I 
109TH CONGRESS 
1ST SESSION H. R. 4009 
To direct the Secretary of Homeland Security to conduct comprehensive 
examinations of the human resource capabilities and needs, organizational 
structure, innovation and improvement plans, intelligence and information 
analysis capabilities and resources, infrastructure capabilities and re-
sources, budget, and other elements of the homeland security program 
and policies of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 6, 2005 
Mr. THOMPSON of Mississippi (for himself, Ms. HARMAN, Mr. LANGEVIN, Ms. 
ZOE
LOFGREN
of California, Ms. NORTON, Mr. PASCRELL, Mrs. 
CHRISTENSEN, Ms. JACKSON-LEE of Texas, Mr. DEFAZIO, Mr. MEEK of 
Florida, Mr. DICKS, Mr. ETHERIDGE, and Mrs. LOWEY) introduced the 
following bill; which was referred to the Committee on Homeland Secu-
rity, and in addition to the Select Committee on Intelligence (Permanent 
Select) and Transportation and Infrastructure, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To direct the Secretary of Homeland Security to conduct 
comprehensive examinations of the human resource capa-
bilities and needs, organizational structure, innovation 
and improvement plans, intelligence and information 
analysis capabilities and resources, infrastructure capa-
bilities and resources, budget, and other elements of the 
homeland security program and policies of the United 
States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Department of Homeland Security Reform Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—DEPARTMENT OF HOMELAND SECURITY REFORMS 
Sec. 101. Quadrennial Homeland Security Review. 
Sec. 102. Chief Intelligence Officer. 
Sec. 103. Repeal of Directorate of Information Analysis and Infrastructure 
Preparedness. 
Sec. 104. Intra-agency task force on protection of unclassified but security-rel-
evant information provided by the private sector. 
Sec. 105. Redesignation of Directorate. 
Sec. 106. Establishment of Assistant Secretary for Preparedness. 
Sec. 107. Establishment of Director and Deputy Director of Federal Emer-
gency Management Agency. 
Sec. 108. Chief medical officer. 
Sec. 109. Operations office. 
Sec. 110. Authorities of the Privacy Officer of the Department of Homeland 
Security. 
Sec. 111. Greater accountability. 
Sec. 112. Whistleblower protections. 
Sec. 113. Office of Tribal Security. 
Sec. 114. Assistant Secretary for Cybersecurity and Telecommunications. 
Sec. 115. Assistant Secretary for Physical Infrastructure Security. 
Sec. 116. Under Secretary for Policy. 
TITLE II—SECURE HANDLING OF AMMONIUM NITRATE 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Definitions. 
Sec. 204. Regulation of handling and purchase of ammonium nitrate. 
Sec. 205. Enforcement. 
Sec. 206. Administrative provisions. 
Sec. 207. Civil liability. 
Sec. 208. State law preemption.
TITLE I—DEPARTMENT OF 
HOMELAND SECURITY REFORMS 
SEC. 101. QUADRENNIAL HOMELAND SECURITY REVIEW. 
(a) QUADRENNIAL HOMELAND SECURITY REVIEW.— 
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 
new section: 
‘‘SEC. 104. QUADRENNIAL HOMELAND SECURITY REVIEW. 
‘‘(a) REVIEW REQUIRED.—In any year following a 
year evenly divisible by 4, the Secretary, acting through 
the Under Secretary for Policy, shall conduct a com-
prehensive examination of the Department to be known 
as a Quadrennial Homeland Security Review. 
‘‘(b) FUNCTIONS OF REVIEW.—The functions of the 
Quadrennial Homeland Security Review shall be the fol-
lowing: 
‘‘(1) To establish a 10-year homeland security 
strategy and policy program, to be known as the Na-
tional Homeland Security Strategy, which shall be 
consistent with this Act. 
‘‘(2) To determine, with respect to the Depart-
ment, each of the following: 
‘‘(A) Human resource capabilities and re-
quirements. 
‘‘(B) Organizational structure.
‘‘(C) Innovation and improvement plans. 
‘‘(D) Intelligence and information analysis 
capabilities and resources. 
‘‘(E) Infrastructure capabilities and re-
sources. 
‘‘(F) Budget; technology resources, capa-
bilities and requirements. 
‘‘(G) Any other elements required to sup-
port the National Homeland Security Strategy. 
‘‘(3) To identify, with respect to the Depart-
ment, each of the following: 
‘‘(A) A budget plan, acquisition strategy, 
and procurement process to provide sufficient 
resources to successfully execute the responsibil-
ities of the Department that are delineated in 
the National Homeland Security Strategy. 
‘‘(B) Any additional resources required to 
attain such responsibilities. 
