ligence and Analysis makes full and efficient use of open- 
source information by acquiring, gathering, processing, 
and analyzing open-source information to produce open- 
source intelligence products. 
‘‘(b) ANALYSIS PERFORMANCE.—The Secretary shall 
ensure that the Department makes full and efficient use 
of open-source information to analyze United States crit-
ical infrastructure nodes from the perspective of terrorists 
using publicly available information. The Secretary shall 
share the results of the analysis with appropriate Federal, 
State, local, tribal, and private-sector officials.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to such subtitle the following the 
following: 
‘‘Sec. 209. Full and efficient use of open source intelligence.’’. 
SEC. 508. STRENGTHENING THE CAPABILITIES OF THE 
HUMAN SMUGGLING AND TRAFFICKING CEN-
TER. 
(a) IN GENERAL.—The Secretary, acting through the 
Assistant Secretary of Homeland Security for United 
States Immigration and Customs Enforcement, shall pro-
vide to the Human Smuggling and Trafficking Center (in 
this section referred to as the ‘‘Center’’) the administra-
tive support and funding required for its maintenance, in-
cluding funding for personnel, leasing of office space, sup-
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plies, equipment, technology, training, and travel expenses 
necessary for the Center to carry out its mission. 
(b) STAFFING OF THE CENTER.— 
(1) IN
GENERAL.—Funding provided under 
subsection (a) shall be used for the hiring of for not 
fewer than 30 full-time equivalent staff for the Cen-
ter, to include the following: 
(A) One Director. 
(B) One Deputy Director for Smuggling. 
(C) One Deputy Director for Trafficking. 
(D) One Deputy Director for Terrorist 
Travel. 
(E) Not fewer than 15 intelligence analysts 
or Special Agents, to include the following: 
(i) Not fewer than ten such analysts 
or Agents shall be intelligence analysts or 
law enforcement agents who shall be de-
tailed from entities within the Department 
of Homeland Security with human smug-
gling and trafficking related responsibil-
ities, as determined by the Secretary. 
(ii) Not fewer than one full time pro-
fessional staff detailee from each of the 
United States Coast Guard, United States 
Immigration and Customs Enforcement, 
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United States Customs and Border Protec-
tion, Transportation Security Administra-
tion, and the Office of Intelligence and 
Analysis. 
(2) REQUIREMENTS.—Intelligence analysts or 
Special Agents detailed to the Center under para-
graph (1)(E) shall have at least three years experi-
ence related to human smuggling or human traf-
ficking. 
(3) DURATION
OF
ASSIGNMENT.—An intel-
ligence analyst or Special Agent detailed to the Cen-
ter under paragraph (1)(E) shall be detailed for a 
period of not less than two years. 
(c) FUNDING REIMBURSEMENT.—In operating the 
Center, the Secretary of Homeland Security shall act in 
accordance with all applicable requirements of the Econ-
omy Act (31 U.S.C. 1535), and shall seek reimbursement 
from the Attorney General and the Secretary of State, in 
such amount or proportion as is appropriate, for costs as-
sociated with the participation of the Department of Jus-
tice and the Department of State in the operation of the 
Center. 
(d) DEVELOPMENT
OF PLAN.—The Secretary of 
Homeland Security shall develop a plan for the Center 
that— 
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(1) defines the roles and responsibilities of each 
Department participating in the Center; 
(2) describes how the Department of Homeland 
Security shall utilize its resources to ensure that the 
Center uses intelligence to focus and drive its ef-
forts; 
(3) describes the mechanism for the sharing of 
information from United States Immigration and 
Customs Enforcement and United States Customs 
and Border Protection field offices to the Center; 
(4) describes the mechanism for the sharing of 
homeland security information from the Center to 
the Office of Intelligence and Analysis, including 
how such sharing shall be consistent with section 
1016(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108–458); 
(5) establishes reciprocal security clearance sta-
tus to other participating agencies in the Center in 
order to ensure full access to necessary databases; 
(6) establishes or consolidates networked sys-
tems for the Center; and 
(7) ensures that the assignment of personnel to 
the Center from agencies of the Department of 
Homeland Security is incorporated into the civil 
service career path of such personnel. 
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(e) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary of Homeland Security shall execute with the Attor-
ney General a Memorandum of Understanding in order 
to clarify cooperation and coordination between United 
States Immigration and Customs Enforcement and the 
Federal Bureau of Investigation regarding issues related 
to human smuggling, human trafficking, and terrorist 
travel. 
(f) COORDINATION WITH THE OFFICE OF INTEL-
LIGENCE AND ANALYSIS.—The Office of Intelligence and 
Analysis, in coordination with the Center, shall submit to 
Federal, State, local, and tribal law enforcement and other 
relevant agencies periodic reports regarding terrorist 
threats related to human smuggling, human trafficking, 
and terrorist travel. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized to be appropriated under section 101 
for fiscal year 2007, $10,000,000 is to carry out this sec-
tion for that fiscal year. 
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TITLE VI—PREVENTION OF NU-
CLEAR AND BIOLOGICAL TER-
RORISM 
SEC. 601. ESTABLISHMENT OF OFFICE OF DOMESTIC NU-
CLEAR DETECTION. 
(a) ESTABLISHMENT.—The Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) is amended by adding at 
the end the following new title: 
‘‘TITLE XIX—DOMESTIC 
NUCLEAR DETECTION 
‘‘SEC. 1901. OFFICE OF DOMESTIC NUCLEAR DETECTION. 
‘‘(a) IN GENERAL.—There shall be in the Depart-
ment of Homeland Security an Office of Domestic Nuclear 
Detection. 
