SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The 9/11 Commission determined that the in-
ability of first responders to communicate effectively 
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 
2,912 projects through Department of Homeland Se-
curity grant programs for the purposes of improving 
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 modi-
fications, and agreements among the different juris-
dictions that are necessary to implement effective 
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 communications 
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-
ment to improve public safety communications inter-
operability, and has developed the RAPIDCOM pro-
gram, the Statewide Communications Interoperability 
Planning Methodology, and a Statement of Require-
ments to provide technical, planning, and purchasing 
assistance for Federal departments and agencies, 
State and local governments, and first responders. 
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the Department of Homeland Security should im-
plement as expeditiously as possible the initiatives assigned 
to the Office for Interoperability and Compatibility under 
section 7303 of the Intelligence Reform and Terrorism Pre-
vention 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 estab-
lishment of consistent, secure, and effective interoper-
able communications capabilities. 
(4) Completing the report to the Congress on the 
Department’s plans for accelerating the development 
of national voluntary consensus standards for public 
safety interoperable communications, a schedule of 
milestones for such development, and achievements 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 Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate by no later than 120 
days after the date of the enactment of this Act regarding 
how the Department of Homeland Security will implement 
the applicable recommendations from the Government Ac-
countability Office report entitled ‘‘Homeland Security: 
Much is Being Done to Protect Agriculture from a Terrorist 
Attack, but Important Challenges Remain’’ (GAO–05–214). 
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. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
amended by adding at the end the following:
‘‘SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY. 
‘‘(a) IN GENERAL.—There shall be in the Directorate 
for Information Analysis and Infrastructure Protection a 
National Cybersecurity Office headed by an Assistant Sec-
retary for Cybersecurity (in this section referred to as the 
‘Assistant Secretary’), who shall assist the Secretary in pro-
moting cybersecurity for the Nation. 
‘‘(b) GENERAL AUTHORITY.—The Assistant Secretary, 
subject to the direction and control of the Secretary, shall 
have primary authority within the Department for all 
cybersecurity-related critical infrastructure protection pro-
grams of the Department, including with respect to policy 
formulation and program management. 
‘‘(c) RESPONSIBILITIES.—The responsibilities of the 
Assistant Secretary shall include 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; and 
‘‘(ii) aid in the detection and warning 
of attacks on, and in the restoration of, 
cybersecurity infrastructure in the after-
math of such attacks;
‘‘(B) a national cybersecurity threat and 
vulnerability reduction program that identifies 
cybersecurity vulnerabilities that would have a 
national effect on critical infrastructure, per-
forms vulnerability assessments on information 
technologies, and coordinates the mitigation of 
such vulnerabilities; 
‘‘(C) a national cybersecurity awareness 
and
training
program
that
promotes 
cybersecurity awareness among the public and 
the private sectors and promotes cybersecurity 
training and education programs; 
‘‘(D) a government cybersecurity program 
to coordinate and consult with Federal, State, 
and
local
governments
to
enhance
their 
cybersecurity programs; and 
‘‘(E) a national security and international 
cybersecurity cooperation program to help foster 
Federal
efforts
to
enhance
international 
cybersecurity awareness and cooperation. 
‘‘(2) To coordinate with the private sector on the 
program under paragraph (1) as appropriate, and to 
promote cybersecurity information sharing, vulner-
ability assessment, and threat warning regarding 
critical infrastructure.
‘‘(3) To coordinate with other directorates and 
offices within the Department on the cybersecurity as-
pects of their missions. 
‘‘(4) To coordinate with the Under Secretary for 
Emergency Preparedness and Response to ensure that 
the National Response Plan developed pursuant to 
section 502(6) of the Homeland Security Act of 2002 
(6 U.S.C. 312(6)) includes appropriate measures for 
the recovery of the cybersecurity elements of critical 
infrastructure. 
‘‘(5) To develop processes for information shar-
ing with the private sector, consistent with section 
214, that— 
‘‘(A) promote voluntary cybersecurity best 
practices, standards, and benchmarks that are 
responsive to rapid technology changes and to 
the security needs of critical infrastructure; and 
‘‘(B) consider roles of Federal, State, local, 
and foreign governments and the private sector, 
including the insurance industry and auditors. 
