[House Report 108-812]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-812
_______________________________________________________________________

                                     

                                                 Union Calendar No. 497

             REPORT ON LEGISLATIVE AND OVERSIGHT ACTIVITIES

                                 of the

              HOUSE SELECT COMMITTEE ON HOMELAND SECURITY

                             together with

                            ADDITIONAL VIEWS

                      ONE HUNDRED EIGHTH CONGRESS

                             SECOND SESSION

                                  2004

                   (Pursuant to House Rule XI, 1(d))




 January 3, 2005--Committed to the Committee of the Whole House on the 
             State of the Union and Ordered to be printed.
                              Jurisdiction

    The establishment of the Select Committee on Homeland 
Security was included in the Rules of the House of 
Representatives for the 108th Congress, H. Res. 5, agreed to on 
January 7, 2003. The establishment and jurisdiction of the 
Select Committee are as follows:

SEC. 4. SELECT COMMITTEE ON HOMELAND SECURITY.

    (a) Establishment; Composition; Vacancies.--
          (1) Establishment.--During the One Hundred Eighth 
        Congress, there is established a Select Committee on 
        Homeland Security.
          (2) Composition.--The select committee shall be 
        composed of Members appointed by the Speaker, including 
        Members appointed on the recommendation of the Minority 
        Leader. The Speaker shall designate one member as 
        chairman. Service on the select committee shall not 
        count against the limitations on committee service in 
        clause 5(b)(2) of rule X.
          (3) Vacancies.--Any vacancies occurring in the 
        membership of the select committee shall be filled in 
        the same manner as the original appointment.
    (b) Jurisdiction; Functions.--
          (1) Legislative Jurisdiction.--The select committee 
        may develop recommendations and report to the House by 
        bill or otherwise on such matters that relate to the 
        Homeland Security Act of 2002 (P.L. 107-296) as may be 
        referred to it by the Speaker.
          (2) Oversight Function.--The select committee shall 
        review and study on the continuing basis laws, 
        programs, and Government activities relating to 
        homeland security.
          (3) Rules Study.--The select committee is authorized 
        and directed to conduct a thorough and complete study 
        of the operation and implementation of the rules of the 
        House, including rule X, with respect to the issue of 
        homeland security. The select committee shall submit 
        its recommendations regarding any changes in the rules 
        of the House to the Committee on Rules not later than 
        September 30, 2004.
    (c) Procedure.--The rules of the House applicable to the 
standing committees shall govern the select committee where not 
inconsistent with this section.
    (d) Funding.--To enable the select committee to carry out 
the purposes of this resolution, the select committee may use 
the services of staff of the House.
    (e) Disposition of Records.--Upon dissolution of the select 
committee, the records of the select committee shall become the 
records of any committee designated by the Speaker.
                              ----------                              


    Membership and Organization of the Select Committee on Homeland 
                                Security

   CHRISTOPHER COX, California, 
             Chairman

JIM TURNER, Texas                    JENNIFER DUNN, Washington
BENNIE G. THOMPSON, Mississippi      C.W. BILL YOUNG, Florida
LORETTA SANCHEZ, California          DON YOUNG, Alaska
EDWARD J. MARKEY, Massachusetts      F. JAMES SENSENBRENNER, Jr., 
NORMAN D. DICKS, Washington          Wisconsin
BARNEY FRANK, Massachusetts          DAVID DREIER, California
JANE HARMAN, California              DUNCAN HUNTER, California
BENJAMIN L. CARDIN, Maryland         HAROLD ROGERS, Kentucky
LOUISE McINTOSH SLAUGHTER, New York  SHERWOOD BOEHLERT, New York
PETER A. DeFAZIO, Oregon             JOE BARTON, Texas
NITA M. LOWEY, New York              LAMAR S. SMITH, Texas
ROBERT E. ANDREWS, New Jersey        CURT WELDON, Pennsylvania
ELEANOR HOLMES NORTON, District of ColumbiaOPHER SHAYS, Connecticut
ZOE LOFGREN, California              DAVE CAMP, Michigan
KAREN McCARTHY, Missouri             LINCOLN DIAZ-BALART, Florida
SHEILA JACKSON-LEE, Texas            BOB GOODLATTE, Virginia
BILL PASCRELL, Jr., North Carolina   ERNEST J. ISTOOK, Jr., Oklahoma
DONNA M. CHRISTENSEN, U.S. Virgin IslandsR T. KING, New York
BOB ETHERIDGE, North Carolina        JOHN LINDER, Georgia
KEN LUCAS, Kentucky                  JOHN B. SHADEGG, Arizona
JAMES R. LANGEVIN, Rhode Island      MARK E. SOUDER, Indiana
KENDRICK B. MEEK, Florida            MAC THORNBERRY, Texas
BEN CHANDLER, Kentucky               JIM GIBBONS, Nevada
                                     KAY GRANGER, Texas
                                     PETE SESSIONS, Texas
                                     JOHN E. SWEENEY, New York
                                     Vacancy

January 7, 2003--Establishment of the Select Committee on Homeland 
Security, pursuant to the provisions of H. Res. 5. Congressional Record 
H15.
February 12, 2003--Members appointed to the Select Committee on 
Homeland Security. Congressional Record H407.
March 5, 2003--Correction of the Speaker's appointment of the following 
Members of the House to the Select Committee on Homeland Security: Mr. 
Shays of Connecticut, to rank after Mr. Weldon of Pennsylvania. 
Congressional Record H1603.
January 20, 2004--Mr. Charles Gonzalez of Texas resigned from the 
Select Committee on Homeland Security. Congressional Record H61.
March 24, 2004--Mr. Ben Chandler of Kentucky was appointed to the 
Select Committee on Homeland Security. Congressional Record H1451.
April 27, 2004--Mr. W.J. (Billy) Tauzin of Louisiana resigned from the 
Select Committee on Homeland Security and Mr. Joe Barton of Texas was 
appointed to rank after Mr. Sherwood Boehlert of New York. 
Congressional Record H2395-96.
September 23, 2004--Mr. Porter Goss of Florida resigned from the House 
of Representatives, and subsequently, the Select Committee on Homeland 
Security. Congressional Record H7542.

                             SUBCOMMITTEES
           Subcommittee on Infrastructure and Border Security

   DAVE CAMP, Michigan, Chairman

LORETTA SANCHEZ, California          KAY GRANGER, Texas, Vice 
EDWARD J. MARKEY, Massachusetts      Chairwoman
NORMAN D. DICKS, Washington          JENNIFER DUNN, Washington
BARNEY FRANK, Massachusetts          DON YOUNG, Alaska
BENJAMIN L. CARDIN, Maryland         DUNCAN HUNTER, California
LOUISE McINTOSH SLAUGHTER, New York  LAMAR SMITH, Texas
PETER A. DeFAZIO, Oregon             LINCOLN DIAZ-BALART, Florida
SHEILA JACKSON-LEE, Texas            ROBERT W. GOODLATTE, Virginia
BILL PASCRELL, Jr., New Jersey       ERNEST ISTOOK, Oklahoma
KENDRICK B. MEEK, Florida            JOHN SHADEGG, Arizona
JIM TURNER, Texas, ex officio        MARK SOUDER, Indiana
                                     JOHN SWEENEY, New York
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: border security including prevention of importation of 
illicit weapons, pathogens, narcotics, and other contraband; illegal 
entry by foreign nationals; land borders, ports, and airspace; 
integration of federal, state, and local immigration law enforcement; 
protection of highways, bridges, waterways, airports and air 
transportation, energy supplies, and other critical infrastructure from 
attack; preservation of critical government, business, and financial 
institutions; relevant oversight.

                                 ------                                

          Subcommittee on Emergency Preparedness and Response

  JOHN SHADEGG, Arizona, Chairman

BENNIE G. THOMPSON, Mississippi      CURT WELDON, Pennsylvania,
JANE HARMAN, California                Vice Chairman
BENJAMIN L. CARDIN, Maryland         JOE BARTON, Texas
PETER A. DeFAZIO, Oregon             CHRISTOPHER SHAYS, Connecticut
NITA M. LOWEY, New York              DAVE CAMP, Michigan
ELEANOR HOLMES NORTON, District of ColumbiaN DIAZ-BALART, Florida
BILL PASCRELL, Jr., New Jersey       PETER KING, New York
DONNA M. CHRISTENSEN, U.S. Virgin Islands SOUDER, Indiana
BOB ETHERIDGE, North Carolina        MAC THORNBERRY, Texas
KEN LUCAS, Kentucky                  JIM GIBBONS, Nevada
JIM TURNER, Texas, ex officio        KAY GRANGER, Texas
                                     PETE SESSIONS, Texas
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: preparation for and response to chemical, biological, 
radiological, and other attacks on civilian populations; protection of 
physical infrastructure and industrial assets against terrorist attack; 
issues related to liability arising from terrorist attack; public 
health issues related to such attacks; disaster preparedness; 
coordination of emergency response with and among state and local 
governments and the private sector; homeland security technology; 
relevant oversight.

   Subcommittee on Cybersecurity, Science, and Research & Development

  MAC THORNBERRY, Texas, Chairman

ZOE LOFGREN, California              PETE SESSIONS, Texas, Vice 
LORETTA SANCHEZ, California          Chairman 
ROBERT E. ANDREWS, New Jersey        SHERWOOD BOEHLERT, New York
SHEILA JACKSON-LEE, Texas            LAMAR SMITH, Texas
DONNA M. CHRISTENSEN, U.S. Virgin Islands WELDON, Pennsylvania
BOB ETHERIDGE, North Carolina        DAVE CAMP, Michigan
KEN LUCAS, Kentucky                  ROBERT W. GOODLATTE, Virginia
JAMES R. LANGEVIN, Rhode Island      PETER KING, New York
KENDRICK B. MEEK, Florida            JOHN LINDER, Georgia
BEN CHANDLER, Kentucky               MARK SOUDER, Indiana
JIM TURNER, Texas, ex officio        JIM GIBBONS, Nevada
                                     KAY GRANGER, Texas
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: security of computer, telecommunications, information 
technology, industrial control, electric infrastructure, and data 
systems, including science, research and development related thereto; 
protection of government and private networks and computer systems from 
domestic and foreign attack; prevention of injury to civilian 
populations and physical infrastructure caused by cyber attack; 
relevant oversight.

                                 ------                                

           Subcommittee on Intelligence and Counterterrorism

   JIM GIBBONS, Nevada, Chairman

KAREN McCARTHY, Missouri             JOHN SWEENEY, New York, Vice 
EDWARD J. MARKEY, Massachusetts      Chairman
NORMAN D. DICKS, Washington          JENNIFER DUNN, Washington
BARNEY FRANK, Massachusetts          C.W. BILL YOUNG, Florida
JANE HARMAN, California              HAROLD ROGERS, Kentucky
NITA M. LOWEY, New York              CHRISTOPHER SHAYS, Connecticut
ROBERT E. ANDREWS, New Jersey        LAMAR SMITH, Texas
ELEANOR HOLMES NORTON, District of ColumbiaKING, New York
JAMES R. LANGEVIN, Rhode Island      JOHN LINDER, Georgia
KENDRICK B. MEEK, Florida            JOHN SHADEGG, Arizona
JIM TURNER, Texas, ex officio        MAC THORNBERRY, Texas
                                     Vacancy
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: prevention and interdiction of terrorist attacks on 
American territory; liaison and integration of the Department of 
Homeland Security with the intelligence community and law enforcement; 
collection, analysis, and sharing of intelligence among agencies and 
levels of government as it relates to homeland security; threat 
identification, assessment and prioritization; integration of 
intelligence analysis, and sharing of intelligence, with and among 
federal, state, and local law enforcement; preservation of civil 
liberties, individual rights, and privacy; relevant oversight.

                         Subcommittee on Rules

  LINCOLN DIAZ-BALART, Florida, 
             Chairman

LOUISE McINTOSH SLAUGHTER, New York  JENNIFER DUNN, Washington
BENNIE G. THOMPSON, Mississippi      F. JAMES SENSENBRENNER, Wisconsin
LORETTA SANCHEZ, California          DAVID DREIER, California
ZOE LOFGREN, California              CURT WELDON, Pennsylvania
KAREN McCARTHY, Missouri             JOHN LINDER, Georgia
BEN CHANDLER, Kentucky               PETE SESSIONS, Texas
JIM TURNER, Texas, ex officio        Vacancy
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: study of the operation and implementation of the House 
Rules with respect to homeland security; examination of jurisdictional 
disputes and overlap related to the Department of Homeland Security, 
and homeland security in general; consideration of changes to the House 
Rules, pursuant to Section 4(b)(3) of H. Res. 5, necessary to ensure 
effective oversight of the Department of Homeland Security, and 
homeland security in general; relevant oversight.


                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                     Select Committee on Homeland Security,
                                   Washington, DC, January 3, 2005.
Hon. Jeff Trandahl,
Clerk of the House of Representatives,
The Capitol, Washington, DC.
    Dear Mr. Trandahl: Pursuant to clause 1(d)(1) of Rule XI 
and Rule X of the Rules of the House of Representatives, here 
is a report of the legislative and oversight activities of the 
Select Committee on Homeland Security during the 108th 
Congress.
            Sincerely,
                                           Christopher Cox,
                                                          Chairman.


                            C O N T E N T S

                              ----------                              
                                                                   Page
Establishment and Jurisdiction...................................   III
Membership and Organization......................................    IV
History of the Select Committee on Homeland Security.............     1
Legislative Activities of the Select Committee on Homeland 
  Security.......................................................     5
Oversight Activities:
    Full Committee...............................................    45
    Subcommittee on Infrastructure and Border Security...........    71
    Subcommittee on Emergency Preparedness and Response..........    91
    Subcommittee on Cybersecurity, Science, and Research & 
      Development................................................    99
    Subcommittee on Intelligence and Counterterrorism............   107
    Subcommittee on Rules........................................   115
Recommendation of the Select Committee on Homeland Security on 
  Changes to the Rules of the House of Representatives...........   119
Appendices:
    Appendix I--Committee Rules of Procedure.....................   125
    Appendix II--Printed Hearings................................   134
    Appendix III--List of Public Laws............................   137
    Appendix IV--Legislation Passed by the House.................   138
    Appendix V--Committee Legislative Reports....................   139
    Appendix VI--Executive Communications, Memorials and 
      Petitions..................................................   140
    Appendix VII--Summary of Action on Legislation...............   143
    Appendix VIII--Committee Staff...............................   150
Additional Views.................................................   152


                                                 Union Calendar No. 497
108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-812

======================================================================



 
    LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE SELECT COMMITTEE ON 
                   HOMELAND SECURITY, 108TH CONGRESS

                                _______
                                

January 3, 2005.--Committed to the Committee of the Whole House on the 
             State of the Union and ordered to be printed.

                                _______
                                

Mr. Cox, from the Select Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                                Overview

    The Select Committee on Homeland Security met on March 4, 
2003, for an organizational meeting for the 108th Congress 
under the direction of Chairman Christopher Cox of California. 
The Committee Membership was 51 Members with 28 Republicans and 
23 Democrats.
    The Committee established five Subcommittees, the: 
Subcommittee on Infrastructure and Border Security; 
Subcommittee on Emergency Preparedness and Response; 
Subcommittee on Cybersecurity, Science, and Research & 
Development; Subcommittee on Intelligence and Counterterrorism; 
and the Subcommittee on Rules.

          History of the Select Committee on Homeland Security


107th Congress

    In the 107th Congress, the House Select Committee on 
Homeland Security was established on June 19, 2002, pursuant to 
H. Res. 449 (adopted by voice vote). The Committee was composed 
of nine Members of the House: Mr. Armey, Chairman; Mr. DeLay; 
Mr. Watts of Oklahoma; Ms. Pryce of Ohio; Mr. Portman; Ms. 
Pelosi; Mr. Frost; Mr. Menendez; and Ms. DeLauro.
    The mandate of the Select Committee in the 107th Congress 
was to ``develop recommendations and report to the House on 
such matters that relate to the establishment of a department 
of homeland security.'' The Select Committee accomplished its 
mandate on November 22, 2002, when the House concurred in the 
Senate amendment to H.R. 5005 by unanimous consent, and cleared 
H.R. 5005 for the President. The bill was presented to the 
President on November 22, 2002, and was signed on November 25, 
2002, becoming public law number 107-296.
    The termination date of the House Select Committee on 
Homeland Security was ``after final disposition of a bill [. . 
.] including final disposition of any veto message on such 
bill,'' which occurred on November 25, 2002.

108th Congress

    The House Select Committee on Homeland Security was re-
established in the 108th Congress on January 7, 2003, pursuant 
to H. Res. 5 (adopted by a recorded vote of 221 yeas and 203 
nays.) The Membership of the Select Committee was established 
on February 12, 2003, as: Mr. Cox of California, Chairman; Ms. 
Dunn of Washington; Mr. Young of Florida; Mr. Young of Alaska; 
Mr. Sensenbrenner of Wisconsin; Mr. Tauzin of Louisiana; Mr. 
Dreier of California; Mr. Hunter of California; Mr. Rogers of 
Kentucky; Mr. Boehlert of New York; Mr. Smith of Texas; Mr. 
Weldon of Pennsylvania; Mr. Shays of Connecticut; Mr. Goss of 
Florida; Mr. Camp of Michigan; Mr. Lincoln Diaz-Balart of 
Florida; Mr. Goodlatte of Virginia; Mr. Istook of Oklahoma; Mr. 
King of New York; Mr. Linder of Georgia; Mr. Shadegg of 
Arizona; Mr. Souder of Indiana; Mr. Thornberry of Texas; Mr. 
Gibbons of Nevada; Ms. Granger of Texas; Mr. Sessions of Texas; 
Mr. Sweeney of New York; Mr. Turner of Texas; Mr. Thompson of 
Mississippi; Ms. Loretta Sanchez of California; Mr. Markey of 
Massachusetts; Mr. Dicks of Washington; Mr. Frank of 
Massachusetts; Ms. Harman of California; Mr. Cardin of 
Maryland; Ms. Slaughter of New York; Mr. DeFazio of Oregon; 
Mrs. Lowey of New York; Mr. Andrews of New Jersey; Ms. Norton a 
delegate from the District of Columbia; Ms. Lofgren of 
California; Ms. McCarthy of Missouri; Ms. Jackson-Lee of Texas; 
Mr. Pascrell of New Jersey; Mrs. Christensen a delegate from 
the U.S. Virgin Islands; Mr. Etheridge of North Carolina; Mr. 
Gonzalez of Texas; Mr. Lucas of Kentucky; Mr. Langevin of Rhode 
Island; and Mr. Meek of Florida.
    The Select Committee was authorized to develop 
recommendations and report to the House by bill or otherwise on 
such matters that relate to the Homeland Security Act of 2002 
(Public Law 107-296) as may be referred to it by the Speaker, 
and was charged with reviewing and studying on a continuing 
basis laws, programs, and Government activities relating to 
homeland security. In addition, the Select Committee was 
directed to conduct a thorough and complete study of the 
operation and implementation of the Rules of the House, 
including Rule X, with respect to the issue of homeland 
security, and submit its recommendations regarding any changes 
in the Rules of the House to the Committee on Rules not later 
than September 30, 2004.
    On September 30, 2004, the Select Committee on Homeland 
Security submitted its recommendations on jurisdictional 
changes to the Rules of the House of Representatives to the 
Committee on Rules. The Select Committee recommendations are 
included at the end of this report.
    Pursuant to H. Res. 5, the Select Committee terminated on 
January 2, 2005, with the expiration of the 108th Congress.

     Summary of Committee Action in the One Hundred Eighth Congress

    By the end of the 108th Congress, the Select Committee held 
a total of 60 hearings and received testimony from 240 
witnesses on a wide range of homeland security topics and 
measures. The Committee focused its activities around several 
key themes: the integration of the nearly two dozen legacy 
agencies within the Department of Homeland Security 
(particularly those in the border, transportation, and maritime 
security areas), risk assessment and prioritization, first 
responder preparedness, and information sharing between and 
among Federal, State, and local intelligence and law 
enforcement entities. The Committee's legislative and oversight 
efforts have encouraged the Department of Homeland Security to 
develop a strategic, risk-based plan with performance metrics 
to guide and measure its progress in enhancing homeland 
security. The Committee's efforts also have fostered greater 
awareness of the need for improvements in DHS' information 
analysis capabilities, and the way in which information 
regarding terrorist threats is shared by the Federal government 
with State and local governments, the private sector, and the 
public. In addition, the Select Committee reviewed the 
Department's infrastructure protection efforts, with special 
emphasis on its cybersecurity programs.
    The Select Committee reported four pieces of legislation, 
all four of which passed the House and two of which became 
public laws in the 108th Congress. Specifically, the Select 
Committee considered and made significant contributions to the 
Project BioShield Act, and the DHS Financial Accountability 
Act, both of which were signed into law in 2004. The Select 
Committee led efforts to reform the Department's system for 
distributing grants for terrorism preparedness to State and 
local governments to ensure risk-based prioritization, 
culminating in House passage of H.R. 3266, the ``Faster and 
Smarter Funding for First Responders Act,'' as a part of H.R. 
10, the ``9/11 Recommendations Implementation Act.'' The Select 
Committee also reported the Homeland Security Technical 
Corrections Act of 2003, which passed the House during the 
first session. Additionally, the Committee made significant 
contributions to the Intelligence Reform and Terrorism 
Prevention Act, which became law at the end of the second 
session of the 108th Congress. The Committee's legislative and 
oversight efforts also prompted administrative reforms in many 
of the areas discussed above.

  LEGISLATIVE ACTIVITIES OF THE SELECT COMMITTEE ON HOMELAND SECURITY

                              ----------                              


              Consolidated Appropriations Resolution, 2003

                     Public Law 108-7 (H.J. Res. 2)

    Making further continuing appropriations for the fiscal 
year 2003, and for other purposes.
Summary
    The purpose of H.J. Res. 2 is to extend the current 
continuing resolution for Fiscal Year 2003 to allow the 
government to continue to operate through January 31, 2003. As 
included in the Conference Report, H.J. Res. 2 includes the 
following provisions within the jurisdiction of the Select 
Committee on Homeland Security.
    Title I, Section 112, of H.J. Res. 2 requires that the 
Attorney General, ``in consultation with the Secretary of 
Homeland Security, shall provide to the Committees on 
Appropriations by March 1, 2003, all National Security Entry 
Exit Registration System documents and materials.''
    Title IV: General Provisions: contains provisions 
authorizing the Secretary of the Department of Homeland 
Security to acquire certain undeveloped property adjacent to a 
Federal Emergency Management Agency facility in Clarke County 
and Loudoun County, Virginia.
    Division L of Title IV: Homeland Security Act of 2002 
Amendments--Homeland Security Act Amendments of 2003, amends 
the Homeland Security Act of 2002 (P.L. 107-296) to: (1) expand 
the discretion of the Secretary of the Department of Homeland 
Security to apply listed criteria and to include additional 
criteria in designating university-based centers for homeland 
security; (2) require the Secretary to publish the criteria 
excepted or added and the justification for the criteria used; 
and (3) report annually on center designation or modification.
    Section 101(c) allows the Secretary to waive the 
prohibition against Federal contracts with foreign incorporated 
entities that are treated as inverted domestic corporations, 
with respect to any specific contract, only if the Secretary 
determines that the waiver is required in the interest of 
homeland security.
    Section 104 requires the Department to have an Office of 
the Inspector General. This Act authorizes the Department's 
Inspector General to (1) conduct and supervise such audits and 
investigations in the Department as considered appropriate; (2) 
require that any reports of particularly serious problems or 
abuses relating to the administration of programs and 
operations required to be transmitted by the Secretary to the 
appropriate Congressional committees and subcommittees also be 
transmitted to the President of the Senate and the Speaker of 
the House of Representatives; and (3) conduct oversight of the 
internal investigations performed by the Bureau of Border 
Security and the Bureau of Citizenship and Immigration 
Services.
    Section 105 charges the Secretary of the Department of 
Homeland Security with the administration and enforcement of 
laws relating to the immigration and naturalization of aliens.
    Section 107 restores provisions of the Immigration and 
Nationality Act that allow fees for providing adjudication and 
naturalization services to be set at a level that will ensure 
recovery of the full costs of providing all such services, 
including the costs of similar services provided without charge 
to asylum applicants or other immigrants.
    Division J--Treasury and General Government Appropriations; 
Title I--Department of the Treasury includes provisions 
providing for funding of the U.S. Coast Guard and the operation 
and maintenance and procurement of the Air and Marine Programs.
Legislative History
    H.J. Res. 2 was introduced on January 7, 2003, by 
Representative C. W. Bill Young of Florida, and referred solely 
to the Committee on Appropriations.
    The Committee on Rules met on January 7, 2003, and granted 
a Rule providing for the consideration of H.J. Res. 2. The Rule 
was filed in the House as H. Res. 15 (H. Rpt. 108-2). On 
January 7, 2003, the House passed H. Res. 15 by voice vote.
    The House considered H.J. Res. 2 on January 8, 2003, 
pursuant to the provisions of H. Res. 15, and passed the bill, 
without amendment, by voice vote. H.J. Res. 2 was received in 
the Senate, read for the first time and placed on the Senate 
Calendar on January 9, 2003.
    The Senate read H.J. Res. 2 a second time on January 10, 
2003. The Senate considered H.J. Res. 2 on January 15, 16, 17, 
21, 22, and 23, 2003. On January 23, 2003, the Senate passed 
H.J. Res. 2, amended, by a recorded vote of 69 yeas and 29 nays 
(Record Vote No. 28). On that same day, the Senate insisted 
upon its amendments, requested a Conference with the House and 
appointed the following conferees, Senators: Stevens, Cochran, 
Specter, Domenici, Bond, McConnell, Burns, Shelby, Gregg, 
Bennett, Campbell, Craig, Hutchison, DeWine, Brownback, Byrd, 
Inouye, Hollings, Leahy, Harkin, Mikulski, Reid, Kohl, Murray, 
Dorgan, Feinstein, Durbin, Johnson, and Landrieu.
    On January 29, 2003, the House disagreed to the Senate 
amendment to H.J. Res. 2 and agreed to a Conference with the 
Senate. The Speaker appointed the following conferees, 
Representatives: Young of Florida, Regula, Rogers of Kentucky, 
Wolf, Kolbe, Walsh, Taylor of North Carolina, Hobson, Istook, 
Bonilla, Knollenberg, Kingston, Obey, Murtha, Dicks, Sabo, 
Mollohan, Kaptur, Visclosky, Lowey, Serrano, and Moran of 
Virginia. On February 4, 2003, the Speaker appointed additional 
conferees, Representatives: Lewis of California and Hoyer.
    On February 7, 2003, the Chairman and Ranking Member of the 
Select Committee on Homeland Security sent a letter to the 
Chairman of the Committee on Appropriations waiving 
jurisdiction over certain sections of H.J. Res. 2, as passed by 
the Senate. The letter indicated that the Select Committee 
would not waive jurisdiction over provisions relating to 
various sections including: Division B, Title I relating to 
CHIMERA, which was removed during the House-Senate Conference.
    Conferees met on February 10 and 11, 2003. The Conference 
Committee filed a report in the House on February 13, 2003, (H. 
Rept. 108-10).
    On February 13, 2003, the Committee on Rules filed a Rule 
(H. Res. 71) providing for the consideration of the Conference 
Report to H.J. Res. 2. The Rule provided that, upon adoption of 
the Rule, the House is deemed to have passed H. Con. Res. 35, 
which made enrollment corrections to H.J. Res. 2. The House 
considered the Conference Report to H.J. Res. 2 on February 13, 
2003, and agreed to the report by a recorded vote of 338 yeas 
and 83 nays (Record Vote No. 32).
    On February 13, 2003, the Conference Report was received in 
the Senate and held at the Desk. The Senate considered the 
Conference Report to H.J. Res. 2 on February 13, 2003, and 
agreed to the Report by a recorded vote of 76 yeas and 20 nays 
(Record Vote No. 34). Pursuant to the provisions of H. Con. 
Res. 35, enrollment corrections on H.J. Res. 2 had been made, 
thus clearing the measure for the President.
    On February 19, 2003, H.J. Res. 2 was presented to the 
President. The President approved H.J. Res. 2 on February 20, 
2003, as Public Law 108-7.

        Department of Homeland Security Appropriations Act, 2004


                     Public Law 108-90 (H.R. 2555)

    Making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2004, and for 
other purposes.

Summary

    The Department of Homeland Security Appropriations Act, 
2004--the first ever appropriations for the new Federal 
Department--provides $29.4 billion of FY2004 discretionary 
appropriations for the Department of Homeland Security.
    Pubic Law 108-90 included appropriations of $5.6 billion 
for biodefense countermeasures, referred to as Project 
BioShield, to remain available until September 30, 2013. The 
bill limits the availability of these funds for obligation, so 
that no more than $3.4 billion may be obligated during the next 
four years, and no more than $890 million may be obligated in 
FY2004. This specific funding arrangement for Project BioShield 
conforms to the limitations of the provisions of Section 404 
provisions of H. Con. Res. 95, the FY2004 budget resolution, 
and was included in the Appropriations Act at the request of 
the Select Committee on Homeland Security and the Committee on 
Energy and Commerce.
    The Department of Homeland Security Appropriations bill for 
Fiscal Year 2004 provides total appropriations, including non-
discretionary spending, of $30.4 billion for FY2004 through 
four separate titles: Department Management and Operations 
($455 million); Security, Enforcement, and Investigations 
($19.1 billion); Preparedness and Recovery ($8.4 billion); and 
Research and Development, Training, Assessments, and Services 
($2.2 billion). Included within Title II are the major security 
functions of Customs and Border Protection ($4.9 billion); 
Immigration and Customs Enforcement ($3.4 billion); the 
Transportation Security Administration ($5.2 billion); the U.S. 
Coast Guard ($6.8 billion); and the U.S. Secret Service ($1.0 
billion). Title II also included $330 million to fund 
operations of the Visitor and Immigration Status Indicator 
Technology project (US-VISIT) for FY2004. Title III provides 
$4.0 billion for the Office for Domestic Preparedness.