‘‘(b) PURPOSE.—The purpose of the Office shall be 
to protect against the unauthorized importation, posses-
sion, storage, transportation, development, or use of a nu-
clear explosive device, fissile material, or radiological ma-
terial against the United States. 
‘‘(c) DIRECTOR.—The Office shall be headed by a Di-
rector of Domestic Nuclear Detection, who shall be ap-
pointed by the President from among individuals nomi-
nated by the Secretary. 
‘‘(d) LIMITATION.—This title shall not be construed 
to affect the performance, by directorates and agencies of 
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the Department other than the Office, of functions that 
are not related to detection and prevention of nuclear and 
radiological terrorism. 
‘‘SEC. 1902. RESPONSIBILITIES OF DIRECTOR OF DOMESTIC 
NUCLEAR DETECTION. 
‘‘(a) IN GENERAL.—The Secretary shall vest in the 
Director of Domestic Nuclear Detection the primary re-
sponsibility in the Department for— 
‘‘(1) administering all nuclear and radiological 
detection and prevention functions and assets of the 
Department; and 
‘‘(2) for coordinating such administration with 
nuclear and radiological detection and prevention ac-
tivities of other Federal departments and agencies. 
‘‘(b) TRANSFER
OF FUNCTIONS.—The Secretary 
shall transfer to the Director the authority to administer, 
or supervise the administration of, all functions, per-
sonnel, assets, and liabilities of all Department programs 
and projects relating to nuclear and radiological detection 
research, development, testing, and evaluation, and nu-
clear and radiological detection system acquisition and de-
ployment, including with respect to functions and assets 
transferred by section 303(1)(B), (C), and (E) and func-
tions, assets, and personnel transferred pursuant to sec-
tion 1910(c). 
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‘‘SEC. 1903. GLOBAL NUCLEAR DETECTION ARCHITECTURE. 
‘‘(a) IN GENERAL.—The Director of Domestic Nu-
clear Detection shall coordinate the Federal Government’s 
implementation of a global nuclear detection architecture. 
‘‘(b) FUNCTIONS
OF DIRECTOR.—In carrying out 
subsection (a), the Director shall— 
‘‘(1) design a strategy that will guide deploy-
ment of the global nuclear detection architecture; 
‘‘(2) implement the strategy in the United 
States; and 
‘‘(3) coordinate Department and Federal inter-
agency efforts to deploy the elements of the global 
nuclear detection architecture outside the United 
States. 
‘‘(c) RELATIONSHIP TO OTHER DEPARTMENTS AND 
AGENCIES.—The authority of the Director under this sec-
tion shall not affect an authority or responsibility of any 
other department or agency of the Federal Government 
with respect to the deployment of nuclear and radiological 
detection systems outside the United States under any 
program administered by that department or agency. 
‘‘SEC. 1904. RESEARCH AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Director of Domestic Nu-
clear Detection shall carry out a research and development 
program to achieve transformational and evolutionary im-
provements in detection capabilities for shielded and 
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unshielded nuclear explosive devices and radiological dis-
persion devices. 
‘‘(b) HIGH-RISK PROJECTS.—The program shall in-
clude funding for transformational research and develop-
ment projects that may have a high risk of failure but 
have the potential to provide significant benefits. 
‘‘(c) LONG-TERM PROJECTS.—In order to reflect a 
long-term commitment to the development of more effec-
tive detection technologies, the program shall include the 
provision of funding for projects having a duration of more 
than 3 years, as appropriate. 
‘‘(d) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—The Director shall coordinate implementation of 
the program with other Federal agencies performing simi-
lar research and development in order to accelerate the 
development of effective technologies, promote technology 
sharing, and to avoid duplication, including through the 
use of the interagency coordination council established 
under section 1913. 
‘‘SEC. 1905. SYSTEM ASSESSMENTS. 
‘‘(a) PROGRAM REQUIRED.—The Director of Domes-
tic Nuclear Detection shall carry out a program to test 
and evaluate technology for detecting nuclear explosive de-
vices and fissile or radiological material. 
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‘‘(b) PERFORMANCE METRICS.—The Director shall 
establish performance metrics for evaluating the effective-
ness of individual detectors and detection systems in de-
tecting nuclear explosive devices or fissile or radiological 
material— 
‘‘(1) under realistic operational and environ-
mental conditions; and 
‘‘(2) against realistic adversary tactics and 
countermeasures. 
‘‘(c) PROVISION OF TESTING SERVICES.— 
‘‘(1) IN GENERAL.—The Director may, under 
the program required under subsection (a), make 
available testing services to developers of detection 
technologies. The results of the tests performed with 
services made available under this subsection shall 
be confidential and may not be disclosed to individ-
uals or entities outside of the Federal Government 
without the consent of the developer for whom the 
tests are performed. 
‘‘(2) FEES.—The Director may charge a fee, as 
appropriate, to perform any service under this sub-
section. 
‘‘(d) SYSTEM ASSESSMENTS.— 
‘‘(1) IN GENERAL.—The Director shall periodi-
cally perform system-wide assessments of the global 
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nuclear 
detection 
architecture 
to 
identify 
vulnerabilities and to gauge overall system perform-
ance against nuclear and radiological threats. 
‘‘(2) INCLUDED ACTIVITIES.—The assessments 
shall include— 
‘‘(A) red teaming activities to identify 
vulnerabilities and possible modes of attack and 
concealment methods; and 
‘‘(B) net assessments to determine archi-
tecture performance against adversary tactics 
and concealment methods. 
‘‘(3) USE.—The Director shall use the assess-
ments to guide deployment of the global nuclear de-
tection architecture and the research and develop-
ment activities of the Office of Domestic Nuclear 
Detection. 
