104 
(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of such Act is amend-
ed by inserting after the item relating to sec-
tion 202 the following: 
‘‘Sec. 203. Alternative analysis of homeland security informa-
tion.’’. 
SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND 
INFRASTRUCTURE PROTECTION FUNCTIONS. 
Section 201(b) of the Homeland Security 
Act of 2002 (6 U.S.C. 121(b)) is amended by 
adding at the end the following: 
‘‘(4) ASSIGNMENT
OF
SPECIFIC
FUNC-
TIONS.—The Under Secretary for Informa-
tion Analysis and Infrastructure Protec-
tion— 
‘‘(A) shall assign to the Assistant 
Secretary for Information Analysis 
the responsibility for performing the 
functions described in paragraphs (1), 
(4), (7) through (14), (16), and (18) of 
subsection (d); 
‘‘(B) shall assign to the Assistant 
Secretary for Infrastructure Protec-
tion the responsibility for performing 
the 
functions 
described 
in 
para-
105 
graphs (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 
relating 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-
ordinate with elements of the intel-
ligence community, as appropriate.’’.
106 
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. 
‘‘(a) PRIMARY AUTHORITY.—Except as pro-
vided in subsection (b), the Secretary shall be 
the executive branch official responsible for 
disseminating homeland security information 
to State and local government and tribal offi-
cials and the private sector. 
‘‘(b) PRIOR APPROVAL REQUIRED.—No Fed-
eral official may disseminate any homeland 
security information, as defined in section 
892(f)(1), to State, local, tribal, or private sec-
tor officials without the Secretary’s prior ap-
proval, except— 
‘‘(1) in exigent circumstances under 
which it is essential that the information 
be communicated immediately; or 
‘‘(2) when such information is issued 
to State, local, or tribal law enforcement 
officials for the purpose of assisting them
107 
in any aspect of the administration of 
criminal justice.’’. 
(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of such Act is amend-
ed by inserting after the item relating to sec-
tion 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: 
‘‘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 
Center in order to become familiar with— 
‘‘(A) the mission and capabilities 
of that Center; and
108 
‘‘(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 Fel-
lows Program. 
‘‘(b) ELIGIBILITY.—In order to be eligible 
for selection as a fellow under the program, 
an individual 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
109 
‘‘(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 
fellowship of an individual under the pro-
gram, the Secretary shall, subject to the avail-
ability of appropriations— 
‘‘(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:
110 
‘‘Sec. 204. 9/11 Memorial Homeland Security Fellows Pro-
gram.’’. 
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 
Information 
Analysis 
receives 
promptly and without request all in-
formation obtained by any compo-
nent of the Department if that infor-
mation relates, directly or indirectly, 
to a threat of 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 State, local, trib-
al, and private sector officials; 
and 
‘‘(C) such information is used to 
determine what requests the Depart-
111 
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-
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 De-
partment that may contain such in-
formation.’’.
112 
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 na-
tionwide real-time homeland security 
information sharing network for Fed-
eral, State, and local government 
agencies and authorities, tribal offi-
cials, the private sector, and other 
governmental and private entities in-
volved in receiving, analyzing, and 
distributing information related to 
threats to homeland security; 
‘‘(B) ensuring that the informa-
tion sharing systems, developed in 
connection with the network estab-
lished under subparagraph (A), are 
utilized and are compatible with, to 
the greatest extent practicable, Fed-
eral, State, and local government, 
tribal, 
and 
private 
sector
113 
antiterrorism systems and protocols 
that have been or are being devel-
oped; 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: 
‘‘§ 9702. Recruitment bonuses 
‘‘(a) IN
GENERAL.—Notwithstanding any 
provision of chapter 57, the Secretary of 
Homeland Security, acting through the Under 
Secretary for Information Analysis and Infra-
structure Protection, may pay a bonus to an 
individual in order to recruit such individual 
for a position that is primarily responsible for 
discharging the analytic responsibilities spec-
ified in section 201(d) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 121(d)) and that—
114 
‘‘(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 ex-
ceed 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 
pur-
poses 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.
