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






109th CONGRESS
  1st Session
                                H. R. 1817

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2005

   Mr. Cox introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


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

                    Subtitle A--Terrorism Prevention

Sec. 201. Terrorism Prevention Plan and related budget submission.
Sec. 202. 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. Authority for disseminating homeland security-related 
                            information.
Sec. 217. Tom Ridge 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. Homeland Security Advisory System.
Sec. 222. Use of open source information.
Sec. 223. Full and efficient use of open source information.
            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. Requirements relating to the Container Security Initiative 
                            (CSI).
 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

Sec. 311. Short title.
Sec. 312. Assistant Secretary for Cybersecurity.
Sec. 313. Cybersecurity defined.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Border security and enforcement coordination and operations.
Sec. 402. GAO report to Congress.

                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. BORDER PATROL AGENTS.

     Of the amount authorized under section 101, there is authorized to 
be appropriated for fiscal year 2006 for border security and control 
between ports of entry, including for the hiring of 2,000 border patrol 
agents in addition to the number employed on the date of enactment of 
this Act, and related training and support costs, $1,916,427,000.

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, $634,687,000, 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, $500,000,000.

SEC. 105. RESEARCH AND DEVELOPMENT.

     Of the amount authorized under section 101, there is 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) $197,314,000 to support a nuclear detection office and 
        related activities of such directorate;
            (3) $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 non-commercial aircraft-based technologies; 
        and
            (4) $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 is 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.

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

                    Subtitle A--Terrorism Prevention

SEC. 201. TERRORISM PREVENTION PLAN AND RELATED BUDGET SUBMISSION.