Legislative History

    On June 23, 2003, the Committee on Appropriations reported 
an original measure in the House (H. Rpt. 108-169). The measure 
introduced in the House as H.R. 2555.
    On June 23, 2003, the Chairman of the Select Committee on 
Homeland Security sent a letter to the Chairman of the 
Committee on Rules indicating that an amendment within the text 
of H.R. 2555 as reported to the House (Sec. 521) relating to 
``Clarification of Prohibition on Contracting with Foreign 
Incorporated Entities'' is in violation of House Rule XXI, 
clause 2, and requested that this provision not be protected 
from a point of order.
    The Committee on Rules met and granted a Rule providing for 
the consideration of H.R. 2555 on June 23, 2003. The Rule was 
filed in the House as H. Res. 293 (H. Rpt. 108-175).
    The House passed H. Res. 293 on June 24, 2003, by a 
recorded vote of 220 yeas and 197 nays (Roll Call Vote No. 
302).
    On June 24, 2003, the House considered H.R. 2555 under the 
provisions of H. Res. 293. A point of order was sustained 
against the content of section 521 of H.R. 2555 relating to the 
prohibition on contracting with foreign incorporated entities. 
The House passed H.R. 2555, amended, by a recorded vote of 425 
yeas and 2 nays (Roll Call Vote No. 310).
    On June 25, 2003, H.R. 2555 was received in the Senate, 
read twice, and referred to the Senate Committee on 
Appropriations. The Senate Committee on Appropriations reported 
H.R. 2555 to the Senate, with an amendment in the nature of a 
substitute on July 10, 2003, (H. Rpt. 108-86).
    The Senate Committee on Appropriations ordered H.R. 2555 
reported to the Senate, amended, on July 10, 2005; and filed 
their report in the Senate (S. Rpt. 108-86).
    The Senate considered H.R. 2555 on July 21, 22, 23, and 24, 
2003. On July 24, 2003, the Senate passed H.R. 2555, amended, 
by a recorded vote of 93 yeas and 1 nay (Record Vote No. 306). 
The Senate insisted upon its amendment to H.R. 2555, requested 
a Conference with the House, and appointed conferees, Senators: 
Cochran, Stevens, Specter, Domenici, McConnell, Shelby, Gregg, 
Campbell, Craig, Byrd, Inouye, Hollings, Leahy, Harkin, 
Mikulski, Kohl, and Murray.
    On July 25, 2003, the Senate agreed to a unanimous consent 
providing that, notwithstanding the July 24, 2003, passage of 
H.R. 2555, Homeland Security Appropriations, the Hutchison 
Amendment No. 1364, to provide for advanced funding to 
authorize entities performing duties under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act who 
respond to disasters declared by the President, which was 
previously agreed to, was modified by the Senate.
    On September 10, 2003, the House disagreed to the Senate 
amendment to H.R. 2555, and agreed to a Conference thereon. The 
House agreed to a motion to instruct House conferees by a 
recorded vote of 347 yeas and 74 nays (Roll Call Vote No. 494). 
On September 10, 2003, the Speaker appointed conferees, 
Representatives: Rogers of Kentucky, Young of Florida, Wolf, 
Wamp, Latham, Emerson, Granger, Sweeney, Sherwood, Sabo, Price 
of North Carolina, Serrano, Roybal-Allard,Berry, Mollohan, and 
Obey.
    The Conferees met and agreed to file a Conference Report to 
accompany H.R. 2555 on September 17, 2003. The Conference 
Report was filed in the House as H. Rpt. 108-280 on September 
23, 2003.
    The Committee on Rules met and filed a Rule providing for 
the consideration of the Conference Report to accompany H.R. 
2555. The Rule was filed in the House as H. Res. 374 (H. Rpt. 
108-281). The House agreed to H. Res. 374 on September 24, 
2003.
    The House considered the Conference Report to accompany 
H.R. 2555 on September 24, 2003. A motion to recommit back to 
the Conference Committee with instructions failed by a recorded 
vote of 198 yeas and 226 nays (Roll Call Vote No. 514). The 
House agreed to the Conference Report by a recorded vote of 417 
yeas and 9 nays (Roll Call Vote No. 515).
    The Senate considered the Conference Report to accompany 
H.R. 2555 on September 24, 2003. The Senate agreed to the 
Conference Report by voice vote, clearing the measure for the 
President.
    H.R. 2555 was presented to the President on September 26, 
2003. The President signed H.R. 2555 into law on October 1, 
2003, as Public Law 108-90.

        National Defense Authorization Act for Fiscal Year 2004


           Public Law 108-136, H.R. 1588 (S. 1047 / S. 1050)

    To authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    The National Defense Authorization Act for Fiscal Year 
2004, authorizes appropriations for the Department of Defense 
for Fiscal Year 2004.
    Members of the Select Committee on Homeland Security were 
appointed as conferees on Section 1456, Amendments Relating to 
Federal Emergency Procurement Flexibility, which was included 
in section 1443 of the public law. Section 1443 provides for 
procurement of property or services to be used in support of a 
contingency operation, or to facilitate the defense against or 
recovery from nuclear, biological, chemical, or radiological 
attack against the United States.
    The Conference Report included the following additional 
items of interest to the Committee:
    The conferees agreed, in section 1602, to authorize the 
Secretary of Defense to enter into an interagency agreement 
with the Secretary of Homeland Security and the Secretary of 
Health and Human Services to provide for acquisition by the 
Secretary of Defense for use by the Armed Forces of biomedical 
countermeasures procured for the Strategic National Stockpile 
by the Secretary of Health and Human Services. The amendment 
authorized the Secretary of Defense to transfer those funds to 
the Secretary of Health and Human Services that are necessary 
to carry out such agreements and the Secretary of Health and 
Human Services to expend any such transferred funds to procure 
such counter-measures for use by the Armed Forces, or to 
replenish the stockpile. The Select Committee on Homeland 
Security participated in the negotiations with respect to this 
provision.

Legislative History

    H.R. 1588 was introduced on April 3, 2003, by 
Representatives Duncan, Hunter and Skelton. H.R. 1588 was 
referred solely to the Committee on Armed Services. On May 14, 
2003, the Committee on Armed Services ordered H.R. 1588 
favorably reported to the House, amended, by a recorded vote of 
58 yeas and 2 nays.
    On May 13, 2003, the Senate Committee on Armed Services 
reported an original, companion, measure which was introduced 
in the Senate as S. 1047 (No Written Report). The Senate 
Committee on Armed Services also reported an additional 
companion bill, S. 1050 on May 13, 2003, (S. Rpt. 108-46).
    On May 16, 2003, the House Committee on Armed Services 
reported H.R. 1588 to the House (H. Rpt. 106-106).
    On May 20, 2003, the Committee on Rules met and granted a 
Rule providing for the consideration of H.R. 1588. The Rule was 
filed in the House as H. Res. 245 (H. Rpt. 108-120). On May 21, 
2003, the House passed H. Res. 245 by a recorded vote of 224 
yeas and 200 nays (Roll No. 202).
    On May 21, 2003, the Committee on Armed Services filed a 
supplemental report to H.R. 1558 (H. Rpt. 108-106, Pt. 2).
    Pursuant to the provisions of H. Res. 245, the House 
considered H.R. 1588 on May 21, 2003. On May 21, 2003, an 
amendment offered by Mr. Goode (A002), to authorize the 
Secretary of Defense to assign members of the Army, Navy, Air 
Force, and Marine Corps, under certain circumstances and 
subject to certain conditions, to assist the Department of 
Homeland Security in the performance of border protection 
functions, was agreed to by a recorded vote of 250 yeas and 179 
nays (Roll No. 206). However, this provision was removed during 
the House-Senate Conference on H.R. 1588.
    On May 21, 2003, the Committee on Rules met and granted a 
Rule providing for further consideration of H.R. 1588. The Rule 
was filed in the House as H. Res. 247 (H. Rpt. 108-122). On May 
21, 2003, the House passed H. Res. 247 by a recorded vote of 
222 yeas and 199 nays with 2 voting Present (Roll No. 208).
    The House continued consideration of H.R. 1588 on May 22, 
2003, pursuant to provisions of H. Res. 247; and on that date 
passed the bill, amended, by a recorded vote of 361 yeas and 68 
nays (Roll No. 221).
    On May 22, 2003, the Senate considered S. 1050, and passed 
the bill, amended, by a recorded vote of 98 yeas and 1 nay 
(Record Vote No. 194). By unanimous consent, the Senate 
considered S. 1047 and struck all after the enacting clause and 
inserted the text of S. 1050, a second companion measure, as 
amended. The Senate then passed S. 1047, as so amended, by 
unanimous consent.
    On June 4, 2003, by unanimous consent, the Senate 
considered H.R. 1588, struck all after the enacting clause and 
inserted the text of S. 1050 in lieu thereof. The Senate then 
passed H.R. 1588, as amended, by voice vote.
    On June 4, 2003, the Senate insisted upon its amendment to 
H.R. 1588 and requested a Conference with the House. The Senate 
appointed the following Senators to the Conference: Warner, 
McCain, Inhofe, Roberts, Allard, Sessions, Collins, Ensign, 
Talent, Chambliss, Graham of South Carolina, Dole, Cornyn, 
Levin, Kennedy, Byrd, Lieberman, Reed, Akaka, Nelson of 
Florida, Nelson of Nebraska, Dayton, Bayh, Clinton, and Pryor.
    The House disagreed to the Senate amendment to H.R. 1588 
and agreed to a Conference with the Senate on July 16, 2003. 
The House agreed to a motion to instruct House Conferees.
    The Speaker appointed on July 16, 2003, conferees for 
consideration of the bill or certain sections thereof from the 
Committee on Armed Services, the Permanent Select Committee on 
Intelligence, the Committee on Agriculture, the Committee on 
Education and the Workforce, the Committee on Energy and 
Commerce, the Committee on Financial Services, the Committee on 
Government Reform, the Committee on House Administration, the 
Committee on International Relations, the Committee on the 
Judiciary, the Committee on Resources, the Committee on 
Science, the Committee on Small Business, the Committee on 
Transportation and Infrastructure, the Committee on Veterans' 
Affairs, the Committee on Ways and Means, and the Select 
Committee on Homeland Security for consideration of sec. 1456 
of the House bill, and modifications committed to Conference: 
Representatives Cox, Shadegg, and Thompson of Mississippi.
    A House-Senate Conference was held on July 22, 2003.
    A motion to instruct House Conferees was agreed to in the 
House on September 10, 2003, by a recorded vote of 406 yeas and 
0 nays (Roll Call Vote No. 500). A motion to instruct House 
Conferees was agreed to in the House on September 17, 2003, by 
a recorded vote of 298 yeas and 118 nays (Roll Call Vote No. 
511). A motion to instruct House Conferees was agreed to in the 
House on September 25, 2003, by a recorded vote of 356 yeas and 
67 nays (Roll Call Vote No. 523).
    On November 5, 2003, the conferees agreed to file a 
Conference Report. A unanimous consent request on November 6, 
2003, providing that the managers on the part of the House have 
until themorning of November 7, 2003, to file the Conference 
Report on H.R. 1588, was agreed to.
    The Committee on Rules met on November 6, 2003, and granted 
a Rule providing for the consideration of the Conference Report 
to accompany H.R. 1588. The Rule was filed in the House as H. 
Res. 434 (H. Rpt. 108-352). The Rule waived clause 6(a) of Rule 
XIII (requiring a two-thirds vote to consider a Rule on the 
same day it is reported from the Rules Committee) against 
certain resolutions reported from the Rules Committee. The 
resolution applied the waiver to any special Rule reported on 
the legislative day of November 7, 2003, providing for 
consideration or disposition of a Conference report to 
accompany H.R. 1588.
    On November 7, 2003, the House considered the Conference 
Report to accompany H.R. 1588 under the provisions of H. Res. 
437. The House rejected a motion to recommit the bill to the 
Conference Committee with instructions by a recorded vote of 
188 yeas to 217 nays (Roll No. 616). The House agreed to the 
Conference Report to accompany H.R. 1588 by a recorded vote of 
362 yeas and 40 nays, with two voting ``present'' (Roll Call 
Vote No. 617).
    The message on House action and the Conference Papers were 
received in the Senate and held at the Desk on November 7, 
2003. On November 11 and 12, 2003, the Senate considered the 
Conference Report to accompany H.R. 1588. The Senate agreed to 
the Conference Report by a recorded vote of 95 yeas and 3 nays 
(Vote No. 447), clearing the measure for the President on 
November 12, 2003.
    On November 24, 2003, H.R. 1588 was presented to the 
President. The President signed H.R. 1588 into law on November 
24, 2003, as Public Law 108-136.

          Intelligence Authorization Act for Fiscal Year 2004


                Public Law 108-177 (H.R. 2417 / S. 1025)

    To authorize appropriations for fiscal year 2004 for 
intelligence and intelligence-related activities of the United 
States Government, the Community Management Account, and the 
Central Intelligence Agency Retirement and Disability System, 
and for other purposes.

Summary

    Sections of the bill of particular interest to the Select 
Committee on Homeland Security include the following:
    Section 316 amends the Homeland Security Act of 2002 
(Public Law 107-296) to add a new section relating to a pilot 
program to encourage information sharing among Federal, State, 
and local government officials. This pilot program provides 
State and local governments access to certain intelligence 
information collected by the Department of Homeland Security, 
and other intelligence entities.
    Section 354 requires the President to report to the 
appropriate Committees in Congress on current policy and 
regulatory impediments to the sharing of classified information 
across and among Federal departments and agencies, and between 
Federal departments and agencies and agencies of State and 
local governments and the private sector, for national security 
purposes, including homeland security.
    Section 359 directs the Secretary of Homeland Security to 
report to specified Congressional committees on the operations 
of the Directorate of Information Analysis and Infrastructure 
Protection of the Department of Homeland Security and the 
Terrorist Threat Integration Center.
    Section 360 directs the President to submit a report on the 
Terrorist Screening Center to analyze various aspects of the 
new center, including: an assessment of the impact of the 
Terrorist Screening Center on current law enforcement systems; 
and the practical impact, if any, of the operations of the 
Terrorist Screening Center on individual liberties and privacy.

Legislative History

    H.R. 2417 was introduced on June 11, 2003, by 
Representative Goss and was referred solely to the Permanent 
Select Committee on Intelligence. The Permanent Select 
Committee on Intelligence reported H.R. 2417 to the House on 
June 19, 2003 (H. Rpt. 108-163).
    On June 25, 2003, the Chairman of the Select Committee on 
Homeland Security sent a letter to the Speaker of the House 
requesting a sequential referral of H.R. 2417. The letter 
indicated that section 336 of the bill (subsequently re-
numbered as section 360), relating to the creation of two 
advisory councils under the Director of the Terrorist Threat 
Integration Center, is within the jurisdiction of the Select 
Committee on Homeland Security. The Chairman of the Select 
Committee on Homeland Security also sent a letter to the 
Chairman of the Permanent Select Committee on Intelligence, 
reflecting an understanding relating to the assertion of 
jurisdiction over provisions in the legislation, and the 
support for the appointment of conferees by the Select 
Committee on Homeland Security Committee should a Conference 
Committee of the House and Senate be requested. This section 
was altered from a pilot program in the House-passed version to 
a report submitted to Congress discussing the impact upon 
privacy, civil liberties, and State and local needs the House-
Senate Conference on this measure.
    The House considered H.R. 2417 on June 25, 26, and 27, 
2003. On June 27, 2003 (Legislative Day of June 26), the House 
passed H.R. 2417 by a recorded vote of 410 yeas and 9 nays 
(Roll Call Vote No. 333).
    The Senate received H.R. 2417, read the measure twice, and 
placed it on the Senate Legislative Calendar on June 27, 2003.
    The Senate considered H.R. 2417 by unanimous consent on 
July 31, 2003 (Legislative Day July 21). The Senate struck all 
after the enacting clause and inserted the text of S. 1025, as 
amended, in lieu thereof. The Senate subsequently passed H.R. 
2417, as so amended. The Senate then insisted upon its 
amendment to H.R. 2417, and requested a Conference with the 
House thereon.
    The Senate appointed conferees on August 1, 2003; from the 
Senate Select Committee on Intelligence and the Senate 
Committee on Armed Services.
    On November 18, 2003, the House disagreed to the Senate 
amendment and agreed to a Conference thereon by voice vote.
    The House agreed on November 18, 2003, to instruct House 
conferees by a recorded vote of 404 yeas and 12 nays (Roll No. 
633).
    On November 18, 2003, the Speaker appointed conferees for 
consideration of the bill or certain sections thereof: from the 
Permanent Select Committee on Intelligence and the Committee on 
Armed Services.
    Conferees met and on November 19, 2003, agreed to file a 
Conference Report. The Conference Report was filed in the House 
on November 19, 2003, as H. Rpt. 108-381.
    The House considered the Conference Report to accompany 
H.R. 2417 under the provisions of H. Res. 451 on November 20, 
2003. On the same day, the House agreed to the Conference 
Report to accompany H.R. 2417 by a recorded vote of 264 yeas 
and 163 nays (Roll No. 649).
    The Senate proceeded to the consideration of the Conference 
Report to accompany H.R. 2417 on November 21, 2003, and agreed 
to the Conference Report, clearing the measure for the 
President.
    H.R. 2417 was presented to the President on December 2, 
2003, and the President signed H.R. 2417 into law on December 
13, 2003, as Public Law 108-177.

    Transfer of Nebraska Avenue Naval Complex, District of Columbia


                     Public Law 108-268 (H.R. 4322)

    To provide for the transfer of the Nebraska Avenue Naval 
Complex in the District of Columbia to facilitate the 
establishment of the headquarters for the Department of 
Homeland Security, to provide for the acquisition by the 
Department of the Navy of suitable replacement facilities, and 
for other purposes.

Summary

    H.R. 4322 authorizes the Secretary of the Department of 
Homeland Security to establish a headquarters complex at the 
Nebraska Avenue Naval Complex in Washington, D.C., and requires 
the Secretary of the Navy to transfer jurisdiction of the 
complex to the Administrator of General Services Administration 
no later than January 1, 2005. The bill also requires the 
Department of Homeland Security to pay the Navy for the costs 
to relocate its activities to alternate facilities on an 
interim basis and pay the Navy for its costs to occupy those 
facilities for the first year.

Legislative History

    H.R. 4322 was introduced in the House on May 11, 2004, by 
Representatives Hunter and Cox, as the product of a 
collaborative effort by the Select Committee on Homeland 
Security and the Committee on Armed Services to make use of 
existing facilities to house the headquarters for the new 
Department of Homeland Security. The bill was referred to the 
Committee on Armed Services.
    The Committee on Armed Services ordered H.R. 4322 favorably 
reported to the House.
    On May 14, 2004, the Chairman of the Select Committee on 
Homeland Security sent a letter to the Chairman of the 
Committee on Armed Services indicating that in order to 
expedite consideration in the House, the Select Committee would 
not insist on its right to a sequential referral of H.R. 4322, 
provided that the waiver of its right to a sequential referral 
would not prejudice the Select Committee on Homeland Security's 
jurisdictional interests in the legislation.
    The House considered H.R. 4322 under Suspension of the 
Rules on June 14, 2004, and passed the bill, as amended, by a 
voice vote. The House also amended the title so as to read: 
``to provide for the transfer of the Nebraska Avenue Naval 
Complex in the District of Columbia to facilitate the 
establishment of the headquarters for the Department of 
Homeland Security, to provide for the acquisition by the 
Department of the Navy of suitable replacement facilities, and 
for other purposes.''
    H.R. 4322 was received in the Senate and read twice on June 
15, 2004. The Senate considered H.R. 4322 on June 21, 2004, and 
passed the bill, without amendment, clearing the measure for 
the President.
    On June 23, 2004, H.R. 4322 was presented to the President. 
The President signed H.R. 4322 into law on July 2, 2004, as 
Public Law 108-268.
    Provisions of H.R. 4322 also were included in section 2841 
of H.R. 4200, section 2825 of S. 2400, and H.R. 4568, but were 
removed during the House-Senate Conference thereon.

                     Project Bioshield Act of 2003


            Public Law 108-276, S. 15 (H.R. 2122 / S. 1504)

    To enhance research, development, procurement, and use of 
biomedical countermeasures to respond to public health threats 
affecting national security, and for other purposes.

Summary

    To encourage the development and procurement of new 
biological countermeasures for weapons of mass destruction, the 
President proposed Project BioShield in his 2003 State of the 
Union Address. H.R. 2122, the ``Project BioShield Act of 2003'' 
contains many of the President's proposals. The bill provides 
expedited procedures for terrorism-related procurements and 
peer review of research and development proposals, making it 
easier for the Department of Homeland Security and the 
Department of Health and Human Services (HHS) to quickly commit 
substantial funds for countermeasure projects. The Secretary of 
Homeland Security is responsible for identifying the most 
likely biological, chemical, radiological and nuclear agents 
terrorists might employ in attacks against the United States. 
The Secretary of Homeland Security also receives a 10-year 
advance funding authority to contract, in coordination with HHS 
and with the approval of the President, for purchases of 
countermeasures to deal with such agents. Another provision 
gives the Secretary of HHS the power to temporarily allow the 
emergency use of countermeasures that lack Food and Drug 
Administration approval, provided that the benefits of such use 
outweigh the risks.

Legislative History

    S. 15, was introduced in the Senate by Senators Gregg, 
Frist, Alexander, Warner, Enzi, Sessions, Roberts, and Graham 
of South Carolina on March 11, 2003. S. 15 was referred to the 
Senate Committee on Health, Education, Labor, and Pensions. On 
March 25, 2003, the Senate Committee on Health, Education, 
Labor, and Pensions reported S. 15 to the Senate (No Written 
Report).
    On March 27, 2003, prior to the introduction of H.R. 2122, 
the House companion bill to S. 15, the Subcommittee on 
Emergency Preparedness and Response and the Committee on Energy 
and Commerce Subcommittee on Health held a joint oversight 
hearing entitled ``Furthering Public Health: Project 
BioShield.'' Testimony was received from: the Honorable Tommy 
Thompson, Secretary, Department of Health and Human Services; 
Dr. Michael Friedman, Chief Medical Officer for Biomedical 
Preparedness, PhRMA; Dr. Gary Noble, Vice President of Medical 
and Public Affairs, Johnson & Johnson on behalf of AdvaMed; Dr. 
J. Leighton Read, General Partner, Biotechnology Industry 
Organization; and Dr. James Baker, Jr., Ruth Dow Doan 
Professor, Director, Center for Biological Nanotechnology.
    H.R. 2122 was introduced in the House on May 15, 2003, by 
Mr. Tauzin, Mr. Dingell, Mr. Cox, and 12 original cosponsors. 
H.R. 2122 was referred to the Committee on Energy and Commerce, 
and in addition to the Committee on Government Reform and the 
Select Committee on Homeland Security. The Select Committee 
retained H.R. 2122 at the Full Committee.
    On May 15, 2003, the Full Committee held an oversight 
hearing entitled ``BioShield: Countering the Bioterrorist 
Threat.'' Testimony was received from: Dr. Anthony Fauci, 
Director, National Institute of Allergy and Infectious 
Diseases; Dr. L. Garry Adams, Associate Dean for Research, 
Biodefense & Infectious Diseases, College of Veterinary 
Medicine, Texas A&M University; Dr. Clarence James Peters, 
Director for Biodefense, Center for Biodefense and Emerging 
Infectious Diseases, University of Texas Medical Branch; Dr. 
Ronald Crystal, Professor and Chairman, Department of Genetic 
Medicine, Weill Medical College of Cornell University; Dr. 
William A. Haseltine, Chairman and Chief Executive Officer, 
Human Genome Sciences, Inc.; Mr. Alan Pemberton, Pharmaceutical 
Research and Manufacturers of America; Mr. Robert J. Sutcliffe, 
Director, President and Chief Executive Officer, Digital Gene 
Technologies, Inc.; and Mr. Frank M. Rapoport, Partner, McKenna 
Long & Aldridge LLP.
    On May 15, 2003, the Committee on Energy and Commerce met 
and ordered H.R. 2122 favorably reported to the House, amended, 
by voice vote.
    On May 22, 2003, the Committee on Government Reform met and 
ordered H.R. 2122 favorably reported to the House, amended.
    On June 5, 2003, the Subcommittee on Emergency Preparedness 
and Response held a joint hearing with the Subcommittee on 
Intelligence and Counterterrorism entitled ``Does the Homeland 
Security Act of 2002 Give the Department the Tools It Needs to 
Determine Which Bio-Warfare Threats are Most Serious?'' 
Testimony was received from: Mr. Paul J. Redmond, Assistant 
Secretary, Information Analysis, Department of Homeland 
Security; and Mr. Eric Tolbert, Director, Response Division, 
Emergency Preparedness and Response Directorate, Department of 
Homeland Security.
    On June 6, 2003, the Full Committee held an oversight 
hearing entitled ``BioShield: Lessons from Current Efforts to 
Develop Bio-Warfare Countermeasures.'' Testimony was received 
from: Dr. John Ring La Montagne, Deputy Director, National 
Institute of Allergy and Infectious Diseases, National 
Institutes of Health, Department of Health and Human Services; 
Dr. Ali Khan, Chief Science Officer, Parasitic Diseases, 
National Center for Infectious Diseases, Centers for Disease 
Control and Prevention, Department of Health and Human 
Services; and Mr. Joseph M. Henderson, Associate Director for 
Terrorism Preparedness and Response, Centers for Disease 
Control and Prevention, Department of Health and Human 
Services.
    The Committee on Energy and Commerce filed a report on H.R. 
2122 in the House on June 10, 2003 (H. Rpt. 108-147, Pt. 1). On 
that date, the Speaker sequentially referred H.R. 2122 to the 
Committee on Armed Services for a period ending not later than 
June 11, 2003. Also on June 10, 2003, the referral of H.R. 2122 
to the Committee on Government Reform and the Select 
Committeeon Homeland Security was extended for a period ending not 
later than June 13, 2003. The Committee on Armed Services was 
discharged from further consideration of H.R. 2122 on June 11, 2003. 
The Committee on Government Reform filed a report on H.R. 2122 in the 
House on June 12, 2003, (H. Rpt. 108-147, Pt. 2). On June 13, 2003, the 
referral of the bill to the Select Committee on Homeland Security was 
extended for a period ending not later than June 27, 2003.
    The Select Committee met in open markup session on June 26, 
2003, and ordered the bill favorably reported to the House, 
amended, by a recorded vote of 29 yeas and 0 nays (Roll Call 
Vote No. 4).
    On July 8, 2003, the Select Committee on Homeland Security 
filed a report on H.R. 2122 in the House (H. Rpt. 108-147, Pt. 
3).
    On July 16, 2003, the House considered H.R. 2122 under a 
previous order, and the House passed H.R. 2122 amended, by a 
recorded vote of 421 yeas and 2 nays (Roll No. 373).
    H.R. 2122 was received in the Senate, read twice, and 
placed on the Senate Legislative Calendar under General Orders 
on July 17, 2003.
    On May 18, 2004, a unanimous consent agreement was reached 
in the Senate providing for the consideration of S. 15 with one 
amendment consisting of the text of S. 1504. The Senate passed 
S. 15, as amended, on May 19, 2004, by a vote of 99 yeas and 0 
nays.
    S. 15 was received in the House and held at the Desk on May 
20, 2004. On July 13, 2004, the House agreed to consider S. 15. 
The House considered S. 15 on July 14, 2004, and passed the 
bill by a recorded vote of 414 yeas and 2 nays, clearing the 
measure for the President.
    On July 16, 2004, S. 15 was presented to the President. The 
President signed S. 15 into law on July 21, 2004, as Public Law 
108-276.

          Coast Guard and Maritime Transportation Act of 2004


                     Public Law 108-293 (H.R. 2443)

    To authorize appropriations for the Coast Guard for fiscal 
year 2004, to amend various laws administered by the Coast 
Guard, and for other purposes.

Summary

    Sections of Public Law 108-293 were of particular interest 
to the Select Committee.
    Section 205, Indemnity for Disabling Vessels Liable to 
Seizure or Examination, permits the Commanding Officer of a 
Coast Guard Cutter to order disabling fire on a suspect vessel 
in lieu of warning shots whenever firing warning shots would 
unreasonably endanger persons or property in the vicinity. This 
provision addresses the increased possibility that the Coast 
Guard will need to use disabling fire within ports and inshore 
situations as Coast Guard Cutters perform homeland security 
patrols.
    Section 223, Delegation of Port Security Authority, 
designates that the President may delegate the authority to 
issue such rules and regulations to the Secretary of the 
department in which the Coast Guard is operating.
    Section 803, Maritime Information, authorizes 
appropriations to develop a system that collects, integrates 
and analyzes information relating to vessels (including the 
crew, passengers, cargo and intermodal shipments) in, or bound 
for, the United States. The system would include a Terrorist 
Risk Profiling function. This provision also authorizes 
appropriations for the establishment of a Long-Range Vessel 
Tracking System, which will track all properly equipped vessels 
in United States waters in order to improve Maritime Domain 
Awareness and the Coast Guard's ability to detect unauthorized 
vessels that could pose a threat to the homeland.
    Section 806, Membership of Area Maritime Security Advisory 
Committees, mandates the inclusion of representatives of the 
port industry, terminal operators, port labor organizations, 
and other users of the port areas on Area Maritime Security 
Advisory Committees. These Committees exist to advise and make 
recommendations to the Secretary of Homeland Security on 
national maritime security matters, and include other 
Department elements in addition to the Coast Guard.
    Section 809, Vessel and Intermodal Security Reports, 
directs the Coast Guard to study and report on the number of 
vessels and vessel-borne cargo containers entering the U.S. 
annually, in order to help develop future cargo container 
security initiatives.
    Provisions of the House-passed version of H.R. 2443 
included one additional provision of interest to the Committee 
but which was struck from the House-Senate Conference on the 
measure.
    Section 627 of the House bill, Priority for Public 
Transportation Systems in Making Grants for Implementation of 
Security Plans, gives public transportation systems top 
priority for funding in the Port Security Grant Program.

