[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4009 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4009

 To direct the Secretary of Homeland Security to conduct comprehensive 
      examinations of the human resource capabilities and needs, 
      organizational structure, innovation and improvement plans, 
   intelligence and information analysis capabilities and resources, 
 infrastructure capabilities and resources, budget, and other elements 
  of the homeland security program and policies of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2005

Mr. Thompson of Mississippi (for himself, Ms. Harman, Mr. Langevin, Ms. 
Zoe Lofgren of California, Ms. Norton, Mr. Pascrell, Mrs. Christensen, 
Ms. Jackson-Lee of Texas, Mr. DeFazio, Mr. Meek of Florida, Mr. Dicks, 
Mr. Etheridge, and Mrs. Lowey) introduced the following bill; which was 
referred to the Committee on Homeland Security, and in addition to the 
Select Committee on Intelligence (Permanent Select) and Transportation 
 and Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Homeland Security to conduct comprehensive 
      examinations of the human resource capabilities and needs, 
      organizational structure, innovation and improvement plans, 
   intelligence and information analysis capabilities and resources, 
 infrastructure capabilities and resources, budget, and other elements 
  of the homeland security program and policies of the United States.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
            TITLE I--DEPARTMENT OF HOMELAND SECURITY REFORMS

Sec. 101. Quadrennial Homeland Security Review.
Sec. 102. Chief Intelligence Officer.
Sec. 103. Repeal of Directorate of Information Analysis and 
                            Infrastructure Preparedness.
Sec. 104. Intra-agency task force on protection of unclassified but 
                            security-relevant information provided by 
                            the private sector.
Sec. 105. Redesignation of Directorate.
Sec. 106. Establishment of Assistant Secretary for Preparedness.
Sec. 107. Establishment of Director and Deputy Director of Federal 
                            Emergency Management Agency.
Sec. 108. Chief medical officer.
Sec. 109. Operations office.
Sec. 110. Authorities of the Privacy Officer of the Department of 
                            Homeland Security.
Sec. 111. Greater accountability.
Sec. 112. Whistleblower protections.
Sec. 113. Office of Tribal Security.
Sec. 114. Assistant Secretary for Cybersecurity and Telecommunications.
Sec. 115. Assistant Secretary for Physical Infrastructure Security.
Sec. 116. Under Secretary for Policy.
             TITLE II--SECURE HANDLING OF AMMONIUM NITRATE

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Regulation of handling and purchase of ammonium nitrate.
Sec. 205. Enforcement.
Sec. 206. Administrative provisions.
Sec. 207. Civil liability.
Sec. 208. State law preemption.

            TITLE I--DEPARTMENT OF HOMELAND SECURITY REFORMS

SEC. 101. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) Quadrennial Homeland Security Review.--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 new section:

``SEC. 104. QUADRENNIAL HOMELAND SECURITY REVIEW.

    ``(a) Review Required.--In any year following a year evenly 
divisible by 4, the Secretary, acting through the Under Secretary for 
Policy, shall conduct a comprehensive examination of the Department to 
be known as a Quadrennial Homeland Security Review.
    ``(b) Functions of Review.--The functions of the Quadrennial 
Homeland Security Review shall be the following:
            ``(1) To establish a 10-year homeland security strategy and 
        policy program, to be known as the National Homeland Security 
        Strategy, which shall be consistent with this Act.
            ``(2) To determine, with respect to the Department, each of 
        the following:
                    ``(A) Human resource capabilities and requirements.
                    ``(B) Organizational structure.
                    ``(C) Innovation and improvement plans.
                    ``(D) Intelligence and information analysis 
                capabilities and resources.
                    ``(E) Infrastructure capabilities and resources.
                    ``(F) Budget; technology resources, capabilities 
                and requirements.
                    ``(G) Any other elements required to support the 
                National Homeland Security Strategy.
            ``(3) To identify, with respect to the Department, each of 
        the following:
                    ``(A) A budget plan, acquisition strategy, and 
                procurement process to provide sufficient resources to 
                successfully execute the responsibilities of the 
                Department that are delineated in the National Homeland 
                Security Strategy.
                    ``(B) Any additional resources required to attain 
                such responsibilities.
    ``(c) Report to Congress.--
            ``(1) Report.--The Secretary shall submit a report on each 
        Quadrennial Homeland Security Review to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate. The report shall be submitted in the year following the 
        year in which the review is conducted, but not later than the 
        date on which the President submits the budget for the next 
        fiscal year to Congress under section 1105(a) of title 31, 
        United States Code.
            ``(2) Contents.--The report shall include the following:
                    ``(A) The results of the Review, including a 
                comprehensive discussion of the National Homeland 
                Security Strategy and the structure best suited to 
                implement it.
                    ``(B) The assumed or defined homeland security 
                interests of the United States that inform the National 
                Homeland Security Strategy as defined in the review.
                    ``(C) The threats to the assumed or defined 
                homeland security interests of the United States 
                examined for purposes of the review and any scenarios 
                developed in the examination of such threats.
                    ``(D) An explanation of any and all underlying 
                assumptions used in the review.
                    ``(E) The effect on human resource requirements and 
                response capabilities, identified by type of threat, 
                including conventional, nuclear, biological, chemical, 
                radiological, and agricultural threats, and by means of 
                attack through traditional and non-traditional means or 
                from traditional as well as non-traditional sources.
                    ``(F) The anticipated roles and responsibilities of 
                the agencies, components, and organizational elements 
                of the Department, as outlined in the National Homeland 
                Security Strategy, and the strength, capabilities, 
                technology and equipment necessary to assure that such 
                agencies, components, and organizational elements can 
                capably discharge such roles and responsibilities.
                    ``(G) An examination of any steps taken by the 
                Department to promote an ``intelligence culture'' among 
                employees designed to develop analyses specific to the 
                overall mission of the Department.
                    ``(H) The strategic and tactical air, sea, and 
                ground transportation capabilities required to support 
                the National Homeland Security Strategy.
                    ``(I) The state of the physical infrastructure at 
                border crossings and an examination of the resources, 
                personnel, and time necessary to assure that such 
                border crossing are capable of supporting the mission 
                of the Department, as outlined in the National Homeland 
                Security Strategy.
                    ``(J) The level of preparedness of first responders 
                and an examination of the resources necessary to assure 
                they are capable of fulfilling their responsibilities, 
                as outlined in the National Homeland Security Strategy.
                    ``(K) An examination of ports, airports, and other 
                points of transshipment to determine the necessary 
                resources to ensure adequate security and functioning, 
                as outline in the National Homeland Security Strategy.
                    ``(L) An examination of the Nation's rail and 
                transit system to determine the necessary resources to 
                ensure adequate security and functioning, as outlined 
                in the National Homeland Security Strategy.
                    ``(M) An examination and risk assessment of key 
                resources and public and privately owned infrastructure 
                and other facilities determined to present an increased 
                security risk by the National Homeland Security 
                Strategy.
                    ``(N) An examination of the efforts of the 
                Department to develop a consistent policy that 
                encourages information sharing of unclassified but 
                security-relevant information between the government 
                and the private sector.
                    ``(O) An examination of passenger and non-passenger 
                modes of conveyance to ensure the adequacy of 
                precautionary policies and measures to ensure the 
                security of the general public.
                    ``(P) An examination of the security of the 
                computer systems and networks of the Federal Government 
                to assure the adequacy of precautionary and protective 
                devices.
                    ``(Q) Any need for Department personnel or 
                resources to be positioned outside the United States in 
                order to support the National Homeland Security 
                Strategy.
                    ``(R) The extent to which domestic resources must 
                be shifted in order to ensure that border crossings and 
                ports of entry are adequately secured.
                    ``(S) The effect of any technology anticipated to 
                be available during the subsequent 8 years on the human 
                resources capabilities, costs, efficiencies, resources, 
                and planning of the Department.
                    ``(T) Any other matter the Secretary considers 
                appropriate to include in the review.''.
    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 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 report on any congressionally required reports which he views 
as duplicating the requirements under section 104 of the Homeland 
Security Act of 2002, as added by subsection (a).
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding after the item relating to section 103 
the following new item:

``Sec. 104. Quadrennial Homeland Security Review.''.

SEC. 102. CHIEF INTELLIGENCE OFFICER.

    (a) Establishment and Transfer of Certain Functions of Under 
Secretary for Information Analysis and Infrastructure Protection.--
Subtitle A of title II of such Act is amended by adding at the end the 
following new section:

``SEC. 203. OFFICE OF INTELLIGENCE AND ANALYSIS AND CHIEF INTELLIGENCE 
              OFFICER.