‘‘SEC. 1906. TECHNOLOGY ACQUISITION, DEPLOYMENT, 
SUPPORT, AND TRAINING. 
‘‘(a) ACQUISITION STRATEGY.— 
‘‘(1) IN GENERAL.—The Director of Domestic 
Nuclear Detection shall develop and, subject to the 
availability of appropriations, execute a strategy for 
the acquisition and deployment of detection systems 
in order to implement the Department components 
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of the global nuclear detection architecture developed 
under section 1903. 
‘‘(2) USE OF AVAILABLE CONTRACTING PROCE-
DURES.—The Director shall make use of all con-
tracting procedures available to the Secretary to im-
plement the acquisition strategy. 
‘‘(3) DETERMINATION OF QUALIFIED ANTI-TER-
RORISM
TECHNOLOGY.—The Director shall make 
recommendations based on the criteria included in 
section 862(b) as to whether the detection systems 
acquired pursuant to this subsection shall be des-
ignated by the Secretary as anti-terrorism tech-
nologies that qualify for protection under the system 
of risk management under subtitle G of title VIII. 
The Under Secretary for Science and Technology 
shall consider the Director’s recommendations and 
expedite the process of determining whether such de-
tection systems shall be designated as anti-terrorism 
technologies that qualify for such protection. 
‘‘(b) DEPLOYMENT.—The Director shall deploy de-
tection systems for use by Department operational units 
and other end-users in implementing the global nuclear 
detection architecture. 
‘‘(c) OPERATIONAL SUPPORT AND PROTOCOLS.— 
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‘‘(1) OPERATIONAL
SUPPORT.—The Director 
shall provide operational support for all systems ac-
quired to implement the acquisition strategy devel-
oped under subsection (a). 
‘‘(2) OPERATIONAL PROTOCOLS.—The Director 
shall develop operational protocols for detection tech-
nology acquired and deployed to implement the ac-
quisition strategy, including procedures for alarm 
resolution and notification of appropriate response 
agencies in the event that illicit nuclear, radioactive, 
or fissile materials are detected by such a product or 
service. 
‘‘(3) TECHNICAL
REACHBACK.—The Director 
will ensure that the expertise necessary to accurately 
interpret detection data is made available in a timely 
manner for all technology deployed to implement the 
global nuclear detection architecture. 
‘‘(d) TRAINING.—The Director shall develop and dis-
tribute training materials and provide training to all end- 
users of technology acquired by the Director under the ac-
quisition strategy. 
‘‘(e) SOLICITATION OF END-USER INPUT.—In devel-
oping requirements for the research and development pro-
gram of section 1904 and requirements for the acquisition 
of detection systems to implement the strategy in sub-
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section (a), the Director shall solicit input from end-users 
of such systems. 
‘‘(f) STATE AND LOCAL SUPPORT.—Upon request, 
the Director shall provide guidance regarding radiation 
detection technology acquisitions to be made by State, 
local, and tribal governments and emergency response pro-
viders. 
‘‘SEC. 1907. SITUATIONAL AWARENESS. 
‘‘(a) DETECTION INFORMATION.—The Director of 
Domestic Nuclear Detection— 
‘‘(1) shall continuously monitor detection infor-
mation received from foreign and domestic detection 
systems to maintain for the Department a situa-
tional awareness of all nuclear threats; 
‘‘(2) shall gather and archive— 
‘‘(A) detection data measurements taken of 
benign activities in the normal flows of com-
merce; and 
‘‘(B) alarm data, including false alarms 
and nuisance alarms. 
‘‘(b) INFORMATION SHARING.—The Director shall 
coordinate with other governmental agencies to ensure 
that the detection of unauthorized nuclear explosive de-
vices, fissile material, or radiological material is promptly 
reported to all appropriate Federal response agencies in-
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100 
cluding the Attorney General, the Director of the Federal 
Bureau of Investigation, the Secretary of Defense, and the 
Secretary of Energy. 
‘‘(c) INCIDENT RESOLUTION.—The Director shall as-
sess nuclear threats communicated by Federal, State, trib-
al, or local officials and provide adequate technical 
reachback capability for swift and effective incident resolu-
tion. 
‘‘(d) SECURITY.—The Director shall— 
‘‘(1) develop and implement security standards 
and protocols for the control and protection of all 
classified or sensitive information in possession of 
the Office; and 
‘‘(2) ensure that relevant personnel of the Of-
fice have the required security clearances to properly 
handle such information. 
‘‘SEC. 1908. FORENSIC ANALYSIS. 
‘‘The Director of Domestic Nuclear Detection shall 
perform all research, development, and acquisition activi-
ties of the Department pertaining to forensic analysis and 
attribution of nuclear and radiological attacks. 
‘‘SEC. 1909. THREAT INFORMATION. 
‘‘(a) THREAT ASSESSMENTS.—The Director of Do-
mestic Nuclear Detection shall utilize classified and un-
classified nuclear and radiological threat assessments in 
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101 
designing the global nuclear detection architecture under 
section 1903, prioritizing detection system deployments, 
and testing and optimizing system performance of that ar-
chitecture, including assessments of— 
‘‘(1) smuggling routes; 
‘‘(2) locations of relevant nuclear and radio-
logical material throughout the world; 
‘‘(3) relevant terrorist tradecraft and conceal-
ment methods; 
‘‘(4) relevant nuclear and radiological threat ob-
jects in terms of possible detection signatures. 
‘‘(b) ACCESS TO INFORMATION.—The Secretary shall 
provide the Director access to all information relating to 
nuclear and radiological threats, including reports, assess-
ments, analyses, and unevaluated intelligence, that is nec-
essary to successfully design, deploy, and support the op-
eration of an effective global detection architecture under 
section 1903. 