‘‘(6) To coordinate with the Chief Information 
Officer of the Department in establishing a secure in-
formation sharing architecture and information shar-
ing processes, including with respect to the Depart-
ment’s operation centers.
‘‘(7) To consult with the Electronic Crimes Task 
Force of the United States Secret Service on private 
sector outreach and information activities. 
‘‘(8) To consult with the Office for Domestic Pre-
paredness to ensure that realistic cybersecurity sce-
narios are incorporated into tabletop and recovery ex-
ercises. 
‘‘(9) To consult and coordinate, as appropriate, 
with other Federal agencies on cybersecurity-related 
programs, policies, and operations. 
‘‘(10) To consult and coordinate within the De-
partment and, where appropriate, with other relevant 
Federal agencies, on security of digital control sys-
tems, such as Supervisory Control and Data Acquisi-
tion (SCADA) systems. 
‘‘(d) AUTHORITY OVER THE NATIONAL COMMUNICA-
TIONS SYSTEM.—The Assistant Secretary shall have pri-
mary authority within the Department over the National 
Communications System.’’. 
(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 subtitle A of title II the following: 
‘‘Sec. 207. Assistant Secretary for Cybersecurity.’’. 
SEC. 313. CYBERSECURITY DEFINED. 
Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended by adding at the end the following:
‘‘(17)(A) The term ‘cybersecurity’ means the pre-
vention of damage to, the protection of, and the res-
toration of computers, electronic communications sys-
tems, electronic communication services, wire commu-
nication, and electronic communication, including in-
formation contained therein, to ensure its avail-
ability, integrity, authentication, confidentiality, and 
nonrepudiation. 
‘‘(B) In this paragraph— 
‘‘(i) each of the terms ‘damage’ and ‘com-
puter’ has the meaning that term has in section 
1030 of title 18, United States Code; and 
‘‘(ii) each of the terms ‘electronic commu-
nications
system’,
‘electronic
communication 
service’, ‘wire communication’, and ‘electronic 
communication’ has the meaning that term has 
in section 2510 of title 18, United States Code.’’. 
SEC.
314.
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 Secretary 
for Cybersecurity and in consultation with the Direc-
tor of the National Science Foundation, shall establish 
the goals for the program established under this sec-
tion and the criteria for awarding grants under the 
program. 
(2) NATIONAL SCIENCE FOUNDATION.—The Di-
rector of the National Science Foundation shall oper-
ate the program established under this section con-
sistent with the goals and criteria established under 
paragraph (1), including soliciting applicants, re-
viewing applications, and making and administering 
grant awards. The Director may consult with the As-
sistant
Secretary
for
Cybersecurity
in
selecting 
awardees.
(3) FUNDING.—The Secretary shall transfer to 
the National Science Foundation the funds necessary 
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 practicable, 
ensure geographic diversity and the participation 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 
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. 315. INFORMATION SECURITY REQUIREMENTS AND 
OMB RESPONSIBILITIES NOT AFFECTED. 
(a) IN GENERAL.—This subtitle does not affect— 
(1) any information security requirement under 
any other Federal law; or 
(2) the responsibilities of the Director of the Of-
fice of Management and Budget under any other Fed-
eral law. 
(b) LAWS INCLUDED.—The laws referred to in sub-
section (a) include the following: 
(1) Chapter 35 of title 44, United States Code, 
popularly known as the Paperwork Reduction Act. 
(2) The Clinger-Cohen Act of 1996 (divisions D 
and E of Public Law 104–106), including the provi-
sions of law enacted by amendments made by that 
Act. 
(3) The Federal Information Security Manage-
ment Act of 2002 (title III of Public Law 107–347), 
including the provisions of law enacted by amend-
ments made by that Act. 
Subtitle C—Security of Public 
Transportation Systems 
SEC. 321. SECURITY BEST PRACTICES. 