    ``(a) Office of Intelligence and Analysis.--There shall be in the 
Department an Office of Intelligence and Analysis headed by a Chief 
Intelligence Officer, who shall be appointed by the President.
    ``(b) Transitional Rule.--The Assistant Secretary for Information 
Analysis appointed pursuant to Sec. 201(b)(1) of this Act shall serve 
as the Chief Intelligence Officer.
    ``(c) Responsibilities of Chief Intelligence Officer.--Subject to 
the direction and control of the Secretary, the responsibilities of the 
Chief Intelligence Officer shall be as follows:
            ``(1) To act as the principal intelligence advisor to the 
        Secretary.
            ``(2) To represent the Secretary to the intelligence 
        community (as that term is defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4))).
            ``(3) To access, receive, and analyze law enforcement 
        information, intelligence information, and other information 
        from other agencies of the Federal Government, State, local, 
        and tribal government agencies (including law enforcement 
        agencies), and private sector entities, and to integrate such 
        information in order to--
                    ``(A) identify and assess the nature and scope of 
                terrorist threats to the homeland;
                    ``(B) detect and identify threats of terrorism 
                against the United States; and
                    ``(C) understand such threats in light of actual 
                and potential vulnerabilities of the homeland.
            ``(4) To ensure, pursuant to section 202, that the relevant 
        personnel of the Department have timely and efficient access to 
        any information necessary to discharge their responsibilities 
        under this section, including obtaining such information from 
        other agencies of the Federal Government;
            ``(5) To identify the intelligence-gathering components of 
        the Department and, within each component, to promote an 
        understanding of the intelligence function of that component;
            ``(6) To establish, in consultation with other agencies of 
        the Federal Government, State, local, and tribal government 
        agencies (including law enforcement and intelligence agencies), 
        and private sector entities, a Department-wide terrorist 
        intelligence matrix, to identify and describe--
                    ``(A) individuals and organizations suspected of 
                terrorist involvement; and
                    ``(B) current and developing terrorist 
                capabilities, methods, plans, tactics, and threats.
            ``(7) To create a coordinated process for collecting and 
        managing intelligence to be used by the intelligence-gathering 
        components of the Department for providing relevant information 
        for purposes of the terrorist intelligence matrix and other 
        information needs of the Department.
            ``(8) To administer the Homeland Security Advisory System, 
        including--
                    ``(A) exercising primary responsibility for public 
                advisories related to threats to homeland security; and
                    ``(B) in coordination with other agencies of the 
                Federal Government, providing specific warning 
                information and advice about appropriate protective 
                measures and countermeasures, to State, local and 
                tribal government agencies and authorities, the private 
                sector, other entities, and the public.
            ``(9) To establish a streamlined process within the 
        Department and the Office of Intelligence and Analysis to 
        receive, integrate, and distribute threat assessment 
        information through the Homeland Security Advisory System;
            ``(10) To review, analyze, and make recommendations for 
        improvements in the policies and procedures governing the 
        sharing of law enforcement information, intelligence 
        information, intelligence-related information, and other 
        information relating to homeland security within the Federal 
        Government and between the Federal Government and State, local, 
        and tribal government agencies and authorities.
            ``(11) To disseminate, as appropriate, information analyzed 
        by the Department within the Department, to other agencies of 
        the Federal Government with responsibilities relating to 
        homeland security, and to agencies of State, local, and tribal 
        governments and private sector entities with such 
        responsibilities in order to assist in the deterrence, 
        prevention, preemption of, or response to, terrorist attacks 
        against the United States.
            ``(12) To consult with the Director of National 
        Intelligence and other appropriate intelligence, law 
        enforcement, or other elements of the Federal Government to 
        establish collection priorities and strategies for information, 
        including law enforcement-related information, relating to 
        threats of terrorism against the United States through such 
        means as the representation of the Department in discussions 
        regarding requirements and priorities in the collection of such 
        information.
            ``(13) To consult with State, local, and tribal governments 
        and private sector entities to ensure appropriate exchanges of 
        information, including law enforcement-related information, 
        relating to threats of terrorism against the United States;
            ``(14) To ensure that--
                    ``(A) any material received pursuant to this Act is 
                protected from unauthorized disclosure and handled and 
                used only for the performance of official duties; and
                    ``(B) any intelligence information under this Act 
                is shared, retained, and disseminated consistent with 
                the authority of the Director of National Intelligence 
                to protect intelligence sources and methods under the 
                National Security Act of 1947 (50 U.S.C. 401 et seq.) 
                and related procedures and, as appropriate, similar 
                authorities of the Attorney General concerning 
                sensitive law enforcement information.
            ``(15) To request additional information from other 
        agencies of the Federal Government, State, local and tribal 
        government agencies, and the private sector relating to threats 
        of terrorism in the United States, or relating to other areas 
        of responsibility assigned by the Secretary, including the 
        entry into cooperative agreements through the Secretary to 
        obtain such information.
            ``(16) To establish and utilize, in conjunction with the 
        Chief Information Officer of the Department, a secure 
        communications and information technology infrastructure, 
        including data-mining and other advanced analytical tools, in 
        order to access, receive, and analyze data and information in 
        furtherance of the responsibilities under this section, and to 
        disseminate information acquired and analyzed by the 
        Department, as appropriate.
            ``(17) To coordinate training and other support to the 
        elements and personnel of the Department, other agencies of the 
        Federal Government, and State, local and tribal governments 
        that provide information to the Department, or are consumers of 
        information provided by the Department, in order to facilitate 
        the identification and sharing of homeland security-relevant 
        information revealed in their ordinary duties and the optimal 
        utilization of information received from the Department.
            ``(18) To provide intelligence and information analysis and 
        support to other elements of the Department.
            ``(19) To establish within the Office of Intelligence 
        Analysis an internal continuity of operations (COOP) plan 
        that--
                    ``(A) assures that the capability exists to 
                continue uninterrupted intelligence analysis, 
                collection, and related functions during a wide range 
                of potential emergencies, including localized acts of 
                nature, accidents, and technological or attack-related 
                emergencies, that is maintained at a high level of 
                readiness and is capable of implementation with and 
                without warning; and
                    ``(B) includes plans and procedures governing 
                succession to office within the Office of Intelligence 
                and Analysis, including--
                            ``(i) emergency delegations of authority 
                        (where permissible, and in accordance with 
                        applicable law);
                            ``(ii) the safekeeping of vital resources, 
                        facilities, and records;
                            ``(iii) the improvisation or emergency 
                        acquisition of vital resources necessary for 
                        the performance of operations of the Office; 
                        and
                            ``(iv) the capability to relocate essential 
                        personnel and functions to and to sustain the 
                        performance of the operations of the Office at 
                        an alternate work site until normal operations 
                        can be resumed.
            ``(20) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
    ``(d) Consultation With Assistant Secretary for Physical 
Infrastructure Security.--Subject to the direction and control of the 
Secretary, the Chief Intelligence Officer shall consult with the 
Assistant Secretary for Physical Infrastructure Security on the 
following responsibilities:
            ``(1) To integrate relevant information, analyses, and 
        vulnerability assessments (whether such information, analyses, 
        or assessments are provided or produced by the Department or 
        others) in order to identify priorities for protective and 
        support measures by the Department, other agencies of the 
        Federal Government, State and local government agencies.
            ``(2) To ensure, in conjunction with the chief information 
        officer of the Department, that any information databases and 
        analytical tools developed or utilized by the Department--
                    ``(A) are compatible with one another and with 
                relevant information databases of other agencies of the 
                Federal Government; and
                    ``(B) treat information in such databases in a 
                manner that complies with applicable Federal law on 
                privacy.
            ``(3) To coordinate with elements of the intelligence 
        community and with Federal, State, and local law enforcement 
        agencies, and the private sector, as appropriate.
    ``(e) Transfer of Functions.--In accordance with title XV, there 
shall be transferred to the Chief Intelligence Officer the functions, 
personnel, assets, and liabilities of the Directorate for Information 
Analysis and Infrastructure Protection.
    ``(f) Intelligence Through Employees Generating Resources for 
Analytical Leadership (INTEGRAL) Program.--
            ``(1) Findings.--Congress finds the following:
                    ``(A) It is of critical importance that the 
                Department establish an `intelligence culture' among 
                all of its employees.
                    ``(B) At its inception, the Department drew 
                together 22 Federal agencies that are now united in a 
                common homeland security mission.
                    ``(C) Most of those agencies were not intelligence 
                agencies and were instead primarily concerned with 
                either law enforcement or the provision of services.
                    ``(D) Many employees who once worked for those 
                agencies still do not view themselves as either 
                collectors of intelligence information or contributors 
                to the Department's intelligence information analysis 
                efforts.
                    ``(E) The Department lacks an intelligence culture 
                in which individuals understand that they are an 
                integral part of a chain in which even the most 
                seemingly insignificant piece of data can lead to the 
                unraveling of a terrorist threat.
            ``(2) INTEGRAL program.--The Secretary, acting through the 
        Chief Intelligence Officer and in coordination with appropriate 
        Department personnel, shall establish a program to be known as 
        the Intelligence Through Employees Generating Resources for 
        Analytical Leadership (INTEGRAL) Program that--
                    ``(A) is based on evaluations of how employees, 
                including intelligence analysts and law enforcement 
                agents, can better collect, analyze, process, and 
                report intelligence information relevant to the 
                intelligence analysis employees of the Department, the 
                Chief Intelligence Officer, the Office of Intelligence 
                and Analysis, and the wider intelligence community (as 
                that term is defined in section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)));
                    ``(B) provides training, employee exchanges, and 
                other educational opportunities for employees to better 
                develop an understanding of the value of the 
                intelligence information they collect for the 
                intelligence analysis employees of the Department;
                    ``(C) provides guidance on how the information 
                Department employees collect can be used by the 
                intelligence analysis employees of the Department and 
                on what type of intelligence information is most 
                useful;
                    ``(D) creates mechanisms by which employees can 
                communicate the information they gather to the 
                intelligence analysis employees of the Department; and
                    ``(E) establishes strategies for employees to adapt 
                their daily work habits to promote an intelligence 
                culture within the Department.''.
    (b) Reports.--
            (1) Report on office of intelligence and analysis and chief 
        intelligence officer.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall 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 report on the 
        effectiveness and activities of the Office of Intelligence and 
        Analysis and the Chief Intelligence Officer.
            (2) Report on integral program.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit to Congress a report on the 
        development of the INTEGRAL program established under section 
        201(e)(4) of the Homeland Security Act of 2002 (6 U.S.C. 
        121(e)(4)).
    (c) Conforming Amendments.--Such Act is amended--
            (1) in section 103, by striking ``An Under Secretary for 
        Information Analysis and Infrastructure Protection'' and 
        inserting ``A Chief Intelligence Officer'';
            (2) in section 223, by striking ``section 201'' and 
        inserting ``section 203''; and
            (3) by striking ``Under Secretary for Information Analysis 
        and Infrastructure Protection'' each place it appears and 
        inserting ``Chief Intelligence Officer''.
    (d) Heading Amendment.--The heading for subtitle A of title II of 
such Act is amended by striking ``Directorate for Information Analysis 
and Infrastructure Protection'' and inserting ``Chief Intelligence 
Officer''.
    (e) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended--
            (1) by adding after the item relating to section 202 the 
        following:

