[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1817 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 1817

_______________________________________________________________________

                                 AN ACT


 
To authorize appropriations for fiscal year 2006 for the Department of 
               Homeland Security, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security 
Authorization Act for Fiscal Year 2006''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.
Sec. 102. Customs and border protection; border patrol agents.
Sec. 103. Departmental management and operations.
Sec. 104. Critical infrastructure grants.
Sec. 105. Research and development.
Sec. 106. Border and transportation security.
Sec. 107. State and local terrorism preparedness.
Sec. 108. Immigration resources.
Sec. 109. Authorization of appropriations for training of State and 
                            local personnel performing immigration 
                            functions.
     TITLE II--TERRORISM PREVENTION, INFORMATION SHARING, AND RISK 
                               ASSESSMENT

                    Subtitle A--Terrorism Prevention

Sec. 201. Consolidated background check process.
    Subtitle B--Homeland Security Information Sharing and Analysis 
                              Enhancement

Sec. 211. Short title.
Sec. 212. Provision of terrorism-related information to private sector 
                            officials.
Sec. 213. Analytic expertise on the threats from biological agents and 
                            nuclear weapons.
Sec. 214. Alternative analysis of homeland security information.
Sec. 215. Assignment of information analysis and infrastructure 
                            protection functions.
Sec. 216. Coordination of homeland security threat analysis provided to 
                            non-Federal officials.
Sec. 217. 9/11 Memorial Homeland Security Fellows Program.
Sec. 218. Access to nuclear terrorism-related information.
Sec. 219. Access of Assistant Secretary for Information Analysis to 
                            terrorism information.
Sec. 220. Administration of the Homeland Security Information Network.
Sec. 221. IAIP personnel recruitment.
Sec. 222. Homeland Security Information Requirements.
Sec. 223. Homeland Security Advisory System.
Sec. 224. Use of open-source information.
Sec. 225. Full and efficient use of open-source information.
Sec. 226. Coordination with the intelligence community.
Sec. 227. Consistency with applicable Federal laws.
            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

Sec. 301. National terrorism exercise program.
Sec. 302. Technology development and transfer.
Sec. 303. Review of antiterrorism acquisitions.
Sec. 304. Center of Excellence for Border Security.
Sec. 305. Requirements relating to the Container Security Initiative 
                            (CSI).
Sec. 306. Security of maritime cargo containers.
Sec. 307. Security plan for general aviation at Ronald Reagan 
                            Washington National Airport.
Sec. 308. Interoperable communications assistance.
Sec. 309. Report to Congress on implementation of recommendations 
                            regarding protection of agriculture.
Sec. 310. Commercial Flights to and from Ronald Reagan Washington 
                            National Airport.
Sec. 310A. Federal Flight Deck Officers.
 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

Sec. 311. Short title.
Sec. 312. Assistant Secretary for Cybersecurity.
Sec. 313. Cybersecurity training programs and equipment.
Sec. 314. Cybersecurity research and development.
         Subtitle C--Security of public transportation systems

Sec. 321. Security best practices.
Sec. 322. Public awareness.
           Subtitle D--Critical infrastructure prioritization

Sec. 331. Critical infrastructure.
Sec. 332. Security review.
Sec. 333. Implementation report.
Sec. 334. Protection of information.
 TITLE IV--U.S. CUSTOMS AND BORDER PROTECTION AND U.S. IMMIGRATION AND 
                          CUSTOMS ENFORCEMENT

Sec. 401. Establishment and implementation of cost accounting system; 
                            reports.
Sec. 402. Report relating to One Face at the Border Initiative.
Sec. 403. Customs services.
Sec. 404. Sense of Congress on interpretation of textile and apparel 
                            provisions.
Sec. 405. Improving Sentri, Fast, and Nexus pre-enrollment programs.
                         TITLE V--MISCELLANEOUS

Sec. 501. Border security and enforcement coordination and operations.
Sec. 502. GAO report to Congress.
Sec. 503. Plan to reduce wait times.
Sec. 504. Denial of transportation security card.
Sec. 505. Transfer of existing Customs Patrol Officers unit and 
                            establishment of new CPO units in the 
                            Bureau of Immigration and Customs 
                            Enforcement.
Sec. 506. Data collection on use of immigration consultants.
Sec. 507. Office for State and local government coordination.
Sec. 508. Study of modification of area of jurisdiction of Office of 
                            National Capital Region Coordination.
Sec. 509. Authority of other Federal agencies unaffected.
Sec. 510. Centers of excellence.
Sec. 511. Report to Congress on uniform and identification security.
Sec. 512. Border surveillance.
Sec. 513. Advanced technology norther border security pilot program.
Sec. 514. GAO study of proposals to increase temporary protected status 
                            registration fee.
Sec. 515. GAO study of consequences of expanding use of premium service 
                            for immigration benefit applications and 
                            petitions.
Sec. 516. Buy American requirement for procurements of goods containing 
                            components.
Sec. 517. Disaster assistance for funeral expenses.
Sec. 518. Extension of authorization of appropriations for Office of 
                            Counternarcotics Enforcement at Department 
                            of Homeland Security.
Sec. 519. Prohibition against increase in security service fees.
Sec. 520. Federal affirmation of assistance in immigration law 
                            enforcement by States and political 
                            subdivisions.
Sec. 521. Training of State and local law enforcement personnel in 
                            enforcement of immigration laws.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. DEPARTMENT OF HOMELAND SECURITY.

     There is authorized to be appropriated to the Secretary of 
Homeland Security for the necessary expenses of the Department of 
Homeland Security for fiscal year 2006, $34,152,143,000.

SEC. 102. CUSTOMS AND BORDER PROTECTION; BORDER PATROL AGENTS.

    Of the amount authorized under section 101, there is authorized to 
be appropriated for U.S. Customs and Border Protection for fiscal year 
2006, $6,926,424,722, of which $1,839,075,277 is authorized for border 
security and control between ports of entry, including for the hiring 
of 2,000 full-time active-duty border patrol agents above the number of 
such positions for which funds were allotted for fiscal year 2005 
(excluding any supplemental appropriations).

SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS.

     Of the amount authorized under section 101, there is authorized to 
be appropriated for fiscal year 2006 for departmental management and 
operations, $649,672,000, of which--
            (1) $44,895,000 is authorized for the Department of 
        Homeland Security Regions Initiative;
            (2) $4,459,000 is authorized for Operation Integration 
        Staff; and
            (3) $56,278,000 is authorized for Office of Security 
        initiatives.

SEC. 104. CRITICAL INFRASTRUCTURE GRANTS.

     Of the amount authorized under section 101, there is authorized to 
be appropriated for fiscal year 2006 for grants and other assistance to 
improve critical infrastructure protection, $465,000,000.

SEC. 105. RESEARCH AND DEVELOPMENT.

     Of the amount authorized under section 101, there are authorized 
to be appropriated for fiscal year 2006--
            (1) $76,573,000 to support chemical countermeasure 
        development activities of the Directorate of Science and 
        Technology;
            (2) $195,014,000 to support a nuclear detection office and 
        related activities;
            (3) $19,000,000 for cybersecurity-related research and 
        development activities;
            (4) $10,000,000 for research and development of 
        technologies capable of countering threats posed by man-
        portable air defense systems, including location-based 
        technologies and noncommercial aircraft-based technologies; and
            (5) $10,600,000 for the activities of such directorate 
        conducted pursuant to subtitle G of title VIII of the Homeland 
        Security Act of 2002 (6 U.S.C. 441 et seq.).

SEC. 106. BORDER AND TRANSPORTATION SECURITY.

     Of the amount authorized under section 101, there are authorized 
to be appropriated for fiscal year 2006--
            (1) $826,913,000 for expenses related to Screening 
        Coordination and Operations of the Directorate of Border and 
        Transportation Security;
            (2) $100,000,000 for weapons of mass destruction detection 
        technology of such directorate; and
            (3) $133,800,000 for the Container Security Initiative of 
        such directorate.

SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS.

    Of the amount authorized under section 101, there are authorized to 
be appropriated for fiscal year 2006--
            (1) $40,500,000 for the activities of the Office for 
        Interoperability and Compatibility within the Directorate of 
        Science and Technology pursuant to section 7303 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C 194); and
            (2) $2,000,000,000 for grants to State and local 
        governments for terrorism preparedness awarded by the Office of 
        State and Local Government Coordination and Preparedness.

SEC. 108. IMMIGRATION RESOURCES.

    Of the amount authorized under section 101, there is authorized to 
be appropriated for fiscal year 2006 the following:
            (1) For the Immigration and Customs Enforcement Legal 
        Program, $159,514,000, including for the hiring of an 
        additional 300 attorneys above the number of such positions for 
        which funds were allotted for fiscal year 2005, and related 
        training and support costs.
            (2) Sufficient sums for the hiring of an additional 300 
        adjudicators above the number of such positions for which funds 
        were allotted for fiscal year 2005 to carry out the functions 
        stated in section 451(b) of the Homeland Security Act of 2002 
        (6 U.S.C. 271(b)), and related training and support costs. The 
        fees provided for in section 286(m) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(m)) shall be adjusted in order 
        to provide sufficient sums for the hiring of the additional 
        adjudicators and for the related training and support costs 
        provided for in this paragraph.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING OF STATE AND 
              LOCAL PERSONNEL PERFORMING IMMIGRATION FUNCTIONS.

    (a) In General.--To carry out subsection (b), from amounts 
authorized under section 101, there are authorized to be appropriated 
$40,000,000 for fiscal year 2006, to remain available until September 
30, 2007.
    (b) Use of Funds.--From amounts made available under subsection 
(a), the Secretary of Homeland Security may reimburse a State or 
political subdivision for the expenses described in subsection (d).
    (c) Eligible Recipients.--A State, or a political subdivision of a 
State, is eligible for reimbursement under subsection (b) if the State 
or political subdivision--
            (1) has entered into a written agreement described in 
        section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
        1357(g)) under which certain officers or employees of the State 
        or subdivision may be authorized to perform certain functions 
        of an immigration officer; and
            (2) desires such officers or employees to receive training 
        from the Department of Homeland Security in relation to such 
        functions.
    (d) Expenses.--The expenses described in this subsection are actual 
and necessary expenses incurred by the State or political subdivision 
in order to permit the training described in subsection (c)(2) to take 
place, including expenses such as the following:
            (1) Costs of travel and transportation to locations where 
        training is provided, including mileage and related allowances 
        for the use of a privately owned automobile.
            (2) Subsistence consisting of lodging, meals, and other 
        necessary expenses for the personal sustenance and comfort of a 
        person required to travel away from the person's regular post 
        of duty in order to participate in the training.
            (3) A per diem allowance paid instead of actual expenses 
        for subsistence and fees or tips to porters and stewards.
            (4) Costs of securing temporary replacements for personnel 
        traveling to, and participating in, the training.

     TITLE II--TERRORISM PREVENTION, INFORMATION SHARING, AND RISK 
                               ASSESSMENT

                    Subtitle A--Terrorism Prevention

SEC. 201. CONSOLIDATED BACKGROUND CHECK PROCESS.

