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






                                                  Union Calendar No. 40
109th CONGRESS
  1st Session
                                H. R. 1817

                [Report No. 109-71, Parts I, II and III]

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

                              May 3, 2005

Reported with an amendment and referred to the Committees on Energy and 
Commerce, Government Reform, the Judiciary, Science, Transportation and 
Infrastructure, and Ways and Means, for a period ending not later than 
  May 13, 2005, for consideration of such provisions of the bill and 
amendment as fall within the jurisdiction of those committees pursuant 
  to clause 1, rule X; referred to the Permanent Select Committee on 
   Intelligence for a period ending not later than May 13, 2005, for 
  consideration of such provisions of the bill and amendment as fall 
 within the jurisdiction of that committee pursuant to clause 11(b) of 
                                 rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 Reported from the Committee on Energy and Commerce, with an amendment
   [Strike out all after the enacting clause and the part printed in 
         italic, and insert the part printed in boldface roman]

                              May 13, 2005

    Reported from the Committee on the Judiciary, with an amendment
   [Strike out all after the enacting clause and the part printed in 
        italic, and insert the part printed in boldface italic]

                              May 13, 2005

   The Committees on Government Reform, Science, Transportation and 
 Infrastructure, Ways and Means, and the Permanent Select Committee on 
Intelligence discharged; committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               26, 2005]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

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

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

               <DELETED>Subtitle A--Terrorism Prevention

<DELETED>Sec. 201. Terrorism Prevention Plan and related budget 
                            submission.
<DELETED>Sec. 202. Consolidated background check process.
<DELETED>Subtitle B--Homeland Security Information Sharing and Analysis 
                              Enhancement

<DELETED>Sec. 211. Short title.
<DELETED>Sec. 212. Provision of terrorism-related information to 
                            private sector officials.
<DELETED>Sec. 213. Analytic expertise on the threats from biological 
                            agents and nuclear weapons.
<DELETED>Sec. 214. Alternative analysis of homeland security 
                            information.
<DELETED>Sec. 215. Assignment of information analysis and 
                            infrastructure protection functions.
<DELETED>Sec. 216. Authority for disseminating homeland security 
                            information.
<DELETED>Sec. 217. 9/11 Memorial Homeland Security Fellows Program.
<DELETED>Sec. 218. Access to nuclear terrorism-related information.
<DELETED>Sec. 219. Access of Assistant Secretary for Information 
                            Analysis to terrorism information.
<DELETED>Sec. 220. Administration of the Homeland Security Information 
                            Network.
<DELETED>Sec. 221. IAIP personnel recruitment.
<DELETED>Sec. 222. Information collection requirements and priorities.
<DELETED>Sec. 223. Homeland Security Advisory System.
<DELETED>Sec. 224. Use of open-source information.
<DELETED>Sec. 225. Full and efficient use of open-source information.
        <DELETED>TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

            <DELETED>Subtitle A--Preparedness and Protection

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

<DELETED>Sec. 311. Short title.
<DELETED>Sec. 312. Assistant Secretary for Cybersecurity.
<DELETED>Sec. 313. Cybersecurity defined.
<DELETED>Sec. 314. Cybersecurity training programs and equipment.
<DELETED>Sec. 315. Information security requirements and OMB 
                            responsibilities not affected.
     <DELETED>Subtitle C--Security of public transportation systems

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

<DELETED>Sec. 331. Critical infrastructure.
<DELETED>Sec. 332. Security review.
<DELETED>Sec. 333. Implementation report.
<DELETED>Sec. 334. Protection of information.
                    <DELETED>TITLE IV--MISCELLANEOUS

<DELETED>Sec. 401. Border security and enforcement coordination and 
                            operations.
<DELETED>Sec. 402. GAO report to Congress.
<DELETED>Sec. 403. Plan for establishing consolidated and colocated 
                            regional offices.
<DELETED>Sec. 404. Plan to reduce wait times.
<DELETED>Sec. 405. Denial of transportation security card.
<DELETED>Sec. 406. Transfer of existing Customs Patrol Officers unit 
                            and establishment of new CPO units in the 
                            Bureau of Immigration and Customs 
                            Enforcement.

      <DELETED>TITLE I--AUTHORIZATION OF APPROPRIATIONS</DELETED>

<DELETED>SEC. 101. DEPARTMENT OF HOMELAND SECURITY.</DELETED>

<DELETED>     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.</DELETED>

<DELETED>SEC. 102. BORDER PATROL AGENTS.</DELETED>

<DELETED>     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.</DELETED>

<DELETED>SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS.</DELETED>

<DELETED>     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--</DELETED>
        <DELETED>    (1) $44,895,000 is authorized for the Department 
        of Homeland Security Regions Initiative;</DELETED>
        <DELETED>    (2) $4,459,000 is authorized for Operation 
        Integration Staff; and</DELETED>
        <DELETED>    (3) $56,278,000 is authorized for Office of 
        Security initiatives.</DELETED>

<DELETED>SEC. 104. CRITICAL INFRASTRUCTURE GRANTS.</DELETED>

<DELETED>     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.</DELETED>

<DELETED>SEC. 105. RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>     Of the amount authorized under section 101, there are 
authorized to be appropriated for fiscal year 2006--</DELETED>
        <DELETED>    (1) $76,573,000 to support chemical countermeasure 
        development activities of the Directorate of Science and 
        Technology;</DELETED>
        <DELETED>    (2) $197,314,000 to support a nuclear detection 
        office and related activities of such directorate;</DELETED>
        <DELETED>    (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 noncommercial aircraft-based technologies; 
        and</DELETED>
        <DELETED>    (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.).</DELETED>

<DELETED>SEC. 106. BORDER AND TRANSPORTATION SECURITY.</DELETED>

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

<DELETED>SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS.</DELETED>

<DELETED>    Of the amount authorized under section 101, there is 
authorized to be appropriated for fiscal year 2006--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) $1,000,000,000 for discretionary grants for 
        high-threat, high-density urban areas awarded by the Office of 
        State and Local Government Coordination and 
        Preparedness.</DELETED>

<DELETED>SEC. 108. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING OF 
              STATE AND LOCAL PERSONNEL IN BORDER STATES PERFORMING 
              IMMIGRATION FUNCTIONS.</DELETED>

<DELETED>    (a) In General.--To carry out subsection (b), subject to 
such limitations as may be provided in Acts making appropriations for 
Management and Administration for U.S. Immigration and Customs 
Enforcement, there are authorized to be appropriated from such amounts 
$40,000,000 for fiscal year 2006, to remain available until September 
30, 2007, for the purpose of enhancing the integrity of the border 
security system of the United States against the threat of 
terrorism.</DELETED>
<DELETED>    (b) Use of Funds.--From amounts made available under 
subsection (a), the Secretary of Homeland Security may reimburse a 
State or political subdivision described in subsection (c) for the 
expenses described in subsection (d).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) contains a location that is 30 miles or less 
        from a border or coastline of the United States;</DELETED>
        <DELETED>    (2) 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</DELETED>
        <DELETED>    (3) desires such officers or employees to receive 
        training from the Department of Homeland Security in relation 
        to such functions.</DELETED>
<DELETED>    (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)(3) to take place, including expenses such as the 
following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) A per diem allowance paid instead of actual 
        expenses for subsistence and fees or tips to porters and 
        stewards.</DELETED>
        <DELETED>    (4) Costs of securing temporary replacements for 
        personnel traveling to, and participating in, the 
        training.</DELETED>

<DELETED>TITLE II--TERRORISM PREVENTION, INFORMATION SHARING, AND RISK 
                          ASSESSMENT</DELETED>

          <DELETED>Subtitle A--Terrorism Prevention</DELETED>

<DELETED>SEC. 201. TERRORISM PREVENTION PLAN AND RELATED BUDGET 
              SUBMISSION.</DELETED>

<DELETED>    (a) Department of Homeland Security Terrorism Prevention 
Plan.--</DELETED>
        <DELETED>    (1) Requirements.--Not later than 1 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.</DELETED>
        <DELETED>    (2) Contents.--The Secretary shall include in the 
        Plan the following elements:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Identification of the most significant 
                current, evolving, and long-term terrorist threats to 
                the United States and its interests, including an 
                evaluation of--</DELETED>
                        <DELETED>    (i) the materials that may be used 
                        to carry out a potential attack;</DELETED>
                        <DELETED>    (ii) the methods that may be used 
                        to carry out a potential attack; and</DELETED>
                        <DELETED>    (iii) the outcome the perpetrators 
                        of acts of terrorism aim to achieve.</DELETED>
                <DELETED>    (C) A prioritization of the threats 
                identified under subparagraph (B), based on an 
                assessment of probability and consequence of such 
                attacks.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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 
                counterterrorism responsibilities; integrates the 
                Department's information collection and analysis 
                functions; and disseminates this information to its 
                operational units, as appropriate.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (I) Such other terrorism prevention-
                related elements as the Secretary considers 
                appropriate.</DELETED>
        <DELETED>    (3) Consultation.--In formulating the Plan the 
        Secretary shall consult with--</DELETED>
                <DELETED>    (A) the Director of National 
                Intelligence;</DELETED>
                <DELETED>    (B) the Director of the National Counter 
                Terrorism Center;</DELETED>
                <DELETED>    (C) the Attorney General;</DELETED>
                <DELETED>    (D) the Director of the Federal Bureau of 
                Investigation;</DELETED>
                <DELETED>    (E) the Secretary of Defense;</DELETED>
                <DELETED>    (F) the Secretary of State;</DELETED>
                <DELETED>    (G) the Secretary of Energy;</DELETED>
                <DELETED>    (H) the Secretary of the Treasury; 
                and</DELETED>
                <DELETED>    (I) the heads of other Federal agencies 
                and State, county, and local law enforcement agencies 
                as the Secretary considers appropriate.</DELETED>
        <DELETED>    (4) Classification.--The Secretary shall prepare 
        the Plan in both classified and nonclassified forms.</DELETED>
<DELETED>    (b) Annual Crosscutting Analysis of Proposed Funding for 
Department of Homeland Security Programs.--</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) To prevent terrorist attacks within 
                the United States.</DELETED>
                <DELETED>    (B) To reduce the vulnerability of the 
                United States to terrorism.</DELETED>
                <DELETED>    (C) To minimize the damage, and assist in 
                the recovery, from terrorist attacks that do occur 
                within the United States.</DELETED>
                <DELETED>    (D) To carry out all functions of the 
                agencies and subdivisions within the Department that 
                are not related directly to homeland 
                security.</DELETED>
        <DELETED>    (2) Funding analysis of multipurpose 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.</DELETED>
        <DELETED>    (3) Included terrorism prevention activities.--The 
        analysis required under paragraph (1)(A) shall include the 
        following activities (among others) of the 
        Department:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Investigative activities and 
                intelligence operations to detect and prevent the 
                introduction of weapons of mass destruction into the 
                United States.</DELETED>
                <DELETED>    (D) Initiatives to detect potential, or 
                the early stages of actual, biological, chemical, 
                radiological, or nuclear attacks.</DELETED>
                <DELETED>    (E) Screening individuals against 
                terrorist watch lists.</DELETED>
                <DELETED>    (F) Screening cargo to identify and 
                segregate high-risk shipments.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (H) Initiatives, including law enforcement 
                and intelligence operations, to preempt, disrupt, and 
                deter acts of terrorism overseas intended to strike the 
                United States.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Included Programs.--The process established under 
subsection (a) shall be sufficient to meet the security requirements of 
all applicable Departmental programs, including--</DELETED>
        <DELETED>    (1) the Transportation Worker Identification 
        Credential;</DELETED>
        <DELETED>    (2) the Hazmat Endorsement Credential;</DELETED>
        <DELETED>    (3) the Free and Secure Trade program;</DELETED>
        <DELETED>    (4) the NEXUS and SENTRI border crossing 
        programs;</DELETED>
        <DELETED>    (5) the Registered Traveler program of the 
        Transportation Security Administration; and</DELETED>
        <DELETED>    (6) any other similar program or credential 
        considered appropriate for inclusion by the 
        Secretary.</DELETED>
<DELETED>    (c) Features of Process.--The process established under 
subsection (a) shall include the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Standards and procedures for protecting 
        individual privacy, confidentiality, record retention, and 
        addressing other concerns relating to information 
        security.</DELETED>
<DELETED>    (d) Deadlines.--The Secretary of Homeland Security shall--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) begin implementing such process by not later 
        than 12 months after the date of the enactment of this 
        Act.</DELETED>
<DELETED>    (e) Relationship to Other Laws.--(1) Nothing in this 
section affects any statutory requirement relating to the operation of 
the programs described in subsection (b).</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>Subtitle B--Homeland Security Information Sharing and Analysis 
                         Enhancement</DELETED>

