forth an assessment of the effectiveness of the 
efforts of the Assistant Secretary for Cybersecurity to ful-
fill the statutory responsibilities of that office. 
SEC. 503. PLAN TO REDUCE WAIT TIMES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall de-
velop a plan— 
(1) to improve the operational efficiency of se-
curity screening checkpoints at commercial service 
airports so that average peak waiting periods at 
such checkpoints do not exceed 20 minutes; and
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(2) to ensure that there are no significant dis-
parities in immigration and customs passenger proc-
essing times among airports that serve as inter-
national gateways. 
SEC. 504. DENIAL OF TRANSPORTATION SECURITY CARD. 
Section 70105(c) of title 46, United States Code, is 
amended— 
(1) in paragraph (3) by inserting before the pe-
riod ‘‘before an administrative law judge’’; and 
(2) by adding at the end the following: 
‘‘(5) In making a determination under paragraph 
(1)(D) that an individual poses a terrorism security risk, 
the Secretary shall not solely consider a felony conviction 
if— 
‘‘(A) that felony occurred more than 7 years 
prior to the date of the Secretary’s determination; 
and 
‘‘(B) the felony was not related to terrorism (as 
that term is defined in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)).’’.
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SEC. 505. TRANSFER OF EXISTING CUSTOMS PATROL OFFI-
CERS UNIT AND ESTABLISHMENT OF NEW 
CPO UNITS IN THE BUREAU OF IMMIGRATION 
AND CUSTOMS ENFORCEMENT. 
(a) TRANSFER OF EXISTING UNIT.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall transfer to the Bu-
reau of Immigration and Customs Enforcement all func-
tions (including the personnel, assets, and obligations held 
by or available in connection with such functions) of the 
Customs Patrol Officers unit of the Bureau of Customs 
and Border Protection operating on the Tohono O’odham 
Indian reservation (commonly known as the ‘Shadow 
Wolves’ unit). 
(b) ESTABLISHMENT
OF NEW UNITS.—The Sec-
retary is authorized to establish within the Bureau of Im-
migration and Customs Enforcement additional units of 
Customs Patrol Officers in accordance with this section. 
(c) DUTIES.—The Customs Patrol Officer unit trans-
ferred pursuant to subsection (a) and the additional units 
established pursuant to subsection (b) shall be responsible 
for the prevention of the smuggling of narcotics, weapons 
of mass destruction, and other contraband, and the illegal 
trafficking of persons, on Indian lands. 
(d) BASIC PAY
FOR JOURNEYMAN OFFICERS.—A 
Customs Patrol Officer in a unit described in this section
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shall receive equivalent pay as a special agent with similar 
competencies within the Bureau of Immigration and Cus-
toms Enforcement pursuant to the Department of Home-
land Security’s human resources management system es-
tablished under section 841 of the Homeland Security Act 
(6 U.S.C. 411). 
(e) SUPERVISORS.—Each unit described under this 
section shall be supervised by a Chief Customs Patrol Offi-
cer, who shall have the same rank as a resident agent- 
in-charge of the Office of Investigations. 
SEC. 506. DATA COLLECTION ON USE OF IMMIGRATION 
CONSULTANTS. 
The Secretary of Homeland Security shall establish 
procedures to record information on applications for an 
immigration benefit submitted by an alien with respect to 
which— 
(1) the alien states that the alien used the serv-
ices of an immigration consultant; or 
(2) a Department employee or official inves-
tigating facts alleged in the application, or adjudi-
cating the application, suspects that the alien used 
the services of an immigration consultant. 
SEC. 507. OFFICE FOR STATE AND LOCAL GOVERNMENT 
COORDINATION. 
The Homeland Security Act of 2002 is amended—
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(1) in section 801— 
(A) in the section heading, by striking 
‘‘STATE AND LOCAL’’ and inserting ‘‘STATE, 
LOCAL, AND TRIBAL’’; 
(B) in subsection (a), by striking ‘‘State 
and Local’’ and inserting ‘‘State, Local, and 
Tribal’’; and 
(C) in subsection (b), by striking ‘‘State 
and local’’ each place it appears and inserting 
‘‘State, local, and tribal’’; and 
(2) in section 1(b) in the table of contents by 
striking the item relating to section 801 and insert-
ing the following: 
‘‘Sec. 801. Office for State, Local, and Tribal Government Coordination.’’. 
