200 
(7) through (14), (16), and (18) of sub-
section (d); 
‘‘(B) shall assign to the Assistant 
Secretary for Infrastructure Protec-
tion the responsibility for performing 
the functions described in paragraphs 
(2), (5), and (6) of subsection (d); 
‘‘(C) shall ensure that the Assist-
ant Secretary for Information Anal-
ysis and the Assistant Secretary for 
Infrastructure Protection both per-
form the functions described in para-
graphs (3), (15), (17), and (19) of sub-
section (d); 
‘‘(D) may assign to each such As-
sistant Secretary such other duties re-
lating to such responsibilities as the 
Under Secretary may provide; 
‘‘(E) shall direct each such Assist-
ant Secretary to coordinate with Fed-
eral, State, and local law enforcement 
agencies, and with tribal and private 
sector entities, as appropriate; and 
‘‘(F) shall direct the Assistant Sec-
retary for Information Analysis to co-
201 
ordinate with elements of the intel-
ligence community, as appropriate.’’. 
SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SE-
CURITY 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 INFORMATION. 
‘‘The Secretary shall be the principal exec-
utive branch official responsible for dissemi-
nating homeland security information to State 
and local government and tribal officials and 
the private sector. ’’. 
(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of such Act is amended 
by inserting after the item relating to section 
103 the following: 
‘‘Sec. 104. Authority for disseminating homeland security infor-
mation.’’. 
SEC. 217. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS 
PROGRAM. 
(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:
202 
‘‘SEC. 204. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS 
PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall 
establish a fellowship program in accord-
ance with this section for the purpose of 
bringing State, local, tribal, and private 
sector officials to participate in the work 
of the Homeland Security Operations Cen-
ter 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 Infor-
mation Analysis, the Office of Infra-
structure Protection, and other ele-
ments of the Department responsible 
for the integration, analysis, and dis-
semination of homeland security in-
formation, 
as 
defined 
in 
section 
892(f)(1). 
‘‘(2) PROGRAM
NAME.—The program 
under this section shall be known as the 
9/11 Memorial Homeland Security Fellows 
Program.
203 
‘‘(b) ELIGIBILITY.—In order to be eligible for 
selection as a fellow under the program, an in-
dividual must— 
‘‘(1) have homeland security-related 
responsibilities; and 
‘‘(2) possess an appropriate national 
security clearance. 
‘‘(c) LIMITATIONS.—The Secretary— 
‘‘(1) may conduct up to 4 iterations of 
the program each year, each of which 
shall be 90 days in duration; and 
‘‘(2) shall ensure that the number of 
fellows selected for each iteration does not 
impede the activities of the Center. 
‘‘(d) CONDITION.—As a condition of select-
ing an individual as a fellow under the pro-
gram, the Secretary shall require that the in-
dividual’s employer agree to continue to pay 
the individual’s salary and benefits during the 
period of the fellowship. 
‘‘(e) STIPEND.—During the period of the fel-
lowship of an individual under the program, 
the Secretary shall, subject to the availability 
of appropriations—
204 
‘‘(1) provide to the individual a sti-
pend 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 re-
lating to such subtitle the following: 
‘‘Sec. 204. 9/11 Memorial 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 amend-
ed by adding at the end the following: 
‘‘(22) To ensure that— 
‘‘(A) the Assistant Secretary for In-
formation Analysis receives promptly 
and without request all information 
obtained by any component of the De-
partment if that information relates, 
directly or indirectly, to a threat of
205 
terrorism involving the potential use 
of nuclear weapons; 
‘‘(B) such information is— 
‘‘(i) integrated and analyzed 
comprehensively; and 
‘‘(ii) disseminated in a timely 
manner, 
including 
to 
appro-
priately cleared Federal, State, 
local, tribal, and private sector of-
ficials; and 
‘‘(C) such information is used to 
determine what requests the Depart-
ment 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 amend-
ed by adding at the end the following: 
‘‘(23) To ensure that the Assistant Sec-
retary for Information Analysis— 
‘‘(A) is routinely and without re-
quest given prompt access to all ter-
206 
rorism-related information collected 
by or otherwise in the possession of 
any component of the Department, in-
cluding all homeland security infor-
mation (as that term is defined in sec-
tion 892(f)(1)); and 
‘‘(B) to the extent technologically 
feasible has direct access to all data-
bases of any component of the Depart-
ment that may contain such informa-
tion.’’. 
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 amend-
ed by adding at the end the following: 
‘‘(24) To administer the homeland se-
curity information network, including— 
‘‘(A) exercising primary responsi-
bility for establishing a secure nation-
wide real-time homeland security in-
formation sharing network for Fed-
eral, State, and local government 
agencies and authorities, tribal offi-
cials, the private sector, and other
207 
governmental and private entities in-
volved in receiving, analyzing, and 
distributing information related to 
threats to homeland security; 
‘‘(B) ensuring that the information 
sharing systems, developed in connec-
tion with the network established 
under subparagraph (A), are utilized 
and are compatible with, to the great-
est extent practicable, Federal, State, 
and local government, tribal, and pri-
vate sector antiterrorism systems and 
protocols that have been or are being 
developed; and 
‘‘(C) ensuring, to the greatest ex-
tent possible, that the homeland secu-
rity information network and infor-
mation systems are integrated and 
interoperable with existing private 
sector technologies.’’. 
SEC. 221. IAIP PERSONNEL RECRUITMENT. 