115 
‘‘(c) SERVICE AGREEMENTS.—Payment of a 
bonus under this section shall be contingent 
upon the employee entering into a written 
service agreement with the Department of 
Homeland Security. The agreement shall in-
clude— 
‘‘(1) the period of service the indi-
vidual shall be required to complete in 
return for the bonus; and 
‘‘(2) the conditions under which the 
agreement may be terminated before the 
agreed-upon service period has been 
completed, and the effect of any such ter-
mination. 
‘‘(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 Sen-
ate; 
‘‘(2) a position in the Senior Executive 
Service as a noncareer appointee (as de-
fined under section 3132(a)); or
116 
‘‘(3) a position which has been ex-
cepted from the competitive service by 
reason of its confidential, policy-deter-
mining, policy-making, or policy-advo-
cating character. 
‘‘(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 Protec-
tion of the Department of Homeland Security, 
the annuitant’s annuity shall continue. An an-
nuitant 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 Protec-
tion from the reemployed annuitant provi-
sions of chapters 83 and 84 shall terminate 3 
years after the date of the enactment of this
117 
section, unless extended by the Secretary of 
Homeland Security. Any such extension shall 
be for a period of 1 year and shall be renew-
able. 
‘‘(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. 
‘‘9703. Reemployed annuitants. 
‘‘9704. Regulations.’’. 
SEC. 222. INFORMATION COLLECTION REQUIREMENTS AND 
PRIORITIES. 
(a) IN GENERAL.—Section 102 of the Home-
land Security Act of 2002 (6 U.S.C. 112) is 
amended—
118 
(1) by redesignating subsections (e), 
(f), and (g), as subsections (f), (g), and (h), 
respectively; and 
(2) by inserting after subsection (d) 
the following new subsection (e): 
‘‘(e) PARTICIPATION IN FOREIGN COLLECTION 
REQUIREMENTS AND MANAGEMENT PROCESSES.— 
The Secretary shall be a member of any Fed-
eral Government interagency board, estab-
lished by Executive order or any other bind-
ing interagency directive, that is responsible 
for establishing foreign collection informa-
tion requirements and priorities for esti-
mative analysis.’’. 
(b) HOMELAND SECURITY INFORMATION RE-
QUIREMENTS BOARD.— 
(1) IN GENERAL.—Title I of such Act (6 
U.S.C. 111 et seq.) is further amended by 
adding at the end the following new sec-
tion: 
‘‘SEC. 105. HOMELAND SECURITY INFORMATION REQUIRE-
MENTS BOARD. 
‘‘(a) ESTABLISHMENT OF BOARD.—There is 
established an interagency Homeland Secu-
rity Information Requirements Board (herein-
119 
after in this section referred to as the ‘Infor-
mation Requirements Board’). 
‘‘(b) MEMBERSHIP.—The following officials 
are members of the Information Require-
ments Board: 
‘‘(1) The Secretary of Homeland Secu-
rity, who shall serve as the Chairman of 
the Information Requirements Board. 
‘‘(2) The Attorney General. 
‘‘(3) The Secretary of Commerce. 
‘‘(4) The Secretary of the Treasury. 
‘‘(5) The Secretary of Defense. 
‘‘(6) The Secretary of Energy. 
‘‘(7) The Secretary of State. 
‘‘(8) The Secretary of the Interior. 
‘‘(9) The Director of National Intel-
ligence. 
‘‘(10) The Director of the Federal Bu-
reau of Investigation. 
‘‘(11) The Director of the National 
Counterterrorism Center. 
‘‘(12) The Chief Privacy Officer of the 
Department of Homeland Security. 
‘‘(c) FUNCTIONS.—
120 
‘‘(1) OVERSIGHT OF HOMELAND SECURITY 
REQUIREMENTS.—The 
Information 
Re-
quirements Board shall oversee the proc-
ess for establishing homeland security re-
quirements and collection management 
for all terrorism-related information and 
all other homeland security information 
(as defined in section 892(f)(1)) collected 
within the United States. 