SEC. 508. STUDY OF MODIFICATION OF AREA OF JURISDIC-
TION OF OFFICE OF NATIONAL CAPITAL RE-
GION COORDINATION. 
(a) STUDY.—The Secretary of Homeland Security, 
acting through the Director of the Office of National Cap-
ital Region Coordination, shall conduct a study of the fea-
sibility and desirability of modifying the definition of ‘‘Na-
tional Capital Region’’ applicable under section 882 of the 
Homeland Security Act of 2002 to update the geographic 
area under the jurisdiction of the Office of National Cap-
ital Region Coordination.
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(b) FACTORS.—In conducting the study under sub-
section (a), the Secretary shall analyze whether modifying 
the geographic area under the jurisdiction of the Office 
of National Region Coordination will— 
(1) improve coordination among State and local 
governments within the Region, including regional 
governing bodies, and coordination of the efforts of 
first responders; and 
(2) enhance the ability of such State and local 
governments and the Federal Government to prevent 
and respond to a terrorist attack within the Region. 
(c) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary shall submit 
a report to Congress on the study conducted under sub-
section (a), and shall include in the report such rec-
ommendations (including recommendations for legislation 
to amend section 882 of the Homeland Security Act of 
2002) as the Secretary considers appropriate. 
SEC. 509. AUTHORITY OF OTHER FEDERAL AGENCIES UN-
AFFECTED. 
Except to the extent explicitly provided in section 
216, nothing in this Act shall affect the authority under 
statute, regulation, or Executive order of other Federal 
agencies than the Department of Homeland Security.
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SEC. 510. CENTERS OF EXCELLENCE. 
Section 308(b)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 188(b)(2)) is amended by adding at the 
end the following new subparagraph: 
‘‘(F) A center under this paragraph may 
include participation of a Department of En-
ergy laboratory, including in the preparation of 
a proposal.’’. 
SEC. 511. REPORT TO CONGRESS ON UNIFORM AND IDENTI-
FICATION SECURITY. 
(a) DEFINITION.—For the purpose of this section, 
the term ‘‘forms of Homeland Security identification’’ 
means any uniform, badge, identification card, or other 
apparel or insignia of the design prescribed by the Depart-
ment of Homeland Security for use by any officer or em-
ployee of such Department. 
(b) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall prepare and submit to Congress a report— 
(1) describing the efforts taken by the Depart-
ment of Homeland Security— 
(A) to curtail the production of imitation 
forms of Homeland Security identification, in-
cluding efforts to improve the design of the var-
ious forms of Homeland Security identification 
to prevent unauthorized replication; and
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(B) to increase public awareness of the ex-
istence of imitation forms of Homeland Security 
identification, and educate the public about 
means by which to identify bona fide forms of 
Homeland Security identification; 
(2) assessing the effectiveness of the efforts de-
scribed in paragraph (1); and 
(3) recommending any legislation or adminis-
trative actions necessary to achieve the objectives de-
scribed in subparagraphs (A) and (B), respectively, 
of paragraph (1). 
SEC. 512. BORDER SURVEILLANCE. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall submit to the President and the appropriate 
committees of Congress a comprehensive plan for the sys-
tematic surveillance of the northern border of the United 
States by remotely piloted aircraft. 
(b) CONTENTS.—The plan submitted under sub-
section (a) shall include— 
(1) recommendations for establishing command 
and control centers, operations sites, infrastructure, 
maintenance, and procurement; 
(2) cost estimates for the implementation of the 
plan and ongoing operations;
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(3) recommendations for the appropriate agent 
within the Department of Homeland Security to be 
the executive agency for remotely piloted aircraft op-
erations; 
(4) the number of remotely piloted aircraft re-
quired for the plan; 
(5) the types of missions the plan would under-
take, including— 
(A) protecting the lives of people seeking 
illegal entry into the United States; 
(B) interdicting illegal movement of people, 
weapons, and other contraband across the bor-
der; 
(C) providing investigative support to as-
sist in the dismantling of smuggling and crimi-
nal networks along the border; 
(D) using remotely piloted aircraft to serve 
as platforms for the collection of intelligence 
against smugglers and criminal networks along 
the border; and 
(E) further validating and testing of re-
motely piloted aircraft for airspace security mis-
sions; 
(6) the equipment necessary to carry out the 
plan; and