(a) IN GENERAL.—Chapter 97 of title 5, 
United States Code, is amended by adding 
after section 9701 the following:
208 
‘‘§ 9702. Recruitment bonuses 
‘‘(a) IN
GENERAL.—Notwithstanding any 
provision of chapter 57, the Secretary of Home-
land Security, acting through the Under Sec-
retary for Information Analysis and Infra-
structure Protection, may pay a bonus to an in-
dividual in order to recruit such individual 
for a position that is primarily responsible for 
discharging the analytic responsibilities speci-
fied in section 201(d) of the Homeland Security 
Act of 2002 (6 U.S.C. 121(d)) and that— 
‘‘(1) is within the Directorate for In-
formation Analysis and Infrastructure 
Protection; and 
‘‘(2) would be difficult to fill in the ab-
sence of such a bonus. 
In determining which individuals are to re-
ceive bonuses under this section, appropriate 
consideration shall be given to the Direc-
torate’s critical need for linguists. 
‘‘(b) BONUS AMOUNT, FORM, ETC.— 
‘‘(1) IN
GENERAL.—The amount of a 
bonus under this section shall be deter-
mined under regulations of the Secretary 
of Homeland Security, but may not exceed
209 
50 percent of the annual rate of basic pay 
of the position involved. 
‘‘(2) 
FORM
OF
PAYMENT.—A 
bonus 
under this section shall be paid in the 
form of a lump-sum payment and shall 
not be considered to be part of basic pay. 
‘‘(3) COMPUTATION RULE.—For purposes 
of paragraph (1), the annual rate of basic 
pay of a position does not include any 
comparability payment under section 5304 
or any similar authority. 
‘‘(c) SERVICE AGREEMENTS.—Payment of a 
bonus under this section shall be contingent 
upon the employee entering into a written serv-
ice agreement with the Department of Home-
land Security. The agreement shall include— 
‘‘(1) the period of service the indi-
vidual shall be required to complete in re-
turn for the bonus; and 
‘‘(2) the conditions under which the 
agreement may be terminated before the 
agreed-upon service period has been com-
pleted, and the effect of any such termi-
nation.
210 
‘‘(d) ELIGIBILITY.—A bonus under this sec-
tion may not be paid to recruit an individual 
for— 
‘‘(1) a position to which an individual 
is appointed by the President, by and with 
the advice and consent of the Senate; 
‘‘(2) a position in the Senior Executive 
Service as a noncareer appointee (as de-
fined under section 3132(a)); or 
‘‘(3) a position which has been ex-
cepted from the competitive service by rea-
son of its confidential, policy-determining, 
policy-making, or policy-advocating char-
acter. 
‘‘(e) TERMINATION.—The authority to pay 
bonuses under this section shall terminate on 
September 30, 2008. 
‘‘§ 9703. Reemployed annuitants 
‘‘(a) IN GENERAL.—If an annuitant receiv-
ing an annuity from the Civil Service Retire-
ment and Disability Fund becomes employed 
in a position within the Directorate for Infor-
mation Analysis and Infrastructure Protection 
of the Department of Homeland Security, the 
annuitant’s annuity shall continue. An annu-
211 
itant so reemployed shall not be considered an 
employee for the purposes of chapter 83 or 84. 
‘‘(b) TERMINATION.—The exclusion pursu-
ant to this section of the Directorate for Infor-
mation Analysis and Infrastructure Protection 
from the reemployed annuitant provisions of 
chapters 83 and 84 shall terminate 3 years 
after the date of the enactment of this section, 
unless extended by the Secretary of Homeland 
Security. Any such extension shall be for a pe-
riod of 1 year and shall be renewable. 
‘‘(c) ANNUITANT DEFINED.—For purposes of 
this section, the term ‘annuitant’ has the 
meaning given such term under section 8331 
or 8401, whichever is appropriate. 
‘‘§ 9704. Regulations 
‘‘The Secretary of Homeland Security, in 
consultation with the Director of the Office of 
Personnel Management, may prescribe any 
regulations necessary to carry out section 9702 
or 9703.’’. 
(b) CLERICAL AMENDMENT.—The analysis 
for chapter 97 of title 5, United States Code, is 
amended by adding after the item relating to 
section 9701 the following: 
‘‘9702. Recruitment bonuses.
212 
‘‘9703. Reemployed annuitants. 
‘‘9704. Regulations.’’. 
SEC. 222. HOMELAND SECURITY ADVISORY SYSTEM. 
(a) IN GENERAL.—Subtitle A of title II of the 
Homeland Security Act of 2002 is further 
amended— 
(1) in section 201(d)(7) (6 U.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 Information Analysis and Infrastructure 
Protection shall implement a Homeland Secu-
rity Advisory System in accordance with this 
section to provide public advisories and alerts 
regarding threats to homeland security, in-
cluding national, regional, local, and eco-
nomic sector advisories and alerts, as appro-
priate. 
‘‘(b) REQUIRED ELEMENTS.—The Under Sec-
retary, under the System— 
‘‘(1) shall include, in each advisory 
and alert regarding a threat, information 
on appropriate protective measures and
213 
countermeasures that may be taken in re-
sponse to the threat; 
‘‘(2) shall, whenever possible, limit the 
scope of each advisory and alert to a spe-
cific 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 ex-
clusive 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 further 
amended by adding at the end of the items re-
lating to subtitle A of title II the following: 
‘‘Sec. 205. Homeland Security Advisory System.’’. 
SEC. 223. USE OF OPEN-SOURCE INFORMATION. 
Section 201(d) of the Homeland Security 
Act of 2002 (6 U.S.C. 121(d)) is further amend-
ed by adding at the end the following: 
‘‘(25) To ensure that, whenever pos-
sible— 
‘‘(A) the Assistant Secretary for In-
formation Analysis produces and dis-
seminates reports and analytic prod-
ucts based on open-source information
214 
that do not require a national secu-
rity classification under applicable 
law; and 
‘‘(B) such unclassified open-source 
reports are produced and dissemi-
nated contemporaneously with reports 
or analytic products concerning the 
same or similar information that the 
Assistant Secretary for Information 
Analysis produces and disseminates 
in a classified format.’’. 
