[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4852 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4852

To authorize appropriations for the Department of Homeland Security for 
               fiscal year 2005, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2004

Mr. Cox (for himself, Ms. Dunn, Mr. Camp, Mr. Shadegg, Mr. Thornberry, 
 and Mr. Gibbons) introduced the following bill; which was referred to 
   the Select Committee on Homeland Security, and in addition to the 
 Committees on Science, Transportation and Infrastructure, Energy and 
  Commerce, the Judiciary, Government Reform, Agriculture, and Select 
   Intelligence (Permanent Select), for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for the Department of Homeland Security for 
               fiscal year 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Homeland Security Authorization Act for Fiscal Year 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--INFORMATION COLLECTION, ANALYSIS, AND DISSEMINATION

Sec. 101. Information collection requirements and priorities.
Sec. 102. Access to information.
Sec. 103. Homeland Security Advisory System.
Sec. 104. Homeland security information sharing.
Sec. 105. IAIP personnel recruitment.
Sec. 106. Participation of the Department in the Terrorist Threat 
                            Integration Center.
                        TITLE II--CYBERSECURITY

Sec. 201. Cybersecurity defined.
Sec. 202. Assistant Secretary for Cybersecurity.
                   TITLE III--SCIENCE AND TECHNOLOGY

Sec. 301. Homeland Security Institute extension.
Sec. 302. Special access programs.
Sec. 303. Homeland Security Science and Technology Advisory Committee.
Sec. 304. Additional budget-related submissions.
Sec. 305. Technology-related solicitations, contracts, and grants.
Sec. 306. Homeland security science investment.
Sec. 307. Cybersecurity training programs and equipment.
Sec. 308. Joint development of counterterrorism and homeland security 
                            technologies, products, and services.
Sec. 309. Geospatial information.
Sec. 310. Interoperable communications.
Sec. 311. Technology development and transfer.
              TITLE IV--CRITICAL INFRASTRUCTURE PROTECTION

Sec. 401. Liberty Shield Award for Innovation and Excellence in 
                            Critical Infrastructure Protection.
Sec. 402. Sense of Congress regarding private sector participation in 
                            the Homeland Security Operations Center.
Sec. 403. Treatment of global positioning system as critical 
                            infrastructure.
Sec. 404. Coordination of critical infrastructure grants.
Sec. 405. Critical infrastructure protection awareness.
              TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

Sec. 501. Terrorism exercise program requirements.
Sec. 502. Grant award notification and distribution.
Sec. 503. Mutual aid program.
Sec. 504. National preparedness goal.
Sec. 505. Clarification of responsibility for interoperative 
                            communications.
Sec. 506. National biodefense strategy.
Sec. 507. National strategy to mitigate the radiological and nuclear 
                            threat.
           TITLE VI--SECURITY ENFORCEMENT AND INVESTIGATIONS

Sec. 601. Plan for enhanced coordination and interoperability of 
                            maritime and airborne homeland security 
                            assets.
Sec. 602. Access to border and transportation security information.
Sec. 603. Combined enrollment centers for expedited inspection 
                            programs.
Sec. 604. Expedited inspection program use at multiple ports of entry.
           TITLE VII--DEPARTMENTAL MANAGEMENT AND OPERATIONS

Sec. 701. Assignment of management responsibilities to Deputy 
                            Secretary; establishment of additional 
                            officer.
Sec. 702. Additional budget-related submission.
Sec. 703. Congressional notification requirements.
     TITLE VIII--TECHNICAL CORRECTIONS AND MISCELLANEOUS PROVISIONS

Sec. 801. Technical correction relating to definition of critical 
                            infrastructure information.
Sec. 802. Clarification of pay level for Director of Bureau of 
                            Citizenship and Immigration Services.
Sec. 803. Director of United States Secret Service.
Sec. 804. Technical correction renaming the National Imagery and 
                            Mapping Agency.
Sec. 805. No effect on authority of Inspector General.
               TITLE IX--AUTHORIZATION OF APPROPRIATIONS

Sec. 901. Department of Homeland Security.
Sec. 902. Departmental management and operations.
Sec. 903. Information analysis and infrastructure protection.
Sec. 904. Science and technology.
Sec. 905. Security enforcement and investigations.
Sec. 906. Emergency preparedness and response.

      TITLE I--INFORMATION COLLECTION, ANALYSIS, AND DISSEMINATION

SEC. 101. INFORMATION COLLECTION REQUIREMENTS AND PRIORITIES.

    (a) In General.--Section 102 of the Homeland Security Act of 2002 
(6 U.S.C. 112) is amended--
            (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 Federal 
Government interagency board, established by executive order or any 
other binding interagency directive, that is responsible for 
establishing foreign collection information requirements and priorities 
for estimative analysis.''.
    (b) Homeland Security Information Requirements Board.--
            (1) In general.--Title I of such Act (6 U.S.C. 111 et seq.) 
        is amended by adding at the end the following new section:

``SEC. 104. HOMELAND SECURITY INFORMATION REQUIREMENTS BOARD.

    ``(a) Establishment of Board.--There is established an interagency 
Homeland Security Information Requirements Board (hereinafter in this 
section referred to as the `Information Requirements Board').
    ``(b) Membership.--The following officials are members of the 
Information Requirements Board:
            ``(1) The Secretary of Homeland Security, 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 Director of Central Intelligence.
            ``(9) The Director of the Federal Bureau of Investigation.
            ``(10) The Director of the Terrorist Threat Integration 
        Center or any successor entity.
            ``(11) The Chief Privacy Officer of the Department of 
        Homeland Security.
    ``(c) Functions.--
            ``(1) Oversight of homeland security requirements.--The 
        Information Requirements Board shall oversee the process for 
        establishing homeland security requirements and collection 
        management for all terrorism-related information and all other 
        homeland security information (as defined in section 892(g)) 
        collected within the United States.
            ``(2) Determination of collection priorities.--The 
        Information Requirements Board shall--
                    ``(A) determine the domestic information collection 
                requirements for information relevant to the homeland 
                security mission; and
                    ``(B) prioritize the collection and use of such 
                information.
            ``(3) Coordination of collection requirements and 
        management activities.--
                    ``(A) Coordination with counterpart agencies.--The 
                Chairman shall ensure that the Information Requirements 
                Board carries out its activities in a manner that is 
                fully coordinated with Board's counterpart entities.
                    ``(B) Participation of counterpart entities.--The 
                Chairman and the Director of Central Intelligence shall 
                ensure that each counterpart entity--
                            ``(i) has at least one representative on 
                        the Information Requirement Board and on every 
                        sub-component of the Board; and
                            ``(ii) meets jointly with the Information 
                        Requirements Board (and, as appropriate, with 
                        any sub-component of the Board) as often as the 
                        Chairman and the Director of Central 
                        Intelligence determine appropriate.
                    ``(C) Counterpart entity defined.--In this section, 
                the term `counterpart entity' means an entity of the 
                Federal Government that is responsible for foreign 
                intelligence collection requirements and management, 
                including the Office of the Deputy Director of Central 
                Intelligence for Community Management and senior 
                collection managers of each of the agencies under the 
                National Foreign Intelligence Program (as defined in 
                section 3(6) of the National Security Act of 1947 (50 
                U.S.C. 401a(6)).
    ``(d) Meetings.--
            ``(1) In general.--The Information Requirements 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 subsection 
        (b) to attend meetings of the Information Requirements 
        Board.''.
            (2) Clerical amendment.--The table of contents of the 
        Homeland Security Act of 2002 is amended by inserting after the 
        item relating to section 103 the following new item:

``104. Homeland Security Information Requirements Board.''.

SEC. 102. ACCESS TO INFORMATION.

    (a) Improvements to Secure Communications and Information 
Technology Infrastructure.--Paragraph (14) of section 201(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended by striking 
``in furtherance of the responsibilities under this section, and to 
disseminate information acquired and analyzed by the Department, as 
appropriate'' and inserting ``with maximum flexibility and speed, in 
furtherance of the responsibilities under this section, and to ensure 
the simultaneous dissemination of such data and information to all 
appropriate personnel''.
    (b) Improvement in Access to Information by Department Personnel.--
Subsection (a) of section 202 of such Act (6 U.S.C. 122) is amended by 
adding at the end the following new paragraph:
            ``(3) Utilization.--Subject to the requirements of section 
        201(d)(12), the Secretary may provide access to any of the 
        information and materials described in this subsection to any 
        personnel of the Department that the Secretary determines 
        requires such access to discharge duties assigned to such 
        personnel.''.
    (c) Establishment of Procedures for Automatic and Immediate 
Transfer of Information to the Department.--Subsection (b) of such 
section is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the Secretary, in consultation with the appropriate 
        Federal Government officials, shall identify and put into place 
        systems, protocols, and procedures to ensure that appropriate 
        personnel of the Department are provided access to such 
        information automatically and immediately.''.
    (d) Effect of Provision of Information to the Terrorist Threat 
Integration Center.--Subsection (d) of such section is amended by 
adding at the end the following new paragraph:
            ``(3) Obligation to share information.--Except as otherwise 
        directed by the President or with the specific written 
        agreement of the Secretary, no Federal agency or official shall 
        be deemed to have discharged any obligation to share any 
        information, report, assessment, or other material, including 
        unevaluated intelligence information, with the Department 
        solely by virtue of having provided that information, report, 
        assessment, or other material to the Terrorist Threat 
        Integration Center or to any entity that succeeds to any of the 
        functions of the Terrorist Threat Integration Center.''.