``Sec. 203. Chief Intelligence Officer.''
; and
            (2) in the item relating to subtitle A of title II, by 
        striking ``Directorate for Information Analysis and 
        Infrastructure Protection'' and inserting ``Chief Intelligence 
        Officer''.

SEC. 103. REPEAL OF DIRECTORATE OF INFORMATION ANALYSIS AND 
              INFRASTRUCTURE PREPAREDNESS.

    (a) Repeal.--Section 201 of the Homeland Security Act of 2002 (6 
U.S.C. 121) is repealed.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 201.
    (c) Conforming Amendment.--Section 510(d) of such Act is amended by 
striking ``Directorate of Information Analysis and Infrastructure 
Preparedness'' and inserting ``Office of Intelligence and Analysis''.

SEC. 104. INTRA-AGENCY TASK FORCE ON PROTECTION OF UNCLASSIFIED BUT 
              SECURITY-RELEVANT INFORMATION PROVIDED BY THE PRIVATE 
              SECTOR.

    (a) Findings.--Congress finds the following:
            (1) The vast majority of critical infrastructure located 
        within the United States is privately owned.
            (2) Securing this infrastructure from terrorist attack 
        requires consistent policy and legislation that encourage the 
        sharing of unclassified but security-relevant information 
        between the private sector and the government.
    (b) Task Force.--The Secretary of the Department of Homeland 
Security shall establish an intra-agency task force to be comprised of 
the Chief Intelligence Officer of the Department, the general counsel, 
the special assistant to the Secretary (private sector), the officer 
for civil liberties and civil rights, the privacy officer, and other 
appropriate personnel of the Department.
    (c) Study.--The task force established under paragraph (2) shall 
conduct a study of unclassified but security-relevant information to--
            (1) determine--
                    (A) what kind of information possessed by the 
                private sector is security-relevant but unclassified 
                information;
                    (B) how such information should be controlled; and
                    (C) the significance of such information for 
                national security.
            (2) propose a policy to encourage the sharing of 
        unclassified but security-relevant information between the 
        private sector and government that--
                    (A) is sensitive to the public benefit of openness 
                and which does not unnecessarily restrict public access 
                to information;
                    (B) addresses private sector fears of business 
                losses due to public disclosure of proprietary 
                information, including disclosure through error, court 
                documents, or public security announcements;
                    (C) addresses private sector fears of liability for 
                disclosure; and
                    (D) addresses the fears of private citizens of 
                inappropriate and overreaching government secrecy.
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the task force shall 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 report based 
on the study conducted under subsection (B).

SEC. 105. REDESIGNATION OF DIRECTORATE.

    (a) In General.--The Homeland Security Act of 2002 is amended--
            (1) by striking ``Directorate of Emergency Preparedness and 
        Response'' each place it appears and inserting ``Directorate of 
        Preparedness and Response'';
            (2) by striking ``Under Secretary of Emergency Preparedness 
        and Response'' each place it appears and inserting ``Under 
        Secretary of Preparedness and Response''; and
            (3) in the heading for title V, by striking ``EMERGENCY''.
    (b) Clerical Amendment.--The item relating to title V in the table 
of contents in section 1(b) of such Act is amended by striking 
``Emergency''.

SEC. 106. ESTABLISHMENT OF ASSISTANT SECRETARY FOR PREPAREDNESS.