    (a) Department of Homeland Security Terrorism Prevention Plan.--
            (1) Requirements.--Not later than one year after the date 
        of enactment of the Act, and on a regular basis thereafter, the 
        Secretary of Homeland Security shall prepare and submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate a Department of Homeland Security Terrorism 
        Prevention Plan. The Plan shall be a comprehensive and 
        integrated plan that includes the goals, objectives, 
        milestones, and key initiatives of the Department of Homeland 
        Security to prevent acts of terrorism on the United States, 
        including its territories and interests.
            (2) Contents.--The Secretary shall include in the Plan the 
        following elements:
                    (A) Identification and prioritization of groups and 
                subgroups that pose the most significant threat of 
                committing acts of terrorism on the United States and 
                its interests.
                    (B) Identification of the most significant current, 
                evolving, and long term terrorist threats to the United 
                States and its interests, including an evaluation of--
                            (i) the materials that may be used to carry 
                        out a potential attack;
                            (ii) the methods that may be used to carry 
                        out a potential attack; and
                            (iii) the outcome the perpetrators of acts 
                        of terrorism aim to achieve.
                    (C) A prioritization of the threats identified 
                under subparagraph (B), based on an assessment of 
                probability and consequence of such attacks.
                    (D) A description of processes and procedures that 
                the Secretary shall establish to institutionalize close 
                coordination between the Department of Homeland 
                Security and the National Counter Terrorism Center and 
                other appropriate United States intelligence agencies.
                    (E) The policies and procedures the Secretary shall 
                establish to ensure the Department gathers real time 
                information from the National Counter Terrorism Center; 
                disseminates this information throughout the 
                Department, as appropriate; utilizes this information 
                to support the Department's counter terrorism 
                responsibilities; integrates the Department's 
                information collection and analysis functions; and 
                disseminates this information to its operational units, 
                as appropriate.
                    (F) A description of the specific actions the 
                Secretary shall take to identify threats of terrorism 
                on the United States and its interests, and to 
                coordinate activities within the Department to prevent 
                acts of terrorism, with special emphasis on prevention 
                of terrorist access to and use of weapons of mass 
                destruction.
                    (G) A description of initiatives the Secretary 
                shall take to share critical terrorism prevention 
                information with, and provide terrorism prevention 
                support to, State and local governments and the private 
                sector.
                    (H) A timeline, with goals and milestones, for 
                implementing the Homeland Security Information Network, 
                the Homeland Security Secure Data Network, and other 
                departmental information initiatives to prevent acts of 
                terrorism on the United States and its interests, 
                including integration of these initiatives in the 
                operations of the Homeland Security Operations Center.
                    (I) Such other terrorism prevention-related 
                elements as the Secretary considers appropriate.
            (3) Consultation.--In formulating the Plan the Secretary 
        shall consult with--
                    (A) the Director of National Intelligence;
                    (B) the Director of the National Counter Terrorism 
                Center;
                    (C) the Attorney General;
                    (D) the Director of the Federal Bureau of 
                Investigation;
                    (E) the Secretary of Defense;
                    (F) the Secretary of State;
                    (G) the Secretary of Energy;
                    (H) the Secretary of the Treasury; and
                    (I) the heads of other Federal agencies and State, 
                county, and local law enforcement agencies as the 
                Secretary considers appropriate.
            (4) Classification.--The Secretary shall prepare the Plan 
        in both classified and nonclassified forms.
    (b) Annual Crosscutting Analysis of Proposed Funding for Department 
of Homeland Security Programs.--
            (1) Requirement to submit analysis.--The Secretary of 
        Homeland Security shall submit to the Congress, concurrently 
        with the submission of the President's budget for each fiscal 
        year, a detailed, crosscutting analysis of the budget proposed 
        for the Department of Homeland Security, by budget function, by 
        agency, and by initiative area, identifying the requested 
        amounts of gross and net appropriations or obligational 
        authority and outlays for programs and activities of the 
        Department for each of the following mission areas:
                    (A) To prevent terrorist attacks within the United 
                States.
                    (B) To reduce the vulnerability of the United 
                States to terrorism.
                    (C) To minimize the damage, and assist in the 
                recovery, from terrorist attacks that do occur within 
                the United States.
                    (D) To carry out all functions of the agencies and 
                subdivisions within the Department that are not related 
                directly to homeland security.
            (2) Funding analysis of multi-purpose functions.--The 
        analysis required under paragraph (1) for functions that are 
        both related directly and not related directly to homeland 
        security shall include a detailed allocation of funding for 
        each specific mission area within those functions, including an 
        allocation of funding among mission support functions, such as 
        agency overhead, capital assets, and human capital.
            (3) Included terrorism prevention activities.--The analysis 
        required under paragraph (1)(A) shall include the following 
        activities (among others) of the Department:
                    (A) Collection and effective use of intelligence 
                and law enforcement operations that screen for and 
                target individuals who plan or intend to carry out acts 
                of terrorism.
                    (B) Investigative, intelligence, and law 
                enforcement operations that identify and disrupt plans 
                for acts of terrorism or reduce the ability of groups 
                or individuals to commit acts of terrorism.
                    (C) Investigative activities and intelligence 
                operations to detect and prevent the introduction of 
                weapons of mass destruction into the United States.
                    (D) Initiatives to detect potential, or the early 
                stages of actual, biological, chemical, radiological, 
                or nuclear attacks.
                    (E) Screening individuals against terrorist watch 
                lists.
                    (F) Screening cargo to identify and segregate high-
                risk shipments.
                    (G) Specific utilization of information sharing and 
                intelligence, both horizontally (within the Federal 
                Government) and vertically (among Federal, State, and 
                local governments), to detect or prevent acts of 
                terrorism.
                    (H) Initiatives, including law enforcement and 
                intelligence operations, to preempt, disrupt, and deter 
                acts of terrorism overseas intended to strike the 
                United States.
                    (I) Investments in technology, research and 
                development, training, and communications systems that 
                are designed to improve the performance of the 
                Department and its agencies with respect to each of the 
                activities listed in subparagraphs (A) through (H).
            (4) Separate displays for mandatory and discretionary 
        amounts.--Each analysis under paragraph (1) shall include 
        separate displays for proposed mandatory appropriations and 
        proposed discretionary appropriations.

SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS.

    (a) Requirement.--The Secretary shall establish a single process 
for conducting the security screening and background checks on 
individuals participating in any voluntary or mandatory departmental 
credentialing or registered traveler program.
    (b) Included Programs.--The process established under subsection 
(a) shall be sufficient to meet the security requirements of all 
applicable Departmental programs, including--
            (1) the Transportation Worker Identification Credential;
            (2) the Hazmat Endorsement Credential;
            (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; and
            (6) any other similar program or credential considered 
        appropriate for inclusion by the Secretary.
    (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 
        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 this section.
            (4) 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 Committee on Homeland Security of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate 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) Relationship to Other Laws.--Nothing in this section affects 
any statutory requirement relating to the operation of the programs 
described in subsection (b).