    (a) Requirement.--The Secretary of Homeland Security, in 
consultation with the Attorney General, shall establish a single 
process for conducting the security screening and background checks on 
individuals participating in any of the programs identified under 
subsection (b).
    (b) Included Programs.--The process established under subsection 
(a) shall apply to the following programs:
            (1) The Transportation Worker Identification Credential.
            (2) The security risk determination and related background 
        checks under section 5103a of title 49, United States Code, 
        performed by the Transportation Security Administration as part 
        of the Department of Transportation Hazardous Materials 
        Endorsement credentialing program.
            (3) The Free and Secure Trade program.
            (4) The NEXUS and SENTRI border crossing programs.
            (5) The Registered Traveler program of the Transportation 
        Security Administration.
    (c) Features of Process.--The process established under subsection 
(a) shall include the following:
            (1) A single submission of security screening information, 
        including personal data and biometric information as 
        appropriate, necessary to meet the security requirements of all 
        applicable departmental programs.
            (2) An ability to submit such security screening 
        information at any location or through any process approved by 
        the Secretary with respect to any of the applicable 
        departmental programs.
            (3) Acceptance by the Department of a security clearance or 
        other credential issued by a Federal agency, to the extent that 
        the security clearance process of the agency satisfies 
        requirements that are at least as stringent as those of the 
        applicable departmental programs under subsection (b).
            (4) Appropriate standards and procedures for protecting 
        individual privacy, confidentiality, record retention, and 
        addressing other concerns relating to information security.
    (d) Deadlines.--The Secretary of Homeland Security shall--
            (1) submit a description of the process developed under 
        subsection (a) to the appropriate congressional committees (as 
        defined in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101)) by not later than 6 months after the date of the 
        enactment of this Act; and
            (2) begin implementing such process by not later than 12 
        months after the date of the enactment of this Act.
    (e) Inclusion of Other Programs.--The Secretary of Homeland 
Security shall review other existing or developing Department of 
Homeland Security programs that include security screening or 
background checks for participating individuals, and report to the 
appropriate congressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)) any recommendations for 
inclusion of such additional programs in the consolidated screening 
process established under this section.
    (f) Relationship to Other Laws.--(1) Nothing in this section 
affects any statutory or regulatory requirement relating to the 
operation or standards of the programs described in subsection (b).
    (2) Nothing in this section affects any statutory requirement 
relating to title III of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 435b et seq.).

    Subtitle B--Homeland Security Information Sharing and Analysis 
                              Enhancement

SEC. 211. SHORT TITLE.

    This subtitle may be cited as the ``Homeland Security Information 
Sharing and Analysis Enhancement Act of 2005''.

SEC. 212. PROVISION OF TERRORISM-RELATED INFORMATION TO PRIVATE SECTOR 
              OFFICIALS.

    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:
            ``(20) To require, in consultation with the Assistant 
        Secretary for Infrastructure Protection, the creation and 
        routine dissemination of analytic reports and products designed 
        to provide timely and accurate information that has specific 
        relevance to each of the Nation's private critical 
        infrastructure sectors (as identified in the national 
        infrastructure protection plan issued under paragraph (5)), to 
        private sector officials in each such sector who are 
        responsible for protecting institutions within that sector from 
        potential acts of terrorism and for mitigating the potential 
        consequences of any such act.''.

SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BIOLOGICAL AGENTS AND 
              NUCLEAR WEAPONS.

    Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)) is further amended by adding at the end the following:
            ``(21) To ensure sufficient analytic expertise within the 
        Office of Information Analysis to create, on an ongoing basis, 
        products based on the analysis of homeland security 
        information, as defined in section 892(f)(1), with specific 
        reference to the threat of terrorism involving the use of 
        nuclear weapons and biological agents to inflict mass 
        casualties or other catastrophic consequences on the population 
        or territory of the United States.''.

SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.

    (a) Requirement.--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. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.

    ``The Secretary shall establish within the Department a process and 
assign an individual or entity the responsibility to ensure that, as 
appropriate, elements of the Department conduct alternative analysis 
(commonly referred to as `red-team analysis') of homeland security 
information, as that term is defined in section 892(f)(1), that relates 
to potential acts of terrorism involving the use of nuclear weapons or 
biological agents to inflict mass casualties or other catastrophic 
consequences on the population or territory of the United States.''.
    (b) 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:

``Sec. 203. Alternative analysis of homeland security information.''.

SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND INFRASTRUCTURE 
              PROTECTION FUNCTIONS.

    Section 201(b) of the Homeland Security Act of 2002 (6 U.S.C. 
121(b)) is amended by adding at the end the following:
            ``(4) Assignment of specific functions.--The Under 
        Secretary for Information Analysis and Infrastructure 
        Protection--
                    ``(A) shall assign to the Assistant Secretary for 
                Information Analysis the responsibility for performing 
                the functions described in paragraphs (1), (4), (7) 
                through (14), (16), and (18) of subsection (d);
                    ``(B) shall assign to the Assistant Secretary for 
                Infrastructure Protection the responsibility for 
                performing the functions described in paragraphs (2), 
                (5), and (6) of subsection (d);
                    ``(C) shall assign to the Assistant Secretary for 
                Cybersecurity the primary authority within the 
                Department over the National Cyber Security Division 
                and the National Communications System, and, in 
                coordination with other relevant Federal agencies, the 
                cybersecurity-related aspects of paragraphs (2), (3), 
                (5), (6), (15), and (17) of subsection (d);
                    ``(D) shall ensure that the Assistant Secretary for 
                Information Analysis and the Assistant Secretary for 
                Infrastructure Protection both perform the functions 
                described in paragraphs (3), (15), and (17) of 
                subsection (d); and
                    ``(E) may assign to each such Assistant Secretary 
                such other duties relating to such responsibilities as 
                the Under Secretary may provide.''.

SEC. 216. COORDINATION OF HOMELAND SECURITY THREAT ANALYSIS PROVIDED TO 
              NON-FEDERAL OFFICIALS.

    (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. COORDINATION OF HOMELAND SECURITY THREAT ANALYSIS PROVIDED 
              TO NON-FEDERAL OFFICIALS.

    ``(a) Primary Authority.--Except as provided in subsection (b), the 
Secretary shall be responsible for coordinating all homeland security 
threat analysis to be provided to State and local government and tribal 
officials and the private sector.
    ``(b) Coordination Required.--No Federal official may disseminate 
any homeland security threat analysis to State, local, tribal, or 
private sector officials without the coordination of the Secretary or 
the Secretary's designee except--
            ``(1) in exigent circumstances under which it is essential 
        that the homeland security threat analysis be communicated 
        immediately; or
            ``(2) when such homeland security threat analysis is issued 
        to State, local, or tribal law enforcement officials for the 
        purpose of assisting them in any aspect of the administration 
        of criminal justice.
    ``(c) Definition.--(1) As used in this section, the term `homeland 
security threat analysis' means any informational product that is the 
result of evaluating information, regardless of its source, in order 
to--
            ``(A) identify and assess the nature and scope of terrorist 
        threats to the homeland;
            ``(B) detect and identify threats of terrorism against the 
        United States; and
            ``(C) understand such threats in light of actual and 
        potential vulnerabilities of the territory of the United 
        States.
    ``(2) As defined in paragraph (1), the term `homeland security 
threat analysis' does not include--
            ``(A) any information that has not been processed, 
        evaluated, or analyzed;
            ``(B) any information that is evaluated to create any 
        finished analytic product;
            ``(C) facts or summaries of facts;
            ``(D) reports of interviews; or
            ``(E) reports or other documents that merely aggregate or 
        summarize information derived from multiple sources on the same 
        or related topics.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 103 
the following:

``Sec. 104. Coordination of homeland security threat analysis provided 
                            to non-Federal officials.''.

SEC. 217. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS PROGRAM.

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

``SEC. 204. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall establish a 
        fellowship program in accordance with this section for the 
        purpose of bringing State, local, tribal, and private sector 
        officials to participate in the work of the Homeland Security 
        Operations Center in order to become familiar with--
                    ``(A) the mission and capabilities of that Center; 
                and
                    ``(B) the role, programs, products, and personnel 
                of the Office of Information Analysis, the Office of 
                Infrastructure Protection, and other elements of the 
                Department responsible for the integration, analysis, 
                and dissemination of homeland security information, as 
                defined in section 892(f)(1).
            ``(2) Program name.--The program under this section shall 
        be known as the 9/11 Memorial Homeland Security Fellows 
        Program.
    ``(b) Eligibility.--In order to be eligible for selection as a 
fellow under the program, an individual must--
            ``(1) have homeland security-related responsibilities; and
            ``(2) possess an appropriate national security clearance.
    ``(c) Limitations.--The Secretary--
            ``(1) may conduct up to 4 iterations of the program each 
        year, each of which shall be 90 days in duration; and
            ``(2) shall ensure that the number of fellows selected for 
        each iteration does not impede the activities of the Center.
    ``(d) Condition.--As a condition of selecting an individual as a 
fellow under the program, the Secretary shall require that the 
individual's employer agree to continue to pay the individual's salary 
and benefits during the period of the fellowship.
    ``(e) Stipend.--During the period of the fellowship of an 
individual under the program, the Secretary shall, subject to the 
availability of appropriations, provide to the individual a stipend to 
cover the individual's reasonable living expenses during the period of 
the fellowship.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

``Sec. 204. 9/11 Memorial Homeland Security Fellows Program.''.

SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED INFORMATION.

    Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)) is further amended by adding at the end the following:
            ``(22) To ensure that--
                    ``(A) the Assistant Secretary for Information 
                Analysis receives promptly and without request all 
                information obtained by any component of the Department 
                if that information relates, directly or indirectly, to 
                a threat of terrorism involving the potential use of 
                nuclear weapons;
                    ``(B) such information is--
                            ``(i) integrated and analyzed 
                        comprehensively; and
                            ``(ii) disseminated in a timely manner, 
                        including to appropriately cleared Federal, 
                        State, local, tribal, and private sector 
                        officials; and
                    ``(C) such information is used to determine what 
                requests the Department should submit for collection of 
                additional information relating to that threat.''.

SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFORMATION ANALYSIS TO 
              TERRORISM INFORMATION.

    Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)) is further amended by adding at the end the following:
            ``(23) To ensure that the Assistant Secretary for 
        Information Analysis--
                    ``(A) is routinely and without request given prompt 
                access to all terrorism-related information collected 
                by or otherwise in the possession of any component of 
                the Department, including all homeland security 
                information (as that term is defined in section 
                892(f)(1)); and
                    ``(B) to the extent technologically feasible has 
                direct access to all databases of any component of the 
                Department that may contain such information.''.

SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY INFORMATION NETWORK.

    Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)) is further amended by adding at the end the following:
            ``(24) To administer the homeland security information 
        network, including--
                    ``(A) exercising primary responsibility for 
                establishing a secure nationwide real-time homeland 
                security information sharing network for Federal, 
                State, and local government agencies and authorities, 
                tribal officials, the private sector, and other 
                governmental and private entities involved in 
                receiving, analyzing, and distributing information 
                related to threats to homeland security;
                    ``(B) ensuring that the information sharing 
                systems, developed in connection with the network 
                established under subparagraph (A), are utilized and 
                are compatible with, to the greatest extent 
                practicable, Federal, State, and local government, 
                tribal, and private sector antiterrorism systems and 
                protocols that have been or are being developed; and
                    ``(C) ensuring, to the greatest extent possible, 
                that the homeland security information network and 
                information systems are integrated and interoperable 
                with existing private sector technologies.''.