SEC. 103. HOMELAND SECURITY ADVISORY SYSTEM.

    (a) Coordination of Advisories.--Section 201(d)(7) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(d)(7)) is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) except as otherwise directed by the 
                President, coordinating the issuance of homeland 
                security advisories, warnings, and advice from other 
                Federal agencies to State and local government agencies 
                and authorities, the private sector, other entities, 
                and the public.''.
    (b) Use of Homeland Security Advisory System.--
            (1) In general.--Subtitle A of title II of the Homeland 
        Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
        adding at the end the following:

``SEC. 203. USE OF HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) Public Advisories.--If the Secretary concludes that credible 
information indicates a potential terrorist threat to the United States 
that is not or cannot, on the basis of the information available, be 
limited to one or more States, regions, localities, facilities, sites, 
elements of the population, critical infrastructure sectors, or public 
or private sector activities or events, the Secretary shall, as 
appropriate--
            ``(1) use the Homeland Security Advisory System 
        administered under section 201(d)(7) to inform the public of 
        the existence and nature of the threat and to convey 
        information about the risk it poses to the population and 
        territory of the United States;
            ``(2) provide specific unclassified warning information and 
        advice about appropriate protective measures and 
        countermeasures pursuant to section 201(d)(7)(B), to State and 
        local government agencies and authorities, the private sector, 
        other entities, and the public; and
            ``(3) provide specific classified warning information and 
        advice about appropriate protective measures and 
        countermeasures pursuant to section 201(d)(7)(B) to State and 
        local government officials and individuals in the private 
        sector, who--
                    ``(A) have the appropriate security clearance; and
                    ``(B) in the Secretary's judgment, need to have 
                access to such information and advice in order to 
                discharge their homeland security-related functions.
    ``(b) Limited Advisories.--If the Secretary concludes that credible 
information indicates a potential terrorist threat to one or more 
particular States, regions, localities, facilities, sites, elements of 
the population, critical infrastructure sectors, public or private 
sector activities or events, or any combination of the foregoing, the 
Secretary--
            ``(1) shall, as appropriate, inform officials of the 
        affected entities and provide specific warning information and 
        advice about protective measures and countermeasures to those 
        officials pursuant to section 201(d)(7)(B); and
            ``(2) may, in the Secretary's discretion, issue a public 
        advisory relating to such threat.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by inserting after the item 
        relating to section 202 the following:

``203. Use of Homeland Security Advisory System.''.

SEC. 104. HOMELAND SECURITY INFORMATION SHARING.

    (a) Administration of the Homeland Security Information Network.--
Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is amended by adding at the end the following new paragraph:
            ``(20) To administer the homeland security information 
        network, including--
                    ``(A) exercising primary responsibility for 
                creating a secure nationwide real-time homeland 
                security information sharing network for Federal, 
                State, and local government agencies and authorities, 
                the private sector, and other governmental and private 
                entities involved in receiving, analyzing, and 
                distributing information related to threats to homeland 
                security; and
                    ``(B) ensuring that the information sharing 
                systems, developed in connection with the network 
                created under subparagraph (A), utilize and are 
                compatible with, to the greatest extent practicable, 
                Federal, State, and local government and private sector 
                antiterrorism systems and protocols that have been or 
                are being developed.''.
    (b) Coordination of Dissemination of Information to Non-Federal 
Entities.--
            (1) In general.--Section 892 of such Act (6 U.S.C. 482) is 
        amended--
                    (A) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively; and
                    (B) by inserting after subsection (e) the following 
                new subsection (f):
    ``(f) Requirement for Coordination of Dissemination of Information 
to Non-Federal Entities.--
            ``(1) In general.--Except as otherwise directed by the 
        President or with the specific written agreement of the 
        Secretary, no element of the intelligence community nor any 
        department, agency, or other entity having Federal law 
        enforcement responsibilities, nor any partnership or joint 
        venture consisting wholly or in part of such entities, shall 
        disseminate its analytic products or conclusions related to 
        threats to homeland security to State, local, or private sector 
        officials without the prior approval of the Secretary, except 
        that the head of such an element, department, agency, or other 
        entity may disseminate an analytic product or conclusion 
        without the Secretary's approval--
                    ``(A) when and to the extent that exigent 
                circumstances require that a specific analytic product 
                or conclusion be disseminated in order to prevent, 
                preempt, or disrupt an imminent threat of death or 
                serious bodily injury or significant damage to United 
                States persons, infrastructure or other interests; or
                    ``(B) when it is necessary to share an analytic 
                product or conclusion with Federal, State, and local 
                law enforcement officials relating to a law enforcement 
                activity, if--
                            ``(i) the Department is provided, as soon 
                        as feasible, notice of the potential of such a 
                        communication and is, to the extent 
                        practicable, included in the development of 
                        such communication through the Department's 
                        liaison at the headquarters of the Federal 
                        Bureau of Investigation; and
                            ``(ii) the Secretary must approve any 
                        further dissemination of such analytic product 
                        or conclusion to non-law enforcement State and 
                        local officials, the private sector, or the 
                        public.
            ``(2) When an analytic product or conclusion is 
        disseminated pursuant to paragraph (1)(A), the Secretary and 
        the appropriate entities or officials in other United States 
        Government agencies shall be notified immediately of that 
        dissemination.''.
            (2) Definition.--Subsection (g) of such section (as 
        redesignated by paragraph (1)(A)) is amended by adding at the 
        end the following new paragraph:
            ``(5) Analytic product or conclusion.--The term `analytic 
        product or conclusion' means any product of the analysis of one 
        or more pieces of homeland security information in which 
        inferences have been drawn from such information to arrive at a 
        determination about a fact (including a potential threat) that 
        was not explicit or apparent on the face of the information 
        itself, but does not include mere summaries of homeland 
        security information.''.

SEC. 105. IAIP PERSONNEL RECRUITMENT.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding after section 9701 the following:
``Sec. 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 Infrastructure Protection, may pay a bonus to 
an individual in order to recruit such individual for a position that--
            ``(1) is within the Directorate for Information Analysis 
        and Infrastructure Protection; and
            ``(2) would otherwise be difficult to fill in the absence 
        of such a bonus.
    ``(b) Bonus Amount.--
            ``(1) In general.--The amount of a bonus under this section 
        shall be determined under regulations of the Secretary of 
        Homeland Security, but may not exceed 50 percent of the annual 
        rate of basic pay of the position involved.
            ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.
            ``(3) Computation rule.--For purposes of paragraph (1), the 
        annual rate of basic pay of a position does not include any 
        comparability payment under section 5304 or any similar 
        authority.
    ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Department of Homeland Security. The agreement shall 
include--
            ``(1) the period of service the individual 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 the termination.
    ``(d) Eligibility.--A bonus under this section may not be paid to 
recruit an individual for--
            ``(1) a position to which an individual is appointed by the 
        President, by and with the advice and consent of the Senate;
            ``(2) a position in the Senior Executive Service as a 
        noncareer appointee (as defined in section 3132(a)); or
            ``(3) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating character.
    ``(e) Termination.--The authority to pay bonuses under this section 
shall terminate on September 30, 2007.
``Sec. 9703. Reemployed annuitants
    ``(a) In General.--If an annuitant receiving an annuity from the 
Civil Service Retirement and Disability Fund becomes employed in a 
position within the Department of Homeland Security, the annuitant's 
annuity shall continue. An annuitant so reemployed shall not be 
considered an employee for the purposes of chapter 83 or 84.
    ``(b) Applicability.--This section shall apply--
            ``(1) during the 3-year period beginning on the date of the 
        enactment of this section, to annuitants holding positions 
        within the Directorate for Information Analysis and 
        Infrastructure Protection; and
            ``(2) after the end of the 3-year period described in 
        paragraph (1), to annuitants holding positions within such 
        directorate or other parts of the Department of Homeland 
        Security as the Secretary of Homeland Security may designate.
    ``(c) Definition.--For purposes of this section, the term 
`annuitant' has the meaning given such term under section 8331 or 8401, 
whichever is appropriate.
``Sec. 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. 106. PARTICIPATION OF THE DEPARTMENT IN THE TERRORIST THREAT 
              INTEGRATION CENTER.