    (a) Establishment.--Section 501 of the Homeland Security Act of 
2002 (6 U.S.C. 311) is amended--
            (1) in the section heading, by striking ``under secretary 
        for'' and inserting ``directorate of'';
            (2) by inserting ``(a) Establishment of Directorate; Under 
        Secretary'' before the first sentence; and
            (3) by adding at the end the following:
    ``(b) Assistant Secretary.--
            ``(1) In general.--There shall be in the Department an 
        Assistant Secretary for Preparedness, who shall be appointed by 
        the President.
            ``(2) Responsibilities.--The Assistant Secretary for 
        Preparedness shall perform such functions as were authorized to 
        be performed by the Office for State and Local Government 
        Coordination and Preparedness immediately before the enactment 
        of the Department of Homeland Security Reform Act of 2005.
            ``(3) Consultation with assistant secretary for 
        infrastructure protection.--The Assistant Secretary for 
        Preparedness shall consult with the Assistant Secretary for 
        Infrastructure Protection in the coordination and oversight of 
        the following grant programs:
                    ``(A) Buffer Zone Protection Program.
                    ``(B) Transit Security Grant Program.
                    ``(C) Intercity Passenger Rail Security Grant 
                Program.
                    ``(D) Truck Security Program.
                    ``(E) Intercity Bus Security Program.
                    ``(F) Port Security Grant Program.
            ``(4) Preparedness for terrorism.--In addition to the 
        responsibilities under paragraph (2), the Assistant Secretary 
        for Preparedness shall have the primary responsibility within 
        the executive branch of Government for the preparedness of the 
        United States for acts of terrorism, including--
                    ``(A) coordinating preparedness efforts at the 
                Federal level, and working with all State, local, 
                tribal, parish, and private sector emergency response 
                providers on all matters pertaining to combating 
                terrorism, including training, exercises, and equipment 
                support;
                    ``(B) coordinating or, as appropriate, 
                consolidating communications and systems of 
                communications relating to homeland security at all 
                levels of government;
                    ``(C) directing and supervising terrorism 
                preparedness grant programs of the Federal Government 
                (other than those programs administered by the 
                Department of Health and Human Services) for all 
                emergency response providers;
                    ``(D) incorporating the Strategy priorities into 
                planning guidance on an agency level for the 
                preparedness efforts of the Office for Domestic 
                Preparedness;
                    ``(E) providing agency-specific training for agents 
                and analysts within the Department, other agencies, and 
                State and local agencies and international entities;
                    ``(F) as the lead executive branch agency for 
                preparedness of the United States for acts of 
                terrorism, cooperating closely with the Federal 
                Emergency Management Agency, which shall have the 
                primary responsibility within the executive branch to 
                prepare for and mitigate the effects of nonterrorist-
                related disasters in the United States;
                    ``(G) assisting and supporting the Secretary, in 
                coordination with other Directorates and entities 
                outside the Department, in conducting appropriate risk 
                analysis and risk management activities of State, 
                local, and tribal governments consistent with the 
                mission and functions of the Directorate;
                    ``(H) those elements of the Office of National 
                Preparedness of the Federal Emergency Management Agency 
                which relate to terrorism, which shall be consolidated 
                within the Department in the Office for Domestic 
                Preparedness established under this section; and
                    ``(I) helping to ensure the acquisition of 
                interoperable communication technology by State and 
                local governments and emergency response providers.
    ``(c) National Capital Region Coordination.--The Under Secretary of 
Preparedness and Response shall have primary responsibility for 
oversight and coordination of Federal programs for and relationships 
with State, local, and regional authorities in the National Capital 
Region, as defined under section 2674(f)(2) of title 10, United States 
Code.
    ``(d) Military Liaison.--
            ``(1) Establishment.--There shall be in the Directorate of 
        Preparedness and Response a Military Liaison, who shall be 
        appointed by the President.
            ``(2) Responsibilities.--The Military Liaison shall consult 
        with the Secretary of Defense and coordinate the activities of 
        the Directorate with the efforts of the Secretary of Defense to 
        assist in preparedness and response with respect to hazards 
        that threaten the loss of life and property in the United 
        States.''.
    (b) Clerical Amendment.--The table of contents in section 2 of such 
Act is amended by striking the item relating to section 501 and 
inserting the following:

``Sec. 501. Directorate of Preparedness and Response.''.
    (c) Elimination of Office for State and Local Government 
Coordination and Preparedness and Office for Domestic Preparedness.--
            (1) Office for state and local government coordination and 
        preparedness.--Section 801 of the Homeland Security Act of 2002 
        (6 U.S.C. 361) is repealed.
            (2) Office for domestic preparedness.--Section 430 of the 
        Homeland Security Act of 2002 (6 U.S.C. 238) is repealed.
            (3) Clerical amendment.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended by 
        striking the items relating to sections 430 and 801.
    (d) Elimination of Office of National Capital Region 
Coordination.--
            (1) Transfer of functions.--Effective as of the date of the 
        enactment of this Act, there are transferred to the Directorate 
        of Preparedness and Response the functions performed 
        immediately before such transfer occurs by the Office of 
        National Capital Region Coordination, pursuant to section 882 
        of the the Homeland Security Act of 2002 (6 U.S.C. 462).
            (2) Repeal.--Section 882 of the Homeland Security Act of 
        2002 (6 U.S.C. 462) is repealed.
            (3) Clerical amendment.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended by 
        striking the item relating to section 882.
            (4) Conforming amendment.--Section 102(c) of such Act is 
        amended by striking ``the Office of State and Local 
        Coordination (established under section 801)'' and inserting 
        ``the Under Secretary of Preparedness and Response''.

SEC. 107. ESTABLISHMENT OF DIRECTOR AND DEPUTY DIRECTOR OF FEDERAL 
              EMERGENCY MANAGEMENT AGENCY.

    (a) Establishment of Position.--Section 507 of the Homeland 
Security Act of 2002 (6 U.S.C. 317) is amended--
            (1) in the heading by striking ``role of'';
            (2) by redesignating subsections (a) and (b) as subsections 
        (c) and (d), respectively; and
            (3) by inserting before subsection (b), as so redesignated, 
        the following:
    ``(b) Director.--
            ``(1) In general.--The Federal Emergency Management Agency 
        shall be headed by a Director who shall be an Assistant 
        Secretary within the Preparedness and Response Directorate.
            ``(2) Qualification.--The Director shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate, from among individuals who have extensive background in 
        emergency or disaster-related management.
            ``(3) Term of office.--The term of office of an individual 
        as Director shall be 5 years.
    ``(c) Deputy Director.--There shall be a Deputy Director of the 
Federal Emergency Management Agency, who shall be appointed by the 
Director. The Deputy Director shall be a career Federal service 
employee.''.
    (b) Rate of Pay.--Chapter 53 of title 5, United States Code, is 
amended
            (1) in section 5313 by adding at the end the following: 
        ``Director, Federal Emergency Management Agency.''; and
            (2) in section 5314 by adding at the end the following: 
        ``Deputy Director, Federal Emergency Management Agency.''
    (c) Clerical Amendment.--The table of contents in section 2 of the 
Homeland Security Act of 2002 is amended by striking the item relating 
to section 507 and inserting the following:

``Sec. 507. Federal Emergency Management Agency.''.

SEC. 108. CHIEF MEDICAL OFFICER.

    (a) Establishment.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended--
            (1) by redesignating the second section 510 as section 511; 
        and
            (2) by adding at the end the following:

``SEC. 512. CHIEF MEDICAL OFFICER.

    ``(a) Chief Medical Officer.--There is in the Directorate of 
Preparedness and Response a Chief Medical Officer who shall be an 
Assistant Secretary.
    ``(b) Responsibilities.--Subject to the direction and control of 
the Secretary, the responsibilities of the Chief Medical Officer shall 
include the following:
            ``(1) To coordinate activities related to emergency 
        management system terrorism preparedness.
            ``(2) To serve as liaison to the emergency management 
        system community.
            ``(3) To evaluate training programs and standards for 
        emergency management system personnel related to terrorism 
        preparedness.
            ``(4) To conduct periodic assessments into the needs and 
        capabilities of emergency management system providers, 
        including governmental and nongovernmental providers.
            ``(5) To conduct periodic research into the number of 
        emergency management system personnel, including
                    ``(A) governmental and nongovernmental emergency 
                management system personnel; and
                    ``(B) emergency management system providers 
                associated with fire departments or hospitals.
            ``(6) To contribute to the development of material threat 
        assessments and material threat determinations for Project 
        BioShield.
            ``(7) To serve as a member of the Weapons of Mass 
        Destruction Medical Countermeasures subcommittee of the 
        National Science and Technology Council and the White House 
        Office of Science and Technology Policy.
            ``(8) To consult with the Department of Health and Human 
        Services during the development of any request for proposals 
        under Project BioShield.
            ``(9) To be responsible for the oversight of the 
        Metropolitan Medical Response System.
            ``(10) To consult with the Secretary of Health and Human 
        Services and the Director of the Centers for Disease Control 
        and Prevention to ensure that the public health infrastructure 
        of the United States is ready to respond to a mass casualty 
        event or an attack on the United States population involving a 
        biological, chemical, radiological, or nuclear weapon.
            ``(11) To develop and update guidelines to be distributed 
        to local authorities for medical plans for responding to 
        biological, chemical, radiological, or nuclear weapon attacks.
            ``(12) To perform other such duties relating to such 
        responsibilities as the Secretary may provide.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the items 
relating to section 509 the following:

``Sec. 510. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.
``Sec. 512. Chief Medical Officer.''.

SEC. 109. OPERATIONS OFFICE.