Not later than 120 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall de-
velop, disseminate to appropriate owners, operators, and
providers of public transportation systems, public transpor-
tation employees and employee representatives, and Fed-
eral, State, and local officials, and transmit to Congress, 
a report containing best practices for the security of public 
transportation systems. In developing best practices, the 
Secretary shall be responsible for consulting with and col-
lecting input from owners, operators, and providers of pub-
lic transportation systems, public transportation employee 
representatives, first responders, industry associations, pri-
vate sector experts, academic experts, and appropriate Fed-
eral, State, and local officials. 
SEC. 322. PUBLIC AWARENESS. 
Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall develop 
a national plan for public outreach and awareness. Such 
plan shall be designed to increase awareness of measures 
that the general public, public transportation passengers, 
and public transportation employees can take to increase 
public transportation system security. Such plan shall also 
provide outreach to owners, operators, providers, and em-
ployees of public transportation systems to improve their 
awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources 
to improve public transportation security. Not later than 
9 months after the date of enactment of this Act, the Sec-
retary shall implement the plan developed under this sec-
tion. 
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 Sec-
retary
of
Homeland
Security
shall
complete
the 
prioritization of the Nation’s critical infrastructure accord-
ing to all of the following criteria: 
(1) The threat of terrorist attack, based on threat 
information received and analyzed by the Office of 
Information Analysis of the Department regarding 
the intentions and capabilities of terrorist groups and 
other potential threats to the Nation’s critical infra-
structure. 
(2) The likelihood that an attack would cause the 
destruction or significant disruption of such infra-
structure. 
(3) The likelihood that an attack would result in 
substantial numbers of deaths and serious bodily in-
juries, a substantial adverse impact on the national 
economy, or a substantial adverse impact on national 
security.
(b) COOPERATION.—Such prioritization shall be devel-
oped in cooperation with other relevant Federal agencies, 
State, local, and tribal governments, and the private sector, 
as appropriate. 
SEC. 332. SECURITY REVIEW. 
(a) REQUIREMENT.—Not later than 9 months after the 
date of the enactment of this Act, the Secretary, in coordina-
tion with other relevant Federal agencies, State, local, and 
tribal governments, and the private sector, as appropriate, 
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 efforts 
of other Federal, State, local, and tribal agencies and 
the private sector, as appropriate, as directed in 
Homeland Security Presidential Directive 7. 
(b)
CONTENTS
OF
PLANS.—The
recommendations 
made under subsection (a)(2) shall include—
(1) necessary protective measures to secure such 
infrastructure, including milestones and timeframes 
for implementation; and 
(2) to the extent practicable, performance metrics 
to evaluate the benefits to both national security and 
the Nation’s economy from the implementation of 
such protective measures. 
SEC. 333. IMPLEMENTATION REPORT. 
(a) IN GENERAL.—Not later than 15 months after the 
date of the enactment of this Act, the Secretary shall submit 
a report to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate on the im-
plementation of section 332. Such report shall detail— 
(1) the Secretary’s review and coordination of se-
curity 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 submis-
sion of the report under subsection (a), the Secretary shall 
provide an update of such report to the congressional com-
mittees described in subsection (a).
SEC. 334. PROTECTION OF INFORMATION. 
Information that is generated, compiled, or dissemi-
nated by the Department of Homeland Security in carrying 
out this section— 
(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— 
(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 consent 
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. 
TITLE IV—MISCELLANEOUS 
SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDI-
NATION AND OPERATIONS. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) In creating the Department of Homeland Se-
curity, the Congress sought to enhance the Nation’s
capabilities to prevent, protect against, and respond 
to terrorist acts by consolidating existing Federal 
agencies with homeland security functions into a sin-
gle new Department, and by realigning the missions 
of those legacy agencies to more directly support our 
national homeland security efforts. 
(2) As part of this massive government reorga-
nization, section 442 of the Homeland Security Act of 
2002 (Public Law 107–273) established a Bureau of 
Border Security and transferred into it all of the 
functions, programs, personnel, assets, and liabilities 
pertaining to the following programs: the Border Pa-
trol; alien detention and removal; immigration-re-
lated intelligence, investigations, and enforcement ac-
tivities; and immigration inspections at ports of 
entry. 
(3) 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. 