    (a) Assignment of Personnel.--Section 201(e) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(e)) is amended by adding at the end 
the following new paragraph:
            ``(4) Assignment of personnel to ttic.--Personnel of the 
        Department may be assigned to the Terrorist Threat Integration 
        Center (or any successor entity) only for the purpose of 
        performing analytic functions and related duties.''.
    (b) Report on Participation in Terrorist Threat Integration 
Center.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to each appropriate congressional committee an 
        unclassified report that describes in detail the nature and 
        scope of the participation of the Department of Homeland 
        Security in, and interaction with, the Terrorist Threat 
        Integration Center.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following information:
                    (A) The total funding that has been provided by the 
                Department to the Center and the cost of any personnel, 
                services, or materials the Department has provided to 
                the Center.
                    (B) The number, expertise, and employing component 
                of Department personnel assigned to the Center.
                    (C) Any non-Department regulation, policy or 
                directive that governs the qualifications, job 
                performance, or conduct of Department personnel 
                assigned to the Center.
                    (D) A description of all analytic products 
                originated by the Center that are routinely 
                disseminated to the Department, including the entities 
                or officials within the Department that routinely 
                receive such products, and the means by which such 
                products are disseminated.
                    (E) A description of how each analytic product 
                provided to the Department by the Center is utilized by 
                the Department, including a specification of which, if 
                any, such products the Department routinely 
                disseminates to State, local, or private sector 
                officials.
            (3) Form of submission.--The report required by this 
        section shall be submitted in unclassified form, but may 
        include a classified annex.
            (4) Definitions.--In this subsection:
                    (A) Secretary.--The term ``Secretary'' means the 
                Secretary of Homeland Security.
                    (B) Appropriate congressional committees.--The term 
                ``appropriate congressional committee'' has the meaning 
                given that term in section 2(2) of the Homeland 
                Security Act of 2002 (6 U.S.C. 101(2)).
                    (C) Center.--The term ``Center'' means the 
                Terrorist Threat Integration Center.

                        TITLE II--CYBERSECURITY

SEC. 201. CYBERSECURITY DEFINED.

    (a) Paperwork Reduction Act.--Section 3502 of title 44, United 
States Code, is amended by striking ``and'' after the semicolon at the 
end of paragraph (13), by striking the period at the end of paragraph 
(14) and inserting ``; and'', and by adding at the end the following:
            ``(15) (A) the term `cybersecurity' means the prevention of 
        damage to, the protection of, and the restoration of computers, 
        electronic communications systems, electronic communication 
        services, wire communications, and electronic communications, 
        including information contained therein, to ensure its 
        availability, integrity, authentication, confidentiality, and 
        nonrepudiation; and
                    ``(B) in this paragraph--
                            ``(i) each of the terms `damage' and 
                        `computer' has the meaning that term has in 
                        section 1030 of title 18, United States Code; 
                        and
                            ``(ii) each of the terms `electronic 
                        communications system', `electronic 
                        communication service', `wire communication', 
                        and `electronic communication' has the meaning 
                        that term has in section 2510 of title 18, 
                        United States Code.''.
    (b) Homeland Security Act of 2002.--Section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the 
following:
            ``(17)(A) The term `cybersecurity' has the meaning given 
        that term in section 3502 of title 44, United States Code, as 
        in effect on the date of the enactment of the Department of 
        Homeland Security Authorization Act for Fiscal Year 2005.''.

SEC. 202. ASSISTANT SECRETARY FOR CYBERSECURITY.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the 
following:

``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.

    ``(a) In General.--There shall be in the Directorate for 
Information Analysis and Infrastructure Protection a National 
Cybersecurity Office headed by an Assistant Secretary for Cybersecurity 
(in this section referred to as the `Assistant Secretary'), who shall 
assist the Secretary in promoting cybersecurity for the Nation.
    ``(b) General Authority.--The Assistant Secretary, subject to the 
direction and control of the Secretary, shall have primary authority 
within the Department for all cybersecurity-related critical 
infrastructure protection programs of the Department, including with 
respect to policy formulation and program management.
    ``(c) Responsibilities.--The responsibilities of the Assistant 
Secretary shall include the following:
            ``(1) To establish and manage--
                    ``(A) a national cybersecurity response system that 
                includes the ability to--
                            ``(i) analyze the effect of cybersecurity 
                        threat information on national critical 
                        infrastructure; and
                            ``(ii) aid in the detection and warning of 
                        attacks on, and in the restoration of, 
                        cybersecurity infrastructure in the aftermath 
                        of such attacks;
                    ``(B) a national cybersecurity threat and 
                vulnerability reduction program that identifies 
                cybersecurity vulnerabilities that would have a 
                national effect on critical infrastructure, performs 
                vulnerability assessments on information technologies, 
                and coordinates the mitigation of such vulnerabilities;
                    ``(C) a national cybersecurity awareness and 
                training program that promotes cybersecurity awareness 
                among the public and the private sectors and promotes 
                cybersecurity training and education programs;
                    ``(D) a government cybersecurity program to 
                coordinate and consult with Federal, State, and local 
                governments to enhance their cybersecurity programs; 
                and
                    ``(E) a national security and international 
                cybersecurity cooperation program to help foster 
                Federal efforts to enhance international cybersecurity 
                awareness and cooperation.
            ``(2) To coordinate with the private sector on the program 
        under paragraph (1) as appropriate, and to promote 
        cybersecurity information sharing, vulnerability assessment, 
        and threat warning regarding critical infrastructure.
            ``(3) To coordinate with other directorates and offices 
        within the Department on the cybersecurity aspects of their 
        missions.
            ``(4) To coordinate with the Under Secretary for Emergency 
        Preparedness and Response to ensure that the National Response 
        Plan developed pursuant to section 502(6) of the Homeland 
        Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate 
        measures for the recovery of the cybersecurity elements of 
        critical infrastructure.
            ``(5) To develop processes for information sharing with the 
        private sector, consistent with section 214, that--
                    ``(A) promote voluntary cybersecurity best 
                practices, standards, and benchmarks that are 
                responsive to rapid technology changes and to the 
                security needs of critical infrastructure; and
                    ``(B) consider roles of Federal, State, local, and 
                foreign governments and the private sector, including 
                the insurance industry and auditors.
            ``(6) To coordinate with the Chief Information Officer of 
        the Department in establishing a secure information sharing 
        architecture and information sharing processes, including with 
        respect to the Department's operation centers.
            ``(7) To consult with the Electronic Crimes Task Force of 
        the United States Secret Service on private sector outreach and 
        information activities.
            ``(8) To consult with the Office for Domestic Preparedness 
        to ensure that realistic cybersecurity scenarios are 
        incorporated into tabletop and recovery exercises.
            ``(9) To consult and coordinate, as appropriate, with other 
        Federal agencies on cybersecurity-related programs, policies, 
        and operations.
            ``(10) To consult and coordinate within the Department and, 
        where appropriate, with other relevant Federal agencies, on 
        security of digital control systems, such as Supervisory 
        Control and Data Acquisition (SCADA) systems.
    ``(d) Authority Over the National Communications System.--The 
Assistant Secretary shall have primary authority within the Department 
over the National Communications System.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to 
subtitle A of title II the following:

``203. Assistant Secretary for Cybersecurity.''.

                   TITLE III--SCIENCE AND TECHNOLOGY

SEC. 301. HOMELAND SECURITY INSTITUTE EXTENSION.

    Section 312(g) of the Homeland Security Act of 2002 (6 U.S.C. 
192(g)) is amended to read as follows:
    ``(g) Termination.--The Homeland Security Institute shall terminate 
10 years after its establishment.''.

SEC. 302. SPECIAL ACCESS PROGRAMS.

    For the purposes of carrying out the responsibilities of the 
Secretary under section 302 of the Homeland Security Act of 2002 (6 
U.S.C. 182), the Secretary is authorized to establish and maintain 
special access programs associated with research, development, test and 
evaluation, and acquisition of technology or systems. Access to 
knowledge of such programs shall be strictly limited, and such programs 
shall be subject to restricted reporting requirements in the manner 
described in section 119 of title 10, United States Code. Nothing in 
this section shall be construed to alter or diminish the effect of 
section 306(a) of the Homeland Security Act of 2002 (6 U.S.C. 186(a)).

SEC. 303. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

    Section 311(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
191(c)(2)) is amended to read as follows:
            ``(2) Original appointments.--The original members of the 
        Advisory Committee shall be appointed to three classes. One 
        class of six shall have a term of 1 year, one class of seven a 
        term of 2 years, and one class of seven a term of 3 years.''.

SEC. 304. ADDITIONAL BUDGET-RELATED SUBMISSIONS.

    (a) In General.--Beginning in fiscal year 2006, and annually 
thereafter, the Secretary of Homeland Security shall submit to the 
Congress budget request information for the Directorate of Science and 
Technology that includes research portfolio-based budget submissions 
and estimated funding summaries for each of--
            (1) the Office of Research and Development;
            (2) the Office of Homeland Security Advanced Research 
        Projects Agency;
            (3) the Office of Systems Engineering Development;
            (4) the Office of Plans, Programs, and Budget; and
            (5) such other major Directorate components as the 
        Secretary may establish.
    (b) Submission.--The Secretary shall submit the information 
required under subsection (a) at the same time as the submission of the 
President's annual budget request to the Congress.