‘‘(c) REPORT TO CONGRESS.— 
‘‘(1) REPORT.—The Secretary shall submit a 
report on each Quadrennial Homeland Security Re-
view to the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. The report shall be submitted in the year
following the year in which the review is conducted, 
but not later than the date on which the President 
submits the budget for the next fiscal year to Con-
gress under section 1105(a) of title 31, United 
States Code. 
‘‘(2) CONTENTS.—The report shall include the 
following: 
‘‘(A) The results of the Review, including 
a comprehensive discussion of the National 
Homeland Security Strategy and the structure 
best suited to implement it. 
‘‘(B) The assumed or defined homeland se-
curity interests of the United States that in-
form the National Homeland Security Strategy 
as defined in the review. 
‘‘(C) The threats to the assumed or de-
fined homeland security interests of the United 
States examined for purposes of the review and 
any scenarios developed in the examination of 
such threats. 
‘‘(D) An explanation of any and all under-
lying assumptions used in the review. 
‘‘(E) The effect on human resource re-
quirements and response capabilities, identified 
by type of threat, including conventional, nu-
clear, biological, chemical, radiological, and ag-
ricultural threats, and by means of attack 
through traditional and non-traditional means 
or from traditional as well as non-traditional 
sources. 
‘‘(F) The anticipated roles and responsibil-
ities of the agencies, components, and organiza-
tional elements of the Department, as outlined 
in the National Homeland Security Strategy, 
and the strength, capabilities, technology and 
equipment necessary to assure that such agen-
cies, components, and organizational elements 
can capably discharge such roles and respon-
sibilities. 
‘‘(G) An examination of any steps taken by 
the Department to promote an ‘‘intelligence cul-
ture’’ among employees designed to develop 
analyses specific to the overall mission of the 
Department. 
‘‘(H) The strategic and tactical air, sea, 
and ground transportation capabilities required 
to support the National Homeland Security 
Strategy. 
‘‘(I) The state of the physical infrastruc-
ture at border crossings and an examination of
the resources, personnel, and time necessary to 
assure that such border crossing are capable of 
supporting the mission of the Department, as 
outlined in the National Homeland Security 
Strategy. 
‘‘(J) The level of preparedness of first re-
sponders and an examination of the resources 
necessary to assure they are capable of fulfilling 
their responsibilities, as outlined in the Na-
tional Homeland Security Strategy. 
‘‘(K) An examination of ports, airports, 
and other points of transshipment to determine 
the necessary resources to ensure adequate se-
curity and functioning, as outline in the Na-
tional Homeland Security Strategy. 
‘‘(L) An examination of the Nation’s rail 
and transit system to determine the necessary 
resources to ensure adequate security and func-
tioning, as outlined in the National Homeland 
Security Strategy. 
‘‘(M) An examination and risk assessment 
of key resources and public and privately owned 
infrastructure and other facilities determined to 
present an increased security risk by the Na-
tional Homeland Security Strategy.
‘‘(N) An examination of the efforts of the 
Department to develop a consistent policy that 
encourages information sharing of unclassified 
but security-relevant information between the 
government and the private sector. 
‘‘(O) An examination of passenger and 
non-passenger modes of conveyance to ensure 
the adequacy of precautionary policies and 
measures to ensure the security of the general 
public. 
‘‘(P) An examination of the security of the 
computer systems and networks of the Federal 
Government to assure the adequacy of pre-
cautionary and protective devices. 
‘‘(Q) Any need for Department personnel 
or resources to be positioned outside the United 
States in order to support the National Home-
land Security Strategy. 
‘‘(R) The extent to which domestic re-
sources must be shifted in order to ensure that 
border crossings and ports of entry are ade-
quately secured. 
‘‘(S) The effect of any technology antici-
pated to be available during the subsequent 8 
years on the human resources capabilities,
costs, efficiencies, resources, and planning of 
the Department. 
‘‘(T) Any other matter the Secretary con-
siders appropriate to include in the review.’’. 
(b) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on any congressionally re-
quired reports which he views as duplicating the require-
ments under section 104 of the Homeland Security Act 
of 2002, as added by subsection (a). 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding after 
the item relating to section 103 the following new item: 
‘‘Sec. 104. Quadrennial Homeland Security Review.’’. 
SEC. 102. CHIEF INTELLIGENCE OFFICER. 
(a) ESTABLISHMENT AND TRANSFER OF CERTAIN 
FUNCTIONS OF UNDER SECRETARY FOR INFORMATION 
ANALYSIS AND INFRASTRUCTURE PROTECTION.—Subtitle 
A of title II of such Act is amended by adding at the end 
the following new section:
‘‘SEC. 203. OFFICE OF INTELLIGENCE AND ANALYSIS AND 
CHIEF INTELLIGENCE OFFICER. 