Legislative History

    H.R. 2443 was introduced in the House by Representative Don 
Young of Alaska and three original cosponsors on June 12, 2003. 
The measure was referred to the Committee on Transportation and 
Infrastructure.
    On June 25, 2003, the Committee on Transportation and 
Infrastructure ordered H.R. 2443 reported to the House, 
amended, by voice vote. The Committee on Transportation and 
Infrastructure reported H.R. 2443 to the House on July 24, 
2003, report filed as H. Rpt. 108-233.
    The Committee on Rules met on October 28, 2003, and filed a 
Rule providing for the consideration of H.R. 2443. The Rule was 
filed in the House as H. Res. 416 (H. Rpt. 108-331).
    The Chairman of the Select Committee on Homeland Security 
sent a letter to the Speaker of the House on October 29, 2003, 
indicating that proposed amendments to H.R. 2433 are within the 
jurisdiction of the Select Committee on Homeland Security, 
however the Select Committee would waive consideration of the 
measure and the underlying amendments.
    The House considered H.R. 2443 under the provisions of H. 
Res. 416 and passed the bill, amended, by voice vote on 
November 5, 2003.
    On November 6, 2003, the measure was received in the 
Senate, read twice, and referred to the Senate Committee on 
Commerce, Science, and Transportation.
    On March 30, 2004, by unanimous consent, the Senate 
discharged the Senate Committee on Commerce, Science, and 
Transportation, and proceeded to the consideration of H.R. 
2443. The Senate then passed H.R. 2443, with an amendment and 
an amendment to the Title by Unanimous Consent.
    The Senate on March 30, 2004, insisted upon its amendments 
to H.R. 2433, requested a Conference with the House thereon, 
and appointed conferees, Senators: McCain; Stevens; Lott; 
Hutchison; Snowe; Hollings; Inouye; Breaux; Wyden; Inhofe; 
Jeffords.
    On April 21, 2004, the Chairman of the Select Committee on 
Homeland Security sent a letter to the Speaker of the House 
requesting the appointment of Members of the Select Committee 
on Homeland Security as conferees on the House-Senate Committee 
of Conference on H.R. 2443.
    The House disagreed to the Senate amendments to H.R. 2443 
on May 6, 2004, and agreed to a Conference thereon. The Speaker 
appointed Conferees for consideration of the bill or certain 
sections thereof: From the Committee on Transportation and 
Infrastructure; and Representatives Cox and Thompson of 
Mississippi.
    Conferees met on May 13, 2004. On July 14, 2004, the 
Committee on Conference agreed to file a Conference report on 
the differences between the Senate and House passed versions of 
H.R. 2443. The Conference Report to accompany H.R. 2443 filed 
in the House on July 20, 2004, as H. Rpt. 108-617.
    On July 20, 2004, the Committee on Rules met and granted a 
Rule providing for the consideration of the Conference Report 
to accompany H.R. 2443. The Rule was filed in the House as H. 
Res. 730 (H. Rpt. 108-618).
    The House considered and agreed to H. Res. 732 by voice 
vote on July 21, 2004. The House then proceeded to the 
consideration of the Conference Report to accompany H.R. 2443 
and agreed to the measure by a recorded vote of 425 yeas and 1 
nay (Roll No. 404).
    The Senate considered the Conference Report to accompany 
H.R. 2443 on July 22, 2004, and agreed to the report, clearing 
the measure for the President.
    On July 28, 2004, H.R. 2443 was presented to the President. 
The President signed H.R. 2443 into law on August 9, 2004, as 
Public Law 108-293.

      Department of Homeland Security Financial Accountability Act


          Public Law 108-330, H.R. 4259 (H.R. 2886 / S. 1567)

    To amend title 31, United States Code, to improve the 
financial accountability requirements applicable to the 
Department of Homeland Security, to establish requirements for 
the Future Years Homeland Security Program of the Department, 
and for other purposes.

Summary

    H.R. 4259, as introduced, amends the Chief Financial 
Officers Act of 1990 (P.L. 101-576) and makes conforming 
changes to the Homeland Security Act of 2002 (Public Law 107-
296) to include the Department of Homeland Security on the list 
of cabinet-level agencies with a Chief Financial Officer (CFO) 
to be appointed by the President, subject to Senate 
confirmation. H.R. 2886 sets the initial audit to occur after 
Fiscal Year 2004, and makes the Department compliant with the 
Reports Consolidation Act of 2000 (P.L. 106-531). The bill also 
requires the Department to establish an office of program 
analysis and evaluation and modifies the Future Years Homeland 
Security Program (Sec. 874) requirements under the Homeland 
Security Act of 2002, to include a homeland security strategy 
and an explanation of how resource allocations relate to that 
strategy.

Legislative History

    H.R. 2886 was introduced in the House by Representatives 
Platts, Tom Davis of Virginia, Waxman, Blackburn, and Towns. 
The bill was referred to the Committee on Government Reform, 
and in addition, to the Select Committee on Homeland Security.
    The Select Committee on Homeland Security held a hearing on 
H.R. 2886 on October 8, 2003. Testimony was received from Dr. 
Bruce Carnes, Chief Financial Officer, Department of Homeland 
Security; Mr. Richard Berman, Assistant Inspector General for 
Audits, Office of Inspector General, Department of Homeland 
Security; the Honorable Linda Springer, Controller, Office of 
Federal Financial Management, Office of Management and Budget; 
and Ms. Michele Flournoy, Senior Adviser, International 
Security Program, Center for Strategic and International 
Studies.
    On Thursday, October 30, 2003, the Select Committee on 
Homeland Security met in open markup session and ordered H.R. 
2886 favorably reported to the House, amended. The Committee 
amended H.R. 2886 after adopting an Amendment in the Nature of 
a Substitute offered by Mr. Cox. The Amendment in the Nature of 
a Substitute provided improvements to the introduced bill 
including: (1) requiring the Secretary to transmit to Congress 
a comprehensive report on the national homeland security 
strategy of the United States at the same time that the 
President submits his annual budget request to the Congress, 
(2) establishing an Office of Program Analysis and Evaluation 
whose purpose is to link financial management and budgeting 
with program analysis and evaluation, (3) stipulating that 
whenever the Department provides notice of reprogramming of 
appropriations to the Congress, the CFO must also notify both 
the House Select Committee on Homeland Security and the Senate 
Committee on Governmental Affairs, and (4) requiring the CFO to 
report to the Secretary of Homeland Security on financial 
management matters and to report to the Under Secretary for 
Management with respect to the CFO's other responsibilities.
    The Select Committee on Homeland Security filed a report on 
H.R. 2886 in the House on November 12, 2003 (H. Rpt. 108-358, 
Pt. I).
    The text of H.R. 2886 was included in compromise language 
of H.R. 4259, as an agreement between the Select Committee on 
Homeland Security and the Committee on Government Reform.
    H.R. 4259 was introduced in the House on May 4, 2004, by 
Representatives Platt, Davis of Virginia, Waxman, Towns, 
Blackburn, Cox, and Turner of Texas. The bill was referred to 
the Committee on Government Reform, and in addition, to the 
Select Committee on Homeland Security.
    On May 6, 2004, the Committee on Government Reform ordered 
H.R. 4259 reported to the House.
    The Chairman of the Select Committee on Homeland Security 
sent a letter to the Chairman of the Committee on Government 
Reform on May 19, 2004, indicating that since provisions of 
H.R. 2886, as agreed to by the Select Committee on Homeland 
Security, were included in H.R. 4259, as agreed to by the 
Committee on Government Reform, the Select Committee on 
Homeland Security would waive its right to consider H.R. 4259, 
while not waiving its jurisdictional interests in H.R. 4259. 
The Select Committee on Homeland Security also requested 
support for the appointment of Conferees should a House-Senate 
Conference be appointed.
    The Chairman of the Committee on Government Reform sent a 
letter to the Chairman of the Select Committee on Homeland 
Security on May 20, 2004, indicating support for the 
jurisdictional interests of the Select Committee on Homeland 
Security and the appointment of conferees should a House-Senate 
Conference be appointed.
    On June 9, 2004, the Committee on Government Reform 
reported H.R. 4259 to the House. Report filed in the House as 
H. Rpt. 108-533, Pt. 1. The referral of H.R. 4259 to the Select 
Committee on Homeland Security was extended for a period ending 
not later than June 9, 2004. Subsequently, the Select Committee 
on Homeland Security was discharged from further consideration 
of H.R. 4259.
    On July 20, 2004, the House considered H.R. 4259 under 
suspension of the Rules and agreed to the bill by voice vote.
    H.R. 4259 was received in the Senate on July 21, 2004. H.R. 
4259 was subsequently referred to the Senate Committee on 
Governmental Affairs on September 7, 2004.
    On September 29, 2004, by unanimous consent, the Senate 
Committee on Governmental Affairs was discharged from further 
consideration of H.R. 4259, the bill was subsequently passed by 
the Senate, clearing the measure for the President.
    On October 5, 2004, H.R. 4259 was presented to the 
President. On October 16, 2004, the President signed H.R. 4259 
into law (Public Law 108-330).

        National Defense Authorization Act for Fiscal Year 2005


          Public Law 108-375, H.R. 4200 (H.R. 3966 / S. 2400)

    To authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, to prescribe 
military personnel strengths for fiscal year 2005, and for 
other purposes.

Summary

    H.R. 4200 provides funds for military activities of the 
Department of Defense (DOD), including pay and benefits of 
military personnel, operation and maintenance of weapons and 
facilities, weapons procurement, and research and development, 
as well as for other purposes. Among the various provisions 
contained in this bill of interest to the Select Committee on 
Homeland Security is the addition of the Department of Homeland 
Security to the list of Federal departments and agencies whose 
funds will be denied to postsecondary schools that prevent ROTC 
access or military recruiting (section 552 of H.R. 4200, as 
signed into law, and similar to provisions contained in H.R. 
3966). Moreover, provisions of H.R. 4322 dealing with the 
Nebraska Avenue Complex housing the Department of Homeland 
Security are included in section 2841 of H.R. 4200, as reported 
to the House on May 14, 2004. Provisions of H.R. 4322 also are 
included in section 2825 of S. 2400, the Senate companion bill.

Legislative History

    H.R. 4200 was introduced in the House by Representatives 
Hunter and Skelton on April 22,2004, and referred to the 
Committee on Armed Services.
    The Chairman of the Select Committee on Homeland Security 
sent a letter on May 14, 2004, to the Chairman of the Committee 
on Armed Services indicating that provisions relating to H.R. 
4322 (dealing with the Nebraska Avenue Complex housing the 
Department of Homeland Security) were included in this bill, 
but the Select Committee would not seek a sequential referral 
on this matter.
    The Chairman of the Committee on Armed Services sent a 
letter on May 14, 2004, to the Chairman of the Select Committee 
on Homeland Security supporting the jurisdictional interests of 
the Select Committee in certain provisions of H.R. 4200, agreed 
that the Select Committee is not waiving its jurisdictional 
interests in H.R. 4200, and agreed to the inclusion of letters 
within the Committee Report on H.R. 4200.
    The Committee on Armed Services reported H.R. 4200 to the 
House on May 14, 2004, report filed in the House as H. Rpt. 
108-491.
    As reported to the House, H.R. 4200 also included 
provisions of H.R. 3966 as passed by the House, and H.R. 4322.
    The House considered H.R. 4200 on May 19, and 20, 2004. The 
House on May 20, 2004, passed H.R. 4200, amended, by a recorded 
vote of 391 yeas and 34 nays (Roll Call Vote No. 206.)
    H.R. 4200 was received in the Senate, read twice, and 
placed on the Senate Legislative Calendar under General Orders, 
Calendar No. 537, on May 21, 2004.
    On May 6, 2004, the Senate Committee on Armed Services 
ordered reported an original measure. Measure introduced in the 
Senate as S. 2400. The Senate Committee on Armed Services 
reported the measure on May 11, 2004 (S. Rpt. 108-260).
    The Chairman of the Select Committee on Homeland Security 
sent a letter to the Chairman of the Committee on Armed 
Services on May 11, 2004, indicating that provisions of H.R. 
3966 were included in H.R. 4200, the National Defense 
Authorization Act for Fiscal Year 2005, that such provisions 
fall within the jurisdiction of the Select Committee on 
Homeland Security, but that the Select Committee would not seek 
a sequential referral of H.R. 4200 and would waive its right to 
consider the measure.
    On May 17, 18, 19, 20, 21, and June 2, 3, 4, 14, 15, 16, 
17, 18, 21, 22, and 23, 2004, the Senate considered S. 2400, 
the Senate companion measure. On June 23, 2004, the Senate 
passed S. 2400 by a recorded vote of 97 yeas and 0 nays. The 
Senate then incorporated the text of S. 2400 into H.R. 4200 and 
passed H.R. 4200, as so amended by unanimous consent.
    On June 24, 2004, the Senate insisted upon its amendment to 
H.R. 4200, requested a Conference with the House, and appointed 
conferees, Senators: Warner; McCain; Inhofe; Roberts; Allard; 
Sessions; Collins; Ensign; Talent; Chambliss; Graham of South 
Carolina; Dole; Cornyn; Levin; Kennedy; Byrd; Lieberman; Reed; 
Akaka; Nelson of Florida; Nelson of Nebraska; Dayton; Bayh; 
Clinton; Pryor.
    The Committee on Conference filed a Conference Report to 
accompany H.R. 4200, on October 8, 2004. The report was filed 
in the House as H. Rpt. 108-767. On that same day, the House 
began consideration of the Conference Report to accompany H.R. 
4200 under the provisions of H. Res. 843.
    The House, on October 9, 2004, agreed to the Conference 
Report by a recorded vote of 359 yeas and 14 nays (Roll No. 
528). On that same day, the Senate agreed to Conference report 
by Unanimous Consent. During the House-Senate Conference on 
H.R. 4200, the provisions relating to the transfer of the 
Nebraska Avenue facility were removed.
    The House, on October 8, 2004, agreed to H. Con. Res. 514, 
which made enrollment corrections to H.R. 4200. The Senate 
agreed to H. Con. Res. 514 by unanimous consent on October 9, 
2004. Clearing H.R. 4200 for the President.
    On October 21, 2004, H.R. 4200 was presented to the 
President. On October 28, 2004, the President signed H.R. 4200 
into law (Public Law 108-375).

        Intelligence Reform and Terrorism Prevention Act of 2004


           Public Law 108-458, S. 2845 (H.R. 10 / H.R. 3266)

    To reform the intelligence community and the intelligence 
and intelligence-related activities of the United States 
Government, and for other purposes.

Summary

    To implement the recommendations contained in the final 
report of the National Commission on Terrorist Attacks Upon the 
United States (9/11 Commission), House Speaker Dennis Hastert 
introduced H.R. 10, the ``9/11 Recommendations Implementation 
Act.'' As introduced, H.R. 10 and its Senate companion bill, S. 
2845, contained many provisions within the jurisdictional 
interests of the Select Committee on Homeland Security. The 
Select Committee was actively involved in drafting H.R. 10 and 
in conference negotiations with the Senate leading to the final 
conference report, particularly with respect to the following 
provisions:
    Title I creates a Director of National Intelligence and a 
National Counterterrorism Center (NCTC), with specific 
responsibilities relating to intelligence fusion, information 
sharing, and multi-agency operational planning.
    Title IV, Section 4001, requires the Department of Homeland 
Security to develop a National Strategy for Transportation 
Security that identifies and evaluates the transportation 
assets of the United States, and identifies risk-based 
priorities for addressing the vulnerabilities of the assets 
within each modal sector and across all such sectors. The 
section further requires recommendations of practical, cost-
effective means for protecting the assets from terrorist 
attacks. The National Strategy will delineate clear roles and 
responsibilities to better coordinate efforts across the 
Federal, State and local government levels and with the private 
sector. Other sections within this title address specific 
security enhancements with respect to aviation security, air 
cargo security, and maritime security.
    Title V contains provisions addressing border security and 
surveillance, including increases in border patrol agents, 
immigration investigators, and detention bed spaces for illegal 
aliens apprehended within the United States. Title V also 
includes reforms to visa requirements and immigration policies.
    Title VII, Section 7201, requires the NCTC to develop a 
national strategy to combat terrorist travel, and requires that 
the Department of Homeland Security enhance the technology and 
training for border, consular, and immigration officials to 
better detect fraudulent documents, terrorist indicators on 
such documents, and terrorist travel patterns, practices, and 
trends. Section 7202 authorizes the Human Smuggling and 
Trafficking Center, and Section 7215 directs the Secretary of 
Homeland Security to develop a comprehensive program for 
analyzing and disseminating terrorist travel operational and 
intelligence information. Sections 7206 and 7210 amend 
provisions relating to the Immigration Security Initiative and 
other pre-inspection programs at foreign airports. Section 7208 
expands on existing law relating to a biometric entry and exit 
data system, and Section 7209 requires enhancement of travel 
documentation for entering the U.S. Sections 7211 through 7214, 
and Section 7220, require the issuance of minimum Federal 
standards and other requirements for drivers' licenses, birth 
certificates, and social security cards and numbers, for 
boarding domestic airplane flights, and for other forms of 
personal identification documents.
    Section 7301 states that it is the Sense of Congress that 
Federal, State, and local agencies should adopt a version of 
the incident command system known as the National Incident 
Management System (NIMS) and that the regular use of, and 
training in, NIMS by States and local governments should be a 
condition for receiving Federal preparedness assistance.
    Section 7302 authorizes the State of Maryland, the 
Commonwealth of Virginia, the District of Columbia and any 
localities within the geographical boundaries of the National 
Capital Region to enter into mutual aid agreements for the 
provision of emergency services in the event of a terrorist 
attack, major disaster, or other emergency. This section also 
clarifies the parties' respective workers compensation and 
liability obligations in the event of any act or omission by 
first responders responding to a request for assistance by a 
party to such an agreement.
    Section 7303 enhances interoperable communications 
capabilities in a number of respects. First, it directs the 
Secretary of Homeland Security to establish a comprehensive 
program to enhance public safety interoperable communications 
at all levels of government. Second, it authorizes the 
creationan Office for Interoperability and Compatibility within the 
Science and Technology Directorate of the Department of Homeland 
Security to carry out this new program. Third, it instructs the 
Secretary to establish a mechanism for coordinating cross-border 
interoperability issues with Mexico and Canada. Fourth, it directs the 
Secretary to provide technical guidance, training, and other assistance 
to support the rapid establishment of effective, secure, and consistent 
interoperable communication capabilities in urban and other high risk 
areas. Fifth, it permits the Secretary to commit to obligate multi-year 
funding for interoperability projects through letters of intent, and 
requires participating States and local governments to submit 
Interoperability Communication Plans that focus on long-term planning. 
Finally, it clarifies the precise responsibilities of various 
Directorates within the Department for interoperable communication 
programs.
    Section 7304 directs the Secretary to implement pilot 
projects in high-threat urban areas to improve interagency 
communication among first responders. Such projects will be 
designed to develop regional strategic plans for communications 
and information sharing between Federal, State, and local first 
responders.
    Section 7305 states that it is the Sense of Congress that 
the Secretary of Homeland Security should promote, where 
appropriate, the adoption of national voluntary consensus 
standards for private sector preparedness.
    Section 7306 requires the Information Analysis and 
Infrastructure Protection Directorate of the Department of 
Homeland Security to report to Congress on the Department's 
progress in completing vulnerability and risk assessments of 
the Nation's critical infrastructure, the adequacy of the 
Federal government's plans to protect such infrastructure, and 
the Federal government's readiness to respond to threats.
    Section 7401 states that it is the Sense of Congress that 
Congress must pass legislation in the first session of the 
109th Congress to reform the system for distributing homeland 
security grants to State and local governments.
    Section 7402 directs the Secretary to improve coordination 
with the private sector with respect to national efforts to 
ensure adequate levels of preparedness and response to acts of 
terrorism, and to improve coordination on matters relating to 
the travel and tourism industries in particular.
    Section 7403 requires the Secretary of Homeland Security 
and the Chairman of the Federal Communications Commission to 
conduct a study to determine the feasibility and cost-
effectiveness of establishing an emergency telephonic alert 
notification system.
    Section 7404 permits the Secretary of Homeland Security, in 
consultation with the Attorney General and the Secretary of 
Transportation, to conduct a pilot study to issue public 
warnings concerning homeland security threats through the use 
of technologies and protocols similar to the AMBER Alert 
communications network.
    Section 7405 requires the Secretary of Homeland Security to 
ensure effective and ongoing coordination of Federal efforts to 
respond to acts of terrorism and other emergencies among the 
divisions of the Department, including the Directorate of 
Emergency Preparedness and Response and the Office for State 
and Local Government Coordination and Preparedness.
    Section 7406 requires the Director of the Federal Emergency 
Management Agency to promote regional and interagency 
cooperation and preparedness by cataloguing and disseminating 
an inventory of Federal response capabilities and best 
practices for emergency preparedness compacts at the State and 
local government levels.
    Sections 7407 and 7408 address matters relating to 
counternarcotics enforcement within the Department of Homeland 
Security.
    Section 7501 states that it is the Sense of Congress that 
Congress pass legislation in the first session of the 109th 
Congress to require the return of certain frequency spectrum 
for public safety use as early as December 31, 2006.
    Section 7502 requires studies by the Chairman of the 
Federal Communications Commission and the Secretary of Homeland 
Security on ways to enhance public safety interoperability.
    Title VIII contains provisions relating to enhanced use of 
the National Infrastructure Simulation and Analysis Center of 
the Department of Homeland Security, improved coordination of 
Department geospatial information management, and civil rights 
and privacy issues.
    In addition to the above provisions in the final conference 
report, the House-passed H.R. 10 contains the following 
provisions contributed in whole or in part by the Select 
Committee, which were removed from the final conference report:
    Title V, Sections 5001-5003, contains a consensus version 
of H.R. 3266, the Faster and Smarter Funding for First 
Responders Act. Although a more detailed discussion of the text 
in subtitle A may be found in the summary of H.R. 3266, 
subtitle A amends the Homeland Security Act of 2002 (Public Law 
No. 107-296) by adding at the end a new Title XVIII--Funding 
for First Responders. This new title authorizes a risk-based 
first responder grant program to replace the program authorized 
in the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism 
Act of 2001 (USA PATRIOT Act) (P.L. 107-56). Among other 
reforms, these provisions (1) direct the Secretary of Homeland 
Security to establish essential capabilities for different 
types of communities based on certain risk factors; (2) direct 
the Secretary to appoint a 25-member task force of first 
responders and State and local government representatives to 
assist in the establishment of these essential capabilities; 
(3) require States to submit a three-year State Homeland 
Security Plan that is prioritized according to risk, and 
require all applications to be consistent with such plans; (4) 
create a First Responder Grant Board to evaluate and prioritize 
all applications for homeland security assistance based on 
threat, vulnerability, and consequences; (5) enumerate a list 
of permitted and prohibited uses of grant funds, establish 
specific time lines for the expenditure of grant funds, and 
create a series of reporting requirements; and (6) direct the 
Secretary to develop, promulgate, and update, as necessary, 
national voluntary consensus standards for first responder 
equipment and training.
    Section 5007 (also originally part of H.R. 3266) provides 
that it is the Sense of Congress that Citizen Corps councils 
should seek to enhance preparedness and response capabilities 
of all participating organizations.
    Section 5010 (also originally part of H.R. 3266) requires a 
study and a report on the efficacy of expanding the 
jurisdiction of the National Capital Region.
    Section 5028, elevates the national cybersecurity mission 
within the Directorate for Information Analysis and 
Infrastructure Protection (IAIP) of the Department of Homeland 
Security. Specifically, this section establishes an Assistant 
Secretary for Cybersecurity (Assistant Secretary), who will 
have primary authority for all IAIP cybersecurity-related 
critical infrastructure programs, including policy formulation 
and program management.
    Sections 5101 through 5103 authorizes representatives of 
Federal, State, or local governments to enter into interstate 
mutual aid agreements, resolve liability, indemnification, and 
workers' compensation impediments to entering into such 
agreements, and enter into litigation management agreements.
    Section 5104 precludes the elimination of any immunities 
that a responding party may have with respect to mutual aid, 
and also ensures that the U.S. Secret Service be maintained as 
a distinct entity within the Department of Homeland Security.

Legislative History

    S. 2845 was introduced in the Senate on September 23, 2004, 
by Senators Collins and Lieberman. A unanimous consent 
agreement was reached in the Senate providing for the 
consideration of S. 2845 on September 27, 2004.
    The Senate considered S. 2845 on September 27, 28, 29, 30, 
October 1, 4, and 5, 2004. The Senate, on October 5, 2004, 
invoked cloture by a recorded vote of 85 yeas and 10 nays (Vote 
No. 197). On October 6, 2004, the Senate passed S. 2845, 
amended, by a recorded vote of 96 yeas and 2 nays (Vote No. 
199).
    S. 2845 was received in the House and held at the Desk.
    H.R. 10, the House companion bill, was introduced by 
Speaker Hastert and 17 original cosponsors (including Mr. Cox) 
on September 24, 2004. H.R. 10 was referred to the Permanent 
Select Committee on Intelligence, and in addition to the 
Committee on Armed Services, the Committee on Education and the 
Workforce, the Committee on Energy and Commerce, the Committee 
on Financial Services, the Committee on Government Reform, the 
Committee onInternational Relations, the Committee on the 
Judiciary, the Committee on Rules, the Committee on Science, the 
Committee on Transportation and Infrastructure, the Committee on Ways 
and Means, and the Select Committee on Homeland Security.
    On September 29, 2004, the Permanent Select Committee on 
Intelligence ordered reported to the House, amended, by a 
recorded vote of 17 yeas and 2 nays. The Committee on Armed 
Services ordered reported to the House, amended. The Committee 
on Financial Services ordered reported to the House, amended, 
by voice vote. The Committee on Government Reform ordered 
reported to the House, amended. The Committee on the Judiciary 
ordered reported to the House, amended, by a recorded vote of 
19 yeas and 12 nays.
    The Chairman of the Select Committee on Homeland Security 
sent a letter to the Chairman of the Permanent Select Committee 
on Intelligence on October 1, 2004, indicating that, in order 
to expedite consideration of H.R. 10 on the House Floor, the 
Select Committee on Homeland Security would waive its right to 
consider H.R. 10, provided such action does not prejudice the 
Select Committee on Homeland Security's jurisdictional 
interests in the provisions of H.R. 10.
    On October 4, 2004, various Committees reported H.R. 10 to 
the House as follows: the Permanent Select Committee on 
Intelligence, H. Rpt. 108-724, Pt. 1; the Committee on Armed 
Services H. Rpt. 108-724, Pt. 2; and the Committee on Financial 
Services H. Rpt. 108-724, Pt. 3. On that same date, the 
Referral of the bill to the Committee on Education and the 
Workforce, the Committee on Energy and Commerce, the Committee 
on Government Reform, the Committee on International Relations, 
the Committee on the Judiciary, the Committee on Rules, the 
Committee on Science, the Committee on Transportation and 
Infrastructure, the Committee on Ways and Means, and the Select 
Committee on Homeland Security extended for a period ending not 
later than October 5, 2004.
    On October 5, 2004, the Committee on Government Reform and 
the Committee on the Judiciary reported H.R. 10 to the House, 
amended as H. Rpt. 108-724, Pt. 4 and 5 respectively. 
Subsequently, the Committee on Education and the Workforce, the 
Committee on Energy and Commerce, the Committee on 
International Relations, the Committee on Rules, the Committee 
on Science, the Committee on Transportation, the Committee on 
Ways and Means, and the Select Committee on Homeland Security 
were discharged from further consideration of H.R. 10.
    The Committee on Rules met on October 5, 2004, to consider 
a Rule providing for the consideration of H.R. 10, but action 
was deferred. On October 7, 2004, the Committee on Rules filed 
a Rule providing for the consideration of H.R. 10. The Rule 
also provided that Section 2 of the Rule provides that upon 
passage of H.R. 10, and the Senate transmittal of S. 2845, the 
House shall be considered to have taken from the Speaker's 
table S. 2845, stricken all after the enacting clause of such 
bill and inserted in lieu thereof the provisions of H.R. 10, as 
passed by the House. Section 2 further provides that the House 
shall be considered to have passed the Senate bill as so 
amended, and insisted on its amendment and requested a 
Conference with the Senate thereon. The Rule also provides for 
the appointment by the Speaker of conferees on S. 2845 and the 
House amendment thereto at any time.
    The House began consideration of H.R. 10 under the 
provisions of H. Res. 827 on October 7, 2004. On October 7, 
2004, the House continued consideration and passed H.R. 10, 
amended, by a recorded vote of 282 yeas and 134 nays (Roll No. 
523).
    A motion to instruct House conferees was not agreed to by a 
recorded vote of 169 yeas and 229 nays (Roll No. 525) on 
October 8, 2004. On that same day, a unanimous consent 
agreement was reached in the Senate to amend S. 2845 after 
passage, was agreed to.
    A unanimous consent request was reached in the Senate on 
October 10, 2004, that when the Senate receives from the House 
a message regarding S. 2845, the Senate disagree to the 
amendment by the House, agree to request a Conference with the 
House thereon, if requested, and that conferees be appointed on 
the part of the Senate.
    On October 12, 2004, the Speaker appointed conferees on the 
part of the House to the Committee of Conference on S. 2845: 
Representatives Drier, Hoekstra, Hyde, Hunter, Sensenbrenner, 
Harman, Skelton, and Menendez. On October 16, 2004, the Senate 
disagreed to House amendment, agreed to the request for 
Conference thereon, and appointed conferees: Senators: Collins; 
Lott; DeWine; Roberts; Voinovich; Sununu; Coleman; Lieberman; 
Levin; Durbin; Rockefeller; Graham of Florida; Lautenberg.
    Conferees agreed to file a Conference Report to accompany 
S. 2845 on December 7, 2004, the Conference Report was filed in 
the House as H. Rpt. 108-796.
    The House considered the Conference Report to accompany S. 
2845 on December 7, 2004 and agreed to the Conference Report by 
a recorded vote of 336 ayes to 75 noes, (Roll No. 544). 
Congressional Record H10930-10994, H11028-29.
    The Senate began consideration of the Conference Report to 
accompany S. 2845 on December 8, 2004 and agreed to Conference 
Report by a record vote of 89 yeas and 2 nays (Record Vote No. 
216). Clearing S. 2845 for the President.
    On December 15, 2004, S. 2845 was presented to the 
President. On December 17, 2004, the President signed S. 2845 
into law (Public Law 108-458).

          Homeland Security Technical Corrections Act of 2003


                              (H.R. 1416)

    To make technical corrections to the Homeland Security Act 
of 2002.

Summary

    H.R. 1416, makes technical corrections to the Homeland 
Security Act of 2002 (P.L. 107-296) concerning: (1) critical 
infrastructure information; (2) visa issuance; (3) military 
activities of the Coast Guard; (4) the annual independent 
evaluation of information security programs and practices of 
Federal agencies; (5) immigration-related powers and duties, 
and powers and duties in general, of the Secretary of Homeland 
Security, the Under Secretary of Homeland Security for Border 
and Transportation Security, and the Attorney General; (6) a 
report on war risk insurance for air carriers; and (7) 
authority to arm flight deck crews with less-than-lethal 
weapons. The bill also requires that, in any case in which a 
report or notification is required by such Act or an amendment 
thereto to be submitted to Congress or a congressional 
committee, such report or notification also shall be submitted 
to the House Select Committee on Homeland Security.