SEC. 305. TECHNOLOGY-RELATED SOLICITATIONS, CONTRACTS, AND GRANTS.

    Not later than 60 days after the end of each fiscal year, the Under 
Secretary for Science and Technology shall transmit to the Congress a 
summary of the solicitations and resulting contracts and grants awarded 
by the Directorate of Science and Technology in the past fiscal year, 
including--
            (1) a description of each solicitation offered, the number 
        of proposals received in response to each solicitation, and the 
        number of proposals selected for funding for each solicitation;
            (2) a description of the process used for proposal 
        selection in each solicitation, including the role of peer 
        review;
            (3) the status of contract funding with respect to each 
        selected proposal;
            (4) a breakdown of the types of organizations receiving 
        funding, such as institutions of higher education, small 
        businesses, private industry, and nonprofit organizations; and
            (5) the number of transactions entered into as authorized 
        under section 831(a)(1) of the Homeland Security Act of 2002 (6 
        U.S.C. 391(a)(1)) and a description of the benefits of the use 
        of this authority by the Directorate of Science and Technology.

SEC. 306. HOMELAND SECURITY SCIENCE INVESTMENT.

    (a) Assessment.--The Secretary of Homeland Security shall conduct 
an assessment of--
            (1) the development of national capabilities in homeland 
        security science and technology to address basic scientific 
        research needs, which shall--
                    (A) identify the most important scientific and 
                technological challenges and priorities for homeland 
                security;
                    (B) assess the extent to which the Department of 
                Homeland Security research and development agenda is 
                addressing the challenges and priorities identified 
                under subparagraph (A);
                    (C) assess whether the Department is effectively 
                coordinating Federal research and development efforts 
                in homeland security, particularly in the areas 
                identified under subparagraph (A);
                    (D) assess the extent to which the agenda of the 
                Department for basic research ensures that the Nation 
                undertakes appropriate science investments to meet the 
                long-term homeland security needs of the Nation, and 
                recommend the extent to which such investments should 
                be undertaken; and
                    (E) identify the criteria used for setting the 
                optimal level of investment in basic research; and
            (2) the methods used by the Directorate of Science and 
        Technology for the prioritization of science and technology 
        projects among, and within, research portfolios, including the 
        selection and execution of such projects, which shall--
                    (A) evaluate the process by which the Directorate 
                obtains classified and unclassified threat and 
                vulnerability information, and how that information is 
                used to inform decisions on resource and funding 
                allocations;
                    (B) evaluate the usefulness of following a cost/
                benefit analysis to allocate funding among those 
                portfolios and Directorate components; and
                    (C) evaluate the current methodology for selecting, 
                funding, and awarding homeland security science 
                programs at the national laboratories and academic 
                institutions, and whether optimal use of such 
                laboratories and institutions is being made.
    (b) Deadline.--Not later than one year after the date of enactment 
of this Act, the Secretary shall transmit to the Congress the findings 
of the Department's assessment under subsection (a), including 
recommendations for improvements where necessary.

SEC. 307. CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Assistant Secretary for Cybersecurity, may establish, in 
conjunction with the National 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 training in 
        cybersecurity for either professional development programs or 
        degree programs.
    (b) Roles.--
            (1) Department of homeland security.--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 
        established 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 
        established under this section consistent with the goals and 
        criteria established under paragraph (1), including soliciting 
        applicants, reviewing applications, and making and 
        administering grant awards. The Director may consult with the 
        Assistant Secretary for Cybersecurity in selecting awardees.
            (3) Funding.--The Secretary shall transfer to the National 
        Science Foundation 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 submitted by 
        consortia of institutions to encourage as many students and 
        professionals as possible to benefit from this program.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for carrying out this section $3,700,000 
for fiscal year 2005.
    (e) Definitions.--In this section, the term ``institution of higher 
education'' has the meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)).

SEC. 308. JOINT DEVELOPMENT OF COUNTERTERRORISM AND HOMELAND SECURITY 
              TECHNOLOGIES, PRODUCTS, AND SERVICES.

    (a) Authorization.--For the purpose of jointly developing 
counterterrorism and homeland security technologies, products, and 
services, the Secretary of Homeland Security may enter into agreements 
or partnerships with foreign governments that are allies of the United 
States in the war on terrorism and have extensive experience in 
counterterrorism activities, including the Government of Israel and the 
Government of the United Kingdom.
    (b) Funding.--Of the amounts appropriated for programs administered 
by the Directorate of Science and Technology of the Department of 
Homeland Security for fiscal year 2005, there is authorized up to 
$20,000,000 to carry out this section.

SEC. 309. GEOSPATIAL INFORMATION.

    (a) Coordination of Geospatial Information.--With respect to 
geospatial technology, and interoperability of such technology, the 
Secretary of Homeland Security shall--
            (1) identify the homeland security-related geospatial 
        information needs of the Department of Homeland Security;
            (2) evaluate the geospatial information gathering 
        activities of the Directorates of the Department, and take 
        appropriate actions to enhance information sharing, 
        integration, or consolidation with respect to such activities 
        within the Department;
            (3) evaluate geospatial technologies, including 
        information, data, systems, services, hardware, and software, 
        that are utilized by or available to the Department;
            (4) evaluate whether geospatial information collected under 
        projects for which the Department has provided grant funds is 
        available to the Department;
            (5) ensure that the Department is participating in and 
        coordinating with the Federal Geographic Data Committee and 
        other similar entities;
            (6) identify the homeland security-related geospatial 
        information that is being collected by other Federal agencies, 
        and evaluate its usefulness to the Department;
            (7) coordinate geospatial information sharing processes 
        between the Department and other Federal, State, and local 
        agencies; and
            (8) to the extent practicable, utilize commercial 
        geospatial data and services to meet the geospatial information 
        needs of the Department or to supplement the geospatial 
        activities of the Department and its directorates.
    (b) Geospatial Management Office.--The Secretary of Homeland 
Security shall establish a Geospatial Management Office. The head of 
such office shall be the Geospatial Information Officer, who shall be 
responsible for coordinating the geospatial information activities of 
the Department of Homeland Security, with support and assistance from 
other Directorates and offices within the Department.
    (c) Defined Terms.--As used in this subsection:
            (1) Geospatial information.--The term ``geospatial 
        information'' means graphical or digital data depicting natural 
        or manmade physical features, phenomena, or boundaries of the 
        earth and any information related thereto, including surveys, 
        maps, charts, remote sensing data, and images.
            (2) Geospatial technology.--The term ``geospatial 
        technology'' means any technology utilized by analysts, 
        specialists, surveyors, photogrammetrists, hydrographers, 
        geodesists, cartographers, architects, or engineers for the 
        collection, storage, retrieval, or dissemination of geospatial 
        information, including global satellite surveillance systems, 
        global position systems (GPS), geographic information systems 
        (GIS), mapping equipment, geocoding technology, and remote 
        sensing devices.

SEC. 310. INTEROPERABLE COMMUNICATIONS.

    (a) Coordination of Public Safety Interoperable Communications 
Programs.--The Secretary of Homeland Security shall establish a program 
to enhance public safety interoperable communications at all levels of 
government. Such program shall--
            (1) establish a comprehensive national approach to 
        achieving public safety interoperable communications;
            (2) coordinate with other Federal agencies in carrying out 
        paragraph (1);
            (3) develop, in consultation with other appropriate Federal 
        agencies and State and local authorities, an appropriate 
        baseline of communications interoperability for Federal, State, 
        and local public safety agencies;
            (4) accelerate, in consultation with other Federal 
        agencies, including the National Institute of Standards and 
        Technology, the private sector, and nationally recognized 
        standards organizations as appropriate, the development of 
        national voluntary consensus standards for public safety 
        interoperable communications;
            (5) encourage the development of flexible and open 
        architectures, with appropriate levels of security, for short-
        term and long-term solutions to public safety communications 
        interoperability;
            (6) assist other Federal agencies in identifying priorities 
        for research, development, and testing and evaluation with 
        regard to public safety interoperable communications;
            (7) identify priorities within the Department for research, 
        development, and testing and evaluation with regard to public 
        safety interoperable communications;
            (8) establish coordinated guidance for Federal grant 
        programs for public safety interoperable communications;
            (9) provide technical assistance to State and local public 
        safety agencies regarding planning, acquisition strategies, 
        interoperability architectures, training, and other functions 
        necessary to achieve public safety communications 
        interoperability;
            (10) develop and disseminate best practices to improve 
        public safety communications interoperability; and
            (11) develop appropriate performance measures and 
        milestones to systematically measure the Nation's progress 
        towards achieving public safety communications 
        interoperability, including the development of national 
        voluntary consensus standards.
    (b) Office of Public Safety Interoperable Communications.--
            (1) Establishment.--The Secretary may establish an Office 
        of Public Safety Interoperable Communications to carry out this 
        section.
            (2) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to advisory groups established and maintained by the Office.
    (c) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall report to the Congress on 
Department of Homeland Security plans for accelerating the development 
of national voluntary consensus standards for public safety 
interoperable communications, a schedule of milestones for such 
development, and achievements of such development.