    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 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 and disseminate, 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 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 Department of 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), (3), (4), 
                (7) through (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 ensure that the Assistant Secretary for 
                Information Analysis and the Assistant Secretary for 
                Infrastructure Protection both perform the functions 
                described in paragraphs (17) and (19) of subsection 
                (d);
                    ``(D) may assign to each such Assistant Secretary 
                such other duties relating to such responsibilities as 
                the Under Secretary may provide; and
                    ``(E) shall direct each such Assistant Secretary to 
                coordinate with elements of the intelligence community, 
                with Federal, State, and local law enforcement 
                agencies, and with tribal and private sector entities, 
                as appropriate.''.

SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED 
              INFORMATION.

    (a) In General.--Title I of the Homeland Security Act of 2002 (6 
U.S.C. 111 et seq.) is amended by adding at the end the following:

``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED 
              INFORMATION.

    ``(a) Primary Authority.--Except as provided in subsection (b), the 
Secretary shall be the executive branch official responsible for 
disseminating homeland security-related information to State and local 
government and tribal officials and the private sector.
    ``(b) Prior Approval Required.--No Federal official may issue any 
homeland security-related analysis, advisory, or alert without the 
Secretary's prior approval, except--
            ``(1) in exigent circumstances under which it is essential 
        that the information be communicated immediately; or
            ``(2) when such analysis advisory or alert 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.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following:

``Sec. 104. Authority for disseminating homeland security-related 
                            information.''.

SEC. 217. TOM RIDGE 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. TOM RIDGE 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 and the Office of 
                Infrastructure Protection.
            ``(2) Program name.--The program under this section shall 
        be known as the `Tom Ridge 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--
            ``(1) provide to the individual a stipend to cover the 
        individual's reasonable living expenses during the period of 
        the fellowship; and
            ``(2) reimburse the individual for round-trip, economy fare 
        travel to and from the individual's place of residence twice 
        each month.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

``Sec. 204. Tom Ridge 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 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 as 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 new 
paragraph:
            ``(24) To administer the homeland security information 
        network, including--
                    ``(A) exercising primary responsibility for 
                creating a secure nationwide real-time homeland 
                security information sharing network for Federal, 
                State, and local government agencies and authorities, 
                tribal officials, the private sector, and other 
                governmental and private entities involved in 
                receiving, analyzing, and distributing information 
                related to threats to homeland security; and
                    ``(B) ensuring that the information sharing 
                systems, developed in connection with the network 
                created under subparagraph (A), utilize and are 
                compatible with, to the greatest extent practicable, 
                Federal, State, and local government, tribal, and 
                private sector antiterrorism systems and protocols that 
                have been or are being developed.''.

SEC. 221. HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 is amended--
            (1) in section 201(d)(7) 6U.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.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to 
subtitle A of title II the following:

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

SEC. 222. 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 produces and disseminates reports and analytic 
                products based on open-source information that do not 
                require a national security classification under 
                applicable law; and
                    ``(B) such unclassified open source reports are 
                produced and disseminated contemporaneously with 
                reports or analytic products concerning the same or 
                similar information that the Assistant Secretary for 
                Information Analysis produces and disseminates in a 
                classified format.''.

SEC. 223. 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 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.''.
    (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. 206. Full and efficient use of open source information.''.

            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.

    (a) In General.--Section 430 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 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.''.
            (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.''.

