128 
such information, analysis, or assessments are 
provided or produced by the Department or 
others) in order to identify priorities for protec-
tive and support measures by the Department, 
other Federal departments and agencies, State, 
local, and tribal government agencies and au-
thorities, the private sector, and other entities; 
and 
‘‘(B) develop and disseminate analytical 
products that combine homeland security infor-
mation with critical infrastructure and key re-
source vulnerability and consequence informa-
tion. 
‘‘(3) CRITICAL
INFRASTRUCTURE
INFORMA-
TION.—The Secretary shall ensure that the Depart-
ment makes full and efficient use of open-source in-
formation to analyze United States critical infra-
structure from the perspective of terrorists using 
publicly available information. 
‘‘(e) STAFF.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that the Office has staff that possess appropriate ex-
pertise and experience to assist the Assistant Sec-
retary in discharging responsibilities under this sec-
tion. 
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129 
‘‘(2) PRIVATE
SECTOR
STAFF.—Staff under 
this subsection may include individuals from the pri-
vate sector. 
‘‘(3) SECURITY CLEARANCES.—Staff under this 
subsection shall possess security clearances appro-
priate for their work under this section. 
‘‘(f) DETAIL OF PERSONNEL.— 
‘‘(1) IN GENERAL.—In order to assist the Of-
fice in discharging responsibilities under this section, 
personnel of other Federal departments and agencies 
may be detailed to the Department for the perform-
ance of analytic functions and related duties. 
‘‘(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary and the head of the Federal department or 
agency concerned may enter into cooperative agree-
ments for the purpose of detailing personnel under 
this subsection. 
‘‘(3) BASIS.—The detail of personnel under this 
subsection may be on a reimbursable or non-reim-
bursable basis. 
‘‘(g) REPROGRAMMING.—The Secretary may not re-
program any funds allocated to the Office of Infrastruc-
ture Protection until 60 days after the Secretary submits 
to the Committees on Appropriations of the Senate and 
House of Representatives, the Committee on Homeland 
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130 
Security and Governmental Affairs of the Senate, and the 
Committee on Homeland Security of the House of Rep-
resentatives written notification of the reprogramming. 
‘‘SEC. 
242. 
OFFICE 
OF 
CYBERSECURITY 
AND 
TELE-
COMMUNICATIONS. 
‘‘(a) IN GENERAL.—There is in the Department an 
Office of Cybersecurity and Telecommunications. 
‘‘(b) ASSISTANT SECRETARY FOR CYBERSECURITY 
AND TELECOMMUNICATIONS.—The head of the Office 
shall be the Assistant Secretary for Cybersecurity and 
Telecommunications. 
‘‘(c) RESPONSIBILITIES
OF
THE ASSISTANT SEC-
RETARY.—The Assistant Secretary shall carry out the re-
sponsibilities of the Department regarding cybersecurity 
and telecommunications. Such responsibilities shall in-
clude the following: 
‘‘(1) To establish and manage— 
‘‘(A) a national cybersecurity response sys-
tem that includes the ability to— 
‘‘(i) analyze the effect of cybersecurity 
threat information on national critical in-
frastructure identified by the President; 
and 
‘‘(ii) aid in the detection and warning 
of potential vulnerabilities or attacks that 
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131 
could cause widespread disruption of 
cybersecurity infrastructure and in the res-
toration of such infrastructure in the after-
math of such attacks; 
‘‘(B) a national cybersecurity threat and 
vulnerability reduction program which conducts 
risk assessments on information technology sys-
tems, identifies and prioritize vulnerabilities in 
critical information infrastructure, and coordi-
nates the mitigation of such vulnerabilities; 
‘‘(C) an emergency communications pro-
gram to ensure communications systems and 
procedures are in place to exchange information 
during disasters; 
‘‘(D) a continuity of operations program to 
plan and allocate resources for the continuation 
of critical information operations in the event of 
a large scale disruption of the information in-
frastructure and to coordinate a response; 
‘‘(E) a reconstitution program to ensure 
that priorities, procedures, and resources are in 
place to reconstitute critical information infra-
structures. This program should clearly delin-
eate roles and responsibilities of the Depart-
ment, other federal agencies and private sector; 
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132 
‘‘(F) a resiliency program that will support 
basic and fundamental research to improve the 
reliability and security of network protocols; 
‘‘(G) 
a 
national 
public-private 
cybersecurity awareness, training, and edu-
cation program that promotes Internet security 
awareness among all enduser groups; 
‘‘(H) a government cybersecurity program 
to coordinate and consult with Federal, State, 
and 
local 
governments 
to 
enhance 
their 
cybersecurity programs; and 
‘‘(I) an international cybersecurity co-
operation program to help foster Federal efforts 
to enhance international cybersecurity aware-
ness and cooperation. 