    (a) Sense of Congress Regarding Consolidation of CBP and ICE.--
            (1) Findings.--Congress finds that--
                    (A) the Bureau of Customs and Border Protection 
                (CBP) of the Department of Homeland Security is 
                responsible for managing, controlling, and protecting 
                the borders of the United States, at and between United 
                States ports of entry;
                    (B) U.S. Immigration and Customs Enforcement (ICE) 
                of the Department of Homeland Security is the 
                investigative and enforcement arm of the Department of 
                Homeland Security responsible for hindering terrorism 
                through the identification and resolution of violations 
                and vulnerabilities in Federal immigration laws, 
                customs laws, and air security laws;
                    (C) in the report titled ``DHS 2.0 Rethinking The 
                Department Of Homeland Security'', the Heritage 
                Foundation recommended that a more efficient 
                organization of border security which would be 
                consistent with an effective homeland security program 
                would require merging CBP and ICE;
                    (D) the current separation of CBP and ICE by the 
                Department of Homeland Security has created 
                organizational ``turf battles'' and inefficiency; and
                    (E) a combined entity containing components of CBP 
                and ICE will bring together all of the tools for 
                effective border and immigration enforcement.
            (2) Sense of congress.--It is the sense of Congress that 
        the Bureau of Customs and Border Protection (CPB) and U.S. 
        Immigration and Customs Enforcement (ICE), currently separate 
        entities within the Department of Homeland Security, should be 
        merged into a single operational unit within the Department of 
        Homeland Security to better protect the borders of the United 
        States and to conduct interior enforcement operations and 
        investigations to increase homeland security.
    (b) Report on the Functions of the Transportation Security 
Administration.--
            (1) In general.--Within 120 days after the date of the 
        enactment of this Act, the Secretary shall report to Congress 
        the methodology and manner that the Transportation Security 
        Administration will use to protect all modes of our Nation's 
        transportation systems from acts of terrorism.
            (2) Requirements of report.--The report required under 
        paragraph (1) shall set forth the following:
                    (A) Plans for the allocation of resources to manage 
                risks, address threats, and enhance security across all 
                transportation modes.
                    (B) The rationale for the allocation of resources 
                that has resulted in non-aviation modes of 
                transportation receiving fewer resources for security 
                enhancements than aviation.
                    (C) A methodology to resolve the disparity in 
                resource allocation across modes of transportation.
                    (D) Any structural and organizational changes 
                necessary to ensure the effective operation and 
                management of the Transportation Security 
                Administration as a transportation security agency for 
                all modes of transportation.
                    (E) A description of ongoing and planned research 
                and development programs for all modes of 
                transportation, including rail and transit security, 
                that includes the funding for such programs and efforts 
                that have occurred since March 11, 2004.

SEC. 110. AUTHORITIES OF THE PRIVACY OFFICER OF THE DEPARTMENT OF 
              HOMELAND SECURITY.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
            (1) by striking ``The Secretary shall establish'' and 
        inserting the following:
    ``(a) Appointment and Responsibilities.--The Secretary shall 
establish''; and
            (2) by adding at the end the following new subsection:
    ``(b) Authority to Investigate.--
            ``(1) In general.--The senior official appointed under this 
        section--
                    ``(A) shall have access to any record, report, 
                audit, review, document, paper, recommendation, or 
                other material available to the Department relating to 
                any program or operation for which the senior official 
                has responsibility under this section;
                    ``(B) shall make such investigations and reports 
                relating to the administration of the programs and 
                operations of the Department as are, in the judgment of 
                the senior official, necessary or desirable;
                    ``(C) may require by subpoena the production, by 
                persons other than Federal agencies, of all 
                information, documents, reports, answers, records, 
                accounts, papers, and other data and documentary 
                evidence necessary to performance of the functions of 
                the senior official under this section;
                    ``(D) may administer to or take from any person an 
                oath, affirmation, or affidavit, whenever necessary to 
                performance of the functions of the senior official 
                under this section; and
                    ``(E) may take any other action authorized to be 
                taken by the Inspector General of the Department, as 
                necessary to require employees of the Department to 
                produce documents and answer questions relevant to 
                performance of the functions of the senior official 
                under this section.
            ``(2) Enforcement of subpoenas.--Any subpoena issued under 
        paragraph (1)(C) shall, in the case of contumacy or refusal to 
        obey, be enforceable by order of any appropriate United States 
        district court.
            ``(3) Effect of oaths.--Any oath, affirmation, or affidavit 
        administered or taken under paragraph (1)(D) by or before an 
        employee of the Privacy Office designated for that purpose by 
        the senior official appointed under subsection (a) shall have 
        the same force and effect as if administered or taken by or 
        before an officer having a seal of office.
    ``(c) Term of Office.--The term of appointment of a senior official 
under subsection (a) shall be 5 years.
    ``(d) Reports to Congress.--The senior official appointed under 
subsection (a) shall submit reports directly to the Congress regarding 
performance of the responsibilities of the senior official under this 
section, without any prior comment or amendment by the Secretary, 
Deputy Secretary, or any officer or employee of the Department or the 
Office of Management and Budget.''.

SEC. 111. GREATER ACCOUNTABILITY.

    (a) Elimination of Under Secretary for Management.--
            (1) Transfer of functions.--Effective as of the date of the 
        enactment of this Act, there are transferred to the Secretary 
        the functions performed immediately before such transfer occurs 
        by the Under Secretary for Management pursuant to section 
        701(b) of the the Homeland Security Act of 2002 (6 U.S.C. 
        341(b)).
            (2) Repeal.--Section 701 of the Homeland Security Act of 
        2002 (6 U.S.C. 341) is repealed.
    (b) Authority of Chief Financial Officer Over Component Financial 
Officers.--Section 702 of such Act (15 U.S.C. 342) is amended by adding 
at the end the following new sentence: ``The Chief Financial Officer 
shall exercise joint authority, with the component agency heads of the 
Department, over financial officers in the component agencies and 
entities of the Department.''
    (c) Authority of Chief Information Officer Over Component 
Information Officers.--Section 703 of such Act (15 U.S.C. 343) is 
amended by adding at the end the following new sentence: ``The Chief 
Information Officer shall exercise joint authority, with the component 
agency heads of the Department, over information officers in the 
component agencies and entities of the Department.''
    (d) Authority of Chief Human Capital Officer of Component Human 
Capital Officers.--Section 704 of such Act (6 U.S.C. 344) is amended by 
striking ``and'' after ``as the Secretary may direct'' and inserting 
the following: ``. The Chief Human Capital Officer shall exercise joint 
authority, with the component agency heads of the Department, over 
human capital officers in the component agencies and entities of the 
Department. The Chief Human Capital Officer shall''.
    (e) Business Transformation Officer.--Title VII of such Act (6 
U.S.C. 341 et seq.) is amended by adding at the end the following new 
section:

``SEC. 707. BUSINESS TRANSFORMATION OFFICER.

    ``The Business Transformation Officer shall report to the 
Secretary, or to another official of the Department, as the Secretary 
may direct. The Business Transformation Officer shall--
            ``(1) develop an overarching management integration 
        strategy with recommendations and performance goals for the 
        Department, in consultation with the Chief Procurement Officer, 
        the Chief Human Capital Officer, the Chief Intelligence 
        Officer, and any other appropriate official of the Department; 
        and
            ``(2) report to the Secretary and the appropriate 
        congressional committees of jurisdiction on a quarterly basis 
        as to the progress of the management integration strategy of 
        the Department.''.
    (f) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended--
            (1) by striking the item relating to section 701; and
            (2) by inserting after the item relating to section 706 the 
        following:

``Sec. 707. Business Transformation Officer.''.