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 (d); and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Technology Transfer Program.--In developing the program 
described in subsection (b)(6), the Secretary, acting through the Under 
Secretary for Science and Technology, shall--
            ``(1) in consultation with the other Undersecretaries of 
        the Department and the Director of the Office for Domestic 
        Preparedness, on an ongoing basis--
                    ``(A) conduct surveys and reviews of available 
                appropriate technologies that have been, or are in the 
                process of being developed or demonstrated by the 
                Department, other Federal agencies, or the private 
                sector or foreign governments and international 
                organizations and that may be useful in assisting 
                Federal, State, and local governmental agencies, 
                emergency response providers, or the private sector to 
                prevent, prepare for, or respond to acts of terrorism;
                    ``(B) conduct or support research and development 
                as appropriate of technologies identified under 
                subparagraph (A), including any necessary modifications 
                to such technologies for anti-terrorism use;
                    ``(C) communicate to Federal, State, and local 
                governmental agencies, emergency response providers, or 
                the private sector the availability of such 
                technologies for anti-terrorism 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) coordinate the selection and administration 
                of all technology transfer activities of the Science 
                and Technology Directorate, including projects and 
                grants awarded to the private sector and academia; and
                    ``(E) identify priorities based on current risk 
                assessments within the Department of Homeland Security 
                for identifying, researching, developing, modifying, 
                and fielding existing technologies for anti-terrorism 
                purposes; and
            ``(2) in support of the activities described in paragraph 
        (1)--
                    ``(A) consult with Federal, State, and local 
                emergency response providers;
                    ``(B) consult with government and nationally 
                recognized standards organizations as appropriate;
                    ``(C) enter into agreements and coordinate with 
                other Federal agencies and foreign governments and 
                international organizations as the Secretary determines 
                appropriate, in order to maximize the effectiveness of 
                such technologies or to facilitate commercialization of 
                such technologies; and
                    ``(D) consult with existing technology transfer 
                programs and Federal and State training centers that 
                research, develop, and transfer military and other 
                technologies for use by emergency response 
                providers.''.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Under Secretary for Science and Technology shall transmit 
to the Congress a description of the progress the Department has made 
in implementing the provisions of section 313 of the Homeland Security 
Act of 2002, as amended by this Act, including a description of the 
process used to review unsolicited proposals received as described in 
subsection (b)(3) of such section.
    (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. REQUIREMENTS RELATING TO THE CONTAINER SECURITY INITIATIVE 
              (CSI).

    (a) Risk Assessment and Designation of New Foreign Seaports.--
            (1) Risk assessment.--The Secretary of Homeland Security 
        shall conduct a risk assessment of each foreign seaport that 
        the Secretary is considering designating as a port under the 
        Container Security Initiative (CSI) on or after the date of the 
        enactment of this Act. Each such assessment shall evaluate the 
        level of risk for the potential compromise of cargo containers 
        by terrorists or terrorist weapons at the port.
            (2) Designation.--The Secretary is authorized to designate 
        a foreign seaport as a port under CSI on or after the date of 
        the enactment of this Act only if the Secretary determines 
        pursuant to an assessment under paragraph (1) that a 
        significant level of risk exists for the potential compromise 
        of cargo containers by terrorists or terrorist weapons at the 
        port.
    (b) Deployment of Inspection Equipment to New CSI Ports.--
            (1) Deployment.--The Secretary is authorized to assist in 
        the deployment of non-intrusive inspection equipment for cargo 
        containers at each CSI port designated under subsection (a)(2) 
        and provide training for personnel at the CSI port to operate 
        the non-intrusive inspection equipment.
            (2) Additional requirements.--The Secretary shall establish 
        technical capability requirements and standard operating 
        procedures for non-intrusive inspection equipment described in 
        paragraph (1) and shall require each CSI port to agree to 
        operate such equipment in accordance with such requirements and 
        procedures as a condition for receiving the equipment and 
        training under such paragraph.
    (c) Deployment of Personnel to New CSI Ports; Re-Evaluation of 
Personnel at All CSI Ports.--
            (1) Deployment.--The Secretary shall deploy Department of 
        Homeland Security personnel to each CSI port designated under 
        subsection (a)(1) with respect to which the Secretary 
        determines that the deployment is necessary to successfully 
        implement the requirements of CSI at the port.
            (2) Re-evaluation.--The Secretary shall periodically review 
        relevant risk assessment information with respect to all CSI 
        ports at which Department of Homeland Security personnel are 
        deployed to assess whether or not continued deployment of such 
        personnel, in whole or in part, is necessary to successfully 
        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 as cargo 
containers arriving at a United States port of entry from a foreign 
seaport that is not participating in CSI unless the containers were 
initially inspected at the CSI port at the request of CSI personnel and 
such personnel verify and electronically record that the inspection 
indicates that the containers do not contain unlawful goods or persons.
    (e) Definition.--In this section, the term ``Container Security 
Initiative'' or ``CSI'' means the program carried out by the Department 
of Homeland Security under which the Department enters into agreements 
with foreign seaports to--
            (1) establish security criteria to identify high-risk 
        maritime cargo containers bound for the United States based on 
        advance information; and
            (2) screen or inspect such maritime cargo containers for 
        unlawful goods and persons prior to shipment to the United 
        States.

