of risk to address the most significant threats,
vulnerabilities, and consequences posed by the Nation’s
borders and border control systems. The activities should
include the conduct of research, the examination of exist-
ing and emerging border security technology and systems,
and the provision of education, technical, and analytical
assistance for the Department of Homeland Security to
effectively secure the Nation’s borders.
SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER
SECURITY INITIATIVE (CSI).
(a) DESIGNATION OF NEW FOREIGN SEAPORTS.—
The Secretary of Homeland Security may designate a for-
eign seaport as a participating seaport in the Container
Security Initiative program on or after the date of the en-
actment of this Act if the Secretary—
(1) determines, based on a foreign port assess-
ment carried out under section 70108(a) of title 46,
United States Code, or such other risk assessment
that the Secretary may perform, and a cost-benefit
analysis, that the benefits of designating such sea-
port as a participating seaport outweigh the cost of
expanding the program to such seaport; and
(2) enters into an agreement with the foreign
government of such seaport, in consultation with the
Department of State and other appropriate Federal
agencies to—
(A) establish security criteria to identify
the potential compromise by terrorists or ter-
rorist weapons of maritime cargo containers
bound for the United States based on advance
information; and
(B) screen or inspect such maritime cargo
containers for potential compromise by terror-
ists or terrorist weapons prior to shipment to
the United States.
(b) DEPLOYMENT OF INSPECTION EQUIPMENT TO
NEW CSI PARTICIPATING SEAPORTS.—
(1) DEPLOYMENT.—The Secretary may—
(A) loan or otherwise provide nonintrusive
inspection equipment for maritime cargo con-
tainers, on a nonreimbursable basis, at a sea-
port designated under subsection(a); and
(B) provide training for personnel at a sea-
port designated under subsection (a) to operate
the nonintrusive inspection equipment.
(2) ADDITIONAL REQUIREMENTS.—
(A) CAPABILITY REQUIREMENTS AND OP-
ERATING
PROCEDURES.—The Secretary shall
establish technical capability requirements and
standard operating procedures for nonintrusive
inspection equipment described in paragraph
(1), consistent with any standards established
by the Secretary under section 70116 of title 46
United States Code.
(B) AGREEMENT
REQUIRED.—The Sec-
retary shall require each CSI port to agree to
operate such equipment in accordance with re-
quirements and procedures established under
subparagraph (A) as a condition for receiving
the equipment and training under paragraph
(1).
(c) DEPLOYMENT
OF PERSONNEL
TO NEW CSI
PORTS; REEVALUATION
OF PERSONNEL
AT ALL CSI
PORTS.—
(1) DEPLOYMENT.—The Secretary shall deploy
United States Customs and Border Protection per-
sonnel to each seaport designated under subsection
(a) with respect to which the Secretary determines
that the deployment is necessary to successfully im-
plement the requirements of CSI at the port.
(2) REEVALUATION.—The Secretary shall peri-
odically review relevant risk assessment information
with respect to each seaport at which personnel are
deployed under paragraph (1) to assess whether or
not continued deployment of such personnel, in
whole or in part, is necessary to success fully 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 under-
go the same level of inspection and screening for potential
compromise 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 personnel deployed under subsection (c) and
such personnel verify and electronically record that the in-
spection indicates that the containers have not been com-
promised by terrorists or terrorist weapons.
SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.
(a) STANDARDS AND REGULATIONS.—
(1) STANDARDS.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall establish stand-
ards and procedures for securing maritime cargo
containers relating to obligation to seal, recording of
seal changes, modal changes, seal placement, ocean
carrier seal verification, and addressing seal anoma-
lies. These standards shall include the standards for
seals and locks as required under paragraph (3) of
subsection (b) of section 70116 of title 46, United
States Code.
(2) REGULATIONS.—No later than 90 days
after completion of the requirements in subsection
(a), the Secretary of Homeland Security shall issue
regulations for the security of maritime cargo con-
tainers consistent with the standards developed in
subsection (a).
(b) INTERNATIONAL AGREEMENTS.—The Secretary,
in consultation with the Department of State, Department
of Commerce, Department of Treasury, Office of the
United States Trade Representative, and other appro-
priate Federal agencies, shall seek to enter into agree-
ments with foreign countries and international organiza-
tions to establish standards for the security of maritime
cargo containers moving within the intermodal transpor-
tation system that, to the maximum extent practicable,
meet the requirements of subsection (a).
(c) CONTAINER TARGETING STRATEGY.—The Sec-
retary shall develop a strategy to improve the ability of
the Department of Homeland Security to use advance
cargo information to identify anomalies in such informa-
tion to determine whether such cargo poses a security risk.
The strategy shall include a method of contacting shippers
to verify or explain any anomalies discovered in such infor-
mation.
(d) CONTAINER SECURITY DEMONSTRATION PRO-
GRAM.—
(1) PROGRAM.—The Secretary is authorized to
establish and carry out a demonstration program
that integrates radiation detection equipment with
other types of nonintrusive inspection equipment at
an appropriate United States seaport, as determined
by the Secretary.
(2) REQUIREMENT.—The demonstration pro-
gram shall also evaluate ways to strengthen the ca-
pability of Department of Homeland Security per-
sonnel to analyze cargo inspection data and ways to
improve the transmission of inspection data between
appropriate entities within the Department of
Homeland Security.
(e) COORDINATION AND CONSOLIDATION OF CON-
TAINER SECURITY PROGRAMS.—The Secretary shall co-
ordinate all programs that enhance the security of mari-
time cargo, and, to the extent practicable, consolidate Op-
eration Safe Commerce, the Smart Box Initiative, and
similar programs that evaluate security enhancements for
maritime cargo containers, to achieve enhanced coordina-
tion and efficiency. The Secretary shall report to the ap-
propriate congressional committees (as that term is de-
fined in section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101) before consolidating any program men-
tioned in this subsection.
SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT
RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.
Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security shall im-
plement section 823(a) of the Vision 100—Century of
Aviation Reauthorization Act (49 U.S.C. 41718 note; 117
Stat. 2595).
SEC. 
308. 
INTEROPERABLE 
COMMUNICATIONS 
ASSIST-
ANCE.
(a) FINDINGS.—The Congress finds the following:
(1) The 9/11 Commission determined that the
inability of first responders to communicate effec-
tively on September 11, 2001 was a critical obstacle
to an effective multi-jurisdictional response.
(2) Many jurisdictions across the country still
experience difficulties communicating that may con-
tribute to confusion, delays, or added risks when re-
sponding to an emergency.
(3) During fiscal year 2004, the Office for Do-
mestic Preparedness awarded over $834,000,000 for
2,912 projects through Department of Homeland
Security grant programs for the purposes of improv-
ing communications interoperability.
(4) Interoperable communications systems are
most effective when designed to comprehensively ad-
dress, on a regional basis, the communications of all
types of public safety agencies, first responder dis-
ciplines, and State and local government facilities.
(5) Achieving communications interoperability
is complex due to the extensive training, system
modifications, and agreements among the different
jurisdictions that are necessary to implement effec-
tive communications systems.
