I 
109TH CONGRESS 
1ST SESSION H. R. 1817 
To authorize appropriations for fiscal year 2006 for the Department of 
Homeland Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2005 
Mr. COX introduced the following bill; which was referred to the Committee 
on Homeland Security 
A BILL 
To authorize appropriations for fiscal year 2006 for the 
Department of Homeland Security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Home-
land Security Authorization Act for Fiscal Year 2006’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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. 
TITLE II—TERRORISM PREVENTION, INFORMATION SHARING, 
AND RISK ASSESSMENT 
Subtitle A—Terrorism Prevention 
Sec. 201. Terrorism Prevention Plan and related budget submission. 
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 information. 
Sec. 215. Assignment of information analysis and infrastructure protection 
functions. 
Sec. 216. Authority for disseminating homeland security-related information. 
Sec. 217. Tom Ridge Homeland Security Fellows Program. 
Sec. 218. Access to nuclear terrorism-related information. 
Sec. 219. Access of Assistant Secretary for Information Analysis to terrorism 
information. 
Sec. 220. Administration of the Homeland Security Information Network. 
Sec. 221. Homeland Security Advisory System. 
Sec. 222. Use of open source information. 
Sec. 223. 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. Requirements relating to the Container Security Initiative (CSI). 
Subtitle B—Department of Homeland Security Cybersecurity Enhancement 
Sec. 311. Short title. 
Sec. 312. Assistant Secretary for Cybersecurity. 
Sec. 313. Cybersecurity defined. 
TITLE IV—MISCELLANEOUS 
Sec. 401. Border security and enforcement coordination and operations. 
Sec. 402. GAO report to Congress.
TITLE I—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 
There is authorized to be appropriated to the Sec-
retary 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 control between ports of entry, includ-
ing for the hiring of 2,000 border patrol agents in addition 
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 management and operations, $634,687,000, 
of which— 
(1) $44,895,000 is authorized for the Depart-
ment of Homeland Security Regions Initiative; 
(2) $4,459,000 is authorized for Operation In-
tegration Staff; and
(3) $56,278,000 is authorized for Office of Se-
curity 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 assistance to improve critical infrastruc-
ture protection, $500,000,000. 
SEC. 105. RESEARCH AND DEVELOPMENT. 
Of the amount authorized under section 101, there 
is authorized to be appropriated for fiscal year 2006— 
(1) $76,573,000 to support chemical counter-
measure development activities of the Directorate of 
Science and Technology; 
(2) $197,314,000 to support a nuclear detec-
tion office and related activities of such directorate; 
(3) $10,000,000 for research and development 
of technologies capable of countering threats posed 
by man-portable air defense systems, including loca-
tion-based technologies and non-commercial aircraft- 
based technologies; and 
(4) $10,600,000 for the activities of such direc-
torate 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 
is authorized to be appropriated for fiscal year 2006— 
(1) $826,913,000 for expenses related to 
Screening Coordination and Operations of the Direc-
torate of Border and Transportation Security; 
(2) $100,000,000 for weapons of mass destruc-
tion detection technology of such directorate; and 
(3) $133,800,000 for the Container Security 
Initiative of such directorate. 
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 TER-
RORISM PREVENTION PLAN.— 
(1) REQUIREMENTS.—Not later than one year 
after the date of enactment of the Act, and on a reg-
ular basis thereafter, the Secretary of Homeland Se-
curity shall prepare and submit to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a Department of 
Homeland Security Terrorism Prevention Plan. The
Plan shall be a comprehensive and integrated plan 
that includes the goals, objectives, milestones, and 
key initiatives of the Department of Homeland Secu-
rity to prevent acts of terrorism on the United 
States, including its territories and interests. 
(2) CONTENTS.—The Secretary shall include in 
the Plan the following elements: 
(A) Identification and prioritization of 
groups and subgroups that pose the most sig-
nificant threat of committing acts of terrorism 
on the United States and its interests. 
(B) Identification of the most significant 
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 attack; 
(ii) the methods that may be used to 
carry out a potential attack; and 
(iii) the outcome the perpetrators of 
acts of terrorism aim to achieve. 
(C) A prioritization of the threats identi-
fied under subparagraph (B), based on an as-
sessment of probability and consequence of such 
attacks.
(D) A description of processes and proce-
dures that the Secretary shall establish to insti-
tutionalize close coordination between the De-
partment of Homeland Security and the Na-
tional Counter Terrorism Center and other ap-
propriate United States intelligence agencies. 