<DELETED>SEC. 211. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 212. PROVISION OF TERRORISM-RELATED INFORMATION TO 
              PRIVATE SECTOR OFFICIALS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BIOLOGICAL 
              AGENTS AND NUCLEAR WEAPONS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY 
              INFORMATION.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY 
              INFORMATION.</DELETED>

<DELETED>    ``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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 203. Alternative analysis of homeland security 
                            information.''.

<DELETED>SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND 
              INFRASTRUCTURE PROTECTION FUNCTIONS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(4) Assignment of specific functions.--The Under 
        Secretary for Information Analysis and Infrastructure 
        Protection--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(C) 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), (17), 
                and (19) of subsection (d);</DELETED>
                <DELETED>    ``(D) may assign to each such Assistant 
                Secretary such other duties relating to such 
                responsibilities as the Under Secretary may 
                provide;</DELETED>
                <DELETED>    ``(E) shall direct each such Assistant 
                Secretary to coordinate with Federal, State, and local 
                law enforcement agencies, and with tribal and private 
                sector entities, as appropriate; and</DELETED>
                <DELETED>    ``(F) shall direct the Assistant Secretary 
                for Information Analysis to coordinate with elements of 
                the intelligence community, as 
                appropriate.''.</DELETED>

<DELETED>SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY 
              INFORMATION.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY 
              INFORMATION.</DELETED>

<DELETED>    ``(a) Primary Authority.--Except as provided in subsection 
(b), the Secretary shall be the executive branch official responsible 
for disseminating homeland security information to State and local 
government and tribal officials and the private sector.</DELETED>
<DELETED>    ``(b) Prior Approval Required.--No Federal official may 
disseminate any homeland security information, as defined in section 
892(f)(1), to State, local, tribal, or private sector officials without 
the Secretary's prior approval, except--</DELETED>
        <DELETED>    ``(1) in exigent circumstances under which it is 
        essential that the information be communicated immediately; 
        or</DELETED>
        <DELETED>    ``(2) when such information 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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 104. Authority for disseminating homeland security 
                            information.''.

<DELETED>SEC. 217. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS 
              PROGRAM.</DELETED>

<DELETED>    (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:</DELETED>

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

<DELETED>    ``(a) Establishment.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the mission and capabilities of that 
                Center; and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Program name.--The program under this 
        section shall be known as the 9/11 Memorial Homeland Security 
        Fellows Program.</DELETED>
<DELETED>    ``(b) Eligibility.--In order to be eligible for selection 
as a fellow under the program, an individual must--</DELETED>
        <DELETED>    ``(1) have homeland security-related 
        responsibilities; and</DELETED>
        <DELETED>    ``(2) possess an appropriate national security 
        clearance.</DELETED>
<DELETED>    ``(c) Limitations.--The Secretary--</DELETED>
        <DELETED>    ``(1) may conduct up to 4 iterations of the 
        program each year, each of which shall be 90 days in duration; 
        and</DELETED>
        <DELETED>    ``(2) shall ensure that the number of fellows 
        selected for each iteration does not impede the activities of 
        the Center.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Stipend.--During the period of the fellowship of an 
individual under the program, the Secretary shall, subject to the 
availability of appropriations--</DELETED>
        <DELETED>    ``(1) provide to the individual a stipend to cover 
        the individual's reasonable living expenses during the period 
        of the fellowship; and</DELETED>
        <DELETED>    ``(2) reimburse the individual for round-trip, 
        economy fare travel to and from the individual's place of 
        residence twice each month.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED 
              INFORMATION.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(22) To ensure that--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) such information is--</DELETED>
                        <DELETED>    ``(i) integrated and analyzed 
                        comprehensively; and</DELETED>
                        <DELETED>    ``(ii) disseminated in a timely 
                        manner, including to appropriately cleared 
                        State, local, tribal, and private sector 
                        officials; and</DELETED>
                <DELETED>    ``(C) such information is used to 
                determine what requests the Department should submit 
                for collection of additional information relating to 
                that threat.''.</DELETED>

<DELETED>SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFORMATION 
              ANALYSIS TO TERRORISM INFORMATION.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(23) To ensure that the Assistant Secretary for 
        Information Analysis--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) to the extent technologically 
                feasible has direct access to all databases of any 
                component of the Department that may contain such 
                information.''.</DELETED>

<DELETED>SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY INFORMATION 
              NETWORK.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(24) To administer the homeland security 
        information network, including--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 221. IAIP PERSONNEL RECRUITMENT.</DELETED>

<DELETED>    (a) In General.--Chapter 97 of title 5, United States 
Code, is amended by adding after section 9701 the following:</DELETED>
<DELETED>``Sec. 9702. Recruitment bonuses</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is within the Directorate for Information 
        Analysis and Infrastructure Protection; and</DELETED>
        <DELETED>    ``(2) would be difficult to fill in the absence of 
        such a bonus.</DELETED>
<DELETED>In determining which individuals are to receive bonuses under 
this section, appropriate consideration shall be given to the 
Directorate's critical need for linguists.</DELETED>
<DELETED>    ``(b) Bonus Amount, Form, Etc.--</DELETED>
        <DELETED>    ``(1) In general.--The amount of a bonus under 
        this section shall be determined under regulations of the 
        Secretary of Homeland Security, but may not exceed 50 percent 
        of the annual rate of basic pay of the position 
        involved.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the period of service the individual shall 
        be required to complete in return for the bonus; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Eligibility.--A bonus under this section may not be 
paid to recruit an individual for--</DELETED>
        <DELETED>    ``(1) a position to which an individual is 
        appointed by the President, by and with the advice and consent 
        of the Senate;</DELETED>
        <DELETED>    ``(2) a position in the Senior Executive Service 
        as a noncareer appointee (as defined under section 3132(a)); 
        or</DELETED>
        <DELETED>    ``(3) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating 
        character.</DELETED>
<DELETED>    ``(e) Termination.--The authority to pay bonuses under 
this section shall terminate on September 30, 2008.</DELETED>
<DELETED>``Sec. 9703. Reemployed annuitants</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 9704. Regulations</DELETED>
<DELETED>    ``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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``9702. Recruitment bonuses.
<DELETED>``9703. Reemployed annuitants.
<DELETED>``9704. Regulations.''.

<DELETED>SEC. 222. INFORMATION COLLECTION REQUIREMENTS AND 
              PRIORITIES.</DELETED>

<DELETED>    (a) In General.--Section 102 of the Homeland Security Act 
of 2002 (6 U.S.C. 112) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (e), (f), and 
        (g), as subsections (f), (g), and (h), respectively; 
        and</DELETED>
        <DELETED>    (2) by inserting after subsection (d) the 
        following new subsection (e):</DELETED>
<DELETED>    ``(e) Participation in Foreign Collection Requirements and 
Management Processes.--The Secretary shall be a member of any Federal 
Government interagency board, established by Executive order or any 
other binding interagency directive, that is responsible for 
establishing foreign collection information requirements and priorities 
for estimative analysis.''.</DELETED>
<DELETED>    (b) Homeland Security Information Requirements Board.--
</DELETED>
        <DELETED>    (1) In general.--Title I of such Act (6 U.S.C. 111 
        et seq.) is further amended by adding at the end the following 
        new section:</DELETED>