(6) The Congress authorized the Department of
Homeland Security to create an Office for Interoper-
ability and Compatibility in the Intelligence Reform
and Terrorism Prevention Act of 2004 to, among
other things, establish a comprehensive national ap-
proach, coordinate federal activities, accelerate the
adoption of standards, and encourage research and
development to achieve interoperable communica-
tions for first responders.
(7) The Office for Interoperability and Compat-
ibility includes the SAFECOM Program that serves
as the umbrella program within the Federal govern-
ment to improve public safety communications inter-
operability, and has developed the RAPIDCOM pro-
gram, the Statewide Communications Interoper-
ability Planning Methodology, and a Statement of
Requirements to provide technical, planning, and
purchasing assistance for Federal departments and
agencies, State and local governments, and first re-
sponders.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the Department of Homeland Security
should implement as expeditiously as possible the initia-
tives assigned to the Office for Interoperability and Com-
patibility under section 7303 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194),
including specifically the following:
(1) Establishing a comprehensive national ap-
proach to achieving public safety interoperable com-
munications.
(2) Issuing letters of intent to commit future
funds for jurisdictions through existing homeland se-
curity grant programs to applicants as appropriate
to encourage long-term investments that may signifi-
cantly improve communications interoperability.
(3) Providing technical assistance to additional
urban and other high-risk areas to support the es-
tablishment of consistent, secure, and effective inter-
operable communications capabilities.
(4) Completing the report to the Congress on
the Department’s plans for accelerating the develop-
ment of national voluntary consensus standards for
public safety interoperable communications, a sched-
ule of milestones for such development, and achieve-
ments of such development, by no later than 30 days
after the date of enactment of this Act.
SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF
RECOMMENDATIONS 
REGARDING 
PROTEC-
TION OF AGRICULTURE.
The Secretary of Homeland Security shall report to
the appropriate congressional committees (as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)) by no later than 120 days after the date of the en-
actment of this Act regarding how the Department of
Homeland Security will implement the applicable rec-
ommendations from the Government Accountability Office
report entitled ‘‘Homeland Security: Much is Being Done
to Protect Agriculture from a Terrorist Attack, but Impor-
tant Challenges Remain’’ (GAO–05–214).
SEC. 310. COMMERCIAL FLIGHTS TO AND FROM RONALD
REAGAN WASHINGTON NATIONAL AIRPORT.
(a) PASSENGER
SEATING
REQUIREMENTS.—Pas-
sengers on commercial flights arriving at and departing
from Ronald Reagan Washington National Airport shall
remain seated for 15 minutes after takeoff from and be-
fore touchdown at that airport.
(b) VIOLATIONS.—If a passenger violates the require-
ments of subsection (a), the captain of the aircraft shall
determine if the passenger’s actions present a security
threat to other passengers or the aircraft. Only if the cap-
tain determines that the passenger’s actions present such
a threat shall a flight be diverted to a destination other
than Ronald Reagan Washington National Airport.
(c) REGULATIONS.—Notwithstanding subsection (a),
the Secretary of Homeland Security may issue regulations
to decrease the time limit set forth in subsection (a).
SEC. 310A. FEDERAL FLIGHT DECK OFFICERS.
(a) TRAINING AND REQUALIFICATION TRAINING.—
Section 44921(c) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(3) LOCATION OF TRAINING.—
‘‘(A) STUDY.—The Secretary shall conduct
a study of the feasibility of conducting Federal
flight deck officer initial training at facilities lo-
cated throughout the United States, including
an analysis of any associated programmatic im-
pacts to the Federal flight deck officer pro-
gram.
‘‘(B) REPORT.—Not later than 180 days
after the date of enactment of this paragraph,
the Secretary shall transmit to Congress a re-
port on the results of the study.
‘‘(4) DATES OF TRAINING.—The Secretary shall
ensure that a pilot who is eligible to receive Federal
flight deck officer training is offered, to the max-
imum extent practicable, a choice of training dates
and is provided at least 30 days advance notice of
the dates.
‘‘(5) TRAVEL TO TRAINING FACILITIES.—The
Secretary shall establish a program to improve travel
access to Federal flight deck officer training facili-
ties through the use of charter flights or improved
scheduled air carrier service.
‘‘(6) 
REQUALIFICATION
AND
RECURRENT
TRAINING.—
‘‘(A) STANDARDS.—The Secretary shall es-
tablish qualification standards for facilities
where Federal flight deck officers can receive
requalification and recurrent training.
‘‘(B) LOCATIONS.—The Secretary shall
provide for requalification and recurrent train-
ing at geographically diverse facilities, including
Federal, State, and local law enforcement and
government facilities, and private training fa-
cilities that meet the qualification standards es-
tablished under subparagraph (A).
‘‘(7) COSTS OF TRAINING.—
‘‘(A) IN
GENERAL.—The Secretary shall
provide Federal flight deck officer training, re-
qualification training, and recurrent training to
eligible pilots at no cost to the pilots or the air
carriers that employ the pilots.
‘‘(B) TRANSPORTATION AND EXPENSES.—
The Secretary may provide travel expenses to a
pilot receiving Federal flight deck officer train-
ing, requalification training, or recurrent train-
ing.
‘‘(8) COMMUNICATIONS.—Not later than 180
days after the date of enactment of this paragraph,
the Secretary shall establish a secure means for per-
sonnel of the Transportation Security Administra-
tion to communicate with Federal flight deck offi-
cers, and for Federal flight deck officers to commu-
nicate with each other, in support of the mission of
such officers. Such means of communication may in-
clude a secure Internet website.
‘‘(9) ISSUANCE
OF
BADGES.—Not later than
180 days after the date of enactment of this para-
graph, the Secretary shall issue badges to Federal
flight deck officers.’’.
(b) REVOCATION OF DEPUTIZATION OF PILOT AS
FEDERAL FLIGHT DECK OFFICER.—Section 44921(d)(4)
of title 49, United States Code, is amended to read as
follows:
‘‘(4) REVOCATION.—
‘‘(A) ORDERS.—The Assistant Secretary of
Homeland Security (Transportation Security
Administration) may issue, for good cause, an
order revoking the deputization of a Federal
flight deck officer under this section. The order
shall include the specific reasons for the revoca-
tion.
‘‘(B) HEARINGS.—An individual who is ad-
versely affected by an order of the Assistant
Secretary under subparagraph (A) is entitled to
a hearing on the record. When conducting a
hearing under this section, the administrative
law judge shall not be bound by findings of fact
or interpretations of laws and regulations of the
Assistant Secretary.
‘‘(C) APPEALS.—An appeal from a deci-
sion of an administrative law judge as a result
of a hearing under subparagraph (B) shall be
made to the Secretary or the Secretary’s des-
ignee.
‘‘(D) JUDICIAL
REVIEW
OF
A
FINAL
ORDER.—The determination and order of the
Secretary revoking the deputization of a Fed-
eral flight deck officer under this section shall
be final and conclusive unless the individual
against whom such an order is issued files an
application for judicial review under subchapter
II of chapter 5 of title 5 (popularly known as
the Administrative Procedure Act) within 60
days of entry of such order in the appropriate
United States court of appeals.’’.