‘‘(2) DETERMINATION
OF
COLLECTION 
PRIORITIES.—The 
Information 
Require-
ments Board shall— 
‘‘(A) determine the domestic infor-
mation collection requirements for 
information relevant to the homeland 
security mission; and 
‘‘(B) prioritize the collection and 
use of such information. 
‘‘(3) COORDINATION OF COLLECTION RE-
QUIREMENTS
AND
MANAGEMENT
ACTIVI-
TIES.— 
‘‘(A) COORDINATION WITH COUNTER-
PART
AGENCIES.—The Chairman shall 
ensure that the Information Require-
ments Board carries out its activities
121 
in a manner that is fully coordinated 
with the Board’s counterpart entities. 
‘‘(B) PARTICIPATION
OF
COUNTER-
PART
ENTITIES.—The Chairman and 
the Director of National Intelligence 
shall ensure that each counterpart 
entity— 
‘‘(i) has at least one represent-
ative on the Information Require-
ment Board and on every sub-
component of the Board; and 
‘‘(ii) meets jointly with the In-
formation 
Requirements 
Board 
(and, as appropriate, with any 
subcomponent of the Board) as 
often as the Chairman and the Di-
rector of National Intelligence de-
termine appropriate. 
‘‘(C) 
COUNTERPART
ENTITY
DE-
FINED.—In 
this 
section, 
the 
term 
‘counterpart entity’ means an entity 
of the Federal Government that is re-
sponsible for foreign intelligence col-
lection requirements and manage-
ment.
122 
‘‘(d) MEETINGS.— 
‘‘(1) IN GENERAL.—The Information Re-
quirements Board shall meet regularly at 
such times and places as its Chairman 
may direct. 
‘‘(2) 
INVITED
REPRESENTATIVES.—The 
Chairman may invite representatives of 
Federal agencies not specified in sub-
section (b) to attend meetings of the In-
formation Requirements Board.’’. 
(2) CLERICAL
AMENDMENT.—The table 
of contents in section 1(b) of such Act is 
further amended by inserting after the 
item relating to section 104 the following 
new item: 
‘‘Sec. 105. Homeland 
Security 
Information 
Requirements 
Board.’’. 
SEC. 223. 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 fol-
lowing:
123 
‘‘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 
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 
specific region, locality, or economic sec-
tor 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.’’.
124 
(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. 224. 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 
Information Analysis produces and 
disseminates 
reports 
and 
analytic 
products based on open-source infor-
mation that do not require a national 
security classification under applica-
ble law; and 
‘‘(B) 
such 
unclassified 
open- 
source reports are produced and dis-
seminated contemporaneously with 
reports or analytic products con-
cerning the same or similar informa-
tion that the Assistant Secretary for 
Information Analysis produces and 
disseminates in a classified format.’’.
125 
SEC. 225. 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 informa-
tion, the Assistant Secretary for Information 
Analysis and the Assistant Secretary for In-
frastructure Protection make full and effi-
cient use of open-source information wher-
ever 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.’’.
126 
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) 
is amended by striking ‘‘and’’ after the semi-
colon at the end of paragraph (8), by striking 
the period at the end of paragraph (9) and in-
serting ‘‘; 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 in-
corporate 
government 
officials, 
emer-
gency response providers, public safety 
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.’’.
127 
(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 
establish a National Terrorism Exercise Pro-
gram for the purpose of testing and evalu-
ating the Nation’s capabilities to prevent, pre-
pare for, respond to, and recover from threat-
ened or actual acts of terrorism that— 
‘‘(1) enhances coordination for ter-
rorism preparedness between all levels of 
government, emergency response pro-
viders, international governments and or-
ganizations, and the private sector; 
‘‘(2) is— 
‘‘(A) multidisciplinary in nature, 
including, as appropriate, informa-
128 
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 
parties regarding the timing and de-
tails of such exercises, consistent 
with safety considerations; 
‘‘(D) evaluated against perform-
ance measures and followed by cor-
rective 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, 
authorities, and training institutions 
for emergency response providers; 
and 
‘‘(3) assists State, territorial, local, 
and tribal governments with the design,
129 
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, through the National Terrorism Exer-
cise Program, shall perform on a periodic 
basis national terrorism preparedness exer-
cises for the purposes of— 
‘‘(1) involving top officials from Fed-
eral, State, territorial, local, tribal, and 
international governments, as the Sec-
retary considers appropriate; 
‘‘(2) testing and evaluating the Na-
tion’s capability to detect, disrupt, and 
prevent 
threatened 
or 
actual 
cata-
strophic acts of terrorism, especially 
those involving weapons of mass destruc-
tion; and 
‘‘(3) testing and evaluating the Na-
tion’s readiness to respond to and re-
cover from catastrophic acts of terrorism,
130 
especially those involving weapons of 
mass destruction. 