(E) The policies and procedures the Sec-
retary shall establish to ensure the Department 
gathers real time information from the National 
Counter Terrorism Center; disseminates this in-
formation throughout the Department, as ap-
propriate; utilizes this information to support 
the Department’s counter terrorism responsibil-
ities; integrates the Department’s information 
collection and analysis functions; and dissemi-
nates this information 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 inter-
ests, and to coordinate activities within the De-
partment to prevent acts of terrorism, with spe-
cial emphasis on prevention of terrorist access 
to and use of weapons of mass destruction.
(G) A description of initiatives the Sec-
retary shall take to share critical terrorism pre-
vention information with, and provide terrorism 
prevention support to, State and local govern-
ments and the private sector. 
(H) A timeline, with goals and milestones, 
for implementing the Homeland Security Infor-
mation Network, the Homeland Security Secure 
Data Network, and other departmental infor-
mation initiatives to prevent acts of terrorism 
on the United States and its interests, including 
integration of these initiatives in the operations 
of the Homeland Security Operations Center. 
(I) Such other terrorism prevention-related 
elements as the Secretary considers appro-
priate. 
(3) CONSULTATION.—In formulating the Plan 
the Secretary shall consult with— 
(A) the Director of National Intelligence; 
(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 agen-
cies as the Secretary considers appropriate. 
(4) CLASSIFICATION.—The Secretary shall pre-
pare the Plan in both classified and nonclassified 
forms. 
(b) ANNUAL CROSSCUTTING ANALYSIS OF PROPOSED 
FUNDING FOR DEPARTMENT OF HOMELAND SECURITY 
PROGRAMS.— 
(1) REQUIREMENT TO SUBMIT ANALYSIS.—The 
Secretary of Homeland Security shall submit to the 
Congress, concurrently with the submission of the 
President’s budget for each fiscal year, a detailed, 
crosscutting analysis of the budget proposed for the 
Department of Homeland Security, by budget func-
tion, by agency, and by initiative area, identifying 
the requested amounts of gross and net appropria-
tions or obligational authority and outlays for pro-
grams and activities of the Department for each of 
the following 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 agen-
cies and subdivisions within the Department 
that are not related directly to homeland secu-
rity. 
(2) FUNDING
ANALYSIS
OF
MULTI-PURPOSE 
FUNCTIONS.—The analysis required under para-
graph (1) for functions that are both related directly 
and not related directly to homeland security shall 
include a detailed allocation of funding for each spe-
cific mission area within those functions, including 
an allocation of funding among mission support 
functions, such as agency overhead, capital assets, 
and human capital. 
(3) INCLUDED TERRORISM PREVENTION ACTIVI-
TIES.—The analysis required under paragraph 
(1)(A) shall include the following activities (among 
others) of the Department: 
(A) Collection and effective use of intel-
ligence and law enforcement operations that
screen for and target individuals who plan or 
intend to carry out acts of terrorism. 
(B) Investigative, intelligence, and law en-
forcement operations that identify and disrupt 
plans for acts of terrorism or reduce the ability 
of groups or individuals to commit acts of ter-
rorism. 
(C) Investigative activities and intelligence 
operations to detect and prevent the introduc-
tion of weapons of mass destruction into the 
United States. 
(D) Initiatives to detect potential, or the 
early stages of actual, biological, chemical, radi-
ological, or nuclear attacks. 
(E) Screening individuals against terrorist 
watch lists. 
(F) Screening cargo to identify and seg-
regate high-risk shipments. 
(G) Specific utilization of information 
sharing and intelligence, both horizontally 
(within the Federal Government) and vertically 
(among Federal, State, and local governments), 
to detect or prevent acts of terrorism. 
(H) Initiatives, including law enforcement 
and intelligence operations, to preempt, disrupt,
and deter acts of terrorism overseas intended to 
strike the United States. 
(I) Investments in technology, research 
and development, training, and communications 
systems that are designed to improve the per-
formance of the Department and its agencies 
with respect to each of the activities listed in 
subparagraphs (A) through (H). 
(4) SEPARATE DISPLAYS FOR MANDATORY AND 
DISCRETIONARY
AMOUNTS.—Each analysis under 
paragraph (1) shall include separate displays for 
proposed mandatory appropriations and proposed 
discretionary appropriations. 
SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS. 
(a) REQUIREMENT.—The Secretary shall establish a 
single process for conducting the security screening and 
background checks on individuals participating in any vol-
untary or mandatory departmental credentialing or reg-
istered traveler program. 