SEC. 311. TECHNOLOGY DEVELOPMENT AND TRANSFER.

    (a) Transfer Program.--Section 313 of the Homeland Security Act of 
2002 (6 U.S.C. 193) is amended--
            (1) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(6) The establishment of a homeland security technology 
        and equipment transfer program to facilitate the 
        identification, modification, and commercialization of 
        technology and equipment for use by Federal, State, and local 
        governmental agencies, emergency response providers, and the 
        private sector.'';
            (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 subsection (b)(6), the Secretary, acting through the Under 
Secretary for Science and Technology, shall--
            ``(1) in consultation with the Under Secretary for 
        Emergency Preparedness and Response 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 developed, 
                tested, evaluated, or demonstrated by the Department, 
                other Federal agencies, or the private sector, and that 
                may be useful in assisting Federal, State, and local 
                governmental agencies, emergency response providers, or 
                the private sector to prevent, prepare for, or respond 
                to acts of terrorism;
                    ``(B) conduct or support tests, evaluations, or 
                demonstrations as appropriate of technologies 
                identified under subparagraph (A), including any 
                necessary modifications to such technologies for 
                counterterrorism use; and
                    ``(C) communicate to Federal, State, and local 
                governmental agencies, emergency response providers, or 
                the private sector the availability of such 
                technologies for counterterrorism use; and
            ``(2) in support of the activities described in paragraph 
        (1)--
                    ``(A) consult with Federal, State, and local 
                emergency response providers;
                    ``(B) consult with government and nationally 
                recognized standards organizations as appropriate;
                    ``(C) enter into agreements and coordinate with 
                other Federal agencies as the Secretary determines 
                appropriate, in order to maximize the effectiveness of 
                such technologies or to facilitate commercialization of 
                such technologies; and
                    ``(D) consult with existing technology transfer 
                programs and Federal and State training centers that 
                test, evaluate, and transfer military and other 
                technologies for use by emergency response 
                providers.''.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Under Secretary for Science and Technology shall transmit 
to the Congress a description of the progress the Department has made 
in implementing 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.
    (c) Savings Clause.--Nothing in this section (including the 
amendments made by this section) shall be construed to alter or 
diminish the effect of the limitation on the authority of the Secretary 
of Homeland Security under section 302(4) of the Homeland Security Act 
of 2002 (6 U.S.C. 182(4)) with respect to human health-related research 
and development activities.

              TITLE IV--CRITICAL INFRASTRUCTURE PROTECTION

SEC. 401. LIBERTY SHIELD AWARD FOR INNOVATION AND EXCELLENCE IN 
              CRITICAL INFRASTRUCTURE PROTECTION.

    (a) In General.--Title II of the Homeland Security Act of 2002 (6 
U.S.C. 121 et seq.) is amended by adding at the end the following:

                      ``Subtitle E--Miscellaneous

``SEC. 251. LIBERTY SHIELD AWARD FOR INNOVATION AND EXCELLENCE IN 
              CRITICAL INFRASTRUCTURE PROTECTION.

    ``(a) Establishment.--There is hereby established the Liberty 
Shield Award for Innovation and Excellence in Critical Infrastructure 
Protection, which shall be evidenced by a medal of such design, 
materials, and inscriptions as the Secretary may prescribe.
    ``(b) Making and Presentation of Award.--
            ``(1) In general.--The President (on the basis of 
        recommendations received from the Secretary), or the Secretary, 
        shall periodically make the award to companies and other 
        organizations that in the judgment of the President or the 
        Secretary significantly enhance the security of critical 
        infrastructure through implementing innovative solutions, 
        improvements, or practices, creating a competitive atmosphere 
        for industry to adopt the most comprehensive homeland security 
        solutions and systems, and that as a consequence are deserving 
        of special recognition.
            ``(2) Presentation.--The presentation of the award shall be 
        made by the President or the Secretary with such ceremonies as 
        the President or the Secretary may consider proper.
            ``(3) Publication and use of award.--An organization to 
        which an award is made under this section may publicize its 
        receipt of such award and use the award in its advertising.
            ``(4) Limitation on eligibility.--An organization to which 
        an award is made under this section shall be ineligible to 
        receive another such award in the same category for a period of 
        5 years.
    ``(c) Categories of Awards.--
            ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
        separate awards shall be made to qualifying organizations in 
        each of the following categories:
                    ``(A) Cyber infrastructure.
                    ``(B) Physical infrastructure.
                    ``(C) Human capital.
                    ``(D) Innovative approaches to infrastructure 
                independency.
            ``(2) Modification of categories.--The Secretary may at any 
        time expand, subdivide, or otherwise modify the list of 
        categories under paragraph (1), and may establish separate 
        awards for small businesses, units of government, or other 
        organizations upon a determination that the objectives of this 
        section would be better served thereby.
            ``(3) Limitation on number of awards in category.--Not more 
        than two awards may be made within any category in any year, 
        unless the Secretary determines that a third award is merited 
        due to extraordinary circumstances.
    ``(d) Criteria for Qualification.--
            ``(1) In general.--An organization may qualify for an award 
        under this section only if it--
                    ``(A) applies to the Secretary, in writing, for the 
                award;
                    ``(B) permits a rigorous evaluation of the way in 
                which its business and other operations have 
                implemented innovative solutions, improvements, or 
                practices to secure critical infrastructure;
                    ``(C) agrees to share its experience to assist 
                other American organizations improve their 
                implementation of solutions, improvements, or practices 
                to secure critical infrastructure; and
                    ``(D) meets such requirements and specifications as 
                the Secretary, after receiving recommendations from the 
                board of examiners established under paragraph (5), 
                determines to be appropriate to achieve the objectives 
                of this section.
            ``(2) Evaluation by board of examiners.--In applying 
        subparagraph (1)(B) with respect to any organization, the 
        Secretary shall rely upon an intensive evaluation by a 
        competent board of examiners that reviews the evidence 
        submitted by the organization and, through a site visit, 
        verifies the effectiveness of and the accuracy of claims 
        regarding the innovative solutions, improvements, or practices 
        to secure critical infrastructure.
            ``(3) Use of nonprofit entities.--
                    ``(A) In general.--The Secretary may, under 
                appropriate contractual arrangements, carry out the 
                responsibilities under subparagraphs (A) and (B) of 
                paragraph (1) through one or more broad-based nonprofit 
                entities that are leaders in the field of critical 
                infrastructure and that have a history of public or 
                government service.
                    ``(B) Board of examiners.--The Secretary shall 
                appoint a board of examiners for the award, consisting 
                of at least 5 persons selected for their preeminence in 
                the field of infrastructure protection.
    ``(e) Information and Technology Transfer Program.--The Secretary 
shall ensure that all program participants receive the complete results 
of their audits as well as detailed explanations of all suggestions for 
improvements. The Secretary also shall provide information about the 
awards and the successful infrastructure protection strategies and 
programs of the award-winning participants to all participants and 
other appropriate groups.
    ``(f) Funding.--The Secretary may seek and accept gifts from public 
and private sources to carry out the program under this section. If 
additional sums are needed to cover the full cost of the program, the 
Secretary shall impose fees upon the organizations applying for the 
award in amounts sufficient to provide such additional sums. The 
Secretary may use appropriated funds to carry out responsibilities 
under this Act.
    ``(g) Small Business Defined.--As used in this section the term 
`small business' means a small business concern as defined in section 2 
of Public Law 85-539 (15 U.S.C. 632) and implementing regulations of 
the Administrator of the Small Business Administration.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting at the end of the items relating to 
title II the following:

                      ``Subtitle E--Miscellaneous

``251. Liberty Shield Award for Innovation and Excellence in Critical 
                            Infrastructure Protection.''.

SEC. 402. SENSE OF CONGRESS REGARDING PRIVATE SECTOR PARTICIPATION IN 
              THE HOMELAND SECURITY OPERATIONS CENTER.

    It is the sense of Congress that the Department of Homeland 
Security's Homeland Security Operations Center should increase on-site 
participation of representatives from the private sector critical 
infrastructure sectors.

SEC. 403. TREATMENT OF GLOBAL POSITIONING SYSTEM AS CRITICAL 
              INFRASTRUCTURE.

    Section 201(d)(5) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)(5)) is amended by inserting ``the civilian Global Positioning 
System (GPS) infrastructure,'' after ``communications systems,''.