<DELETED>``SEC. 105. HOMELAND SECURITY INFORMATION REQUIREMENTS 
              BOARD.</DELETED>

<DELETED>    ``(a) Establishment of Board.--There is established an 
interagency Homeland Security Information Requirements Board 
(hereinafter in this section referred to as the `Information 
Requirements Board').</DELETED>
<DELETED>    ``(b) Membership.--The following officials are members of 
the Information Requirements Board:</DELETED>
        <DELETED>    ``(1) The Secretary of Homeland Security, who 
        shall serve as the Chairman of the Information Requirements 
        Board.</DELETED>
        <DELETED>    ``(2) The Attorney General.</DELETED>
        <DELETED>    ``(3) The Secretary of Commerce.</DELETED>
        <DELETED>    ``(4) The Secretary of the Treasury.</DELETED>
        <DELETED>    ``(5) The Secretary of Defense.</DELETED>
        <DELETED>    ``(6) The Secretary of Energy.</DELETED>
        <DELETED>    ``(7) The Secretary of State.</DELETED>
        <DELETED>    ``(8) The Secretary of the Interior.</DELETED>
        <DELETED>    ``(9) The Director of National 
        Intelligence.</DELETED>
        <DELETED>    ``(10) The Director of the Federal Bureau of 
        Investigation.</DELETED>
        <DELETED>    ``(11) The Director of the National 
        Counterterrorism Center.</DELETED>
        <DELETED>    ``(12) The Chief Privacy Officer of the Department 
        of Homeland Security.</DELETED>
<DELETED>    ``(c) Functions.--</DELETED>
        <DELETED>    ``(1) Oversight of homeland security 
        requirements.--The Information Requirements Board shall oversee 
        the process for establishing homeland security requirements and 
        collection management for all terrorism-related information and 
        all other homeland security information (as defined in section 
        892(f)(1)) collected within the United States.</DELETED>
        <DELETED>    ``(2) Determination of collection priorities.--The 
        Information Requirements Board shall--</DELETED>
                <DELETED>    ``(A) determine the domestic information 
                collection requirements for information relevant to the 
                homeland security mission; and</DELETED>
                <DELETED>    ``(B) prioritize the collection and use of 
                such information.</DELETED>
        <DELETED>    ``(3) Coordination of collection requirements and 
        management activities.--</DELETED>
                <DELETED>    ``(A) Coordination with counterpart 
                agencies.--The Chairman shall ensure that the 
                Information Requirements Board carries out its 
                activities in a manner that is fully coordinated with 
                the Board's counterpart entities.</DELETED>
                <DELETED>    ``(B) Participation of counterpart 
                entities.--The Chairman and the Director of National 
                Intelligence shall ensure that each counterpart 
                entity--</DELETED>
                        <DELETED>    ``(i) has at least one 
                        representative on the Information Requirement 
                        Board and on every subcomponent of the Board; 
                        and</DELETED>
                        <DELETED>    ``(ii) meets jointly with the 
                        Information Requirements Board (and, as 
                        appropriate, with any subcomponent of the 
                        Board) as often as the Chairman and the 
                        Director of National Intelligence determine 
                        appropriate.</DELETED>
                <DELETED>    ``(C) Counterpart entity defined.--In this 
                section, the term `counterpart entity' means an entity 
                of the Federal Government that is responsible for 
                foreign intelligence collection requirements and 
                management.</DELETED>
<DELETED>    ``(d) Meetings.--</DELETED>
        <DELETED>    ``(1) In general.--The Information Requirements 
        Board shall meet regularly at such times and places as its 
        Chairman may direct.</DELETED>
        <DELETED>    ``(2) Invited representatives.--The Chairman may 
        invite representatives of Federal agencies not specified in 
        subsection (b) to attend meetings of the Information 
        Requirements Board.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents in 
        section 1(b) of such Act is further amended by inserting after 
        the item relating to section 104 the following new 
        item:</DELETED>

<DELETED>``Sec. 105. Homeland Security Information Requirements 
                            Board.''.

<DELETED>SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM.</DELETED>

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

<DELETED>``SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Required Elements.--The Under Secretary, under the 
System--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 205. Homeland Security Advisory System.''.

<DELETED>SEC. 224. USE OF OPEN-SOURCE INFORMATION.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(25) To ensure that, whenever possible--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE 
              INFORMATION.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE 
              INFORMATION.</DELETED>

<DELETED>    ``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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

   <DELETED>TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION</DELETED>

       <DELETED>Subtitle A--Preparedness and Protection</DELETED>

<DELETED>SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) National Terrorism Exercise Program.--</DELETED>
        <DELETED>    (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:</DELETED>

   <DELETED>``Subtitle J--Terrorism Preparedness Exercises</DELETED>

<DELETED>``SEC. 899A. NATIONAL TERRORISM EXERCISE PROGRAM.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) enhances coordination for terrorism 
        preparedness between all levels of government, emergency 
        response providers, international governments and 
        organizations, and the private sector;</DELETED>
        <DELETED>    ``(2) is--</DELETED>
                <DELETED>    ``(A) multidisciplinary in nature, 
                including, as appropriate, information analysis and 
                cybersecurity components;</DELETED>
                <DELETED>    ``(B) as realistic as practicable and 
                based on current risk assessments, including credible 
                threats, vulnerabilities, and consequences;</DELETED>
                <DELETED>    ``(C) carried out with the minimum degree 
                of notice to involved parties regarding the timing and 
                details of such exercises, consistent with safety 
                considerations;</DELETED>
                <DELETED>    ``(D) evaluated against performance 
                measures and followed by corrective action to solve 
                identified deficiencies; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) assists State, territorial, local, and 
        tribal governments with the design, implementation, and 
        evaluation of exercises that--</DELETED>
                <DELETED>    ``(A) conform to the requirements of 
                paragraph (2); and</DELETED>
                <DELETED>    ``(B) are consistent with any applicable 
                State homeland security strategy or plan.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) involving top officials from Federal, State, 
        territorial, local, tribal, and international governments, as 
        the Secretary considers appropriate;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) Federal, State, and local first responder 
        training institutions;</DELETED>
        <DELETED>    ``(2) representatives of emergency response 
        providers; and</DELETED>
        <DELETED>    ``(3) State and local officials with an expertise 
        in terrorism preparedness.''.</DELETED>
        <DELETED>    (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:</DELETED>

        <DELETED>``Subtitle J--Terrorism Preparedness Exercises

<DELETED>``Sec. 899a. National terrorism exercise program.''.
<DELETED>    (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--</DELETED>
        <DELETED>    (1) involving top officials from Federal, State, 
        territorial, local, tribal, and international governments; 
        and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Transfer Program.--Section 313 of the Homeland 
Security Act of 2002 (6 U.S.C. 193) is amended--</DELETED>
        <DELETED>    (1) by adding at the end of subsection (b) the 
        following new paragraph:</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) by redesignating subsection (c) as subsection 
        (d); and</DELETED>
        <DELETED>    (3) by inserting after subsection (b) the 
        following new subsection:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) in consultation with the other Under 
        Secretaries of the Department and the Director of the Office 
        for Domestic Preparedness, on an ongoing basis--</DELETED>
                <DELETED>    ``(A) conduct surveys and reviews of 
                available appropriate technologies that have been, or 
                are in the process of being developed, tested, 
                evaluated, or demonstrated by the Department, other 
                Federal agencies, or the private sector or foreign 
                governments and international organizations and that 
                may be useful in assisting Federal, State, and local 
                governmental agencies, emergency response providers, or 
                the private sector to prevent, prepare for, or respond 
                to acts of terrorism;</DELETED>
                <DELETED>    ``(B) conduct or support research, 
                development, tests, and evaluations, as appropriate of 
                technologies identified under subparagraph (A), 
                including any necessary modifications to such 
                technologies for antiterrorism use;</DELETED>
                <DELETED>    ``(C) communicate 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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) identify priorities based on current 
                risk assessments within the Department of Homeland 
                Security for identifying, researching, developing, 
                testing, evaluating, modifying, and fielding existing 
                technologies for antiterrorism purposes;</DELETED>
        <DELETED>    ``(2) in support of the activities described in 
        paragraph (1)--</DELETED>
                <DELETED>    ``(A) consult with Federal, State, and 
                local emergency response providers;</DELETED>
                <DELETED>    ``(B) consult with government agencies and 
                nationally recognized standards development 
                organizations as appropriate;</DELETED>
                <DELETED>    ``(C) 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; and</DELETED>
                <DELETED>    ``(D) 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</DELETED>
        <DELETED>    ``(3) 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--</DELETED>
                <DELETED>    ``(A) representatives from the Department 
                of Defense or retired military officers;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) Federal, State, and local emergency 
                response providers; and</DELETED>
                <DELETED>    ``(D) to the extent the Secretary 
                considers appropriate, other organizations, other 
                interested Federal, State, and local agencies, and 
                other interested persons.''.</DELETED>
<DELETED>    (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 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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY.</DELETED>

<DELETED>    The Secretary of Homeland Security shall establish a 
university-based Center for Excellence for Border Security following 
the merit-review processes and procedures that have been established 
for selecting 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, including 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.</DELETED>

<DELETED>SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER SECURITY 
              INITIATIVE (CSI).</DELETED>

<DELETED>    (a) Risk Assessment and Designation of New Foreign 
Seaports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Designation.--The Secretary is authorized to 
        designate a foreign seaport as a port under CSI on or after the 
        date of the enactment of this Act only if the Secretary 
        determines, based on a risk assessment under paragraph (1) and 
        a cost-benefit analysis, that the benefits of designating such 
        port outweigh the cost of expanding the program to such 
        port.</DELETED>
<DELETED>    (b) Deployment of Inspection Equipment to New CSI Ports.--
</DELETED>
        <DELETED>    (1) Deployment.--The Secretary is authorized to 
        assist in the loaning of nonintrusive inspection equipment for 
        cargo containers, on a nonreimbursable basis, at each CSI port 
        designated under subsection (a)(2) and provide training for 
        personnel at the CSI port to operate the nonintrusive 
        inspection equipment.</DELETED>
        <DELETED>    (2) Additional requirements.--The Secretary shall 
        establish technical capability requirements and standard 
        operating procedures for nonintrusive 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.</DELETED>
<DELETED>    (c) Deployment of Personnel to New CSI Ports; Reevaluation 
of Personnel at All CSI Ports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Reevaluation.--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.</DELETED>
<DELETED>    (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 CSI personnel and 
such personnel verify and electronically record that the inspection 
indicates that the containers have not been compromised by terrorists 
or terrorist weapons.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) establish security criteria to identify high-
        risk maritime cargo containers bound for the United States 
        based on advance information; and</DELETED>
        <DELETED>    (2) screen or inspect such maritime cargo 
        containers for potential compromise by terrorists or terrorist 
        weapons prior to shipment to the United States.</DELETED>