(c) FEDERAL FLIGHT DECK OFFICER FIREARM CAR-
RIAGE PILOT PROGRAM.—Section 44921(f) of title 49,
United States Code, is amended by adding at the end the
following:
‘‘(4) PILOT PROGRAM.—
‘‘(A) IN
GENERAL.—Not later than 90
days after the date of enactment of this para-
graph, the Secretary shall implement a pilot
program to allow pilots participating in the
Federal flight deck officer program to transport
their firearms on their persons. The Secretary
may prescribe any training, equipment, or pro-
cedures that the Secretary determines necessary
to ensure safety and maximize weapon reten-
tion.
‘‘(B) REVIEW.—Not later than 1 year
after the date of initiation of the pilot program,
the Secretary shall conduct a review of the safe-
ty record of the pilot program and transmit a
report on the results of the review to Congress.
‘‘(C) OPTION.—If the Secretary as part of
the review under subparagraph (B) determines
that the safety level obtained under the pilot
program is comparable to the safety level deter-
mined under existing methods of pilots carrying
firearms on aircraft, the Secretary shall allow
all pilots participating in the Federal flight
deck officer program the option of carrying
their firearm on their person subject to such re-
quirements as the Secretary determines appro-
priate.’’.
(d) FEDERAL FLIGHT DECK OFFICERS ON INTER-
NATIONAL FLIGHTS.—
(1) AGREEMENTS
WITH
FOREIGN
GOVERN-
MENTS.—The President is encouraged to pursue ag-
gressively agreements with foreign governments to
allow maximum deployment of Federal flight deck
officers on international flights.
(2) REPORT.—Not later than 180 days after
the date of enactment of this Act, the President (or
the President’s designee) shall submit to Congress a
report on the status of the President’s efforts to
allow maximum deployment of Federal flight deck
officers on international flights.
(e) REFERENCES TO UNDER SECRETARY.—Section
44921 of title 49, United States Code, is amended—
(1) in subsection (a) by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting
‘‘Secretary of Homeland Security’’;
(2) by striking ‘‘Under Secretary’’ each place it
appears and inserting ‘‘Secretary’’; and
(3) by striking ‘‘Under Secretary’s’’ each place
it appears and inserting ‘‘Secretary’s’’.
Subtitle B—Department of Home-
land Security Cybersecurity En-
hancement
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ‘‘Department of
Homeland Security Cybersecurity Enhancement Act of
2005’’.
SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY.
Section 201(b) of the Homeland Security Act of 2002
(6 U.S.C. 121(b)) is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) 
ASSISTANT
SECRETARY
FOR
CYBERSECURITY.—There shall be in the Department
an Assistant Secretary for Cybersecurity, who shall
be appointed by the President.’’; and
(3) in paragraph (4), as redesignated by sub-
paragraph (A) of this paragraph—
(A) by striking ‘‘Analysis and the’’ and in-
serting ‘‘Analysis, the’’; and
(B) by striking ‘‘Protection shall’’ and in-
serting ‘‘Protection, and the Assistant Sec-
retary for Cybersecurity shall’’.
SEC. 313. CYBERSECURITY TRAINING PROGRAMS AND
EQUIPMENT.
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, 
acting 
through 
the 
Assistant 
Secretary 
for
Cybersecurity, may establish, in conjunction with the Na-
tional Science Foundation, a program to award grants to
institutions of higher education (and consortia thereof)
for—
(1) 
the 
establishment 
or 
expansion 
of
cybersecurity professional development programs;
(2) the establishment or expansion of associate
degree programs in cybersecurity; and
(3) the purchase of equipment to provide train-
ing in cybersecurity for either professional develop-
ment programs or degree programs.
(b) ROLES.—
(1) DEPARTMENT OF HOMELAND SECURITY.—
The Secretary, acting through the Assistant Sec-
retary for Cybersecurity and in consultation with the
Director of the National Science Foundation, shall
establish the goals for the program established
under this section and the criteria for awarding
grants under the program.
(2) NATIONAL SCIENCE FOUNDATION.—The Di-
rector of the National Science Foundation shall op-
erate the program established under this section
consistent with the goals and criteria established
under paragraph (1), including soliciting applicants,
reviewing applications, and making and admin-
istering grant awards. The Director may consult
with the Assistant Secretary for Cybersecurity in se-
lecting awardees.
(3) FUNDING.—The Secretary shall transfer to
the National Science Foundation the funds nec-
essary 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 prac-
ticable, ensure geographic diversity and the partici-
pation of women and underrepresented minorities.
(3) PREFERENCE.—In making grant awards
under this section, the Director shall give preference
to applications submitted by consortia of institutions
to encourage as many students and professionals as
possible to benefit from this program.
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the
amount authorized under section 101, there is authorized
to be appropriated to the Secretary for carrying out this
section $3,700,000 for fiscal year 2006.
(e) DEFINITIONS.—In this section, the term ‘‘institu-
tion of higher education’’ has the meaning given that term
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
SEC. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT.
Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et. seq.) is amended by adding at the end the
following new section:
‘‘SEC. 314. CYBERSECURITY RESEARCH AND DEVELOP-
MENT.
‘‘(a) IN GENERAL.—The Under Secretary for Science
and Technology shall support research and development,
including 
fundamental, 
long-term 
research, 
in
cybersecurity to improve the ability of the United States
to prevent, protect against, detect, respond to, and recover
from cyber attacks, with emphasis on research and devel-
opment relevant to large-scale, high-impact attacks.
‘‘(b) ACTIVITIES.—The research and development
supported under subsection (a), shall include work to—
‘‘(1) advance the development and accelerate
the deployment of more secure versions of funda-
mental Internet protocols and architectures, includ-
ing for the domain name system and routing proto-
cols;
‘‘(2) improve and create technologies for detect-
ing attacks or intrusions, including monitoring tech-
nologies;
‘‘(3) improve and create mitigation and recov-
ery methodologies, including techniques for contain-
ment of attacks and development of resilient net-
works and systems that degrade gracefully; and
‘‘(4) develop and support infrastructure and
tools to support cybersecurity research and develop-
ment efforts, including modeling, testbeds, and data
sets for assessment of new cybersecurity tech-
nologies.
‘‘(c) COORDINATION.—In carrying out this section,
the Under Secretary for Science and Technology shall co-
ordinate activities with—
‘‘(1) the Assistant Secretary for Cybersecurity;
and
‘‘(2) other Federal agencies, including the Na-
tional Science Foundation, the Defense Advanced
Research Projects Agency, the Information Assur-
ance Directorate of the National Security Agency,
and the National Institute of Standards and Tech-
nology, to identify unmet needs and cooperatively
support activities, as appropriate.
‘‘(d) NATURE OF RESEARCH.—Activities under this
section shall be carried out in accordance with section
306(a) of this Act.’’.
Subtitle C—Security of Public
Transportation Systems
SEC. 321. SECURITY BEST PRACTICES.
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of Transportation, shall
issue a report containing best practices for the security
of public transportation systems related to the threats
from terrorism. Such report shall be developed in consulta-
tion with providers of public transportation, industry asso-
ciations, public transportation employee representatives,
first responders, and appropriate Federal, State, and local
officials. The Secretary of Transportation shall dissemi-
nate the report to providers of public transportation, in-
dustry associations, public transportation employee rep-
resentatives, and appropriate Federal, State, and local of-
ficials, the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the
House of Representatives, and any other appropriate enti-
ties.