SEC. 112. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--No covered individual may be discharged, demoted, 
suspended, threatened, harassed, reprimanded, investigated, or in any 
other manner discriminated against (including by a denial, suspension, 
or revocation of a security clearance or by any other security access 
determination) if such discrimination is due, in whole or in part, to 
any lawful act done, perceived to have been done, or intended to be 
done by the covered individual--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the covered individual reasonably believes 
        constitutes a violation of any law, rule or regulation relating 
        to national or homeland security, which the covered individual 
        reasonably believes constitutes a threat to national or 
        homeland security, or which the covered individual reasonably 
        believes constitutes fraud, waste or mismanagement of 
        Government funds intended to be used for national or homeland 
        security, when the information or assistance is provided to or 
        the investigation is conducted by--
                    (A) a Federal, State or local regulatory or law 
                enforcement agency (including an office of Inspector 
                General under the Inspector General Act of 1978);
                    (B) any Member of Congress, any committee of 
                Congress, or the Government Accountability Office;
                    (C) a person with supervisory authority over the 
                covered individual (or such other person who has the 
                authority to investigate, discover, or terminate 
                misconduct); or
                    (D) the Privacy Officer of the Department;
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to an alleged violation of any law, rule or 
        regulation relating to national or homeland security; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation relating to national or homeland 
        security.
    (b) Enforcement Action.--
            (1) In general.--A covered individual who alleges discharge 
        or other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c) by--
                    (A) filing a complaint with the Secretary of Labor; 
                or
                    (B) if the Secretary has not issued a final 
                decision within 180 days after the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, bringing an 
                action at law or equity for de novo review in the 
                appropriate district court of the United States, which 
                shall have jurisdiction over such an action without 
                regard to the amount in controversy.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49, United States 
                Code.
                    (B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) of title 49, 
                United States Code.
                    (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 1 year 
                after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A covered individual prevailing in any 
        action under subsection (b)(1) shall be entitled to all relief 
        necessary to make the covered individual whole.
            (2) Damages.--Relief for any action under paragraph (1) 
        shall include--
                    (A) reinstatement with the same seniority status 
                that the covered individual would have had, but for the 
                discrimination;
                    (B) the amount of any back pay, with interest;
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees; and
                    (D) punitive damages in an amount not to exceed the 
                greater of 3 times the amount of any compensatory 
                damages awarded under this section.
    (d) State Secrets Privilege.--If, in any action brought under 
subsection (b)(1)(B), the Government asserts as a defense the privilege 
commonly referred to as the ``state secrets privilege'' and the 
assertion of such privilege prevents the plaintiff from establishing a 
prima facie case in support of the plaintiff's claim, the court shall 
enter judgment for the plaintiff and shall determine the relief to be 
granted.
    (e) Criminal Penalties.--
            (1) In general.--It shall be unlawful for any person 
        employing a covered individual to commit an act prohibited by 
        subsection (a). Any person violating this paragraph shall be 
        fined under title 18 of the United States Code, imprisoned not 
        more than 10 years, or both.
            (2) Reporting requirement.--The Department of Justice shall 
        submit to Congress an annual report on the enforcement of 
        paragraph (1). Each such report shall (A) identify each case in 
        which formal charges under paragraph (1) were brought, (B) 
        describe the status or disposition of each such case, and (C) 
        in any actions under subsection (b)(1)(B) in which the covered 
        individual was the prevailing party or the substantially 
        prevailing party, indicate whether or not any formal charges 
        under paragraph (1) have been brought and, if not, the reasons 
        therefor.
    (f) Rights Retained by Covered Individual.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies of any 
covered individual under any Federal or State law, or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or condition 
of employment.
    (g) Definitions.--For purposes of this section--
            (1) the term ``covered individual'' means an employee of--
                    (A) the Department of Homeland Security (which, for 
                purposes of this section, includes the Transportation 
                Security Administration);
                    (B) a Federal contractor or subcontractor; and
                    (C) an employer within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e(b));
            (2) the term ``lawful'' means not specifically prohibited 
        by law, except that, in the case of any information the 
        disclosure of which is specifically prohibited by law or 
        specifically required by Executive order to be kept secret in 
        the interest of national defense or the conduct of foreign 
        affairs, any disclosure of such information to any Member of 
        Congress, committee of Congress, or other recipient authorized 
        to receive such information, shall be deemed lawful;
            (3) the term ``Federal contractor'' means a person who has 
        entered into a contract with the Department of Homeland 
        Security;
            (4) the term ``employee'' means--
                    (A) with respect to an employer referred to in 
                paragraph (1)(A), an employee as defined by section 
                2105 of title 5, United States Code; and
                    (B) with respect to an employer referred to in 
                subparagraph (A) or (B) of paragraph (1), any officer, 
                partner, employee, or agent;
            (5) the term ``subcontractor''--
                    (A) means any person, other than the Federal 
                contractor, who offers to furnish or furnishes any 
                supplies, materials, equipment, or services of any kind 
                under a contract with the Department of Homeland 
                Security or a subcontract entered into in connection 
                with such a contract; and
                    (B) includes any person who offers to furnish or 
                furnishes general supplies to the Federal contractor or 
                a higher tier subcontractor; and
            (6) the term ``person'' means a corporation, partnership, 
        State entity, business association of any kind, trust, joint-
        stock company, or individual.
    (h) Authorization of Funds.--Of the amounts authorized under 
section 101, there is authorized to be appropriated amounts necessary 
for carrying out this section. Except as provided in the preceding 
sentence, this section shall have no force or effect.

SEC. 113. OFFICE OF TRIBAL SECURITY.

    The Homeland Security Act of 2002 (Public Law 107-296) is amended--
            (1) by inserting after section 801 the following new 
        section:

``SEC. 802. OFFICE OF TRIBAL SECURITY.

    ``(a) Short Title.--This section may be cited as the `Tribal 
Homeland Security Act'.
    ``(b) Establishment.--There is established within the Department of 
Homeland Security the Office of Tribal Security.
    ``(c) Director.--The Office of Tribal Security shall be 
administered by a Director, who shall report to the Secretary of 
Homeland Security.
    ``(d) Duties.--The Director shall be responsible for coordinating 
relations between the Federal Government and federally recognized 
Indian tribes on issues relating to homeland security, which shall 
include the following duties:
            ``(1) Providing a point of contact within Department of 
        Homeland Security which shall be responsible for--
                    ``(A) meeting the broad and complex Federal 
                responsibilities owed to federally recognized Indian 
                tribes by the Department of Homeland Security; and
                    ``(B) soliciting and, where appropriate, addressing 
                the homeland security concerns of federally recognized 
                Indian tribes and other parties interested in Indian 
                affairs.
            ``(2) Communicating relevant policies of the Department of 
        Homeland Security to federally recognized Indian tribes and the 
        public.
            ``(3) Promoting internal uniformity of Department of 
        Homeland Security policies relating to Indian country (as 
        defined in section 1151 of title 18, United States Code).
            ``(4) Coordinating with the relevant offices within the 
        Department and tribal governments to develop a comprehensive 
        border security policy that addresses law enforcement, 
        personnel, and funding issues in Indian country (as defined in 
        section 1151 of title 18, United States Code) on the United 
        States borders with Canada and with Mexico.
            ``(5) Coordinating with the Assistant Secretary for 
        Infrastructure Protection and tribal governments to develop 
        appropriate policies for infrastructure protection on Indian 
        lands, as well as information sharing mechanisms with tribal 
        governments.
            ``(6) Coordinating with the relevant offices within the 
        Department to help ensure that tribal governments are fully 
        informed of, have access to, and may apply for all Department 
        of Homeland Security grant opportunities for emergency response 
        providers, and to develop and achieve preparedness goals for 
        tribal governments that are consistent with national goals for 
        terrorism preparedness, as determined by the Department.
            ``(7) Coordinating with the Director of Science and 
        Technology to identify opportunities to conduct research and 
        development of homeland security technologies or scientific 
        understanding for tribal universities or private sector 
        entities.
            ``(8) Coordinating with U.S. Citizenship and Immigration 
        Services and other relevant entities within the Department of 
        Homeland Security having immigration services- or enforcement-
        related functions to develop policies on issues related to 
        citizenship and the movement of members of federally recognized 
        Indian tribes across the United States border, taking into 
        consideration the unique characteristics of certain federally 
        recognized Indian tribes with jurisdiction over lands adjacent 
        to the Canadian and Mexican borders.
            ``(9) Coordinating with other offices within the Department 
        of Homeland Security to develop and implement sound policies 
        regarding Indian country (as defined in section 1151 of title 
        18, United States Code) and tribal governments.''; and
            (2) in the table of sections, by inserting after the item 
        relating to section 801 the following new item:

``Sec. 802. Office of Tribal Security.''.

SEC. 114. ASSISTANT SECRETARY FOR CYBERSECURITY AND TELECOMMUNICATIONS.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.), as amended by section 108, is further amended by 
adding at the end the following new section:

``SEC. 513. ASSISTANT SECRETARY FOR CYBERSECURITY AND 
              TELECOMMUNICATIONS.

    ``(a) In General.--There shall be in the Directorate for 
Preparedness and Response a National Cybersecurity Office, which shall 
be headed by an Assistant Secretary for Cybersecurity and 
Telecommunications, who shall be appointed by the President.
    ``(b) General Authority.--Subject to the direction and control of 
the Secretary, the Assistant Secretary for Cybersecurity and 
Telecommunications shall have primary authority within the Department 
for all critical infrastructure protection programs of the Department 
relating to cybersecurity, including with respect to policy formulation 
and program management.
    ``(c) Responsibilities.--The Assistant Secretary for Cybersecurity 
and Telecommunications shall assist the Secretary in promoting national 
cybersecurity and telecommunications security and the responsibilities 
of the Assistant Secretary shall include the following duties:
            ``(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 cybersecurity infrastructure and in 
                        the restoration of such infrastructure in the 
                        aftermath of an attack;
                    ``(B) a national cybersecurity threat and 
                vulnerability reduction program to--
                            ``(i) identify cybersecurity 
                        vulnerabilities that effect critical national 
                        infrastructure;
                            ``(ii) perform vulnerability assessments on 
                        information technologies; and
                            ``(iii) coordinate the mitigation of such 
                        vulnerabilities;
                    ``(C) a national cybersecurity awareness and 
                training program to promote cybersecurity awareness 
                among the public and the private sectors and 
                cybersecurity training and education programs;
                    ``(D) a Government-wide 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 as appropriate 
        and to promote cybersecurity information sharing, vulnerability 
        assessment, and threat warning with respect to 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 Policy to 
        ensure that the national response plan developed pursuant to 
        section 502(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 in 
        establishing a secure information sharing architecture and 
        information sharing processes, including with respect to the 
        operation centers of the Department.
            ``(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 Director of 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 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 after the items relating to title V the 
following new item:

``Sec. 513. Assistant Secretary for Cybersecurity and 
                            Telecommunications.''.