SEC. 404. COORDINATION OF CRITICAL INFRASTRUCTURE GRANTS.

    The Under Secretary for Information Analysis and Infrastructure 
Protection and the Director of the Office for Domestic Preparedness 
shall coordinate their activities and develop mechanisms to--
            (1) ensure that grants related to critical infrastructure 
        protection are consistent with priorities, recommendations, and 
        activities of the Under Secretary for Information Analysis and 
        Infrastructure Protection under section 201(d) of the Homeland 
        Security Act of 2002 (6 U.S.C. 121(d)); and
            (2) track and provide reporting on such grants by 
        recipient, type of activity funded, and critical infrastructure 
        sector addressed.

SEC. 405. CRITICAL INFRASTRUCTURE PROTECTION AWARENESS.

    Within 6 months after the date of the enactment of this Act, the 
Secretary of Homeland Security shall develop and distribute print, 
video, and interactive critical infrastructure protection awareness and 
education materials for emergency response providers (as that term is 
defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) and owners and operators of such infrastructure, that describe 
critical infrastructure and its interdependent nature, its implications 
for local communities, and resources available for responding to 
critical infrastructure catastrophic events.

              TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

SEC. 501. TERRORISM EXERCISE PROGRAM REQUIREMENTS.

    The Secretary of Homeland Security shall ensure that terrorism 
preparedness exercises conducted by the Department of Homeland Security 
and related information and training--
            (1) enhance coordination and preparedness for acts of 
        terrorism at all levels of Federal, State, and local 
        governments and the private sector;
            (2) are--
                    (A) multidisciplinary in nature, including, as 
                appropriate, cybersecurity components;
                    (B) as realistic as practicable and risk-based;
                    (C) evaluated against performance measures and 
                followed by corrective action to solve identified 
                deficiencies; and
                    (D) assessed to learn best practices, which shall 
                be shared with appropriate Federal, State, and local 
                personnel and authorities; and
            (3) assist State and local governments with the 
        implementation of exercises that--
                    (A) conform to the requirements of paragraph (2); 
                and
                    (B) are consistent with any applicable State 
                homeland security strategy or plan.

SEC. 502. GRANT AWARD NOTIFICATION AND DISTRIBUTION.

    (a) Notification.--With respect to any grant awarded by the 
Department of Homeland Security to any local government (as that term 
is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)), the Secretary of Homeland Security shall promptly provide notice 
of the award of such grant, including the name of the recipient and the 
amount of the award, to the appropriate State government official.
    (b) Distribution.--In making any grant targeted to a high-threat, 
high-density urban area, the Secretary shall ensure, to the maximum 
extent practicable, that such grants are distributed among the 
jurisdictions that could reasonably be expected to provide support to 
the high-threat, high-density urban area following an act of terrorism, 
including interstate jurisdictions.

SEC. 503. MUTUAL AID PROGRAM.

    The Secretary of Homeland Security shall establish a program 
supporting the development of mutual aid systems for preparedness for 
and response to acts of terrorism and other emergencies throughout the 
Nation, by--
            (1) identifying and cataloging existing mutual aid 
        agreements related to preparedness for and response to acts of 
        terrorism and other emergencies at the State and local levels 
        of government;
            (2) disseminating to State and local governments examples 
        of best practices in the development of mutual aid agreements 
        and models of existing mutual aid agreements, including 
        agreements involving interstate jurisdictions; and
            (3) completing an inventory of Federal response 
        capabilities for acts of terrorism and other emergencies, 
        making such inventory available to appropriate Federal, State, 
        and local government officials, and ensuring that such 
        inventory is as current and accurate as practicable.

SEC. 504. NATIONAL PREPAREDNESS GOAL.

    (a) Deadline.--No later than 120 days after the date of the 
enactment of this Act, and consistent with the provisions of section 
505 of the Homeland Security Act of 2002 (6 U.S.C. 315), the Secretary 
of Homeland Security shall develop and publish a domestic emergency 
national preparedness goal, with a particular emphasis on preparedness 
for acts of terrorism.
    (b) Preparedness Goal Defined.--The national preparedness goal 
shall--
            (1) establish measurable readiness priorities;
            (2) balance the potential threat and magnitude of acts of 
        terrorism, major disasters, and other emergencies with the 
        resources required to prevent, respond to, and recover from 
        them;
            (3) include readiness metrics and elements to measure 
        achievement of the national preparedness goal;
            (4) include standards for preparedness assessments and 
        strategies; and
            (5) establish a system for assessing the Nation's overall 
        preparedness to respond to major events, especially those 
        involving acts of terrorism.
    (c) Coordination and Consultation.--In developing the national 
preparedness goal, the Secretary shall--
            (1) coordinate with the heads of other appropriate Federal 
        departments and agencies;
            (2) consult with State and local governments, including 
        representatives of a cross section of emergency response 
        provider disciplines; and
            (3) consult with national voluntary consensus standards 
        development organizations.
    (d) Submission.--Upon completion of the national preparedness goal, 
the Secretary shall submit to the Congress a description of such goal 
and the coordination and consultation process used to develop it under 
subsection (c).

SEC. 505. CLARIFICATION OF RESPONSIBILITY FOR INTEROPERATIVE 
              COMMUNICATIONS.

    (a) Under Secretary for Emergency Preparedness and Response.--
Section 502(7) of the Homeland Security Act of 2002 (6 U.S.C. 312(7)) 
is amended--
            (1) by striking ``developing comprehensive programs for 
        developing interoperative communications technology, and''; and
            (2) by striking ``such'' and inserting ``interoperative 
        communications''.
    (b) Office for Domestic Preparedness.--Section 430(c) of such Act 
(6 U.S.C. 238(c)) is amended to read as follows:
            (1) in paragraph (7) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (8) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(9) helping to ensure the acquisition of interoperative 
        communication technology by State and local governments and 
        emergency response providers.''.

SEC. 506. NATIONAL BIODEFENSE STRATEGY.

    (a) Strategy.--
            (1) In general.--Consistent with the provisions of section 
        505 of the Homeland Security Act of 2002 (6 U.S.C. 315) and 
        subsections (a) and (b) of section 304 of such Act (6 U.S.C. 
        184), the Secretary of Homeland Security, in consultation with 
        the heads of other appropriate Federal agencies, shall develop 
        a comprehensive national biodefense strategy (in this section 
        referred to as the ``biodefense strategy'') for meeting the 
        requirements, responsibilities, and authorities of the Homeland 
        Security Act of 2002 (6 U.S.C. 101 et seq.), including sections 
        201(d)(1), 302(2), and 502(3) of such Act, with respect to the 
        biodefense mission of the Department.
            (2) Deadlines.--The Secretary shall--
                    (A) develop the biodefense strategy not later than 
                one year after the date of the enactment of this Act; 
                and
                    (B) regularly update such strategy as necessary, 
                but not less than every four years.
    (b) Contents.--The biodefense strategy shall set forth the 
following:
            (1) The objectives, missions, and priorities, including how 
        such objectives, missions, and priorities were established and 
        will be updated.
            (2) A description of the biological threats to and 
        vulnerabilities of the Nation, including a prioritization of 
        such threats in terms of risk.
            (3) A specification of each Federal agency with research 
        and development responsibilities regarding such objectives, 
        missions, and priorities, and a description of such 
        responsibilities.
            (4) A specification of each Federal agency with other 
        responsibilities regarding such objectives, missions, and 
        priorities (including surveillance, threat and risk analysis, 
        and incident response), and a description of such 
        responsibilities.
            (5) The mechanisms by which coordination among the Federal 
        agencies described in paragraphs (3) and (4) will be achieved.
            (6) The role of State and local governments and private 
        sector institutions in the biodefense strategy, as identified 
        by the Federal agencies described in paragraphs (3) and (4) 
        with the responsibility and mission to coordinate and 
        communicate with State and local governments and private sector 
        institutions.
            (7) The mechanisms by which the Federal agencies referred 
        to in paragraph (6) coordinate and communicate with State and 
        local governments and private sector institutions.
            (8) Performance benchmarks to measure progress in achieving 
        the objectives of the biodefense strategy, including a 
        specification of expected timeframes for implementation.
    (c) Other Agency Responsibilities.--The Secretary shall obtain the 
concurrence of the relevant Federal agency head with respect to such 
other agency's responsibilities or activities covered by this section.
    (d) Submission.--Upon its completion, the Secretary shall transmit 
a copy of the biodefense strategy to the Congress in an unclassified 
form with a classified annex as appropriate.

SEC. 507. NATIONAL STRATEGY TO MITIGATE THE RADIOLOGICAL AND NUCLEAR 
              THREAT.