Legislative History

    H.R. 1416 was introduced on March 25, 2003, by 
Representative Cox. The Committee held a hearing on H.R. 1416 
on March 28, 2003. Testimony was received from Mr. Michael 
Dorsey, Director of Administration, Department of Homeland 
Security.
    On March 31, 2003, H.R. 1416 was ordered reported to the 
House, amended, by voice vote. The Committee reported H.R. 1416 
to the House on May 15, 2003, report filed as H. Rpt. 108-104.
    On April 1, 2003, the Chairman of the Committee on 
Government Reform sent a letter to the Speaker of the House 
requesting a sequential referral of H.R. 1416 relating to 
section 5 referencing the mission of the Coast Guard. On April 
1, 2003, the Chairman of the Committee on Transportation and 
Infrastructure sent a letter to the Speaker requesting a 
sequential referral of H.R. 1416 relating to references to the 
mission of the Coast Guard. On April 3, 2003, the Chairman of 
the Committee on the Judiciary sent a letter to the Speaker 
requesting a sequential referral of H.R. 1416 relating to the 
reporting requirements in section 11 of the bill.
    On May 15, 2003, the Chairman of the Committee on the 
Judiciary sent a letter to the Committee stating that, in order 
to expedite consideration of H.R. 1416, it would not seek a 
sequential referral on section 11 of H.R. 1416, provided such 
action would not prejudice the Committee on the Judiciary's 
future jurisdictional interests in the legislation. On that 
same day, the Chairman of the Select Committee on Homeland 
Security sent a letter to the Chairman of the Committee on the 
Judiciary acknowledging the jurisdictional concerns and 
prerogatives of the Committee on the Judiciary with respect to 
H.R. 1416.
    On June 24, 2003, the House considered H.R. 1416 under 
suspension of the Rules. The House agreed to a manager's 
amendment, and passed the bill by a recorded vote of 415 Yeas 
and 0 Nays(Roll Call Vote No. 311).
    H.R. 1416 was received in the Senate and referred to the 
Senate Committee on Governmental Affairs on June 26, 2003.
    The Senate Committee on Governmental Affairs ordered H.R. 
1416 favorably reported to the Senate on October 22, 2004. On 
November 25, 2004, the Senate Committee on Governmental Affairs 
reported H.R. 1416 to the Senate, report filed as S. Rpt. 108-
214.
    No further action occurred on H.R. 1416 in the 108th 
Congress.

      Faster and Smarter Funding for First Responders Act of 2003


                              (H.R. 3266)

    To authorize the Secretary of Homeland Security to make 
grants to first responders, and for other purposes.

Summary

    As passed by the House as part of H.R. 10, the ``Faster and 
Smarter Funding for First Responders Act of 2004''--originally 
introduced as H.R. 3266--amends the Homeland Security Act of 
2002 (Public Law No. 107-296) by adding at the end a new Title 
XVIII--Funding for First Responders. This new title authorizes 
a risk-based first responder grant program that would replace 
the program authorized in the Uniting and Strengthening America 
by Providing Appropriate Tools Required to Intercept and 
Obstruct Terrorism Act of 2001 (USA PATRIOT Act) (Public Law 
No. 107-56).
    New subsection 1802(a) of the Homeland Security Act of 2002 
(P.L. 107-296), as added by this Act, provides that the 
provisions of new Title XVIII apply only to those grants that 
the Department of Homeland Security provides to States, 
regions, or directly eligible Indian tribes for the primary 
purpose of improving the ability of first responders to 
prevent, prepare for, respond to, or mitigate threatened or 
actual terrorist attacks, especially those involving weapons of 
mass destruction. Specifically, such terrorism preparedness 
grants include those administered under the State Homeland 
Security Grant Program, the Law Enforcement Terrorism 
Prevention Program, and the Urban Area Security Initiative. 
Subsection (b) expressly excludes from coverage of this title 
all non-Department of Homeland Security grants, as well as the 
Department's firefighter assistance grants and emergency 
management planning and assistance grants.
    Section 1803 requires the Secretary of the Department to 
establish specific, flexible, measurable, and comprehensive 
``essential capabilities'' for State and local government 
terrorism preparedness, within the context of a comprehensive 
state emergency management system. The Secretary is to 
establish such capabilities in consultation with, among others, 
the Task Force on Essential Capabilities for First Responders 
(as established in Section 1804) and various officials within 
the Department and other Federal agencies. The bill directs the 
Secretary to consider the variables of threat, vulnerability, 
and consequences with respect to the Nation's population 
(including transient commuting and tourist populations) and 
critical infrastructure, based on the most current risk 
assessment available by the Department's Information Analysis 
and Infrastructure Protection Directorate.
    Section 1804 requires that the Secretary of Homeland 
Security establish a 25 member advisory body pursuant to 
section 871(a) of the Homeland Security Act of 2002 (P.L. 107-
296) for the purpose of assisting the Secretary in the 
development of essential capabilities under Section 1803. The 
Task Force must submit for the Secretary's consideration a 
report within nine months of its establishment, and every three 
years thereafter, on recommended essential capabilities for 
different types of communities, based on the threats and 
vulnerabilities faced by such types of communities. Among other 
things, the Task Force's report must include a priority ranking 
of essential capabilities and a methodology by which a State or 
local government can determine whether it possesses or has 
access to these essential capabilities.
    Section 1805 provides that States, regions, and directly 
eligible tribes may apply for covered grants. For purposes of 
the grant application process, only certain geographic areas 
will qualify as regions and only a limited number of Indian 
tribes will qualify as directly eligible. This section requires 
that, to be eligible to receive a covered grant, a State must 
first submit for the Secretary's approval a comprehensive 
three-year state homeland security plan tied to the 
achievement, maintenance, and enhancement of the established 
essential capabilities. Specifically, the plan must be 
developed in consultation with, and subject to appropriate 
comment by, local governments and tribes within the State, and 
must ``demonstrate the extent to which the State has achieved 
its essential capabilities; demonstrate the needs of the State 
necessary to achieve, maintain, or enhance its essential 
capabilities; prioritize the State's needs based on threat, 
vulnerability, and consequences; and describe how the State 
intends to address its needs at the city, county, regional, 
tribal, State, and interstate levels, with particular emphasis 
on regional planning and coordination.''
    The Secretary may not approve any State, regional, or 
tribal application that is inconsistent with any such state 
plan. Accordingly, to be eligible for a covered grant, a region 
must submit its application to each State of which any part is 
included in the region for review and concurrence. Within 30 
days of its receipt, the State must either submit the region's 
application to the Secretary or notify the Secretary that the 
application is inconsistent with the State's homeland security 
plan and provide an explanation of the reasons thereof. If the 
Secretary approves a regional application, then the Secretary 
must distribute the regional award to the State that submitted 
the region's application. Within 45 days after receiving the 
regional award, the State must pass through to the region all 
covered grant funds or resources purchased with such funds, 
except those necessary for the State to fulfill its 
responsibilities with respect to the regional application. 
Under no circumstances may the State pass through less than 80 
percent of the regional award.
    To be eligible for a covered grant, a directly eligible 
tribe must submit its application to each State within the 
boundaries of which any part of such tribe is located. The 
State must simultaneously submit to the Department of Homeland 
Security the application of the directly eligible tribe with 
its application. Although the State has no formal concurrence 
responsibility as with regions, it has the opportunity to 
submit comments to the Secretary on the consistency of a 
directly eligible tribe's application with the State's homeland 
security plan. The Secretary has final authority to determine 
such consistency and to approve the tribe's application.
    All applications must adhere to the following general 
requirements. An applicant must include in its application at a 
minimum: (1) the purpose for which such funds are being sought 
and the reasons why such funds are needed to meet essential 
capabilities; (2) a description of how, by reference to the 
applicable state homeland security plan, the allocation of such 
funds would assist it in fulfilling the essential capabilities 
specified in such plan; (3) a statement whether a mutual aid 
agreement is applicable; (4) a capital budget; and (5) a 
statement on how the applicant intends to meet the matching 
requirement. Moreover, in its application, a State must include 
a description of how it intends to allocate covered grant funds 
to regions, local governments, and Indian tribes.
    This section also establishes the First Responder Grant 
Board (Grant Board), to be headed by the Secretary (or Deputy 
Secretary) and will include Department Under Secretaries for 
Emergency Preparedness and Response, Border and Transportation 
Security, Information Analysis and Infrastructure Protection, 
and Science and Technology, and the Director of the Office for 
Domestic Preparedness. Specifically, the Grant Board shall be 
responsible for evaluating and prioritizing all covered grant 
applications, based upon the degree to which they would, by 
achieving, maintaining, and enhancing the essential 
capabilities of the applicants on a nationwide basis, lessen 
the threat to, vulnerability of, and consequences for persons 
and critical infrastructure from a terrorist attack.
    After evaluating and prioritizing all covered grant 
applications on the basis of risk, the Grant Board shall then 
ensure that each State, territory, and up to 20 directly 
eligible tribes receive no less than a defined minimum amount 
of funding. Specifically, this section requires the Department 
to allocate such grants based on risk and then provide 
additional funds for those applicants that have not met a 
minimum threshold of funding. The minimum threshold for each 
State, other than the U.S. Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands, is 0.25 percent of the 
total funds available for covered grants for that fiscal year. 
Because of the unique terrorism preparedness needs of States 
with international borders, this section provides a minimum 
threshold of 0.45 percent of the total funds available for 
covered grants in that fiscal year for each State that has a 
significantinternational land border or adjoins a body of water 
within North America through which an international boundary line 
extends. The minimum threshold for each of the U.S. Virgin Islands, 
American Samoa, Guam, and the Northern Mariana Islands is 0.08 percent 
of the total funds available for covered grants that Fiscal Year. The 
minimum threshold for directly eligible tribes, collectively, is 0.08 
percent of the total funds available for covered grants that fiscal 
year. This minimum threshold, however, will not apply in a fiscal year 
if the Secretary receives less than five applications for such fiscal 
year from such tribes or does not approve at least one such 
application.
    Section 1806 provides a list of permitted and prohibited 
uses of grant funds, establishes specific time lines for the 
expenditure of covered grant funds, and creates a series of 
reporting requirements for both the Department and State, 
regional, and tribal grant recipients. Specifically, a covered 
grant may be used for appropriate activities as determined by 
the Secretary of Homeland Security, including the following: 
purchasing and upgrading of equipment (including computer 
software); exercises and training; developing or updating 
response plans; establishing or enhancing mechanisms for 
information sharing; systems architecture and engineering, 
program planning and management, and product evaluation; 
additional personnel costs directly attributable to elevations 
in the threat alert level of the Homeland Security Advisory 
System by the Secretary, or an equivalent elevation in the 
threat alert level issued by a State, region, or local 
government with the Secretary's approval; additional personnel 
costs resulting from participation in information, 
investigative, and intelligence sharing activities specifically 
related to terrorism prevention; classified information receipt 
and storage costs; critical infrastructure protective measures, 
up to $1 million per project or, if approved by the Secretary, 
up to ten percent of the total amount of the covered grant; 
costs associated with the purchase of commercially available 
equipment that complies with national voluntary consensus 
standards and that facilitates interoperability of emergency 
communications; developing educational curricula for first 
responders to ensure their preparedness for terrorist attacks; 
and training and exercises to assist public elementary and 
secondary schools in developing terrorism preparedness 
programs.
    Covered grants also may be used to provide a reasonable 
stipend to paid-on-call or volunteer first responders who are 
not otherwise compensated for travel to or participation in 
training in the use of equipment and on prevention activities, 
and provides that such reimbursement shall not be considered 
compensation for purposes of rendering such a first responder 
an employee under the Fair Labor Standards Act of 1938.
    A covered grant, however, may not be used: to supplant 
State or local funds; to construct buildings or other physical 
facilities; to acquire land; or to alleviate any State or local 
government cost sharing contribution. Notwithstanding the 
foregoing, this section expressly permits State and local 
governments to use covered grant funds in a manner that 
enhances first responder preparedness for emergencies and 
disasters unrelated to acts of terrorism, so long as such use 
assists such governments in achieving essential capabilities 
for terrorism preparedness.
    This section also requires that State recipients of covered 
grants pass through 80 percent of their funds to local 
governments, first responders, and other local groups not later 
than 45 days after their receipt of such funds. State 
recipients that fail to pass through these funds may face 
reduced payments, termination of payments, or other 
restrictions. Further, upon a specific and detailed showing, 
the Secretary has authority to redirect a portion of a 
delinquent State's grant amount to a local government directly, 
consistent with the State plan and application. This section 
requires that, two years following the enactment of this 
legislation, all grant recipients must contribute, or match, at 
least 25 percent of the cost of the activities carried out with 
covered grants. This matching requirement may be satisfied with 
in-kind contributions of goods or services.
    Further, this section requires each recipient to submit to 
the Secretary annual reports describing the use of covered 
grant funds, the achievement of essential capabilities, and 
remaining needs. A recipient also may submit a quarterly 
report, which identifies the amount obligated to, and expended 
by, such recipient and a summary description of the items 
purchased, in exchange for a two percent increase in the 
Federal match. Finally, this section also requires an annual 
report from the Secretary to the Congress containing an 
analysis of the Nation's progress in achieving, maintaining, 
and enhancing essential capabilities.
    Section 1807 requires the Secretary of Homeland Security, 
in consultation with the Under Secretary for Science and 
Technology and the Under Secretary for Emergency Preparedness 
and Response, the Director of the Office for Domestic 
Preparedness, and relevant public and private sector groups, to 
develop, promulgate, and update as necessary national voluntary 
consensus standards for first responder equipment and training. 
In establishing any national voluntary consensus standards that 
involve or relate to health professionals, including emergency 
medical professionals, the Secretary also must coordinate with 
the Secretary of Health and Human Services.
    In addition to amending the Homeland Security Act of 2002 
(P.L. 107-296), H.R. 3266, as incorporated into H.R. 10, 
includes other reforms pertaining to emergency preparedness and 
response. It directs the Secretary to revise the Homeland 
Security Advisory System to require that the designation of a 
threat level or any other warning be issued to specific 
geographical regions and economic sectors. It also adds to the 
duties of the Special Assistant to the Secretary for private 
sector liaison the responsibility to coordinate industry 
efforts to identify private sector resources that could 
effectively supplement Federal, State, and local government 
efforts to prevent or respond to terrorist attacks. Moreover, 
the bill supersedes section 1014 of the USA PATRIOT Act 
(dealing with the allocation of terrorism grant funds). And it 
directs the Secretary to ensure that there is effective and 
ongoing coordination of Federal efforts to prevent, prepare 
for, and respond to acts of terrorism and other major 
emergencies among the Department's divisions, including the 
Emergency Preparedness and Response Directorate and the Office 
for State and Local Government Coordination and Preparedness.
    H.R. 3266, as passed as part of H.R. 10, also contains two 
Sense of Congress provisions. The first provision states that 
it is the Sense of the Congress that interoperable emergency 
communications systems and radios should continue to be 
deployed as soon as practicable for use by first responders, 
and that upgraded and new digital communications systems and 
new digital radios must meet prevailing national voluntary 
consensus standards for interoperability. The second provision 
states that it is the Sense of the Congress that individual 
Citizen Corps Councils should seek to enhance and promote local 
terrorism preparedness by providing funding to as many of their 
participating local organizations as practicable.
    H.R. 3266 also directs the Secretary, in consultation with 
other appropriate Federal agencies, to conduct a study to 
determine whether it would be cost effective, efficient, or 
feasible to establish and implement an emergency telephonic 
alert notification system.

Legislative History

    H.R. 3266 was introduced in the House by Representative Cox 
on October 8, 2003, and referred to the Select Committee on 
Homeland Security, and in addition to the Committee on 
Transportation and Infrastructure, the Committee on the 
Judiciary, and the Committee on Energy and Commerce. Within the 
Select Committee on Homeland Security, H.R. 3266 was referred 
to the Subcommittee on Emergency Preparedness and Response.
    On Thursday, October 16, 2003, the Subcommittee on 
Emergency Preparedness and Response held a legislative hearing 
on H.R. 3266. Testimony was received from the Honorable James 
A. Garner, Mayor of Hempstead, New York, President, The United 
States Conference of Mayors; Col. Randy Larsen (Ret.), Founder 
and CEO, Homeland Security Associates, Former Director, 
Institute of Homeland Security, Former Chairman of the Military 
Department at the National War College; and Mr. Robert Latham, 
Director, Mississippi Emergency Management Agency.
    On Thursday, November 20, 2003, the Subcommittee on 
Emergency Preparedness and Response met and forwarded H.R. 3266 
to the Full Committee for consideration, amended, by voice 
vote.
    The Full Committee met in open markup session on March 18, 
2004, and ordered H.R. 3266 favorably reported to the House, 
amended, by a recorded vote of 37 yeas and 0 nays (Record Vote 
No. 10).
    On April 2, 2004, the Select Committee on Homeland Security 
reported H.R. 3266 to the House (H. Rpt. 108-460, Part I). H.R. 
3266 was sequentially referred to the Committee on Science for 
a period ending not later than April 2, 2004, and was 
subsequently discharged from furtherconsideration of H.R. 3266.
    The referral of H.R. 3266 to the Committee on 
Transportation and Infrastructure, the Committee on the 
Judiciary, and the Committee on Energy and Commerce was 
extended on April 2, 2004, for a period ending not later than 
June 7, 2004. The referral of H.R. 3266 to the Committee on 
Transportation and Infrastructure, the Committee on the 
Judiciary, and the Committee on Energy and Commerce was 
extended on June 7, 2004, for a period ending not later than 
June 14, 2004. The referral of H.R. 3266 to the Committee on 
Transportation and Infrastructure, the Committee on the 
Judiciary, and the Committee on Energy and Commerce was 
extended on June 14, 2004, for a period ending not later than 
June 21, 2004.
    The Committee on Energy and Commerce reported H.R. 3266 to 
the House on June 14, 2004, (H. Rpt. 108-460, Part II). The 
Committee on Transportation and Infrastructure reported H.R. 
3266 to the House on June 21, 2004, (H. Rpt. 108-460, Part 
III). The Committee on the Judiciary reported H.R. 3266 to the 
House on June 21, 2004, (H. Rpt. 108-460, Part IV).
    Provisions of H.R. 3266 were included in the text of H.R. 
10 as introduced and passed by the House, but some of them were 
removed during the House-Senate Conference on S. 2845, the 
Intelligence Reform and Terrorism Prevention Act of 2004, the 
Senate companion measure to H.R. 10. For further action, see 
the summary of action on S. 2845 and H.R. 10.

     Rotc and Military Recruiter Equal Access to Campus Act of 2004


                              (H.R. 3966)

    To amend title 10, United States Code, to improve the 
ability of the Department of Defense to establish and maintain 
Senior Reserve Officers' Training Corps units at institutions 
of higher education, to improve the ability of students to 
participate in Senior ROTC programs, and to ensure that 
institutions of higher education provide military recruiters 
entry to campuses and access to students that is at least equal 
in quality and scope to that provided to any other employer.

Summary

    H.R. 3966 adds the Department of Homeland Security, the 
National Nuclear Security Administration, and the Central 
Intelligence Agency to the list of Federal departments and 
agencies whose funds will be denied to postsecondary schools 
that prevent Reserve Officers' Training Corps access or 
military recruiting.

Legislative History

    H.R. 3966 was introduced in the House by Representative 
Rogers of Alabama, Representative Cox, and 18 original 
cosponsors on March 12, 2004. H.R. 3966 was referred to the 
Committee on Armed Services and the Committee on Education and 
Workforce.
    On March 17, 2004, the Committee on Armed Services held a 
markup and ordered H.R. 3966 reported to the House, amended, by 
Voice Vote.
    The Chairman of the Select Committee on Homeland Security 
sent a letter to the Chairman of the Committee on Armed 
Services on March 19, 2004, indicating that, while provisions 
of H.R. 3966 fall within jurisdiction of the Select Committee 
on Homeland Security, the Select Committee would not seek a 
sequential referral of the bill and waive its right to consider 
H.R. 3966. On that same date, the Chairman of the Committee on 
Armed Services sent a letter to the Chairman of the Select 
Committee on Homeland Security acknowledging the jurisdictional 
interests of the Select Committee on Homeland Security and 
supporting the appointment of Conferees from the Select 
Committee should a House-Senate Conference be appointed on H.R. 
3966.
    The Committee on Armed Services reported H.R. 3966 to the 
House, report filed as H. Rpt. 108-443, Pt. I. The referral of 
the bill to the Committee on Education and the Workforce was 
extended for a period ending not later than March 23, 2004.
    On March 23, 2004, the Committee on Education and the 
Workforce was discharged from further consideration of H.R. 
3966.
    Committee on Rules met on March 29, 2004, and granted a 
Rule providing for the consideration of H.R. 3966. On that same 
day, the Rule was filed in the House as H. Res. 580 (H. Rpt. 
108-451).
    The House agreed to H. Res. 580 by voice vote on March 30, 
2004, and proceeded to the consideration of H.R. 3966. The 
House passed H.R. 3966, as amended, by a recorded vote of 343 
yeas and 81 nays (Record Vote No. 101.)
    H.R. 3966 was received in the Senate on March 31, 2004, 
read twice, and referred to the Senate Committee on Armed 
Services. No further action on H.R. 3966 occurred in the 108th 
Congress.
    The Chairman of the Select Committee on Homeland Security 
sent a jurisdictional letter to the Chairman of the House 
Committee on Armed Services on May 11, 2004, noting that 
provisions of H.R. 3966 were included in H.R. 4200, the 
National Defense Authorization Act for Fiscal Year 2005 
(Section 552 of H.R. 4200 as signed into law, Public Law 108-
375). See additional action taken on H.R. 4200.

       Resolution of Inquiry Into Department of Homeland Security


                             (H. Res. 286)

    Directing the Secretary of Homeland Security to transmit to 
the House of Representatives not later than 14 days after the 
date of the adoption of this resolution all physical and 
electronic records and documents in his possession related to 
any use of Federal agency resources in any task or action 
involving or relating to Members of the Texas Legislature in 
the period beginning May 11, 2003, and ending May 16, 2003, 
except information the disclosure of which would harm the 
national security interests of the United States.

Summary

    H. Res. 286 is a resolution of inquiry seeking information 
from the Department of Homeland Security relating to 
information concerning an incident involving the alleged misuse 
of resources of the Air and Marine Interdiction Coordination 
Center within the Department of Homeland Security.

Legislative History

    H. Res. 286 was introduced in the House by Representative 
Gene Green of Texas and 14 original cosponsors on June 19, 
2003. H. Res. 286 was referred solely to the Select Committee 
on Homeland Security.
    On July 16, 2003, the Select Committee on Homeland Security 
met in open markup session and ordered H. Res. 286 adversely 
reported to the House, amended, by a recorded vote of 24 yeas 
and 20 nays.
    The Select Committee on Homeland Security reported H. Res. 
286 to the House, adversely, on July 22, 2003. Report filed in 
the House as H. Rpt. 108-223. No further action occurred during 
the 108th Congress.

                Aviation Security Technical Corrections


                              (H.R. 2144)

    To amend title 49, United States Code, to make technical 
corrections and improvements relating to aviation security, and 
for other purposes.

Summary

    As introduced, section 1503 of H.R. 2144 reorganizes the 
Transportation Security Administration (TSA) under the 
Directorate of Border and Transportation Security of the 
Department of Homeland Security (B&TS). Section 1504 requires 
the Undersecretary for B&TS to assess current and potential 
threats to the domestic air transportation system, and 
establishes a program for the screening of cargo.
    Section 1536 of H.R. 2144 provides technical amendments to 
align TSA within the Department and contains various provisions 
modifying and expanding certain aviation security programs.

Legislative History

    H.R. 2144 was introduced in the House on May 19, 2003, by 
Representatives Don Young of Alaska, Mica, Oberstar, and 
DeFazio. H.R. 2144 was referred solely to the Committee on 
Transportation and Infrastructure.
    On June 25, 2003, the Committee on Transportation and 
Infrastructure ordered H.R. 2144 favorably reported to the 
House, amended.
    The Chairman of the Select Committee on Homeland Security 
sent a letter on June 26, 2003, to the Chairman of the 
Committee on Transportation and Infrastructure, stating the 
intention of the Select Committee on Homeland Security to seek 
a sequential referral of the bill on those sections within the 
jurisdiction of the Select Committee.
    The Chairman of the Select Committee on Homeland Security 
sent a letter on June 26, 2003, to the Speaker of the House, 
requesting a sequential referral of H.R. 2144 and indicating 
that sections 1503, 1504, and 1536 fall within the jurisdiction 
of the Select Committee on Homeland Security. No further action 
on H.R. 2144 occurred in the 108th Congress.

        Provide for the Arming of Cargo Pilots Against Terrorism


                         (S. 1657 / H.R. 3262)

    A bill to amend section 44921 of title 49, United States 
Code, to provide for the arming of cargo pilots against 
terrorism.

Summary

    The Homeland Security Act of 2002 (P.L. 107-296, H.R. 5005) 
contains provisions to arm pilots of passenger aircraft, and 
gives deputized pilots the authority to use force, including 
lethal force, to defend the flight deck against criminal and 
terrorist threats. Participation in the Federal Flight Deck 
Officer Program, established under the Arming Pilots Against 
Terrorism Act contained in P.L. 107-296, is limited to pilots 
of air carriers providing passenger air transportation or 
intrastate passenger air transportation. S. 1657 and H.R. 3262 
both seek to include all-cargo air carrier pilots in the 
program.

Legislative History

    S. 1657 was introduced in the Senate by Senators Bunning of 
Kentucky and Boxer of California on September 25, 2003. The 
bill was read for the first time in the Senate on September 25, 
2003, and read a second time on September 26, 2003.
    H.R. 3262, a House companion bill, was introduced by 
Representative Baker of Louisiana on October 8, 2003. The bill 
was referred to the Committee on Transportation and 
Infrastructure. The Senate considered S. 1657 on November 10, 
2003, and passed the bill by unanimous consent.
    S. 1657 was received in the House on November 12, 2003, and 
referred to the Committee on Transportation and Infrastructure.
    On November 20, 2003, the Chairman of the Select Committee 
on Homeland Security sent a letter the Speaker of the House, 
indicating that S. 1657 included provisions within the 
jurisdiction of the Select Committee on Homeland Security. The 
Chairman further stated that, in order to expedite 
consideration of the measure by the House, the Select Committee 
on Homeland Security would not seek a sequential referral, 
provided such action would not prejudice the Select Committee 
on Homeland Security's future jurisdictional interests in the 
legislation. No further action occurred on S. 1657 or H.R. 3262 
in the 108th Congress.

   Department of Homeland Security Authorization for Fiscal Year 2005


                              (H.R. 4852)

    To authorize appropriations for the Department of Homeland 
Security for fiscal year 2005, and for other purposes.