SEC. 224. 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 further 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 require-
ments for collection of additional information, 
the Assistant Secretary for Information Anal-
ysis and the Assistant Secretary for Infrastruc-
215 
ture Protection make full and efficient use of 
open-source information wherever possible.’’. 
(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of such Act is further 
amended by inserting after the item relating 
to section 205 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(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 
238(c)) 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, 
per-
forming, and evaluating exercises at the 
national, 
State, 
territorial, 
regional, 
local, and tribal levels of government that 
incorporate government officials, emer-
gency response providers, public safety
216 
agencies, the private sector, international 
governments 
and 
organizations, 
and 
other appropriate entities to test the Na-
tion’s capability to prevent, prepare for, 
respond to, and recover from threatened 
or actual acts of terrorism.’’. 
(b) NATIONAL TERRORISM EXERCISE PRO-
GRAM.— 
(1) ESTABLISHMENT OF PROGRAM.—Title 
VIII of the Homeland Security Act of 2002 
(Public Law 107–296) is amended by add-
ing at the end the following new subtitle: 
‘‘Subtitle J—Terrorism 
Preparedness Exercises 
‘‘SEC. 899a. NATIONAL TERRORISM EXERCISE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, through 
the Office for Domestic Preparedness, shall es-
tablish a National Terrorism Exercise Pro-
gram for the purpose of testing and evaluating 
the Nation’s capabilities to prevent, prepare 
for, respond to, and recover from threatened or 
actual acts of terrorism that— 
‘‘(1) enhances coordination for ter-
rorism preparedness between all levels of 
government, 
emergency 
response 
pro-
217 
viders, international governments and or-
ganizations, and the private sector; 
‘‘(2) is— 
‘‘(A) multidisciplinary in nature, 
including, as appropriate, informa-
tion analysis and cybersecurity com-
ponents; 
‘‘(B) as realistic as practicable 
and based on current risk assess-
ments, 
including 
credible 
threats, 
vulnerabilities, and consequences; 
‘‘(C) carried out with the min-
imum degree of notice to involved par-
ties regarding the timing and details 
of such exercises, consistent with safe-
ty considerations; 
‘‘(D) evaluated against perform-
ance measures and followed by correc-
tive action to solve identified defi-
ciencies; and 
‘‘(E) assessed to learn best prac-
tices, which shall be shared with ap-
propriate Federal, State, territorial, 
regional, local, and tribal personnel,
218 
authorities, and training institutions 
for emergency response providers; and 
‘‘(3) assists State, territorial, local, 
and tribal governments with the design, 
implementation, and evaluation of exer-
cises that— 
‘‘(A) conform to the requirements 
of paragraph (2); and 
‘‘(B) are consistent with any appli-
cable State homeland security strat-
egy or plan. 
‘‘(b) NATIONAL LEVEL EXERCISES.—The Sec-
retary, in concurrence with the Attorney Gen-
eral and the National Director of Intelligence, 
through the National Terrorism Exercise Pro-
gram, shall perform on a periodic basis na-
tional terrorism preparedness exercises for the 
purposes of— 
‘‘(1) involving top officials from Fed-
eral, State, territorial, local, tribal, and 
international governments; 
‘‘(2) testing and evaluating the Na-
tion’s capability to detect, disrupt, and 
prevent threatened or actual catastrophic
219 
acts of terrorism, especially those involv-
ing weapons of mass destruction; and 
‘‘(3) testing and evaluating the Na-
tion’s readiness to respond to and recover 
from catastrophic acts of terrorism, espe-
cially those involving weapons of mass de-
struction. 
‘‘(c) CONSULTATION WITH FIRST RESPOND-
ERS.—In implementing the responsibilities de-
scribed in subsections (a) and (b), the Sec-
retary shall consult with a geographic (includ-
ing urban and rural) and substantive cross 
section of governmental and nongovernmental 
first responder disciplines, including as ap-
propriate— 
‘‘(1) Federal, State, and local first re-
sponder training institutions; 
‘‘(2) representatives of emergency re-
sponse providers; and 
‘‘(3) State and local officials with an 
expertise in terrorism preparedness.’’. 
(2) 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 title VIII the following:
220 
‘‘Subtitle J—Terrorism Preparedness Exercises 
‘‘Sec. 899a. National terrorism exercise program.’’. 
(c) TOPOFF PREVENTION
EXERCISE.—No 
later than one year after the date of enactment 
of this Act, the Secretary of Homeland Security 
in concurrence with the Attorney General and 
the National Director of Intelligence shall de-
sign and carry out a national terrorism pre-
vention exercise for the purposes of— 
(1) involving top officials from Fed-
eral, State, territorial, local, tribal, and 
international governments; and 
(2) testing and evaluating the Na-
tion’s capability to detect, disrupt, and 
prevent threatened or actual catastrophic 
acts of terrorism, especially those involv-
ing weapons of mass destruction. 
SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER. 
(a) ESTABLISHMENT OF TECHNOLOGY CLEAR-
INGHOUSE.—Not later than 90 days after the 
date of enactment of this Act, the Secretary 
shall complete the establishment of the Tech-
nology Clearinghouse under section 313 of the 
Homeland Security Act of 2002.