SEC. 221. IAIP PERSONNEL RECRUITMENT.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding after section 9701 the following:
``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 
is primarily responsible for discharging the analytic responsibilities 
specified in section 201(d) of the Homeland Security Act of 2002 (6 
U.S.C. 121(d)) and that--
            ``(1) is within the Directorate for Information Analysis 
        and Infrastructure Protection; and
            ``(2) would be difficult to fill in the absence of such a 
        bonus.
In determining which individuals are to receive bonuses under this 
section, appropriate consideration shall be given to the Directorate's 
critical need for linguists.
    ``(b) Bonus Amount, Form, Etc.--
            ``(1) In general.--The amount of a bonus under this section 
        shall be determined under regulations issued by the Secretary 
        of Homeland Security, with the concurrence of the Director of 
        National Intelligence, but may not exceed 50 percent of the 
        annual rate of basic pay of the position involved. The Director 
        of National Intelligence shall concur in such regulations only 
        if the amount of the bonus is not disproportionate to 
        recruitment bonuses offered to intelligence analysts in other 
        intelligence community agencies.
            ``(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 any such 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 under 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, 2008.
``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 Directorate for Information Analysis and 
Infrastructure Protection of 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) Termination.--The exclusion pursuant to this section of the 
Directorate for Information Analysis and Infrastructure Protection from 
the reemployed annuitant provisions of chapters 83 and 84 shall 
terminate 3 years after the date of the enactment of this section, 
unless extended by the Secretary of Homeland Security. Any such 
extension shall be for a period of 1 year and shall be renewable.
    ``(c) Annuitant Defined.--For purposes of this section, the term 
`annuitant' has the meaning given such term under section 8331 or 8401, 
whichever is appropriate.
``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. 222. HOMELAND SECURITY INFORMATION REQUIREMENTS.

    (a) Homeland Security Information Requirements.--The Joint 
Intelligence Community Council shall advise the Director of National 
Intelligence with respect to homeland security intelligence 
requirements.
    (b) Designation of Members.--The President may designate officers 
of the United States Government in addition to the members named in or 
designated under section 101A(b) of the National Security Act to serve 
on the Joint Intelligence Community Council in a capacity limited to 
consideration of homeland security intelligence requirements.
    (c) Participation in National Intelligence Collection Requirements 
and Management Processes.--The Secretary shall be a member of any 
Director of National Intelligence-established interagency collection 
and requirements management board that develops and reviews national 
intelligence collection requirements in response to Presidential 
intelligence guidelines.

SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 is further amended--
            (1) in section 201(d)(7) (6 U.S.C. 121(d)(7)) by inserting 
        ``under section 205'' after ``System''; and
            (2) by adding at the end the following:

``SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) Requirement.--The Under Secretary for Information Analysis 
and Infrastructure Protection shall implement a Homeland Security 
Advisory System in accordance with this section to provide public 
advisories and alerts regarding threats to homeland security, including 
national, regional, local, and economic sector advisories and alerts, 
as appropriate.
    ``(b) Required Elements.--The Under Secretary, under the System--
            ``(1) shall include, in each advisory and alert regarding a 
        threat, information on appropriate protective measures and 
        countermeasures that may be taken in response to the threat;
            ``(2) shall, whenever possible, limit the scope of each 
        advisory and alert to a specific region, locality, or economic 
        sector believed to be at risk; and
            ``(3) shall not, in issuing any advisory or alert, use 
        color designations as the exclusive means of specifying the 
        homeland security threat conditions that are the subject of the 
        advisory or alert.
    ``(c) Consultation.--In carrying out this section, the Under 
Secretary shall consult with the Homeland Security Center of Excellence 
for Behavioral and Social Research on Terrorism and Counter-Terrorism 
and with such other academic research centers with expertise in risk 
communications as the Under Secretary considers appropriate.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to subtitle A of title II the following:

``Sec. 205. Homeland Security Advisory System.''.

SEC. 224. USE OF OPEN-SOURCE INFORMATION.

    Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)) is further amended by adding at the end the following:
            ``(25) To ensure that, whenever possible--
                    ``(A) the Assistant Secretary for Information 
                Analysis utilizes open-source information and produces 
                reports and analytic products based on such information 
                that do not require a national security classification 
                under applicable law; and
                    ``(B) such unclassified open-source reports are 
                produced, to the extent consistent with the protection 
                of intelligence sources and methods from unauthorized 
                disclosure, contemporaneously with reports or analytic 
                products concerning the same or similar information 
                that the Assistant Secretary for Information Analysis 
                produces in a classified format.''.

SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION.

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

``SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION.

    ``The Under Secretary shall ensure that, in meeting their analytic 
responsibilities under section 201(d) and in formulating requirements 
for collection of additional information, the Assistant Secretary for 
Information Analysis and the Assistant Secretary for Infrastructure 
Protection make full and efficient use of open-source information 
wherever possible.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 205 the following:

``Sec. 206. Full and efficient use of open-source information.''.

SEC. 226. COORDINATION WITH THE INTELLIGENCE COMMUNITY.

    Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is 
amended by adding at the end the following:
    ``(h) Coordination With the Intelligence Community.--The Under 
Secretary shall ensure that, as to the responsibilities specified in 
subsection (d), the Assistant Secretary for Information Analysis serves 
as the official responsible for coordinating, as appropriate, with 
elements of the intelligence community.''.

SEC. 227. CONSISTENCY WITH APPLICABLE FEDERAL LAWS.

    Unless otherwise expressly stated in this subtitle, the Secretary 
of Homeland Security shall ensure that all activities carried out under 
this subtitle are consistent with any applicable Federal laws relating 
to information policy of Federal agencies.

            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.

    (a) In General.--Section 430(c) of the Homeland Security Act of 
2002 (6 U.S.C. 238) is amended by striking ``and'' after the semicolon 
at the end of paragraph (8), by striking the period at the end of 
paragraph (9) and inserting ``; and'', and by adding at the end the 
following:
            ``(10) designing, developing, performing, and evaluating 
        exercises at the national, State, territorial, regional, local, 
        and tribal levels of government that incorporate government 
        officials, emergency response providers, public safety 
        agencies, the private sector, international governments and 
        organizations, and other appropriate entities to test the 
        Nation's capability to prevent, prepare for, respond to, and 
        recover from threatened or actual acts of terrorism.''.
    (b) National Terrorism Exercise Program.--
            (1) Establishment of program.--Title VIII of the Homeland 
        Security Act of 2002 (Public Law 107-296) is amended by adding 
        at the end the following new subtitle:

             ``Subtitle J--Terrorism Preparedness Exercises

``SEC. 899A. NATIONAL TERRORISM EXERCISE PROGRAM.

    ``(a) In General.--The Secretary, through the Office for Domestic 
Preparedness, shall establish a National Terrorism Exercise Program for 
the purpose of testing and evaluating the Nation's capabilities to 
prevent, prepare for, respond to, and recover from threatened or actual 
acts of terrorism that--
            ``(1) enhances coordination for terrorism preparedness 
        between all levels of government, emergency response providers, 
        international governments and organizations, and the private 
        sector;
            ``(2) is--
                    ``(A) multidisciplinary in nature, including, as 
                appropriate, information analysis and cybersecurity 
                components;
                    ``(B) as realistic as practicable and based on 
                current risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                    ``(C) carried out with the minimum degree of notice 
                to involved parties regarding the timing and details of 
                such exercises, consistent with safety considerations;
                    ``(D) evaluated against performance measures and 
                followed by corrective action to solve identified 
                deficiencies; and
                    ``(E) assessed to learn best practices, which shall 
                be shared with appropriate Federal, State, territorial, 
                regional, local, and tribal personnel, authorities, and 
                training institutions for emergency response providers; 
                and
            ``(3) assists State, territorial, local, and tribal 
        governments with the design, implementation, and evaluation of 
        exercises that--
                    ``(A) conform to the requirements of paragraph (2); 
                and
                    ``(B) are consistent with any applicable State 
                homeland security strategy or plan.
    ``(b) National Level Exercises.--The Secretary, through the 
National Terrorism Exercise Program, shall perform on a periodic basis 
national terrorism preparedness exercises for the purposes of--
            ``(1) involving top officials from Federal, State, 
        territorial, local, tribal, and international governments, as 
        the Secretary considers appropriate;
            ``(2) testing and evaluating, in coordination with the 
        Attorney General, the Nation's capability to detect, disrupt, 
        and prevent threatened or actual catastrophic acts of 
        terrorism, especially those involving weapons of mass 
        destruction; and
            ``(3) testing and evaluating the Nation's readiness to 
        respond to and recover from catastrophic acts of terrorism, 
        especially those involving weapons of mass destruction.
    ``(c) Consultation With First Responders.--In implementing the 
responsibilities described in subsections (a) and (b), the Secretary 
shall consult with a geographic (including urban and rural) and 
substantive cross section of governmental and nongovernmental first 
responder disciplines, including as appropriate--
            ``(1) Federal, State, and local first responder training 
        institutions;
            ``(2) representatives of emergency response providers; and
            ``(3) State and local officials with an expertise in 
        terrorism preparedness.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to title VIII the following:

             ``Subtitle J--Terrorism Preparedness Exercises

``Sec. 899a. National terrorism exercise program.''.
    (c) TOPOFF Prevention Exercise.--No later than one year after the 
date of enactment of this Act, the Secretary of Homeland Security shall 
design and carry out a national terrorism prevention exercise for the 
purposes of--
            (1) involving top officials from Federal, State, 
        territorial, local, tribal, and international governments as 
        the Secretary considers appropriate; and
            (2) testing and evaluating, in coordination with the 
        Attorney General, the Nation's capability to detect, disrupt, 
        and prevent threatened or actual catastrophic acts of 
        terrorism, especially those involving weapons of mass 
        destruction.

SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER.