‘‘(2) To coordinate and to leverage existing ef-
forts within the private sector on the program under 
paragraph (1) as appropriate and to promote 
cybersecurity information sharing, vulnerability as-
sessment, and threat warning regarding critical in-
frastructure. 
‘‘(3) To coordinate with the Under Secretary 
for Intelligence and Analysis and the Assistant Sec-
retary for Infrastructure Protection to provide rel-
evant and timely homeland security information to 
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133 
the appropriate private sector information infra-
structure 
stakeholders 
regarding 
potential 
vulnerabilities or attacks. 
‘‘(4) To coordinate with other directorates and 
offices within the Department and with other Fed-
eral agencies, as appropriate, with respect to the 
cybersecurity aspects of such directorates, offices, 
and agencies. 
‘‘(5) To coordinate with the Department official 
with primary responsibility for emergency prepared-
ness to ensure that the National Response Plan de-
veloped includes appropriate measures for the recov-
ery of the cybersecurity elements of critical infra-
structure. 
‘‘(6) To promote voluntary cybersecurity best 
practices, standards, and benchmarks that are re-
sponsive to rapid technology changes and to the se-
curity needs of critical infrastructure. 
‘‘(7) To coordinate with the Chief Information 
Officer of the Department in establishing a secure 
information sharing architecture and information 
sharing processes, including with respect to the De-
partment’s operation centers. 
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134 
‘‘(8) To consult with the Electronic Crimes 
Task Force of the United States Secret Service on 
private sector outreach and information activities. 
‘‘(9) To consult with the appropriate Depart-
ment official with primary responsibility for grants 
to ensure that realistic cybersecurity scenarios are 
incorporated into training exercises, including table-
top and recovery exercises. 
‘‘(10) To consult and coordinate with the As-
sistant Secretary for Infrastructure Protection, the 
Under Secretary for Science and Technology, and, 
where appropriate, with other relevant Federal de-
partments and agencies, as well as private sector 
stakeholders, on the security of digital control sys-
tems, such as Supervisory Control and Data Acquisi-
tion (SCADA) systems. 
‘‘(11) To consult and coordinate with the Under 
Secretary 
of 
Science 
and 
Technology 
on 
cybersecurity research and development require-
ments. 
‘‘(d) REPORTING.—Not later than one year after the 
date of the enactment of this section, the Secretary shall 
submit to Congress a report on the programs that imple-
ment or support the requirements of this section and the 
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135 
coordination of the Assistant Secretary with the private 
sector in meeting these responsibilities. 
‘‘(e) DEADLINE FOR NOMINATION.—Not later than 
90 days after the date of the enactment of this section, 
the President shall nominate an individual to serve as the 
Assistant Secretary for Cybersecurity and Telecommuni-
cations. 
‘‘(f) STAFF.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
the Office of Cybersecurity and Telecommunications 
with a staff having appropriate expertise and experi-
ence to assist the Assistant Secretary in discharging 
responsibilities under this section. 