(b) INCLUDED PROGRAMS.—The process established 
under subsection (a) shall be sufficient to meet the secu-
rity requirements of all applicable Departmental pro-
grams, including— 
(1) the Transportation Worker Identification 
Credential;
(2) the Hazmat Endorsement Credential; 
(3) the Free and Secure Trade program; 
(4) the NEXUS and SENTRI border crossing 
programs; 
(5) the Registered Traveler program of the 
Transportation Security Administration; and 
(6) any other similar program or credential con-
sidered appropriate for inclusion by the Secretary. 
(c) FEATURES
OF PROCESS.—The process estab-
lished under subsection (a) shall include the following: 
(1) A single submission of security screening in-
formation, including personal data and biometric in-
formation as appropriate, necessary to meet the se-
curity requirements of all applicable departmental 
programs. 
(2) An ability to submit such security screening 
information at any location or through any process 
approved by the Secretary with respect to any of the 
applicable departmental programs. 
(3) Acceptance by the Department of a security 
clearance issued by a Federal agency, to the extent 
that the security clearance process of the agency sat-
isfies requirements that are at least as stringent as 
those of the applicable departmental programs under 
this section.
(4) Standards and procedures for protecting in-
dividual privacy, confidentiality, record retention, 
and addressing other concerns relating to informa-
tion security. 
(d) DEADLINES.—The Secretary of Homeland Secu-
rity shall— 
(1) submit a description of the process devel-
oped under subsection (a) to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate by not later than 6 
months after the date of the enactment of this Act; 
and 
(2) begin implementing such process by not 
later than 12 months after the date of the enact-
ment of this Act. 
(e) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this section affects any statutory requirement relating to 
the operation of the programs described in subsection (b).
Subtitle B—Homeland Security In-
formation Sharing and Analysis 
Enhancement 
SEC. 211. SHORT TITLE. 
This subtitle may be cited as the ‘‘Homeland Security 
Information Sharing and Analysis Enhancement Act of 
2005’’. 
SEC. 212. PROVISION OF TERRORISM-RELATED INFORMA-
TION TO PRIVATE SECTOR OFFICIALS. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is amended by adding at the end the 
following: 
‘‘(20) To require, in consultation with the As-
sistant Secretary for Infrastructure Protection, the 
creation and routine dissemination of analytic re-
ports and products designed to provide timely and 
accurate information that has specific relevance to 
each of the Nation’s critical infrastructure sectors 
(as identified in the national infrastructure protec-
tion plan issued under paragraph (5)), to private 
sector officials in each such sector who are respon-
sible for protecting institutions within that sector 
from potential acts of terrorism and for mitigating 
the potential consequences of any such act.’’.
SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BI-
OLOGICAL AGENTS AND NUCLEAR WEAPONS. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(21) To ensure sufficient analytic expertise 
within the Office of Information Analysis to create 
and disseminate, on an ongoing basis, products 
based on the analysis of homeland security informa-
tion, as defined in section 892(f)(1), with specific 
reference to the threat of terrorism involving the use 
of nuclear weapons and biological agents to inflict 
mass casualties or other catastrophic consequences 
on the population or territory of the United States.’’. 
SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECU-
RITY INFORMATION. 
(a) REQUIREMENT.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECU-
RITY INFORMATION. 
‘‘The Secretary shall establish a process and assign 
an individual or entity the responsibility to ensure that, 
as appropriate, elements of the Department conduct alter-
native analysis (commonly referred to as ‘red-team anal-
ysis’) of homeland security information, as that term is
defined in section 892(f)(1), that relates to potential acts 
of terrorism involving the use of nuclear weapons or bio-
logical agents to inflict mass casualties or other cata-
strophic consequences on the population or territory of the 
United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 202 the following: 
‘‘Sec. 203. Alternative analysis of homeland security information.’’. 
SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND 
INFRASTRUCTURE PROTECTION FUNCTIONS. 
Section 201(b) of the Department of Homeland Secu-
rity Act of 2002 (6 U.S.C. 121(b)) is amended by adding 
at the end the following: 
‘‘(4) ASSIGNMENT OF SPECIFIC FUNCTIONS.— 
The Under Secretary for Information Analysis and 
Infrastructure Protection— 
‘‘(A) shall assign to the Assistant Sec-
retary for Information Analysis the responsi-
bility for performing the functions described in 
paragraphs (1), (3), (4), (7) through (16), and 
(18) of subsection (d); 
‘‘(B) shall assign to the Assistant Sec-
retary for Infrastructure Protection the respon-
sibility for performing the functions described
in paragraphs (2), (5), and (6) of subsection 
(d); 
‘‘(C) shall ensure that the Assistant Sec-
retary for Information Analysis and the Assist-
ant Secretary for Infrastructure Protection both 
perform the functions described in paragraphs 
(17) and (19) of subsection (d); 
‘‘(D) may assign to each such Assistant 
Secretary such other duties relating to such re-
sponsibilities as the Under Secretary may pro-
vide; and 
‘‘(E) shall direct each such Assistant Sec-
retary to coordinate with elements of the intel-
ligence community, with Federal, State, and 
local law enforcement agencies, and with tribal 
and private sector entities, as appropriate.’’. 
SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SE-
CURITY-RELATED INFORMATION. 
(a) IN GENERAL.—Title I of the Homeland Security 
Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SE-
CURITY-RELATED INFORMATION. 
‘‘(a) PRIMARY AUTHORITY.—Except as provided in 
subsection (b), the Secretary shall be the executive branch
official responsible for disseminating homeland security- 
related information to State and local government and 
tribal officials and the private sector. 
‘‘(b) PRIOR APPROVAL REQUIRED.—No Federal offi-
cial may issue any homeland security-related analysis, ad-
visory, or alert without the Secretary’s prior approval, ex-
cept— 
‘‘(1) in exigent circumstances under which it is 
essential that the information be communicated im-
mediately; or 
‘‘(2) when such analysis advisory or alert is 
issued to State, local, or tribal law enforcement offi-
cials for the purpose of assisting them in any aspect 
of the administration of criminal justice.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end the following: 
‘‘Sec. 104. Authority for disseminating homeland security-related information.’’. 
SEC. 217. TOM RIDGE HOMELAND SECURITY FELLOWS PRO-
GRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Subtitle A of 
title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.) is further amended by adding at the end the 
following:
‘‘SEC. 204. TOM RIDGE HOMELAND SECURITY FELLOWS 
PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a fellowship program in accordance with this 
section for the purpose of bringing State, local, trib-
al, and private sector officials to participate in the 
work of the Homeland Security Operations Center in 
order to become familiar with— 
‘‘(A) the mission and capabilities of that 
Center; and 
‘‘(B) the role, programs, products, and 
personnel of the Office of Information Analysis 
and the Office of Infrastructure Protection. 
‘‘(2) PROGRAM
NAME.—The program under 
this section shall be known as the ‘Tom Ridge 
Homeland Security Fellows Program’. 
‘‘(b) ELIGIBILITY.—In order to be eligible for selec-
tion as a fellow under the program, an individual must— 
‘‘(1) have homeland security-related responsibil-
ities; and 
‘‘(2) possess an appropriate national security 
clearance. 
‘‘(c) LIMITATIONS.—The Secretary—
‘‘(1) may conduct up to 4 iterations of the pro-
gram each year, each of which shall be 90 days in 
duration; and 
‘‘(2) shall ensure that the number of fellows se-
lected for each iteration does not impede the activi-
ties of the Center. 
‘‘(d) CONDITION.—As a condition of selecting an in-
dividual as a fellow under the program, the Secretary shall 
require that the individual’s employer agree to continue 
to pay the individual’s salary and benefits during the pe-
riod of the fellowship. 
‘‘(e) STIPEND.—During the period of the fellowship 
of an individual under the program, the Secretary shall, 
subject to the availability of appropriations— 
‘‘(1) provide to the individual a stipend to cover 
the individual’s reasonable living expenses during the 
period of the fellowship; and 
‘‘(2) reimburse the individual for round-trip, 
economy fare travel to and from the individual’s 
place of residence twice each month.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing: 
‘‘Sec. 204. Tom Ridge Homeland Security Fellows Program.’’.
SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED IN-
FORMATION. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(22) To ensure that— 
‘‘(A) the Assistant Secretary for Informa-
tion Analysis receives promptly and without re-
quest all information obtained by any compo-
nent of the Department if that information re-
lates, directly or indirectly, to a threat of ter-
rorism involving the potential use of nuclear 
weapons; 
‘‘(B) such information is— 
‘‘(i) integrated and analyzed com-
prehensively; and 
‘‘(ii) disseminated in a timely manner, 
including to appropriately cleared State, 
local, tribal, and private sector officials; 
and 
‘‘(C) such information is used to determine 
what requests the Department should submit 
for collection of additional information relating 
to that threat.’’.
SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFOR-
MATION ANALYSIS TO TERRORISM INFORMA-
TION. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(23) To ensure that the Assistant Secretary 
for Information Analysis— 
‘‘(A) is routinely and without request given 
prompt access to all terrorism-related informa-
tion collected by or otherwise in the possession 
of any component of the Department, including 
all homeland security information (as that term 
is as defined in section 892(f)(1)); and 
‘‘(B) to the extent technologically feasible 
has direct access to all databases of any compo-
nent of the Department that may contain such 
information.’’. 
SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY 
INFORMATION NETWORK. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following new paragraph: 
‘‘(24) To administer the homeland security in-
formation network, including—
‘‘(A) exercising primary responsibility for 
creating a secure nationwide real-time home-
land security information sharing network for 
Federal, State, and local government agencies 
and authorities, tribal officials, the private sec-
tor, and other governmental and private entities 
involved in receiving, analyzing, and distrib-
uting information related to threats to home-
land security; and 
‘‘(B) ensuring that the information sharing 
systems, developed in connection with the net-
work created under subparagraph (A), utilize 
and are compatible with, to the greatest extent 
practicable, Federal, State, and local govern-
ment, tribal, and private sector antiterrorism 
systems and protocols that have been or are 
being developed.’’. 
SEC. 221. HOMELAND SECURITY ADVISORY SYSTEM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 is amended— 
(1) in section 201(d)(7) 6U.S.C. 121(d)(7)) by 
inserting ‘‘under section 205’’ after ‘‘System’’; and 
(2) by adding at the end the following:
‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 
‘‘(a) REQUIREMENT.—The Under Secretary for In-
formation Analysis and Infrastructure Protection shall im-
plement a Homeland Security Advisory System in accord-
ance with this section to provide public advisories and 
alerts regarding threats to homeland security, including 
national, regional, local, and economic sector advisories 
and alerts, as appropriate. 
‘‘(b) REQUIRED ELEMENTS.—The Under Secretary, 
under the System— 
‘‘(1) shall include, in each advisory and alert re-
garding a threat, information on appropriate protec-
tive measures and countermeasures that may be 
taken in response to the threat; 
‘‘(2) shall, whenever possible, limit the scope of 
each advisory and alert to a specific region, locality, 
or economic sector believed to be at risk; and 
‘‘(3) shall not, in issuing any advisory or alert, 
use color designations as the exclusive means of 
specifying the homeland security threat conditions 
that are the subject of the advisory or alert.’’. 
(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 fol-
lowing: 
‘‘Sec. 205. Homeland Security Advisory System.’’.
SEC. 222. USE OF OPEN SOURCE INFORMATION. 
Section 201(d) of the Homeland Security Act of 2002 
(6 U.S.C. 121(d)) is further amended by adding at the 
end the following: 
‘‘(25) To ensure that, whenever possible— 
‘‘(A) the Assistant Secretary for Informa-
tion Analysis produces and disseminates reports 
and analytic products based on open-source in-
formation that do not require a national secu-
rity classification under applicable law; and 
‘‘(B) such unclassified open source reports 
are produced and disseminated contempora-
neously with reports or analytic products con-
cerning the same or similar information that 
the Assistant Secretary for Information Anal-
ysis produces and disseminates in a classified 
format.’’. 
SEC. 223. FULL AND EFFICIENT USE OF OPEN SOURCE IN-
FORMATION. 
(a) REQUIREMENT.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 206. FULL AND EFFICIENT USE OF OPEN SOURCE IN-
FORMATION. 
‘‘The Under Secretary shall ensure that, in meeting 
their analytic responsibilities under section 201(d) and in
formulating requirements for collection of additional infor-
mation, the Assistant Secretary for Information Analysis 
and the Assistant Secretary for Infrastructure Protection 
make full and efficient use of open-source information.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 202 the following: 
‘‘Sec. 206. Full and efficient use of open source information.’’. 
TITLE 
III—DOMESTIC 
PRE-
PAREDNESS 
AND 
PROTEC-
TION 
Subtitle A—Preparedness and 
Protection 
SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM. 
(a) IN GENERAL.—Section 430 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 238) is amended by striking 
‘‘and’’ after the semicolon at the end of paragraph (8), 
by striking the period at the end of paragraph (9) and 
inserting ‘‘; and’’, and by adding at the end the following: 
‘‘(10) designing, developing, performing, and 
evaluating exercises at the National, State, terri-
torial, regional, local, and tribal levels of government 
that incorporate government officials, emergency re-
sponse providers, public safety agencies, the private 
sector, international governments and organizations, 
and other appropriate entities to test the Nation’s
capability to prevent, prepare for, respond to, and 
recover from threatened or actual acts of ter-
rorism.’’. 