    (a) Establishment of Technology Clearinghouse.--Not later than 90 
days after the date of enactment of this Act, the Secretary shall 
complete the establishment of the Technology Clearinghouse under 
section 313 of the Homeland Security Act of 2002.
    (b) Transfer Program.--Section 313 of the Homeland Security Act of 
2002 (6 U.S.C. 193) is amended--
            (1) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(6) The establishment of a homeland security technology 
        transfer program to facilitate the identification, 
        modification, and commercialization of technology and equipment 
        for use by Federal, State, and local governmental agencies, 
        emergency response providers, and the private sector to 
        prevent, prepare for, or respond to acts of terrorism.'';
            (2) by redesignating subsection (c) as subsection (e); and
            (3) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Elements of the Technology Transfer Program.--The activities 
of the program described in subsection (b)(6) shall include--
            ``(1) identifying available technologies that have been, or 
        are in the process of being, developed, tested, evaluated, or 
        demonstrated by the Department, other Federal agencies, the 
        private sector, or foreign governments and international 
        organizations, and reviewing whether such technologies 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; and
            ``(2) communicating to Federal, State, and local 
        governmental agencies, emergency response providers, or the 
        private sector the availability of such technologies for 
        antiterrorism use, as well as the technology's specifications, 
        satisfaction of appropriate standards, and the appropriate 
        grants available from the Department to purchase such 
        technologies;
    ``(d) Responsibilties of Under Secretary for Science and 
Technology.--In support of the activities described in subsection (c), 
the Under Secretary for Science and Technology shall--
            ``(1) conduct or support, based on the Department's current 
        risk assessments of terrorist threats, research, development, 
        demonstrations, tests, and evaluations, as appropriate, of 
        technologies identified under subparagraph (c)(1), including of 
        any necessary modifications to such technologies for 
        antiterrorism use;
            ``(2) ensure that the technology transfer activities 
        throughout the Directorate of Science and Technology are 
        coordinated, including the technology transfer aspects of 
        projects and grants awarded to the private sector and academia;
            ``(3) consult with the other Under Secretaries of the 
        Department and the Director of the Office for Domestic 
        Preparedness, on an ongoing basis;
            ``(4) consult with Federal, State, and local emergency 
        response providers;
            ``(5) consult with government agencies and standards 
        development organizations as appropriate;
            ``(6) enter into agreements and coordinate with other 
        Federal agencies, foreign governments, and national and 
        international organizations as the Secretary determines 
        appropriate, in order to maximize the effectiveness of such 
        technologies or to facilitate commercialization of such 
        technologies;
            ``(7) consult with existing technology transfer programs 
        and Federal and State training centers that research, develop, 
        test, evaluate, and transfer military and other technologies 
        for use by emergency response providers; and
            ``(8) establish a working group in coordination with the 
        Secretary of Defense to advise and assist the technology 
        clearinghouse in the identification of military technologies 
        that are in the process of being developed, or are developed, 
        by the Department of Defense or the private sector, which may 
        include--
                    ``(A) representatives from the Department of 
                Defense or retired military officers;
                    ``(B) nongovernmental organizations or private 
                companies that are engaged in the research, 
                development, testing, or evaluation of related 
                technologies or that have demonstrated prior experience 
                and success in searching for and identifying 
                technologies for Federal agencies;
                    ``(C) Federal, State, and local emergency response 
                providers; and
                    ``(D) to the extent the Secretary considers 
                appropriate, other organizations, other interested 
                Federal, State, and local agencies, and other 
                interested persons.''.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Under Secretary for Science and Technology shall transmit 
to the appropriate congressional committees 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.
    (d) 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.

SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS.

    (a) Study.--The Secretary of Homeland Security shall conduct a 
study of all Department of Homeland Security procurements, including 
ongoing procurements and anticipated procurements, to--
            (1) identify those that involve any product, equipment, 
        service (including support services), device, or technology 
        (including information technology) that is being designed, 
        developed, modified, or procured for the specific purpose of 
        preventing, detecting, identifying, or deterring acts of 
        terrorism or limiting the harm such acts might otherwise cause; 
        and
            (2) assess whether such product, equipment, service 
        (including support services), device, or technology is an 
        appropriate candidate for the litigation and risk management 
        protections of subtitle G of title VIII of the Homeland 
        Security Act of 2002.
    (b) Summary and Classification Report.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall transmit 
to the Congress a report--
            (1) describing each product, equipment, service (including 
        support services), device, and technology identified under 
        subsection (a) that the Secretary believes would be an 
        appropriate candidate for the litigation and risk management 
        protections of subtitle G of title VIII of the Homeland 
        Security Act of 2002;
            (2) listing each such product, equipment, service 
        (including support services), device, and technology in order 
        of priority for deployment in accordance with current terrorism 
        risk assessment information; and
            (3) setting forth specific actions taken, or to be taken, 
        to encourage or require persons or entities that sell or 
        otherwise provide such products, equipment, services (including 
        support services), devices, and technologies to apply for the 
        litigation and risk management protections of subtitle G of 
        title VIII of the Homeland Security Act of 2002, and to ensure 
        prioritization of the Department's review of such products, 
        equipment, services, devices, and technologies under such Act 
        in accordance with the prioritization set forth in paragraph 
        (2) of this subsection.

SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY.

    The Secretary of Homeland Security shall establish a university-
based Center of Excellence for Border Security following the merit-
review processes and procedures and other limitations that have been 
established for selecting and supporting University Programs Centers of 
Excellence. The Center shall prioritize its activities on the basis of 
risk to address the most significant threats, vulnerabilities, and 
consequences posed by the Nation's borders and border control systems. 
The activities should include the conduct of research, the examination 
of existing and emerging border security technology and systems, and 
the provision of education, technical, and analytical assistance for 
the Department of Homeland Security to effectively secure the Nation's 
borders.

SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER SECURITY INITIATIVE 
              (CSI).

    (a) Designation of New Foreign Seaports.--The Secretary of Homeland 
Security may designate a foreign seaport as a participating seaport in 
the Container Security Initiative program on or after the date of the 
enactment of this Act if the Secretary--
            (1) determines, based on a foreign port assessment carried 
        out under section 70108(a) of title 46, United States Code, or 
        such other risk assessment that the Secretary may perform, and 
        a cost-benefit analysis, that the benefits of designating such 
        seaport as a participating seaport outweigh the cost of 
        expanding the program to such seaport; and
            (2) enters into an agreement with the foreign government of 
        such seaport, in consultation with the Department of State and 
        other appropriate Federal agencies to--
                    (A) establish security criteria to identify the 
                potential compromise by terrorists or terrorist weapons 
                of maritime cargo containers bound for the United 
                States based on advance information; and
                    (B) screen or inspect such maritime cargo 
                containers for potential compromise by terrorists or 
                terrorist weapons prior to shipment to the United 
                States.
    (b) Deployment of Inspection Equipment to New Csi Participating 
Seaports.--
            (1) Deployment.--The Secretary may--
                    (A) loan or otherwise provide nonintrusive 
                inspection equipment for maritime cargo containers, on 
                a nonreimbursable basis, at a seaport designated under 
                subsection(a); and
                    (B) provide training for personnel at a seaport 
                designated under subsection (a) to operate the 
                nonintrusive inspection equipment.
            (2) Additional requirements.--
                    (A) Capability requirements and operating 
                procedures.--The Secretary shall establish technical 
                capability requirements and standard operating 
                procedures for nonintrusive inspection equipment 
                described in paragraph (1), consistent with any 
                standards established by the Secretary under section 
                70116 of title 46 United States Code.
                    (B) Agreement required.--The Secretary shall 
                require each CSI port to agree to operate such 
                equipment in accordance with requirements and 
                procedures established under subparagraph (A) as a 
                condition for receiving the equipment and training 
                under paragraph (1).
    (c) Deployment of Personnel to New Csi Ports; Reevaluation of 
Personnel at All Csi Ports.--
            (1) Deployment.--The Secretary shall deploy United States 
        Customs and Border Protection personnel to each seaport 
        designated under subsection (a) with respect to which the 
        Secretary determines that the deployment is necessary to 
        successfully implement the requirements of CSI at the port.
            (2) Reevaluation.--The Secretary shall periodically review 
        relevant risk assessment information with respect to each 
        seaport at which personnel are deployed under paragraph (1) to 
        assess whether or not continued deployment of such personnel, 
        in whole or in part, is necessary to success fully implement 
        the requirements of CSI at the port.
    (d) Inspection and Screening at United States Ports of Entry.--
Cargo containers arriving at a United States port of entry from a CSI 
port shall undergo the same level of inspection and screening for 
potential compromise by terrorists or terrorist weapons as cargo 
containers arriving at a United States port of entry from a foreign 
seaport that is not participating in CSI unless the containers were 
initially inspected at the CSI port at the request of personnel 
deployed under subsection (c) and such personnel verify and 
electronically record that the inspection indicates that the containers 
have not been compromised by terrorists or terrorist weapons.

SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.

    (a) Standards and Regulations.--
            (1) Standards.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall establish standards and procedures for securing maritime 
        cargo containers relating to obligation to seal, recording of 
        seal changes, modal changes, seal placement, ocean carrier seal 
        verification, and addressing seal anomalies. These standards 
        shall include the standards for seals and locks as required 
        under paragraph (3) of subsection (b) of section 70116 of title 
        46, United States Code.
            (2) Regulations.--No later than 90 days after completion of 
        the requirements in subsection (a), the Secretary of Homeland 
        Security shall issue regulations for the security of maritime 
        cargo containers consistent with the standards developed in 
        subsection (a).
    (b) International Agreements.--The Secretary, in consultation with 
the Department of State, Department of Commerce, Department of 
Treasury, Office of the United States Trade Representative, and other 
appropriate Federal agencies, shall seek to enter into agreements with 
foreign countries and international organizations to establish 
standards for the security of maritime cargo containers moving within 
the intermodal transportation system that, to the maximum extent 
practicable, meet the requirements of subsection (a).
    (c) Container Targeting Strategy.--The Secretary shall develop a 
strategy to improve the ability of the Department of Homeland Security 
to use advance cargo information to identify anomalies in such 
information to determine whether such cargo poses a security risk. The 
strategy shall include a method of contacting shippers to verify or 
explain any anomalies discovered in such information.
    (d) Container Security Demonstration Program.--
            (1) Program.--The Secretary is authorized to establish and 
        carry out a demonstration program that integrates radiation 
        detection equipment with other types of nonintrusive inspection 
        equipment at an appropriate United States seaport, as 
        determined by the Secretary.
            (2) Requirement.--The demonstration program shall also 
        evaluate ways to strengthen the capability of Department of 
        Homeland Security personnel to analyze cargo inspection data 
        and ways to improve the transmission of inspection data between 
        appropriate entities within the Department of Homeland 
        Security.
    (e) Coordination and Consolidation of Container Security 
Programs.--The Secretary shall coordinate all programs that enhance the 
security of maritime cargo, and, to the extent practicable, consolidate 
Operation Safe Commerce, the Smart Box Initiative, and similar programs 
that evaluate security enhancements for maritime cargo containers, to 
achieve enhanced coordination and efficiency. The Secretary shall 
report 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) before consolidating any program mentioned in this subsection.

SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT RONALD REAGAN 
              WASHINGTON NATIONAL AIRPORT.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall implement section 823(a) of the 
Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 41718 
note; 117 Stat. 2595).

SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE.

    (a) Findings.--The Congress finds the following:
            (1) The 9/11 Commission determined that the inability of 
        first responders to communicate effectively on September 11, 
        2001 was a critical obstacle to an effective multi-
        jurisdictional response.
            (2) Many jurisdictions across the country still experience 
        difficulties communicating that may contribute to confusion, 
        delays, or added risks when responding to an emergency.
            (3) During fiscal year 2004, the Office for Domestic 
        Preparedness awarded over $834,000,000 for 2,912 projects 
        through Department of Homeland Security grant programs for the 
        purposes of improving communications interoperability.
            (4) Interoperable communications systems are most effective 
        when designed to comprehensively address, on a regional basis, 
        the communications of all types of public safety agencies, 
        first responder disciplines, and State and local government 
        facilities.
            (5) Achieving communications interoperability is complex 
        due to the extensive training, system modifications, and 
        agreements among the different jurisdictions that are necessary 
        to implement effective communications systems.
            (6) The Congress authorized the Department of Homeland 
        Security to create an Office for Interoperability and 
        Compatibility in the Intelligence Reform and Terrorism 
        Prevention Act of 2004 to, among other things, establish a 
        comprehensive national approach, coordinate federal activities, 
        accelerate the adoption of standards, and encourage research 
        and development to achieve interoperable communications for 
        first responders.
            (7) The Office for Interoperability and Compatibility 
        includes the SAFECOM Program that serves as the umbrella 
        program within the Federal government to improve public safety 
        communications interoperability, and has developed the RAPIDCOM 
        program, the Statewide Communications Interoperability Planning 
        Methodology, and a Statement of Requirements to provide 
        technical, planning, and purchasing assistance for Federal 
        departments and agencies, State and local governments, and 
        first responders.
    (b) Sense of Congress.--It is the sense of the Congress that the 
Department of Homeland Security should implement as expeditiously as 
possible the initiatives assigned to the Office for Interoperability 
and Compatibility under section 7303 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194), including specifically 
the following:
            (1) Establishing a comprehensive national approach to 
        achieving public safety interoperable communications.
            (2) Issuing letters of intent to commit future funds for 
        jurisdictions through existing homeland security grant programs 
        to applicants as appropriate to encourage long-term investments 
        that may significantly improve communications interoperability.
            (3) Providing technical assistance to additional urban and 
        other high-risk areas to support the establishment of 
        consistent, secure, and effective interoperable communications 
        capabilities.
            (4) Completing the report to the Congress on the 
        Department's 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, by no later than 30 days 
        after the date of enactment of this Act.

SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF RECOMMENDATIONS 
              REGARDING PROTECTION OF AGRICULTURE.

    The Secretary of Homeland Security shall report to the appropriate 
congressional committees (as defined in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)) by no later than 120 days after 
the date of the enactment of this Act regarding how the Department of 
Homeland Security will implement the applicable recommendations from 
the Government Accountability Office report entitled ``Homeland 
Security: Much is Being Done to Protect Agriculture from a Terrorist 
Attack, but Important Challenges Remain'' (GAO-05-214).

SEC. 310. COMMERCIAL FLIGHTS TO AND FROM RONALD REAGAN WASHINGTON 
              NATIONAL AIRPORT.

    (a) Passenger Seating Requirements.--Passengers on commercial 
flights arriving at and departing from Ronald Reagan Washington 
National Airport shall remain seated for 15 minutes after takeoff from 
and before touchdown at that airport.
    (b) Violations.--If a passenger violates the requirements of 
subsection (a), the captain of the aircraft shall determine if the 
passenger's actions present a security threat to other passengers or 
the aircraft. Only if the captain determines that the passenger's 
actions present such a threat shall a flight be diverted to a 
destination other than Ronald Reagan Washington National Airport.
    (c) Regulations.--Notwithstanding subsection (a), the Secretary of 
Homeland Security may issue regulations to decrease the time limit set 
forth in subsection (a).

SEC. 310A. FEDERAL FLIGHT DECK OFFICERS.

    (a) Training and Requalification Training.--Section 44921(c) of 
title 49, United States Code, is amended by adding at the end the 
following:
            ``(3) Location of training.--
                    ``(A) Study.--The Secretary shall conduct a study 
                of the feasibility of conducting Federal flight deck 
                officer initial training at facilities located 
                throughout the United States, including an analysis of 
                any associated programmatic impacts to the Federal 
                flight deck officer program.
                    ``(B) Report.--Not later than 180 days after the 
                date of enactment of this paragraph, the Secretary 
                shall transmit to Congress a report on the results of 
                the study.
            ``(4) Dates of training.--The Secretary shall ensure that a 
        pilot who is eligible to receive Federal flight deck officer 
        training is offered, to the maximum extent practicable, a 
        choice of training dates and is provided at least 30 days 
        advance notice of the dates.
            ``(5) Travel to training facilities.--The Secretary shall 
        establish a program to improve travel access to Federal flight 
        deck officer training facilities through the use of charter 
        flights or improved scheduled air carrier service.
            ``(6) Requalification and recurrent training.--
                    ``(A) Standards.--The Secretary shall establish 
                qualification standards for facilities where Federal 
                flight deck officers can receive requalification and 
                recurrent training.
                    ``(B) Locations.--The Secretary shall provide for 
                requalification and recurrent training at 
                geographically diverse facilities, including Federal, 
                State, and local law enforcement and government 
                facilities, and private training facilities that meet 
                the qualification standards established under 
                subparagraph (A).
            ``(7) Costs of training.--
                    ``(A) In general.--The Secretary shall provide 
                Federal flight deck officer training, requalification 
                training, and recurrent training to eligible pilots at 
                no cost to the pilots or the air carriers that employ 
                the pilots.
                    ``(B) Transportation and expenses.--The Secretary 
                may provide travel expenses to a pilot receiving 
                Federal flight deck officer training, requalification 
                training, or recurrent training.
            ``(8) Communications.--Not later than 180 days after the 
        date of enactment of this paragraph, the Secretary shall 
        establish a secure means for personnel of the Transportation 
        Security Administration to communicate with Federal flight deck 
        officers, and for Federal flight deck officers to communicate 
        with each other, in support of the mission of such officers. 
        Such means of communication may include a secure Internet 
        website.
            ``(9) Issuance of badges.--Not later than 180 days after 
        the date of enactment of this paragraph, the Secretary shall 
        issue badges to Federal flight deck officers.''.
    (b) Revocation of Deputization of Pilot as Federal Flight Deck 
Officer.--Section 44921(d)(4) of title 49, United States Code, is 
amended to read as follows:
            ``(4) Revocation.--
                    ``(A) Orders.--The Assistant Secretary of Homeland 
                Security (Transportation Security Administration) may 
                issue, for good cause, an order revoking the 
                deputization of a Federal flight deck officer under 
                this section. The order shall include the specific 
                reasons for the revocation.
                    ``(B) Hearings.--An individual who is adversely 
                affected by an order of the Assistant Secretary under 
                subparagraph (A) is entitled to a hearing on the 
                record. When conducting a hearing under this section, 
                the administrative law judge shall not be bound by 
                findings of fact or interpretations of laws and 
                regulations of the Assistant Secretary.
                    ``(C) Appeals.--An appeal from a decision of an 
                administrative law judge as a result of a hearing under 
                subparagraph (B) shall be made to the Secretary or the 
                Secretary's designee.
                    ``(D) Judicial review of a final order.--The 
                determination and order of the Secretary revoking the 
                deputization of a Federal flight deck officer under 
                this section shall be final and conclusive unless the 
                individual against whom such an order is issued files 
                an application for judicial review under subchapter II 
                of chapter 5 of title 5 (popularly known as the 
                Administrative Procedure Act) within 60 days of entry 
                of such order in the appropriate United States court of 
                appeals.''.
    (c) Federal Flight Deck Officer Firearm Carriage Pilot Program.--
Section 44921(f) of title 49, United States Code, is amended by adding 
at the end the following:
            ``(4) Pilot program.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this paragraph, the Secretary 
                shall implement a pilot program to allow pilots 
                participating in the Federal flight deck officer 
                program to transport their firearms on their persons. 
                The Secretary may prescribe any training, equipment, or 
                procedures that the Secretary determines necessary to 
                ensure safety and maximize weapon retention.
                    ``(B) Review.--Not later than 1 year after the date 
                of initiation of the pilot program, the Secretary shall 
                conduct a review of the safety record of the pilot 
                program and transmit a report on the results of the 
                review to Congress.
                    ``(C) Option.--If the Secretary as part of the 
                review under subparagraph (B) determines that the 
                safety level obtained under the pilot program is 
                comparable to the safety level determined under 
                existing methods of pilots carrying firearms on 
                aircraft, the Secretary shall allow all pilots 
                participating in the Federal flight deck officer 
                program the option of carrying their firearm on their 
                person subject to such requirements as the Secretary 
                determines appropriate.''.
    (d) Federal Flight Deck Officers on International Flights.--
            (1) Agreements with foreign governments.--The President is 
        encouraged to pursue aggressively agreements with foreign 
        governments to allow maximum deployment of Federal flight deck 
        officers on international flights.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the President (or the President's 
        designee) shall submit to Congress a report on the status of 
        the President's efforts to allow maximum deployment of Federal 
        flight deck officers on international flights.
    (e) References to Under Secretary.--Section 44921 of title 49, 
United States Code, is amended--
            (1) in subsection (a) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Secretary of 
        Homeland Security'';
            (2) by striking ``Under Secretary'' each place it appears 
        and inserting ``Secretary''; and
            (3) by striking ``Under Secretary's'' each place it appears 
        and inserting ``Secretary's''.

 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``Department of Homeland Security 
Cybersecurity Enhancement Act of 2005''.

SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY.

    Section 201(b) of the Homeland Security Act of 2002 (6 U.S.C. 
121(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Assistant secretary for cybersecurity.--There shall 
        be in the Department an Assistant Secretary for Cybersecurity, 
        who shall be appointed by the President.''; and
            (3) in paragraph (4), as redesignated by subparagraph (A) 
        of this paragraph--
                    (A) by striking ``Analysis and the'' and inserting 
                ``Analysis, the''; and
                    (B) by striking ``Protection shall'' and inserting 
                ``Protection, and the Assistant Secretary for 
                Cybersecurity shall''.

SEC. 313. 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.--Of the amount authorized 
under section 101, there is authorized to be appropriated to the 
Secretary for carrying out this section $3,700,000 for fiscal year 
2006.
    (e) Definitions.--In this section, the term ``institution of higher 
education'' has the meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)).

SEC. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT.

    Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et. 
seq.) is amended by adding at the end the following new section:

``SEC. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall support research and development, including fundamental, long-
term research, in cybersecurity to improve the ability of the United 
States to prevent, protect against, detect, respond to, and recover 
from cyber attacks, with emphasis on research and development relevant 
to large-scale, high-impact attacks.
    ``(b) Activities.--The research and development supported under 
subsection (a), shall include work to--
            ``(1) advance the development and accelerate the deployment 
        of more secure versions of fundamental Internet protocols and 
        architectures, including for the domain name system and routing 
        protocols;
            ``(2) improve and create technologies for detecting attacks 
        or intrusions, including monitoring technologies;
            ``(3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of attacks 
        and development of resilient networks and systems that degrade 
        gracefully; and
            ``(4) develop and support infrastructure and tools to 
        support cybersecurity research and development efforts, 
        including modeling, testbeds, and data sets for assessment of 
        new cybersecurity technologies.
    ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate activities with--
            ``(1) the Assistant Secretary for Cybersecurity; and
            ``(2) other Federal agencies, including the National 
        Science Foundation, the Defense Advanced Research Projects 
        Agency, the Information Assurance Directorate of the National 
        Security Agency, and the National Institute of Standards and 
        Technology, to identify unmet needs and cooperatively support 
        activities, as appropriate.
    ``(d) Nature of Research.--Activities under this section shall be 
carried out in accordance with section 306(a) of this Act.''.

         Subtitle C--Security of Public Transportation Systems

SEC. 321. SECURITY BEST PRACTICES.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Homeland Security, in coordination with the 
Secretary of Transportation, shall issue a report containing best 
practices for the security of public transportation systems related to 
the threats from terrorism. Such report shall be developed in 
consultation with providers of public transportation, industry 
associations, public transportation employee representatives, first 
responders, and appropriate Federal, State, and local officials. The 
Secretary of Transportation shall disseminate the report to providers 
of public transportation, industry associations, public transportation 
employee representatives, and appropriate Federal, State, and local 
officials, the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
any other appropriate entities.