(4) Utilizing its reorganization authority pro-
vided in the Homeland Security Act of 2002, the 
President submitted a reorganization plan for the De-
partment on January 30, 2003.
(5) 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 Pro-
tection. 
(6) The plan also combined the customs and im-
migration enforcement agents, as well as the Office of 
Detention and Removal Operations, the Office of Fed-
eral Protective Service, the Office of Federal Air Mar-
shal Service, and the Office of Intelligence, into an-
other new entity called United States Immigration 
and Customs Enforcement. 
(7) 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 enforcement 
activities, which was contrary to the single Bureau of 
Border Security as prescribed by the Congress in the 
section 441 of the Homeland Security Act of 2002. 
(8) Two years after this structure has been in ef-
fect, questions remain about whether the Department 
has organized itself properly, and is managing its 
customs and immigration enforcement and border se-
curity resources in the most efficient, sensible, and ef-
fective manner.
(9) The current structure has resulted in less co-
operation and information sharing between these two 
critical functions than is desirable, and has caused 
operational and administrative difficulties that are 
hampering efforts to secure our borders and ensure the 
integrity of our border control system. 
(10) 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 func-
tions. These budget shortfalls have forced United 
States Immigration and Customs Enforcement to im-
pose hiring freezes and to release aliens that otherwise 
should be detained. 
(11) The current structure also has resulted in 
unnecessary overlap and duplication between United 
States Immigration and Customs Enforcement and 
United States Customs and Border Protection, both 
in the field and at the headquarters level. There are 
intelligence, legislative affairs, public affairs, and 
international affairs offices in both agencies. 
(12) Border security and customs and immigra-
tion enforcement should be one seamless mission. 
(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 cur-
rent 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 Con-
gress. 
(2) CONTENTS OF REPORT.—The report shall in-
clude— 
(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 
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) an analysis of alternative organiza-
tional structures that could provide a more effec-
tive way to deliver maximum efficiencies and 
mission success; 
(D) 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; 
(E) an analysis of whether the Federal Air 
Marshals and the Federal Protective Service are 
properly located within the Department within 
United States Immigration and Customs En-
forcement; 
(F) 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; 
(G) the potential costs of reorganization, in-
cluding
financial,
programmatic,
and
other 
costs, to the Department; and 
(H)
recommendations
for
correcting
the 
operational and administrative problems that 
have been caused by the division of United States 
Customs and Border Protection and United 
States Immigration and Customs Enforcement, 
including any appropriate reorganization plans.
SEC. 402. GAO REPORT TO CONGRESS. 
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 Congress a report that sets forth— 
(1) an assessment of the effectiveness of the orga-
nizational and management structure of the Depart-
ment of Homeland Security in meeting the Depart-
ment’s missions; and 
(2) recommendations to facilitate and improve 
the organization and management of the Department 
to best meet those missions. 
SEC. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND 
COLOCATED REGIONAL OFFICES. 
Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall de-
velop and submit to the Congress a plan for establishing 
consolidated and colocated regional offices for the Depart-
ment of Homeland Security in accordance with section 706 
of the Homeland Security Act of 2002 (6 U.S.C. 346). 
SEC. 404. 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 secu-
rity screening checkpoints at commercial service air-
ports so that average peak waiting periods at such 
checkpoints do not exceed 20 minutes; and 
(2) to ensure that there are no significant dis-
parities in immigration and customs processing times 
among airports that serve as international gateways. 
SEC. 405. 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), the Secretary shall not 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 Se-
curity Act of 2002 (6 U.S.C. 101)).’’.
SEC. 406. 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 In-
dian reservation (commonly known as the ‘Shadow Wolves’ 
unit). 
(b) ESTABLISHMENT OF NEW UNITS.—The Secretary 
is authorized to establish within the Bureau of Immigration 
and Customs Enforcement additional units of Customs Pa-
trol Officers in accordance with this section. 
(c) DUTIES.—The Secretary is authorized to establish 
within the Bureau of Immigration and Customs Enforce-
ment additional units of Customs Patrol Officers in accord-
ance with this section. 
(d) BASIC PAY FOR JOURNEYMAN OFFICERS.—The 
rate of basic pay for a journeyman Customs Patrol Officer 
in a unit described in this section shall be not less than 
the rate of basic pay for GS–13 of the General Schedule.