SEC. 115. ASSISTANT SECRETARY FOR PHYSICAL INFRASTRUCTURE SECURITY.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.), as amended by sections 108 and 114, is further 
amended by adding at the end the following new section:

``SEC. 514 ASSISTANT SECRETARY FOR PHYSICAL INFRASTRUCTURE SECURITY.

    ``(a) In General.--There shall be in the Directorate for 
Preparedness and Response an Assistant Secretary for Physical 
Infrastructure Security, who shall be appointed by the President.
    ``(b) Assistant Secretary for Physical Infrastructure Security.--
            ``(1) Authority.--Subject to the direction and control of 
        the Secretary, the Assistant Secretary for Physical 
        Infrastructure Security shall have primary authority within the 
        Department, including authority with respect to policy 
        formulation and program management, for all physical critical 
        infrastructure protection programs of the Department, including 
        the following areas of responsibility:
                    ``(A) Agriculture.
                    ``(B) Food.
                    ``(C) Water.
                    ``(D) Public Health.
                    ``(E) Emergency Services.
                    ``(F) Government.
                    ``(G) Defense Industrial Base.
                    ``(H) Energy.
                    ``(I) Transportation.
                    ``(J) Banking and Finance.
                    ``(K) Chemical Industry and Hazardous Materials.
                    ``(L) Postal and Shipping.
                    ``(M) National Icons and Monuments.
                    ``(N) Commercial Assets.
                    ``(O) Dams.
                    ``(P) Nuclear Power Plants.
                    ``(Q) Structures housing a significant number of 
                people.
            ``(2) Responsibilities.--The Assistant Secretary for 
        Physical Infrastructure Security shall assist the Under 
        Secretary for Preparedness and Response in discharging the 
        responsibilities of the Under Secretary under this section. 
        Subject to the direction and control of the Secretary, the 
        responsibilities of the Assistant Secretary for Physical 
        Infrastructure Security shall be as follows:
                    ``(A) To establish and manage--
                            ``(i) a national physical infrastructure 
                        security system to--
                                    ``(I) analyze the effect of 
                                physical infrastructure threats on the 
                                population, national economy, and other 
                                critical infrastructure; and
                                    ``(II) aid in the detection and 
                                warning of attacks on, and in the 
                                restoration of, physical security 
                                infrastructure in the aftermath of 
                                attacks on the national physical 
                                infrastructure;
                            ``(ii) a national physical infrastructure 
                        vulnerability reduction program that identifies 
                        vulnerabilities of critical infrastructure, 
                        performs vulnerability assessments on 
                        infrastructure systems and technologies, and 
                        coordinates the mitigation of such 
                        vulnerabilities; and
                            ``(iii) a program to coordinate and consult 
                        with Federal, State, and local governments to 
                        enhance their physical security programs.
                    ``(B) To coordinate with other directorates and 
                offices within the Department on infrastructure 
                security.
                    ``(C) To coordinate with the Under Secretary for 
                Preparedness and Response to ensure that the National 
                Response Plan developed pursuant to section 502(6) 
                includes appropriate measures for the recovery of the 
                physical infrastructure elements.
                    ``(D) To develop processes for sharing information 
                with state and local governments, and, if appropriate, 
                the private sector, to--
                            ``(i) promote voluntary infrastructure 
                        security best practices, standards, and 
                        benchmarks that are responsive to rapid 
                        technology changes and to the security needs of 
                        critical infrastructure; and
                            ``(ii) consider the roles of Federal, 
                        State, local, and foreign governments and the 
                        private sector, including the insurance 
                        industry and auditors.
                    ``(E) To consult with the Under Secretary for 
                Preparedness and Response to ensure that realistic 
                infrastructure security scenarios are incorporated into 
                tabletop and recovery exercises.
                    ``(F) To consult and coordinate, as appropriate, 
                with other Federal agencies on programs, policies, and 
                operations related to infrastructure security.
                    ``(G) To advise the Under Secretary for 
                Preparedness and Response on any regulatory authority 
                that is needed in order to fulfill the responsibilities 
                listed in this section.
                    ``(H) To carry out comprehensive assessments of the 
                vulnerabilities of the key resources and critical 
                infrastructure of the United States, including the 
                performance of risk assessments to determine the risks 
                posed by particular types of terrorist attacks within 
                the United States (including an assessment of the 
                probability of success of such attacks and the 
                feasibility and potential efficacy of various 
                countermeasures to such attacks).
                    ``(I) To develop a comprehensive national plan for 
                securing the key resources and critical infrastructure 
                of the United States, including power production, 
                generation, and distribution systems, information 
                technology and telecommunications systems (including 
                satellites), electronic financial and property record 
                storage and transmission systems, emergency 
                preparedness communications systems, and the physical 
                and technological assets that support such systems.
                    ``(J) To recommend measures necessary to protect 
                the key resources and critical infrastructure of the 
                United States in coordination with other agencies of 
                the Federal Government and in cooperation with State 
                and local government agencies and authorities, the 
                private sector, and other entities.
                    ``(K) To perform such other duties relating to such 
                responsibilities as the Secretary may provide.
            ``(3) Consultation with chief intelligence officer.--
        Subject to the direction and control of the Secretary, the 
        Assistant Secretary for Physical Infrastructure Security shall 
        consult with the Chief Intelligence Officer on the following 
        responsibilities:
                    ``(A) To integrate relevant information, analyses, 
                and vulnerability assessments (whether such 
                information, analyses, or assessments are provided or 
                produced by the Department or others) in order to 
                identify priorities for protective and support measures 
                by the Department, other agencies of the Federal 
                Government, State and local government agencies.
                    ``(B) To ensure, in conjunction with the Chief 
                Information Officer of the Department, that any 
                information databases and analytical tools developed or 
                utilized by the Department--
                            ``(i) are compatible with one another and 
                        with relevant information databases of other 
                        agencies of the Federal Government; and
                            ``(ii) treat information in such databases 
                        in a manner that complies with applicable 
                        Federal law on privacy.
                    ``(C) To coordinate with elements of the 
                intelligence community and with Federal, State, and 
                local law enforcement agencies, and the private sector, 
                as appropriate.''.
    (b) Reports Required.--
            (1) Report on certain vulnerabilities.--
                    (A) In general.--Not later than December 30, 2005, 
                the Assistant Secretary for Physical Infrastructure 
                Security of the Department of Homeland Security, in 
                coordination with the Chief Intelligence Officer of the 
                Department of Homeland Security and appropriate 
                personnel charged with infrastructure protection and 
                emergency preparedness and response for the Department, 
                shall submit to the President and Congress a 
                comprehensive report assessing the vulnerabilities of 
                the key resources and critical infrastructure of the 
                United States.
                    (B) Methodology.--The report shall be based on 
                commonly accepted risk-assessment methodologies and 
                shall prioritize vulnerabilities based upon actual and 
                prospective threats so that appropriate protective and 
                support measures can be taken. To the extent possible, 
                the report should include not only a general 
                prioritization of vulnerabilities but also a 
                prioritization of vulnerabilities by resource and 
                infrastructure sector.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding after the items relating to title V the 
following new item:

``Sec. 514. Assistant Secretary for Physical Infrastructure 
                            Security.''.

SEC. 116. UNDER SECRETARY FOR POLICY.

    Section 103(a) of such Act is amended--
            (1) by redesignating paragraphs (6) through (10) as 
        paragraphs (7) through (11), accordingly; and
            (2) by inserting after paragraph (5) the following new 
        paragraph (6):
            ``(6) An Under Secretary for Policy.''.