SEC. 322. PUBLIC AWARENESS.
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Transportation, after
consultation with the Secretary of Homeland Security,
shall develop a national plan to increase awareness of
measures that the general public, public transportation
passengers, and public transportation employees can take
to increase public transportation security related to the
threat of terrorism. Such plan shall also provide outreach
to providers and employees of public transportation sys-
tems on available transportation security technologies, on-
going research and development efforts, employee train-
ing, and available Federal funding sources to improve pub-
lic transportation security. Not later than 9 months after
the date of the enactment of this Act, the Secretary of
Transportation shall disseminate the plan to providers of
public transportation, industry associations, public trans-
portation employee representatives, appropriate Federal,
State, and local officials, and other appropriate entities.
Subtitle D—Critical Infrastructure
Prioritization
SEC. 331. CRITICAL INFRASTRUCTURE.
(a) COMPLETION
OF PRIORITIZATION.—Not later
than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall complete the
prioritization of the Nation’s critical infrastructure ac-
cording to all of the following criteria:
(1) The threat of terrorist attack, based on
threat information received and analyzed by the Of-
fice of Information Analysis of the Department re-
garding 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 in-
frastructure.
(3) The likelihood that an attack would result
in substantial numbers of deaths and serious bodily
injuries, a substantial adverse impact on the na-
tional economy, or a substantial adverse impact on
national security.
(b) COORDINATION AND COOPERATION.—
(1) COORDINATION.—The Secretary shall co-
ordinate the prioritization under this section with
other relevant Federal agencies.
(2) COOPERATION.—Such prioritization shall be
developed in cooperation with other relevant State,
local, and tribal governments, and the private sector,
as appropriate.
SEC. 332. SECURITY REVIEW.
(a) REQUIREMENT.—Not later than 9 months after
the date of the enactment of this Act, the Secretary of
Homeland Security shall—
(1) review existing Federal, State, local, tribal,
and private sector plans for securing the critical in-
frastructure included in the prioritization developed
under section 331;
(2) recommend changes to existing plans for se-
curing such infrastructure, as the Secretary deter-
mines necessary; and
(3) coordinate and contribute to protective ef-
forts of other Federal, State, local, and tribal agen-
cies and the private sector, as appropriate.
(b) CONTENTS OF PLANS.—The recommendations
made under subsection (a)(2) shall include—
(1) protective measures to secure such infra-
structure, including milestones and timeframes for
implementation; and
(2) to the extent practicable, performance
metrics to evaluate the benefits to both national se-
curity and the Nation’s economy from the implemen-
tation of such protective measures.
(c) COORDINATION.—The Secretary shall coordinate
the security review and recommendations required by sub-
section (a) with other relevant Federal agencies.
SEC. 333. IMPLEMENTATION REPORT.
(a) IN GENERAL.—Not later than 15 months after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit a report to the appro-
priate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101))
on the implementation of section 332. Such report shall
detail—
(1) the Secretary’s review and coordination 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 sub-
mission 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.
(a) PROTECTION OF INFORMATION.—The informa-
tion set forth in subsection (b) that is generated, compiled,
or disseminated by the Department of Homeland Security
in carrying out this subtitle—
(1) is exempt from disclosure under section 552
of title 5, United States Code; and
(2) shall not, if provided by the Department to
a State or local government or government agency—
(A) be made available pursuant to any
State or local law requiring disclosure of infor-
mation or records;
(B) otherwise be disclosed or distributed to
any person by such State or local government
or government agency without the written con-
sent of the Secretary; or
(C) be used other than for the purpose of
protecting critical infrastructure or protected
systems, or in furtherance of an investigation or
the prosecution of a criminal act.
(b) INFORMATION COVERED.—Information referred
to in subsection (a) is the following:
(1) The Secretary’s prioritization of critical in-
frastructure pursuant to section 331, including any
information upon which such prioritization was
based;
(2) the Secretary’s review of existing security
plans for such infrastructure pursuant to section
332(a)(1).
(3) 
The 
Secretary’s 
recommendations 
for
changes to existing plans for securing such infra-
structure pursuant to section 332(a)(2).
(4) The nature and scope of protective efforts
with respect to such infrastructure under section
332(a)(3).
(5) The report and update prepared by the Sec-
retary pursuant to section 333, including any infor-
mation upon which such report and update are
based.
TITLE IV—U.S. CUSTOMS AND
BORDER 
PROTECTION 
AND
U.S. IMMIGRATION AND CUS-
TOMS ENFORCEMENT
SEC. 401. ESTABLISHMENT AND IMPLEMENTATION OF
COST ACCOUNTING SYSTEM; REPORTS.
Section 334 of the Customs and Border Security Act
of 2002 (19 U.S.C. 2082 note) is amended to read as fol-
lows:
‘‘SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF
COST ACCOUNTING SYSTEM; REPORTS.
‘‘(a) ESTABLISHMENT AND IMPLEMENTATION; CUS-
TOMS AND BORDER PROTECTION.—
‘‘(1) IN GENERAL.—Not later than September
30, 2006, the Commissioner of U.S. Customs and
Border Protection shall, in accordance with the
audit of the Customs Service’s fiscal years 2000 and
1999 financial statements (as contained in the re-
port of the Office of Inspector General of the De-
partment of the Treasury issued on February 23,
2001), establish and implement a cost accounting
system—
‘‘(A) for expenses incurred in both com-
mercial and noncommercial operations of U.S.
Customs and Border Protection of the Depart-
ment of Homeland Security, which system
should specifically identify and distinguish ex-
penses incurred in commercial operations and
expenses incurred in noncommercial operations;
and
‘‘(B) for expenses incurred both in admin-
istering and enforcing the customs laws of the
United States and the Federal immigration
laws, which system should specifically identify
and distinguish expenses incurred in admin-
istering and enforcing the customs laws of the
United States and the expenses incurred in ad-
ministering and enforcing the Federal immigra-
tion laws.
‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall
provide for an identification of expenses based on
the type of operation, the port at which the oper-
ation took place, the amount of time spent on the
operation by personnel of U.S. Customs and Border
Protection, and an identification of expenses based
on any other appropriate classification necessary to
provide for an accurate and complete accounting of
expenses.
‘‘(b) ESTABLISHMENT AND IMPLEMENTATION; IMMI-
GRATION AND CUSTOMS ENFORCEMENT.—
‘‘(1) IN GENERAL.—Not later than September
30, 2006, the Assistant Secretary for U.S. Immigra-
tion and Customs Enforcement shall, in accordance
with the audit of the Customs Service’s fiscal years
2000 and 1999 financial statements (as contained in
the report of the Office of Inspector General of the
Department of the Treasury issued on February 23,
2001), establish and implement a cost accounting
system—
‘‘(A) for expenses incurred in both com-
mercial and noncommercial operations of U.S.