‘‘(c) ANALYTICAL SUPPORT.—The Director shall re-
quest that the Secretary provide to the Director, pursuant 
to section 201(c)(20), the requisite intelligence and infor-
mation analysis support necessary to effectively discharge 
the Director’s responsibilities. 
‘‘(d) ANALYTICAL EXPERTISE.—For the purposes of 
performing any of the assessments required under sub-
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102 
section (a), the Director, subject to the availability of ap-
propriations, may hire qualified personnel with experience 
in performing nuclear and radiological threat assessments. 
‘‘(e) COLLECTION REQUESTS.—The Director shall 
recommend that the Secretary consult with the Director 
of Central Intelligence or other appropriate intelligence, 
law enforcement, or other elements of the Federal Govern-
ment pursuant to section 201(c)(7) with respect to intel-
ligence collection to design, deploy, and support the oper-
ation of the global detection architecture under section 
1903. 
‘‘SEC. 1910. ADMINISTRATIVE AUTHORITIES. 
‘‘(a) HIRING.—In hiring personnel for the Office of 
Domestic Nuclear Detection, the Secretary shall have the 
hiring and management authorities described in section 
1101 of the Strom Thurmond National Defense Author-
ization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; 
Public Law 105–261). The term of appointments for em-
ployees under subsection (c)(1) of that section may not 
exceed 5 years before the granting of any extension under 
subsection (c)(2) of that section 
‘‘(b) DETAIL OF PERSONNEL.—In order to assist the 
Director of Domestic Nuclear Detection in discharging the 
Director’s responsibilities, personnel of other Federal 
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103 
agencies may be detailed to the Office for the performance 
of analytic functions and related duties. 
‘‘(c) TRANSFER
OF SCIENCE
AND TECHNOLOGY 
FUNCTIONS, PERSONNEL, AND ASSETS.— 
‘‘(1) TRANSFER
REQUIRED.—Except as pro-
vided in paragraph (2), the Secretary shall transfer 
to the Director the functions, assets, and personnel 
of the Department relating to radiological and nu-
clear countermeasures, including forensics of con-
taminated evidence and attack attribution. 
‘‘(2) EXCEPTIONS.—The Secretary shall not 
transfer under paragraph (1) functions, assets, and 
personnel relating to consequence management and 
recovery. 
‘‘(3) ELIMINATION
OF
DUPLICATION
OF
EF-
FORT.—The Secretary shall ensure that to the ex-
tent that complementary functions are vested in the 
Directorate of Science and Technology and the Of-
fice of Domestic Nuclear Detection with respect to 
radiological and nuclear countermeasures, the Under 
Secretary for Science and Technology and the Direc-
tor of Domestic Nuclear Detection coordinate the 
programs administered by the Under Secretary and 
the Director to eliminate duplication and increase in-
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104 
tegration opportunities, particularly with respect to 
technology development and test and evaluation. 
‘‘SEC. 1911. REPORT REQUIREMENT. 
‘‘The Director of Domestic Nuclear Detection shall 
submit to Congress an annual report on each of the fol-
lowing: 
‘‘(1) The global detection strategy developed 
under section 1903. 
‘‘(2) The status of implementation of such ar-
chitecture. 
‘‘(3) The schedule for future detection system 
deployments under such architecture. 
‘‘(4) The research and development program of 
the Office of Domestic Nuclear Detection. 
‘‘(5) A summary of actions taken by the Office 
during the reporting period to counter nuclear and 
radiological threats. 
‘‘SEC. 1912. ADVISORY COUNCIL ON NUCLEAR DETECTION. 
‘‘(a) ESTABLISHMENT.—Pursuant to section 871 of 
this Act, the Secretary shall establish within the Office 
of Domestic Nuclear Detection an Advisory Council on 
Nuclear Detection (in this section referred to as the ‘Advi-
sory Council’). The Advisory Council shall report to the 
Director of Domestic Nuclear Detection. 
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105 
‘‘(b) FUNCTIONS.—The Advisory Council shall, at the 
request of the Director— 
‘‘(1) advise the Director on recommendations 
for the global nuclear detection architecture devel-
oped under section 1903(a); 
‘‘(2) identify research areas for development of 
next-generation and transformational nuclear and 
radiological detection technologies; and 
‘‘(3) and have such additional responsibilities as 
the Director may assign in furtherance of the De-
partment’s homeland security mission with respect 
to enhancing domestic and international nuclear and 
radiological detection capabilities. 
‘‘(c) MEMBERSHIP.—The Advisory Council shall con-
sist of 5 members appointed by the Director, who shall— 
‘‘(1) be individuals who have an eminent knowl-
edge and technical expertise related to nuclear and 
radiological detection research and development and 
radiation detection; 
‘‘(2) be selected solely on the basis of their es-
tablished record of distinguished service; and 
‘‘(3) not be employees of the Federal Govern-
ment, other than employees of National Labora-
tories. 
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106 
‘‘(d) CONFLICT OF INTEREST RULES.—The Advisory 
Council shall establish rules for determining when one of 
its members has a conflict of interest in a matter being 
considered by the Advisory Council, and the appropriate 
course of action to address such conflicts of interest. 
‘‘SEC. 1913. INTERAGENCY COORDINATION COUNCIL. 
‘‘The President— 
‘‘(1) shall establish an interagency coordination 
council to facilitate interagency cooperation for pur-
poses of implementing this title; 
‘‘(2) shall appoint the Secretary to chair the 
interagency coordination council; and 
‘‘(3) may appoint the Attorney General, the 
Secretary of Energy, the Secretary of State, the Sec-
retary of Defense, and the heads of other appro-
priate Federal agencies to designate members to 
serve on such council. 