Summary

    H.R. 4852 is the first-ever Department of Homeland Security 
Authorization Act, authorizing appropriations for Fiscal Year 
2005 and providing Congressional policy guidance to the 
Department as it carries out its homeland security activities. 
The bill contains the key provisions described below.
    Title I, Information Collection, Analysis, and 
Dissemination, contains a series of provisions to enhance the 
Department's capabilities and authorities in this area. Section 
101 makes the Secretary the head of a new inter-agency Homeland 
Security Information Requirements Board that will set 
intelligence collection requirements and priorities, and 
requires that the Secretary be a member of any U.S. government 
board that assists in setting foreign collection requirements 
and priorities. Section 102 improves the timeliness of 
Department access to law enforcement and intelligence 
information by developing a secure communications and 
information technology infrastructure to ensure simultaneous 
dissemination to all those within the Federal community who 
need to have such access. This section, as well as Section 106, 
also clarifies the Department's relationship with the Terrorist 
Threat Integration Center. Section 103 ensures that homeland 
security threats and advisories and other analytic products or 
conclusions issued by Federal agencies for State and local 
governments and the private sector are coordinated by the 
Department. This section also revises the Homeland Security 
Advisory System to provide, as appropriate, for both public, 
nation-wide alerts (with specific advice on appropriate 
protective measures), and regional or sector-specific 
(including non-public) alerts. Section 104 codifies the 
Homeland Security Information Network to provide for a nation-
wide, real-time, two-way secure communications network between 
the Department, other Federal, State and local agencies, and 
the private sector, and requires Departmental approval for 
dissemination of homeland security information by Federal 
agencies to State and local governments and the private sector. 
Section 105 enhances the Secretary's authority to give 
recruitment bonuses for intelligence analysts and others within 
the Information Analysis and Infrastructure Protection (IAIP) 
Directorate, and provides for an IAIP waiver of the ban on 
Federal annuitants receiving any additional Federal salary.
    Title II, Cybersecurity, contains two provisions. Section 
201 provides a definition of the term ``cybersecurity'' for 
purposes of the Paperwork Reduction Act (44 U.S.C. 3502) and 
the Homeland Security Act of 2002. Section 202 enhances the 
profile of cybersecurity within IAIP by establishing in statute 
the National Cybersecurity Division and providing for an 
Assistant Secretary with specific statutory responsibilities 
(including overseeing the National Communications System).
    Title III, Science and Technology, contains provisions 
extending the existence of the Homeland Security Institute 
(Section 301); authorizing the Secretary to create Special 
Access Programs for sensitive research and development 
activities (Section 302); making changes to the appointments of 
members of the Homeland Security Science and Technology 
Advisory Committee (Section 303); requiring the submission of 
additional information to Congress regarding the Department's 
Science and Technology budget and related grants, contracts, 
and solicitations (Sections 304 and 305); requiring the 
Secretary to conduct an assessment of Department science 
investment strategies and priorities (Section 306); authorizing 
the Secretary to extend cybersecurity higher education programs 
administered by the National Science Foundation to include 
community colleges (Section 307); authorizing the joint 
development of anti-terrorism technologies and countermeasures 
with allies of the U.S. in the war on terror (Section 308); 
directing the Secretary to ensure greater coordination of 
geospatial technology, data, and interoperability investments 
between and among the Department's various directorates 
(Section 309); directing the Secretary to coordinate all 
existing interoperability programs, establish a national 
approach to achieving interoperable communications, provide 
technical assistance to State and local agencies, accelerate 
the development of standards, and otherwise carry out these and 
related functions within a new Office of Interoperability and 
Compatibility (Section 310); and establishing a Technology 
Transfer Program to facilitate tests, evaluations, and 
demonstrations of technologies available from the Department, 
other Federal agencies, and the privatesector in order to help 
speed transfer and commercialization of such technology for use by 
Federal, State and local government agencies, emergency response 
providers, and the private sector (Section 311).
    Title IV, Critical Infrastructure Protection, contains 
provisions creating a ``Baldrige-type'' award to encourage 
innovative solutions by the private sector with respect to 
securing critical infrastructures (Section 401); providing the 
Sense of the Congress that private sector participation in the 
Department's Homeland Security Operations Center should be 
increased (Section 402); adding the civilian Global Positioning 
System infrastructure to the statutory list of ``critical 
infrastructure'' under the Homeland Security Act of 2002 
(Section 403); ensuring that grants related to critical 
infrastructure protection are consistent with priorities, 
recommendations, and activities under section 201(d) of the 
Homeland Security Act of 2002, and that the Secretary track and 
provide reporting on such grants by recipient, type of activity 
funded, and critical infrastructure sector addressed (Section 
404); and directing the Secretary to develop critical 
infrastructure protection awareness and educational materials 
for emergency response providers and infrastructure owners and 
operators (Section 405).
    Title V, Emergency Preparedness and Response, contains the 
following provisions. Section 501 directs that terrorism 
exercises conducted by the Department involve multiple threats 
and response capabilities, and are evaluated and assessed to 
identify deficiencies and best practices. Section 502 ensures 
that local officials receive proper notification of homeland 
security grants and that the Secretary distributes grants for 
high-threat, high-density urban areas in a manner that includes 
those jurisdictions that are likely to provide support to the 
designated areas in the event of terrorism. Section 503 directs 
the Secretary to support the development of mutual aid 
agreements by identifying and cataloging existing mutual aid 
agreements at the State and local levels of government, 
disseminating to State and local governments examples of best 
practices in the development of such agreements, and conducting 
an inventory of Federal response capabilities that State and 
local officials may utilize during terrorist attacks or other 
emergencies. Section 504 directs the Secretary of Homeland 
Security, in consultation with all appropriate Federal 
agencies, to develop and publish a comprehensive national 
preparedness goal, with particular emphasis on preparedness for 
acts of terrorism. Section 505 clarifies responsibility within 
the Department with respect to interoperative communications. 
Section 506 directs the Secretary to create a national 
biodefense strategy for meeting the requirements, 
responsibilities, and authorities of the Homeland Security Act 
of 2002 (P.L. 107-296). Section 507 directs the Secretary to 
create a comprehensive national strategy for meeting the 
requirements, responsibilities, and authorities of the Homeland 
Security Act of 2002 with respect to mitigating radiological 
and nuclear threats.
    Title VI, Security Enforcement and Investigations, contains 
provisions requiring the development of a plan to improve 
operational coordination and interoperability of the 
Department's various maritime air and surface assets, and among 
its various overland border air assets (Section 601); requiring 
that the Border and Transportation Security Directorate better 
coordinate the collection, analysis, and dissemination of 
information relating to border and transportation security 
within the Directorate and with other elements of the 
Department, so that all necessary personnel can access and 
receive in a timely manner information from all databases 
utilized by the Directorate (Section 602); and enhancing the 
utilization of pre-clearance programs at the borders by 
increasing flexibility in location and operations of such 
programs (Sections 603 and 604).
    Title VII, Departmental Management and Operations, contains 
three provisions relating to the overall management of the 
Department of Homeland Security. Section 701 shifts the 
responsibilities for management of the Department from the 
Under Secretary for Management to the Deputy Secretary, assigns 
such official additional management-related duties, provides 
for a Chief Acquisition Officer for the Department, and amends 
the responsibilities of the Department's Chief Human Capital 
Officer. Section 702 requires that the Secretary submit 
additional budget details relating to information technology 
spending across the Department's directorates, offices, and 
agencies. Section 703 requires that the Secretary keep the 
Congress fully and currently informed regarding all significant 
initiatives of the Department.
    Title VIII contains several technical and miscellaneous 
provisions, including clarifications regarding the pay level of 
the Director of the Bureau of Citizenship and Immigration 
Services and the reporting structure for the Director of the 
United States Secret Service. Finally, Title IX authorizes 
appropriations for the Department and its directorates.

Legislative History

    H.R. 4852 was introduced in the House on July 19, 2004, by 
Representatives Cox, Dunn, Camp, Shadegg, Thornberry, and 
Gibbons. H.R. 4852 was referred to the Select Committee on 
Homeland Security, and in addition to the Committee on Science, 
the Committee on Transportation and Infrastructure, the 
Committee on Energy and Commerce, the Committee on the 
Judiciary, the Committee on Government Reform, the Committee on 
Agriculture, and the Permanent Select Committee on 
Intelligence.
    On Monday, July 19, 2004, the Select Committee met in open 
markup session to consider, by title, individual Committee 
Prints consisting, collectively, of the text of H.R. 4852 but 
did not complete consideration thereon. No further action 
occurred on legislation to authorize appropriations for the 
Department of Homeland Security in the 108th Congress.
    Several provisions from H.R. 4852 were incorporated into 
H.R. 10, as passed by the House, including Section 202 
(creating Assistant Secretary for Cybersecurity within the 
Department), Sections 310 and 505 (on interoperable 
communications), and Section 503 (on mutual aid). Several 
provisions also were included in Public Law 108-453, including 
Section 309 (geospatial management), and Sections 310, 503, and 
505. Additional provisions of H.R. 4852 were included in the 
Department of Homeland Security Appropriations Act for Fiscal 
Year 2005 (P.L. 108-334) including Section 301 (extension of 
the Homeland Security Institute); and Section 303 (amending the 
terms of Members on the Homeland Security Science and 
Technology Advisory Committee). Other sections were adopted 
pursuant to Executive action: Section 403 (adding the Global 
Positioning System to the list of critical infrastructures); 
and Section 601 (integrating air and maritime border security 
assets within the Directorate of Border and Transportation 
Security).
                          OVERSIGHT ACTIVITIES

                              ----------                              


                             Full Committee

    By the end of the 108th Congress, the Select Committee on 
Homeland Security held 29 Full Committee hearings, and received 
testimony from 68 witnesses at such hearings. In addition, the 
Committee held numerous briefings and site visits at the Member 
and staff levels to review additional matters of oversight 
interest to the Committee. The following is a description of 
the significant oversight activities conducted at the full 
Committee level, by topic.

                          Oversight Activities

     Countering Bioterrorism and Other Weapons of Mass Destruction

    During the 108th Congress, the Committee actively reviewed 
a wide range of issues relating to the Department of Homeland 
Security's bioterrorism-related activities. As part of the 
oversight effort leading up to Committee consideration and 
passage of the Project BioShield Act, the Committee closely 
evaluated the capabilities of the Department to carry out the 
bio-threat assessment critical to the success of this new 
initiative. On May 15, 2003, the Committee held a hearing 
entitled ``BioShield: Countering the Bioterrorist Threat.'' 
This hearing placed BioShield in a broader context by focusing 
on the scope of the threat to our Nation posed by bioterrorism, 
including the technical and economic obstacles to countering 
this threat. The Committee heard testimony from scientists with 
specific expertise in fields related to bioterrorism, as well 
as representatives of companies and industries in the business 
of researching and developing new drugs and treatments. 
Testimony was received from: Dr. Anthony Fauci, Director, 
National Institute of Allergy and Infectious Diseases; Dr. L. 
Garry Adams, Associate Dean for Research, Biodefense & 
Infectious Diseases, College of Veterinary Medicine, Texas A&M 
University; Dr. Clarence James Peters, Director for Biodefense, 
Center for Biodefense and Emerging Infectious Diseases, 
University of Texas Medical Branch; Dr. Ronald Crystal, 
Professor and Chairman, Department of Genetic Medicine, Weill 
Medical College of Cornell University; Dr. William A. 
Haseltine, Chairman and Chief Executive Officer, Human Genome 
Sciences, Inc.; Mr. Alan Pemberton, Pharmaceutical Research and 
Manufacturers of America; Mr. Robert J. Sutcliffe, Director, 
President and Chief Executive Officer, Digital Gene 
Technologies, Inc.; and Mr. Frank M. Rapoport, Partner, McKenna 
Long & Aldridge, LLP.
    On June 6, 2003, the Committee held a hearing entitled 
``BioShield: Lessons from Current Efforts to Develop Bio-
Warfare Countermeasures.'' This hearing identified how Federal 
agencies currently perform bioterror threat assessments and 
whether and how such assessments lead to the prioritization of 
countermeasure development. Testimony was received from: Dr. 
John Ring La Montagne, Deputy Director, National Institute of 
Allergy and Infectious Diseases, National Institutes of Health, 
Department of Health and Human Services; Dr. Ali Khan, Chief 
Science Officer, Parasitic Diseases, National Center for 
Infectious Diseases, Centers for Disease Control and 
Prevention, Department of Health and Human Services; and Mr. 
Joseph M. Henderson, Associate Director for Terrorism 
Preparedness and Response, Centers for Disease Control and 
Prevention, Department of Health and Human Services.
    An additional briefing was held for the Chairman and 
Ranking Member in May 2004 by the Senior Director for 
Bioterrorism of the National Security Council. The briefing 
afforded the Committee the opportunity to understand the 
Administration's work to identify national bioterrorism 
preparedness gaps, the capabilities and current limitations of 
Federal agencies, and to better coordinate the efforts of the 
Federal government in concert with State and local partners.
    Subsequent to the passage of the Project BioShield Act, on 
October 13, 2004, the Department of Health and Human Services 
briefed the Committee on the status of the BioShield 
procurement process. Officials at the briefing included Dr. 
Monique Mansoura, Senior Planning Officer of the Office of 
Research and Development Coordination. The briefing discussed 
how to expand the number of Federal contracts awarded pursuant 
to the new Project BioShield legislation in order to procure 
new chemical, biological, radiological, and nuclear 
countermeasures.
    In addition, on November 22, 2004, Committee staff traveled 
to the Counter Measures Test Bed located at the New York/New 
Jersey Port Authority, which was being funded by the Science 
and Technology Directorate of the Department of Homeland 
Security. The purpose of this visit was to understand the 
breadth of countermeasure technologies that are evaluated at 
test beds, how new technologies are incorporated into existing 
infrastructures, and how the knowledge, operation concepts, and 
other resources gained at test beds are shared and utilized by 
the Department and other users.
    On November 23, 2004, Committee staff also traveled to the 
Plum Island Animal Disease Center within the Science and 
Technology Directorate of the Department of Homeland Security. 
The purpose of this visit was to understand the risks of 
foreign animal diseases and the appropriate means of 
preventing, detecting, and eliminating their potential 
intrusion into the United States. Additional issues of concern 
included the transition of Plum Island to the Department of 
Homeland Security from the Department of Agriculture, the costs 
of maintaining the island facility, and incorporating agro-
terrorism preparedness into the National Response Plan.
    During the 108th Congress, the Committee also reviewed the 
efforts of DHS to coordinate its threat assessment with the 
assets, capabilities, and research and development activities 
across the Federal government, and to establish a strategic 
plan and priorities for such activities pursuant to its mandate 
under the Homeland Security Act of 2002. As part of this 
effort, on Thursday, June 3, 2004, the Committee held a hearing 
entitled ``Towards a National Biodefense Strategy.'' Testimony 
was received from the Honorable Penrose ``Parney'' Albright, 
Assistant Secretary for Science and Technology, Department of 
Homeland Security; Major General Lester Martinez-Lopez, 
Commanding General, U.S. Army Medical Research and Materiel 
Command Fort Detrick, Maryland; Dr. Anthony Fauci, Director of 
the National Institute of Allergy and Infectious Diseases, 
Department of Health and Human Services; Accompanied by Dr. 
William F. Raub, Principal Deputy Assistant Secretary, Office 
of the Assistant Secretary for Public Health Emergency 
Preparedness; Dr. Shelley A. Hearne, Executive Director, Trust 
for the America's Health; and Dr. Anna Johnson-Winegar, Private 
Consultant.
    In addition, on December 8, 2003, the Chairman of the 
Committee sent a request to the Government Accountability 
Office (GAO), along with other Members of Congress, to review 
the level of coordination between the Department of Homeland 
Security and other Federal agencies with respect to 
preparedness for and response to a terrorist event with 
significant public health implications. Specific topics for 
review included inter-agency collaboration on: (1) the new 
BioWatch and BioSense programs; (2) biodefense research 
programs; (3) response capabilities such as the Strategic 
National Stockpile and the Metropolitan Medical Response 
System; and (4) plans to coordinate the Federal response to 
bioterrorism. This work by the GAO remains ongoing, and the 
Committee conducted numerous other briefings and interviews 
with DHS and other Federal agencies with respect to these 
topics during 2003 and 2004.

                           Airspace Security

    During the 108th Congress, the Committee reviewed the 
efforts of the Department of Homeland Security's Office of Air 
and Marine Operations (AMO) to carry out its airspace security 
responsibilities, particularly its new responsibilities with 
respect to the National Capital Region (NCR). Among other 
responsibilities, the Air and Marine Operations Center (AMOC) 
is a radar surveillance center, which monitors airspace around 
the United States with special focus on detecting air assets 
crossing the border. AMOC also coordinates response 
capabilities to interdict, identify, and investigate in real 
time aviation aircraft that violate airspace restrictions.
    As part of this oversight effort, on May 27, 2004, 
Committee staff visited Ronald Reagan National Airport in 
Washington, DC, for a briefing and demonstration by AMO on its 
airspace security capabilities in the NCR. On June 30, 2004, 
Committee staff also traveled to the AMOC, located in 
Riverside, California, where staff received a briefing on AMOC 
capabilities and resources.
    The Committee also reviewed the circumstances surrounding 
an airspace incursion incident in the NCR that occurred during 
the events relating to former President Ronald Reagan's 
funeral. On the afternoon of June 9, 2004, the presence of an 
unidentified Track of Interest (TOI) by the Federal Aviation 
Administration (FAA) inside the Washington, DC Flight 
Restricted Zone (FRZ) led the U.S. Capitol Police Command 
Center to order the evacuation of the Capitol complex during 
the events related to former President Ronald Reagan's funeral. 
The flight was later identified to be a legitimate plane bound 
for Ronald Reagan National Airport, but a malfunctioning 
transponder on the plane prevented proper communication between 
the airplane and the FAA.
    Following the incident, Committee staff received a 
classified briefing by all relevant agency representatives, 
including the Transportation Security Administration, AMO, the 
Department of Defense, the FAA, the U.S. Secret Service, and 
the U.S. Capitol Police, and invited the staff of the other 
House Committees with relevant jurisdiction to attend. The 
briefing focused on the precise events that transpired on June 
9th, the problems in coordination and communication that were 
identified, the capabilities of the relevant parties to react 
to airspace incursions in the NCR, and the corrective actions 
that would be taken to prevent similar incidents in the future. 
Subsequently, on July 23, 2004, Committee staff visited the NCR 
AMO operations at Ronald Reagan National Airport in Washington, 
DC. Staff reviewed additional information regarding the June 9, 
2004 airspace incursion, AMO's general authorities and roles 
with respect to incursions into the Flight Restricted Zone 
around Washington, DC, and AMO's actions with respect to other 
past incidents of incursions.

            Standing Up the Department of Homeland Security

    On May 20 and 22, 2003, the Committee held a hearing 
entitled ``How is America Safer? A Progress Report on the 
Department of Homeland Security.'' Testimony was received from 
the Honorable Tom Ridge, Secretary, Department of Homeland 
Security, and the hearing focused on the challenges facing the 
new Department in its first year. A few months later, on 
September 10, 2003, the Committee held a similar hearing 
entitled ``Perspectives on 9/11: Building Effectively on Hard 
Lessons.'' Testimony was received from: the Honorable James 
Gilmore, III, former Governor of Virginia and Chairman, 
Advisory Panel to Assess Domestic Response Capabilities for 
Terrorism Involving Weapons of Mass Destruction; and Ms. 
Eleanor Hill, Staff Director, Joint Intelligence Committee 
Inquiry.

               Emergency Response and Terrorism Exercises

    During the 108th Congress, the Committee emphasized the 
importance of real-world exercises in both monitoring and 
improving preparedness levels for acts of terrorism. On May 18, 
2003, the Committee received a briefing from representatives of 
the Department of Homeland Security on TOPOFF II (Top 
Officials). The TOPOFF series is a national-level, multi-
agency, multi-jurisdictional, ``real-time,'' limited-notice 
weapons of mass destruction (WMD) response exercise, designed 
to better prepare senior government officials to respond 
effectively to an actual terrorist attack involving WMD. TOPOFF 
II was held on May 12, 2003. The Department of Homeland 
Security and the Department of State, in cooperation with 
Federal, State, local, and Canadian partners, conducted this 
exercise of simulated attacks in the Chicago and Seattle 
metropolitan areas. The Committee briefing focused on the 
immediate findings of the exercise and the plans for more 
thorough analysis of deficiencies revealed and corrective 
actions to be taken.
    To follow up on this matter, on October 3, 2003, Committee 
Members and staff traveled to Seattle, Washington, and met with 
Federal and local officials involved in the TOPOFF II exercise, 
including representatives from the United States Coast Guard; 
King County, Washington; the Seattle Fire Department; Federal 
Emergency Management Agency, Region X; a King County public 
health officer; and the Washington State Department of 
Emergency Management. The Committee also met with first 
responders to discuss interoperability and information sharing 
practices. This roundtable discussion provided significant 
background that led to the introduction of H.R. 3266 (see 
discussion of ``First Responders''). The Committee was 
particularly interested in examining the challenges the 
Department faced in coordinating and planning exercises that 
incorporate multiple agencies from different levels of 
government and private industry.
    On May 17, 2004, Committee staff traveled to New York City 
to observe Operation Transit SAFE (Subway Attack Full-Scale 
Exercise), an exercise sponsored by the Office for Domestic 
Preparedness of the Department of Homeland Security. The 
Department designed Operation Transit SAFE to comprehensively 
test and evaluate capabilities to respond to terrorist attacks 
involving WMD in a public transportation setting.
    In addition, on Thursday, July 8, 2004, the Committee held 
a hearing entitled ``Practice Makes Perfect: Strengthening 
Homeland Security by Exercising Terrorism Scenarios.'' 
Testimony was received from the Honorable C. Suzanne Mencer, 
Executive Director, Office of State and Local Government 
Coordination and Preparedness, Department of Homeland Security; 
Mr. Thomas O. Mefferd, Director, DuPage County Office of 
Homeland Security and Emergency Management, State of Illinois; 
and Mr. Clark Kimerer, Deputy Chief of Operations, Seattle 
Police Department, Seattle, Washington. This hearing examined 
how terrorism preparedness exercises assist in strengthening 
Federal, State, and local government homeland security response 
capabilities by providing an opportunity for communities to 
train for specific scenarios, to identify gaps in preparedness, 
to measure readiness, and to promote cooperation among multiple 
agencies and jurisdictions. This hearing also focused on the 
level of cooperation and communication between State and local 
agencies and the Department's Office for Domestic Preparedness 
in preparing, conducting, and evaluating such an exercise. The 
Committee examined the effectiveness of the Office for Domestic 
Preparedness' support in aiding States and localities to 
implement their own terrorism preparedness exercises, and the 
degree to which exercises within the Department of Homeland 
Security are coordinated to form an integrated program. In 
addition, witnesses discussed the degree to which terrorism 
preparedness programs in the Department of Defense or the 
Department of Health and Human Services are coordinated and 
integrated with exercises implemented by the Department of 
Homeland Security.
    The Committee also examined the role of the media with 
respect to terrorism preparedness and response, including with 
respect to terrorism exercises. On September 15, 2004, the 
Committee held a hearing entitled ``Combating Terrorism: The 
Role of the American Media.'' Testimony was received from Mr. 
Marvin Kalb, Author and Senior Fellow, Joan Shorenstein Center 
on the Press Politics and Public Policy at Harvard University's 
Kennedy School of Government, Former Moderator, NBC's Meet the 
Press; Mr. Frank Sesno, Former Vice President and Washington 
Bureau Chief, Cable News Network (CNN); Mr. Scott Armstrong, 
Executive Director, Information Trust; Ms. Barbara Cochran, 
President, Radio-Television News Director Association; Mr. 
Gregory Caputo, News Director, WGN-TV 9, Chicago, Illinois; Mr. 
Robert Long, Vice President and News Director, KNBC-4, Los 
Angeles, California. This hearing examined the role the 
broadcast media plays in the War on Terrorism, and our efforts 
to communicate emergency information to the public in times of 
crisis.

                   Port, Maritime, and Cargo Security

    The Committee conducted ongoing oversight regarding the 
programs and capabilities of the Department of Homeland 
Security to ensure that terrorists cannot exploit our maritime 
system to smuggle weapons of mass destruction or other 
contraband into the country. To better understand the impact of 
two new Departmental initiatives in this area--the Container 
Security Initiative (CSI) and Operation Safe Commerce (OSC)--
and to evaluate additional port security needs, Committee 
Members and staff traveled in June 2003 to the Ports of Los 
Angeles and Long Beach, which together handle approximately 42 
percent of the Nation's cargo.
    During the site visit, the Committee held a hearing on June 
21, 2003, entitled ``Protecting Our Commerce: Enhancing the 
Security of America's Ports.'' Testimony was received from: 
Captain John Holmes, United States Coast Guard; Mr. William 
Ellis, Director of Security, Port of Long Beach; Ms. Vera 
Adams, Interim Port Director, Los Angeles/Long Beach, Bureau of 
Customs and Border Protection (CBP), Department of Homeland 
Security; Mr. Noel K. Cunningham, Chief of Police and Director 
of Operations, Port of Los Angeles; Mr. Lee Baca, Sheriff, Los 
Angeles County, California; Mr. Mike Carona, Sheriff, Orange 
County, California; Ms. Doris Ellis, Director, Sandia National 
Laboratories; and Mr. Kenneth A. Price, Senior Inspector, 
Bureau of Customs and Border Protection, Department of Homeland 
Security. The Members also toured the ports by helicopter and 
Coast Guard cutter. They examined truck-mounted X-ray machines 
that are moved from dock to dock to screencontainers, and 
witnessed the operations of the Coast Guard and CBP officials who work 
with local law enforcement to check ships, crew members, and the 8,000 
steel containers that come through the adjoining ports daily. Similar 
topics were explored during the Committee Members' trip to Seattle in 
October 2003.
    On February 27, 2004, Members of the Select Committee 
traveled to Miami, Florida, and conducted a site tour of 
various facilities. While visiting the Port of Miami, the 
Committee met with representatives of the U.S. Coast Guard; 
Customs and Border Protection, Department of Homeland Security 
(CBP); the Transportation Security Administration, Department 
of Homeland Security (TSA); Port of Miami officials; and 
representatives from the Cruise Industry. The Committee 
examined CBP passenger processing, including the United States 
Visitor and Immigrant Status Indicator Technology Program (US-
VISIT) entry and exit procedures. The Committee also witnessed 
a demonstration of the Transportation Security Administration's 
Synergy Program, under which TSA is integrating the seamless 
transfer of the baggage of cruise ship passengers from one mode 
of transportation to another.
    On April 23, 2004, Committee staff visited Coast Guard 
operations in Yorktown, Virginia. Staff observed and 
participated in the multiple maritime security missions of the 
Coast Guard in order to gain a better understanding of these 
missions, and the Coast Guard's capabilities and assets.
    From August 15-20, 2004, Committee staff traveled with 
representatives from the Coast Guard to Juneau, Valdez, and 
Kodiak Island, Alaska to receive additional briefings and 
demonstrations on Coast Guard missions and capabilities. The 
briefings focused on how the agency has transformed itself 
since September 11, 2001, to focus more heavily on its homeland 
security missions.
    On November 4, 2004, Committee staff toured the U.S. Coast 
Guard Cutter Shamal (WPC-13) at James Creek Marina, Washington, 
DC. Transferred from the U.S. Navy to the Coast Guard on 
September 29, 2004, Shamal, once commissioned, will conduct 
homeland security missions, including drug and alien migrant 
interdiction, and search and rescue operations in the Caribbean 
and Gulf of Mexico. The purpose of the staff visit was to 
examine the vessel, meet the crew, and gain a better 
understanding of the emerging homeland security capabilities of 
the Coast Guard.
    On December 1, 2004, Committee staff received briefings 
from representatives of CBP on progress made in both the CSI 
and the Customs and Trade Partnership Against Terrorism (C-
TPAT) programs. Following this briefing, Committee staff 
traveled to Singapore and Europe during December 2004 to see 
how these programs operate in practice. The European trip 
included the Kingdom of the Netherlands, the French Republic, 
and the United Kingdom of Great Britain and Northern Ireland. 
Staff visited the Port of Felixstowe, the Port of Rotterdam, 
and the Port of Le Havre to meet with CBP and Immigration and 
Customs Enforcement (ICE) staff to discuss the CSI and C-TPAT 
programs. Staff also examined the Immigration Advisory Program 
(IAP) effort at Schiphol Airport in Amsterdam.

              Border Security and Immigration Enforcement

    In an effort to examine the progress made in our Nation's 
capabilities to secure ports of entry into the United States, 
track visa holders, and prevent would-be terrorists and 
terrorist weapons from entering the country, on June 25, 2003, 
the Committee held a hearing entitled ``Assessment of 
Department of Homeland Security Initiatives to Secure America's 
Borders.'' The hearing also included discussion of how security 
efforts are being balanced with the desire to facilitate legal 
commerce and travel. Testimony was received from the Honorable 
Asa Hutchinson, Under Secretary of Homeland Security for Border 
and Transportation Security, Department of Homeland Security. 
Under Secretary Hutchinson updated Members on the Department's 
progress in setting up the Border and Transportation Security 
(BTS) Directorate and transferring into it the various legacy 
agencies that make up that Directorate.
    The Committee also began a review of the U.S. Border 
Patrol's policies relating to enforcement of immigration laws 
away from the border. As part of this review, on June 23, 2004, 
the Chairman of the Select Committee requested that the 
Government Accountability Office (GAO) report to the Committee 
on the proper functioning and effectiveness of the U.S. Border 
Patrol's interior checkpoints. The GAO agreed to conduct this 
review, which is ongoing.
    In addition, Committee Members and staff traveled to 
Washington State in October 2003 and met with Federal, local, 
and Provincial Canadian officials and private sector 
representatives on security challenges in the Puget Sound and 
Northern Border region. The Committee discussed initiatives and 
programs relating to Northern Border crossings. As part of this 
trip, on October 4, 2003, the Committee met with 
representatives from the Federal Bureau of Investigation, the 
Department of Homeland Security, and local law enforcement 
officials on perspectives on the Ahmed Ressam millennium 
bombing case, which was disrupted when he attempted to cross 
the Northern Border. Committee Members and staff also traveled 
to St. John in February 2004 to examine additional alien 
smuggling and border security issues, as part of a multi-
purpose Committee trip to Miami, Florida and Guantanamo Bay, 
Cuba.
    From August 23-27, 2004, Committee staff also visited 
Sydney and Canberra, in the Commonwealth of Australia, to meet 
with representatives from the Australian Department of 
Immigration and Multicultural and Indigenous Affairs. The 
purpose of the trip was to discuss the Australian border 
management system, which utilizes advanced passenger 
information and electronic visas. During the trip, staff also 
met with Australian officials regarding maritime security, 
intelligence, and counter-terrorism efforts.
    In addition to the above trips, Committee staff traveled to 
ports of entry (POEs), Border Patrol stations, U.S. Coast Guard 
facilities, detention centers, and other Department facilities 
relating to its border security mission around the country. 
Specifically, staff traveled to the following States: Arizona, 
Texas, California, New York, and Michigan. During these site 
visits, staff met with Department personnel from various 
offices, other Federal agencies, State and local governments, 
Tribal governments, and private sector representatives. These 
trips provided Committee staff an opportunity to understand 
unique security challenges around the Nation and review current 
Department initiatives to secure our borders.
    For additional information on Committee activities relating 
to border security, see the Subcommittee on Infrastructure and 
Border Security oversight section.