‘‘(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 (in-
cluding urban and rural) and substantive 
cross section of governmental and nongovern-
mental first responder disciplines, including 
as appropriate— 
‘‘(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: 
‘‘Subtitle J—Terrorism Preparedness Exercises 
‘‘Sec. 899a. National terrorism exercise program.’’. 
(c) TOPOFF PREVENTION
EXERCISE.—No 
later than one year after the date of enact-
ment of this Act, the Secretary of Homeland
131 
Security shall design and carry out a national 
terrorism prevention exercise for the pur-
poses 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 
cata-
strophic acts of terrorism, especially 
those involving weapons of mass destruc-
tion. 
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. 
(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:
132 
‘‘(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 sec-
tor 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 
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
133 
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, pre-
pare for, or respond to acts of ter-
rorism; 
‘‘(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 the private sector the availability 
of such technologies for antiterrorism 
use, as well as the technology’s speci-
fications, satisfaction of appropriate
134 
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; 
‘‘(B) 
consult 
with 
government 
agencies and nationally recognized 
standards development organizations 
as appropriate;
135 
‘‘(C) enter into agreements and 
coordinate with other Federal agen-
cies, foreign governments, and na-
tional and international organiza-
tions as the Secretary determines ap-
propriate, in order to maximize the 
effectiveness of such technologies or 
to 
facilitate 
commercialization 
of 
such technologies; and 
‘‘(D) consult with existing tech-
nology transfer programs and Fed-
eral and State training centers that 
research, develop, test, evaluate, and 
transfer military and other tech-
nologies for use by emergency re-
sponse 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 
being developed, or are developed, by the 
Department of Defense or the private sec-
tor, which may include—
136 
‘‘(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, develop-
ment, testing, or evaluation of related 
technologies 
or 
that 
have 
dem-
onstrated prior experience and suc-
cess in searching for and identifying 
technologies for Federal agencies; 
‘‘(C) Federal, State, and local 
emergency response providers; and 
‘‘(D) to the extent the Secretary 
considers appropriate, other organi-
zations, 
other 
interested 
Federal, 
State, and local agencies, and other 
interested 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 Committees on Homeland Se-
curity and Energy and Commerce of the 
House of Representatives and the Committees 
on Homeland Security and Governmental Af-
137 
fairs and Commerce, Science, and Transpor-
tation of the Senate a description 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 proposals 
received as described in subsection (b)(3) of 
such section. 
(d) SAVINGS CLAUSE.—Nothing in this sec-
tion (including the amendments made by this 
section) shall be construed to alter or dimin-
ish the effect of the limitation on the author-
ity 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-related research and develop-
ment activities. 
SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS. 
(a) STUDY.—The Secretary of Homeland 
Security shall conduct a study of all Depart-
ment of Homeland Security procurements, in-
cluding ongoing procurements and antici-
pated procurements, to—
138 
(1) identify those that involve any 
product, equipment, service (including 
support services), device, or technology 
(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 serv-
ices), device, and technology identified 
under subsection (a) that the Secretary
139 
believes would be an appropriate can-
didate for the litigation and risk manage-
ment protections of subtitle G of title VIII 
of the Homeland Security Act of 2002; 
(2) listing each such product, equip-
ment, service (including support serv-
ices), device, and technology in order of 
priority for deployment in accordance 
with current terrorism risk assessment 
information; and 
(3) 
setting 
forth 
specific 
actions 
taken, or to be taken, to encourage or re-
quire persons or entities that sell or oth-
erwise provide such products, equipment, 
services (including support services), de-
vices, and technologies to apply for the 
litigation and risk management protec-
tions of subtitle G of title VIII of the 
Homeland Security Act of 2002, and to en-
sure prioritization of the Department’s 
review of such products, equipment, serv-
ices, devices, and technologies under 
such 
Act 
in 
accordance 
with 
the 
prioritization set forth in paragraph (2) 
of this subsection.