(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. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department 
of Homeland Security Authorization Act for 
Fiscal Year 2006’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as fol-
lows: 
Sec.
1. Short title. 
Sec. 2. Table of contents. 
TITLE I—AUTHORIZATION OF APPROPRIATIONS 
Sec. 101. Department of Homeland Security. 
Sec. 102. Border patrol agents. 
Sec. 103. Departmental management and operations. 
Sec. 104. Critical infrastructure grants. 
Sec. 105. Research and development. 
Sec. 106. Border and transportation security. 
Sec. 107. State and local terrorism preparedness. 
Sec. 108. Authorization of appropriations for training of State 
and local personnel in border States performing 
immigration functions. 
Sec. 109. Metropolitan medical response system. 
TITLE II—TERRORISM PREVENTION, INFORMATION 
SHARING, AND RISK ASSESSMENT 
Subtitle A—Terrorism Prevention 
Sec. 201. Terrorism Prevention Plan and related budget sub-
mission. 
Sec. 202. Consolidated background check process. 
Subtitle B—Homeland Security Information Sharing and 
Analysis Enhancement 
Sec. 211. Short title. 
Sec. 212. Provision of terrorism-related information to private 
sector officials.
Sec. 213. Analytic expertise on the threats from biological 
agents and nuclear weapons. 
Sec. 214. Alternative analysis of homeland security informa-
tion. 
Sec. 215. Assignment of information analysis and infrastruc-
ture protection functions. 
Sec. 216. Authority for disseminating homeland security infor-
mation. 
Sec. 217. 9/11 Memorial Homeland Security Fellows Program. 
Sec. 218. Access to nuclear terrorism-related information. 
Sec. 219. Access of Assistant Secretary for Information Anal-
ysis to terrorism information. 
Sec. 220. Administration of the Homeland Security Information 
Network. 
Sec. 221. IAIP personnel recruitment. 
Sec. 222. Information collection requirements and priorities. 
Sec. 223. Homeland Security Advisory System. 
Sec. 224. Use of open-source information. 
Sec. 225. Full and efficient use of open-source information. 
TITLE III—DOMESTIC PREPAREDNESS AND PROTECTION 
Subtitle A—Preparedness and Protection 
Sec. 301. National terrorism exercise program. 
Sec. 302. Technology development and transfer. 
Sec. 303. Review of antiterrorism acquisitions. 
Sec. 304. Center of Excellence for Border Security. 
Sec. 305. Requirements relating to the Container Security Ini-
tiative (CSI). 
Sec. 306. Security of maritime cargo containers. 
Sec. 307. Security plan for general aviation at Ronald Reagan 
Washington National Airport. 
Sec. 308. Interoperable communications assistance. 
Sec. 309. Report to Congress on implementation of rec-
ommendations 
regarding 
protection 
of 
agri-
culture. 
Subtitle B—Department of Homeland Security Cybersecurity 
Enhancement 
Sec. 311. Short title. 
Sec. 312. Assistant secretary for cybersecurity. 
Sec. 313. Cybersecurity defined. 
Sec. 314. Cybersecurity training programs and equipment. 
Subtitle C—Security of public transportation systems 
Sec. 321. Security best practices. 
Sec. 322. Public awareness. 
Subtitle D—Critical infrastructure prioritization 
Sec. 331. Critical infrastructure. 
Sec. 332. Security review. 
Sec. 333. Implementation report. 
Sec. 334. Protection of information.
TITLE IV—MISCELLANEOUS 
Sec. 401. Border security and enforcement coordination and 
operations. 
Sec. 402. GAO report to Congress. 
Sec. 403. Plan for establishing consolidated and colocated re-
gional offices. 
Sec. 404. Plan to reduce wait times. 
Sec. 405. Denial of transportation security card. 
Sec. 406. Transfer of existing Customs Patrol Officers unit and 
establishment of new CPO units in the Bureau of 
Immigration and Customs Enforcement. 