    (a) Strategy.--
            (1) In general.--Consistent with the provisions of section 
        505 of the Homeland Security Act of 2002 (6 U.S.C. 315) and 
        subsections (a) and (b) of section 304 of such Act (6 U.S.C. 
        184), the Secretary of Homeland Security, in consultation with 
        the heads of other appropriate Federal agencies, shall develop 
        a comprehensive national strategy (in this section referred to 
        as the ``strategy'') for meeting the requirements, 
        responsibilities, and authorities of the Department of Homeland 
        Security under the Homeland Security Act of 2002 (including 
        sections 201(d)(1), 302(2), and 502(2) and (3) (6 U.S.C. 
        121(d)(1), 182(2), and 312(2) and (3))) with respect to 
        mitigating the radiological and nuclear threat.
            (2) Deadline.--The Secretary shall develop the strategy not 
        later than one year after the date of enactment of this Act.
    (b) Contents.--The strategy shall include--
            (1) radiological and nuclear mitigation objectives, 
        missions, and priorities, including a description of how they 
        were established and will be updated;
            (2) a description of the radiological and nuclear threats 
        to and vulnerabilities of the Nation, including a 
        prioritization of such threats in terms of risk;
            (3) a specification of each Federal agency with research 
        and development responsibilities regarding such objectives, 
        missions, and priorities, and a description of such 
        responsibilities;
            (4) a specification of each Federal agency with other 
        responsibilities regarding such objectives, missions, and 
        priorities (including surveillance, threat and risk analysis, 
        and incident response), and a description of such 
        responsibilities;
            (5) the mechanisms by which coordination among the Federal 
        agencies specified in paragraphs (3) and (4) will be achieved; 
        and
            (6) performance benchmarks to measure progress in achieving 
        the strategy, including a specification of expected timeframes 
        for implementation.
    (c) Other Agency Responsibilities.--The Secretary shall obtain the 
concurrence of the relevant Federal agency head with respect to such 
other agency's responsibilities or activities covered by this section.
    (d) Submission.--Upon its completion, the Secretary shall transmit 
a copy of the strategy to the Congress in an unclassified form, with a 
classified annex as appropriate.

           TITLE VI--SECURITY ENFORCEMENT AND INVESTIGATIONS

SEC. 601. PLAN FOR ENHANCED COORDINATION AND INTEROPERABILITY OF 
              MARITIME AND AIRBORNE HOMELAND SECURITY ASSETS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall develop 
and submit to the appropriate congressional committees (as that term is 
defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) a plan to ensure--
            (1) coordination of the operational planning and deployment 
        of the maritime and airborne assets of the Directorate of 
        Border and Transportation Security that are used for homeland 
        security purposes in order to enhance mission capacity, improve 
        efficiency of operations, and reduce duplication of efforts;
            (2) coordination of the modernization plans of the assets 
        described in paragraph (1) in order to enhance mission 
        capacity, improve efficiency of operations, and reduce 
        duplication of efforts;
            (3) coordination of the maintenance and repair capacity of 
        the assets described in paragraph (1) in order to enhance 
        mission capacity, improve efficiency of operations, and reduce 
        duplication of efforts;
            (4) interoperable communication systems among the 
        Department of Homeland Security's maritime and airborne assets 
        that are used for homeland security purposes, to the extent 
        practicable, in order to enhance mission capacity, improve 
        efficiency of operations, and reduce duplication of efforts; 
        and
            (5) sharing of maritime information relating to vessels, 
        crew, passengers, cargo, and cargo shippers among the 
        appropriate elements of the Department of Homeland Security.
    (b) Relationship With the Coast Guard.--To the extent permitted by 
section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468), the 
plan shall consider whether there are additional opportunities for 
enhanced coordination between the maritime and airborne assets within 
the Directorate of Border and Transportation Security Directorate and 
those of the Coast Guard.

SEC. 602. ACCESS TO BORDER AND TRANSPORTATION SECURITY INFORMATION.

    The Secretary of Homeland Security shall take any action necessary 
and appropriate to ensure--
            (1) that all appropriate personnel of the Directorate of 
        Border and Transportation Security can promptly access and 
        receive law enforcement and intelligence information contained 
        in all databases utilized by the Directorate;
            (2) the prompt transmittal of information between entities 
        of the Directorate and the Directorate for Information Analysis 
        and Infrastructure Protection and any other entity of the 
        Department prescribed by the Secretary; and
            (3) that all actions taken under this section are 
        consistent with the Secretary's Department-wide efforts to 
        ensure the compatibility of information systems and databases 
        pursuant to section 102(b)(3) of the Homeland Security Act of 
        2002 (6 U.S.C. 112(b)(3)).

SEC. 603. COMBINED ENROLLMENT CENTERS FOR EXPEDITED INSPECTION 
              PROGRAMS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
initiate a pilot program under which the Department shall establish not 
less than 2 combined enrollment centers at locations away from United 
States ports of entry for programs that permit participants to receive 
expedited inspection at designated ports of entry.
    (b) Allocation.--Of the combined enrollment centers established 
under subsection (a), at least 1 shall serve the northern border of the 
United States and at least 1 shall serve the southern border of the 
United States.

SEC. 604. EXPEDITED INSPECTION PROGRAM USE AT MULTIPLE PORTS OF ENTRY.

    Not later than 18 months after the date of the enactment of this 
Act, the Secretary of Homeland Security shall permit individuals 
holding a valid identification card issued under a program that permits 
participants to receive expedited inspection at designated ports of 
entry to use such card at any port of entry at which such program is 
operating.

           TITLE VII--DEPARTMENTAL MANAGEMENT AND OPERATIONS

SEC. 701. ASSIGNMENT OF MANAGEMENT RESPONSIBILITIES TO DEPUTY 
              SECRETARY; ESTABLISHMENT OF ADDITIONAL OFFICER.

    (a) Management Responsibilities.--Section 701 of the Homeland 
Security Act of 2002 (6 U.S.C. 341) is amended as follows:
            (1) by striking the heading and inserting the following:

``SEC. 701. MANAGEMENT RESPONSIBILITIES.''.

            (2) In subsection (a) by striking ``Under Secretary for 
        Management'' and inserting ``Deputy Secretary''.
            (3) In subsection (a) by striking paragraph (7), by 
        redesignating paragraphs (1) through (11) in order as 
        paragraphs (6) through (14), and by inserting before paragraph 
        (4) (as so redesignated) the following:
            ``(1) Oversight, integration, and coordination of 
        departmental operations, policies, programs, functions, and 
        systems to promote organizational effectiveness, accountability 
        and efficiency.
            ``(2) Strategic planning, development of measurable 
        implementation goals, and establishment of resource allocation 
        priorities, including preparation of the annual Future Years 
        Homeland Security Program under section 874.
            ``(3) Development and tracking of performance measures and 
        metrics relating to the responsibilities and missions of the 
        Department.
            ``(4) Ensuring effective and timely information sharing 
        within the Department and between the Department and other 
        Federal agencies, State and local governments, and the private 
        sector.
            ``(5) Establishment of clearly defined roles and 
        responsibilities within the Department, and between the 
        Department and other Federal agencies, and ensuring necessary 
        cooperation between the Department and other Federal agencies, 
        State and local governments, and the private sector.''.
            (4) In subsection (b) by striking ``Under Secretary for 
        Management'' each place it appears and inserting ``Deputy 
        Secretary''.
    (b) Report.--For each of the first 3 fiscal years beginning after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall include as part of the annual program performance report 
for the Department of Homeland Security under section 1116 of title 31, 
United States Code, a separate, comprehensive review setting forth the 
following:
            (1) The significant management accomplishments achieved by 
        the Department with respect to each of the management 
        responsibilities set forth in section 701 of the Homeland 
        Security Act of 2002 (6 U.S.C. 341).
            (2) The significant management challenges identified by the 
        Secretary with respect to each of the management 
        responsibilities set forth in section 701 of the Homeland 
        Security Act of 2002 (6 U.S.C. 341).
            (3) Plans and strategies, including the establishment of 
        performance indicators or performance goals, to address such 
        significant management challenges identified by the Secretary.
            (4) Plans and strategies, including the establishment of 
        performance indicators or performance goals, for achieving 
        integration, consolidation, and efficiencies in policies, 
        programs, and functions across the Department.
    (c) Chief Acquisition Officer.--Section 103 of the Homeland 
Security Act of 2002 (6 U.S.C. 113) is amended by redesignating 
subsection (e) as subsection (f), and by inserting after subsection (d) 
the following:
    ``(e) Chief Acquisition Officer.--There shall be in the Department 
a Chief Acquisition Officer as provided in section 16 of Office of 
Federal Procurement Policy Act (41 U.S.C. 414).''.
    (d) Chief Human Capital Officer.--Section 704 of the Homeland 
Security Act of 2002 (6 U.S.C. 344) is amended to read as follows:

``SEC. 704. CHIEF HUMAN CAPITAL OFFICER.