140 
SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECU-
RITY. 
The Secretary of Homeland Security shall 
establish a university-based Center for Excel-
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 sys-
tems, including the conduct of research, the 
examination of existing and emerging border 
security technology and systems, and the pro-
vision of education, technical, and analytical 
assistance for the Department of Homeland 
Security to effectively secure the Nation’s bor-
ders. 
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
141 
that the Secretary is considering desig-
nating as a port under the Container Se-
curity Initiative (CSI) on or after the date 
of the enactment of this Act. Each such 
assessment shall evaluate the level of risk 
for the potential compromise of cargo 
containers 
by 
terrorists 
or 
terrorist 
weapons. 
(2) DESIGNATION.—The Secretary is 
authorized 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, based on a risk as-
sessment under paragraph (1) and a cost- 
benefit analysis, that the benefits of des-
ignating such port outweigh the cost of 
expanding 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
142 
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-
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 
procedures as a condition for receiving 
the equipment and training under such 
paragraph. 
(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.
143 
(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-
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 
arriving 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 ter-
rorist weapons.
144 
(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— 
(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 
com-
promise by terrorists or terrorist weap-
ons 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).
145 
(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 
recommendations 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 orga-
nizations to establish standards for the secu-
rity of maritime cargo containers moving 
within the intermodal transportation system 
that, to the maximum extent practicable, meet 
the requirements 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
146 
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 anoma-
lies in shipping bills of lading. 
(2) REPORT.—Not later than 90 days 
after the date of the enactment of this 
Act, the Secretary shall submit to the 
Committees on Homeland Security and 
Energy and Commerce of the House of 
Representatives and the Committees on 
Homeland Security and Governmental Af-
fairs and Commerce, Science, and Trans-
portation of the Senate a report on the 
implementation of this subsection, in-
cluding information on any data search-
ing technologies that will be used to im-
plement the strategy. 
(d) CONTAINER SECURITY DEMONSTRATION 
PROGRAM.— 
(1) PROGRAM.—The Secretary is au-
thorized to establish and carry out a 
demonstration program that integrates 
nonintrusive inspection equipment, in-
147 
cluding radiation detection equipment 
and gamma ray inspection equipment, at 
an appropriate United States seaport, as 
determined 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 
within the Department of Homeland Se-
curity. 
(3) REPORT.—Upon completion of the 
demonstration program, the Secretary 
shall submit to the Committees on Home-
land Security and Energy and Commerce 
of the House of Representatives and the 
Committees on Homeland Security and 
Governmental Affairs and Commerce, 
Science, and Transportation of the Sen-
ate a report on the implementation of 
this subsection. 
(e) CONSOLIDATION OF CONTAINER SECURITY 
PROGRAMS.—The Secretary shall consolidate 
all programs of the Department of Homeland
148 
Security relating to the security of maritime 
cargo containers, including the demonstra-
tion program established pursuant to sub-
section (d), to achieve enhanced coordination 
and efficiency. 
SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT 
RONALD REAGAN WASHINGTON NATIONAL 
AIRPORT. 
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 
ASSIST-
ANCE. 
(a) FINDINGS.—The Congress finds the fol-
lowing: 
(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 ef-
fective multi-jurisdictional response. 
(2) Many jurisdictions across the 
country still experience difficulties com-
149 
municating that may contribute to confu-
sion, delays, or added risks when re-
sponding to an emergency. 