221 
(b) TRANSFER PROGRAM.—Section 313 of the 
Homeland 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 identification, modification, 
and commercialization of technology 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 
subsection (d); and 
(3) by inserting after subsection (b) 
the following new subsection: 
‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In 
developing the program described in sub-
section (b)(6), the Secretary, acting through 
the Under Secretary for Science and Tech-
nology, shall— 
‘‘(1) in consultation with the other 
Under Secretaries of the Department and
222 
the Director of the Office for Domestic 
Preparedness, on an ongoing basis— 
‘‘(A) conduct surveys and reviews 
of available appropriate technologies 
that have been, or are in the process 
of being developed, tested, evaluated, 
or demonstrated by the Department, 
other Federal agencies, or the private 
sector or foreign governments and 
international organizations and that 
may be useful in assisting Federal, 
State, and local governmental agen-
cies, emergency response providers, or 
the private sector to prevent, prepare 
for, or respond to acts of terrorism; 
‘‘(B) conduct or support research, 
development, tests, and evaluations, 
as appropriate of technologies identi-
fied under subparagraph (A), includ-
ing any necessary modifications to 
such technologies for antiterrorism 
use; 
‘‘(C) 
communicate 
to 
Federal, 
State, and local governmental agen-
cies, emergency response providers, or
223 
the private sector the availability of 
such technologies for antiterrorism 
use, as well as the technology’s speci-
fications, satisfaction of appropriate 
standards, 
and 
the 
appropriate 
grants available from the Department 
to purchase such technologies; 
‘‘(D) coordinate the selection and 
administration 
of 
all 
technology 
transfer activities of the Science and 
Technology 
Directorate, 
including 
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, 
testing, evaluating, modifying, and 
fielding 
existing 
technologies 
for 
antiterrorism purposes; 
‘‘(2) in support of the activities de-
scribed in paragraph (1)— 
‘‘(A) consult with Federal, State, 
and local emergency response pro-
viders;
224 
‘‘(B) 
consult 
with 
government 
agencies and nationally recognized 
standards development organizations 
as appropriate; 
‘‘(C) enter into agreements and co-
ordinate with other Federal agencies, 
foreign governments, and national 
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 tech-
nology transfer programs and Federal 
and State training centers that re-
search, develop, test, evaluate, and 
transfer 
military 
and 
other 
tech-
nologies for use by emergency response 
providers; and 
‘‘(3) establish a working group in co-
ordination with the Secretary of Defense 
to advise and assist the technology clear-
inghouse in the identification of military 
technologies that are in the process of
225 
being developed, or are developed, by the 
Department of Defense or the private sec-
tor, which may include— 
‘‘(A) representatives from the De-
partment of Defense or retired mili-
tary officers; 
‘‘(B) nongovernmental organiza-
tions or private companies that are 
engaged in the research, development, 
testing, or evaluation of related tech-
nologies or that have demonstrated 
prior 
experience 
and 
success 
in 
searching for and identifying tech-
nologies for Federal agencies; 
‘‘(C) Federal, State, and local 
emergency response providers; and 
‘‘(D) to the extent the Secretary 
considers appropriate, other organiza-
tions, other interested Federal, State, 
and local agencies, and other inter-
ested persons.’’. 
(c) REPORT.—Not later than 1 year after 
the date of enactment of this Act, the Under 
Secretary for Science and Technology shall 
transmit to the Congress a description of the
226 
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 proposals received 
as described in subsection (b)(3) of such sec-
tion. 
(d) SAVINGS CLAUSE.—Nothing in this sec-
tion (including 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 sec-
tion 302(4) of the Homeland Security Act of 
2002 (6 U.S.C. 182(4)) with respect to human 
health-related research and development ac-
tivities. 
SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS. 
(a) STUDY.—The Secretary of Homeland Se-
curity shall conduct a study of all Department 
of Homeland Security procurements, including 
ongoing procurements and anticipated pro-
curements, to— 
(1) identify those that involve any 
product, equipment, service (including 
support services), device, or technology
227 
(including information technology) that is 
being designed, developed, modified, or 
procured for the specific purpose of pre-
venting, detecting, identifying, or deter-
ring acts of terrorism or limiting the 
harm such acts might otherwise cause; 
and 
(2) 
assess 
whether 
such 
product, 
equipment, 
service 
(including 
support 
services), device, or technology is an ap-
propriate candidate for the litigation and 
risk management protections of subtitle G 
of title VIII of the Homeland Security Act 
of 2002. 
(b) 
SUMMARY
AND
CLASSIFICATION
RE-
PORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall 
transmit to the Congress a report— 
(1) describing each product, equip-
ment, service (including support services), 
device, and technology identified under 
subsection (a) that the Secretary believes 
would be an appropriate candidate for 
the litigation and risk management pro-
228 
tections of subtitle G of title VIII of the 
Homeland Security Act of 2002; 
(2) listing each such product, equip-
ment, service (including support services), 
device, and technology in order of priority 
for deployment in accordance with cur-
rent terrorism risk assessment informa-
tion; and 
(3) setting forth specific actions taken, 
or to be taken, to encourage or require 
persons or entities that sell or otherwise 
provide such products, equipment, serv-
ices (including support services), devices, 
and technologies to apply for the litiga-
tion and risk management protections of 
subtitle G of title VIII of the Homeland Se-
curity 
Act 
of 
2002, 
and 
to 
ensure 
prioritization of the Department’s review 
of such products, equipment, services, de-
vices, and technologies under such Act in 
accordance with the prioritization set 
forth in paragraph (2) of this subsection. 
SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY. 
The Secretary of Homeland Security shall 
establish a university-based Center for Excel-
229 
lence for Border Security following the merit- 
review processes and procedures that have 
been established for selecting University Pro-
grams Centers of Excellence. The Center shall 
prioritize its activities on the basis of risk to 
address 
the 
most 
significant 
threats, 
vulnerabilities, and consequences posed by the 
Nation’s borders and border control systems, 
including the conduct of research, the exam-
ination of existing and emerging border secu-
rity technology and systems, and the provision 
of education, technical, and analytical assist-
ance for the Department of Homeland Security 
to effectively secure the Nation’s borders. 
SEC. 305. 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 considering designating 
as a port under the Container Security 
Initiative (CSI) on or after the date of the 
enactment of this Act. Each such assess-
230 
ment shall evaluate the level of risk for 
the potential compromise of cargo con-
tainers by terrorists or terrorist weapons. 