Immigration and Customs Enforcement of the
Department of Homeland Security, which sys-
tem should specifically identify and distinguish
expenses incurred in commercial operations and
expenses incurred in noncommercial operations;
and
‘‘(B) for expenses incurred both in admin-
istering and enforcing the customs laws of the
United States and the Federal immigration
laws, which system should specifically identify
and distinguish expenses incurred in admin-
istering and enforcing the customs laws of the
United States and the expenses incurred in ad-
ministering and enforcing the Federal immigra-
tion laws.
‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall
provide for an identification of expenses based on
the type of operation, the amount of time spent on
the operation by personnel of U.S. Immigration and
Customs Enforcement, and an identification of ex-
penses based on any other appropriate classification
necessary to provide for an accurate and complete
accounting of expenses.
‘‘(c) REPORTS.—
‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING
SYSTEMS.—Beginning on the date of the enactment
of the Department of Homeland Security Authoriza-
tion Act for Fiscal Year 2006 and ending on the
date on which the cost accounting systems described
in subsections (a) and (b) are fully implemented, the
Commissioner of U.S. Customs and Border Protec-
tion and the Assistant Secretary for U.S. Immigra-
tion and Customs Enforcement, respectively, shall
prepare and submit to Congress on a quarterly basis
a report on the progress of implementing the cost
accounting systems pursuant to subsections (a) and
(b).
‘‘(2) ANNUAL REPORTS.—Beginning one year
after the date on which the cost accounting systems
described in subsections (a) and (b) are fully imple-
mented, the Commissioner of U.S. Customs and
Border Protection and the Assistant Secretary for
U.S. Immigration and Customs Enforcement, re-
spectively, shall prepare and submit to Congress on
an annual basis a report itemizing the expenses
identified in subsections (a) and (b).
‘‘(3) OFFICE OF THE INSPECTOR GENERAL.—
Not later than March 31, 2007, the Inspector Gen-
eral of the Department of Homeland Security shall
prepare and submit to Congress a report analyzing
the level of compliance with this section and detail-
ing any additional steps that should be taken to im-
prove compliance with this section.’’.
SEC. 402. REPORT RELATING TO ONE FACE AT THE BOR-
DER INITIATIVE.
Not later than September 30 of each of the calendar
years 2006 and 2007, the Commissioner of U.S. Customs
and Border Protection of the Department of Homeland
Security shall prepare and submit to Congress a report—
(1) analyzing the effectiveness of the One Face
at the Border Initiative at enhancing security and
facilitating trade;
(2) providing a breakdown of the number of
personnel of U.S. Customs and Border Protection
that were personnel of the United States Customs
Service prior to the establishment of the Department
of Homeland Security, that were personnel of the
Immigration and Naturalization Service prior to the
establishment of the Department of Homeland Secu-
rity, and that were hired after the establishment of
the Department of Homeland Security;
(3) describing the training time provided to
each employee on an annual basis for the various
training components of the One Face at the Border
Initiative; and
(4) outlining the steps taken by U.S. Customs
and Border Protection to ensure that expertise is re-
tained with respect to customs, immigration, and ag-
riculture inspection functions under the One Face at
the Border Initiative.
SEC. 403. CUSTOMS SERVICES.
Section 13031(e)(1) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1))
is amended—
(1) by striking ‘‘(1) Notwithstanding section
451 of the Tariff Act of 1930 (19 U.S.C. 1451) or
any other provision of law (other than paragraph
(2)),’’ and inserting:
‘‘(1) IN GENERAL.—
‘‘(A) 
SCHEDULED
FLIGHTS.—Notwith-
standing section 451 of the Tariff Act of 1930
(19 U.S.C. 1451) or any other provision of law
(other than subparagraph (B) and paragraph
(2)),’’; and
(2) by adding at the end the following:
‘‘(B) CHARTER FLIGHTS.—If a charter air
carrier (as defined in section 40102(13) of title
49, United States Code) specifically requests
that customs border patrol services for pas-
sengers and their baggage be provided for a
charter flight arriving after normal operating
hours at a customs border patrol serviced air-
port and overtime funds for those services are
not available, the appropriate customs border
patrol officer may assign sufficient customs em-
ployees (if available) to perform any such serv-
ices, which could lawfully be performed during
regular hours of operation, and any overtime
fees incurred in connection with such service
shall be paid by the charter air carrier.’’.
SEC. 404. SENSE OF CONGRESS ON INTERPRETATION OF
TEXTILE AND APPAREL PROVISIONS.
It is the sense of Congress that U.S. Customs and
Border Protection of the Department of Homeland Secu-
rity should interpret, implement, and enforce the provi-
sions of section 112 of the African Growth and Oppor-
tunity Act (19 U.S.C. 3721), section 204 of the Andean
Trade Preference Act (19 U.S.C. 3203), and section 213
of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703), relating to preferential treatment of textile
and apparel articles, broadly in order to expand trade by
maximizing opportunities for imports of such articles from
eligible beneficiary countries.
SEC. 405. IMPROVING SENTRI, FAST, AND NEXUS PRE-EN-
ROLLMENT PROGRAMS.
(a) CREATION
OF REMOTE ENROLLMENT CEN-
TERS.—
(1) IN GENERAL.—The Secretary shall create a
minimum of 4 remote enrollment centers for the
programs described in paragraph (2). Such remote
enrollment centers shall be established away from
the borders of the United States and in population
centers where there is a demand for such a service.
(2) PROGRAMS.—The programs described in
paragraph (1) are the following:
(A) The Free and Secure Trade, or
‘‘FAST’’, program authorized under subpart B
of title IV of the Tariff Act of 1930 (19 U.S.C
1411 et seq.).
(B) The Secure Electronic Network for
Travelers Rapid Inspection, or ‘‘SENTRI’’, pro-
gram authorized under section 286(q) of the
Immigration and Nationality Act (8 U.S.C.
1356(q)).
(C) The ‘‘NEXUS’’ program authorized
under section 286(q) of the Immigration and
Nationality Act (8 U.S.C. 1356(q)).
(b) CUSTOMER SERVICE PHONE NUMBER.—The Sec-
retary shall create a customer service telephone number
for the programs described in subsection (a)(2).
(c) MERGING REQUIREMENTS
OF NEXUS LAND
AND AIR CARDS.—The Secretary of Homeland Security
shall merge the requirements of the land and air cards
issued under the ‘‘NEXUS’’ program authorized under
section 286(q) of the Immigration and Nationality Act (8
U.S.C. 1356(q)) into one uniform card that will work for
land and air crossings.
TITLE V—MISCELLANEOUS
SEC. 501. BORDER SECURITY AND ENFORCEMENT COORDI-
NATION AND OPERATIONS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) As part of the creation of the Department
of Homeland Security, section 442 of the Homeland
Security Act of 2002 (Public Law 107–273) estab-
lished a Bureau of Border Security and transferred
into it all of the functions, programs, personnel, as-
sets, and liabilities pertaining to the following pro-
grams: the Border Patrol; alien detention and re-
moval; immigration-related intelligence, investiga-
tions, and enforcement activities; and immigration
inspections at ports of entry.
(2) Title IV of the Homeland Security Act of
2002 (Public Law 107–273) also transferred to the
new Department the United States Customs Service,
as a distinct entity within the new Department, to
further the Department’s border integrity mission.