‘‘(2) SECURITY CLEARANCES.—Staff under this 
subsection shall possess security clearances appro-
priate for their work under this section. 
‘‘(g) DETAIL OF PERSONNEL.— 
‘‘(1) IN GENERAL.—In order to assist the As-
sistant Secretary for Cybersecurity and Tele-
communications in discharging the responsibilities of 
the Assistant Secretary under this section, personnel 
of other Federal departments and agencies may be 
detailed to the Department for the performance of 
analytic functions and related duties. 
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136 
‘‘(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary and the head of a Federal department or 
agency concerned may enter into cooperative agree-
ments for the purpose of detailing personnel under 
this subsection. 
‘‘(3) BASIS.—The detail of personnel under this 
subsection may be on a reimbursable or non-reim-
bursable basis. 
‘‘(h) REPROGRAMMING.—The Secretary may not re-
program any funds allocated to the Office of Cybersecurity 
and Telecommunications until 60 days after the Secretary 
submits to the Committees on Appropriations of the Sen-
ate and House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate, and the Committee on Homeland Security of the 
House of Representatives written notification of the re-
programming.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the items relating to subtitle D of title II the following: 
‘‘Subtitle E—Infrastructure Protection and Cybersecurity 
‘‘Sec. 241. Office of Infrastructure Protection. 
‘‘Sec. 242. Office of Cybersecurity and Telecommunications.’’. 
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137 
SEC. 
702. 
CYBERSECURITY 
TRAINING 
PROGRAM 
AND 
EQUIPMENT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Assistant Secretary of Homeland 
Security for Cybersecurity and Telecommunications, may 
establish, in conjunction with the National Science Foun-
dation, 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 of Homeland Security, acting through 
the Assistant Secretary of Homeland Security for 
Cybersecurity and Telecommunications and in con-
sultation with the Director of the National Science 
Foundation, shall establish the goals for the pro-
gram 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-
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138 
erate the program established under this section 
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 and 
Telecommunications in selecting 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 to be appropriated under section 101 
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139 
for fiscal year 2007, $3,700,000 is to carry out this sec-
tion for that fiscal year. 
(e) DEFINITION.—For purposes of this section, the 
term ‘‘institution 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)). 
TITLE VIII—GRANTS 
ADMINISTRATION 
SEC. 801. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is fur-
ther amended— 
(1) in section 1(b) in the table of contents by 
adding at the end the following: 
‘‘TITLE XX—FUNDING FOR FIRST RESPONDERS 
‘‘Sec. 2001. Definitions. 
‘‘Sec. 2002. Faster and Smarter Funding for First Responders. 
‘‘Sec. 2003. Covered grant eligibility and criteria. 
‘‘Sec. 2004. Risk-based evaluation and prioritization. 
‘‘Sec. 2005. Use of funds.’’; 
and 
(2) by adding at the end the following: 
‘‘TITLE XX—FUNDING FOR FIRST 
RESPONDERS 
‘‘SEC. 2001. DEFINITIONS. 
‘‘In this title: 
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140 
‘‘(1) BOARD.—The term ‘Board’ means the 
First Responder Grants Board established under 
section 2004. 
‘‘(2) COVERED
GRANT.—The term ‘covered 
grant’ means any grant to which this title applies 
under section 2002. 
‘‘(3) DIRECTLY
ELIGIBLE
TRIBE.—The term 
‘directly eligible tribe’ means any Indian tribe or 
consortium of Indian tribes that— 
‘‘(A) meets the criteria for inclusion in the 
qualified applicant pool for Self-Governance 
that are set forth in section 402(c) of the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 458bb(c)); 
‘‘(B) employs at least 10 full-time per-
sonnel in a law enforcement or emergency re-
sponse agency with the capacity to respond to 
calls for law enforcement or emergency services; 
and 
‘‘(C)(i) is located on, or within 5 miles of, 
an international border or waterway; 
‘‘(ii) is located within 5 miles of a facility 
designated as high-risk critical infrastructure 
by the Secretary; 
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141 
‘‘(iii) is located within or contiguous to one 
of the 50 largest metropolitan statistical areas 
in the United States; or 
‘‘(iv) has more than 1,000 square miles of 
Indian country, as that term is defined in sec-
tion 1151 of title 18, United States Code. 