(2) DESIGNATION.—The Secretary is au-
thorized to designate a foreign seaport as 
a port under CSI on or after the date of 
the enactment of this Act only if the Sec-
retary determines, based on a risk assess-
ment under paragraph (1) and a cost-ben-
efit analysis, that the benefits of desig-
nating such port outweigh the cost of ex-
panding the program to such port. 
(b) DEPLOYMENT OF INSPECTION EQUIPMENT 
TO NEW CSI PORTS.— 
(1) DEPLOYMENT.—The Secretary is au-
thorized to assist in the loaning of non-
intrusive inspection equipment for cargo 
containers, on a nonreimbursable basis, 
at each CSI port designated under sub-
section (a)(2) and provide training for 
personnel at the CSI port to operate the 
nonintrusive inspection equipment. 
(2) 
ADDITIONAL
REQUIREMENTS.—The 
Secretary shall establish technical capa-
bility requirements and standard oper-
231 
ating procedures for nonintrusive inspec-
tion equipment described in paragraph 
(1) and shall require each CSI port to 
agree to operate such equipment in ac-
cordance with such requirements and pro-
cedures as a condition for receiving the 
equipment and training under such para-
graph. 
(c) DEPLOYMENT OF PERSONNEL TO NEW CSI 
PORTS; REEVALUATION
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 respect to 
which the Secretary determines that the 
deployment is necessary to successfully 
implement the requirements of CSI at the 
port. 
(2) 
REEVALUATION.—The 
Secretary 
shall periodically review relevant risk as-
sessment information with respect to all 
CSI ports at which Department of Home-
land Security personnel are deployed to 
assess whether or not continued deploy-
232 
ment of such personnel, in whole or in 
part, is necessary to successfully imple-
ment the requirements of CSI at the port. 
(d) INSPECTION AND SCREENING AT UNITED 
STATES PORTS OF ENTRY.—Cargo containers ar-
riving at a United States port of entry from a 
CSI port shall undergo the same level of in-
spection and screening for potential com-
promise by terrorists or terrorist weapons as 
cargo containers 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 in-
spection indicates that the containers have not 
been compromised by terrorists or terrorist 
weapons. 
(e) DEFINITION.—In this section, the term 
‘‘Container 
Security 
Initiative’’ 
or 
‘‘CSI’’ 
means the program carried out by the Depart-
ment of Homeland Security under which the 
Department enters into agreements with for-
eign seaports to—
233 
(1) establish security criteria to iden-
tify high-risk maritime cargo containers 
bound for the United States based on ad-
vance information; and 
(2) screen or inspect such maritime 
cargo containers for potential compromise 
by terrorists or terrorist weapons prior to 
shipment to the United States. 
SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS. 
(a) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 180 
days after the date of the enactment of 
this Act, the Secretary of Homeland Secu-
rity shall issue regulations for the secu-
rity of maritime cargo containers moving 
within the intermodal transportation sys-
tem in accordance with the requirements 
of paragraph (2). 
(2) REQUIREMENTS.—The regulations 
issued pursuant to paragraph (1) shall be 
in accordance with recommendations of 
the Maritime Transportation Security Act 
Subcommittee of the Advisory Committee 
on Commercial Operations of the Depart-
ment of Homeland Security, including rec-
234 
ommendations relating to obligation to 
seal, recording of seal changes, modal 
changes, seal placement, ocean carrier 
seal verification, and addressing seal 
anomalies. 
(b) INTERNATIONAL AGREEMENTS.—The Sec-
retary shall seek to enter into agreements with 
foreign countries and international organiza-
tions to establish standards for the security of 
maritime cargo containers moving within the 
intermodal transportation system that, to the 
maximum extent practicable, meet the require-
ments of subsection (a)(2). 
(c) CONTAINER TARGETING STRATEGY.— 
(1) STRATEGY.—The Secretary shall de-
velop a strategy to improve the ability of 
the Department of Homeland Security to 
use information contained in shipping 
bills of lading to identify and provide ad-
ditional review of anomalies in such bills 
of lading. The strategy shall include a 
method of contacting shippers in a timely 
fashion to verify or explain any anomalies 
in shipping bills of lading.
235 
(2) REPORT.—Not later than 90 days 
after the date of the enactment of this Act, 
the Secretary shall submit to the appro-
priate congressional committees a report 
on the implementation of this subsection, 
including 
information 
on 
any 
data 
searching technologies that will be used 
to implement the strategy. 
(d) CONTAINER SECURITY DEMONSTRATION 
PROGRAM.— 
(1) PROGRAM.—The Secretary is au-
thorized to establish and carry out a dem-
onstration program that integrates non-
intrusive inspection equipment, including 
radiation 
detection 
equipment 
and 
gamma ray inspection equipment, at an 
appropriate United States seaport, as de-
termined by the Secretary. 
(2) REQUIREMENT.—The demonstration 
program shall also evaluate automatic 
identification methods for containers and 
vehicles and a data sharing network ca-
pable of transmitting inspection data be-
tween ports and appropriate entities with-
in the Department of Homeland Security.
236 
(3) REPORT.—Upon completion of the 
demonstration program, the Secretary 
shall submit to the appropriate congres-
sional committees a report on the imple-
mentation of this subsection. 
(e) CONSOLIDATION OF CONTAINER SECURITY 
PROGRAMS.—The Secretary shall consolidate 
all programs of the Department of Homeland 
Security relating to the security of maritime 
cargo containers, including the demonstration 
program established pursuant to subsection 
(d), to achieve enhanced coordination and effi-
ciency. 
SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT RON-
ALD REAGAN WASHINGTON NATIONAL AIR-
PORT. 
Not later than 180 days after the date of 
enactment of this Act, the Secretary of Home-
land Security shall implement section 823(a) 
of the Vision 100—Century of Aviation Reau-
thorization Act (49 U.S.C. 41718 note; 117 Stat. 