                            First Responders

    The paramount emergency preparedness and response concern 
of the Committee during the 108th Congress was reforming the 
Office for Domestic Preparedness (ODP) homeland security grant 
programs for State and local governments. The Committee held 
numerous hearings and briefings on this issue with the 
Department of Homeland Security, State and local government 
entities, first responders and their associations, non-profit 
commissions, and Members of Congress. Committee staff also 
gathered data from, and conducted interviews with, State and 
local governments across the country to identify deficiencies 
with the current homeland security assistance system. These 
activities, described more fully below, were the foundation for 
the Committee's development and passage of H.R. 3266, the 
Faster and Smarter Funding for First Responders Act.
    On June 19, 2003, the Committee held a hearing entitled 
``America's Response to Terrorism: How is DHS Improving our 
Capabilities?'' Testimony was received from the Honorable 
Michael Brown, Under Secretary of Homeland Security for 
Emergency Preparedness and Response, Department of Homeland 
Security. This hearing examined the Department's progress in 
enhancing our Nation's capabilities to prepare for, respond to, 
and recover from acts of terrorism, especially those involving 
weapons of mass destruction (WMD), and how to better distribute 
Federal homeland security assistance to first responders for 
such purposes. The hearing identified numerous problems with 
the Federal government's distribution of funds to State and 
local governments for terrorism preparedness.
    On July 17, 2003, the Committee held a hearing entitled 
``First Responders: How States, Localities, and the Federal 
Government Are Working Together to Make America Safer.'' 
Testimony was received from the Honorable Mitt Romney, 
Governor, Commonwealth of Massachusetts; Mr. Jamie F. Metzl, 
Senior Fellow and Coordinator for Homeland Security Programs, 
Council on Foreign Relations; Mr. George Jaramillo, Assistant 
Sheriff, Orange County, California Sheriff's Department; Mr. 
Michael Grossman, Captain, Los Angeles County Sheriff's 
Department; and Mr. Ray Kiernan, Fire Commissioner and Chief of 
New Rochelle Fire Department & Member of Westchester Career 
FireChiefs and Northeast Fire Consortium, New Rochelle Fire 
Department, New Rochelle, New York. This hearing examined the 
Department's administration of Federal terrorism preparedness grant 
programs from the perspective of State and local governments. The 
witnesses emphasized the need to simplify and streamline the grant-
making process and to facilitate more effective coordination at all 
levels of government.
    On October 3, 2003, in Seattle, Washington, Committee 
Members met with first responders to discuss interoperability 
and information sharing practices. In addition, on October 21, 
2003, the Committee held a hearing entitled ``Funding for First 
Responders: Ensuring That Federal Funds Are Distributed 
Intelligently.'' This hearing focused on reforming the current 
system of allocating Federal funds to first responders. 
Testimony was received from the Honorable John G. Rowland, 
Governor, State of Connecticut; Mr. John D. Cohen, Special 
Assistant to the Secretary of Public Safety, Commonwealth of 
Massachusetts; Mr. Ray A. Nelson, Executive Director, Office 
for Security Coordination, Commonwealth of Kentucky; and Lt. 
Col. Scott Behunin, Director, Division of Emergency Service & 
Homeland Security, State of Utah who testified on behalf of the 
National Emergency Management Association.
    On November 19, 2003, the Chairman of the Select Committee 
met with representatives from the national fire service 
organizations, including officials of the International 
Association of Fire Fighters, the International Association of 
Fire Chiefs, and the National Volunteer Fire Council, to 
discuss the provisions of H.R. 3266, the ``Faster and Smarter 
Funding for First Responders Act of 2003,'' which was 
introduced on October 8, 2003. The Chairman and the fire 
service representatives discussed a number of issues, including 
the need to clarify the definition of the term ``emergency 
response providers''; preserve existing traditional grant 
programs, such as the Fire Act grants and the Emergency 
Management Planning and Assistance Account Grant programs; 
enhance reporting requirements to ensure that first responders 
rapidly receive Federal funding; improve public safety 
communications interoperability; and establish a first 
responder advisory council. The Chairman held a similar meeting 
with representatives of the law enforcement community on May 
20, 2004; this meeting emphasized the importance of ensuring 
that H.R. 3266 permitted Federal grant funds to be used for 
prevention activities, such as enhanced information sharing and 
critical infrastructure protection. The Chairman held 
additional meetings with first responder organizations 
throughout 2003 and 2004, as well.
    On January 12, 2004, ODP officials briefed Committee staff 
on the Department's process for distributing terrorism 
preparedness grants for Fiscal Year 2004. In response to the 
Committee's inquiries, ODP discussed the Department's efforts 
to streamline the grant distribution process, consolidate all 
terrorism preparedness grants into a single office, simplify 
the application process, and establish more stringent reporting 
requirements for State and local governments.
    In addition, during a tour of various facilities at the end 
of February 2004, Committee Members and staff met with 
representatives from the Miami Medical School to discuss the 
emergency response to terrorism for first responders. They also 
visited with first responders on St. Thomas and St. Croix, U.S. 
Virgin Islands, where they were briefed on local first 
responder funding, drug interdiction and money laundering.
    Between January and April 2004, Committee staff gathered 
data from, and interviewed, State and local officials from 
across the country with respect to their receipt and 
utilization of DHS terrorism preparedness grants. This review 
discovered numerous administrative, legal, organizational, and 
planning obstacles to effective and efficient allocation and 
spending of Federal homeland security assistance. Specifically, 
Committee staff found that (1) the Department awarded grants 
without a rigorous assessment of need or risk; (2) almost one-
third of the States allocated their share of Federal grant 
funds to internal jurisdictions without regard to need or risk; 
(3) those States that applied need or risk criteria in 
allocating grant funding followed no standard approach to doing 
so; (4) no Federal terrorism preparedness standards existed to 
guide the spending of such funds at the State and local level, 
resulting in many questionable expenditures; and (5) local 
governments have spent only a small proportion of Federal grant 
funds due to a lack of advanced planning and other 
administrative obstacles.
    In early August 2004, Committee staff traveled to New York 
City to meet with Mayor Michael Bloomberg's staff on first 
responder funding issues and to review New York City's 
terrorism preparedness activities. New York City officials, 
first responders, and emergency managers briefed Committee 
staff on the unique characteristics and needs of a densely 
populated, high-risk urban area; the preparedness measures 
necessary to prevent and respond to terrorist attacks in such 
areas; and the effect of the current Federal homeland security 
assistance system on New York City's ability to prevent, 
prepare for, and respond to future attacks, especially those 
involving weapons of mass destruction.
    To observe existing capabilities available to improve 
technologies, exercises, and procedures for first responders, 
Committee staff traveled to the National Memorial Institute for 
the Prevention of Terrorism in Oklahoma City on November 30, 
2004. The purpose of this visit was to learn about ongoing 
research and development that may produce new technologies for 
first responders to improve communications, detect and respond 
to weapons of mass destruction and other hazardous materials, 
improve safety, share information among various government 
agencies and the private sector, and adequately alert the 
public and first responders of emergencies. In addition, this 
visit provided insight into the existing and future 
capabilities of the Department to catalogue and disseminate 
best practices and lessons learned among all levels of the 
public safety community, as well as to provide assistance for 
first responders to locate and compare off-the-shelf 
technologies for purchase.
    As a result of this oversight activity on first responder 
issues, the Committee developed and passed H.R. 3266 (see 
Legislative Activity section), which was later incorporated 
into H.R. 10, the ``9/11 Commission Recommendations 
Implementation Act of 2004,'' as passed by the House. The 
Committee also developed, as a result of this oversight 
activity, various other first responder-related provisions that 
were incorporated into H.R. 10, including provisions to: (1) 
Enhance coordination, standard-setting, technical assistance, 
best practices, and planning for interoperable communications 
for first responders; (2) permit the Department of Homeland 
Security to enter into multi-year commitments with grant 
recipients for interoperable communications purposes; (3) 
direct the Department to carry out a program for the rapid 
establishment of interoperable communications systems in high-
risk areas; (4) provide liability protection for first 
responders who respond in neighboring jurisdictions pursuant to 
mutual aid agreements; and (5) direct the Department to review 
gaps in the current mutual aid systems throughout the country, 
provide assistance and best practices to spur additional mutual 
aid agreements where needed, and create and provide to States 
and local governments an inventory of available Federal 
response assets. These provisions ultimately became law as part 
of the ``Intelligence Reform and Terrorism Prevention Act of 
2004,'' the Senate companion to H.R. 10.
    In addition, the Committee's active oversight and 
legislative activity relating to first responder funding 
programs encouraged administrative reforms by the Executive 
Branch, included for example, in Homeland Security Presidential 
Directive on National Preparedness (HSPD-8), including: (1) 
Greater risk-based prioritization of grants; (2) developing 
terrorism preparedness standards to guide spending and to 
measure results; and (3) consolidating and streamlining the 
various first responder grant programs. Moreover, improvements 
in State reporting and accountability also resemble policies 
within legislation authored by the Committee. Each State must 
now submit an application for Federal homeland security 
assistance that is consistent with a prior approved State 
homeland security plan. Recipients of Federal homeland security 
assistance in Fiscal Year 2005 also must, as directed by the 
Department of Homeland Security, provide reports on the use of 
funds. Similar to the policies encouraged by this Committee, 
the Office of State and Local Government Coordination and 
Preparedness (OSLGPC) will soon provide State and local 
jurisdictions with nationally-accepted first responder 
preparedness levels and grant guidelines. OSLGCP is currently 
developing measurable readiness priorities and targets that 
account for the threat, risks, and consequences of possible 
attacks, major disasters, and other emergencies.
    The Fiscal Year 2005 Grant Guidance for the Homeland 
Security Grant Program and the Urban Area Security Initiative 
recently released by ODP also incorporated numerous policies 
that originated within H.R. 3266. They include directing State 
preparedness strategies and the spending of Federal homeland 
security grant assistance to be based on the achievement of 
nationally accepted risk-basedlevels of preparedness that 
correspond with the particular risks, threats, consequences, 
population, population density, critical infrastructure, and other 
distinguishing factors of a community. Similar to H.R. 3266, regional 
grant awards will be required to be consistent with State plans. 
Further, ODP directs grant recipients to foster a greater regional 
approach to preparedness through the development of mutual aid 
agreements, inter-agency training and exercises that involve multiple 
jurisdictions, and the development of comprehensive interoperable 
communications plans--all of which have been strongly advocated by the 
Committee.

   The Homeland Security Advisory System and Other Threat Advisories

    During the 108th Congress, the Committee examined concerns 
with the Department of Homeland Security's administration and 
use of the Homeland Security Advisory System, particularly with 
respect to the impact of such alerts on the public, personnel 
overtime costs, and other administrative burdens that result 
from elevations in the threat alert level. As part of this 
review, on February 4, 2004, the Committee held a hearing 
entitled ``Homeland Security Advisory System: Improving 
Preparedness through Effective Warning.'' Testimony was 
received from the Honorable James Loy, Admiral (Ret.), Deputy 
Secretary, Department of Homeland Security; and Mr. John O. 
Brennan, Director, Terrorist Threat Integration Center. The 
hearing focused on ways to better target threat and warning 
information by region or sector, so as to avoid imposing costs 
upon the Nation as a whole.
    In addition, the Chairman and Ranking Member of the Select 
Committee on Homeland Security requested that the Government 
Accountability Office (GAO) assist the Select Committee by 
undertaking a review of the Homeland Security Advisory System's 
benefits and costs and potential improvements that could be 
made to the system. On June 25, 2004, GAO issued its report, 
entitled ``Homeland Security: Communication Protocols and Risk 
Communication Principles Can Assist in Refining the Advisory 
System.'' The report examined the decision making process for 
changing the advisory system national threat level; information 
sharing across Federal, State, and local governments; the 
protective measures implemented during alert periods; and the 
costs associated with these alert changes.
    As a result of the Committee's oversight on this issue, the 
Department of Homeland Security reconfigured the Homeland 
Security Advisory System to provide--whenever possible--
targeted warnings on the basis of the suspected geographic 
location, type, and target of a suspected terrorist attack. In 
addition, the Department increased the quality of resources and 
the level of information sharing with citizens and businesses 
dedicated to improving preparedness measures.
    On a related matter, the Committee also reviewed the level 
of coordination between DHS and the FBI with respect to the 
issuance of terrorism threat warnings or alerts to State and 
local governments, the private sector, and the public. On April 
8, 2004, the Chairman of the Select Committee on Homeland 
Security and the Chairman of the Subcommittee on Intelligence 
and Counter- 
terrorism sent a letter to the Secretary of the Department of 
Homeland Security requesting information relating to the 
issuance of terrorist threat advisories by the Department and 
the FBI, and in particular, the circumstances surrounding the 
issuance of a March 24, 2004 advisory by the FBI to the 
chemical industry in Houston, Texas, without the Department's 
participation or concurrence. Subsequently, the Committee 
received a briefing on May 17, 2004, from representatives of 
the Department of Homeland Security on the issuance of threat 
advisories, and the Department agreed to ensure that all future 
threat advisories from DHS or the FBI would be appropriately 
coordinated.

               Terrorist Threat Integration Center (TTIC)

    The Terrorist Threat Integration Center (TTIC) was 
established on May 1, 2003, to enable full integration of 
terrorist threat-related information and analysis. TTIC is a 
joint venture between the Department of Homeland Security, the 
Federal Bureau of Investigation, the Department of State, the 
Department of Defense, the Central Intelligence Agency, and 
other representatives as assigned. During the 108th Congress, 
the Chairman and Ranking Member of the Select Committee on 
Homeland Security received routine, bi-weekly classified 
briefings from TTIC officials on the current threat 
environment. In addition, the Committee conducted oversight of 
TTIC's operations and activities, particularly its efforts to 
integrate classified and unclassified law enforcement and 
intelligence networks from across the relevant Federal 
agencies.
    As part of this oversight, on July 22, 2003, the Select 
Committee on Homeland Security and the Committee on the 
Judiciary held a joint hearing entitled ``Terrorist Threat 
Integration Center (TTIC) and Its Relationship with the 
Departments of Justice and Homeland Security.'' Testimony was 
received from: Mr. John Brennan, Director of the Terrorist 
Threat Integration Center; Mr. Larry Mefford, Executive 
Assistant Director, Counterterrorism and Counterintelligence, 
Federal Bureau of Investigation; Mr. William Parrish, Acting 
Assistant Secretary for Information Analysis, Department of 
Homeland Security; and Mr. Jerry Berman, President, Center for 
Democracy and Technology, Washington, DC. In addition, the 
Chairman and Ranking Member conducted a site visit on July 9, 
2004, to the TTIC facility to examine the current efforts to 
integrate classified and unclassified networks.

                     Identification Documents Fraud

    The Committee conducted oversight in the 108th Congress 
regarding the ability of terrorists to gain fraudulent 
identification documents that would provide them the 
opportunity to travel into and within the United States. 
Central to the Committee's oversight of this issue was 
examining how drivers' licenses are fraudulently obtained and 
used. A drivers' license in America today is much more than 
certification that the license holder is capable of operating a 
motor vehicle; it also is the primary identifier for airline 
security, to enter the country from Mexico or Canada, to 
purchase a weapon, to open a bank account, or to rent an 
apartment. Seven of the 9/11 hijackers traveled to Virginia to 
obtain genuine drivers' licenses. Although none of them resided 
in Virginia at the time, they were able to obtain 
identification cards by falsely swearing they were residents of 
Virginia. Virginia has since modified its identification card/
drivers' license application procedures. Other States have also 
begun to examine and modify their application procedures as 
well.
    On Wednesday, October 1, 2003, the Committee held a hearing 
entitled ``Identification Documents Fraud and the Implications 
for Homeland Security,'' as part of this effort to examine the 
ability of terrorists to obtain counterfeit and legitimate 
State identification cards and drivers' licenses. Testimony on 
these subjects was received from the Honorable C. Stewart 
Verdery, Jr., Assistant Secretary, Border and Transportation 
Security Policy Directorate, Department of Homeland Security; 
Mr. John Pistole, Assistant Director for Counterterrorism, 
Federal Bureau of Investigation; Mr. Paul J. McNulty, United 
States Attorney, Eastern District of Virginia, Department of 
Justice; Mr. Roscoe C. Howard, Jr., U.S. Attorney for the 
District of Columbia, Department of Justice; Mr. Joseph R. 
Carico, Chief Deputy Attorney General, Commonwealth of 
Virginia; Mr. Ronald D. Malfi, Director, Office of Special 
Investigations, Government Accountability Office; and Mr. Keith 
M. Kiser, Chair, American Association of Motor Vehicle 
Administrators. Witnesses discussed the issues and 
vulnerabilities associated with the use of Consular Matricular 
identification cards within the United States, drivers' license 
application process, drivers' license impact on highway safety, 
identity fraud and national security, and the need for a 
comprehensive approach needed to reform the nation's multiple 
drivers' licensing systems.
    Prior to this hearing, Committee staff received briefings 
from the Department of Homeland Security, Department of 
Justice, Government Accountability Office, the American 
Association of Motor Vehicle Administrators, and multiple 
private entities regarding potential technological means to 
improve identification card procedures and security.
    In August 2004, the Government Accountability Office (GAO) 
issued a report regarding the use of Consular Identification 
Cards consistent with the findings of the Committee's October 
2003 hearing. The GAO found that Consular Identification Cards 
are issued by some foreign governments to help identify their 
citizens living in a foreign country, but the cards do not 
certify legal residence within such foreign country. The GAO 
report discussed how such cards can be used as ``breeder 
documents'' to obtain State drivers' licenses, open bank 
accounts, show proof of identity to police, and gain access to 
other services. As highlighted during the hearing, the GAO 
report notes that several Federal agencies continue to hold 
different, and in some cases, conflicting views on the usage 
andacceptance of the cards, and that the executive branch's 
Homeland Security Council had not yet issued any guidance on the use 
and recognition of these cards.
    Similarly, and consistent with the findings of the October 
2003 hearing, the final report of the National Commission on 
Terrorist Attacks Upon the United States (9/11 Commission), 
issued on July 22, 2004, stated that ``today more than 9 
million people are in the United States outside the legal 
immigration system.'' As such, the 9/11 Commission recommended 
that standards be set for the ``issuance of birth certificates 
and sources of identification, such as driver's licenses,'' as 
``all but one of the 9/11 hijackers acquired some form of U.S. 
identification document, some by fraud. Acquisition of these 
forms of identification would have assisted them in boarding 
commercial flights, renting cars, and other necessary 
activities.''
    In response to the efforts by the Committee and others to 
highlight concerns relating to identification document fraud, 
several bills were introduced in the Congress, and the final 
version of S. 2845, the ``Intelligence Reform and Terrorism 
Prevention Act of 2004'' contained provisions to establish 
Federal standards for the issuance of birth certificates and 
other sources of identification, such as drivers' licenses.

                             Visa Issuance

    During the 108th Congress, the Committee performed 
oversight regarding the implementation of Section 428 of the 
Homeland Security Act of 2002 (P.L. 107-296). Section 428 of 
the Act delineated the respective responsibilities of the 
Department of Homeland Security and the Department of State 
with respect to visa issuance. On September 29, 2003, the 
President transmitted in a message to the House of 
Representatives the Memorandum of Understanding (MOU) that was 
reached between the Department of Homeland Security and the 
Department of State outlining how Section 428 will be 
implemented. While Section 428 outlined broad authorities, the 
MOU described more specifically the respective roles and 
responsibilities of the two Departments.
    On October 2, 2003, the Committee was briefed on the MOU by 
representatives from the DHS Border and Transportation Security 
Directorate and the Department of State. In addition, the 
Committee examined the Department of Homeland Security's 
activities under the Visa Security Program, required under 
Section 428, which places Department personnel overseas to 
review visa applications. The Committee reviewed the 
Department's plans to expand this program beyond Saudi Arabia, 
whether the program is cost-effective, and whether the 
authorities given to such overseas personnel are broad enough 
to make the program worthwhile.

                           Aviation Security

    The importance of employing thorough and skilled screeners 
and screening procedures to detect threat objects on 
individuals and in their baggage was highlighted when Nathaniel 
Heatwole of Damascus, Maryland, carried box cutters and other 
paraphernalia such as matches, bleach and modeling clay (to 
simulate explosives) through security and onto six Southwest 
Airlines B-737 jets in 2003. The items were contained in 
Ziploc-type plastic bags and concealed in the aircraft 
lavatory. Two of the packages were discovered weeks after they 
were placed aboard the aircraft by airline technicians called 
to troubleshoot malfunctioning lavatories, despite earlier 
communications by Heatwole to Federal authorities regarding his 
activities. Heatwole indicated that his purpose was to test the 
security screening process at airports.
    On October 30, 2003, the Chairman and Ranking Member of the 
Select Committee on Homeland Security sent a letter to the 
Secretary of the Department of Homeland Security requesting 
information related to the handling of the Heatwole incident. 
The Committee received a written response from the 
Transportation Security Administration (TSA) on November 11, 
2003, along with a report detailing the agency's initial 
findings from its internal investigation. TSA also described 
the necessary policy and operational changes it had made to 
address security gaps highlighted by the Heatwole incident.
    The Committee also examined the threat that Man Portable 
Air Defense Systems (MANPADS) pose to civilian aircraft, and 
the Department of Homeland Security's efforts to mitigate this 
threat. The Select Committee met with representatives of the 
Department of Homeland Security to examine the threats, 
vulnerabilities, and countermeasure research and development 
relating to MANPADS on November 17, 2003. Members were briefed 
by representatives of the Science and Technology Directorate, 
the Information Analysis and Infrastructure Protection 
Directorate, and TSA. The briefing reviewed the worldwide 
availability of MANPADS, the threat they pose to aviation 
security as assessed by the intelligence community, and the 
current status of research and development initiatives to 
develop a countermeasure to these weapons.
    In addition, the Committee reviewed the status of efforts 
to improve the security of air cargo through numerous staff 
briefings with officials from Federal agencies, the airlines, 
and the private sector. Committee Members and Staff monitored 
TSA's development and implementation of its Air Cargo Security 
Plan. Moreover, on March 16, 2004, the Select Committee and the 
Committee on Government Reform sent a joint letter to the 
Government Accountability Office requesting a review of the 
vulnerabilities in commercial aviation. The Committees 
specifically requested a review of actions by TSA, foreign 
governments, the airlines, and the private sector to strengthen 
the security of air cargo.
    Committee Members and staff also toured an air cargo 
facility in Miami, Florida during a February 2004 trip to Miami 
International Airport, and examined efforts by all parties to 
enhance air cargo security. While at the airport, Members also 
were briefed on perimeter security measures, airport access 
controls, the Explosive Detection Systems (EDS) baggage 
screening system, the international passenger transit program, 
and DHS' partnership with cargo shippers to improve safety and 
security.

            The Departments Fiscal Year 2005 Budget Request

    As part of the Committee's development of a comprehensive 
DHS authorization bill, on February 12, 2004, the Committee 
held a hearing entitled ``The Department of Homeland Security's 
Proposed Fiscal Year 2005 Budget.'' Testimony was received from 
the Honorable Tom Ridge, Secretary, Department of Homeland 
Security. This hearing focused on the Department's fiscal year 
2005 budget priorities and authorization needs, and led to a 
series of more detailed hearings at the Subcommittee level on 
the budget requests of each of the major components of the 
Department. This series of hearings formed the basis for the 
Committee's introduction of H.R. 4852, the Department of 
Homeland Security Authorization Act for Fiscal Year 2005 (see 
Legislative Activity section).

                 Management and Integration Challenges

    During the 108th Congress, the Select Committee on Homeland 
Security monitored the management activities and performance of 
the Department of Homeland Security, particularly with respect 
to strategic planning and the integration of legacy information 
technology, financial management, human resources, and 
procurement functions and systems.
    The Committee conducted a series of staff briefings with 
the Department's Chief Information Technology Officer, Chief 
Procurement Officer, Chief Financial Officer, and Chief Human 
Capital Officer to discuss progress in integration of these 
functions across the Department, and concerns about how the 
reporting structures within the Department hampered such 
efforts. For example, many of the legacy procurement offices do 
not report to the Department's Chief Procurement Officer, which 
limits the ability to set uniform procurement policies, to 
ensure coordination, and to achieve maximum efficiency and 
cost-effectiveness.
    The Committee held a hearing on October 8, 2003 to examine 
the Department's financial management practices, strategic 
financial planning efforts, and the applicability of the Chief 
Financial Officers Act to its operations. Testimony was 
received from Dr. Bruce Carnes, Chief Financial Officer, 
Department of Homeland Security; Mr. Richard Berman, Assistant 
Inspector General for Audits, Office of Inspector General, 
Department of Homeland Security; the Honorable Linda Springer, 
Controller, Office of Federal Financial Management, Office of 
Management and Budget; and Ms. Michele Flournoy, Senior 
Adviser, International Security Program, Center for Strategic 
and International Studies. This hearing was held to probe 
issues associated with H.R. 2886, the Department of Homeland 
Security Financial Accountability Act, and to prepare for the 
Committee's subsequent markup of the legislation (see 
Legislative Activities section on H.R. 2886).
    As part of this oversight effort, on Thursday, May 6, 2004, 
the Committee held a hearing entitled ``Progress in Addressing 
Management Challenges at the Department of Homeland Security.'' 
Testimony was received from the Honorable James M. Loy, Deputy 
Secretary, Department of Homeland Security. This hearing 
focused on strategic and operational issues facing DHS, 
including the Department's recently issued Strategic Plan and 
the development of its Future Years Homeland Security Plan. The 
hearing also examined the status of DHS efforts to integrate 
inherited information technology, financial, human resources, 
and procurement programs and systems. Proposals for 
restructuring and realigning the Department's management 
functions to achieve greater efficiency and effectiveness were 
also discussed.
    On May 18, 2004, the Chairman of the Select Committee 
requested that the Government Accountability Office report to 
the Committee on the progress of the Department of Homeland 
Security with respect to management and integration. The Select 
Committee also requested information and recommendations on 
ways to strengthen and streamline the management functions of 
the Department.
    Based on the oversight of the Committee and the subsequent 
report by GAO, the Committee identified several problems with 
the Department's management structure. To resolve some of these 
issues, the Committee developed legislation that would reassign 
management responsibility for the Department from the Under 
Secretary for Management to the Deputy Secretary and make other 
related changes. This legislation became part of the 
comprehensive Department of Homeland Security authorization 
bill, H.R. 4852.

                       SAFETY Act Implementation

    Over the course of the 108th Congress, the Select Committee 
on Homeland Security took a lead role in monitoring the 
implementation of the Support Anti-Terrorism by Fostering 
Effective Technologies Act of 2002 (the SAFETY Act), which was 
incorporated as sections 861-865 of the Homeland Security Act 
of 2002 (P.L. 107-296). The statute was designed to encourage 
the development and deployment of anti-terrorism technologies 
by limiting the potential liability risk to those selling or 
otherwise providing such products or services. In addition to 
creating an exclusive Federal cause of action for claims 
against sellers arising from an act of terrorism, the SAFETY 
Act eliminates liability for punitive damages in such 
instances, limits and apportions recovery of non-economic 
damages in terrorism cases, and matches the sellers' total 
liability following acts of terrorism with the limits of 
insurance coverage required to be maintained as a condition of 
SAFETY Act designation. Certification of anti-terrorism 
technologies under the statute also entitles the qualified 
seller of the new technology to the additional protections of 
the government contractor defense--a rebuttable presumption 
that the product was manufactured according to accepted 
contract specifications.
    On July 11, 2003, the Department of Homeland Security 
issued a proposed rule to implement the SAFETY Act, and the 
Department began accepting applications starting September 1, 
2003. The Committee examined issues relating to the proposed 
rule and concerns raised about the type and amount of 
information the Department was requiring from applicants. The 
Committee also examined the reasons for the low application 
rates and the Department's timeliness in reviewing and 
certifying SAFETY Act technologies. This was carried out by 
Committee staff, along with staff from other relevant House 
committees, meeting with officials from the Department of 
Homeland Security Science and Technology Directorate on a 
number of occasions, including on January 13, 2004, March 26, 
2004, and April 16, 2004, to discuss progress on SAFETY Act 
implementation. Committee staff also conducted a site visit to 
the SAFETY Act offices during this time period.
    On May 11, 2004, the Chairmen of the Committee on the 
Judiciary, the Committee on Government Reform, and the Select 
Committee on Homeland Security sent a joint letter to the 
Secretary of Homeland Security expressing concerns about the 
Department's implementation of the SAFETY Act. The joint letter 
encouraged the Department to develop a process to prioritize 
applications for SAFETY Act designation and certification to 
ensure that critical technologies receive expedited treatment, 
and to defer whenever possible to the judgment of the procuring 
agency on the effectiveness of the technologies under review.
    Consistent with the oversight efforts spearheaded by the 
Select Committee, the SAFETY Act Implementation Office revised 
its application process. The SAFETY Act Implementation Office 
also plans to issue revised regulations that provide for 
collaboration with government procurement offices to better tie 
SAFETY Act designation and certification to the acquisition 
process, and to ensure completion of reviews within the 
acquisition time lines imposed. Additionally, the SAFETY Act 
Implementation Office is performing further outreach to promote 
greater industry awareness and participation.

                          Information Sharing

    During the 108th Congress, the Committee closely examined 
the status of efforts to improve information sharing activities 
within the Federal government in the post-September 11th 
environment, and reviewed various proposals for enhancing such 
activities. As part of this effort, on June 24, 2004, the 
Committee held a hearing entitled ``Information Sharing After 
September 11: Perspectives on the Future.'' Testimony was 
received from the Honorable James Gilmore, Chair, Advisory 
Panel to Assess Domestic Response Capabilities for Terrorism 
Involving Weapons of Mass Destruction, and President, USA 
Secure; the Honorable R. James Woolsey, Former Director of 
Central Intelligence; and Ms. Zoe Baird, President, The Markle 
Foundation. The witnesses described alternative ways to further 
enhance information sharing, and discussed the challenges 
involved in such activities. The Committee held additional 
hearings on this topic as part of its review of the National 
Commission on Terrorist Attacks Upon the United States (9/11 
Commission) report and recommendations (see below).
    In addition, on, March 26, 2004, Committee staff visited 
the Homeland Security Operations Center (HSOC) in Washington, 
D.C., which is operated by the Department of Homeland Security. 
Committee staff were briefed by the Director of the HSOC, who 
discussed the HSOC's daily intelligence and operational 
responsibilities, the HSOC composition, its information sharing 
connectivity, the Homeland Security Information Network (HSIN), 
and information technology systems being developed government-
wide to improve information sharing.

               9/11 Commission Report and Recommendations

    The National Commission on Terrorist Attacks Upon the 
United States (also known as the 9/11 Commission) was an 
independent, bipartisan commission created by congressional 
legislation and chartered to examine the circumstances 
surrounding the September 11, 2001 terrorist attacks. The 
Commission was also required to provide recommendations 
designed to guard against future attacks. On July 22, 2004, the 
Commission released its public report and recommendations after 
holding numerous hearings, meetings, and discussions. On August 
21, 2004, the Commission also released two staff monographs, 
``Terrorist Financing'' and ``9/11 and Terrorist Travel.''
    At the direction of Speaker Hastert, the Select Committee 
and other House committees held a series of hearings in August 
2004 on the Commission's findings and recommendations. The 
Select Committee held four hearings--two full Committee 
hearings and two subcommittee hearings. The first hearing was a 
Full Committee hearing on August 17, 2004, entitled ``9/11 
Commission: Towards a Paradigm for Homeland Security 
Information Sharing.'' Testimony was received from the 
Honorable Thomas H. Kean, Chair, National Commission on 
Terrorist Attacks Upon the United States; the Honorable Lee H. 
Hamilton, Vice Chair, National Commission on Terrorist Attacks 
Upon the United States; the Honorable J. Cofer Black, 
Coordinator, Office of the Coordinator for Counterterrorism, 
Department of State; General Patrick Hughes, Assistant 
Secretary for Information Analysis, Department of Homeland 
Security; Mr. John Brennan, Director, Terrorist Threat 
Integration Center; and Ms. Maureen Baginski, Executive 
Assistant Director for Intelligence, Federal Bureau of 
Investigation.
    On September 14, 2004, the full Committee held a second 
hearing, entitled ``Homeland Security: The 9/11 Commission and 
the Course Ahead.'' Testimony was received from the Honorable 
Tom Ridge, Secretary, Department of Homeland Security. The 
hearing focused on the Department's response to the 
Commission's various recommendations and the relationship 
between the missions and activities of the Department and the 
proposed National Counterterrorism Center called for by the 9/
11 Commission.
    These hearings, as well as the two subcommittee hearings 
described later in this report, contributed to the development 
of legislative proposals by the Committee that were included 
within H.R. 10, the ``9/11 Recommendations Implementation 
Act,'' as well as the final version of this legislation enacted 
into law (S. 2845).