(b) NATIONAL TERRORISM EXERCISE PROGRAM.— 
(1) ESTABLISHMENT OF PROGRAM.—Title VIII 
of the Homeland Security Act of 2002 (Public Law 
107–296) is amended by adding at the end the fol-
lowing new subtitle: 
‘‘Subtitle J—Terrorism 
Preparedness Exercises 
‘‘SEC. 899a. NATIONAL TERRORISM EXERCISE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, through the Of-
fice for Domestic Preparedness, shall establish a National 
Terrorism Exercise Program for the purpose of testing 
and evaluating the Nation’s capabilities to prevent, pre-
pare for, respond to, and recover from threatened or ac-
tual acts of terrorism that— 
‘‘(1) enhances coordination for terrorism pre-
paredness between all levels of government, emer-
gency response providers, international governments 
and organizations, and the private sector; 
‘‘(2) is— 
‘‘(A) multidisciplinary in nature, including, 
as 
appropriate, 
information 
analysis 
and 
cybersecurity components;
‘‘(B) as realistic as practicable and based 
on current risk assessments, including credible 
threats, vulnerabilities, and consequences; 
‘‘(C) carried out with the minimum degree 
of notice to involved parties regarding the tim-
ing and details of such exercises, consistent 
with safety considerations; 
‘‘(D) evaluated against performance meas-
ures and followed by corrective action to solve 
identified deficiencies; and 
‘‘(E) assessed to learn best practices, 
which shall be shared with appropriate Federal, 
State, territorial, regional, local, and tribal per-
sonnel, authorities, and training institutions for 
emergency response providers; and 
‘‘(3) assists State, territorial, local, and tribal 
governments with the design, implementation, and 
evaluation of exercises that— 
‘‘(A) conform to the requirements of para-
graph (2); and 
‘‘(B) are consistent with any applicable 
State homeland security strategy or plan. 
‘‘(b) NATIONAL LEVEL EXERCISES.—The Secretary, 
through the National Terrorism Exercise Program, shall
perform on a periodic basis national terrorism prepared-
ness exercises for the purposes of— 
‘‘(1) involving top officials from Federal, State, 
territorial, local, tribal, and international govern-
ments, as the Secretary considers appropriate; 
‘‘(2) testing and evaluating the Nation’s capa-
bility to detect, disrupt, and prevent threatened or 
actual catastrophic acts of terrorism, especially those 
involving weapons of mass destruction; and 
‘‘(3) testing and evaluating the Nation’s readi-
ness to respond to and recover from catastrophic 
acts of terrorism, especially those involving weapons 
of mass destruction.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by add-
ing at the end of the items relating to title VIII the 
following: 
‘‘Subtitle J—Terrorism Preparedness Exercises 
‘‘Sec. 899a. National terrorism exercise program.’’. 
SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 
(a) ESTABLISHMENT OF TECHNOLOGY CLEARING-
HOUSE.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary shall complete the estab-
lishment of the Technology Clearinghouse under section 
313 of the Homeland Security Act of 2002.
(b) TRANSFER PROGRAM.—Section 313 of the Home-
land Security Act of 2002 (6 U.S.C. 193) is amended— 
(1) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(6) The establishment of a homeland security 
technology transfer program to facilitate the identi-
fication, modification, and commercialization of tech-
nology and equipment for use by Federal, State, and 
local governmental agencies, emergency response 
providers, and the private sector to prevent, prepare 
for, or respond to acts of terrorism.’’; 
(2) by redesignating subsection (c) as sub-
section (d); and 
(3) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In devel-
oping the program described in subsection (b)(6), the Sec-
retary, acting through the Under Secretary for Science 
and Technology, shall— 
‘‘(1) in consultation with the other Undersecre-
taries of the Department and the Director of the Of-
fice for Domestic Preparedness, on an ongoing 
basis— 
‘‘(A) conduct surveys and reviews of avail-
able appropriate technologies that have been, or
are in the process of being developed or dem-
onstrated by the Department, other Federal 
agencies, or the private sector or foreign gov-
ernments and international organizations and 
that may be useful in assisting Federal, State, 
and local governmental agencies, emergency re-
sponse providers, or the private sector to pre-
vent, prepare for, or respond to acts of ter-
rorism; 
‘‘(B) conduct or support research and de-
velopment as appropriate of technologies identi-
fied under subparagraph (A), including any 
necessary modifications to such technologies for 
anti-terrorism use; 
‘‘(C) communicate to Federal, State, and 