2595). 
SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE. 
(a) FINDINGS.—The Congress finds the fol-
lowing:
237 
(1) The 9/11 Commission determined 
that the inability 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 com-
municating that may contribute to confu-
sion, delays, or added risks when respond-
ing to an emergency. 
(3) During fiscal year 2004, the Office 
for Domestic Preparedness awarded over 
$834,000,000 for 2,912 projects through De-
partment of Homeland Security grant pro-
grams for the purposes of improving com-
munications interoperability. 
(4) Interoperable communications sys-
tems are most effective when designed to 
comprehensively address, 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 inter-
operability is complex due to the extensive
238 
training, system modifications, and agree-
ments among the different jurisdictions 
that are necessary to implement effective 
communications systems. 
(6) The Congress authorized the De-
partment of Homeland Security to create 
an Office for Interoperability and Com-
patibility in the Intelligence Reform and 
Terrorism Prevention Act of 2004 to, 
among other things, establish a com-
prehensive national approach, coordinate 
federal activities, accelerate the adoption 
of standards, and encourage research and 
development to achieve interoperable com-
munications for first responders. 
(7) The Office for Interoperability and 
Compatibility includes the SAFECOM Pro-
gram that serves as the umbrella program 
within the Federal government to improve 
public safety communications interoper-
ability, and has developed the RAPIDCOM 
program, the Statewide Communications 
Interoperability 
Planning 
Methodology, 
and a Statement of Requirements to pro-
vide technical, planning, and purchasing
239 
assistance for Federal departments and 
agencies, State and local governments, 
and first responders. 
(b) SENSE OF CONGRESS.—It is the sense of 
the Congress that the Department of Home-
land Security should implement as expedi-
tiously as possible the initiatives assigned to 
the Office for Interoperability and Compat-
ibility under section 7303 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 
(6 U.S.C. 194), including specifically the fol-
lowing: 
(1) Establishing a comprehensive na-
tional approach to achieving public safety 
interoperable communications. 
(2) Issuing letters of intent to commit 
future funds for jurisdictions through ex-
isting homeland security grant programs 
to applicants as appropriate to encourage 
long-term investments that may signifi-
cantly improve communications interoper-
ability. 
(3) Providing technical assistance to 
additional urban and other high-risk 
areas to support the establishment of con-
240 
sistent, secure, and effective interoperable 
communications capabilities. 
(4) Completing the report to the Con-
gress on the Department’s plans for accel-
erating the development of national vol-
untary consensus standards for public 
safety interoperable communications, a 
schedule of milestones for such develop-
ment, and achievements of such develop-
ment, 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 
and the Committee on the Judiciary of the 
House of Representatives and the Committee 
on Homeland Security and Governmental Af-
fairs and the Committee on the Judiciary 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 recommenda-
tions from the Government Accountability Of-
241 
fice 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 ‘‘Depart-
ment of Homeland Security Cybersecurity En-
hancement Act of 2005’’. 
SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY. 
(a) IN GENERAL.—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. 207. ASSISTANT SECRETARY FOR CYBERSECURITY. 
‘‘(a) IN GENERAL.—There shall be in the Di-
rectorate for Information Analysis and Infra-
structure Protection a National Cybersecurity 
Office headed by an Assistant Secretary for 
Cybersecurity (in this section referred to as the 
‘Assistant Secretary’), who shall assist the Sec-
retary in promoting cybersecurity for the Na-
tion.
242 
‘‘(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-re-
lated critical infrastructure protection pro-
grams of the Department, including with re-
spect to policy formulation and program man-
agement. 
‘‘(c) RESPONSIBILITIES.—The responsibil-
ities of the Assistant Secretary shall include 
the following: 
‘‘(1) To establish and manage— 
‘‘(A) a national cybersecurity re-
sponse system that includes the ability 
to— 
‘‘(i) 
analyze 
the 
effect 
of 
cybersecurity threat information 
on national critical infrastruc-
ture; and 
‘‘(ii) aid in the detection and 
warning of attacks on, and in the 
restoration of, cybersecurity infra-
structure in the aftermath of such 
attacks;
243 
‘‘(B) 
a 
national 
cybersecurity 
threat and vulnerability reduction 
program that identifies cybersecurity 
vulnerabilities that would have a na-
tional effect on critical infrastructure, 
performs vulnerability assessments on 
information technologies, and coordi-
nates 
the 
mitigation 
of 
such 
vulnerabilities; 
‘‘(C) 
a 
national 
cybersecurity 
awareness and training program that 
promotes 
cybersecurity 
awareness 
among the public and the private sec-
tors and promotes cybersecurity train-
ing and education programs; 
‘‘(D) a government cybersecurity 
program to coordinate and consult 
with Federal, State, and local govern-
ments to enhance their cybersecurity 
programs; and 
‘‘(E) a national security and inter-
national 
cybersecurity 
cooperation 
program to help foster Federal efforts 
to 
enhance 
international
244 
cybersecurity awareness and coopera-
tion. 
‘‘(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 re-
garding critical infrastructure. 
‘‘(3) To coordinate with other direc-
torates and offices within the Department 
on the cybersecurity aspects of their mis-
sions. 
‘‘(4) To coordinate with the Under Sec-
retary for Emergency Preparedness and 
Response to ensure that the National Re-
sponse Plan developed pursuant to section 
502(6) of the Homeland Security Act of 
2002 (6 U.S.C. 312(6)) includes appro-
priate measures for the recovery of the 
cybersecurity elements of critical infra-
structure. 