    ``The Chief Human Capital Officer appointed under section 103(d)(3) 
shall report to the Secretary, or to any other official of the 
Department, as the Secretary may direct. The Chief Human Capital 
Officer--
            ``(1) shall assess the ability of Department personnel to 
        fulfill the Department's missions, and oversee the 
        implementation of effective recruitment and retention efforts 
        across the Department;
            ``(2) shall ensure that all employees of the Department are 
        informed of their rights and remedies under chapters 12 and 23 
        of title 5, United States Code, by--
                    ``(A) participating in the 2302(c) Certification 
                Program of the Office of Special Counsel;
                    ``(B) achieving certification from the Office of 
                Special Counsel of the Department's compliance with 
                section 2302(c) of title 5, United States Code; and
                    ``(C) informing the Congress of such certification 
                not later than 24 months after the date of enactment of 
                this paragraph; and
            ``(3) shall perform such other functions as may be required 
        by law or prescribed by the Secretary.''.
    (e) Abolishment of Under Secretary for Management.--
            (1) Abolishment.--Section 103(a) of the Homeland Security 
        Act of 2002 (6 U.S.C. 113(a)) is amended by striking paragraph 
        (7), and by redesignating paragraphs (8) and (9) as paragraph 
        (7) and (8), respectively.
            (2) Continued service.--Notwithstanding the amendment made 
        by subsection (a), an individual serving as Under Secretary for 
        Management of the Department of Homeland Security immediately 
        before the enactment of this Act may continue to serve in such 
        role at the discretion of the Secretary of Homeland Security.
    (f) Basic Pay Rates.--Section 5315 of title 5, United States Code, 
is amended by inserting after the item relating to Chief Information 
Officer, Department of Homeland Security, the following: ``Chief 
Acquisition Officer, Department of Homeland Security.''.

SEC. 702. ADDITIONAL BUDGET-RELATED SUBMISSION.

    (a) In General.--Beginning in fiscal year 2006, and annually 
thereafter, the Secretary of Homeland Security shall submit to the 
Congress budget request information for the Department of Homeland 
Security's information technology-related spending that is organized by 
directorate and by Department-wide critical mission area, including the 
integration of information technology systems to improve departmental 
operations, management, and information sharing.
    (b) Submission.--The Secretary shall submit the information under 
subsection (a) at the same time as the submission of the President's 
annual budget request to the Congress.

SEC. 703. CONGRESSIONAL NOTIFICATION REQUIREMENTS.

    (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. CONGRESSIONAL NOTIFICATION REQUIREMENTS.

    ``(a) In General.--The Secretary shall keep each appropriate 
congressional committee fully and currently informed of the 
Department's activities, including any significant initiative of any 
directorate, office, or component of the Department, and any 
significant failure or material delay in implementing any initiative 
for which notification is required by this subsection.
    ``(b) Copies of Agreements, Memoranda, and Other Instruments.--The 
Secretary shall provide promptly to each appropriate congressional 
committee a copy of any agreement, memorandum, or other instrument that 
creates or evidences any obligation that is binding on the Department 
with respect to any other Federal, State, or local department, agency, 
or other entity, or to any private sector entity, excluding grants, 
contracts or cooperative agreements.
    ``(c) Unclassified Versions of Classified Notifications.--
            ``(1) In general.--(A) The Secretary may submit any 
        notification required under this section in classified form, if 
        that is necessary in order to provide the information required 
        by this section.
            ``(B) In carrying out subparagraph (A), the Secretary may 
        submit any classified notification by delivering it to the 
        premises of any committee of the House of Representatives or 
        the Senate that the Speaker of the House or President of the 
        Senate, has determined to have storage facilities appropriate 
        for classified material of such type.
            ``(2) Unclassified notification.--When the Secretary 
        submits a classified notification pursuant to paragraph (1), 
        the Secretary shall provide to each appropriate congressional 
        committee, at the same time the Secretary provides any 
        classified notification to such committees under this section, 
        a notification in an unclassified form containing as much of 
        the substance of such classified notification as can be 
        provided in an unclassified format.
            ``(3) Prompt submission.--If providing a notification in an 
        unclassified form under paragraph (2) would delay the 
        Secretary's submission of the notification, the Secretary shall 
        submit the unclassified notification required by paragraph (2) 
        as soon as practicable after submission of the classified 
        notification to which it relates.
    ``(d) Sense of Congress.--Notwithstanding the requirements of 
subsections (a) through (c), it is the sense of the Congress that 
senior officials of the Department should routinely consult with the 
appropriate congressional committees prior to adopting any significant 
initiative to implement the statutory responsibilities of the 
Department.
    ``(e) Significant Initiative Defined.--As used in this section, the 
term `significant initiative'--
            ``(1) means any new or largely unprecedented program, 
        activity, or system of the Department or any significant 
        expansion of an existing program, activity, or system, that 
        implements any of the Department's responsibilities under this 
        Act or any other legally binding mandate; and
            ``(2) includes any agreement, joint venture, or cooperative 
        arrangement the Department enters into in order to carry out 
        any aspect of the statutory mission of the Department, or to 
        provide material assistance to any other Federal, State, or 
        local government entity in discharging that entity's homeland 
        security-related responsibilities.''.
    (b) Clerical Amendment.--The table of contents in Section 1(a) of 
such Act is amended by inserting after the item relating to section 103 
the following:

``104. Congressional notification requirements.''.

     TITLE VIII--TECHNICAL CORRECTIONS AND MISCELLANEOUS PROVISIONS

SEC. 801. TECHNICAL CORRECTION RELATING TO DEFINITION OF CRITICAL 
              INFRASTRUCTURE INFORMATION.

    Section 212(3) of the Homeland Security Act of 2002 (6 U.S.C. 
131(3)) is amended in the matter preceding subparagraph (A) by 
inserting ``, including such information regarding'' after ``protected 
systems''.

SEC. 802. CLARIFICATION OF PAY LEVEL FOR DIRECTOR OF BUREAU OF 
              CITIZENSHIP AND IMMIGRATION SERVICES.

    Section 451(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
271(a)(2)) is amended by--
            (1) inserting ``and'' after the semicolon in subparagraph 
        (A);
            (2) striking ``; and'' in subparagraph (B) and inserting a 
        period; and
            (3) striking subparagraph (C).

SEC. 803. DIRECTOR OF UNITED STATES SECRET SERVICE.

    (a) Director of the Secret Service.--Section 103 of the Homeland 
Security Act of 2002 (6 U.S.C. 113) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
                    ``(D) Director of the secret service.--To assist 
                the Secretary in the performance of the Secretary's 
                functions, there is a Director of the Secret Service, 
                who shall be appointed by the President, and who shall 
                report directly to the Secretary.''.
    (b) Conforming Amendment.--Subsection (e) of section 103 of such 
Act (as redesignated by subsection (a)(1) of this section) is amended--
            (1) by striking paragraph (1); and
            (2) by redesignating paragraphs (2) through (5) as 
        paragraphs (1) through (4), respectively.

SEC. 804. TECHNICAL CORRECTION RENAMING THE NATIONAL IMAGERY AND 
              MAPPING AGENCY.

    Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is 
amended--
            (1) in subsection (f)(2)(E), by striking ``National Imagery 
        and Mapping Agency'' and inserting ``National Geospatial-
        Intelligence Agency''; and
            (2) in subsection (h), by striking ``401(a)'' and inserting 
        ``401a(4)''.

SEC. 805. NO EFFECT ON AUTHORITY OF INSPECTOR GENERAL.

    Nothing in this Act shall affect the authority of the Inspector 
General of the Department of Homeland Security under the Inspector 
General Act of 1978 (5 App. U.S.C.) to carry out the functions of the 
Inspector General under that Act.

               TITLE IX--AUTHORIZATION OF APPROPRIATIONS

SEC. 901. DEPARTMENT OF HOMELAND SECURITY.

    There is authorized to be appropriated for the Department of 
Homeland Security $31,999,941,000 for fiscal year 2005.

SEC. 902. DEPARTMENTAL MANAGEMENT AND OPERATIONS.

    Of the amount authorized under section 901, there is authorized for 
departmental management and operations, including management and 
operations of the Office for State and Local Government Coordination 
and Preparedness, $4,709,105,000, of which up to $50,000,000 may be 
appropriated for the Office for Domestic Preparedness for carrying out 
the purposes of the Metropolitan Medical Response System.

SEC. 903. INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.

    Of the amount authorized under section 901, there is authorized for 
information analysis and infrastructure protection programs and 
activities $854,576,000.

SEC. 904. SCIENCE AND TECHNOLOGY.

    Of the amount authorized under section 901, there is authorized for 
science and technology programs and activities $1,132,299,000.

SEC. 905. SECURITY ENFORCEMENT AND INVESTIGATIONS.

    Of the amount authorized under section 901, there is authorized for 
expenses related to border and transportation security, immigration, 
and other security and related functions, $19,878,365,000.

SEC. 906. EMERGENCY PREPAREDNESS AND RESPONSE.

    Of the amount authorized under section 901, there is authorized for 
emergency preparedness and response programs and activities, 
$5,425,596,000.
                                 <all>