‘‘SEC. 1914. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to carry out 
this title— 
‘‘(1) from the amount authorized to be appro-
priated for fiscal year 2007 under section 101 of the 
Department of Homeland Security Authorization 
Act for Fiscal Year 2007, $536,000,000 for that fis-
cal year; and 
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107 
‘‘(2) such sums as may be necessary for each 
subsequent fiscal year. 
‘‘SEC. 1915. DEFINITIONS. 
‘‘In this title: 
‘‘(1) The term ‘fissile materials’ means material 
capable of undergoing nuclear fission by thermal or 
slow neutrons. 
‘‘(2) The term ‘global nuclear detection archi-
tecture’ means a multi-layered system of detectors 
deployed internationally and domestically to detect 
and interdict nuclear and radiological materials in-
tended for illicit use. 
‘‘(3) The term ‘nuclear and radiological detec-
tion system’ means any technology that is capable of 
detecting or identifying nuclear and radiological ma-
terial or explosive devices. 
‘‘(4) The term ‘radiological material’ means 
material that emits nuclear radiation. 
‘‘(5) The term ‘nuclear explosive device’ means 
an explosive device capable of producing a nuclear 
yield. 
‘‘(6) The term ‘technical reachback’ means 
technical expert support provided to operational end 
users for data interpretation and alarm resolution. 
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108 
‘‘(7) The term ‘transformational’ means that, if 
successful, will produce dramatic technological im-
provements over existing capabilities in the areas of 
performance, cost, or ease of use.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 103(d) of the Homeland Security 
Act of 2002 (6 U.S.C. 113(d)) is amended by adding 
at the end the following: 
‘‘(5) A Director of the Domestic Nuclear Detec-
tion Office.’’. 
(2) Section 302 of such Act (6 U.S.C. 182) is 
amended— 
(A) in paragraph (2) by striking ‘‘radio-
logical, nuclear’’; and 
(B) in paragraph (5)(A) by striking ‘‘radi-
ological, nuclear’’. 
(3) Section 305 of such Act (6 U.S.C. 185) is 
amended by inserting ‘‘and the Director of the Do-
mestic Nuclear Detection Office’’ after ‘‘Tech-
nology’’. 
(4) Section 308 of such Act (6 U.S.C. 188) is 
amended in each of subsections (a) and (b)(1) by in-
serting ‘‘and the Director of the Domestic Nuclear 
Detection Office’’ after ‘‘Technology’’ each place it 
appears. 
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109 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (116 
Stat. 2135) is amended by adding at the end the following: 
‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION 
‘‘Sec. 1901.Office of Domestic Nuclear Detection. 
‘‘Sec. 1902.Responsibilities of Director of the Domestic Nuclear Detection. 
‘‘Sec. 1903. Global nuclear detection architecture. 
‘‘Sec. 1904. Research and development. 
‘‘Sec. 1905. System assessments. 
‘‘Sec. 1906. Technology acquisition, deployment, support, and training. 
‘‘Sec. 1907. Situational awareness. 
‘‘Sec. 1908. Forensic analysis. 
‘‘Sec. 1909. Threat information. 
‘‘Sec. 1910. Administrative authorities. 
‘‘Sec. 1911. Report requirement. 
‘‘Sec. 1912. Advisory Council on Nuclear Detection. 
‘‘Sec. 1913. Interagency coordination council. 
‘‘Sec. 1914. Authorization of appropriations. 
‘‘Sec. 1915. Definitions.’’. 
SEC. 602. CHIEF MEDICAL OFFICER. 
(a) ESTABLISHMENT.—Title V of the Homeland Se-
curity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 512. CHIEF MEDICAL OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Medical Officer, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate. 
‘‘(b) QUALIFICATIONS.—The individual appointed as 
Chief Medical Officer shall possess a demonstrated ability 
in and knowledge of medicine and public health. 
‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer 
shall have the primary responsibility within the Depart-
ment for medical issues related to acts of terrorism, nat-
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110 
ural disasters, and other emergencies, including the fol-
lowing: 
‘‘(1) Serving as the Secretary’s principal advi-
sor on medical and public health issues. 
‘‘(2) Coordinating the biosurveillance and detec-
tion activities of the Department. 
‘‘(3) Ensuring that decision support tools link 
biosurveillance and detection information to near 
real-time response actions at the State, local, and 
tribal level. 
‘‘(4) Ensuring internal and external coordina-
tion of all medical preparedness and response activi-
ties of the Department, including training, exercises, 
and equipment support. 
‘‘(5) Serving as the Department’s primary point 
of contact on medical and public health issues with 
the Departments of Agriculture, Defense, Health 
and Human Services, Transportation, and Veterans 
Affairs, and other Federal departments or agencies. 
‘‘(6) Serving as the Department’s primary point 
of contact with respect to medical and public health 
matters. 
‘‘(7) Discharging, in coordination with the 
Under Secretary for Science and Technology, re-
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111 
sponsibilities of the Department related to Project 
Bioshield. 
‘‘(8) Establishing doctrine and priorities for the 
National Disaster Medical System and supervising 
its medical components, consistent with the National 
Response Plan and the National Incident Manage-
ment System. 
‘‘(9) Establishing doctrine and priorities for the 
Metropolitan Medical Response System, consistent 
with the National Response Plan and the National 
Incident Management System. 
‘‘(10) Performing such other duties relating to 
such responsibilities as the Secretary may require. 