local governmental agencies, emergency re-
sponse providers, or the private sector the avail-
ability of such technologies for anti-terrorism 
use, as well as the technology’s specifications, 
satisfaction of appropriate standards, and the 
appropriate grants available from the Depart-
ment to purchase such technologies; 
‘‘(D) coordinate the selection and adminis-
tration of all technology transfer activities of 
the Science and Technology Directorate, includ-
ing projects and grants awarded to the private 
sector and academia; and 
‘‘(E) identify priorities based on current 
risk assessments within the Department of 
Homeland Security for identifying, researching, 
developing, modifying, and fielding existing 
technologies for anti-terrorism purposes; and 
‘‘(2) in support of the activities described in 
paragraph (1)— 
‘‘(A) consult with Federal, State, and local 
emergency response providers; 
‘‘(B) consult with government and nation-
ally recognized standards organizations as ap-
propriate; 
‘‘(C) enter into agreements and coordinate 
with other Federal agencies and foreign govern-
ments and international organizations as the 
Secretary determines appropriate, in order to 
maximize the effectiveness of such technologies 
or to facilitate commercialization of such tech-
nologies; and 
‘‘(D) consult with existing technology 
transfer programs and Federal and State train-
ing centers that research, develop, and transfer
military and other technologies for use by emer-
gency response providers.’’. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Under Secretary for Science 
and Technology shall transmit to the Congress a descrip-
tion of the progress the Department has made in imple-
menting the provisions of section 313 of the Homeland 
Security Act of 2002, as amended by this Act, including 
a description of the process used to review unsolicited pro-
posals received as described in subsection (b)(3) of such 
section. 
(d) SAVINGS CLAUSE.—Nothing in this section (in-
cluding the amendments made by this section) shall be 
construed to alter or diminish the effect of the limitation 
on the authority of the Secretary of Homeland Security 
under section 302(4) of the Homeland Security Act of 
2002 (6 U.S.C. 182(4)) with respect to human health-re-
lated research and development activities. 
SEC. 303. REQUIREMENTS RELATING TO THE CONTAINER 
SECURITY INITIATIVE (CSI). 
(a) RISK ASSESSMENT AND DESIGNATION OF NEW 
FOREIGN SEAPORTS.— 
(1) RISK
ASSESSMENT.—The Secretary of 
Homeland Security shall conduct a risk assessment 
of each foreign seaport that the Secretary is consid-
ering designating as a port under the Container Se-
curity Initiative (CSI) on or after the date of the en-
actment of this Act. Each such assessment shall 
evaluate the level of risk for the potential com-
promise of cargo containers by terrorists or terrorist 
weapons at the port. 
(2) DESIGNATION.—The Secretary is author-
ized to designate a foreign seaport as a port under 
CSI on or after the date of the enactment of this 
Act only if the Secretary determines pursuant to an 
assessment under paragraph (1) that a significant 
level of risk exists for the potential compromise of 
cargo containers by terrorists or terrorist weapons at 
the port. 
(b) DEPLOYMENT OF INSPECTION EQUIPMENT TO 
NEW CSI PORTS.— 
(1) DEPLOYMENT.—The Secretary is author-
ized to assist in the deployment of non-intrusive in-
spection equipment for cargo containers at each CSI 
port designated under subsection (a)(2) and provide 
training for personnel at the CSI port to operate the 
non-intrusive inspection equipment. 
(2) ADDITIONAL
REQUIREMENTS.—The Sec-
retary shall establish technical capability require-
ments and standard operating procedures for non-in-
trusive inspection equipment described in paragraph 
(1) and shall require each CSI port to agree to oper-
ate such equipment in accordance with such require-
ments and procedures as a condition for receiving 
the equipment and training under such paragraph. 
(c) DEPLOYMENT
OF PERSONNEL
TO NEW CSI 
PORTS; RE-EVALUATION OF PERSONNEL AT ALL CSI 
PORTS.— 
(1) DEPLOYMENT.—The Secretary shall deploy 
Department of Homeland Security personnel to each 
CSI port designated under subsection (a)(1) with re-
spect to which the Secretary determines that the de-
ployment is necessary to successfully implement the 
requirements of CSI at the port. 
(2) RE-EVALUATION.—The Secretary shall peri-
odically review relevant risk assessment information 
with respect to all CSI ports at which Department 
of Homeland Security personnel are deployed to as-
sess whether or not continued deployment of such 
personnel, in whole or in part, is necessary to suc-
cessfully implement the requirements of CSI at the 
port. 