                    Department of Defense Oversight

    As part of the Committee's oversight of Department of 
Defense (DOD) activities relating to homeland security, 
Committee Members and staff visited and received briefings on 
the operations of NORAD/US NORTHCOM (North American Aerospace 
Defense Command/U.S. Northern Command), at their facilities at 
Cheyenne Mountain and Peterson Air Force Base, Colorado, on 
June 20, 2003. On February 28, 2004, Committee Members and 
staff visited the United States Southern Command (SOUTHCOM), 
and received a briefing on the operations of this center. In 
addition, on February 29, 2004, the Committee visited 
Guantanamo Bay, Republic of Cuba. While at Guantanamo Bay, the 
Committee visited Camp Delta, and examined the operations and 
security of the facility. (For additional information on DOD 
matters, see discussion of ``Airspace Security'' oversight.)

               Federal Bureau of Investigation Oversight

    As part of the Committee's oversight of Federal Bureau of 
Investigation (FBI) activities relating to homeland security, 
the Committee received several briefings and visited FBI 
headquarters to learn more about the FBI's counterterrorism 
activities. The Committee also actively oversaw the creation 
and progress of the Terrorist Screening Center, which is 
managed by the FBI (see discussion of Subcommittee on 
Intelligence and Counterterrorism activity).

  Congressional Delegation on Foreign Progress in Combating Terrorism

    From December 9 through December 19, 2003, Chairman Cox led 
a Congressional Delegation (CODEL) to the Kingdom of Spain, the 
Italian Republic, the Syrian Arab Republic, the State of 
Israel, and the Republic of Turkey. The CODEL served to 
exchange views with senior foreign leaders on our progress in 
preventing terrorism, in securing our countries against it, and 
in enhancing our response to any attacks that may occur; and to 
encourage even greater cooperation with our allies in the war 
on terrorism and in promoting homeland security.

      Intelligence and Counterterrorism Within the United Kingdom

    From May 24-28, 2004, Committee staff traveled to London, 
United Kingdom, to discuss counterterrorism and homeland 
security issues. While in London, Committee staff met with 
representatives of the British Security Service (MI-5); 
Ministry of Defence; Metropolitan Police; Home Office Terrorism 
and Protection Unit; Foreign and Commonwealth Office; Her 
Majesty's Customs and Excise Service; and the Cabinet Office 
(the lead government coordination entity). This staff visit 
laid the foundation for a subsequent Member-level delegation in 
August 2004 to the Great Britain, Northern Ireland, and the 
Republic of Ireland to explore how these governments handle 
terrorism and domestic security issues.

Homeland Security and Counterterrorism Within the Republic of Singapore

    From December 6-12, 2004, Committee staff traveled to 
Singapore at the invitation of its government to discuss 
counterterrorism issues and homeland security practices. While 
in Singapore, staff met with senior representatives of 
Singapore's Ministry of Foreign Affairs, Ministry of Home 
Affairs, and Ministry of Defense. In particular, extensive 
briefings were carried out by representatives of Singapore's 
Immigration and Customs Agency, newly merged together as one 
government entity after September 11, 2001, to allow for more 
efficient and effective operations, on port security, and 
immigration and border security procedures. A visit was also 
made to Singapore's Institute of Defence and Strategic Studies 
to more fully understand the past and current terrorist threat 
faced by Southeast Asian nations. Finally, the visit afforded 
Committee staff with the opportunity to meet with U.S. 
representatives from the Department of State and the Department 
of Homeland Security about ongoing homeland security programs 
in Singapore, to include CBP's Container Security Initiative.

                         National Laboratories

    Section 309(g) of the Homeland Security Act of 2002 (P.L. 
107-296) gives the Science and Technology (S&T) Directorate of 
the Department of Homeland Security the authority to leverage 
the resources and assets of the National Laboratories of the 
Department of Energy in carrying out its homeland security 
mission. To assess both the capabilities that the National Labs 
are able to provide to DHS and to ascertain the concerns that 
the National Labs had in fully participating in the new 
Department, Committee staff conducted the oversight visits 
noted below.
     Lawrence Berkeley National Laboratory (September 
18, 2003).
     Pacific Northwest National Laboratory (September 
12, 2003).
     Oak Ridge National Laboratory (September 3, 2003).
     Argonne National Laboratory (September 2, 2003).
     Los Alamos National Laboratory (August 28, 2003).
     Lawrence Livermore National Laboratory (August 26, 
2003).
     Brookhaven National Laboratory (August 21, 2003).
    During these site visits, the Committee reviewed concerns 
of the Labs with respect to the Department's proposed 
utilization of their resources and limitation imposed on their 
ability to contract with the Department. As a result of these 
discussions, and subsequent discussions between the Committee 
and DHS S&T officials, DHS revised its guidance to permit the 
labs the opportunity to be funded as ``intramural'' and 
``extramural'' research programs.

                       U.S./European Cooperation

    As part of the Committee's efforts to review the progress 
in U.S./European cooperation in the War on Terrorism, Committee 
staff traveled in December 2004, to Brussels, within the 
Kingdom of Belgium, to meet with representatives from the 
Department of Homeland Security and the Department of State 
located in Europe, as well as members of the European 
Commission and the European Council. Committee staff were 
briefed by consular officials at the U.S. Embassy in Brussels, 
and observed interviews and Automated Biometric Identification 
System (IDENT) fingerprint capture of visa applicants.
    Staff met with representatives from the Transportation 
Security Administration (TSA) who discussed their role in 
Europe and described how they are currently working with 
European Union (EU) nations to expand security efforts to rail, 
pipeline and energy sources. Staff also met to discuss rail 
security issues with the European Commission Directorate for 
Energy and Transport.
    Staff also traveled to the Port of Antwerp, Belgium, and 
met with the Container Security Initiative Team and Belgian 
cargo inspectors to discuss operations and ideas for improving 
efforts in this area.
    Staff met with officials of the European Commission 
Directorate for Justice and Home Affairs (JHA) to discuss 
Europol/European arrest warrants, law enforcement cooperation, 
and counter-terrorism. Staff also met with the EU Council 
Secretariat to discuss framework legislation that harmonizes 
the laws of 20-plus EU working organizations. Staff discussed 
with these officials the Passenger Name Record (PNR) data 
sharing agreement that had just been negotiated with the U.S. 
and that will allow airlines to legally provide DHS access to 
PNR data originating within the EU. Staff also met with 
Department of Justice, Drug Enforcement Agency, Country 
Attaches, Brussels Country Office, to discuss the issue of the 
exportation and importation of illegal drugs in Belgium.

                   Critical Infrastructure Protection

    The Committee actively examined the Department of Homeland 
Security's efforts to enhance critical infrastructure 
protection activities, with respect to both physical and cyber 
aspects of such infrastructures. As part of this effort, on 
June 21, 2003, Committee Members toured the San Onofre Nuclear 
Power Plant in California, and was briefed on plant security 
and operations. CommitteeMembers also visited, on February 29, 
2004, the HOVANSA oil refinery in Christiansted, St. Croix, U.S. Virgin 
Islands. Members examined the facilities and were briefed on upgraded 
security procedures.
    On May 4, 2004, Committee staff, along with staff from the 
Energy & Commerce Committee, traveled to the Louisiana Offshore 
Oil Platform (LOOP) at the Port of New Orleans. The LOOP 
consists of an offshore deep-water platform and on-shore 
pipeline and storage facilities. The LOOP is the only U.S. 
facility capable of offloading deep draft tankers know as Ultra 
Large Crude Carriers (ULCC) and Very Large Crude Carriers 
(VLCC), and is the single largest entity for off-loading 
foreign oil. Staff participated in an extensive tour of the 
platform and on-shore facilities. Security recommendations from 
the U.S. Coast Guard, the Federal Bureau of Investigation, and 
others were discussed.
    The New Orleans visit also included meetings with the U.S. 
Coast Guard, the U.S. Department of Energy, and DHS' 
Immigration and Customs Enforcement (ICE) and Customs and 
Border Protection (CBP) units. The Coast Guard briefed 
Committee staff on the protection of the Port of New Orleans, 
Louisiana, which included a tour of the Vessel Traffic Center 
and extensive briefings on the security guidelines for marine 
transportation and maritime critical infrastructure and key 
assets, the security and vulnerability of vessels and 
facilities, the Marine Transportation Security Act, and the 
International Port Facility Security (ISPS) Code.
    Committee staff met with the Department of Energy for a 
briefing on the Strategic Petroleum Reserve (SPRO), Gulf Coast 
storage, security and emergency operations, and associated 
preparedness, counterintelligence, and counterterrorism 
activities.
    Also in May 2004, Committee traveled to Houston, Texas to 
meet with the Coast Guard, the Houston Port Authority, and 
representatives of ExxonMobil and Shell Deer Park to discuss 
efforts to secure the critical Houston shipping channel. Coast 
Guard officials briefed Committee staff on their efforts in 
Houston, which included a tour of the Port of Houston and the 
Vessel Traffic Service. The Committee discussed at length with 
the Coast Guard issues relating to heightened alert levels and 
various security operations being conducted. Committee staff 
also met with security officials of ExxonMobil Refinery in 
Baytown, Texas. This included a tour of the plant where staff 
reviewed both chemical and refinery processes and facilities. 
Staff further discussed ExxonMobil's security and terrorism 
preparation. The staff then met with security officials of the 
Shell plant at Deer Park, Texas, which included a tour of the 
chemical and refinery facilities and security operations.
    In December 2004, Committee staff visited the Port 
Authority of New York and New Jersey for three days of 
activities relating to critical infrastructure protection in 
this area. Committee staff reviewed protective measures at 
bridges, tunnels, subways, and other transportation networks 
and Port Authority facilities. Committee staff then conducted 
site security reviews at three high-risk chemical plants in New 
Jersey, over the course of two days.
    For more information relating to the Committee's activities 
in this area, see the Subcommittee on Infrastructure and Border 
Security oversight section.

                      Full Committee Hearings Held

    H.R. 1416, To make technical corrections to the Homeland 
Security Act of 2002; Homeland Security Technical Corrections 
Act of 2003. Hearing held March 28, 2003. PRINTED, Serial No. 
108-2.
    BioShield: Countering the Bioterrorist Threat. Hearing held 
May 15, 2003. PRINTED, Serial No. 108-3.
    How is America Safer? A Progress Report on the Department 
of Homeland Security. Hearing held May 20 and 22, 2003. 
PRINTED, Serial No. 108-6.
    BioShield: Lessons from Current Efforts to Develop Bio-
Warfare Countermeasures. Hearing held June 6, 2003. PRINTED, 
Serial No. 108-9.
    America's Response to Terrorism: How Is the Department of 
Homeland Security Improving Our Capabilities. Hearing held June 
19, 2003. PRINTED, Serial No. 108-11.
    Protecting Our Commerce: Enhancing the Security of 
America's Ports. Hearing held June 21, 2003. PRINTED, Serial 
No. 108-12.
    Assessment of Department of Homeland Security Initiatives 
to Secure America's Borders. Hearing held June 25, 2003. 
PRINTED, Serial No. 108-14.
    First Responders: How States, Localities, and the Federal 
Government Are Working Together to Make America Safer. Hearing 
held July 17, 2003. PRINTED, Serial No. 108-17.
    The Terrorist Threat Integration Center (TTIC) and Its 
Relationship with the Departments of Justice and Homeland 
Security. Joint hearing with the Committee on the Judiciary. 
Hearing held July 22, 2003. PRINTED, Serial No. 108-19 (Printed 
by the Committee on the Judiciary Serial No. 64).
    Perspectives on 9-11: Building Effectively from Hard 
Lessons. Hearing held September 10, 2003. PRINTED, Serial No. 
108-25.
    Identification Documents Fraud and the Implications for 
Homeland Security. Hearing held October 1, 2003. PRINTED, 108-
28.
    H.R. 2886, To amend title 31, United States Code, to 
improve the financial accountability requirements applicable to 
the Department of Homeland Security, and for other purposes. 
Department of Homeland Security Financial Accountability Act. 
Hearing held October 8, 2004. PRINTED, Serial No. 108-29.
    Funding for First Responders: Ensuing That Federal Funds 
are Distributed Intelligently. Hearing held October 21, 2003. 
PRINTED, Serial No. 108-32.
    The Homeland Security Advisory System: Improving 
Preparedness through Effective Warning. Hearing held February 
4, 2004. PRINTED, Serial No. 108-35.
    The Department of Homeland Security's Proposed Fiscal Year 
2005 Budget. Hearing held February 12, 2004. PRINTED, Serial 
No. 108-36.
    Progress in Addressing Management Challenges at the 
Department of Homeland Security. Hearing held May 6, 2004. 
PRINTED, Serial No. 108-48.
    Towards a National Biodefense Strategy. Hearing held June 
3, 2004. PRINTED, Serial No. 108-50).
    Information Sharing After September 11: Perspectives on the 
Future. Hearing held June 24, 2004. PRINTED, Serial No. 108-52.
    Practice Makes Perfect: Strengthening Homeland Security by 
Exercising Terrorism Scenarios. Hearing held July 8, 2004. 
PRINTED, Serial No. 108-53.
    9/11 Commission: Towards a Paradigm for Homeland Security 
Information Sharing. Hearing held August 17, 2004. PRINTED, 
Serial No. 108-55.
    Homeland Security: The 9/11 Commission and the Course 
Ahead. Hearing held September 14, 2004. PRINTED, Serial No. 
108-56.
    Combating Terrorism: The Role of Broadcast Media. Hearing 
held September 15, 2004. PRINTED, Serial No. 108-57.
           Subcommittee on Infrastructure and Border Security

   DAVE CAMP, Michigan, Chairman

LORETTA SANCHEZ, California          KAY GRANGER, Texas, Vice 
EDWARD J. MARKEY, Massachusetts      Chairwoman
NORMAN D. DICKS, Washington          JENNIFER DUNN, Washington
BARNEY FRANK, Massachusetts          DON YOUNG, Alaska
BENJAMIN L. CARDIN, Maryland         DUNCAN HUNTER, California
LOUISE McINTOSH SLAUGHTER, New York  LAMAR SMITH, Texas
PETER A. DeFAZIO, Oregon             LINCOLN DIAZ-BALART, Florida
SHEILA JACKSON-LEE, Texas            ROBERT W. GOODLATTE, Virginia
BILL PASCRELL, Jr., New Jersey       ERNEST ISTOOK, Oklahoma
KENDRICK B. MEEK, Florida            JOHN SHADEGG, Arizona
JIM TURNER, Texas, ex officio        MARK SOUDER, Indiana
                                     JOHN SWEENEY, New York
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: border security including prevention of importation of 
illicit weapons, pathogens, narcotics, and other contraband; illegal 
entry by foreign nationals; land borders, ports, and airspace; 
integration of federal, state, and local immigration law enforcement; 
protection of highways, bridges, waterways, airports and air 
transportation, energy supplies, and other critical infrastructure from 
attack; preservation of critical government, business, and financial 
institutions; relevant oversight.
                              ----------                              

    The Subcommittee on Infrastructure and Border Security held 
a total of 15 oversight hearings during the 108th Congress and 
received testimony from 63 witnesses. These hearings and the 
Subcommittee's oversight in general focused on (1) maximizing 
the Department's border and transportation security 
capabilities and resources by improving the coordination and 
integration of the numerous legacy agencies and functions that 
were transferred into the new Department; and (2) improving the 
public-private partnership to enhance critical infrastructure 
protection efforts. The Subcommittee's oversight has supported 
legislative efforts, as well as administrative actions by DHS, 
to further both of these goals.

       Coordination and Integration of Border Security Functions

    The Homeland Security Act of 2002 (P.L. 107-296) 
transferred several border and transportation security agencies 
to the Department of Homeland Security, consolidating them in 
the Border and Transportation Security Directorate. The Act 
charged this new Directorate with securing the borders, 
territorial waters, terminals, waterways, and air, land and sea 
transportation systems of the United States, and managing the 
nation's ports of entry. Within the Directorate, two new 
bureaus were established by administrative action, further 
realigning border management and security functions: U.S. 
Customs and Border Protection (CBP) merged the Customs 
Service's commercial operations and inspection programs, the 
Immigration and Nationality Service (INS) immigration 
inspection and Border Patrol programs, and the Department of 
Agriculture quarantine and inspection programs; and U.S. 
Immigration and Customs Enforcement (ICE) consolidated legacy 
customs and immigration investigation programs, the Office of 
Air and Marine Operations (this unit was later moved into CBP), 
the INS detention and removal program, the Federal Protective 
Service, and the Federal Air Marshal Service (which was 
transferred from TSA).
    During the 108th Congress, the Subcommittee conducted 
oversight of the transfer and consolidation of these legacy 
agencies into the Department, with special focus on ensuring 
that trade and travel continued without major delays and that 
security functions were not hampered during the transition. The 
Subcommittee also reviewed the Department of Homeland 
Security's Strategic Plan, which was released on February 24, 
2004, and identifies broad objectives to guide the Border and 
Transportation Security (BTS) Directorate's organizational and 
operational progress in the coming years. In particular, the 
Subcommittee focused on the strategic integration of the 
various BTS agencies and functions, such as integrating border 
surveillance and interdiction among ICE and CBP, and with the 
Coast Guard; coordinating port security efforts among CBP, ICE, 
TSA, and the Coast Guard; developing a consolidated BTS 
acquisition program; and integrating data collection, access, 
and sharing by the BTS line agencies (as well as the U.S. 
Citizen and Immigration Services and other Departmental 
components).
    As part of this oversight effort, on October 16, 2003, the 
Subcommittee on Infrastructure and Border Security held a 
hearing entitled ``Plugging the Gaps in Border Security: the 
One Face at the Border Initiative.'' The hearing explored the 
impact of border security integration and, specifically, the 
Department's new ``One Face at the Border'' initiative. The 
hearing examined the potential impact of this initiative with 
respect to both border security and improving the flow of trade 
and commerce across U.S. borders. Testimony was received from: 
the Honorable Robert Bonner, Commissioner, U.S. Customs and 
Border Protection, Department of Homeland Security; Mr. Tom 
Keefe, President, National Treasury Employees Union, Local 137; 
Mr. Tom Kuhn, President, American Federation of Government 
Employees Union, Local 2580; and Mr. Bill Pauli, President, 
California Farm Bureau Federation.
    In addition, on June 15, 2004, the Subcommittee on 
Infrastructure and Border Security held a hearing entitled 
``Protecting the Homeland: Building a Layered and Coordinated 
Approach to Border Security.'' Testimony was received from: Mr. 
Victor X. Cerda, Acting Director of Detention and Removal 
Operations, U.S. Immigration and Customs Enforcement, 
Department of Homeland Security; Chief David Aguilar, Tucson 
Sector Border Patrol Chief, U.S. Customs and Border Protection, 
Department of Homeland Security; Dr. James Carafano, Senior 
Research Fellow, Defense and Homeland Security, the Heritage 
Foundation; Mr. Randel K. Johnson, the United States Chamber of 
Commerce and Americans for Better Borders; Mr. T.J. Bonner, 
President, National Border Control Council; and Mr. Sergio 
Ugazaio, Secretary, Local 1944 National INC Council, American 
Federation of Government Employees. The hearing examined the 
level of cooperation within the Department of Homeland Security 
in preventing terrorists and others from entering the United 
States illegally. The hearing emphasized, in particular, 
information-sharing capabilities and the use of technology to 
enhance border management and security.

                        Northern Border Security

    The Subcommittee closely reviewed efforts to improve 
security on the Northern border of the United States, while 
also facilitating commerce and ease of travel between the U.S. 
and Canada. The Subcommittee examined the implementation of the 
December 12, 2001 U.S.-Canada Joint Declaration on a Smart 
Border, a 30-point action plan aimed at strengthening security 
and making the transit of goods and people more efficient and 
less time consuming. The Subcommittee also was particularly 
interested in efforts to prevent or detect the smuggling of 
high-potency marijuana and methamphetamine precursor chemicals 
from Canada, particularly since such smugglers have been linked 
to Middle Eastern groups that may have ties to terrorist 
organizations. In addition, the potential for terrorists to 
unlawfully enter the U.S. across the Northern border was of 
particular concern. The Subcommittee reviewed Federal efforts 
to respond to these vulnerabilities, which included doubling 
the number of Border Patrol agents in the Buffalo, New York, 
sector, adding Customs and immigration inspectors at the local 
ports of entry, expanding Coast Guard patrols of sensitive 
maritime areas, adding new surveillance equipment, and 
tightening border crossing regulations. The Subcommittee also 
reviewed how the increased security at the legal ports of entry 
could slow commerce and negatively impact both the regional and 
the national economy.
    As part of this effort, on May 19, 2003, the Subcommittee 
on Infrastructure and Border Security held a joint field 
hearing with the Committee on Government Reform Subcommittee on 
Criminal Justice, Drug Policy and Human Resources, entitled, 
``Northern Border Security.'' This hearing provided an 
opportunity for regional representatives from the principal 
agencies entrusted with the security of the Northern border, 
Members of the Canadian Parliament, and concerned citizens to 
discuss these issues and suggest solutions. This hearing 
focused particular attention on theeffectiveness and 
coordination of the Federal law enforcement agencies entrusted with 
protecting and administering our Nation's border crossings, coastlines, 
and ports of entry. Testimony was received from: Mr. Michael P. 
D'Ambrosio, Interim Director, Field Operations, Buffalo Field Office, 
Bureau of Customs and Border Protection; CDR Paul M. Gugg, Commanding 
Officer, Marine Safety Office, Buffalo, New York, U.S. Coast Guard; Mr. 
Peter R. Moran, Chief Patrol Agent, Buffalo Sector, U.S. Border Patrol, 
Bureau of Customs and Border Protection; Mr. William J. Walker, 
Associate Special Agent in Charge, New York Field Division, Drug 
Enforcement Administration; Mr. Derek Lee, Member of Parliament, House 
of Commons (Canada); Mr. John Maloney, Member of Parliament, House of 
Commons (Canada); the Honorable Thomas A. Beilein, Sheriff, Niagara 
County Sheriff's Department; Mr. Russell J. Deveso, Chairman, New York 
State Motor Trucking Association; Mr. Kevin Feely, President, Chapter 
154, National Treasury Employees Union; Ms. Dawn Hamilton, Director of 
Strategic Planning, WNED; Mr. Stephen F. Mayer, General Manager-
Operations, Buffalo and Fort Erie Public Bridge Authority; and Dr. 
Andrew Rudnick, President, Buffalo Niagara Partnership.
    In addition, on July 28, 2003, Members of the Subcommittee 
on Infrastructure and Border Security conducted a site visit to 
Detroit, Michigan, where they were briefed by U.S. Customs and 
Border Protection (CBP) officials on the 30-Point Smart Border 
Action Plan, and toured key border crossings such as the 
Ambassador Bridge and Detroit/Windsor tunnel.
    The Subcommittee's oversight on this topic supported the 
development of two legislative provisions seeking to expedite 
security inspections for low-risk travelers and merchandise, 
which were incorporated into H.R. 4852, a bill to authorize 
appropriations for the Department of Homeland Security for 
Fiscal Year 2005. The provisions sought to expand and provide 
incentives for participation in expedited inspection programs, 
such as Free and Secure Trade (FAST), Customs-Trade Partnership 
Against Terrorism (C-TPAT), NEXUS, and Secure Electronic 
Network for Travelers Rapid Inspection (SENTRI), which 
facilitate legitimate trade and commerce while permitting 
heightened focus on higher-risk cross-border activity.

                    Balancing Security and Commerce

    In addition to the other activity described in this 
section, the Subcommittee held two hearings that focused 
specifically on the issue of balancing security and commerce, a 
mission expressly given to the new Department of Homeland 
Security under the Homeland Security Act of 2002 (P.L. 107-
296). On June 16, 2003, the Subcommittee on Infrastructure and 
Border Security held a hearing entitled ``Balancing Security 
and Commerce.'' Testimony was received from: the Honorable 
Robert Bonner, Commissioner, U.S. Customs and Border Protection 
(CBP), U.S. Department of Homeland Security; and Mr. Richard M. 
Stana, Director, Homeland Security and Justice, Government 
Accountability Office. This hearing focused primarily on how 
the creation of CBP has impacted security programs and the flow 
of commerce.
    Moreover, on July 23, 2003, the Subcommittee on 
Infrastructure and Border Security held a hearing entitled 
``Best Business Practices in Securing America's Borders.'' 
Testimony was received from: Mr. Richard Stephens, Vice 
President and General Manager, Homeland Security and Services, 
the Boeing Company; Captain Houssam Salloum, President and 
Chief Executive Officer, Axiolog; Dr. Scott W. Gould, President 
and CEO, the O'Gara Company; and Mr. Jeffrey Katz, Vice 
President, Marketing, ATMEL. This hearing focused on the 
private sector's perspective on balancing security and ensuring 
the free flow of commerce. The hearing also examined the impact 
of cross-border agreements, such as the Smart Border Plan 
between the U.S. and Canada, on legitimate trade and commerce.
    In addition to these hearings, the Subcommittee also 
reviewed DHS efforts to implement the Trade Act of 2002 (P.L. 
107-210), with respect to advance reporting of cargo manifests 
for all modes of transportation entering the United States. As 
part of this effort, on August 19, 2003, the Chairman of the 
Subcommittee on Infrastructure and Border Security sent a 
letter to the Secretary of the Department of Homeland Security 
regarding the Department's proposed plans in this area and 
their potential impact on legitimate trade and commerce.

                          The US-VISIT Program

    The Subcommittee conducted extensive oversight of the US-
VISIT Program (United States Visitor and Immigrant Status 
Indicator Technology Program) during the 108th Congress. The 
Subcommittee received at least eight briefings by Department of 
Homeland Security officials on all aspects of the program, and 
conducted site visits to review the program's implementation at 
the Baltimore-Washington International Airport, Baltimore, 
Maryland; the Dulles International Airport, Dulles, Virginia; 
and the Hartsfield International Airport, Atlanta, Georgia. 
Members of the Subcommittee also reviewed its implementation 
during a site visit in late February 2004, to the Miami 
International Airport, Miami, Florida. The Subcommittee also 
focused on the expected deployment of the system to large-
volume land border crossings by the end of 2004, and the 
potential impact of such deployment on legitimate trade and 
commerce.
    As part of this oversight effort, the Subcommittee held a 
hearing on January 28, 2004, entitled ``Integrity and Security 
at the Border: The US-VISIT Program.'' Testimony at the hearing 
was received from: the Honorable Asa Hutchinson, Undersecretary 
for Border and Transportation Security, Department of Homeland 
Security; the Honorable Maura Harty, Assistant Secretary, 
Bureau of Consular Affairs, Department of State; Mr. James May, 
President & CEO, Air Transport Association; Mr. Dennis Carlton, 
Director of Washington Operations, International Biometric 
Group; and Ms. Kathleen Campbell Walker, testifying on behalf 
of the American Immigration Lawyers Association and Foreign 
Trade Association, Inc.
    The hearing explored the implementation of the US-VISIT 
program and complementary border security initiatives. In 
particular, the hearing examined the following issues: the 
progress of the US-VISIT program and future implementation 
deadlines, particularly for land border crossings; the State 
Department's role in visa applications, equipping consular 
offices with machines to capture biometrics, and the status of 
efforts by foreign countries to enhance passport biometrics; 
the integration, security, and reliability of criminal, 
immigration, and terrorist databases used by the US-VISIT 
program; the uses and challenges of various biometric 
technologies; and the potential impacts of the US-VISIT program 
on border security, commerce and travel, and personal privacy.
    The Subcommittee also examined several other issues 
relating to the US-VISIT program during the 108th Congress, 
including the Department's decision to initially exempt from 
the US-VISIT system visitors to the United States from Visa 
Waiver Program countries, and its subsequent decision to enroll 
such visitors into the system starting in September 2004. In 
addition, the Subcommittee reviewed concerns about the database 
that will be created from the capture of biometric and 
biographic data from foreign nationals, including concerns such 
as how the data will be secured, how long it will be stored, 
and what agencies will have access to the information.
    As part of the Subcommittee's continuing oversight efforts 
in this area, the Chairman and Ranking Member of the Full 
Committee sent a letter dated September 17, 2004, to the 
Comptroller General of the United States requesting that the 
Government Accountability Office update its review of the US-
VISIT program, to include an overall assessment of program 
management and contractor responsibilities, implementation at 
ports of entry, program metrics, technology used in building 
and employing the system, and the primary risks facing the 
program and the Department of Homeland Security's efforts to 
mitigate them.

                   Radiological and Nuclear Detection

    On September 25, 2003, the Subcommittee on Infrastructure 
and Border Security received a joint briefing with the 
Subcommittee on Cybersecurity, Science, and Research & 
Development and the Subcommittee on Emergency Preparedness and 
Response on ``Radiological and Nuclear Detection: Is Science 
Saving the Day?'' Representatives from the Department of 
Homeland Security, the Department of Energy's National 
Laboratories, and the Port Authority of New York and New Jersey 
briefed Members and staff on technological advancements and 
application in detection of radiological and nuclear 
components. The briefing was presented by Dr. Maureen McCarthy, 
Director, Office of Research and Development, Science and 
Technology Directorate, Department of Homeland Security; Mr. 
Ray Vitkus, Group Leader of Nonproliferation and International 
Technology Group, Los Alamos National Laboratory; Dr. Page 
Stoutland, Program Leader, Radiological and Nuclear 
Countermeasures,Lawrence Livermore National Laboratory; and Mr. 
Brian Lacey, Office of Operations and Emergency Management, the Port 
Authority of New York and New Jersey.