‘‘(d) DEPUTY.—There is in the Department a Deputy 
Chief Medical Officer, who shall be appointed by the Sec-
retary and who shall assist the Chief Medical Officer in 
carrying out the responsibilities under subsection (c).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the items relating to title V, the following new item: 
‘‘Sec. 512. Chief Medical Officer.’’. 
SEC. 603. NATIONAL BIOSURVEILLANCE INTEGRATION SYS-
TEM. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security, acting through the Chief Medical Officer of the 
Department of Homeland Security, shall establish a Na-
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112 
tional Biosurveillance Integration System (referred to in 
this section as the ‘‘NBIS’’) to enhance the capability of 
the Federal Government to rapidly identify, characterize, 
and localize a biological event by integrating and analyzing 
data from human health, animal, plant, food, and environ-
mental monitoring systems (both national and inter-
national) into a single comprehensive system. 
(b) REQUIREMENTS.—The NBIS shall be designed to 
detect, as early as possible, a biological event that presents 
a risk to the United States or the infrastructure or key 
assets of the United States. The NBIS shall— 
(1) consolidate data from all relevant surveil-
lance systems maintained by the Department of 
Homeland Security and other governmental and pri-
vate sources, both foreign and domestic; 
(2) use an information technology system that 
uses the best available statistical and other analyt-
ical tools to automatically identify and characterize 
biological events in as close to real-time as possible; 
and 
(3) process and protect sensitive data consistent 
with requirements of applicable privacy laws includ-
ing the Health Insurance Portability and Account-
ability Act of 1996. 
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113 
(c) RESPONSIBILITIES OF THE CHIEF MEDICAL OF-
FICER
OF
THE DEPARTMENT
OF HOMELAND SECU-
RITY.— 
(1) IN GENERAL.—The Chief Medical Officer of 
the Department of Homeland Security shall— 
(A) establish an entity to perform all oper-
ations and assessments related to the NBIS; 
(B) continuously monitor the availability 
and appropriateness of data feeds and solicit 
new surveillance systems with data that would 
enhance biological situational awareness or 
overall NBIS performance; 
(C) continuously review and seek to im-
prove the statistical and other analytical meth-
ods utilized by NBIS; 
(D) establish a procedure to enable States 
and local government entities to report sus-
picious events that could warrant further as-
sessments using NBIS; 
(E) receive and consider all relevant home-
land security information; and 
(F) provide technical assistance, as appro-
priate, to all Federal, regional, State, and local 
government entities and private sector entities 
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114 
that contribute data relevant to the operation of 
NBIS. 
(2) ASSESSMENTS.—The Chief Medical Officer 
of the Department of Homeland Security shall— 
(A) continuously evaluate available data 
for evidence of a biological event; and 
(B) integrate homeland security informa-
tion with NBIS data to provide overall situa-
tional awareness and determine whether a bio-
logical event has occurred. 
(3) INFORMATION SHARING.—The Chief Med-
ical Officer of the Department of Homeland Security 
shall— 
(A) in the event that a biological event is 
detected, notify the Secretary of Homeland Se-
curity and disseminate results of NBIS assess-
ments related to that biological event to appro-
priate Federal, regional, State, and local re-
sponse entities in a timely manner to support 
decision making; 
(B) provide reports on NBIS assessments 
to Federal, regional, State, and local govern-
ments and any private sector entities, as consid-
ered appropriate by the Secretary; and 
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115 
(C) use available information sharing net-
works internal to the Department, as well as 
those within the intelligence community and op-
eration centers, for distributing NBIS incident 
or situational awareness reports. 
(d) NOTIFICATION OF CHIEF MEDICAL OFFICER OF 
THE DEPARTMENT OF HOMELAND SECURITY.—The Sec-
retary of Homeland Security shall ensure that the Chief 
Medical Officer of the Department of Homeland Security 
is notified of any threat of a biological event and receives 
all classified and unclassified reports related to threats of 
biological events in a timely manner. 
(e) ADMINISTRATIVE AUTHORITIES.— 
(1) HIRING OF EXPERTS.—The Chief Medical 
Officer of the Department of Homeland Security 
shall hire individuals with the necessary expertise to 
develop and operate the NBIS system. 
(2) DETAIL OF PERSONNEL.—Upon the request 
of the Chief Medical Officer of the Department of 
Homeland Security, the head of any Federal depart-
ment or agency may detail, on a reimbursable basis, 
any of the personnel of that department or agency 
to the Department to assist the Chief Medical Offi-
cer of the Department of Homeland Security in car-
rying out this section. 
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116 
(3) PRIVACY.—The Chief Medical Officer of the 
Department of Homeland Security shall ensure all 
applicable privacy regulations are strictly adhered to 
in the operation of the NBIS and the sharing of any 
information related to the NBIS. 
(f) JOINT BIOSURVEILLANCE LEADERSHIP COUN-
CIL.—The Chief Medical Officer of the Department of 
Homeland Security shall— 
(1) establish an interagency coordination coun-
cil to facilitate interagency cooperation to advise the 
Chief Medical Officer of the Department of Home-
land Security on recommendations to enhance the 
biosurveillance capabilities of the Department; and 
(2) invite officials of Federal agencies that con-
duct biosurveillance programs, including the Depart-
ment of Health and Human Services, the Depart-
ment of Agriculture, the Environment Protection 
Agency, and the Department of Defense, to serve on 
such council. 
(g) ANNUAL REPORT REQUIRED.—Not later than 
December 31 of each year, the Chief Medical Officer of 
the Department of Homeland Security shall submit to 
Congress a report that contains each of the following: 
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117 
(1) A list of departments, agencies, and private 
or nonprofit entities participating in the NBIS and 
the data each entity contributes to the NBIS. 