(d) INSPECTION
AND
SCREENING
AT
UNITED 
STATES PORTS OF ENTRY.—Cargo containers arriving at 
a United States port of entry from a CSI port shall under-
go the same level of inspection and screening as cargo con-
tainers arriving at a United States port of entry from a 
foreign seaport that is not participating in CSI unless the 
containers were initially inspected at the CSI port at the 
request of CSI personnel and such personnel verify and 
electronically record that the inspection indicates that the 
containers do not contain unlawful goods or persons. 
(e) DEFINITION.—In this section, the term ‘‘Con-
tainer Security Initiative’’ or ‘‘CSI’’ means the program 
carried out by the Department of Homeland Security 
under which the Department enters into agreements with 
foreign seaports to— 
(1) establish security criteria to identify high- 
risk maritime cargo containers bound for the United 
States based on advance information; and 
(2) screen or inspect such maritime cargo con-
tainers for unlawful goods and persons prior to ship-
ment to the United States. 
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 
promoting cybersecurity for the Nation. 
‘‘(b) GENERAL AUTHORITY.—The Assistant Sec-
retary, subject to the direction and control of the Sec-
retary, shall have primary authority within the Depart-
ment for all cybersecurity-related critical infrastructure 
protection programs of the Department, including with re-
spect 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 fos-
ter 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, 
vulnerability assessment, and threat warning regard-
ing critical infrastructure. 
‘‘(3) To coordinate with other directorates and 
offices within the Department on the cybersecurity 
aspects of their missions. 
‘‘(4) To coordinate with the Under Secretary 
for Emergency Preparedness and Response to en-
sure that the National Response Plan developed pur-
suant 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 ele-
ments 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 
information sharing architecture and information 
sharing processes, including with respect to the De-
partment’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 
Preparedness to ensure that realistic cybersecurity 
scenarios are incorporated into tabletop and recovery 
exercises. 
‘‘(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 rel-
evant Federal agencies, on security of digital control 
systems, such as Supervisory Control and Data Ac-
quisition (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 fol-
lowing: 
‘‘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 fol-
lowing: 
‘‘(17)(A) The term ‘cybersecurity’ means the 
prevention of damage to, the protection of, and the 
restoration of computers, electronic communications 
systems, electronic communication services, wire 
communication, and electronic communication, in-
cluding information contained therein, to ensure its 
availability, 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.’’. 
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 
Security, the Congress sought to enhance the Na-
tion’s capabilities to prevent, protect against, and re-
spond to terrorist acts by consolidating existing Fed-
eral agencies with homeland security functions into 
a single new Department, and by realigning the mis-
sions of those legacy agencies to more directly sup-
port 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 
activities; 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 
Department 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 
Protection. 
(6) The plan also combined the customs and 
immigration enforcement agents, as well as the Of-
fice of Detention and Removal Operations, the Of-
fice of Federal Protective Service, the Office of Fed-
eral Air Marshal Service, and the Office of Intel-
ligence, into another new entity called United States 
Immigration and Customs Enforcement. 
(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 enforce-
ment activities, which was contrary to the single Bu-
reau of Border Security as prescribed by the Con-
gress in the section 441 of the Homeland Security 
Act of 2002. 
(8) Two years after this structure has been in 
effect, questions remain about whether the Depart-
ment has organized itself properly, and is managing 
its customs and immigration enforcement and border 
security resources in the most efficient, sensible, and 
effective manner. 
(9) The current structure has resulted in less 
cooperation 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 
functions. These budget shortfalls have forced 
United States Immigration and Customs Enforce-
ment to impose hiring freezes and to release aliens 
that otherwise should be detained.
(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, fo-
cused on ensuring the integrity of our border control 
system. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Homeland Security shall review and evaluate the 
current organizational structure of the Department 
of Homeland Security established by the President’s 
January 30, 2003, reorganization plan and submit a 
report of findings and recommendations to the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Government Affairs of the Senate. 
(2) CONTENTS OF REPORT.—The report shall 
include—
(A) a description of the rationale for, and 
any benefits of, the current organizational divi-
sion of United States Immigration and Customs 
Enforcement and United States Customs and 
Border Protection, with respect to the Depart-
ment’s homeland security mission; 
(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 ef-
fective 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 United States Immigra-
tion and Customs Enforcement;
(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, 
including financial, programmatic and other 
costs, to the Department; and 
(H) a detailed action plan 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 En-
forcement, including appropriate reorganization 
plans. 
SEC. 402. GAO REPORT TO CONGRESS. 
Not later than 6 months after the date of the enact-
ment 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 or-
ganizational and management structure of the De-
partment of Homeland Security in meeting the De-
partment’s counter-terrorism missions; and
(2) recommendations to facilitate and improve 
the organization and management of the Depart-
ment to best meet those missions. 
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