(3) Utilizing its reorganization authority pro-
vided in the Homeland Security Act of 2002, the
President submitted a reorganization plan for the
Department on January 30, 2003.
(4) This plan merged the customs and immigra-
tion border inspection and patrol functions, along
with agricultural inspections functions, into a new
entity called United States Customs and Border
Protection.
(5) The plan also combined the customs and
immigration enforcement agents, as well as the Of-
fice of Detention and Removal Operations, the Of-
fice of Federal Protective Service, the Office of Fed-
eral Air Marshal Service, and the Office of Intel-
ligence, into another new entity called United States
Immigration and Customs Enforcement.
(6) The President’s January 30, 2003, reorga-
nization plan did not explain the reasons for sepa-
rating immigration inspection and border patrol
functions from other immigration-related enforce-
ment functions, or to combine immigration-related
enforcement functions with customs and other func-
tions, contrary to the design of the Bureau of Bor-
der Security as prescribed by the Congress in section
442 of the Homeland Security Act of 2002.
(7) United States Immigration and Customs
Enforcement has faced major budgetary challenges
that are, in part, attributable to the inexact division
of resources upon the separation of immigration
functions. These budget shortfalls have forced
United States Immigration and Customs Enforce-
ment to impose hiring freezes and to release aliens
that otherwise should be detained.
(b) REPORT.—
(1) IN GENERAL.—Not later than 30 days after
the date of the enactment of this Act, the Secretary
of Homeland Security shall review and evaluate the
current organizational structure of the Department
of Homeland Security established by the President’s
January 30, 2003, reorganization plan and submit a
report of findings and recommendations to the ap-
propriate congressional committees (as defined in
section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)).
(2) CONTENTS OF REPORT.—The report shall
include—
(A) a description of the rationale for, and
any benefits of, the current organizational divi-
sion of United States Immigration and Customs
Enforcement and United States Customs and
Border Protection, with respect to the Depart-
ment’s immigration and customs missions;
(B) a description of the organization, mis-
sions, operations, and policies of United States
Customs and Border Protection and United
States Immigration and Customs Enforcement,
and areas of unnecessary overlap or operational
gaps among and between these missions;
(C) a description of the rationale for, and
any benefits of, the current organizational com-
bination of immigration-related enforcement
functions with customs and other functions;
(D) an analysis of alternative organiza-
tional structures that could provide a more ef-
fective way to deliver maximum efficiencies and
mission success;
(E) a description of the current role of the
Directorate of Border and Transportation Secu-
rity with respect to providing adequate direction
and oversight of the two agencies, and whether
this management structure is still necessary;
(F) an analysis of whether the Federal Air
Marshals and the Federal Protective Service are
properly located within the Department within
United States Immigration and Customs En-
forcement;
(G) the proper placement and functions of
a specialized investigative and patrol unit oper-
ating at the southwest border on the Tohono
O’odham Nation, known as the Shadow Wolves;
(H) the potential costs of reorganization,
including financial, programmatic, and other
costs, to the Department; and
(I) recommendations for correcting the
operational and administrative problems that
have been caused by the division of United
States Custom and Border Protection and
United States Immigration and Customs En-
forcement and by the combination of immigra-
tion-related enforcement functions with customs
and other functions in both entities, including
any appropriate reorganization plans.
SEC. 502. GAO REPORT TO CONGRESS.
(a) IN GENERAL.— Not later than 6 months after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appro-
priate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101))
a report that sets forth—
(1) an assessment of the effectiveness of the or-
ganizational and management structure of the De-
partment of Homeland Security in meeting the De-
partment’s missions as set forth in section 101(b)(1)
of the Homeland Security Act of 2002 (6 U.S.C.
111(b)(1)); and
(2) recommendations to facilitate and improve
the organization and management of the Depart-
ment to best meet those missions.
(b) CYBERSECURITY ASSESSMENT.—Not later than
one year after the date of the enactment of this Act, the
Comptroller General shall submit a report to the appro-
priate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101))
that sets forth an assessment of the effectiveness of the
efforts of the Assistant Secretary for Cybersecurity to ful-
fill the statutory responsibilities of that office.
SEC. 503. PLAN TO REDUCE WAIT TIMES.
Not later than 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall de-
velop a plan—
(1) to improve the operational efficiency of se-
curity screening checkpoints at commercial service
airports so that average peak waiting periods at
such checkpoints do not exceed 20 minutes; and
(2) to ensure that there are no significant dis-
parities in immigration and customs passenger proc-
essing times among airports that serve as inter-
national gateways.
SEC. 504. DENIAL OF TRANSPORTATION SECURITY CARD.
Section 70105(c) of title 46, United States Code, is
amended—
(1) in paragraph (3) by inserting before the pe-
riod ‘‘before an administrative law judge’’; and
(2) by adding at the end the following:
‘‘(5) In making a determination under paragraph
(1)(D) that an individual poses a terrorism security risk,
the Secretary shall not solely consider a felony conviction
if—
‘‘(A) that felony occurred more than 7 years
prior to the date of the Secretary’s determination;
and
‘‘(B) the felony was not related to terrorism (as
that term is defined in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101)).’’.
SEC. 505. TRANSFER OF EXISTING CUSTOMS PATROL OFFI-
CERS UNIT AND ESTABLISHMENT OF NEW
CPO UNITS IN THE BUREAU OF IMMIGRATION
AND CUSTOMS ENFORCEMENT.
(a) TRANSFER OF EXISTING UNIT.—Not later than
180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall transfer to the Bu-
reau of Immigration and Customs Enforcement all func-
tions (including the personnel, assets, and obligations held
by or available in connection with such functions) of the
Customs Patrol Officers unit of the Bureau of Customs
and Border Protection operating on the Tohono O’odham
Indian reservation (commonly known as the ‘Shadow
Wolves’ unit).
(b) ESTABLISHMENT
OF NEW UNITS.—The Sec-
retary is authorized to establish within the Bureau of Im-
migration and Customs Enforcement additional units of
Customs Patrol Officers in accordance with this section.
(c) DUTIES.—The Customs Patrol Officer unit trans-
ferred pursuant to subsection (a) and the additional units
established pursuant to subsection (b) shall be responsible
for the prevention of the smuggling of narcotics, weapons
of mass destruction, and other contraband, and the illegal
trafficking of persons, on Indian lands.
(d) BASIC PAY
FOR JOURNEYMAN OFFICERS.—A
Customs Patrol Officer in a unit described in this section
shall receive equivalent pay as a special agent with similar
competencies within the Bureau of Immigration and Cus-
toms Enforcement pursuant to the Department of Home-
land Security’s human resources management system es-
tablished under section 841 of the Homeland Security Act
(6 U.S.C. 411).
(e) SUPERVISORS.—Each unit described under this
section shall be supervised by a Chief Customs Patrol Offi-
cer, who shall have the same rank as a resident agent-
in-charge of the Office of Investigations.
SEC. 506. DATA COLLECTION ON USE OF IMMIGRATION
CONSULTANTS.