‘‘(a) OFFICE OF INTELLIGENCE AND ANALYSIS.— 
There shall be in the Department an Office of Intelligence 
and Analysis headed by a Chief Intelligence Officer, who 
shall be appointed by the President. 
‘‘(b) TRANSITIONAL RULE.—The Assistant Secretary 
for Information Analysis appointed pursuant to Sec. 
201(b)(1) of this Act shall serve as the Chief Intelligence 
Officer. 
‘‘(c) RESPONSIBILITIES
OF CHIEF INTELLIGENCE 
OFFICER.—Subject to the direction and control of the 
Secretary, the responsibilities of the Chief Intelligence Of-
ficer shall be as follows: 
‘‘(1) To act as the principal intelligence advisor 
to the Secretary. 
‘‘(2) To represent the Secretary to the intel-
ligence community (as that term is defined in sec-
tion 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4))). 
‘‘(3) To access, receive, and analyze law en-
forcement information, intelligence information, and 
other information from other agencies of the Federal 
Government, State, local, and tribal government 
agencies (including law enforcement agencies), and
private sector entities, and to integrate such infor-
mation in order to— 
‘‘(A) identify and assess the nature and 
scope of terrorist threats to the homeland; 
‘‘(B) detect and identify threats of ter-
rorism against the United States; and 
‘‘(C) understand such threats in light of 
actual and potential vulnerabilities of the home-
land. 
‘‘(4) To ensure, pursuant to section 202, that 
the relevant personnel of the Department have time-
ly and efficient access to any information necessary 
to discharge their responsibilities under this section, 
including obtaining such information from other 
agencies of the Federal Government; 
‘‘(5) To identify the intelligence-gathering com-
ponents of the Department and, within each compo-
nent, to promote an understanding of the intel-
ligence function of that component; 
‘‘(6) To establish, in consultation with other 
agencies of the Federal Government, State, local, 
and tribal government agencies (including law en-
forcement and intelligence agencies), and private 
sector entities, a Department-wide terrorist intel-
ligence matrix, to identify and describe—
‘‘(A) individuals and organizations sus-
pected of terrorist involvement; and 
‘‘(B) current and developing terrorist capa-
bilities, methods, plans, tactics, and threats. 
‘‘(7) To create a coordinated process for col-
lecting and managing intelligence to be used by the 
intelligence-gathering components of the Department 
for providing relevant information for purposes of 
the terrorist intelligence matrix and other informa-
tion needs of the Department. 
‘‘(8) To administer the Homeland Security Ad-
visory System, including— 
‘‘(A) exercising primary responsibility for 
public advisories related to threats to homeland 
security; and 
‘‘(B) in coordination with other agencies of 
the Federal Government, providing specific 
warning information and advice about appro-
priate 
protective 
measures 
and 
counter-
measures, to State, local and tribal government 
agencies and authorities, the private sector, 
other entities, and the public. 
‘‘(9) To establish a streamlined process within 
the Department and the Office of Intelligence and 
Analysis to receive, integrate, and distribute threat
assessment information through the Homeland Secu-
rity Advisory System; 
‘‘(10) To review, analyze, and make rec-
ommendations for improvements in the policies and 
procedures governing the sharing of law enforcement 
information, intelligence information, intelligence-re-
lated information, and other information relating to 
homeland security within the Federal Government 
and between the Federal Government and State, 
local, and tribal government agencies and authori-
ties. 
‘‘(11) To disseminate, as appropriate, informa-
tion analyzed by the Department within the Depart-
ment, to other agencies of the Federal Government 
with responsibilities relating to homeland security, 
and to agencies of State, local, and tribal govern-
ments and private sector entities with such respon-
sibilities in order to assist in the deterrence, preven-
tion, preemption of, or response to, terrorist attacks 
against the United States. 
‘‘(12) To consult with the Director of National 
Intelligence and other appropriate intelligence, law 
enforcement, or other elements of the Federal Gov-
ernment to establish collection priorities and strate-
gies for information, including law enforcement-re-
lated information, relating to threats of terrorism 
against the United States through such means as 
the representation of the Department in discussions 
regarding requirements and priorities in the collec-
tion of such information. 
‘‘(13) To consult with State, local, and tribal 
governments and private sector entities to ensure 
appropriate exchanges of information, including law 
enforcement-related information, relating to threats 
of terrorism against the United States; 
‘‘(14) To ensure that— 
‘‘(A) any material received pursuant to 
this Act is protected from unauthorized disclo-
sure and handled and used only for the per-
formance of official duties; and 
‘‘(B) any intelligence information under 
this Act is shared, retained, and disseminated 
consistent with the authority of the Director of 
National Intelligence to protect intelligence 
sources and methods under the National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) and 
related procedures and, as appropriate, similar 
authorities of the Attorney General concerning 
sensitive law enforcement information.