(2) An implementation plan for the NBIS that 
includes cost, schedule, and key milestones. 
(3) The status of the implementation of the 
NBIS. 
(4) The schedule for obtaining access to any 
relevant biosurveillance information not compiled in 
NBIS as of the date on which the report is sub-
mitted. 
(5) A description of the incident reporting or 
decision making protocols in effect as of the date on 
which the report is submitted and any changes made 
to such protocols during the period beginning on the 
date on which the report for the preceding year was 
submitted and ending on the date on which the re-
port is submitted. 
(6) A list of any Federal, State, or local govern-
ment entities that have direct or indirect access to 
the information that is integrated into the NBIS. 
(h) RELATIONSHIP TO OTHER DEPARTMENTS AND 
AGENCIES.—The authority of the Chief Medical Officer 
of the Department of Homeland Security under this sec-
tion shall not affect an authority or responsibility of any 
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118 
other department or agency of the Federal Government 
with respect to biosurveillance activities under any pro-
gram administered by that department or agency. 
(i) BIOLOGICAL EVENT.—For purposes of this sec-
tion, the term ‘‘biological event’’ means— 
(1) an act of terrorism that uses material of bi-
ological origins; or 
(2) a naturally occurring outbreak of an infec-
tious disease that may affect national security. 
SEC. 604. MATERIAL THREATS. 
(a) IN GENERAL.—Section 319F–2(c)(2)(A) of the 
Public Health Service Act (42 U.S.C. 247d–6b(c)(2)(A)) 
is amended— 
(1) by redesignating clauses (i) and (ii) as sub-
clauses (I) and (II), respectively; 
(2) by moving each of such subclauses two ems 
to the right; 
(3) by striking ‘‘(A) MATERIAL THREAT.—The 
Homeland Security Secretary’’ and inserting the fol-
lowing: 
‘‘(A) MATERIAL THREAT.— 
‘‘(i) IN
GENERAL.—The Homeland 
Security Secretary’’; and 
(4) by adding at the end the following clauses: 
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119 
‘‘(ii) USE OF EXISTING RISK ASSESS-
MENTS.—For the purpose of satisfying the 
requirements of clause (i) as expeditiously 
as possible, the Homeland Security Sec-
retary shall, as practicable, utilize existing 
risk assessments that such Secretary con-
siders credible. 
‘‘(iii) ORDER OF ASSESSMENTS.— 
‘‘(I) GROUPINGS TO FACILITATE 
ASSESSMENT
OF
COUNTER-
MEASURES.—In conducting threat as-
sessments and determinations under 
clause (i) of chemical, biological, radi-
ological, and nuclear agents, the 
Homeland Security Secretary shall, to 
the extent practicable and appro-
priate, consider the completion of such 
assessments and determinations for 
groups of agents toward the goal of 
facilitating the assessment of counter-
measures under paragraph (3) by the 
Secretary of Health and Human Serv-
ices. 
‘‘(II) CATEGORIES OF COUNTER-
MEASURES.—The grouping of agents 
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120 
under subclause (I) by the Homeland 
Security Secretary shall be designed 
to facilitate assessments under para-
graph (3) by the Secretary of Health 
and Human Services regarding the 
following two categories of counter-
measures: 
‘‘(aa) Countermeasures that 
may address more than one 
agent identified under clause 
(i)(II). 
‘‘(bb) Countermeasures that 
may address adverse health con-
sequences that are common to 
exposure to different agents. 
‘‘(III) 
RULE
OF
CONSTRUC-
TION.—A 
particular 
grouping 
of 
agents pursuant to subclause (II) is 
not required under such subclause to 
facilitate assessments of both cat-
egories of countermeasures described 
in such subclause. A grouping may 
concern one category and not the 
other. 
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121 
‘‘(iv) TIME FRAME FOR COMPLETION 
OF CERTAIN NATIONAL-SECURITY DETER-
MINATIONS.—With respect to chemical, bi-
ological, radiological, and nuclear agents 
known to the Homeland Security Secretary 
as of the day before the date of the enact-
ment of this Act, and which such Secretary 
considers to be capable of significantly af-
fecting national security, such Secretary 
shall complete the determinations under 
clause (i)(II) not later than December 31, 
2007. 
‘‘(v) DEFINITION.—For purposes of 
this subparagraph, the term ‘risk assess-
ment’ means a scientific, technically-based 
analysis of agents that incorporates threat, 
vulnerability, and consequence informa-
tion.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
510(d) of the Homeland Security Act of 2002 (6 U.S.C. 
320(d)) is amended— 
(1) in paragraph (1), by striking ‘‘2006,’’ and 
inserting ‘‘2009,’’; and 
(2) by adding at the end the following: 
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122 
‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO-
PRIATIONS
REGARDING
CERTAIN
THREAT
ASSESS-
MENTS.—For the purpose of providing an additional 
amount to the Secretary to assist the Secretary in 
meeting the requirements of clause (iv) of section 
319F–2(c)(2)(A)) of the Public Health Service Act 
(relating to time frames), there are authorized to be 
appropriated such sums as may be necessary for fis-
cal year 2007, in addition to the authorization of ap-
propriations established in paragraph (1). The pur-
poses for which such additional amount may be ex-
pended include conducting risk assessments regard-
ing clause (i)(II) of such section when there are no 
existing risk assessments that the Secretary con-
siders credible.’’. 
SEC. 605. STUDY ON NATIONAL BIODEFENSE TRAINING. 