SEC. 322. PUBLIC AWARENESS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Transportation, after consultation with the Secretary 
of Homeland Security, shall develop a national plan to increase 
awareness of measures that the general public, public transportation 
passengers, and public transportation employees can take to increase 
public transportation security related to the threat of terrorism. Such 
plan shall also provide outreach to providers and employees of public 
transportation systems on available transportation security 
technologies, ongoing research and development efforts, employee 
training, and available Federal funding sources to improve public 
transportation security. Not later than 9 months after the date of the 
enactment of this Act, the Secretary of Transportation shall 
disseminate the plan to providers of public transportation, industry 
associations, public transportation employee representatives, 
appropriate Federal, State, and local officials, and other appropriate 
entities.

           Subtitle D--Critical Infrastructure Prioritization

SEC. 331. CRITICAL INFRASTRUCTURE.

    (a) Completion of Prioritization.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall complete the prioritization of the Nation's critical 
infrastructure according to all of the following criteria:
            (1) The threat of terrorist attack, based on threat 
        information received and analyzed by the Office of Information 
        Analysis of the Department regarding the intentions and 
        capabilities of terrorist groups and other potential threats to 
        the Nation's critical infrastructure.
            (2) The likelihood that an attack would cause the 
        destruction or significant disruption of such infrastructure.
            (3) The likelihood that an attack would result in 
        substantial numbers of deaths and serious bodily injuries, a 
        substantial adverse impact on the national economy, or a 
        substantial adverse impact on national security.
    (b) Coordination and Cooperation.--
            (1) Coordination.--The Secretary shall coordinate the 
        prioritization under this section with other relevant Federal 
        agencies.
            (2) Cooperation.--Such prioritization shall be developed in 
        cooperation with other relevant State, local, and tribal 
        governments, and the private sector, as appropriate.

SEC. 332. SECURITY REVIEW.

    (a) Requirement.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall--
            (1) review existing Federal, State, local, tribal, and 
        private sector plans for securing the critical infrastructure 
        included in the prioritization developed under section 331;
            (2) recommend changes to existing plans for securing such 
        infrastructure, as the Secretary determines necessary; and
            (3) coordinate and contribute to protective efforts of 
        other Federal, State, local, and tribal agencies and the 
        private sector, as appropriate.
    (b) Contents of Plans.--The recommendations made under subsection 
(a)(2) shall include--
            (1) protective measures to secure such infrastructure, 
        including milestones and timeframes for implementation; and
            (2) to the extent practicable, performance metrics to 
        evaluate the benefits to both national security and the 
        Nation's economy from the implementation of such protective 
        measures.
    (c) Coordination.--The Secretary shall coordinate the security 
review and recommendations required by subsection (a) with other 
relevant Federal agencies.

SEC. 333. IMPLEMENTATION REPORT.

    (a) In General.--Not later than 15 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
a report to the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) on the 
implementation of section 332. Such report shall detail--
            (1) the Secretary's review and coordination of security 
        plans under section 332; and
            (2) the Secretary's oversight of the execution and 
        effectiveness of such plans.
    (b) Update.--Not later than 1 year after the submission of the 
report under subsection (a), the Secretary shall provide an update of 
such report to the congressional committees described in subsection 
(a).

SEC. 334. PROTECTION OF INFORMATION.

    (a) Protection of Information.--The information set forth in 
subsection (b) that is generated, compiled, or disseminated by the 
Department of Homeland Security in carrying out this subtitle--
            (1) is exempt from disclosure under section 552 of title 5, 
        United States Code; and
            (2) shall not, if provided by the Department to a State or 
        local government or government agency--
                    (A) be made available pursuant to any State or 
                local law requiring disclosure of information or 
                records;
                    (B) otherwise be disclosed or distributed to any 
                person by such State or local government or government 
                agency without the written consent of the Secretary; or
                    (C) be used other than for the purpose of 
                protecting critical infrastructure or protected 
                systems, or in furtherance of an investigation or the 
                prosecution of a criminal act.
    (b) Information Covered.--Information referred to in subsection (a) 
is the following:
            (1) The Secretary's prioritization of critical 
        infrastructure pursuant to section 331, including any 
        information upon which such prioritization was based;
            (2) the Secretary's review of existing security plans for 
        such infrastructure pursuant to section 332(a)(1).
            (3) The Secretary's recommendations for changes to existing 
        plans for securing such infrastructure pursuant to section 
        332(a)(2).
            (4) The nature and scope of protective efforts with respect 
        to such infrastructure under section 332(a)(3).
            (5) The report and update prepared by the Secretary 
        pursuant to section 333, including any information upon which 
        such report and update are based.

 TITLE IV--U.S. CUSTOMS AND BORDER PROTECTION AND U.S. IMMIGRATION AND 
                          CUSTOMS ENFORCEMENT

SEC. 401. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
              REPORTS.

    Section 334 of the Customs and Border Security Act of 2002 (19 
U.S.C. 2082 note) is amended to read as follows:

``SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
              REPORTS.

    ``(a) Establishment and Implementation; Customs and Border 
Protection.--
            ``(1) In general.--Not later than September 30, 2006, the 
        Commissioner of U.S. Customs and Border Protection shall, in 
        accordance with the audit of the Customs Service's fiscal years 
        2000 and 1999 financial statements (as contained in the report 
        of the Office of Inspector General of the Department of the 
        Treasury issued on February 23, 2001), establish and implement 
        a cost accounting system--
                    ``(A) for expenses incurred in both commercial and 
                noncommercial operations of U.S. Customs and Border 
                Protection of the Department of Homeland Security, 
                which system should specifically identify and 
                distinguish expenses incurred in commercial operations 
                and expenses incurred in noncommercial operations; and
                    ``(B) for expenses incurred both in administering 
                and enforcing the customs laws of the United States and 
                the Federal immigration laws, which system should 
                specifically identify and distinguish expenses incurred 
                in administering and enforcing the customs laws of the 
                United States and the expenses incurred in 
                administering and enforcing the Federal immigration 
                laws.
            ``(2) Additional requirement.--The cost accounting system 
        described in paragraph (1) shall provide for an identification 
        of expenses based on the type of operation, the port at which 
        the operation took place, the amount of time spent on the 
        operation by personnel of U.S. Customs and Border Protection, 
        and an identification of expenses based on any other 
        appropriate classification necessary to provide for an accurate 
        and complete accounting of expenses.
    ``(b) Establishment and Implementation; Immigration and Customs 
Enforcement.--
            ``(1) In general.--Not later than September 30, 2006, the 
        Assistant Secretary for U.S. Immigration and Customs 
        Enforcement shall, in accordance with the audit of the Customs 
        Service's fiscal years 2000 and 1999 financial statements (as 
        contained in the report of the Office of Inspector General of 
        the Department of the Treasury issued on February 23, 2001), 
        establish and implement a cost accounting system--
                    ``(A) for expenses incurred in both commercial and 
                noncommercial operations of U.S. Immigration and 
                Customs Enforcement of the Department of Homeland 
                Security, which system should specifically identify and 
                distinguish expenses incurred in commercial operations 
                and expenses incurred in noncommercial operations; and
                    ``(B) for expenses incurred both in administering 
                and enforcing the customs laws of the United States and 
                the Federal immigration laws, which system should 
                specifically identify and distinguish expenses incurred 
                in administering and enforcing the customs laws of the 
                United States and the expenses incurred in 
                administering and enforcing the Federal immigration 
                laws.
            ``(2) Additional requirement.--The cost accounting system 
        described in paragraph (1) shall provide for an identification 
        of expenses based on the type of operation, the amount of time 
        spent on the operation by personnel of U.S. Immigration and 
        Customs Enforcement, and an identification of expenses based on 
        any other appropriate classification necessary to provide for 
        an accurate and complete accounting of expenses.
    ``(c) Reports.--
            ``(1) Development of the cost accounting systems.--
        Beginning on the date of the enactment of the Department of 
        Homeland Security Authorization Act for Fiscal Year 2006 and 
        ending on the date on which the cost accounting systems 
        described in subsections (a) and (b) are fully implemented, the 
        Commissioner of U.S. Customs and Border Protection and the 
        Assistant Secretary for U.S. Immigration and Customs 
        Enforcement, respectively, shall prepare and submit to Congress 
        on a quarterly basis a report on the progress of implementing 
        the cost accounting systems pursuant to subsections (a) and 
        (b).
            ``(2) Annual reports.--Beginning one year after the date on 
        which the cost accounting systems described in subsections (a) 
        and (b) are fully implemented, the Commissioner of U.S. Customs 
        and Border Protection and the Assistant Secretary for U.S. 
        Immigration and Customs Enforcement, respectively, shall 
        prepare and submit to Congress on an annual basis a report 
        itemizing the expenses identified in subsections (a) and (b).
            ``(3) Office of the inspector general.--Not later than 
        March 31, 2007, the Inspector General of the Department of 
        Homeland Security shall prepare and submit to Congress a report 
        analyzing the level of compliance with this section and 
        detailing any additional steps that should be taken to improve 
        compliance with this section.''.

SEC. 402. REPORT RELATING TO ONE FACE AT THE BORDER INITIATIVE.

    Not later than September 30 of each of the calendar years 2006 and 
2007, the Commissioner of U.S. Customs and Border Protection of the 
Department of Homeland Security shall prepare and submit to Congress a 
report--
            (1) analyzing the effectiveness of the One Face at the 
        Border Initiative at enhancing security and facilitating trade;
            (2) providing a breakdown of the number of personnel of 
        U.S. Customs and Border Protection that were personnel of the 
        United States Customs Service prior to the establishment of the 
        Department of Homeland Security, that were personnel of the 
        Immigration and Naturalization Service prior to the 
        establishment of the Department of Homeland Security, and that 
        were hired after the establishment of the Department of 
        Homeland Security;
            (3) describing the training time provided to each employee 
        on an annual basis for the various training components of the 
        One Face at the Border Initiative; and
            (4) outlining the steps taken by U.S. Customs and Border 
        Protection to ensure that expertise is retained with respect to 
        customs, immigration, and agriculture inspection functions 
        under the One Face at the Border Initiative.

SEC. 403. CUSTOMS SERVICES.

    Section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended--
            (1) by striking ``(1) Notwithstanding section 451 of the 
        Tariff Act of 1930 (19 U.S.C. 1451) or any other provision of 
        law (other than paragraph (2)),'' and inserting:
            ``(1) In general.--
                    ``(A) Scheduled flights.--Notwithstanding section 
                451 of the Tariff Act of 1930 (19 U.S.C. 1451) or any 
                other provision of law (other than subparagraph (B) and 
                paragraph (2)),''; and
            (2) by adding at the end the following:
                    ``(B) Charter flights.--If a charter air carrier 
                (as defined in section 40102(13) of title 49, United 
                States Code) specifically requests that customs border 
                patrol services for passengers and their baggage be 
                provided for a charter flight arriving after normal 
                operating hours at a customs border patrol serviced 
                airport and overtime funds for those services are not 
                available, the appropriate customs border patrol 
                officer may assign sufficient customs employees (if 
                available) to perform any such services, which could 
                lawfully be performed during regular hours of 
                operation, and any overtime fees incurred in connection 
                with such service shall be paid by the charter air 
                carrier.''.

SEC. 404. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL 
              PROVISIONS.

    It is the sense of Congress that U.S. Customs and Border Protection 
of the Department of Homeland Security should interpret, implement, and 
enforce the provisions of section 112 of the African Growth and 
Opportunity Act (19 U.S.C. 3721), section 204 of the Andean Trade 
Preference Act (19 U.S.C. 3203), and section 213 of the Caribbean Basin 
Economic Recovery Act (19 U.S.C. 2703), relating to preferential 
treatment of textile and apparel articles, broadly in order to expand 
trade by maximizing opportunities for imports of such articles from 
eligible beneficiary countries.