(3) During fiscal year 2004, the Office 
for Domestic Preparedness awarded over 
$834,000,000 for 2,912 projects through 
Department of Homeland Security grant 
programs for the purposes of improving 
communications interoperability. 
(4) 
Interoperable 
communications 
systems are most effective when designed 
to comprehensively address, on a re-
gional basis, the communications of all 
types of public safety agencies, first re-
sponder disciplines, and State and local 
government facilities. 
(5) Achieving communications inter-
operability is complex due to the exten-
sive training, system modifications, and 
agreements among the different jurisdic-
tions that are necessary to implement ef-
fective communications systems. 
(6) The Congress authorized the De-
partment of Homeland Security to create 
an Office for Interoperability and Com-
150 
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 interoper-
able communications for first responders. 
(7) The Office for Interoperability and 
Compatibility includes the SAFECOM 
Program that serves as the umbrella pro-
gram within the Federal government to 
improve public safety communications 
interoperability, and has developed the 
RAPIDCOM program, the Statewide Com-
munications 
Interoperability 
Planning 
Methodology, and a Statement of Re-
quirements to provide technical, plan-
ning, and purchasing assistance for Fed-
eral 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
151 
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 safe-
ty 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 inter-
operability. 
(3) Providing technical assistance to 
additional urban and other high-risk 
areas to support the establishment of 
consistent, secure, and effective inter-
operable 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
152 
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 Secu-
rity of the House of Representatives and the 
Committee on Homeland Security and Gov-
ernmental Affairs of the Senate by no later 
than 120 days after the date of the enactment 
of this Act regarding how the Department of 
Homeland Security will implement the appli-
cable recommendations from the Government 
Accountability Office report entitled ‘‘Home-
land Security: Much is Being Done to Protect 
Agriculture from a Terrorist Attack, but Im-
portant Challenges Remain’’ (GAO–05–214).
153 
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) ESTABLISHMENT.—Section 201(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 
121(b)) is amended— 
(1) by redesignating paragraph (3) as 
paragraph (4); and 
(2) by inserting after paragraph (2) 
the following new paragraph: 
‘‘(3) 
ASSISTANT
SECRETARY
FOR 
CYBERSECURITY.—There shall be in the De-
partment 
an 
Assistant 
Secretary 
for 
Cybersecurity, who shall be appointed by 
the President.’’; and 
(3) in paragraph (4), as redesignated 
by subparagraph (A) of this paragraph— 
(A) by striking ‘‘Analysis and the’’ 
and inserting ‘‘Analysis, the’’ and
154 
(B) by striking ‘‘Protection shall’’ 
and inserting ‘‘Protection, and the As-
sistant Secretary for Cybersecurity 
shall’’. 
(b) RESPONSIBILITIES.—The Under Sec-
retary of Information Analysis and Infrastruc-
ture Protection shall assign to the Assistant 
Secretary for Cybersecurity responsibility 
for— 
(1) the National Cyber Security Divi-
sion and the National Communications 
System within the Department of Home-
land Security; 
(2) the cybersecurity-related aspects 
of paragraphs (2), (3), (5), (6), (15), and 
(17) of subsection (d) of section 201 of the 
Homeland Security Act of 2002; and 
(3) such other duties as the Under 
Secretary may provide pursuant to sec-
tion 201 of such Act. 
(c) COORDINATION.—The Assistant Sec-
retary of Cybersecurity shall coordinate all 
activities under this subtitle with other Fed-
eral agencies, including the Department of 
Commerce, the Department of Energy, the De-
155 
partment of Transportation, the Federal Com-
munications Commission, the Nuclear Regu-
latory Commission, the Federal Energy Regu-
latory Commission, the Environmental Pro-
tection Agency, the Federal Trade Commis-
sion, and the National Telecommunications 
and Information Administration. 
SEC. 313. CYBERSECURITY DEFINED. 
For the purposes of this subtitle, the term 
‘‘cybersecurity’’ means the protection and res-
toration of networked electronic equipment 
and facilities, including hardware and soft-
ware and the information contained therein, 
from intrusion, interference, and incapacita-
tion. 
