[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5004 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5004

To amend the Homeland Security Act of 2002 to provide for an Office of 
 Intelligence and Analysis and an Office of Infrastructure Protection, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

Mr. Simmons (for himself and Ms. Zoe Lofgren of California) introduced 
  the following bill; which was referred to the Committee on Homeland 
   Security, and in addition to the Select Committee on Intelligence 
 (Permanent Select), for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to provide for an Office of 
 Intelligence and Analysis and an Office of Infrastructure Protection, 
                        and for other purposes.

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

SECTION 1. DEPARTMENTAL REORGANIZATION.

    (a) Redesignation of Directorate for Information Analysis and 
Infrastructure Protection.--Section 201 of the Homeland Security Act of 
2002 is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``a Directorate for Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``an Office of Intelligence and Analysis''; and
                    (B) by striking ``an Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``an Under Secretary for Intelligence and 
                Analysis'';
            (2) by striking subsection (b) and redesignating 
        subsections (c) through (g) as subsections (b) through (f), 
        respectively;
            (3) in subsection (b), as so redesignated--
                    (A) by striking ``and infrastructure protection'' 
                before ``are carried out'' and inserting ``and 
                intelligence''; and
                    (B) by striking ``the Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``the Under Secretary for Intelligence 
                and Analysis'';
            (4) in subsection (c), as so redesignated--
                    (A) by striking ``the Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``the Under Secretary for Intelligence 
                and Analysis'';
                    (B) by striking paragraphs (2), (5), and (6), and 
                redesignating paragraphs (3) through (17) as paragraphs 
                (2) through (14), respectively;
                    (C) by redesignating paragraphs (18) and (19) as 
                paragraphs (20) and (21), respectively;
                    (D) in paragraph (2), as so redesignated, by 
                striking ``To integrate'' and inserting ``To 
                participate in the integration of'';
                    (E) in paragraph (14), as so redesignated, by 
                inserting ``the Assistant Secretary for Infrastructure 
                Protection and'' after ``coordinate with''; and
                    (F) by inserting after paragraph (14), as 
                redesignated by subparagraph (B), the following new 
                paragraphs:
            ``(15) To coordinate and enhance integration among 
        intelligence components of the Department.
            ``(16) To establish intelligence priorities, policies, 
        processes, standards, guidelines, and procedures for the 
        Department.
            ``(17) To establish a structure and process to support the 
        missions and goals of the intelligence components of the 
        Department.
            ``(18) To ensure that, whenever possible--
                    ``(A) the Under Secretary for Intelligence and 
                Analysis produces and disseminates reports and analytic 
                products based on open-source information that do not 
                require a national security classification under 
                applicable law; and
                    ``(B) such unclassified open source reports are 
                produced and disseminated contemporaneously with 
                reports or analytic products concerning the same or 
                similar information that the Under Secretary for 
                Intelligence and Analysis produces and disseminates in 
                a classified format.
            ``(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 operations 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.'';
            (5) in subsections (d) and (e), as redesignated by 
        subsection (a)(2), by striking ``Directorate'' each place it 
        appears and inserting ``Office''; and
            (6) in subsection (f), as redesignated by subsection 
        (a)(2)--
                    (A) by striking ``the Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``the Under Secretary for Intelligence 
                and Analysis and the Assistant Secretary for 
                Infrastructure Protection''; and
                    (B) by inserting ``and section 203'' after ``under 
                this section''.
    (b) Technical and Conforming Amendments.--
            (1) Homeland security act.--The Homeland Security Act of 
        2002 (6 U.S.C. 101 et seq.) is amended--
                    (A) in section 103(2), by striking ``Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``Intelligence and Analysis'';
                    (B) in section 223, by striking ``Under Secretary 
                for Information Analysis and Infrastructure 
                Protection'' and inserting ``Under Secretary for 
                Intelligence and Analysis, in cooperation with the 
                Assistant Secretary for Infrastructure Protection'';
                    (C) in section 224, by striking ``Under Secretary 
                for Information Analysis and Infrastructure 
                Protection'' and inserting ``Assistant Secretary for 
                Infrastructure Protection'';
                    (D) in section 302(3), by striking ``Under 
                Secretary for Information Analysis and Infrastructure 
                Protection'' and inserting ``Under Secretary for 
                Intelligence and Analysis and the Assistant Secretary 
                for Infrastructure Protection'';
                    (E) in the first section 510(d)--
                            (i) in paragraph (1), by striking 
                        ``Directorate for Information Analysis and 
                        Infrastructure Protection'' and inserting 
                        ``Office of Intelligence and Analysis''; and
                            (ii) in paragraph (2), by striking ``Under 
                        Secretary for Information Analysis and 
                        Infrastructure Protection'' and inserting 
                        ``Under Secretary for Intelligence and 
                        Analysis''; and
                    (F) by redesignating the second section 510 as 
                section 511.
            (2) Headings.--
                    (A) Section 201.--The heading for section 121 of 
                such Act is amended to read as follows:

``SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.''.