<DELETED>SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.</DELETED>

<DELETED>    (a) Regulations.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall issue regulations for the security of maritime 
        cargo containers moving within the intermodal transportation 
        system in accordance with the requirements of paragraph 
        (2).</DELETED>
        <DELETED>    (2) Requirements.--The regulations issued pursuant 
        to paragraph (1) shall be in accordance with recommendations of 
        the Maritime Transportation Security Act Subcommittee of the 
        Advisory Committee on Commercial Operations of the Department 
        of Homeland Security, including recommendations relating to 
        obligation to seal, recording of seal changes, modal changes, 
        seal placement, ocean carrier seal verification, and addressing 
        seal anomalies.</DELETED>
<DELETED>    (b) International Agreements.--The Secretary 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)(2).</DELETED>
<DELETED>    (c) Container Targeting Strategy.--</DELETED>
        <DELETED>    (1) Strategy.--The Secretary shall develop a 
        strategy to improve the ability of the Department of Homeland 
        Security to use information contained in shipping bills of 
        lading to identify and provide additional review of anomalies 
        in such bills of lading. The strategy shall include a method of 
        contacting shippers in a timely fashion to verify or explain 
        any anomalies in shipping bills of lading.</DELETED>
        <DELETED>    (2) Report.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        appropriate congressional committees a report on the 
        implementation of this subsection, including information on any 
        data searching technologies that will be used to implement the 
        strategy.</DELETED>
<DELETED>    (d) Container Security Demonstration Program.--</DELETED>
        <DELETED>    (1) Program.--The Secretary is authorized to 
        establish and carry out a demonstration program that integrates 
        nonintrusive inspection equipment, including radiation 
        detection equipment and gamma ray inspection equipment, at an 
        appropriate United States seaport, as determined by the 
        Secretary.</DELETED>
        <DELETED>    (2) Requirement.--The demonstration program shall 
        also evaluate automatic identification methods for containers 
        and vehicles and a data sharing network capable of transmitting 
        inspection data between ports and appropriate entities within 
        the Department of Homeland Security.</DELETED>
        <DELETED>    (3) Report.--Upon completion of the demonstration 
        program, the Secretary shall submit to the appropriate 
        congressional committees a report on the implementation of this 
        subsection.</DELETED>
<DELETED>    (e) Consolidation of Container Security Programs.--The 
Secretary shall consolidate all programs of the Department of Homeland 
Security relating to the security of maritime cargo containers, 
including the demonstration program established pursuant to subsection 
(d), to achieve enhanced coordination and efficiency.</DELETED>

<DELETED>SEC. 307. SECURITY PLAN FOR GENERAL AVIATION AT RONALD REAGAN 
              WASHINGTON NATIONAL AIRPORT.</DELETED>

<DELETED>    Not later than 180 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).</DELETED>

<DELETED>SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE.</DELETED>

<DELETED>    (a) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Many jurisdictions across the country still 
        experience difficulties communicating that may contribute to 
        confusion, delays, or added risks when responding to an 
        emergency.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Establishing a comprehensive national approach 
        to achieving public safety interoperable 
        communications.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Providing technical assistance to additional 
        urban and other high-risk areas to support the establishment of 
        consistent, secure, and effective interoperable communications 
        capabilities.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF 
              RECOMMENDATIONS REGARDING PROTECTION OF 
              AGRICULTURE.</DELETED>

<DELETED>    The Secretary of Homeland Security shall report to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
by no later than 120 days after the date of the enactment of this Act 
regarding how the Department of Homeland Security will implement the 
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).</DELETED>

  <DELETED>Subtitle B--Department of Homeland Security Cybersecurity 
                         Enhancement</DELETED>

<DELETED>SEC. 311. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Responsibilities.--The responsibilities of the 
Assistant Secretary shall include the following:</DELETED>
        <DELETED>    ``(1) To establish and manage--</DELETED>
                <DELETED>    ``(A) a national cybersecurity response 
                system that includes the ability to--</DELETED>
                        <DELETED>    ``(i) analyze the effect of 
                        cybersecurity threat information on national 
                        critical infrastructure; and</DELETED>
                        <DELETED>    ``(ii) aid in the detection and 
                        warning of attacks on, and in the restoration 
                        of, cybersecurity infrastructure in the 
                        aftermath of such attacks;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) a government cybersecurity program 
                to coordinate and consult with Federal, State, and 
                local governments to enhance their cybersecurity 
                programs; and</DELETED>
                <DELETED>    ``(E) a national security and 
                international cybersecurity cooperation program to help 
                foster Federal efforts to enhance international 
                cybersecurity awareness and cooperation.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) To coordinate with other directorates and 
        offices within the Department on the cybersecurity aspects of 
        their missions.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) To develop processes for information sharing 
        with the private sector, consistent with section 214, that--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) consider roles of Federal, State, 
                local, and foreign governments and the private sector, 
                including the insurance industry and 
                auditors.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) To consult with the Electronic Crimes Task 
        Force of the United States Secret Service on private sector 
        outreach and information activities.</DELETED>
        <DELETED>    ``(8) To consult with the Office for Domestic 
        Preparedness to ensure that realistic cybersecurity scenarios 
        are incorporated into tabletop and recovery 
        exercises.</DELETED>
        <DELETED>    ``(9) To consult and coordinate, as appropriate, 
        with other Federal agencies on cybersecurity-related programs, 
        policies, and operations.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Authority Over the National Communications System.--
The Assistant Secretary shall have primary authority within the 
Department over the National Communications System.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 207. Assistant Secretary for Cybersecurity.''.

<DELETED>SEC. 313. CYBERSECURITY DEFINED.</DELETED>

<DELETED>    Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(B) In this paragraph--</DELETED>
                <DELETED>    ``(i) each of the terms `damage' and 
                `computer' has the meaning that term has in section 
                1030 of title 18, United States Code; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 314. CYBERSECURITY TRAINING PROGRAMS AND 
              EQUIPMENT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the establishment or expansion of 
        cybersecurity professional development programs;</DELETED>
        <DELETED>    (2) the establishment or expansion of associate 
        degree programs in cybersecurity; and</DELETED>
        <DELETED>    (3) the purchase of equipment to provide training 
        in cybersecurity for either professional development programs 
        or degree programs.</DELETED>
<DELETED>    (b) Roles.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Funding.--The Secretary shall transfer to the 
        National Science Foundation the funds necessary to carry out 
        this section.</DELETED>
<DELETED>    (c) Grant Awards.--</DELETED>
        <DELETED>    (1) Peer review.--All grant awards under this 
        section shall be made on a competitive, merit-reviewed 
        basis.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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)).</DELETED>

<DELETED>SEC. 315. INFORMATION SECURITY REQUIREMENTS AND OMB 
              RESPONSIBILITIES NOT AFFECTED.</DELETED>

<DELETED>    (a) In General.--This subtitle does not affect--</DELETED>
        <DELETED>    (1) any information security requirement under any 
        other Federal law; or</DELETED>
        <DELETED>    (2) the responsibilities of the Director of the 
        Office of Management and Budget under any other Federal 
        law.</DELETED>
<DELETED>    (b) Laws Included.--The laws referred to in subsection (a) 
include the following:</DELETED>
        <DELETED>    (1) Chapter 35 of title 44, United States Code, 
        popularly known as the Paperwork Reduction Act.</DELETED>
        <DELETED>    (2) The Clinger-Cohen Act of 1996 (divisions D and 
        E of Public Law 104-106), including the provisions of law 
        enacted by amendments made by that Act.</DELETED>
        <DELETED>    (3) The Federal Information Security Management 
        Act of 2002 (title III of Public Law 107-347), including the 
        provisions of law enacted by amendments made by that 
        Act.</DELETED>

        <DELETED>Subtitle C--Security of Public Transportation 
                           Systems</DELETED>

<DELETED>SEC. 321. SECURITY BEST PRACTICES.</DELETED>

<DELETED>    Not later than 120 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall develop, disseminate 
to appropriate owners, operators, and providers of public 
transportation systems, public transportation employees and employee 
representatives, and Federal, State, and local officials, and transmit 
to Congress, a report containing best practices for the security of 
public transportation systems. In developing best practices, the 
Secretary shall be responsible for consulting with and collecting input 
from owners, operators, and providers of public transportation systems, 
public transportation employee representatives, first responders, 
industry associations, private sector experts, academic experts, and 
appropriate Federal, State, and local officials.</DELETED>

<DELETED>SEC. 322. PUBLIC AWARENESS.</DELETED>

<DELETED>    Not later than 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall develop a national plan 
for public outreach and awareness. Such plan shall be designed to 
increase awareness of measures that the general public, public 
transportation passengers, and public transportation employees can take 
to increase public transportation system security. Such plan shall also 
provide outreach to owners, operators, providers, and employees of 
public transportation systems to improve their awareness of available 
technologies, ongoing research and development efforts, and available 
Federal funding sources to improve public transportation security. Not 
later than 9 months after the date of enactment of this Act, the 
Secretary shall implement the plan developed under this 
section.</DELETED>

 <DELETED>Subtitle D--Critical Infrastructure Prioritization</DELETED>

<DELETED>SEC. 331. CRITICAL INFRASTRUCTURE.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The likelihood that an attack would cause the 
        destruction or significant disruption of such 
        infrastructure.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Cooperation.--Such prioritization shall be developed 
in cooperation with other relevant Federal agencies, State, local, and 
tribal governments, and the private sector, as appropriate.</DELETED>

<DELETED>SEC. 332. SECURITY REVIEW.</DELETED>

<DELETED>    (a) Requirement.--Not later than 9 months after the date 
of the enactment of this Act, the Secretary, in coordination with other 
relevant Federal agencies, State, local, and tribal governments, and 
the private sector, as appropriate, shall--</DELETED>
        <DELETED>    (1) review existing Federal, State, local, tribal, 
        and private sector plans for securing the critical 
        infrastructure included in the prioritization developed under 
        section 331;</DELETED>
        <DELETED>    (2) recommend changes to existing plans for 
        securing such infrastructure, as the Secretary determines 
        necessary; and</DELETED>
        <DELETED>    (3) coordinate and contribute to protective 
        efforts of other Federal, State, local, and tribal agencies and 
        the private sector, as appropriate, as directed in Homeland 
        Security Presidential Directive 7.</DELETED>
<DELETED>    (b) Contents of Plans.--The recommendations made under 
subsection (a)(2) shall include--</DELETED>
        <DELETED>    (1) necessary protective measures to secure such 
        infrastructure, including milestones and timeframes for 
        implementation; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 333. IMPLEMENTATION REPORT.</DELETED>