TITLE I—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 
There is authorized to be appropriated to 
the Secretary of Homeland Security for the 
necessary expenses of the Department of 
Homeland Security for fiscal year 2006, 
$34,152,143,000. 
SEC. 102. BORDER PATROL AGENTS. 
Of the amount authorized under section 
101, there is authorized to be appropriated for 
fiscal year 2006 for border security and con-
trol between ports of entry, including for the 
hiring of 2,000 border patrol agents in addi-
tion to the number employed on the date of 
enactment of this Act, and related training 
and support costs, $1,916,427,000.
SEC. 
103. 
DEPARTMENTAL 
MANAGEMENT 
AND 
OPER-
ATIONS. 
Of the amount authorized under section 
101, there is authorized to be appropriated for 
fiscal year 2006 for departmental manage-
ment and operations, $634,687,000, of which— 
(1) $44,895,000 is authorized for the 
Department of Homeland Security Re-
gions Initiative; 
(2) $4,459,000 is authorized for Oper-
ation Integration Staff; and 
(3) $56,278,000 is authorized for Office 
of Security initiatives. 
SEC. 104. CRITICAL INFRASTRUCTURE GRANTS. 
Of the amount authorized under section 
101, there is authorized to be appropriated for 
fiscal year 2006 for grants and other assist-
ance to improve critical infrastructure pro-
tection, $500,000,000. 
SEC. 105. RESEARCH AND DEVELOPMENT. 
Of the amount authorized under section 
101, there are authorized to be appropriated 
for fiscal year 2006— 
(1) $76,573,000 to support chemical 
countermeasure development activities of
the Directorate of Science and Tech-
nology; 
(2) $197,314,000 to support a nuclear 
detection office and related activities of 
such directorate; 
(3) $10,000,000 for research and devel-
opment of technologies capable of coun-
tering threats posed by man-portable air 
defense systems, including location-based 
technologies and noncommercial aircraft- 
based technologies; and 
(4) $10,600,000 for the activities of 
such directorate conducted pursuant to 
subtitle G of title VIII of the Homeland 
Security Act of 2002 (6 U.S.C. 441 et seq.). 
SEC. 106. BORDER AND TRANSPORTATION SECURITY. 
Of the amount authorized under section 
101, there are authorized to be appropriated 
for fiscal year 2006— 
(1) $826,913,000 for expenses related 
to Screening Coordination and Oper-
ations of the Directorate of Border and 
Transportation Security;
(2) $100,000,000 for weapons of mass 
destruction detection technology of such 
directorate; and 
(3) $133,800,000 for the Container Se-
curity Initiative of such directorate. 
SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS. 
Of the amount authorized under section 
101, there is authorized to be appropriated for 
fiscal year 2006— 
(1) $40,500,000 for the activities of the 
Office for Interoperability and Compat-
ibility within the Directorate of Science 
and Technology pursuant to section 7303 
of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C 194); and 
(2) $1,000,000,000 for discretionary 
grants 
for 
high-threat, 
high-density 
urban areas awarded by the Office of 
State and Local Government Coordina-
tion and Preparedness.
SEC. 
108. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
TRAINING OF STATE AND LOCAL PERSONNEL 
IN BORDER STATES PERFORMING IMMIGRA-
TION FUNCTIONS. 
(a) IN GENERAL.—To carry out subsection 
(b), subject to such limitations as may be pro-
vided in Acts making appropriations for Man-
agement and Administration for U.S. Immi-
gration and Customs Enforcement, there are 
authorized to be appropriated from such 
amounts $40,000,000 for fiscal year 2006, to re-
main available until September 30, 2007, for 
the purpose of enhancing the integrity of the 
border security system of the United States 
against the threat of terrorism. 
(b) USE OF FUNDS.—From amounts made 
available under subsection (a), the Secretary 
of Homeland Security may reimburse a State 
or political subdivision described in sub-
section (c) for the expenses described in sub-
section (d). 
(c) ELIGIBLE RECIPIENTS.—A State, or a po-
litical subdivision of a State, is eligible for re-
imbursement under subsection (b) if the State 
or political subdivision—
(1) contains a location that is 30 miles 
or less from a border or coastline of the 
United States; 
(2) has entered into a written agree-
ment described in section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 
1357(g)) under which certain officers or 
employees of the State or subdivision 
may be authorized to perform certain 
functions of an immigration officer; and 
(3) desires such officers or employees 
to receive training from the Department 
of Homeland Security in relation to such 
functions. 