 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.

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

``SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY.

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

``207. Assistant Secretary for Cybersecurity.''.

SEC. 313. CYBERSECURITY DEFINED.

    Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by adding at the end the following:
            ``(17)(A) The term `cybersecurity' means the prevention of 
        damage to, the protection of, and the restoration of computers, 
        electronic communications systems, electronic communication 
        services, wire communication, and electronic communication, 
        including information contained therein, to ensure its 
        availability, integrity, authentication, confidentiality, and 
        nonrepudiation.
            ``(B) In this paragraph--
                    ``(i) each of the terms `damage' and `computer' has 
                the meaning that term has in section 1030 of title 18, 
                United States Code; and
                    ``(ii) each of the terms `electronic communications 
                system', `electronic communication service', `wire 
                communication', and `electronic communication' has the 
                meaning that term has in section 2510 of title 18, 
                United States Code.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDINATION AND OPERATIONS.

    (a) Findings.--The Congress makes the following findings:
            (1) In creating the Department of Homeland Security, the 
        Congress sought to enhance the Nation's capabilities to 
        prevent, protect against, and respond to terrorist acts by 
        consolidating existing Federal agencies with homeland security 
        functions into a single new Department, and by realigning the 
        missions of those legacy agencies to more directly support our 
        national homeland security efforts.
            (2) As part of this massive government reorganization, 
        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.
            (3) Title IV of the Homeland Security Act of 2002 (Public 
        Law 107-273) also transferred to the new Department the United 
        States Customs Service, as a distinct entity within the new 
        Department, to further the Department's border integrity 
        mission.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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 activities, which was contrary to the 
        single Bureau of Border Security as prescribed by the Congress 
        in the section 441 of the Homeland Security Act of 2002.
            (8) Two years after this structure has been in effect, 
        questions remain about whether the Department has organized 
        itself properly, and is managing its customs and immigration 
        enforcement and border security resources in the most 
        efficient, sensible, and effective manner.
            (9) The current structure has resulted in less cooperation 
        and information sharing between these two critical functions 
        than is desirable, and has caused operational and 
        administrative difficulties that are hampering efforts to 
        secure our borders and ensure the integrity of our border 
        control system.
            (10) 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.
            (11) The current structure also has resulted in unnecessary 
        overlap and duplication between United States Immigration and 
        Customs Enforcement and United States Customs and Border 
        Protection, both in the field and at the headquarters level. 
        There are intelligence, legislative affairs, public affairs and 
        international affairs offices in both agencies.
            (12) Border security and customs and immigration 
        enforcement should be one seamless mission, focused on ensuring 
        the integrity of our border control system.
    (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 Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Government Affairs of the 
        Senate.
            (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 homeland security mission;
                    (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) an analysis of alternative organizational 
                structures that could provide a more effective way to 
                deliver maximum efficiencies and mission success;
                    (D) 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;
                    (E) an analysis of whether the Federal Air Marshals 
                and the Federal Protective Service are properly located 
                within United States Immigration and Customs 
                Enforcement;
                    (F) 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;
                    (G) the potential costs of reorganization, 
                including financial, programmatic and other costs, to 
                the Department; and
                    (H) a detailed action plan for correcting the 
                operational and administrative problems that have been 
                caused by the division of United States Customs and 
                Border Protection and United States Immigration and 
                Customs Enforcement, including appropriate 
                reorganization plans.

SEC. 402. GAO REPORT TO CONGRESS.

     Not later than 6 months after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to the 
Congress a report that sets forth--
            (1) an assessment of the effectiveness of the 
        organizational and management structure of the Department of 
        Homeland Security in meeting the Department's counter-terrorism 
        missions; and
            (2) recommendations to facilitate and improve the 
        organization and management of the Department to best meet 
        those missions.
                                 <all>