<DELETED>    (a) In General.--Not later than 15 months after the date 
of the enactment of this Act, the Secretary shall submit a report to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate on the implementation of section 332. Such report shall detail--
</DELETED>
        <DELETED>    (1) the Secretary's review and coordination of 
        security plans under section 332; and</DELETED>
        <DELETED>    (2) the Secretary's oversight of the execution and 
        effectiveness of such plans.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 334. PROTECTION OF INFORMATION.</DELETED>

<DELETED>    Information that is generated, compiled, or disseminated 
by the Department of Homeland Security in carrying out this section--
</DELETED>
        <DELETED>    (1) is exempt from disclosure under section 552 of 
        title 5, United States Code; and</DELETED>
        <DELETED>    (2) shall not, if provided by the Department to a 
        State or local government or government agency--</DELETED>
                <DELETED>    (A) be made available pursuant to any 
                State or local law requiring disclosure of information 
                or records;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

               <DELETED>TITLE IV--MISCELLANEOUS</DELETED>

<DELETED>SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDINATION AND 
              OPERATIONS.</DELETED>

<DELETED>    (a) Findings.--The Congress makes the following 
findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (12) Border security and customs and immigration 
        enforcement should be one seamless mission.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (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 
        Congress.</DELETED>
        <DELETED>    (2) Contents of report.--The report shall 
        include--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) an analysis of alternative 
                organizational structures that could provide a more 
                effective way to deliver maximum efficiencies and 
                mission success;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) 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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (G) the potential costs of reorganization, 
                including financial, programmatic, and other costs, to 
                the Department; and</DELETED>
                <DELETED>    (H) recommendations 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 any appropriate 
                reorganization plans.</DELETED>

<DELETED>SEC. 402. GAO REPORT TO CONGRESS.</DELETED>

<DELETED>     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--</DELETED>
        <DELETED>    (1) an assessment of the effectiveness of the 
        organizational and management structure of the Department of 
        Homeland Security in meeting the Department's missions; 
        and</DELETED>
        <DELETED>    (2) recommendations to facilitate and improve the 
        organization and management of the Department to best meet 
        those missions.</DELETED>

<DELETED>SEC. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND COLOCATED 
              REGIONAL OFFICES.</DELETED>

<DELETED>    Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall develop and submit 
to the Congress a plan for establishing consolidated and colocated 
regional offices for the Department of Homeland Security in accordance 
with section 706 of the Homeland Security Act of 2002 (6 U.S.C. 
346).</DELETED>

<DELETED>SEC. 404. PLAN TO REDUCE WAIT TIMES.</DELETED>

<DELETED>    Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall develop a plan--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) to ensure that there are no significant 
        disparities in immigration and customs processing times among 
        airports that serve as international gateways.</DELETED>

<DELETED>SEC. 405. DENIAL OF TRANSPORTATION SECURITY CARD.</DELETED>

<DELETED>    Section 70105(c) of title 46, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (3) by inserting before the 
        period ``before an administrative law judge''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(5) In making a determination under paragraph (1)(D), 
the Secretary shall not consider a felony conviction if--</DELETED>
        <DELETED>    ``(A) that felony occurred more than 7 years prior 
        to the date of the Secretary's determination; and</DELETED>
        <DELETED>    ``(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)).''.</DELETED>

<DELETED>SEC. 406. TRANSFER OF EXISTING CUSTOMS PATROL OFFICERS UNIT 
              AND ESTABLISHMENT OF NEW CPO UNITS IN THE BUREAU OF 
              IMMIGRATION AND CUSTOMS ENFORCEMENT.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Duties.--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.</DELETED>
<DELETED>    (d) Basic Pay for Journeyman Officers.--The rate of basic 
pay for a journeyman Customs Patrol Officer in a unit described in this 
section shall be not less than the rate of basic pay for GS-13 of the 
General Schedule.</DELETED>
<DELETED>    (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.</DELETED>

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.
Sec. 107. State and local terrorism preparedness.
Sec. 108. Authorization of appropriations for training of State and 
                            local personnel in border States performing 
                            immigration functions.
Sec. 109. Metropolitan medical response system.
     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 information.
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. Information collection requirements and priorities.
Sec. 223. Homeland Security Advisory System.
Sec. 224. Use of open-source information.
Sec. 225. 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. 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.
 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

Sec. 311. Short title.
Sec. 312. Assistant secretary for cybersecurity.
Sec. 313. Cybersecurity defined.
Sec. 314. Cybersecurity training programs and equipment.
         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--MISCELLANEOUS

Sec. 401. Border security and enforcement coordination and operations.
Sec. 402. GAO report to Congress.
Sec. 403. Plan for establishing consolidated and colocated regional 
                            offices.
Sec. 404. Plan to reduce wait times.
Sec. 405. Denial of transportation security card.
Sec. 406. Transfer of existing Customs Patrol Officers unit and 
                            establishment of new CPO units in the 
                            Bureau of Immigration and Customs 
                            Enforcement.

                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 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) $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 noncommercial 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 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 is 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) $1,000,000,000 for discretionary grants for high-
        threat, high-density urban areas awarded by the Office of State 
        and Local Government Coordination and Preparedness.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING OF STATE AND 
              LOCAL PERSONNEL IN BORDER STATES PERFORMING IMMIGRATION 
              FUNCTIONS.

    (a) In General.--To carry out subsection (b), subject to such 
limitations as may be provided in Acts making appropriations for 
Management and Administration for U.S. Immigration and Customs 
Enforcement, there are authorized to be appropriated from such amounts 
$40,000,000 for fiscal year 2006, to remain available until September 
30, 2007, for the purpose of enhancing the integrity of the border 
security system of the United States against the threat of terrorism.
    (b) Use of Funds.--From amounts made available under subsection 
(a), the Secretary of Homeland Security may reimburse a State or 
political subdivision described in subsection (c) 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) contains a location that is 30 miles or less from a 
        border or coastline of the United States;
            (2) 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
            (3) 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)(3) 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.

SEC. 109. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    Of the amount authorized under section 101, there is authorized to 
be appropriated $75,000,000 for fiscal year 2006 for the Metropolitan 
Medical Response System.

     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 1 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 counterterrorism 
                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 multipurpose 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.--(1) Nothing in this section 
affects any statutory requirement relating to the operation 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 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 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 ensure that the Assistant Secretary for 
                Information Analysis and the Assistant Secretary for 
                Infrastructure Protection both perform the functions 
                described in paragraphs (3), (15), (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;
                    ``(E) shall direct each such Assistant Secretary to 
                coordinate with Federal, State, and local law 
                enforcement agencies, and with tribal and private 
                sector entities, as appropriate; and
                    ``(F) shall direct the Assistant Secretary for 
                Information Analysis to coordinate with elements of the 
                intelligence community, as appropriate.''.

SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY 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 INFORMATION.

    ``(a) Primary Authority.--Except as provided in subsection (b), the 
Secretary shall be the executive branch official responsible for 
disseminating homeland security information to State and local 
government and tribal officials and the private sector.
    ``(b) Prior Approval Required.--No Federal official may disseminate 
any homeland security information, as defined in section 892(f)(1), to 
State, local, tribal, or private sector officials 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 information 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 inserting after the item relating to section 103 
the following:

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

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--
            ``(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. 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 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 of the Secretary of 
        Homeland Security, but may not exceed 50 percent of the annual 
        rate of basic pay of the position involved.
            ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.
            ``(3) Computation rule.--For purposes of paragraph (1), the 
        annual rate of basic pay of a position does not include any 
        comparability payment under section 5304 or any similar 
        authority.
    ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Department of Homeland Security. The agreement shall 
include--
            ``(1) the period of service the individual shall be 
        required to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of 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. INFORMATION COLLECTION REQUIREMENTS AND PRIORITIES.

    (a) In General.--Section 102 of the Homeland Security Act of 2002 
(6 U.S.C. 112) is amended--
            (1) by redesignating subsections (e), (f), and (g), as 
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Participation in Foreign Collection Requirements and 
Management Processes.--The Secretary shall be a member of any Federal 
Government interagency board, established by Executive order or any 
other binding interagency directive, that is responsible for 
establishing foreign collection information requirements and priorities 
for estimative analysis.''.
    (b) Homeland Security Information Requirements Board.--
            (1) In general.--Title I of such Act (6 U.S.C. 111 et seq.) 
        is further amended by adding at the end the following new 
        section:

``SEC. 105. HOMELAND SECURITY INFORMATION REQUIREMENTS BOARD.

    ``(a) Establishment of Board.--There is established an interagency 
Homeland Security Information Requirements Board (hereinafter in this 
section referred to as the `Information Requirements Board').
    ``(b) Membership.--The following officials are members of the 
Information Requirements Board:
            ``(1) The Secretary of Homeland Security, who shall serve 
        as the Chairman of the Information Requirements Board.
            ``(2) The Attorney General.
            ``(3) The Secretary of Commerce.
            ``(4) The Secretary of the Treasury.
            ``(5) The Secretary of Defense.
            ``(6) The Secretary of Energy.
            ``(7) The Secretary of State.
            ``(8) The Secretary of the Interior.
            ``(9) The Director of National Intelligence.
            ``(10) The Director of the Federal Bureau of Investigation.
            ``(11) The Director of the National Counterterrorism 
        Center.
            ``(12) The Chief Privacy Officer of the Department of 
        Homeland Security.
    ``(c) Functions.--
            ``(1) Oversight of homeland security requirements.--The 
        Information Requirements Board shall oversee the process for 
        establishing homeland security requirements and collection 
        management for all terrorism-related information and all other 
        homeland security information (as defined in section 892(f)(1)) 
        collected within the United States.
            ``(2) Determination of collection priorities.--The 
        Information Requirements Board shall--
                    ``(A) determine the domestic information collection 
                requirements for information relevant to the homeland 
                security mission; and
                    ``(B) prioritize the collection and use of such 
                information.
            ``(3) Coordination of collection requirements and 
        management activities.--
                    ``(A) Coordination with counterpart agencies.--The 
                Chairman shall ensure that the Information Requirements 
                Board carries out its activities in a manner that is 
                fully coordinated with the Board's counterpart 
                entities.
                    ``(B) Participation of counterpart entities.--The 
                Chairman and the Director of National Intelligence 
                shall ensure that each counterpart entity--
                            ``(i) has at least one representative on 
                        the Information Requirement Board and on every 
                        subcomponent of the Board; and
                            ``(ii) meets jointly with the Information 
                        Requirements Board (and, as appropriate, with 
                        any subcomponent of the Board) as often as the 
                        Chairman and the Director of National 
                        Intelligence determine appropriate.
                    ``(C) Counterpart entity defined.--In this section, 
                the term `counterpart entity' means an entity of the 
                Federal Government that is responsible for foreign 
                intelligence collection requirements and management.
    ``(d) Meetings.--
            ``(1) In general.--The Information Requirements Board shall 
        meet regularly at such times and places as its Chairman may 
        direct.
            ``(2) Invited representatives.--The Chairman may invite 
        representatives of Federal agencies not specified in subsection 
        (b) to attend meetings of the Information Requirements 
        Board.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is further amended by inserting after the item 
        relating to section 104 the following new item:

``Sec. 105. Homeland Security Information Requirements Board.''.

SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM.

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

            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 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; and
            (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.

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 Under Secretaries of 
        the Department and the Director of the Office for Domestic 
        Preparedness, on an ongoing basis--
                    ``(A) conduct surveys and reviews of available 
                appropriate technologies that have been, or are in the 
                process of being developed, tested, evaluated, or 
                demonstrated by the Department, other Federal agencies, 
                or the private sector or foreign governments and 
                international organizations and that may be useful in 
                assisting Federal, State, and local governmental 
                agencies, emergency response providers, or the private 
                sector to prevent, prepare for, or respond to acts of 
                terrorism;
                    ``(B) conduct or support research, development, 
                tests, and evaluations, as appropriate of technologies 
                identified under subparagraph (A), including any 
                necessary modifications to such technologies for 
                antiterrorism use;
                    ``(C) communicate 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) coordinate the selection and administration 
                of all technology transfer activities of the Science 
                and Technology Directorate, including projects and 
                grants awarded to the private sector and academia; and
                    ``(E) identify priorities based on current risk 
                assessments within the Department of Homeland Security 
                for identifying, researching, developing, testing, 
                evaluating, modifying, and fielding existing 
                technologies for antiterrorism purposes;
            ``(2) in support of the activities described in paragraph 
        (1)--
                    ``(A) consult with Federal, State, and local 
                emergency response providers;
                    ``(B) consult with government agencies and 
                nationally recognized standards development 
                organizations as appropriate;
                    ``(C) 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; and
                    ``(D) 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
            ``(3) 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 Committees on Homeland Security and Energy and Commerce of the 
House of Representatives and the Committees on Homeland Security and 
Governmental Affairs and Commerce, Science, and Transportation of the 
Senate 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 for Excellence for Border Security following the merit-
review processes and procedures that have been established for 
selecting 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, including 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) 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.
            (2) Designation.--The Secretary is authorized to designate 
        a foreign seaport as a port under CSI on or after the date of 
        the enactment of this Act only if the Secretary determines, 
        based on a risk assessment under paragraph (1) and a cost-
        benefit analysis, that the benefits of designating such port 
        outweigh the cost of expanding the program to such port.
    (b) Deployment of Inspection Equipment to New CSI Ports.--
            (1) Deployment.--The Secretary is authorized to assist in 
        the loaning of nonintrusive inspection equipment for cargo 
        containers, on a nonreimbursable basis, at each CSI port 
        designated under subsection (a)(2) and provide training for 
        personnel at the CSI port to operate the nonintrusive 
        inspection equipment.
            (2) Additional requirements.--The Secretary shall establish 
        technical capability requirements and standard operating 
        procedures for nonintrusive 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; Reevaluation of 
Personnel at All CSI Ports.--
            (1) Deployment.--The Secretary shall deploy Department of 
        Homeland Security personnel to each CSI port designated under 
        subsection (a)(1) with respect to which the Secretary 
        determines that the deployment is necessary to successfully 
        implement the requirements of CSI at the port.
            (2) Reevaluation.--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 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 CSI personnel and 
such personnel verify and electronically record that the inspection 
indicates that the containers have not been compromised by terrorists 
or terrorist weapons.
    (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 
        potential compromise by terrorists or terrorist weapons prior 
        to shipment to the United States.

SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.

    (a) Regulations.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall issue regulations for the security of maritime cargo 
        containers moving within the intermodal transportation system 
        in accordance with the requirements of paragraph (2).
            (2) Requirements.--The regulations issued pursuant to 
        paragraph (1) shall be in accordance with recommendations of 
        the Maritime Transportation Security Act Subcommittee of the 
        Advisory Committee on Commercial Operations of the Department 
        of Homeland Security, including recommendations relating to 
        obligation to seal, recording of seal changes, modal changes, 
        seal placement, ocean carrier seal verification, and addressing 
        seal anomalies.
    (b) International Agreements.--The Secretary 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)(2).
    (c) Container Targeting Strategy.--
            (1) Strategy.--The Secretary shall develop a strategy to 
        improve the ability of the Department of Homeland Security to 
        use information contained in shipping bills of lading to 
        identify and provide additional review of anomalies in such 
        bills of lading. The strategy shall include a method of 
        contacting shippers in a timely fashion to verify or explain 
        any anomalies in shipping bills of lading.
            (2) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Homeland Security and Energy and Commerce of the 
        House of Representatives and the Committees on Homeland 
        Security and Governmental Affairs and Commerce, Science, and 
        Transportation of the Senate a report on the implementation of 
        this subsection, including information on any data searching 
        technologies that will be used to implement the strategy.
    (d) Container Security Demonstration Program.--
            (1) Program.--The Secretary is authorized to establish and 
        carry out a demonstration program that integrates nonintrusive 
        inspection equipment, including radiation detection equipment 
        and gamma ray inspection equipment, at an appropriate United 
        States seaport, as determined by the Secretary.
            (2) Requirement.--The demonstration program shall also 
        evaluate automatic identification methods for containers and 
        vehicles and a data sharing network capable of transmitting 
        inspection data between ports and appropriate entities within 
        the Department of Homeland Security.
            (3) Report.--Upon completion of the demonstration program, 
        the Secretary shall submit to the Committees on Homeland 
        Security and Energy and Commerce of the House of 
        Representatives and the Committees on Homeland Security and 
        Governmental Affairs and Commerce, Science, and Transportation 
        of the Senate a report on the implementation of this 
        subsection.
    (e) Consolidation of Container Security Programs.--The Secretary 
shall consolidate all programs of the Department of Homeland Security 
relating to the security of maritime cargo containers, including the 
demonstration program established pursuant to subsection (d), to 
achieve enhanced coordination and efficiency.

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

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of 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 Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate by no later 
than 120 days after the date of the enactment of this Act regarding how 
the Department of Homeland Security will implement the 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).

 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) Establishment.--Section 201(b) of the Homeland Security Act of 
2002 (6 U.S.C. 121(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Assistant secretary for cybersecurity.--There shall 
        be in the 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''.
    (b) Responsibilities.--The Under Secretary of Information Analysis 
and Infrastructure Protection shall assign to the Assistant Secretary 
for Cybersecurity responsibility for--
            (1) the National Cyber Security Division and the National 
        Communications System within the Department of Homeland 
        Security;
            (2) the cybersecurity-related aspects of paragraphs (2), 
        (3), (5), (6), (15), and (17) of subsection (d) of section 201 
        of the Homeland Security Act of 2002; and
            (3) such other duties as the Under Secretary may provide 
        pursuant to section 201 of such Act.
    (c) Coordination.--The Assistant Secretary of Cybersecurity shall 
coordinate all activities under this subtitle with other Federal 
agencies, including the Department of Commerce, the Department of 
Energy, the Department of Transportation, the Federal Communications 
Commission, the Nuclear Regulatory Commission, the Federal Energy 
Regulatory Commission, the Environmental Protection Agency, the Federal 
Trade Commission, and the National Telecommunications and Information 
Administration.

SEC. 313. CYBERSECURITY DEFINED.

    For the purposes of this subtitle, the term ``cybersecurity'' means 
the protection and restoration of networked electronic equipment and 
facilities, including hardware and software and the information 
contained therein, from intrusion, interference, and incapacitation.

SEC. 314. 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)).

         Subtitle C--Security of Public Transportation Systems

SEC. 321. SECURITY BEST PRACTICES.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall develop, disseminate to 
appropriate owners, operators, and providers of public transportation 
systems, public transportation employees and employee representatives, 
and Federal, State, and local officials, and transmit to Congress, a 
report containing best practices for the security of public 
transportation systems. In developing best practices, the Secretary 
shall be responsible for consulting with and collecting input from 
owners, operators, and providers of public transportation systems, 
public transportation employee representatives, first responders, 
industry associations, private sector experts, academic experts, and 
appropriate Federal, State, and local officials.

SEC. 322. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall develop a national plan for public 
outreach and awareness. Such plan shall be designed to increase 
awareness of measures that the general public, public transportation 
passengers, and public transportation employees can take to increase 
public transportation system security. Such plan shall also provide 
outreach to owners, operators, providers, and employees of public 
transportation systems to improve their awareness of available 
technologies, ongoing research and development efforts, and available 
Federal funding sources to improve public transportation security. Not 
later than 9 months after the date of enactment of this Act, the 
Secretary shall implement the plan developed under this section.

           Subtitle D--Critical Infrastructure Prioritization

SEC. 331. CRITICAL INFRASTRUCTURE.

    (a) Completion of Prioritization.--Not later than 90 days after the 
date of the 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) Cooperation.--Such prioritization shall be developed in 
cooperation with other relevant Federal agencies, State, local, and 
tribal governments, and the private sector, as appropriate. The 
Secretary shall coordinate the prioritization under this section with 
other Federal agencies, including the Department of Commerce, the 
Department of Energy, the Department of Transportation, the Federal 
Communications Commission, the Nuclear Regulatory Commission, the 
Federal Energy Regulatory Commission, the Environmental Protection 
Agency, the Federal Trade Commission, and the National 
Telecommunications and Information Administration.

SEC. 332. SECURITY REVIEW.