SEC. 405. IMPROVING SENTRI, FAST, AND NEXUS PRE-ENROLLMENT PROGRAMS.

    (a) Creation of Remote Enrollment Centers.--
            (1) In general.--The Secretary shall create a minimum of 4 
        remote enrollment centers for the programs described in 
        paragraph (2). Such remote enrollment centers shall be 
        established away from the borders of the United States and in 
        population centers where there is a demand for such a service.
            (2) Programs.--The programs described in paragraph (1) are 
        the following:
                    (A) The Free and Secure Trade, or ``FAST'', program 
                authorized under subpart B of title IV of the Tariff 
                Act of 1930 (19 U.S.C 1411 et seq.).
                    (B) The Secure Electronic Network for Travelers 
                Rapid Inspection, or ``SENTRI'', program authorized 
                under section 286(q) of the Immigration and Nationality 
                Act (8 U.S.C. 1356(q)).
                    (C) The ``NEXUS'' program authorized under section 
                286(q) of the Immigration and Nationality Act (8 U.S.C. 
                1356(q)).
    (b) Customer Service Phone Number.--The Secretary shall create a 
customer service telephone number for the programs described in 
subsection (a)(2).
    (c) Merging Requirements of NEXUS Land and Air Cards.--The 
Secretary of Homeland Security shall merge the requirements of the land 
and air cards issued under the ``NEXUS'' program authorized under 
section 286(q) of the Immigration and Nationality Act (8 U.S.C. 
1356(q)) into one uniform card that will work for land and air 
crossings.

                         TITLE V--MISCELLANEOUS

SEC. 501. BORDER SECURITY AND ENFORCEMENT COORDINATION AND OPERATIONS.

    (a) Findings.--The Congress makes the following findings:
            (1) As part of the creation of the Department of Homeland 
        Security, section 442 of the Homeland Security Act of 2002 
        (Public Law 107-273) established a Bureau of Border Security 
        and transferred into it all of the functions, programs, 
        personnel, assets, and liabilities pertaining to the following 
        programs: the Border Patrol; alien detention and removal; 
        immigration-related intelligence, investigations, and 
        enforcement activities; and immigration inspections at ports of 
        entry.
            (2) Title IV of the Homeland Security Act of 2002 (Public 
        Law 107-273) also transferred to the new Department the United 
        States Customs Service, as a distinct entity within the new 
        Department, to further the Department's border integrity 
        mission.
            (3) Utilizing its reorganization authority provided in the 
        Homeland Security Act of 2002, the President submitted a 
        reorganization plan for the Department on January 30, 2003.
            (4) This plan merged the customs and immigration border 
        inspection and patrol functions, along with agricultural 
        inspections functions, into a new entity called United States 
        Customs and Border Protection.
            (5) The plan also combined the customs and immigration 
        enforcement agents, as well as the Office of Detention and 
        Removal Operations, the Office of Federal Protective Service, 
        the Office of Federal Air Marshal Service, and the Office of 
        Intelligence, into another new entity called United States 
        Immigration and Customs Enforcement.
            (6) The President's January 30, 2003, reorganization plan 
        did not explain the reasons for separating immigration 
        inspection and border patrol functions from other immigration-
        related enforcement functions, or to combine immigration-
        related enforcement functions with customs and other functions, 
        contrary to the design of the Bureau of Border Security as 
        prescribed by the Congress in section 442 of the Homeland 
        Security Act of 2002.
            (7) United States Immigration and Customs Enforcement has 
        faced major budgetary challenges that are, in part, 
        attributable to the inexact division of resources upon the 
        separation of immigration functions. These budget shortfalls 
        have forced United States Immigration and Customs Enforcement 
        to impose hiring freezes and to release aliens that otherwise 
        should be detained.
    (b) Report.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall review and evaluate the current organizational structure 
        of the Department of Homeland Security established by the 
        President's January 30, 2003, reorganization plan and submit a 
        report of findings and recommendations to the appropriate 
        congressional committees (as defined in section 2 of the 
        Homeland Security Act of 2002 (6 U.S.C. 101)).
            (2) Contents of report.--The report shall include--
                    (A) a description of the rationale for, and any 
                benefits of, the current organizational division of 
                United States Immigration and Customs Enforcement and 
                United States Customs and Border Protection, with 
                respect to the Department's immigration and customs 
                missions;
                    (B) a description of the organization, missions, 
                operations, and policies of United States Customs and 
                Border Protection and United States Immigration and 
                Customs Enforcement, and areas of unnecessary overlap 
                or operational gaps among and between these missions;
                    (C) a description of the rationale for, and any 
                benefits of, the current organizational combination of 
                immigration-related enforcement functions with customs 
                and other functions;
                    (D) an analysis of alternative organizational 
                structures that could provide a more effective way to 
                deliver maximum efficiencies and mission success;
                    (E) a description of the current role of the 
                Directorate of Border and Transportation Security with 
                respect to providing adequate direction and oversight 
                of the two agencies, and whether this management 
                structure is still necessary;
                    (F) an analysis of whether the Federal Air Marshals 
                and the Federal Protective Service are properly located 
                within the Department within United States Immigration 
                and Customs Enforcement;
                    (G) the proper placement and functions of a 
                specialized investigative and patrol unit operating at 
                the southwest border on the Tohono O'odham Nation, 
                known as the Shadow Wolves;
                    (H) the potential costs of reorganization, 
                including financial, programmatic, and other costs, to 
                the Department; and
                    (I) recommendations for correcting the operational 
                and administrative problems that have been caused by 
                the division of United States Custom and Border 
                Protection and United States Immigration and Customs 
                Enforcement and by the combination of immigration-
                related enforcement functions with customs and other 
                functions in both entities, including any appropriate 
                reorganization plans.

SEC. 502. GAO REPORT TO CONGRESS.

    (a) In General.-- Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report 
that sets forth--
            (1) an assessment of the effectiveness of the 
        organizational and management structure of the Department of 
        Homeland Security in meeting the Department's missions as set 
        forth in section 101(b)(1) of the Homeland Security Act of 2002 
        (6 U.S.C. 111(b)(1)); and
            (2) recommendations to facilitate and improve the 
        organization and management of the Department to best meet 
        those missions.
    (b) Cybersecurity Assessment.--Not later than one year after the 
date of the enactment of this Act, the Comptroller General shall submit 
a report to the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) that 
sets forth an assessment of the effectiveness of the efforts of the 
Assistant Secretary for Cybersecurity to fulfill the statutory 
responsibilities of that office.

SEC. 503. PLAN TO REDUCE WAIT TIMES.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall develop a plan--
            (1) to improve the operational efficiency of security 
        screening checkpoints at commercial service airports so that 
        average peak waiting periods at such checkpoints do not exceed 
        20 minutes; and
            (2) to ensure that there are no significant disparities in 
        immigration and customs passenger processing times among 
        airports that serve as international gateways.

SEC. 504. DENIAL OF TRANSPORTATION SECURITY CARD.

    Section 70105(c) of title 46, United States Code, is amended--
            (1) in paragraph (3) by inserting before the period 
        ``before an administrative law judge''; and
            (2) by adding at the end the following:
    ``(5) In making a determination under paragraph (1)(D) that an 
individual poses a terrorism security risk, the Secretary shall not 
solely consider a felony conviction if--
            ``(A) that felony occurred more than 7 years prior to the 
        date of the Secretary's determination; and
            ``(B) the felony was not related to terrorism (as that term 
        is defined in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101)).''.

SEC. 505. TRANSFER OF EXISTING CUSTOMS PATROL OFFICERS UNIT AND 
              ESTABLISHMENT OF NEW CPO UNITS IN THE BUREAU OF 
              IMMIGRATION AND CUSTOMS ENFORCEMENT.

    (a) Transfer of Existing Unit.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall transfer to the Bureau of Immigration and Customs Enforcement all 
functions (including the personnel, assets, and obligations held by or 
available in connection with such functions) of the Customs Patrol 
Officers unit of the Bureau of Customs and Border Protection operating 
on the Tohono O'odham Indian reservation (commonly known as the `Shadow 
Wolves' unit).
    (b) Establishment of New Units.--The Secretary is authorized to 
establish within the Bureau of Immigration and Customs Enforcement 
additional units of Customs Patrol Officers in accordance with this 
section.
    (c) Duties.--The Customs Patrol Officer unit transferred pursuant 
to subsection (a) and the additional units established pursuant to 
subsection (b) shall be responsible for the prevention of the smuggling 
of narcotics, weapons of mass destruction, and other contraband, and 
the illegal trafficking of persons, on Indian lands.
    (d) Basic Pay for Journeyman Officers.--A Customs Patrol Officer in 
a unit described in this section shall receive equivalent pay as a 
special agent with similar competencies within the Bureau of 
Immigration and Customs Enforcement pursuant to the Department of 
Homeland Security's human resources management system established under 
section 841 of the Homeland Security Act (6 U.S.C. 411).
    (e) Supervisors.--Each unit described under this section shall be 
supervised by a Chief Customs Patrol Officer, who shall have the same 
rank as a resident agent-in-charge of the Office of Investigations.

SEC. 506. DATA COLLECTION ON USE OF IMMIGRATION CONSULTANTS.

    The Secretary of Homeland Security shall establish procedures to 
record information on applications for an immigration benefit submitted 
by an alien with respect to which--
            (1) the alien states that the alien used the services of an 
        immigration consultant; or
            (2) a Department employee or official investigating facts 
        alleged in the application, or adjudicating the application, 
        suspects that the alien used the services of an immigration 
        consultant.

SEC. 507. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

    The Homeland Security Act of 2002 is amended--
            (1) in section 801--
                    (A) in the section heading, by striking ``state and 
                local'' and inserting ``state, local, and tribal'';
                    (B) in subsection (a), by striking ``State and 
                Local'' and inserting ``State, Local, and Tribal''; and
                    (C) in subsection (b), by striking ``State and 
                local'' each place it appears and inserting ``State, 
                local, and tribal''; and
            (2) in section 1(b) in the table of contents by striking 
        the item relating to section 801 and inserting the following:

``Sec. 801. Office for State, Local, and Tribal Government 
                            Coordination.''.

SEC. 508. STUDY OF MODIFICATION OF AREA OF JURISDICTION OF OFFICE OF 
              NATIONAL CAPITAL REGION COORDINATION.

    (a) Study.--The Secretary of Homeland Security, acting through the 
Director of the Office of National Capital Region Coordination, shall 
conduct a study of the feasibility and desirability of modifying the 
definition of ``National Capital Region'' applicable under section 882 
of the Homeland Security Act of 2002 to update the geographic area 
under the jurisdiction of the Office of National Capital Region 
Coordination.
    (b) Factors.--In conducting the study under subsection (a), the 
Secretary shall analyze whether modifying the geographic area under the 
jurisdiction of the Office of National Region Coordination will--
            (1) improve coordination among State and local governments 
        within the Region, including regional governing bodies, and 
        coordination of the efforts of first responders; and
            (2) enhance the ability of such State and local governments 
        and the Federal Government to prevent and respond to a 
        terrorist attack within the Region.
    (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit a report to Congress 
on the study conducted under subsection (a), and shall include in the 
report such recommendations (including recommendations for legislation 
to amend section 882 of the Homeland Security Act of 2002) as the 
Secretary considers appropriate.