The Secretary of Homeland Security shall establish
procedures to record information on applications for an
immigration benefit submitted by an alien with respect to
which—
(1) the alien states that the alien used the serv-
ices of an immigration consultant; or
(2) a Department employee or official inves-
tigating facts alleged in the application, or adjudi-
cating the application, suspects that the alien used
the services of an immigration consultant.
SEC. 507. OFFICE FOR STATE AND LOCAL GOVERNMENT
COORDINATION.
The Homeland Security Act of 2002 is amended—
(1) in section 801—
(A) in the section heading, by striking
‘‘STATE AND LOCAL’’ and inserting ‘‘STATE,
LOCAL, AND TRIBAL’’;
(B) in subsection (a), by striking ‘‘State
and Local’’ and inserting ‘‘State, Local, and
Tribal’’; and
(C) in subsection (b), by striking ‘‘State
and local’’ each place it appears and inserting
‘‘State, local, and tribal’’; and
(2) in section 1(b) in the table of contents by
striking the item relating to section 801 and insert-
ing the following:
‘‘Sec. 801. Office for State, Local, and Tribal Government Coordination.’’.
SEC. 508. STUDY OF MODIFICATION OF AREA OF JURISDIC-
TION OF OFFICE OF NATIONAL CAPITAL RE-
GION COORDINATION.
(a) STUDY.—The Secretary of Homeland Security,
acting through the Director of the Office of National Cap-
ital Region Coordination, shall conduct a study of the fea-
sibility and desirability of modifying the definition of ‘‘Na-
tional Capital Region’’ applicable under section 882 of the
Homeland Security Act of 2002 to update the geographic
area under the jurisdiction of the Office of National Cap-
ital Region Coordination.
(b) FACTORS.—In conducting the study under sub-
section (a), the Secretary shall analyze whether modifying
the geographic area under the jurisdiction of the Office
of National Region Coordination will—
(1) improve coordination among State and local
governments within the Region, including regional
governing bodies, and coordination of the efforts of
first responders; and
(2) enhance the ability of such State and local
governments and the Federal Government to prevent
and respond to a terrorist attack within the Region.
(c) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Secretary shall submit
a report to Congress on the study conducted under sub-
section (a), and shall include in the report such rec-
ommendations (including recommendations for legislation
to amend section 882 of the Homeland Security Act of
2002) as the Secretary considers appropriate.
SEC. 509. AUTHORITY OF OTHER FEDERAL AGENCIES UN-
AFFECTED.
Except to the extent explicitly provided in section
216, nothing in this Act shall affect the authority under
statute, regulation, or Executive order of other Federal
agencies than the Department of Homeland Security.
SEC. 510. CENTERS OF EXCELLENCE.
Section 308(b)(2) of the Homeland Security Act of
2002 (6 U.S.C. 188(b)(2)) is amended by adding at the
end the following new subparagraph:
‘‘(F) A center under this paragraph may
include participation of a Department of En-
ergy laboratory, including in the preparation of
a proposal.’’.
SEC. 511. REPORT TO CONGRESS ON UNIFORM AND IDENTI-
FICATION SECURITY.
(a) DEFINITION.—For the purpose of this section,
the term ‘‘forms of Homeland Security identification’’
means any uniform, badge, identification card, or other
apparel or insignia of the design prescribed by the Depart-
ment of Homeland Security for use by any officer or em-
ployee of such Department.
(b) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Secretary of Homeland
Security shall prepare and submit to Congress a report—
(1) describing the efforts taken by the Depart-
ment of Homeland Security—
(A) to curtail the production of imitation
forms of Homeland Security identification, in-
cluding efforts to improve the design of the var-
ious forms of Homeland Security identification
to prevent unauthorized replication; and
(B) to increase public awareness of the ex-
istence of imitation forms of Homeland Security
identification, and educate the public about
means by which to identify bona fide forms of
Homeland Security identification;
(2) assessing the effectiveness of the efforts de-
scribed in paragraph (1); and
(3) recommending any legislation or adminis-
trative actions necessary to achieve the objectives de-
scribed in subparagraphs (A) and (B), respectively,
of paragraph (1).
SEC. 512. BORDER SURVEILLANCE.
(a) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act, the Secretary of Homeland
Security shall submit to the President and the appropriate
committees of Congress a comprehensive plan for the sys-
tematic surveillance of the northern border of the United
States by remotely piloted aircraft.
(b) CONTENTS.—The plan submitted under sub-
section (a) shall include—
(1) recommendations for establishing command
and control centers, operations sites, infrastructure,
maintenance, and procurement;
(2) cost estimates for the implementation of the
plan and ongoing operations;
(3) recommendations for the appropriate agent
within the Department of Homeland Security to be
the executive agency for remotely piloted aircraft op-
erations;
(4) the number of remotely piloted aircraft re-
quired for the plan;
(5) the types of missions the plan would under-
take, including—
(A) protecting the lives of people seeking
illegal entry into the United States;
(B) interdicting illegal movement of people,
weapons, and other contraband across the bor-
der;
(C) providing investigative support to as-
sist in the dismantling of smuggling and crimi-
nal networks along the border;
(D) using remotely piloted aircraft to serve
as platforms for the collection of intelligence
against smugglers and criminal networks along
the border; and
(E) further validating and testing of re-
motely piloted aircraft for airspace security mis-
sions;
(6) the equipment necessary to carry out the
plan; and
(7) a recommendation regarding whether to ex-
pand the pilot program along the entire northern
border.
(c) IMPLEMENTATION.—The Secretary of Homeland
Security shall implement the plan submitted under sub-
section (a) as a pilot program as soon as sufficient funds
are appropriated and available for this purpose.
SEC. 513. ADVANCED TECHNOLOGY NORTHER BORDER SE-
CURITY PILOT PROGRAM.
Section 5101 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (8 U.S.C. 1712 note) is
amended by striking ‘‘The Secretary of Homeland Secu-
rity may carry out’’ and inserting ‘‘To the extent funds
are provided in advance in appropriations Acts, the Sec-
retary of Homeland Security shall carry out’’.
SEC. 514. GAO STUDY OF PROPOSALS TO INCREASE TEM-
PORARY PROTECTED STATUS REGISTRATION
FEE.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall complete a study of, and report to Congress on, the
likely consequences of increasing the fee described in sec-
tion 244(c)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1254(a)(c)(1)(B)).
(b) ELEMENTS OF STUDY.—The study described in
subsection (a) shall—
(1) calculate the number of applicants for relief
under section 244 of the Immigration and Nation-
ality Act (8 U.S.C. 1254(a)) who have sought a
waiver, been granted a waiver, or been denied a
waiver from such fees due to their inability to pay
such fees, since the enactment of such section;
(2) project the cost at which such fee would be
set if it were calculated consistent with the manner
in which the Department of Homeland Security cal-
culates fees under section 286(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(m));
(3) taking into account the countries of nation-
ality of the current population of beneficiaries of sec-
tion 244 and the lack of work authorization that
such beneficiaries have while awaiting the outcome
of an adjudication, assess the ability of the current
population of beneficiaries under section 244 to pay
such fee if it were increased to the level projected
pursuant to paragraph (2);
(4) estimate the number of requests for fee
waivers that would likely have to be adjudicated per
1,000 applications should such fee be increased to
the level projected pursuant to paragraph (2);
(5) estimate the cost and number of man hours
that would be required to be expended in order to
adjudicate the fee waiver requests described in such
paragraph; and
(6) estimate the cost differential between the
current cost of adjudicating applications and the
statutory fee, on a per-application and an aggregate
basis.