(d) EXPENSES.—The expenses described in 
this subsection are actual and necessary ex-
penses incurred by the State or political sub-
division in order to permit the training de-
scribed in subsection (c)(3) to take place, in-
cluding expenses such as the following: 
(1) Costs of travel and transportation 
to locations where training is provided, 
including mileage and related allowances 
for the use of a privately owned auto-
mobile.
(2) Subsistence consisting of lodging, 
meals, and other necessary expenses for 
the personal sustenance and comfort of a 
person required to travel away from the 
person’s regular post of duty in order to 
participate in the training. 
(3) A per diem allowance paid instead 
of actual expenses for subsistence and 
fees or tips to porters and stewards. 
(4) Costs of securing temporary re-
placements for personnel traveling to, 
and participating in, the training. 
SEC. 109. METROPOLITAN MEDICAL RESPONSE SYSTEM. 
Of the amount authorized under section 
101, there is authorized to be appropriated 
$75,000,000 for fiscal year 2006 for the Metro-
politan Medical Response System. 
TITLE II—TERRORISM PREVEN-
TION, 
INFORMATION 
SHAR-
ING, AND RISK ASSESSMENT 
Subtitle A—Terrorism Prevention 
SEC. 201. TERRORISM PREVENTION PLAN AND RELATED 
BUDGET SUBMISSION. 
(a) DEPARTMENT
OF HOMELAND SECURITY 
TERRORISM PREVENTION PLAN.—
(1) REQUIREMENTS.—Not later than 1 
year after the date of enactment of the 
Act, and on a regular basis thereafter, the 
Secretary of Homeland Security shall 
prepare and submit to the Committee on 
Homeland Security of the House of Rep-
resentatives and the Committee on Home-
land Security and Governmental Affairs 
of the Senate a Department of Homeland 
Security Terrorism Prevention Plan. The 
Plan shall be a comprehensive and inte-
grated plan that includes the goals, objec-
tives, milestones, and key initiatives of 
the Department of Homeland Security to 
prevent acts of terrorism on the United 
States, including its territories and inter-
ests. 
(2) CONTENTS.—The Secretary shall in-
clude in the Plan the following elements: 
(A) 
Identification 
and 
prioritization of groups and sub-
groups that pose the most significant 
threat of committing acts of terrorism 
on the United States and its interests.
(B) Identification of the most sig-
nificant current, evolving, and long- 
term terrorist threats to the United 
States and its interests, including an 
evaluation of— 
(i) the materials that may be 
used to carry out a potential at-
tack; 
(ii) the methods that may be 
used to carry out a potential at-
tack; and 
(iii) the outcome the perpetra-
tors of acts of terrorism aim to 
achieve. 
(C) A prioritization of the threats 
identified under subparagraph (B), 
based on an assessment of probability 
and consequence of such attacks. 
(D) A description of processes and 
procedures that the Secretary shall 
establish to institutionalize close co-
ordination between the Department 
of Homeland Security and the Na-
tional Counter Terrorism Center and
other appropriate United States intel-
ligence agencies. 
(E) The policies and procedures 
the Secretary shall establish to en-
sure the Department gathers real- 
time information from the National 
Counter Terrorism Center; dissemi-
nates this information throughout the 
Department, as appropriate; utilizes 
this information to support the De-
partment’s counterterrorism respon-
sibilities; integrates the Department’s 
information collection and analysis 
functions; and disseminates this in-
formation to its operational units, as 
appropriate. 
(F) A description of the specific 
actions the Secretary shall take to 
identify threats of terrorism on the 
United States and its interests, and to 
coordinate activities within the De-
partment to prevent acts of terrorism, 
with special emphasis on prevention 
of terrorist access to and use of weap-
ons of mass destruction.
(G) A description of initiatives the 
Secretary shall take to share critical 
terrorism 
prevention 
information 
with, and provide terrorism preven-
tion support to, State and local gov-
ernments and the private sector. 