    (a) Requirement.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary, in coordination with other 
relevant Federal agencies, State, local, and tribal governments, and 
the private sector, as appropriate, shall--
            (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, as directed in Homeland 
        Security Presidential Directive 7.
    (b) Contents of Plans.--The recommendations made under subsection 
(a)(2) shall include--
            (1) necessary 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 
Federal agencies, including the Department of Commerce, the Department 
of Energy, the Department of Transportation, the Federal Communications 
Commission, the Nuclear Regulatory Commission, the Federal Energy 
Regulatory Commission, the Environmental Protection Agency, the Federal 
Trade Commission, and the National Telecommunications and Information 
Administration.

SEC. 333. IMPLEMENTATION REPORT.

    (a) In General.--Not later than 15 months after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committees on Homeland Security and Energy and Commerce of the House of 
Representatives and the Committees on Homeland Security and 
Governmental Affairs and Commerce, Science, and Transportation of the 
Senate 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, following the coordination 
required by section 332(c), shall provide an update of such report to 
the congressional committees described in subsection (a).

SEC. 334. PROTECTION OF INFORMATION.

    Information that is generated, compiled, or disseminated by the 
Department of Homeland Security in carrying out this section--
            (1) is exempt from disclosure under section 552 of title 5, 
        United States Code; and
            (2) shall not, if provided by the 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.

                        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.
    (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 Congress.
            (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) 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 the Department 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) recommendations 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 any appropriate reorganization 
                plans.

SEC. 402. GAO REPORTS 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 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 missions; 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 6 months after the 
date of enactment of this Act, the Comptroller General shall submit a 
report to the Committees on Homeland Security and Energy and Commerce 
of the House of Representatives and the Committees on Homeland Security 
and Governmental Affairs and Commerce, Science, and Transportation of 
the Senate 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. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND COLOCATED REGIONAL 
              OFFICES.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall develop and submit to the 
Congress a plan for establishing consolidated and colocated regional 
offices for the Department of Homeland Security in accordance with 
section 706 of the Homeland Security Act of 2002 (6 U.S.C. 346).

SEC. 404. 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 processing times among airports that 
        serve as international gateways.

SEC. 405. 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), the 
Secretary shall not 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. 406. 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 Secretary is authorized to establish within the 
Bureau of Immigration and Customs Enforcement additional units of 
Customs Patrol Officers in accordance with this section.
    (d) Basic Pay for Journeyman Officers.--The rate of basic pay for a 
journeyman Customs Patrol Officer in a unit described in this section 
shall be not less than the rate of basic pay for GS-13 of the General 
Schedule.
    (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. 407. AUTHORITY AND RESPONSIBILITY OF OTHER FEDERAL AGENCIES.

    Nothing in this Act shall diminish or otherwise affect the 
authority or responsibility under statute, regulation, or Executive 
order of other Federal agencies than the Department of Homeland 
Security, including the Department of Commerce, the Department of 
Energy, the Department of Transportation, the Federal Communications 
Commission, the Nuclear Regulatory Commission, the Federal Energy 
Regulatory Commission, the Environmental Protection Agency, the Federal 
Trade Commission, and the National Telecommunications and Information 
Administration.

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.
Sec. 3. Definitions.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.
Sec. 102. Immigration resources.
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.
     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 information.
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 Advisory System.
Sec. 223. Use of open-source information.
Sec. 224. 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. 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.
 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

Sec. 311. Short title.
Sec. 312. Assistant Secretary for Cybersecurity.
Sec. 313. Cybersecurity defined.
Sec. 314. Cybersecurity training programs and equipment.
Sec. 315. Information security requirements and OMB responsibilities 
                            not affected.
         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--MISCELLANEOUS

Sec. 401. Border security and enforcement coordination and operations.
Sec. 402. GAO report to Congress.
Sec. 403. Plan for establishing consolidated and colocated regional 
                            offices.
Sec. 404. Plan to reduce wait times.
Sec. 405. Denial of transportation security card.
Sec. 406. Transfer of existing Customs Patrol Officers unit and 
                            establishment of new CPO units in the U.S. 
                            Immigration and Customs Enforcement.
Sec. 407. Data collection on use of immigration consultants.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the terms ``prevent terrorist attacks'' 
and ``terrorism prevention'' are intended to encompass securing our 
borders, securing our critical infrastructure, disseminating homeland 
security information to Federal, State, and local government agencies, 
and preparing first responders for a terrorist attack.

                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. IMMIGRATION RESOURCES.

    (a) 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.
    (b) Of the amount authorized under section 101, there is authorized 
to be appropriated for fiscal year 2006 for the U.S. Immigration and 
Customs Enforcement Legal Program sufficient sums for the hiring of an 
additional 300 attorneys in addition to the number employed on the date 
of this Act, and related training and support costs.
    (c) Of the amount authorized under section 101, there is authorized 
to be appropriated for fiscal year 2006 for U.S. Citizenship and 
Immigration Services sufficient sums for the hiring of an additional 
300 adjudicators to carry out the functions stated in section 451(b) of 
the Homeland Security Act of 2002 in addition to the number employed on 
the date of this Act, and related training and support costs.

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 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) $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 noncommercial 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 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.

    (a) Fiscal Year 2006.--Of the amount authorized under section 101, 
there is 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);
            (2) $1,000,000,000 for discretionary grants for high-
        threat, high-density urban areas awarded by the Office of State 
        and Local Government Coordination and Preparedness; and
            (3) subsequent to the completion of a feasibility study by 
        the Federal Government finding conclusively the need for a 
        regional homeland security center which enhances coordination 
        for terrorism preparedness between all levels of government, 
        sufficient sums as may be necessary for the development of a 
        center for training for Federal, State, and local law 
        enforcement officials with an expertise in terrorism 
        preparedness.
    (b) Use of Grants for ``Terrorism Cops''.--
            (1) In general.--Notwithstanding any other provision of 
        law, a covered grant may be used to pay the salaries of law 
        enforcement officers hired exclusively for terrorism and 
        homeland security matters.
            (2) Covered grant.--In this subsection, the term ``covered 
        grant'' applies to--
                    (A) the State Homeland Security Grant Program of 
                the Department, or any successor to such grant program;
                    (B) the Urban Area Security Initiative of the 
                Department, or any successor to such grant program; and
                    (C) the Law Enforcement Terrorism Prevention 
                Program of the Department, or any successor to such 
                grant program.

     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 1 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 and the Committee on the 
        Judiciary of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs and the Committee on 
        the Judiciary 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 of the vulnerabilities in 
                relation to 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.
                    (B) A prioritization of the threats identified 
                under subparagraph (B), based on an assessment of 
                probability and consequence of such attacks.
                    (C) 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.
                    (D) The policies and procedures the Secretary shall 
                establish to ensure the Department disseminates this 
                information received from the National Counter 
                Terrorism Center throughout the Department, as 
                appropriate; utilizes this information to support the 
                Department's mission to reduce vulnerability to 
                terrorism; integrates the Department's information 
                collection and analysis functions; and disseminates 
                this information to its operational units, as 
                appropriate.
                    (E) A description of the specific actions the 
                Secretary shall take to identify vulnerabilities to 
                terrorist attacks of the United States and its 
                interests, and to coordinate activities within the 
                Department to prevent acts of terrorism, with special 
                emphasis on weapons of mass destruction.
                    (F) A description of initiatives the Secretary 
                shall take to share homeland security information with, 
                and provide homeland security support to, State and 
                local governments and the private sector.
                    (G) 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.
                    (H) Such other elements as the Secretary considers 
                appropriate consistent with this plan.
            (3) Consultation.--In formulating the Plan to reduce the 
        vulnerability of the United States to terrorist attacks, 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 multipurpose 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) Intelligence and law enforcement operations 
                that screen for individuals who plan or intend to carry 
                out acts of terrorism.
                    (B) Intelligence and law enforcement operations 
                that identify and respond to vulnerabilities of the 
                United States to terrorism.
                    (C) Operations to detect and prevent terrorist 
                attacks within the United States, including 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) Utilization by the Department of Homeland 
                Security of information and intelligence received from 
                other Federal agencies, and foreign, State, local, 
                tribal and private sector officials, to detect or 
                prevent acts of terrorism.
                    (H) Dissemination by the Department of Homeland 
                Security of information to other Federal agencies, and 
                State, local, tribal and private sector officials.
                    (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 consult with the Attorney 
General, to 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.--(1) Nothing in this section 
affects any statutory requirement relating to the operation 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 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 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 ensure that the Assistant Secretary for 
                Information Analysis and the Assistant Secretary for 
                Infrastructure Protection both perform the functions 
                described in paragraphs (3), (15), (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;
                    ``(E) shall direct each such Assistant Secretary to 
                coordinate with Federal, State, and local law 
                enforcement agencies, and with tribal and private 
                sector entities, as appropriate; and
                    ``(F) shall direct the Assistant Secretary for 
                Information Analysis to coordinate with elements of the 
                intelligence community, as appropriate.''.

SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY 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 INFORMATION.

    ``The Secretary shall be the principal executive branch official 
responsible for disseminating homeland security information to State 
and local government and tribal officials and the private sector. ''.
    (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. Authority for disseminating homeland security 
                            information.''.

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--
            ``(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. 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 of the Secretary of 
        Homeland Security, but may not exceed 50 percent of the annual 
        rate of basic pay of the position involved.
            ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.
            ``(3) Computation rule.--For purposes of paragraph (1), the 
        annual rate of basic pay of a position does not include any 
        comparability payment under section 5304 or any similar 
        authority.
    ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Department of Homeland Security. The agreement shall 
include--
            ``(1) the period of service the individual shall be 
        required to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of 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 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.''.
    (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. 223. 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. 224. 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.''.

            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(c)) 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, in concurrence with 
the Attorney General and the National Director of Intelligence, 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;
            ``(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.
    ``(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 in 
concurrence with the Attorney General and the National Director of 
Intelligence 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; and
            (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.