‘‘(4) ELEVATIONS
IN
THE
THREAT
ALERT 
LEVEL.—The term ‘elevations in the threat alert 
level’ means any designation (including those that 
are less than national in scope) that raises the 
homeland security threat level to either the highest 
or second highest threat level under the Homeland 
Security Advisory System referred to in section 
201(d)(7). 
‘‘(5) EMERGENCY PREPAREDNESS.—The term 
‘emergency preparedness’ shall have the same mean-
ing that term has under section 602 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5195a). 
‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es-
sential capabilities’ means the levels, availability, 
and competence of emergency personnel, planning, 
training, and equipment across a variety of dis-
ciplines needed to effectively and efficiently prevent, 
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142 
prepare for, respond to, and recover from acts of 
terrorism consistent with established practices. 
‘‘(7) FIRST RESPONDER.—The term ‘first re-
sponder’ shall have the same meaning as the term 
‘emergency response provider’. 
‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaskan 
Native village or regional or village corporation as 
defined in or established pursuant to the Alaskan 
Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), which is recognized as eligible for the special 
programs and services provided by the United States 
to Indians because of their status as Indians. 
‘‘(9) REGION.—The term ‘region’ means— 
‘‘(A) any geographic area consisting of all 
or parts of 2 or more contiguous States, coun-
ties, municipalities, or other local governments 
that have a combined population of at least 
1,650,000 or have an area of not less than 
20,000 square miles, and that, for purposes of 
an application for a covered grant, is rep-
resented by 1 or more governments or govern-
mental agencies within such geographic area, 
and that is established by law or by agreement 
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143 
of 2 or more such governments or governmental 
agencies in a mutual aid agreement; or 
‘‘(B) any other combination of contiguous 
local government units (including such a com-
bination established by law or agreement of two 
or more governments or governmental agencies 
in a mutual aid agreement) that is formally cer-
tified by the Secretary as a region for purposes 
of this Act with the consent of— 
‘‘(i) the State or States in which they 
are located, including a multi-State entity 
established by a compact between two or 
more States; and 
‘‘(ii) the incorporated municipalities, 
counties, and parishes that they encom-
pass. 
‘‘(10) TERRORISM PREPAREDNESS.—The term 
‘terrorism preparedness’ means any activity designed 
to improve the ability to prevent, prepare for, re-
spond to, mitigate against, or recover from threat-
ened or actual terrorist attacks. 
‘‘SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RE-
SPONDERS. 
‘‘(a) COVERED GRANTS.—This title applies to grants 
provided by the Department to States, regions, or directly 
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144 
eligible tribes for the primary purpose of improving the 
ability of first responders to prevent, prepare for, respond 
to, mitigate against, or recover from threatened or actual 
terrorist attacks, especially those involving weapons of 
mass destruction, administered under the following: 
‘‘(1) STATE HOMELAND SECURITY GRANT PRO-
GRAM.—The State Homeland Security Grant Pro-
gram of the Department, or any successor to such 
grant program. 
‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 
Urban Area Security Initiative of the Department, 
or any successor to such grant program. 
‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN-
TION PROGRAM.—The Law Enforcement Terrorism 
Prevention Program of the Department, or any suc-
cessor to such grant program. 
‘‘(b) EXCLUDED PROGRAMS.—This title does not 
apply to or otherwise affect the following Federal grant 
programs or any grant under such a program: 
‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed-
eral grant program that is not administered by the 
Department. 
‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 
programs authorized by sections 33 and 34 of the 
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