             TITLE II--SECURE HANDLING OF AMMONIUM NITRATE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Secure Handling of Ammonium 
Nitrate Act of 2005''.

SEC. 202. FINDINGS.

    Congress finds the following:
            (1) Although ammonium nitrate is an important fertilizer 
        used in agricultural production, in the wrong hands, ammonium 
        nitrate can be used to create explosives and was so used in 
        terrorist attacks conducted in in Oklahoma City, Bali, and 
        Istanbul.
            (2) The production, importation, storage, sale, and 
        distribution of ammonium nitrate affects interstate and 
        intrastate commerce.
            (3) It is necessary for the Secretary of Homeland Security 
        to regulate the production, storage, sale, and distribution of 
        ammonium nitrate on account of the prior use of ammonium 
        nitrate to create explosives used in acts of terrorism and the 
        prevent terrorists from acquiring ammonium nitrate to create 
        explosives.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Title.--The term ``this title'' includes regulations 
        issued under this title.
            (2) Ammonium nitrate.--The term ``ammonium nitrate'' means 
        solid ammonium nitrate that is chiefly the ammonium salt of 
        nitric acid and contains not less than 33 percent nitrogen, of 
        which--
                    (A) 50 percent is in ammonium form; and
                    (B) 50 percent is in nitrate form.
            (3) Facility.--The term ``facility'' means any site where 
        ammonium nitrate is produced, stored, or held for distribution, 
        sale, or use. The term includes--
                    (A) all buildings or structures used to produce, 
                store, or hold ammonium nitrate for distribution, sale, 
                or use at a single site; and
                    (B) multiple sites described in subparagraph (A), 
                if the sites are--
                            (i) contiguous or adjacent; and
                            (ii) owned or operated by the same person.
            (4) Handle.--The term ``handle'' means to produce, store, 
        sell, or distribute ammonium nitrate.
            (5) Handler.--The term ``handler'' means any person that 
        produces, stores, sells, or distributes ammonium nitrate.
            (6) Purchaser.--The term ``purchaser'' means any person 
        that purchases ammonium nitrate.
            (7) Terrorism.--The term ``terrorism'' has the meaning 
        given that term in section 2(15) of the Homeland Security Act 
        of 2002 (6 U.S.C. 101(15)).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 204. REGULATION OF HANDLING AND PURCHASE OF AMMONIUM NITRATE.

    (a) In General.--The Secretary may regulate the handling and 
purchase of ammonium nitrate to prevent the misappropriation or use of 
ammonium nitrate in an act of terrorism.
    (b) Regulations.--The Secretary may promulgate regulations that 
require--
            (1) handlers--
                    (A) to register facilities;
                    (B) to sell or distribute ammonium nitrate only to 
                handlers and purchasers registered under this title; 
                and
                    (C) to maintain records of sale or distribution 
                that include the name, address, telephone number, and 
                registration number of the immediate subsequent 
                purchaser of ammonium nitrate; and
            (2) purchasers to be registered.
    (c) Use of Previously Submitted Information.--Prior to requiring a 
facility or handler to submit new information for registration under 
this section, the Secretary shall--
            (1) request from the Attorney General, and the Attorney 
        General shall provide, any information previously submitted to 
        the Attorney General by the facility or handler under section 
        843 of title 18, United States Code; and
            (2) at the election of the facility or handler--
                    (A) use the license issued under that section in 
                lieu of requiring new information for registration 
                under this section; and
                    (B) consider the license to fully comply with the 
                requirement for registration under this section.
    (d) Consultation.--In promulgating regulations under this section, 
the Secretary shall consult with the Secretary to Agriculture to ensure 
that the access of agricultural producers to ammonium nitrate is not 
unduly burdened.
    (e) Data Confidentiality.--Notwithstanding section 552 of title 5, 
United States Code, or the USA PATRIOT ACT (Public Law 107-56; 115 
Stat. 272) or an amendment made by that Act, the Secretary may not 
disclose to any person any information obtained from any facility, 
handler, or purchaser--
            (1) regarding any action taken, or to be taken, at the 
        facility or by the handler or purchaser to ensure the secure 
        handling of ammonium nitrate; or
            (2) that would disclose--
                    (A) the identity or address of any purchase of 
                ammonium nitrate;
                    (B) the quantity of ammonium nitrate purchased; or
                    (C) the details of the purchase transaction.
    (f) Exceptions to Data Confidentiality.--The Secretary may disclose 
any information described in subsection (e)--
            (1) to an officer or employee of the United States, or a 
        person that has entered into a contract with the United States, 
        who needs to know the information to perform the duties of the 
        officer, employee, or person, or to a State agency pursuant to 
        an arrangement under section 206, under appropriate 
        arrangements to ensure the protection of the information;
            (2) to the public, to the extent the Secretary specifically 
        finds that disclosure of particular information is required in 
        the public interest; or
            (3) to the extent required by order of a Federal court in a 
        proceeding in which the Secretary is a party, under such 
        protective measures as the court may prescribe.

SEC. 205. ENFORCEMENT.

    (a) Inspections.--The Secretary, without a warrant, may enter any 
place during business hours that the Secretary believes may handle 
ammonium nitrate to determine whether the handling is being conducted 
in accordance with this title.
    (b) Prevention of Sale or Distribution Order.--In any case in which 
the Secretary has reason to believe that ammonium nitrate has been 
handled other than in accordance with this title, the Secretary may 
issue a written order preventing any person that owns, controls, or has 
custody of the ammonium nitrate from selling or distributing the 
ammonium nitrate.
    (c) Appeal Procedures.--
            (1) In general.--A person subject to an order under 
        subsection (b) may request a hearing to contest the order, 
        under such administrative adjudication procedures as the 
        Secretary may establish.
            (2) Rescission.--If an appeal under paragraph (1) is 
        successful, the Secretary shall rescind the order.
    (d) In Rem Proceedings.--The Secretary may institute in rem 
proceedings in the United States district court for the district in 
which the ammonium nitrate is located to seize and confiscate ammonium 
nitrate that has been handled in violation of this title.

SEC. 206. ADMINISTRATIVE PROVISIONS.

    (a) Cooperative Agreements.--The Secretary may enter into a 
cooperative agreement with the Secretary of Agriculture, or the head of 
any State department of agriculture or other State agency that 
regulates plant nutrients, to carry out this title, including 
cooperating in the enforcement of this title through the use of 
personnel or facilities.
    (b) Delegation.--
            (1) In general.--The Secretary may delegate to a State the 
        authority to assist the Secretary in the administration and 
        enforcement of this title.
            (2) Delegation required.--On the request of a Governor of a 
        State, the Secretary shall delegate to the State the authority 
        to carry out section 204 or 205, on a determination by the 
        Secretary that the State is capable of satisfactorily carrying 
        out that section.
            (3) Funding.--If the Secretary enters into an agreement 
        with a State under this subsection to delegate functions to the 
        State, the Secretary shall provide to the State adequate funds 
        to enable the State to carry out the functions.
            (4) Inapplicability.--Notwithstanding any other provision 
        of this subsection, this subsection does not authorize a State 
        to carry out a function under section 204 or 205 relating to a 
        facility or handler in the State that makes the election 
        described in section 204(c)(2).

SEC. 207. CIVIL LIABILITY.

    (a) Unlawful Acts.--It is unlawful for any person--
            (1) to fail to perform any duty required by this title;
            (2) to violate the terms of registration under this title;
            (3) to fail to keep any record, make any report, or allow 
        any inspection required by this title; or
            (4) to violate any sale or distribution order issued under 
        this title.
    (b) Penalties.--
            (1) In general.--A person that violates this title may only 
        be assessed a civil penalty by the Secretary of not more than 
        $50,000 per violation.
            (2) Notice and opportunity for a hearing.--No civil penalty 
        shall be assessed under this title unless the person charged 
        has been given notice and opportunity for a hearing on the 
        charge in the county, parish, or incorporated city of residence 
        of the person charged.
    (c) Jurisdiction Over Actions for Civil Damages.--The district 
courts of the United States shall have exclusive jurisdiction over any 
action for civil damages against a handler for any harm or damage that 
is alleged to have resulted from the use of ammonium nitrate in 
violation of law that occurred on or after the date of enactment of 
this title.

SEC. 208. STATE LAW PREEMPTION.

    This title preempts any State law that regulates the handling of 
ammonium nitrate to prevent the misappropriation or use of ammonium 
nitrate in an act of terrorism.
                                 <all>