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 Under Secretaries of 
        the Department and the Director of the Office for Domestic 
        Preparedness, on an ongoing basis--
                    ``(A) conduct surveys and reviews of available 
                appropriate technologies that have been, or are in the 
                process of being developed, tested, evaluated, or 
                demonstrated by the Department, other Federal agencies, 
                or the private sector or foreign governments and 
                international organizations and that may be useful in 
                assisting Federal, State, and local governmental 
                agencies, emergency response providers, or the private 
                sector to prevent, prepare for, or respond to acts of 
                terrorism;
                    ``(B) conduct or support research, development, 
                tests, and evaluations, as appropriate of technologies 
                identified under subparagraph (A), including any 
                necessary modifications to such technologies for 
                antiterrorism use;
                    ``(C) communicate 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) coordinate the selection and administration 
                of all technology transfer activities of the Science 
                and Technology Directorate, including projects and 
                grants awarded to the private sector and academia; and
                    ``(E) identify priorities based on current risk 
                assessments within the Department of Homeland Security 
                for identifying, researching, developing, testing, 
                evaluating, modifying, and fielding existing 
                technologies for antiterrorism purposes;
            ``(2) in support of the activities described in paragraph 
        (1)--
                    ``(A) consult with Federal, State, and local 
                emergency response providers;
                    ``(B) consult with government agencies and 
                nationally recognized standards development 
                organizations as appropriate;
                    ``(C) 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; and
                    ``(D) 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
            ``(3) 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 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. 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 for Excellence for Border Security following the merit-
review processes and procedures that have been established for 
selecting 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, including 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) 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.
            (2) Designation.--The Secretary is authorized to designate 
        a foreign seaport as a port under CSI on or after the date of 
        the enactment of this Act only if the Secretary determines, 
        based on a risk assessment under paragraph (1) and a cost-
        benefit analysis, that the benefits of designating such port 
        outweigh the cost of expanding the program to such port.
    (b) Deployment of Inspection Equipment to New CSI Ports.--
            (1) Deployment.--The Secretary is authorized to assist in 
        the loaning of nonintrusive inspection equipment for cargo 
        containers, on a nonreimbursable basis, at each CSI port 
        designated under subsection (a)(2) and provide training for 
        personnel at the CSI port to operate the nonintrusive 
        inspection equipment.
            (2) Additional requirements.--The Secretary shall establish 
        technical capability requirements and standard operating 
        procedures for nonintrusive 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; Reevaluation of 
Personnel at All CSI Ports.--
            (1) Deployment.--The Secretary shall deploy Department of 
        Homeland Security personnel to each CSI port designated under 
        subsection (a)(1) with respect to which the Secretary 
        determines that the deployment is necessary to successfully 
        implement the requirements of CSI at the port.
            (2) Reevaluation.--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 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 CSI personnel and 
such personnel verify and electronically record that the inspection 
indicates that the containers have not been compromised by terrorists 
or terrorist weapons.
    (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 
        potential compromise by terrorists or terrorist weapons prior 
        to shipment to the United States.

SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.

    (a) Regulations.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall issue regulations for the security of maritime cargo 
        containers moving within the intermodal transportation system 
        in accordance with the requirements of paragraph (2).
            (2) Requirements.--The regulations issued pursuant to 
        paragraph (1) shall be in accordance with recommendations of 
        the Maritime Transportation Security Act Subcommittee of the 
        Advisory Committee on Commercial Operations of the Department 
        of Homeland Security, including recommendations relating to 
        obligation to seal, recording of seal changes, modal changes, 
        seal placement, ocean carrier seal verification, and addressing 
        seal anomalies.
    (b) International Agreements.--The Secretary 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)(2).
    (c) Container Targeting Strategy.--
            (1) Strategy.--The Secretary shall develop a strategy to 
        improve the ability of the Department of Homeland Security to 
        use information contained in shipping bills of lading to 
        identify and provide additional review of anomalies in such 
        bills of lading. The strategy shall include a method of 
        contacting shippers in a timely fashion to verify or explain 
        any anomalies in shipping bills of lading.
            (2) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        appropriate congressional committees a report on the 
        implementation of this subsection, including information on any 
        data searching technologies that will be used to implement the 
        strategy.
    (d) Container Security Demonstration Program.--
            (1) Program.--The Secretary is authorized to establish and 
        carry out a demonstration program that integrates nonintrusive 
        inspection equipment, including radiation detection equipment 
        and gamma ray inspection equipment, at an appropriate United 
        States seaport, as determined by the Secretary.
            (2) Requirement.--The demonstration program shall also 
        evaluate automatic identification methods for containers and 
        vehicles and a data sharing network capable of transmitting 
        inspection data between ports and appropriate entities within 
        the Department of Homeland Security.
            (3) Report.--Upon completion of the demonstration program, 
        the Secretary shall submit to the appropriate congressional 
        committees a report on the implementation of this subsection.
    (e) Consolidation of Container Security Programs.--The Secretary 
shall consolidate all programs of the Department of Homeland Security 
relating to the security of maritime cargo containers, including the 
demonstration program established pursuant to subsection (d), to 
achieve enhanced coordination and efficiency.

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

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of 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 Committee on 
Homeland Security and the Committee on the Judiciary of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate by no later 
than 120 days after the date of the enactment of this Act regarding how 
the Department of Homeland Security will implement the 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).

 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:

``Sec. 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.''.

SEC. 314. 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. 315. INFORMATION SECURITY REQUIREMENTS AND OMB RESPONSIBILITIES 
              NOT AFFECTED.

    (a) In General.--This subtitle does not affect--
            (1) any information security requirement under any other 
        Federal law; or
            (2) the responsibilities of the Director of the Office of 
        Management and Budget under any other Federal law.
    (b) Laws Included.--The laws referred to in subsection (a) include 
the following:
            (1) Chapter 35 of title 44, United States Code, popularly 
        known as the Paperwork Reduction Act.
            (2) The Clinger-Cohen Act of 1996 (divisions D and E of 
        Public Law 104-106), including the provisions of law enacted by 
        amendments made by that Act.
            (3) The Federal Information Security Management Act of 2002 
        (title III of Public Law 107-347), including the provisions of 
        law enacted by amendments made by that Act.

         Subtitle C--Security of Public Transportation Systems

SEC. 321. SECURITY BEST PRACTICES.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall develop, disseminate to 
appropriate owners, operators, and providers of public transportation 
systems, public transportation employees and employee representatives, 
and Federal, State, and local officials, and transmit to Congress, a 
report containing best practices for the security of public 
transportation systems. In developing best practices, the Secretary 
shall be responsible for consulting with and collecting input from 
owners, operators, and providers of public transportation systems, 
public transportation employee representatives, first responders, 
industry associations, private sector experts, academic experts, and 
appropriate Federal, State, and local officials.

SEC. 322. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall develop a national plan for public 
outreach and awareness. Such plan shall be designed to increase 
awareness of measures that the general public, public transportation 
passengers, and public transportation employees can take to increase 
public transportation system security. Such plan shall also provide 
outreach to owners, operators, providers, and employees of public 
transportation systems to improve their awareness of available 
technologies, ongoing research and development efforts, and available 
Federal funding sources to improve public transportation security. Not 
later than 9 months after the date of enactment of this Act, the 
Secretary shall implement the plan developed under this section.

           Subtitle D--Critical Infrastructure Prioritization

SEC. 331. CRITICAL INFRASTRUCTURE.

    (a) Completion of Prioritization.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Homeland Security, 
in concurrence with the Attorney General and the National Director of 
Intelligence 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) Cooperation.--Such prioritization shall be developed in 
cooperation with other relevant Federal agencies, 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, in coordination with other 
relevant Federal agencies, State, local, and tribal governments, and 
the private sector, as appropriate, 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, as directed in Homeland 
        Security Presidential Directive 7.
    (b) Contents of Plans.--The recommendations made under subsection 
(a)(2) shall include--
            (1) necessary 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.

SEC. 333. IMPLEMENTATION REPORT.

    (a) In General.--Not later than 15 months after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Homeland Security and the Committee on the Judiciary of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Judiciary of the Senate 
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.

    Information that is generated, compiled, or disseminated by the 
Department of Homeland Security in carrying out this section--
            (1) is exempt from disclosure under section 552 of title 5, 
        United States Code; and
            (2) shall not, if provided by the 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.

                        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 the Bureau of 
        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 U.S. 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 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.
            (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) U.S. 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 U.S. 
        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 Congress.
            (2) Contents of report.--The report shall include--
                    (A) a description of the rationale for, and any 
                benefits of, the current organizational division of 
                U.S. Immigration and Customs Enforcement and the Bureau 
                of 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 the Bureau of Customs and 
                Border Protection and U.S. 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 U.S. 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 the Bureau of Customs and Border 
                Protection and U.S. 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. 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 missions; and
            (2) recommendations to facilitate and improve the 
        organization and management of the Department to best meet 
        those missions.

SEC. 403. PLAN FOR ESTABLISHING CONSOLIDATED AND COLOCATED REGIONAL 
              OFFICES.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall develop and submit to the 
Congress a plan for establishing consolidated and colocated regional 
offices for the Department of Homeland Security in accordance with 
section 706 of the Homeland Security Act of 2002 (6 U.S.C. 346).

SEC. 404. 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 processing times among airports that 
        serve as international gateways.

SEC. 405. 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 
consider, as the sole reason, 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 an offense that is a violation of 
        a provision specified in subparagraph (B) of section 
        2332b(g)(5) of title 18.''.

SEC. 406. TRANSFER OF EXISTING CUSTOMS PATROL OFFICERS UNIT AND 
              ESTABLISHMENT OF NEW CPO UNITS IN THE U.S. 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 U.S. 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 U.S. Immigration and Customs Enforcement 
additional units of Customs Patrol Officers in accordance with this 
section.
    (c) Duties.--The Secretary is authorized to establish within the 
U.S. Immigration and Customs Enforcement additional units of Customs 
Patrol Officers in accordance with this section.
    (d) Basic Pay for Journeyman Officers.--The rate of basic pay for a 
journeyman Customs Patrol Officer in a unit described in this section 
shall be not less than the rate of basic pay for GS-13 of the General 
Schedule.
    (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. 407. 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.





                                                  Union Calendar No. 40

109th CONGRESS

  1st Session

                               H. R. 1817

               [Report No. 109-71, Parts I, II, and III]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 13, 2005

 Reported from the Committee on Energy and Commerce, with an amendment

    Reported from the Committee on the Judiciary, with an amendment

   The Committees on Government Reform, Science, Transportation and 
 Infrastructure, Ways and Means, and the Permanent Select Committee on 
Intelligence discharged; committed to the Committee or the Whole House 
          on the State of the Union and ordered to be printed