(H) A timeline, with goals and 
milestones, 
for 
implementing 
the 
Homeland Security Information Net-
work, the Homeland Security Secure 
Data Network, and other depart-
mental information initiatives to pre-
vent acts of terrorism on the United 
States and its interests, including in-
tegration of these initiatives in the 
operations of the Homeland Security 
Operations Center. 
(I) Such other terrorism preven-
tion-related elements as the Secretary 
considers appropriate. 
(3) CONSULTATION.—In formulating the 
Plan the Secretary shall consult with— 
(A) the Director of National Intel-
ligence;
(B) the Director of the National 
Counter Terrorism Center; 
(C) the Attorney General; 
(D) the Director of the Federal 
Bureau of Investigation; 
(E) the Secretary of Defense; 
(F) the Secretary of State; 
(G) the Secretary of Energy; 
(H) the Secretary of the Treasury; 
and 
(I) the heads of other Federal 
agencies and State, county, and local 
law enforcement agencies as the Sec-
retary considers appropriate. 
(4) 
CLASSIFICATION.—The 
Secretary 
shall prepare the Plan in both classified 
and nonclassified forms. 
(b) ANNUAL
CROSSCUTTING
ANALYSIS
OF 
PROPOSED FUNDING FOR DEPARTMENT OF HOME-
LAND SECURITY PROGRAMS.— 
(1) REQUIREMENT
TO
SUBMIT
ANAL-
YSIS.—The Secretary of Homeland Secu-
rity shall submit to the Congress, concur-
rently with the submission of the Presi-
dent’s budget for each fiscal year, a de-
tailed, crosscutting analysis of the budget 
proposed for the Department of Home-
land Security, by budget function, by 
agency, and by initiative area, identifying 
the requested amounts of gross and net 
appropriations or obligational authority 
and outlays for programs and activities 
of the Department for each of the fol-
lowing mission areas: 
(A) To prevent terrorist attacks 
within the United States. 
(B) To reduce the vulnerability of 
the United States to terrorism. 
(C) To minimize the damage, and 
assist in the recovery, from terrorist 
attacks that do occur within the 
United States. 
(D) To carry out all functions of 
the agencies and subdivisions within 
the Department that are not related 
directly to homeland security. 
(2) FUNDING
ANALYSIS
OF
MULTIPUR-
POSE
FUNCTIONS.—The analysis required 
under paragraph (1) for functions that 
are both related directly and not related
directly to homeland security shall in-
clude a detailed allocation of funding for 
each specific mission area within those 
functions, 
including 
an 
allocation 
of 
funding among mission support func-
tions, such as agency overhead, capital 
assets, and human capital. 
(3) INCLUDED
TERRORISM
PREVENTION 
ACTIVITIES.—The analysis required under 
paragraph (1)(A) shall include the fol-
lowing activities (among others) of the 
Department: 
(A) Collection and effective use of 
intelligence and law enforcement op-
erations that screen for and target in-
dividuals who plan or intend to carry 
out acts of terrorism. 
(B) 
Investigative, 
intelligence, 
and law enforcement operations that 
identify and disrupt plans for acts of 
terrorism or reduce the ability of 
groups or individuals to commit acts 
of terrorism. 
(C) Investigative activities and in-
telligence operations to detect and
prevent the introduction of weapons 
of mass destruction into the United 
States. 
(D) Initiatives to detect potential, 
or the early stages of actual, biologi-
cal, chemical, radiological, or nuclear 
attacks. 
(E) Screening individuals against 
terrorist watch lists. 
(F) Screening cargo to identify 
and segregate high-risk shipments. 
(G) Specific utilization of infor-
mation sharing and intelligence, both 
horizontally (within the Federal Gov-
ernment) and vertically (among Fed-
eral, State, and local governments), to 
detect or prevent acts of terrorism. 
(H) Initiatives, including law en-
forcement 
and 
intelligence 
oper-
ations, to preempt, disrupt, and deter 
acts of terrorism overseas intended to 
strike the United States. 
(I) Investments in technology, re-
search and development, training, 
and communications systems that are