‘‘(5) To develop processes for informa-
tion sharing with the private sector, con-
sistent with section 214, that—
245 
‘‘(A) 
promote 
voluntary 
cybersecurity best practices, stand-
ards, and benchmarks that are re-
sponsive 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 In-
formation Officer of the Department in es-
tablishing a secure information sharing 
architecture 
and 
information 
sharing 
processes, including with respect to the 
Department’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 Do-
mestic Preparedness to ensure that real-
istic cybersecurity scenarios are incor-
porated into tabletop and recovery exer-
cises.
246 
‘‘(9) To consult and coordinate, as ap-
propriate, with other Federal agencies on 
cybersecurity-related programs, policies, 
and operations. 
‘‘(10) To consult and coordinate with-
in the Department and, where appro-
priate, with other relevant Federal agen-
cies, on security of digital control systems, 
such as Supervisory Control and Data Ac-
quisition (SCADA) systems. 
‘‘(d) AUTHORITY OVER THE NATIONAL COM-
MUNICATIONS SYSTEM.—The Assistant Secretary 
shall have primary authority within the De-
partment 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 prevention of damage to, the
247 
protection of, and the restoration of com-
puters, electronic communications sys-
tems, electronic communication services, 
wire communication, and electronic com-
munication, including information con-
tained therein, to ensure its availability, 
integrity, authentication, confidentiality, 
and nonrepudiation. 
‘‘(B) In this paragraph— 
‘‘(i) each of the terms ‘damage’ 
and ‘computer’ has the meaning that 
term has in section 1030 of title 18, 
United States Code; and 
‘‘(ii) each of the terms ‘electronic 
communications 
system’, 
‘electronic 
communication service’, ‘wire commu-
nication’, and ‘electronic communica-
tion’ 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 Home-
land Security, acting through the Assistant 
Secretary for Cybersecurity, may establish, in
248 
conjunction with the National Science Foun-
dation, a program to award grants to institu-
tions of higher education (and consortia there-
of) 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 pro-
vide training in cybersecurity for either 
professional development programs or de-
gree programs. 
(b) ROLES.— 
(1) DEPARTMENT
OF
HOMELAND
SECU-
RITY.—The Secretary, acting through the 
Assistant Secretary for Cybersecurity and 
in consultation with the Director of the 
National Science Foundation, shall estab-
lish the goals for the program established 
under this section and the criteria for 
awarding grants under the program. 
(2) NATIONAL
SCIENCE
FOUNDATION.— 
The Director of the National Science
249 
Foundation shall operate the program es-
tablished under this section consistent 
with the goals and criteria established 
under paragraph (1), including soliciting 
applicants, reviewing applications, and 
making and administering grant awards. 
The Director may consult with the Assist-
ant Secretary for Cybersecurity in select-
ing awardees. 
(3) 
FUNDING.—The 
Secretary 
shall 
transfer to the National Science Founda-
tion 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 sub-
250 
mitted by consortia of institutions to en-
courage as many students and profes-
sionals 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 
‘‘institution of higher education’’ has the 
meaning given that term in section 101(a) of 
the Higher Education Act of 1965 (20 U.S.C. 
1001(a)). 
SEC. 315. INFORMATION SECURITY REQUIREMENTS AND 
OMB RESPONSIBILITIES NOT AFFECTED. 
(a) IN GENERAL.—This subtitle does not af-
fect— 
(1) any information security require-
ment under any other Federal law; or 
(2) the responsibilities of the Director 
of the Office of Management and Budget 
under any other Federal law. 
(b) LAWS INCLUDED.—The laws referred to 
in subsection (a) include the following:
251 
(1) Chapter 35 of title 44, United 
States Code, popularly known as the Pa-
perwork Reduction Act. 
(2) The Clinger-Cohen Act of 1996 (di-
visions D and E of Public Law 104–106), 
including the provisions of law enacted by 
amendments made by that Act. 
(3) The Federal Information Security 
Management Act of 2002 (title III of Pub-
lic Law 107–347), including the provisions 
of law enacted by amendments 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 Home-
land Security shall develop, disseminate to ap-
propriate owners, operators, and providers of 
public transportation systems, public trans-
portation employees and employee representa-
tives, and Federal, State, and local officials, 
and transmit to Congress, a report containing 
best practices for the security of public trans-
portation systems. In developing best prac-
252 
tices, the Secretary shall be responsible for 
consulting with and collecting input from 
owners, operators, and providers of public 
transportation systems, public transportation 
employee representatives, first responders, in-
dustry associations, private sector experts, 
academic experts, and appropriate Federal, 
State, and local officials. 
SEC. 322. PUBLIC AWARENESS. 
Not later than 90 days after the date of en-
actment of this Act, the Secretary of Homeland 
Security shall develop a national plan for pub-
lic outreach and awareness. Such plan shall 
be designed to increase awareness of measures 
that the general public, public transportation 
passengers, and public transportation employ-
ees can take to increase public transportation 
system security. Such plan shall also provide 
outreach to owners, operators, providers, and 
employees of public transportation systems to 
improve their awareness of available tech-
nologies, ongoing research and development 
efforts, and available Federal funding sources 
to improve public transportation security. Not 
later than 9 months after the date of enact-
253 
ment of this Act, the Secretary shall implement 
the plan developed under this section. 
Subtitle D—Critical Infrastructure 
Prioritization 
SEC. 331. CRITICAL INFRASTRUCTURE. 
(a) COMPLETION
OF PRIORITIZATION.—Not 
later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Se-
curity, in concurrence with the Attorney Gen-
eral and the National Director of Intelligence 
shall complete the prioritization of the Na-
tion’s critical infrastructure according 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 infrastructure. 
(2) The likelihood that an attack 
would cause the destruction or significant 
disruption of such infrastructure. 
(3) The likelihood that an attack 
would result in substantial numbers of
254 
deaths and serious bodily injuries, a sub-
stantial adverse impact on the national 
economy, or a substantial adverse impact 
on national security. 