SEC. 515. GAO STUDY OF CONSEQUENCES OF EXPANDING
USE OF PREMIUM SERVICE FOR IMMIGRA-
TION BENEFIT APPLICATIONS AND PETI-
TIONS.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall complete a study of, and report to Congress on, the
Department of Homeland Security’s proposal to expand
the use of premium fees for employment-based petitions
and applications under section 286(u) of the Immigration
and Nationality Act (8 U.S.C. 1356(u)) to other applica-
tions and petitions.
(b) ELEMENTS OF STUDY.—In performing the study
required under subsection (a), the Comptroller General—
(1) shall consider and assess—
(A) all factors that help quantify and as-
sess the current impact of premium processing
on immigration benefits adjudications of em-
ployment-based applications and petitions; and
(B) the degree to which the use of pre-
mium processing for employment-based applica-
tions and petitions has negatively or positively
impacted the length of time that it takes to ad-
judicate employment-based applications and pe-
titions that are eligible for treatment under sec-
tion 286(u) of the Immigration and Nationality
Act but for which no premium fee is paid; and
(2) shall assess—
(A) whether expansion of section 286(u) of
the Immigration and Nationality Act to family-
based immigration petitions and applications
would increase or decrease the length of time it
takes to adjudicate family-based petitions and
applications in cases where the applicant cannot
afford to make use of the premium service;
(B) all other likely future impacts of an ex-
pansion of premium processing to family-based
immigration benefits applications and petitions;
(C) the number of additional adjudicators
needed to process premium processing applica-
tions;
(D) the impact of premium processing on
the number and assignment of adjudicators;
and
(E) the number of individual applicants
who would opt to use premium processing
under this expanded program annually.
SEC. 516. BUY AMERICAN REQUIREMENT FOR PROCURE-
MENTS 
OF 
GOODS 
CONTAINING 
COMPO-
NENTS.
(a) REQUIREMENT.—Notwithstanding any agree-
ment described in subsection (b), more than 50 percent
of the components in any end product procured by the De-
partment of Homeland Security that contains components
shall be mined, produced, or manufactured inside the
United States.
(b) AGREEMENTS DESCRIBED.—An agreement re-
ferred to in subsection (a) is any of the following:
(1) Any reciprocal procurement memorandum
of understanding between the United States and a
foreign country pursuant to which the Secretary of
Homeland Security has prospectively waived the Buy
American Act (41 U.S.C. 10a et seq.) for certain
products in that country.
(2) Any international agreement to which the
United States is a party.
100
SEC. 517. DISASTER ASSISTANCE FOR FUNERAL EXPENSES.
Not later than 90 days after the enactment of this
Act, the Director of the Federal Emergency Management
Agency shall—
(1) develop criteria and guidelines for deter-
mining if a death is disaster-related; and
(2) require staff to provide for analysis of each
request for funeral expense assistance in order to
support approval or disapproval of such assistance.
SEC. 518. EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS FOR OFFICE OF COUNTERNARCOTICS
ENFORCEMENT AT DEPARTMENT OF HOME-
LAND SECURITY.
Section 7407(c) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458; 118
Stat. 3853) is amended by striking ‘‘2005, there is author-
ized up to $6,000,000’’ and inserting ‘‘2005 or 2006,
there is authorized up to $6,000,000 for each such fiscal
year’’.
SEC. 519. PROHIBITION AGAINST INCREASE IN SECURITY
SERVICE FEES.
None of the funds authorized under this Act may be
derived from an increase in security service fees estab-
lished under section 44940 of title 49, United States Code.
101
SEC. 520. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMI-
GRATION LAW ENFORCEMENT BY STATES
AND POLITICAL SUBDIVISIONS.
Notwithstanding any other provision of law and re-
affirming the existing general authority, law enforcement
personnel of a State or a political subdivision of a State
are fully authorized to apprehend, detain, or remove aliens
in the United States (including the transportation of such
aliens across State lines to detention centers), for the pur-
poses of assisting in the enforcement of the immigration
laws of the United States in the course of carrying out
routine duties. This State authority has never been dis-
placed or preempted by the Congress.
SEC. 521. TRAINING OF STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL IN ENFORCEMENT OF IM-
MIGRATION LAWS.
(a) TRAINING AND POCKET GUIDE.—
(1) ESTABLISHMENT.—Not later than 180 days
after the date of enactment of this Act, the Sec-
retary of Homeland Security shall establish—
(A) a training manual for law enforcement
personnel of a State or political subdivision of
a State to train such personnel in the investiga-
tion, identification, apprehension, arrest, deten-
tion, and transfer to Federal custody of aliens
in the United States (including the transpor-
102
tation of such aliens across State lines to deten-
tion centers and identification of fraudulent
documents); and
(B) an immigration enforcement pocket
guide for law enforcement personnel of a State
or political subdivision of a State to provide a
quick reference for such personnel in the course
of duty.
(2) AVAILABILITY.—The training manual and
pocket guide established in accordance with para-
graph (1) shall be made available to all State and
local law enforcement personnel.
(3) APPLICABILITY.—Nothing in this sub-
section shall be construed to require State or local
law enforcement personnel to carry the training
manual or pocket guide established in accordance
with paragraph (1) with them while on duty.
(4) COSTS.—The Department of Homeland Se-
curity shall be responsible for any costs incurred in
establishing the training manual and pocket guide
under this subsection.
(b) TRAINING FLEXIBILITY.—
(1) IN GENERAL.—The Department of Home-
land Security shall make training of State and local
law enforcement officers available through as many
103
means as possible, including residential training at
Federal facilities, onsite training held at State or
local police agencies or facilities, online training
courses by computer, teleconferencing, and video-
tape, or the digital video display (DVD) of a train-
ing course or courses.
(2) FEDERAL
PERSONNEL
TRAINING.—The
training of State and local law enforcement per-
sonnel under this section shall not displace or other-
wise adversely affect the training of Federal per-
sonnel.
(c) CLARIFICATION.—Nothing in this Act or any
other provision of law shall be construed as making any
immigration-related training a requirement for, or pre-
requisite to, any State or local law enforcement officer ex-
ercising that officer’s inherent authority to assist in the
apprehension, arrest, detention, or transfer to Federal
custody illegal aliens during the normal course of carrying
out their law enforcement duties.
(d) TRAINING LIMITATION.—Section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) is
amended—
(1) by striking ‘Attorney General’ each place
that term appears and inserting ‘‘Secretary of
Homeland Security’’; and
104
(2) in paragraph (2), by adding at the end the
following: ‘‘Such training shall not exceed 14 days or
80 hours, whichever is longer.’’.
Passed the House of Representatives May 18, 2005.
Attest:
Clerk.
109TH CONGRESS
1ST SESSION
H. R. 1817
AN ACT
To authorize appropriations for fiscal year 2006 for
the Department of Homeland Security, and for
other purposes.