                    (B) Section 201(a).--The heading for subsection (a) 
                of section 121 of such Act is amended to read as 
                follows:
    ``(a) Under Secretary of Homeland Security for Intelligence and 
Analysis.--''.
                    (C) Section 201(b).--The heading for subsection (b) 
                of section 121 of such Act, as redesignated by 
                subsection (a)(2), is amended to read as follows:
    ``(b) Discharge of Intelligence and Analysis.--''.
            (3) National security act of 1947.--Section 106(b)(2)(I) of 
        the National Security Act of 1947 (50 U.S.C. 403-6) is amended 
        to read as follows:
                    ``(I) The Under Secretary of Homeland Security for 
                Intelligence and Analysis.''.
            (4) Intelligence reform and terrorism prevention act of 
        2004.--Section 7306(a)(1) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
        3848) is amended by striking ``Under Secretary for Information 
        Analysis and Infrastructure Protection'' and inserting ``Under 
        Secretary for Intelligence and Analysis''.
    (c) 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. 2. INTELLIGENCE COMPONENTS OF DEPARTMENT OF HOMELAND SECURITY.

    (a) Responsibilities.--Subtitle A of title II of the Homeland 
Security Act of 2002 6 U.S.C. 201 et seq.) is amended by adding at the 
end the following new section:

``SEC. 203. INTELLIGENCE COMPONENTS.

    ``(a) Responsibilities.--Subject to the direction and control of 
the Secretary, the responsibilities of the head of each intelligence 
component of the Department are as follows:
            ``(1) To ensure that duties related to the acquisition, 
        analysis, and dissemination of homeland security information 
        are carried out effectively and efficiently in support of the 
        Under Secretary for Intelligence and Analysis.
            ``(2) To support and implement the goals established in 
        cooperation with the Under Secretary for Intelligence and 
        Analysis.
            ``(3) To incorporate the input of the Under Secretary for 
        Intelligence and Analysis with respect to performance 
        appraisals, bonus or award recommendations, pay adjustments, 
        and other forms of commendation.
            ``(4) To coordinate with the Under Secretary for 
        Intelligence and Analysis in the recruitment and selection of 
        intelligence officials of the intelligence component.
            ``(5) To advise and coordinate with the Under Secretary for 
        Intelligence and Analysis on any plan to reorganize or 
        restructure the intelligence component that would, if 
        implemented, result in realignments of intelligence functions.
            ``(6) To ensure that employees of the intelligence 
        component have knowledge of and comply with the programs and 
        policies established by the Under Secretary for Intelligence 
        and Analysis and other appropriate officials of the Department 
        and that such employees comply with all applicable laws and 
        regulations.
            ``(7) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
    ``(b) Training of Employees.--The Secretary shall provide training 
and guidance for employees, officials, and senior executives of the 
intelligence components of the Department to develop knowledge of laws, 
regulations, operations, policies, procedures, and programs that are 
related to the functions of the Department relating to the handling, 
analysis, dissemination, and acquisition of homeland security 
information.''.
    (b) Intelligence Component Defined.--Section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the 
following new paragraph:
            ``(17) The term `intelligence component of the Department' 
        means any directorate, agency, or element of the Department 
        that gathers, receives, analyzes, produces, or disseminates 
        homeland security information except--
                    ``(A) a directorate, agency, or element of the 
                Department that is required to be maintained as a 
                distinct entity under this Act; or
                    ``(B) any personnel security, physical security, 
                document security, or communications security program 
                within any directorate, agency, or element of the 
                Department.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
subtitle the following the following:

``Sec. 203. Intelligence components.''.

SEC. 3. OFFICE OF INFRASTRUCTURE PROTECTION.

    (a) Establishment.--Subtitle A of title II of the Homeland Security 
Act of 2002 6 U.S.C. 201 et seq.), as amended by section 2, is further 
amended by adding at the end the following new section:

``SEC. 204. OFFICE OF INFRASTRUCTURE PROTECTION.

    ``(a) Assistant Secretary for Infrastructure Protection.--
            ``(1) In general.--There shall be in the Department an 
        Office of Infrastructure Protection headed by an Assistant 
        Secretary for Infrastructure Protection.
            ``(2) Responsibilities.--The Assistant Secretary shall 
        assist the Secretary in discharging the responsibilities 
        assigned by the Secretary.
    ``(b) Discharge of Infrastructure Protection.--The Secretary shall 
ensure that the responsibilities of the Department regarding 
infrastructure protection are carried out through the Assistant 
Secretary for Infrastructure Protection.
    ``(c) Responsibilities of Assistant Secretary.--Subject to the 
direction and control of the Secretary, the responsibilities of the 
Assistant Secretary for Infrastructure Protection shall be as follows:
            ``(1) 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).
            ``(2) To participate in the integration of 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 and authorities, the private sector, 
        and other entities.
            ``(3) 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.
            ``(4) 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.
            ``(5) To coordinate with the Under Secretary for 
        Intelligence and Analysis and elements of the intelligence 
        community and with Federal, State, and local law enforcement 
        agencies, and the private sector, as appropriate.
            ``(6) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
    ``(d) Staff.--
            ``(1) In general.--The Secretary shall provide the Office 
        with a staff having appropriate expertise and experience to 
        assist the Assistant Secretary in discharging responsibilities 
        under this section.
            ``(2) Private sector staff.--Staff under this subsection 
        may include staff from the private sector.
            ``(3) Security clearances.--Staff under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
    ``(e) Detail of Personnel.--
            ``(1) In general.--In order to assist the Office in 
        discharging responsibilities under this section, personnel of 
        other Federal agencies may be detailed to the Department for 
        the performance of analytic functions and related duties.
            ``(2) Cooperative agreements.--The Secretary and the head 
        of the agency concerned may enter into cooperative agreements 
        for the purpose of detailing personnel under this subsection.
            ``(3) Basis.--The detail of personnel under this subsection 
        may be on a reimbursable or non-reimbursable basis.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
subtitle the following:

``Sec. 204. Office of Infrastructure Protection.''.
                                 <all>