(a) STUDY REQUIRED.—The Secretary of Homeland 
Security shall, in consultation with the Secretary of De-
fense and the Secretary for Health and Human Services, 
conduct a study to determine the staffing and training re-
quirements for pending capital programs to construct bio-
defense laboratories (including agriculture and animal lab-
oratories) at Biosafety Level 3 and Biosafety Level 4 or 
to expand current biodefense laboratories to such biosafety 
levels. 
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123 
(b) ELEMENTS.—In conducting the study, the Sec-
retary of Homeland Security shall address the following: 
(1) The number of trained personnel, by dis-
cipline and qualification level, required for existing 
biodefense laboratories at Biosafety Level 3 and Bio-
safety Level 4. 
(2) The number of research and support staff, 
including researchers, laboratory technicians, animal 
handlers, facility managers, facility or equipment 
maintainers, biosecurity personnel (including bio-
safety, physical, and electronic security personnel), 
and other safety personnel required to manage bio-
defense research efforts to combat bioterrorism at 
the biodefense laboratories described in subsection 
(a). 
(3) The training required to provide the per-
sonnel described by paragraphs (1) and (2), includ-
ing the type of training (whether classroom, labora-
tory, or field training) required, the length of train-
ing required by discipline, and the curriculum re-
quired to be developed for such training. 
(4) Training schedules necessary to meet the 
scheduled openings of the biodefense laboratories de-
scribed in subsection (a), including schedules for re-
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124 
fresher training and continuing education that may 
be necessary for that purpose. 
(c) REPORT.—Not later than December 31, 2006, the 
Secretary of Homeland Security shall submit to Congress 
a report setting forth the results of the study conducted 
under this section. 
SEC. 606. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY ADVISORY COMMITTEE. 
Section 311(j) of the Homeland Security Act of 2002 
(6 U.S.C. 191(j)) is amended to read as follows: 
‘‘(j) TERMINATION.—The Department of Homeland 
Security Science and Technology Advisory Committee 
shall terminate on the date that is 10 years after the date 
on which it was established.’’. 
TITLE 
VII—HOMELAND 
SECU-
RITY INFRASTRUCTURE PRO-
TECTION 
AND 
CYBERSECURITY 
ENHANCE-
MENT 
SEC. 
701. 
INFRASTRUCTURE 
PROTECTION 
AND 
CYBERSECURITY. 
(a) IN GENERAL.—Title II of the Homeland Security 
Act of 2002 is amended by adding at the end the following 
new subtitle: 
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125 
‘‘Subtitle E—Infrastructure 
Protection and Cybersecurity 
‘‘SEC. 241. OFFICE OF INFRASTRUCTURE PROTECTION. 
‘‘(a) IN GENERAL.—There is in the Department an 
Office of Infrastructure Protection. 
‘‘(b) ASSISTANT SECRETARY FOR INFRASTRUCTURE 
PROTECTION.—The head of the Office shall be the Assist-
ant Secretary for Infrastructure Protection. 
‘‘(c) RESPONSIBILITIES
OF
THE ASSISTANT SEC-
RETARY.—The Assistant Secretary shall carry out the re-
sponsibilities of the Department regarding infrastructure 
protection. Such responsibilities shall include the fol-
lowing: 
‘‘(1) To identify and carry out comprehensive 
risk assessments of key resources and critical infra-
structure of the United States, to determine the 
risks posed by particular types of terrorist attacks 
within the United States (including an assessment of 
the probability of success of such attacks and the 
feasibility and potential efficacy of various counter-
measures to such attacks). 
‘‘(2) To develop and maintain a comprehensive 
national plan for securing the key resources and 
critical infrastructure of the United States, in ac-
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126 
cordance with Homeland Security Presidential Di-
rective 7. 
‘‘(3) To recommend measures necessary to pro-
tect the key resources and critical infrastructure of 
the United States in coordination with other Federal 
Departments and agencies and in consultation with 
State, local, and tribal government agencies and au-
thorities, and the private sector. 
‘‘(4) To coordinate and implement, as appro-
priate, preparedness efforts to ensure that critical 
infrastructure and key resources efforts are fully in-
tegrated and coordinated with the response and re-
covery activities of the Department. 
‘‘(5) To establish and maintain partnerships 
and information sharing processes with Federal, 
State, local, and tribal governments, the private sec-
tor, and international governments and organiza-
tions to enhance coordination of critical infrastruc-
ture and key resource efforts. 
‘‘(6) To coordinate with the Under Secretary 
for Intelligence and Analysis and elements of the in-
telligence community and with Federal, State, local, 
and tribal law enforcement agencies, and the private 
sector, as appropriate. 
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127 
‘‘(7) To provide the Secretary with an annual 
summary of national critical infrastructure protec-
tion efforts and priorities and to provide, in con-
sultation with the appropriate Department official 
with primary responsibility for grants, recommenda-
tions for Federal critical infrastructure protection 
funding. 
‘‘(8) In carrying out responsibilities under para-
graphs (1) and (2), to consult with other Federal, 
State, local, and tribal government agencies and au-
thorities as appropriate. 
‘‘(9) To perform other such duties relating to 
such responsibilities as the Secretary may provide. 
‘‘(d) INTEGRATION CENTER.— 
‘‘(1) IN
GENERAL.—There is an Integration 
Center in the Office of Infrastructure Protection, 
which shall be staffed by the Office of Infrastructure 
Protection, the Office of Cybersecurity and Tele-
communications, and the Office of Intelligence and 
Analysis. 
‘‘(2) RESPONSIBILITIES.—The Integration Cen-
ter shall— 
‘‘(A) be responsible for the integration of 
relevant threat, consequence, and vulnerability 
information, analysis, and assessments (whether 
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