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 
conjunction with the National Science Foun-
dation, a program to award grants to institu-
tions of higher education (and consortia 
thereof) for—
156 
(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 
degree 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 
establish the goals for the program estab-
lished under this section and the criteria 
for awarding grants under the program. 
(2) NATIONAL
SCIENCE
FOUNDATION.— 
The Director of the National Science 
Foundation shall operate the program es-
tablished under this section consistent 
with the goals and criteria established 
under paragraph (1), including soliciting
157 
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-
mitted by consortia of institutions to en-
courage as many students and profes-
sionals as possible to benefit from this 
program.
158 
(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)). 
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 
appropriate owners, operators, and providers 
of 
public 
transportation 
systems, 
public 
transportation employees and employee rep-
resentatives, and Federal, State, and local of-
ficials, and transmit to Congress, a report 
containing best practices for the security of 
public transportation systems. In developing 
best practices, the Secretary shall be respon-
sible for consulting with and collecting input
159 
from owners, operators, and providers of pub-
lic transportation systems, public transpor-
tation employee representatives, first re-
sponders, industry associations, private sec-
tor experts, academic experts, and appro-
priate 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 Home-
land Security shall develop a national plan for 
public outreach and awareness. Such plan 
shall be designed to increase awareness of 
measures that the general public, public 
transportation passengers, and public trans-
portation employees can take to increase pub-
lic transportation system security. Such plan 
shall also provide outreach to owners, opera-
tors, providers, and employees of public 
transportation systems to improve their 
awareness of available technologies, ongoing 
research and development efforts, and avail-
able Federal funding sources to improve pub-
lic transportation security. Not later than 9 
months after the date of enactment of this
160 
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 
Security shall complete the prioritization of 
the Nation’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 signifi-
cant disruption of such infrastructure. 
(3) The likelihood that an attack 
would result in substantial numbers of 
deaths and serious bodily injuries, a sub-
stantial adverse impact on the national
161 
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. The Secretary shall coordinate 
the prioritization under this section with 
other Federal agencies, including the Depart-
ment of Commerce, the Department of En-
ergy, the Department of Transportation, the 
Federal Communications Commission, the 
Nuclear Regulatory Commission, the Federal 
Energy Regulatory Commission, the Environ-
mental Protection Agency, the Federal Trade 
Commission, and the National Telecommuni-
cations and Information Administration. 
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—
162 
(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 
(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
163 
economy from the implementation of 
such protective measures. 
(c) COORDINATION.—The Secretary shall 
coordinate the security review and rec-
ommendations required by subsection (a) 
with other Federal agencies, including the 
Department of Commerce, the Department of 
Energy, the Department of Transportation, 
the Federal Communications Commission, the 
Nuclear Regulatory Commission, the Federal 
Energy Regulatory Commission, the Environ-
mental Protection Agency, the Federal Trade 
Commission, and the National Telecommuni-
cations and Information Administration. 
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-
mittees on Homeland Security and Energy 
and Commerce of the House of Representa-
tives and the Committees on Homeland Secu-
rity and Governmental Affairs and Com-
merce, Science, and Transportation of the 
Senate on the implementation of section 332. 
Such report shall detail—
164 
(1) the Secretary’s review and coordi-
nation of security plans under section 
332; and 
(2) the Secretary’s oversight of the 
execution and effectiveness of such plans. 
(b) UPDATE.—Not later than 1 year after 
the submission of the report under subsection 
(a), the Secretary, following the coordination 
required by section 332(c), 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— 
(A) be made available pursuant to 
any State or local law requiring dis-
closure of information or records;
165 
(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 
purpose of protecting critical infra-
structure or protected systems, or in 
furtherance of an investigation or the 
prosecution of a criminal act. 
TITLE IV—MISCELLANEOUS 
SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDI-
NATION AND OPERATIONS. 
(a) FINDINGS.—The Congress makes the 
following findings: 
(1) In creating the Department of 
Homeland 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, 
and by realigning the missions of those 
legacy agencies to more directly support 
our national homeland security efforts.