SEC. 509. AUTHORITY OF OTHER FEDERAL AGENCIES UNAFFECTED.

    Except to the extent explicitly provided in section 216, nothing in 
this Act shall affect the authority under statute, regulation, or 
Executive order of other Federal agencies than the Department of 
Homeland Security.

SEC. 510. CENTERS OF EXCELLENCE.

    Section 308(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
188(b)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) A center under this paragraph may include 
                participation of a Department of Energy laboratory, 
                including in the preparation of a proposal.''.

SEC. 511. REPORT TO CONGRESS ON UNIFORM AND IDENTIFICATION SECURITY.

    (a) Definition.--For the purpose of this section, the term ``forms 
of Homeland Security identification'' means any uniform, badge, 
identification card, or other apparel or insignia of the design 
prescribed by the Department of Homeland Security for use by any 
officer or employee of such Department.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall prepare 
and submit to Congress a report--
            (1) describing the efforts taken by the Department of 
        Homeland Security--
                    (A) to curtail the production of imitation forms of 
                Homeland Security identification, including efforts to 
                improve the design of the various forms of Homeland 
                Security identification to prevent unauthorized 
                replication; and
                    (B) to increase public awareness of the existence 
                of imitation forms of Homeland Security identification, 
                and educate the public about means by which to identify 
                bona fide forms of Homeland Security identification;
            (2) assessing the effectiveness of the efforts described in 
        paragraph (1); and
            (3) recommending any legislation or administrative actions 
        necessary to achieve the objectives described in subparagraphs 
        (A) and (B), respectively, of paragraph (1).

SEC. 512. BORDER SURVEILLANCE.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the President and the appropriate committees of Congress a 
comprehensive plan for the systematic surveillance of the northern 
border of the United States by remotely piloted aircraft.
    (b) Contents.--The plan submitted under subsection (a) shall 
include--
            (1) recommendations for establishing command and control 
        centers, operations sites, infrastructure, maintenance, and 
        procurement;
            (2) cost estimates for the implementation of the plan and 
        ongoing operations;
            (3) recommendations for the appropriate agent within the 
        Department of Homeland Security to be the executive agency for 
        remotely piloted aircraft operations;
            (4) the number of remotely piloted aircraft required for 
        the plan;
            (5) the types of missions the plan would undertake, 
        including--
                    (A) protecting the lives of people seeking illegal 
                entry into the United States;
                    (B) interdicting illegal movement of people, 
                weapons, and other contraband across the border;
                    (C) providing investigative support to assist in 
                the dismantling of smuggling and criminal networks 
                along the border;
                    (D) using remotely piloted aircraft to serve as 
                platforms for the collection of intelligence against 
                smugglers and criminal networks along the border; and
                    (E) further validating and testing of remotely 
                piloted aircraft for airspace security missions;
            (6) the equipment necessary to carry out the plan; and
            (7) a recommendation regarding whether to expand the pilot 
        program along the entire northern border.
    (c) Implementation.--The Secretary of Homeland Security shall 
implement the plan submitted under subsection (a) as a pilot program as 
soon as sufficient funds are appropriated and available for this 
purpose.

SEC. 513. ADVANCED TECHNOLOGY NORTHER BORDER SECURITY PILOT PROGRAM.

    Section 5101 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (8 U.S.C. 1712 note) is amended by striking ``The Secretary 
of Homeland Security may carry out'' and inserting ``To the extent 
funds are provided in advance in appropriations Acts, the Secretary of 
Homeland Security shall carry out''.

SEC. 514. GAO STUDY OF PROPOSALS TO INCREASE TEMPORARY PROTECTED STATUS 
              REGISTRATION FEE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall complete a study 
of, and report to Congress on, the likely consequences of increasing 
the fee described in section 244(c)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1254(a)(c)(1)(B)).
    (b) Elements of Study.--The study described in subsection (a) 
shall--
            (1) calculate the number of applicants for relief under 
        section 244 of the Immigration and Nationality Act (8 U.S.C. 
        1254(a)) who have sought a waiver, been granted a waiver, or 
        been denied a waiver from such fees due to their inability to 
        pay such fees, since the enactment of such section;
            (2) project the cost at which such fee would be set if it 
        were calculated consistent with the manner in which the 
        Department of Homeland Security calculates fees under section 
        286(m) of the Immigration and Nationality Act (8 U.S.C. 
        1356(m));
            (3) taking into account the countries of nationality of the 
        current population of beneficiaries of section 244 and the lack 
        of work authorization that such beneficiaries have while 
        awaiting the outcome of an adjudication, assess the ability of 
        the current population of beneficiaries under section 244 to 
        pay such fee if it were increased to the level projected 
        pursuant to paragraph (2);
            (4) estimate the number of requests for fee waivers that 
        would likely have to be adjudicated per 1,000 applications 
        should such fee be increased to the level projected pursuant to 
        paragraph (2);
            (5) estimate the cost and number of man hours that would be 
        required to be expended in order to adjudicate the fee waiver 
        requests described in such paragraph; and
            (6) estimate the cost differential between the current cost 
        of adjudicating applications and the statutory fee, on a per-
        application and an aggregate basis.

SEC. 515. GAO STUDY OF CONSEQUENCES OF EXPANDING USE OF PREMIUM SERVICE 
              FOR IMMIGRATION BENEFIT APPLICATIONS AND PETITIONS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall complete a study 
of, and report to Congress on, the Department of Homeland Security's 
proposal to expand the use of premium fees for employment-based 
petitions and applications under section 286(u) of the Immigration and 
Nationality Act (8 U.S.C. 1356(u)) to other applications and petitions.
    (b) Elements of Study.--In performing the study required under 
subsection (a), the Comptroller General--
            (1) shall consider and assess--
                    (A) all factors that help quantify and assess the 
                current impact of premium processing on immigration 
                benefits adjudications of employment-based applications 
                and petitions; and
                    (B) the degree to which the use of premium 
                processing for employment-based applications and 
                petitions has negatively or positively impacted the 
                length of time that it takes to adjudicate employment-
                based applications and petitions that are eligible for 
                treatment under section 286(u) of the Immigration and 
                Nationality Act but for which no premium fee is paid; 
                and
            (2) shall assess--
                    (A) whether expansion of section 286(u) of the 
                Immigration and Nationality Act to family-based 
                immigration petitions and applications would increase 
                or decrease the length of time it takes to adjudicate 
                family-based petitions and applications in cases where 
                the applicant cannot afford to make use of the premium 
                service;
                    (B) all other likely future impacts of an expansion 
                of premium processing to family-based immigration 
                benefits applications and petitions;
                    (C) the number of additional adjudicators needed to 
                process premium processing applications;
                    (D) the impact of premium processing on the number 
                and assignment of adjudicators; and
                    (E) the number of individual applicants who would 
                opt to use premium processing under this expanded 
                program annually.

SEC. 516. BUY AMERICAN REQUIREMENT FOR PROCUREMENTS OF GOODS CONTAINING 
              COMPONENTS.

    (a) Requirement.--Notwithstanding any agreement described in 
subsection (b), more than 50 percent of the components in any end 
product procured by the Department of Homeland Security that contains 
components shall be mined, produced, or manufactured inside the United 
States.
    (b) Agreements Described.--An agreement referred to in subsection 
(a) is any of the following:
            (1) Any reciprocal procurement memorandum of understanding 
        between the United States and a foreign country pursuant to 
        which the Secretary of Homeland Security has prospectively 
        waived the Buy American Act (41 U.S.C. 10a et seq.) for certain 
        products in that country.
            (2) Any international agreement to which the United States 
        is a party.

SEC. 517. DISASTER ASSISTANCE FOR FUNERAL EXPENSES.

    Not later than 90 days after the enactment of this Act, the 
Director of the Federal Emergency Management Agency shall--
            (1) develop criteria and guidelines for determining if a 
        death is disaster-related; and
            (2) require staff to provide for analysis of each request 
        for funeral expense assistance in order to support approval or 
        disapproval of such assistance.

SEC. 518. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF 
              COUNTERNARCOTICS ENFORCEMENT AT DEPARTMENT OF HOMELAND 
              SECURITY.

    Section 7407(c) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3853) is amended by striking 
``2005, there is authorized up to $6,000,000'' and inserting ``2005 or 
2006, there is authorized up to $6,000,000 for each such fiscal year''.

SEC. 519. PROHIBITION AGAINST INCREASE IN SECURITY SERVICE FEES.

    None of the funds authorized under this Act may be derived from an 
increase in security service fees established under section 44940 of 
title 49, United States Code.

SEC. 520. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMIGRATION LAW 
              ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS.

    Notwithstanding any other provision of law and reaffirming the 
existing general authority, law enforcement personnel of a State or a 
political subdivision of a State are fully authorized to apprehend, 
detain, or remove aliens in the United States (including the 
transportation of such aliens across State lines to detention centers), 
for the purposes of assisting in the enforcement of the immigration 
laws of the United States in the course of carrying out routine duties. 
This State authority has never been displaced or preempted by the 
Congress.

SEC. 521. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL IN 
              ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Training and Pocket Guide.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of Homeland Security 
        shall establish--
                    (A) a training manual for law enforcement personnel 
                of a State or political subdivision of a State to train 
                such personnel in the investigation, identification, 
                apprehension, arrest, detention, and transfer to 
                Federal custody of aliens in the United States 
                (including the transportation of such aliens across 
                State lines to detention centers and identification of 
                fraudulent documents); and
                    (B) an immigration enforcement pocket guide for law 
                enforcement personnel of a State or political 
                subdivision of a State to provide a quick reference for 
                such personnel in the course of duty.
            (2) Availability.--The training manual and pocket guide 
        established in accordance with paragraph (1) shall be made 
        available to all State and local law enforcement personnel.
            (3) Applicability.--Nothing in this subsection shall be 
        construed to require State or local law enforcement personnel 
        to carry the training manual or pocket guide established in 
        accordance with paragraph (1) with them while on duty.
            (4) Costs.--The Department of Homeland Security shall be 
        responsible for any costs incurred in establishing the training 
        manual and pocket guide under this subsection.
    (b) Training Flexibility.--
            (1) In general.--The Department of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including 
        residential training at Federal facilities, onsite training 
        held at State or local police agencies or facilities, online 
        training courses by computer, teleconferencing, and videotape, 
        or the digital video display (DVD) of a training course or 
        courses.
            (2) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace or otherwise adversely affect the training of Federal 
        personnel.
    (c) Clarification.--Nothing in this Act or any other provision of 
law shall be construed as making any immigration-related training a 
requirement for, or prerequisite to, any State or local law enforcement 
officer exercising that officer's inherent authority to assist in the 
apprehension, arrest, detention, or transfer to Federal custody illegal 
aliens during the normal course of carrying out their law enforcement 
duties.
    (d) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking `Attorney General' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Such training shall not exceed 14 days or 80 hours, whichever 
        is longer.''.

            Passed the House of Representatives May 18, 2005.

            Attest:

                                                                 Clerk.
109th CONGRESS

  1st Session

                               H. R. 1817

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 2006 for the Department of 
               Homeland Security, and for other purposes.