(b) 
COOPERATION.—Such 
prioritization 
shall be developed 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 
months after the date of the enactment of this 
Act, the Secretary, in coordination 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 infrastructure in-
cluded in the prioritization developed 
under section 331; 
(2) recommend changes to existing 
plans for securing such infrastructure, as 
the Secretary determines necessary; and
255 
(3) coordinate and contribute to pro-
tective 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 
rec-
ommendations made under subsection (a)(2) 
shall include— 
(1) necessary protective measures to 
secure 
such 
infrastructure, 
including 
milestones and timeframes for implemen-
tation; and 
(2) to the extent practicable, perform-
ance 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 Com-
mittee on Homeland Security and the Com-
mittee on the Judiciary of the House of Rep-
resentatives and the Committee on Homeland
256 
Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate on 
the implementation of section 332. Such report 
shall detail— 
(1) the Secretary’s review and coordi-
nation of security plans under section 332; 
and 
(2) the Secretary’s oversight of the exe-
cution and effectiveness of such plans. 
(b) UPDATE.—Not later than 1 year after 
the submission of the report under subsection 
(a), the Secretary shall provide an update of 
such report to the congressional committees 
described in subsection (a). 
SEC. 334. PROTECTION OF INFORMATION. 
Information that is generated, compiled, 
or disseminated by the Department of Home-
land 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 De-
partment to a State or local government 
or government agency—
257 
(A) be made available pursuant to 
any State or local law requiring dis-
closure of information or records; 
(B) otherwise be disclosed or dis-
tributed 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 pur-
pose of protecting critical infrastruc-
ture or protected systems, or in fur-
therance 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 fol-
lowing findings: 
(1) In creating the Department of 
Homeland Security, 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 single new Department,
258 
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 
reorganization, section 442 of the Home-
land 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 Patrol; alien deten-
tion and removal; immigration-related in-
telligence, investigations, and enforce-
ment activities; and immigration inspec-
tions 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 dis-
tinct entity within the new Department, to 
further the Department’s border integrity 
mission. 
(4) Utilizing its reorganization au-
thority provided in the Homeland Security 
Act of 2002, the President submitted a re-
259 
organization plan for the Department on 
January 30, 2003. 
(5) This plan merged the customs and 
immigration border inspection and patrol 
functions, along with agricultural inspec-
tions functions, into a new entity called 
the Bureau of Customs and Border Protec-
tion. 
(6) The plan also combined the cus-
toms 
and 
immigration 
enforcement 
agents, as well as the Office of Detention 
and Removal Operations, the Office of 
Federal Protective Service, the Office of 
Federal Air Marshal Service, and the Of-
fice of Intelligence, into another new enti-
ty called U.S. Immigration and Customs 
Enforcement. 
(7) The President’s January 30, 2003, 
reorganization plan did not explain the 
reasons for separating immigration in-
spection and border patrol functions from 
other 
immigration-related 
enforcement 
functions, or to combine immigration-re-
lated enforcement functions with customs 
and other functions, contrary to the de-
260 
sign of the Bureau of Border Security as 
prescribed by the Congress in section 442 
of the Homeland Security Act of 2002. 
(8) Two years after this structure has 
been in effect, questions remain about 
whether the Department has organized 
itself properly, and is managing its cus-
toms and immigration enforcement and 
border security resources in the most effi-
cient, sensible, and effective manner. 
(9) U.S. Immigration and Customs En-
forcement 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 U.S. 
Immigration and Customs Enforcement to 
impose hiring freezes and to release 
aliens that otherwise should be detained. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 30 
days after the date of the enactment of 
this Act, the Secretary of Homeland Secu-
rity shall review and evaluate the current 
organizational structure of the Depart-
261 
ment of Homeland Security established by 
the President’s January 30, 2003, reorga-
nization plan and submit a report of find-
ings and recommendations to the Con-
gress. 
(2) CONTENTS OF REPORT.—The report 
shall include— 
(A) a description of the rationale 
for, and any benefits of, the current 
organizational division of U.S. Immi-
gration 
and 
Customs 
Enforcement 
and the Bureau of Customs and Bor-
der Protection, with respect to the De-
partment’s immigration and customs 
missions; 
(B) a description of the organiza-
tion, missions, operations, and poli-
cies of the Bureau of Customs and 
Border Protection and U.S. Immigra-
tion and Customs Enforcement, and 
areas of unnecessary overlap or oper-
ational gaps among and between 
these missions; 
(C) a description of the rationale 
for, and any benefits of, the current
262 
organizational combination of immi-
gration-related enforcement functions 
with customs and other functions; 
(D) an analysis of alternative or-
ganizational structures that could 
provide a more effective way to deliver 
maximum efficiencies and mission 
success; 
(E) a description of the current 
role of the Directorate of Border and 
Transportation Security with respect 
to providing adequate direction and 
oversight of the two agencies, and 
whether this management structure is 
still necessary; 
(F) an analysis of whether the 
Federal Air Marshals and the Federal 
Protective Service are properly lo-
cated within the Department within 
U.S. Immigration and Customs En-
forcement; 
(G) the proper placement and 
functions of a specialized investiga-
tive and patrol unit operating at the 
southwest 
border 
on 
the 
Tohono
263 
O’odham Nation, known as the Shad-
ow Wolves; 
(H) the potential costs of reorga-
nization, including financial, pro-
grammatic, and other costs, to the De-
partment; and 
(I) 
recommendations 
for 
cor-
recting the operational and adminis-
trative 
problems 
that 
have 
been 
caused by the division of the Bureau 
of Customs and Border Protection and 
U.S. Immigration and Customs En-
forcement and by the combination of 
immigration-related 
enforcement 
functions with customs and other 
functions in both entities, 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 Gen-
eral of the United States shall submit to the 
Congress a report that sets forth— 
(1) an assessment of the effectiveness 
of the organizational and management 
structure of the Department of Homeland