                          Budgetary Oversight

    As part of the Subcommittee's oversight of the proposed 
budgets and plans for the Department of Homeland Security, the 
Subcommittee held a hearing on March 4, 2004, with the 
Subcommittee on Intelligence and Counterterrorism, entitled 
``The Department of Homeland Security's Information Analysis 
and Infrastructure Protection Budget Proposal for Fiscal Year 
2005.'' Testimony was received from the Honorable Frank 
Libutti, Under Secretary for Information Analysis and 
Infrastructure Protection, Department of Homeland Security. The 
hearing reviewed the President's proposed Fiscal Year 2005 
budget plans and authorization needs for the Information 
Analysis and Infrastructure Protection Directorate (IAIP), to 
ensure that the Department is making optimal progress in 
fulfilling its infrastructure protection responsibilities under 
the Homeland Security Act of 2002 (P.L. 107-296).
    The Subcommittee also performed oversight of the Border and 
Transportation Security Directorate's proposed Fiscal Year 2005 
budget through a series of briefings on the budget request with 
each component and agency of the Directorate. The Subcommittee 
then held a March 17, 2004 hearing entitled ``The Department of 
Homeland Security's Border and Transportation Security (BTS) 
Budget Proposal for Fiscal Year 2005.'' The Subcommittee 
received testimony from the Honorable Asa Hutchinson, Under 
Secretary for Border and Transportation Secretary, Department 
of Homeland Security.
    In addition to these hearings, the Subcommittee also 
reviewed budgetary issues relating the transfer of legacy 
border agencies into the Department of Homeland Security, which 
required consolidating their budgets and reallocating resources 
within the new organizational structure. In particular, 
Committee staff received several briefings regarding budgetary 
issues involving the transfer of resources to the U.S. 
Immigration and Customs Enforcement (ICE) from U.S. Customs and 
Border Protection (CBP). The briefings reviewed how the legacy 
budgets were divided among the new agencies, how reimbursements 
agreements were established for shared services, and how 
complications with these efforts led to financial management 
problems for ICE.

                       Maritime and Port Security

    As part of the Committee's oversight efforts in this area, 
the Subcommittee closely examined the coordination and 
integration of the Department's maritime and port security 
activities through a series of staff-level briefings and one 
hearing. On May 5, 2004, the Subcommittee on Infrastructure and 
Border Security held a hearing entitled ``Maritime Security 
Operations within the Department of Homeland Security.'' 
Testimony was received from: Rear Admiral David S. Belz, 
Assistant Commandant for Operations, U.S. Coast Guard, 
Department of Homeland Security; Mr. Charles E. Stallworth, II, 
Director of the Office of Air and Marine Operations, Bureau of 
Immigrations and Customs Enforcement (ICE), Department of 
Homeland Security; Mr. Jayson P. Ahern, Assistant Commissioner, 
Office of Field Operations, Bureau of Customs and Border 
Protection (CBP), Department of Homeland Security; and Mr. Tom 
Blank, Assistant Administrator for Policy, Transportation 
Security Administration (TSA), Department of Homeland Security.
    The hearing examined maritime security operations within 
the Department of Homeland Security, the Department's progress 
in developing a layered maritime security strategy, and how 
Department agencies, including the Coast Guard, CBP, ICE, and 
TSA, are coordinating and taking steps to integrate their 
maritime and port security activities. In particular, the 
Subcommittee highlighted areas where improved coordination and 
integration could be beneficial, such as intelligence, 
targeting, surveillance, asset acquisition and maintenance, 
training, and interoperability.
    The Subcommittee's oversight in this area supported efforts 
by the Full Committee to develop legislative proposals to 
improve the integration and coordination of maritime and other 
border security assets within the Department, and the sharing 
of intelligence, law enforcement, and other homeland security 
information between and among Departmental units. On July 19, 
2004, the Chairman of the Select Committee introduced H.R. 
4852, the Department of Homeland Security Authorization Act for 
Fiscal Year 2005. Section 601 of H.R. 4852 was crafted to 
address the need to improve integration of maritime security 
activities in the Department, and called for the Department to 
develop and implement a plan to coordinate the deployment of 
the maritime and airborne assets of the Directorate of Border 
and Transportation Security, coordinate the fleet modernization 
and maintenance plans for such assets, develop interoperable 
communication systems among all Department maritime and 
airborne assets, and enhance the sharing of information 
relating to vessels, crew, passengers, cargo, and cargo 
shippers among the appropriate elements of the Department. This 
section also required the Department to explore enhanced 
coordination between the maritime and airborne assets within 
the Border and Transportation Security Directorate and those of 
the U.S. Coast Guard. A modified version of this provision was 
passed by the House as part of H.R. 10, the ``9/11 
Recommendations Implementation Act,'' but was subsequently 
removed during House-Senate Conference negotiations.
    Consistent with the Subcommittee's oversight efforts, an 
announcement by the Under Secretary for Border and 
Transportation Security on October 31, 2004, that the Office of 
Air and Marine Operations (AMO) had been transferred from 
Immigration and Customs Enforcement to Customs and Border 
Protection, in an effort to better integrate air and marine law 
enforcement personnel, missions, facilities, and assets, 
including acquisition and recapitalization projects. In 
addition, the Department is in the process of completing new 
memorandums of understanding between different legacy agencies 
to further streamline and coordinate efforts and to properly 
reflect the Department's structure and new missions.

                    Immigration Enforcement Efforts

    During the 108th Congress, the Subcommittee examined 
several issues relating to the immigration enforcement efforts 
of the Department of Homeland Security. The Subcommittee 
examined whether the Benefits Fraud Unit within the U.S. 
Citizenship and Immigration Services unit is being fully 
utilized to help fulfill the Department's homeland security 
mission. The Subcommittee reviewed efforts to improve 
coordination with Federal, State and local governments, and 
conducted oversight of ``Operation Predator''--an initiative 
coordinated by the Department's Immigration and Custom 
Enforcement (ICE) bureau and designed to protect young people 
from alien smugglers, human traffickers, child pornographers, 
and other predatory criminals.
    The Subcommittee also focused its oversight on the 
operations of ICE's Law Enforcement Support Center (LESC). On 
May 7, 2004, Committee staff conducted a site visit to the LESC 
located in South Burlington, Vermont. The LESC serves as a 
national law enforcement operations center by providing timely 
immigration status and identity information to Federal, State, 
and local law enforcement agencies on aliens suspected, 
arrested, or convicted of criminal activity, utilizing eight 
different databases. Committee staff viewed a demonstration of 
how the Immigration Alien Queries or IAQs are received and 
handled by the LESC from Federal, State and local law 
enforcement officers in the field, typically during a traffic 
stop. Moreover, staff examined the access to and use of the 
LESC databases by other elements of the Department of Homeland 
Security, and the coordination of such information within the 
Department.
    The Subcommittee also reviewed the U.S. Customs and Border 
Protection's Immigration Advisory Program (IAP) (previously 
known as the Immigration Security Initiative). Under this 
program, the Department of Homeland Security (DHS) has deployed 
employees to airports in Amsterdam, Netherlands, and Warsaw, 
Poland. The primary focus of IAP is to review admissibility of 
passengers to the United States, identify those that will be 
denied entry, identify those individuals that may pose a risk, 
and provide recommendations to the airline carrier to prevent 
ineligible passengers from boarding planes bound for the United 
States. The Subcommittee examined the benefits of this program 
in terms of airline and border security, as well as with 
respect to its financial cost savings.
    In addition, staff conducted oversight relating to the lack 
of sufficient detention space for illegal aliens awaiting 
hearings, deportation, or other administrative processes, 
particularly Other Than Mexicans (OTMs) captured attempting to 
cross the U.S. Southern border. The lack of detention space 
forced ICE to release these aliens into the U.S. while they 
awaited further proceedings, most of whom would not return. 
Based on this oversight, the Subcommittee and Full Committee 
worked with other relevant House Committees to enact into law--
as part of S. 2845, the ``Intelligence Reform andTerrorism 
Prevention Act of 2004''--a provision that would significantly increase 
the authorized levels of detention space.

                 Transportation Security Administration

    During the 108th Congress, the Subcommittee evaluated 
several management issues relating to the Transportation 
Security Administration's operations and activities. On May 12, 
2004, the Subcommittee on Infrastructure and Border Security 
held a hearing entitled ``The Transportation Security 
Administration's Progress in Enhancing Homeland Security.'' 
Testimony was received from Mr. Stephen J. McHale, Deputy 
Administrator, Transportation Security Administration (TSA), 
Department of Homeland Security.
    The hearing examined whether the Transportation Security 
Administration (TSA) approach to aviation security, which is a 
Federalized, regulatory model, was achieving the desired 
results, and whether such an approach makes sense for other 
modes of transportation, such as rail and mass transit. The 
hearing also reviewed TSA's generic transportation security 
authorities beyond aviation security, and whether there is a 
need for additional clarity of TSA's mission within DHS, within 
the broader Federal government, and for State, local, and 
private sector partners. As part of this examination, the 
Subcommittee also focused upon the future organizational 
structure and mission of the agency to assess whether TSA 
should continue to operate as a distinct entity within the 
Department of Homeland Security.
    In addition to this hearing, the Subcommittee examined 
several reports and/or received briefings from the Department's 
Inspector General, the Government Accountability Office, and 
the consulting firm Bearing Point (under contract to TSA) that 
identified a number of significant challenges facing TSA's 
screener program. Such challenges include ongoing screener 
performance and training problems, and TSA's management of the 
private screener pilot programs mandated by Federal law. 
Section 108 of the Aviation and Transportation Security Act of 
2001 (P.L. 107-71) provides that airports may apply to opt-out 
of the Federal screener program, and instead hire private firms 
to carry out passenger and baggage screening beginning in 
November 2004. The Subcommittee examined whether TSA may be 
unduly restricting the ability of the private contractors 
running these pilot programs to implement innovative methods 
and solutions for screening of passengers and baggage. The 
Subcommittee also reviewed TSA's plans to deal with both the 
reported problems and the development of an airport ``opt-out'' 
system that maintained adequate levels of security.

                           Air Cargo Security

    During the 108th Congress, the Subcommittee actively 
reviewed efforts by Transportation Security Administration 
(TSA) to meet the Aviation and Transportation Security Act of 
2001 (P.L. 107-71) (ATSA) mandate of instituting security 
measures for transporting air cargo. In December 2003 and 
January 2004, and periodically thereafter, Committee staff held 
meetings with representatives from TSA's Office of 
Transportation Security Policy Office to review the air cargo 
security program under development. In addition, Committee 
staff visited John F. Kennedy International Airport, in 
Jamaica, New York, on April 23, 2004, to assess the 
effectiveness of air cargo screening operations, including the 
technology being utilized for screening air cargo.
    Through its oversight, the Subcommittee sought to assess 
whether TSA's emphasis on risk-based assessments through 
development of a targeting system, expansion of the Known 
Shipper Program, and inspection of 100 percent of high-risk 
cargo, among other TSA initiatives, was adequate to reduce the 
danger posed by the carrying of air cargo on passenger flights. 
In addition, the Subcommittee examined other security measures 
that TSA was undertaking to secure all-cargo aircraft 
operations. These measures focused on securing the aircraft 
from unauthorized access to prevent the use of the plane as a 
weapon, which is the primary threat in this environment.
    As part of this oversight effort, on March 16, 2004, 
Members of the Select Committee and the Committee on Government 
Reform sent a joint letter to the Government Accountability 
Office requesting a review of the vulnerabilities in commercial 
aviation. The Committees specifically requested a review of 
methods for strengthening air cargo security; the capabilities 
of existing technology for air cargo screening; foreign 
government actions on air cargo security; and the efforts of 
TSA, other Department of Homeland Security components, and the 
private sector in enhancing air cargo security.

                    Passenger and Baggage Screening

    The Subcommittee emphasized oversight on the passenger and 
baggage screening operations at commercial airports during the 
108th Congress, to ensure that the Transportation Security 
Administration (TSA) fully carries out these important aviation 
security mandates of the Aviation and Transportation Security 
Act (P.L. 107-71). This Act charged TSA with screening 
commercial airline passengers and their baggage to detect 
dangerous items and prevent such items from being smuggled on 
board aircraft. Passenger and baggage screening involve the use 
of human screeners and technology to examine airline passengers 
and their baggage for threat items, as well as the use of 
intelligence to assess the risk that travelers may pose to 
aviation security. Screening of airline passengers and their 
baggage are conducted for both domestic and international air 
travelers, the latter of which requires cooperation among 
various Department of Homeland Security components, the Justice 
and State Departments, air carriers, and foreign governments. 
The Subcommittee examined the level of coordination between and 
among these entities, particularly with respect to intelligence 
and information sharing, and screening systems and databases.
    The Subcommittee also examined the adequacy of screening 
procedures and the technology employed by TSA for passenger and 
baggage screening, as well as screener performance and other 
related issues. As part of this effort, Committee staff visited 
John F. Kennedy International Airport, in Jamaica, New York, on 
April 23, 2004, to observe passenger and baggage screening 
operations. Committee staff also traveled to Australia from 
August 20 through 28, 2004, to gain insight into that country's 
border and transportation systems. While in Australia, 
Committee staff met with representatives from the Australian 
Department of Immigration and Multicultural and Indigenous 
Affairs to examine that country's advance passenger pre-
screening system, which is integrated with its border security 
agencies. Meetings were also held with representatives of the 
Foreign Ministry, Transportation (airline) Ministry, and New 
South Wales Police Department to discuss counterterrorism 
issues.
    In addition, the Subcommittee examined research and 
development activities relating to next-generation airline 
screening technologies that could improve passenger and baggage 
screening. Committee staff visited the Department of Homeland 
Security's Transportation Security Lab (TSL) located at the 
Atlantic City International Airport on September 2, 2004, and 
were briefed on TSA's progress in developing explosives 
detection technology for passenger and baggage screening. Staff 
also reviewed other transportation security technologies under 
development at the TSL. On September 22, 2004, TSA announced 
new ``pat-down'' screening procedures for all airline 
passengers undergoing secondary inspection. In response to 
traveler complaints about the intrusive nature of these 
searches, the Subcommittee Chairman sent a letter to the 
Secretary of the Department of Homeland Security on December 1, 
2004, requesting a review of the new screening procedures. 
Consistent with this action, TSA announced revisions to the 
procedures that partially addressed these concerns.

                      Federal Air Marshal Service

    The Department of Homeland Security employs a layered 
system for ensuring aviation security, an important component 
of which is the Federal Air Marshal Service (FAMS). FAMS 
deploys thousands of officers on domestic and international 
flights annually to prevent hijackings and terrorist incidents 
and to protect passengers and flight crews should hijackings or 
terrorist incidents occur. During the 108th Congress, the 
Subcommittee actively reviewed issues relating to FAMS and the 
use of other Federal law enforcement officials traveling on 
commercial airline flights to supplement FAMs. The Subcommittee 
also examined issues relating to FAMS training, requirements on 
foreign carriers to employ FAMS on flights entering the U.S. 
upon request, and the development of a law enforcement 
credentialing and tracking system for armed personnel boarding 
flights.
    As part of this oversight, Committee staff visited the 
FAMS' Mission Operations Center in Herndon, Virginia, as well 
as the Transportation Security Administration's (TSA) 
TransportationSecurity Operations Center, on May 7, 2004. Staff 
were briefed by FAMS and TSA personnel, toured both facilities, and 
observed TSA and FAMS operational planning and technology. In addition, 
on September 2, 2004, Committee staff visited the FAMS Training Center 
in Atlantic City, New Jersey. Staff toured the facilities and 
participated in demonstrations to gain an understanding of FAMS 
training. Committee staff also met with the Department of Homeland 
Security's Office of Inspector General (OIG) on September 8, 2004, to 
examine the findings of an evaluation of FAMS conducted by the OIG.

                           Drugs and Security

    During the 108th Congress, the Subcommittee examined the 
coordination of the counternarcotics mission within the 
Department of Homeland Security, and its integration with the 
other homeland security missions of the Department. As part of 
this effort, on July 22, 2004, the Subcommittee on 
Infrastructure and Border Security and the Subcommittee on 
Criminal Justice, Drug Policy and Human Resources of the 
Committee on Government Reform, held a joint hearing entitled 
``Drugs and Security in a Post-9/11 World: Coordinating the 
Counternarcotics Mission at the Department of Homeland 
Security.'' Testimony was received from the Honorable Robert 
Bonner, Commissioner, U.S. Customs and Border Protection (CBP), 
Department of Homeland Security; ADM Thomas H. Collins, 
Commandant, U.S. Coast Guard, Department of Homeland Security; 
the Honorable Michael J. Garcia, Assistant Secretary, U.S. 
Immigration and Customs Enforcement (ICE), Department of 
Homeland Security; and Mr. Roger Mackin, Counternarcotics 
Officer, Department of Homeland Security.
    The hearing examined how well various Department of 
Homeland Security agencies are performing their 
counternarcotics mission. The Homeland Security Act of 2002 
merged several agencies with counternarcotics missions into the 
Department of Homeland Security: the U.S. Border Patrol, U.S. 
Customs, and the U.S. Coast Guard. The Subcommittee examined 
the link between illegal narcotics smuggling and other homeland 
security threats, and focused on the need to maintain the 
performance of this traditional mission while enhancing our 
efforts to prevent terrorism. The hearing also highlighted some 
key areas where improved coordination and mission integration 
among Department agencies would benefit both missions, 
particularly with respect to the surveillance and interdiction 
functions of ICE, CBP, and the U.S. Coast Guard.
    As part of H.R. 10, the ``9/11 Recommendations 
Implementation Act,'' the Committe majority staff worked 
closely with the staff of the Criminal Justice, Drug Policy and 
Human Resources Subcommittee of the Committee on Government 
Reform to craft sections 5025 (Responsibilities of the 
Counternarcotics Office) and section 5026 (Use of 
Counternarcotics Enforcement Activities in Certain Employee 
Performance Appraisals). These sections were designed to 
address the need to improve coordination and focus on the 
counternarcotics mission within DHS, a problem highlighted by 
the joint Subcommittee hearing on July 22, 2004. Section 5025 
gives more power to the Counternarcotics Officer by elevating 
it to a Presidentially appointed position, assigning budget 
review authority, and by delineating specific responsibilities. 
Section 5026 calls for the inclusion of counternarcotics 
accomplishments in certain employee evaluations. This section 
was intended to improve accountability among DHS agents 
involved in counternarcotics enforcement. H.R. 10 passed the 
House on October 8, 2004, and the provisions were included in 
S. 2845, as passed by the House and agreed to by the House-
Senate Conferees.

                            Terrorist Travel

    As part of the Committee's oversight of the National 
Commission on Terrorist Attacks Upon the United States (9/11 
Commission) report and recommendations, the Subcommittee 
closely reviewed the efforts of the Department of Homeland 
Security and other relevant Federal entities to combat 
terrorist travel. Committee staff conducted numerous site 
visits to and received briefings from the relevant agencies 
during August and September 2004. Staff visited the DHS 
Forensic Document Lab (FDL), and the United States Secret 
Service Forensic Lab to examine their capabilities with respect 
to analyzing travel documents and the level of coordination and 
information sharing between these labs and other DHS 
operational elements. Further, staff met with representatives 
from the Office of Fraud Detection and National Security (FDNS) 
within the U.S. Citizenship and Immigration Services division 
of the Department of Homeland Security; the U.S. Customs and 
Border Protection (CBP) Office of Intelligence; the 
Transportation Security Administration (TSA) Office of 
Intelligence; the United States Coast Guard (USCG) Office of 
Intelligence; the Department of Homeland Security's Office of 
Information Analysis (IA); the Department of State's Bureaus of 
Consular Affairs and Diplomatic Security; and the joint 
Department of State, Department of Justice, and Department of 
Homeland Security Human Smuggling and Trafficking Center 
(HSTC). These briefings focused on the sharing, access, use, 
and coordination of intelligence and operational information 
relating to terrorist travel and the use of fraudulent travel 
documents.
    As part of this oversight, and the findings of the 9/11 
Commission on this subject, the Subcommittee on Infrastructure 
and Border Security and the Subcommittee on Intelligence and 
Counterterrorism held a joint hearing on September 30, 2004, 
entitled ``Disrupting Terrorist Travel: Safeguarding America's 
Borders Through Information Sharing.'' Testimony was received 
from Lt. General Patrick Hughes (Ret.), Assistant Secretary, 
Information Analysis, Department of Homeland Security; the 
Honorable C. Stewart Verdery, Jr., Assistant Secretary, Border 
and Transportation Security Policy and Planning, Department of 
Homeland Security; and Dr. Lawrence M. Wein, Professor, 
Graduate School of Business Stanford University. This hearing 
examined the need for the Department of Homeland Security to 
continue to develop and expand its ability to analyze terrorist 
techniques, patterns, indicators, and trends, and to share such 
information in a timely manner with front-line Department 
personnel in order to identify, intercept, and disrupt 
terrorists from traveling into and within the United States. 
The hearing also provided the Department with an opportunity to 
demonstrate how it plans to implement some of the 9/11 
Commission recommendations.
    As a result of this oversight effort, Committee staff 
worked to develop terrorist travel legislation that was 
included in H.R. 10, as passed by the House, and were retained 
in modified form as part of the House-Senate Conference on S. 
2845, the ``Intelligence Reform and Terrorism Prevention Act of 
2004.'' For additional detail, see the Legislative Activity 
section of this report.

                         Biometric Technologies

    During the 108th Congress, the Subcommittee examined the 
current and planned uses of biometric technologies as a 
critical element of the Nation's homeland security efforts. In 
particular, the Subcommittee focused on the use of such 
technologies as part of the US-VISIT program (for both entry 
and exit tracking systems), and as the international community 
progresses towards biometrically-enabled passports and 
internationally accepted standards. The Subcommittee reviewed 
the coordination of biometric efforts and initiatives across 
the Department and within the Federal government, and concerns 
that the lack of agreed upon U.S. or international standards 
for biometrics may be curtailing the speed at which biometrics 
are deployed throughout the Department and the Federal 
government and the eventual interoperability of various 
biometric systems deployed in the future.
    As part of this oversight, the Subcommittee on 
Infrastructure and Border Security hosted, on September 23, 
2004, a technology demonstration and briefing for Members and 
staff on the use of biometric identifiers (biometrics) in 
homeland security and other governmental programs. The briefing 
and demonstration provided a general overview of biometrics, 
including hands-on demonstrations on how biometric information 
is captured, stored, and utilized. Iris recognition, hand 
geometry, and finger prints were the biometric systems 
demonstrated. The Department of Homeland Security demonstrated 
the US-VISIT system, briefed on existing programs in which 
biometric identifiers are used, and provided Members with an 
update on developing technologies and programs. Representatives 
from the Department of State and the Department of Defense 
provided additional briefings on their current and emerging 
programs involving biometrics. The briefing provided Members an 
opportunity to further their understanding of various biometric 
technologies and their applicability to different government 
programs and departments.

                   Critical Infrastructure Protection

    As part of the Committee's oversight activities in this 
area, the Subcommittee activelyreviewed the Department of 
Homeland Security's efforts to develop and implement a national 
critical infrastructure plan during the 108th Congress. On April 29, 
2003, Subcommittee Members were briefed by the Assistant Secretary for 
Infrastructure Protection of the Department of Homeland Security on the 
National Critical Infrastructure Strategy. The Assistant Secretary 
provided an overview of The National Strategy for the Physical 
Protection of Critical Infrastructure and Key Assets, which was issued 
by the President in February 2003.
    The first strategic objective in the National Strategy is 
the development of a list of national critical infrastructure 
sites and facilities. The Subcommittee examined the methodology 
used by the Department in the identification and ranking of 
high-priority sites and facilities for risk assessments and 
protective plans. On March 31, 2004, Members of the 
Subcommittee received a classified briefing from the Department 
on the development of this national list, the methodology used 
to compile the list, and efforts by the Department to assess 
the vulnerabilities of these sites.
    The Subcommittee held several additional briefings at the 
Member and staff levels to monitor progress on this issue 
throughout 2004. Subcommittee staff also traveled to Los 
Angeles, California, in August 2004, to meet with State, local, 
and private sector officials regarding critical infrastructure 
protection. Staff met with members of Project ARCHANGEL, which 
is coordinated by the Los Angeles County Sheriff's Department 
and was developed by the County of Los Angeles to compile and 
assess the critical infrastructure in the region. During these 
meetings, staff reviewed the framework utilized to compile the 
list, including the criteria and categories for the 13 
different infrastructure sectors, and discussed the progress 
and challenges in compiling this list, assessing 
vulnerabilities to such infrastructure, and preparing a plan to 
address those vulnerabilities. During this trip, Subcommittee 
staff also met with the Deputy Director for Homeland Security 
for the State of California, and discussed efforts at the State 
level to complete a critical infrastructure assessment and the 
cooperation from the Department of Homeland Security in this 
effort.
    In addition, the Subcommittee evaluated the efforts of the 
Department to establish productive working relationships with 
the private sector owners and operators of critical 
infrastructure. On March 23, 2004, the Subcommittee on 
Cybersecurity, Science, and Research & Development and the 
Subcommittee on Infrastructure and Border Security held a joint 
briefing on ``Private Sector Operations and Interaction with 
DHS--Financial and Telecommunications Sectors.'' Remarks were 
presented by representatives from the Information Sharing and 
Analysis Center (ISAC) Council; Financial Services ISAC; and 
the Telecommunications ISAC. The closed briefing provided 
information on how these two infrastructure organizations--the 
financial and telecommunications sectors--work to secure their 
infrastructures and how they work with the Department of 
Homeland Security to share information that will help protect 
U.S. critical infrastructures. The representatives also 
discussed the interdependencies of their infrastructures, 
particularly the heavy dependency of the financial sector on 
the telecommunications industry to deliver assured services for 
both voice and data communications.
    On March 29, 2004, the Subcommittee on Cybersecurity, 
Science, and Research & Development and the Subcommittee on 
Infrastructure and Border Security continued their joint 
briefing on private sector interaction with the Department of 
Homeland Security, focused on the energy, electric, and 
chemical sectors. Representatives from three Information 
Sharing and Analysis Center (ISAC) sector leads, as well as the 
National Petrochemical Refiners Association, described how 
their sectors were addressing security concerns and how they 
engage with Federal and State governments in this area.
    Further, on April 21, 2004, the Subcommittee on 
Cybersecurity, Science, and Research & Development and the 
Subcommittee on Infrastructure and Border Security held a joint 
hearing entitled ``The DHS Infrastructure Protection Division: 
Public-Private Partnerships to Secure Critical 
Infrastructures.'' The hearing included testimony regarding the 
need to strengthen the Department's activities and relationship 
with the private sector, particularly with respect to 
cybersecurity. Testimony was received from: Mr. Robert 
Liscouski, Assistant Secretary of Homeland Security for 
Infrastructure Protection, Department of Homeland Security; Mr. 
George Newstrom, Secretary of Technology, Chief Information 
Officer, Commonwealth of Virginia; Mr. Robert Dacey, Government 
Accountability Office; the Honorable Dave McCurdy, Executive 
Director, Internet Security Alliance; and Ms. Diane VanDe Hei, 
Vice Chair, Information Sharing and Analysis Center (ISAC) 
Council.
    The Subcommittee also monitored the activities of the 
National Infrastructure Advisory Council during the 108th 
Congress. The National Infrastructure Advisory Council (NIAC) 
is composed of not more than 30 members appointed by the 
President who are selected from the private sector, academia, 
and State and local government, and who provide the President 
through the Secretary of Homeland Security advice on the 
security of critical infrastructure and ways to enhance the 
public-private partnership. Through meetings with various 
members of the NIAC, the Subcommittee examined the reports and 
recommendations of the Council and its interactions with the 
Department of Homeland Security.

                Review of Electricity Power Grid Outage

    As part of its review of infrastructure protection matters, 
the Subcommittee examined the August 2003 major electricity 
power grid outage through two days of hearing. On September 4, 
2003, and September 17, 2003, the Subcommittee on 
Cybersecurity, Science and Research & Development and the 
Subcommittee on Infrastructure and Border Security held a joint 
hearing entitled ``Implications of Power Blackouts for the 
Nation's Cybersecurity and Critical Infrastructure Protection: 
The Electric Grid, Critical Interdependencies, Vulnerabilities, 
and Readiness.''
    Testimony was received on September 4, 2003, from: the 
Honorable Cofer Black, Coordinator for Counterterrorism, 
Department of State; Mr. Larry A. Mefford, Executive Assistant 
Director of Counterterrorism and Counterintelligence, Federal 
Bureau of Investigation; Mr. Paul H. Gilbert, Former Chair, 
Panel on Energy Facilities, Cities, and Fixed Infrastructure, 
National Research Council; Dr. Peter Orzag, Senior Fellow, the 
Brookings Institution; Mr. John McCarthy, Executive Director, 
Critical Infrastructure Protection Project, George Mason 
University; Mr. Karl Rauscher, Founder and President, Wireless 
Emergency Response Team; and Mr. Kenneth Watson, President and 
Chairman, Partnership for Critical Infrastructure Security. 
Testimony was received on September 17, 2003, from: Mr. Robert 
Liscouski, Assistant Secretary, Infrastructure Protection 
Directorate, Department of Homeland Security; Ms. Denise Swink, 
Acting Director, Office of Energy Assurance, Department of 
Energy; Col. Michael McDaniel, Assistant Adjutant General, 
Homeland Security, State of Michigan; and Mr. Robert F. Dacey, 
Director, Information Security Issues, Government 
Accountability Office.
    The hearing examined the interconnection among the critical 
infrastructures within the United States, and witnesses 
discussed the role of simulations and modeling for improving 
management of infrastructure interdependencies. Witnesses also 
discussed the contingency plans for sustained outages at energy 
plants specifically, and the use of redundancy principles when 
designing systems for all critical infrastructure sectors.

                             Agro-Terrorism

    During the 108th Congress, the Subcommittee reviewed the 
efforts of the Department of Homeland Security and the 
Department of Agriculture to address issues relating to the 
protection of the food and agricultural supplies, including the 
conduct of vulnerability assessments and the implementation of 
two Homeland Security Presidential Directives (HSPD): HSPD-7 
(on Critical Infrastructure Identification, Prioritization, and 
Protection), and HSPD-9 (on Defense of United States 
Agriculture and Food).

               Protective Security Advisor Program (PSAP)

    During the 108th Congress, the Subcommittee conducted 
oversight with respect to the Department's efforts to develop 
and begin operations of its Protective Security Advisor Program 
(PSAP) program, which is designed to provide Federal experts to 
assist State, local, and private sector entities in identifying 
and conducting vulnerability assessments of critical 
infrastructure, and developing plans to address those 
vulnerabilities. The Subcommittee examined the delays in hiring 
the necessary staff to carry out this program, encouraged the 
Department to speed up its efforts in this area, and worked 
with the House Appropriations Committee to secure additional 
resources for this program in Fiscal Year 2005.

    Subcommittee on Infrastructure and Border Security Hearings Held

    Northern Border Security. Joint Field Hearing in Niagara 
Reservation State Park, New York, with the Government Reform 
Subcommittee held on Criminal Justice, Drug Policy and Human 
Resources. Hearing held on May 19, 2003. PRINTED, Serial No. 
108-4. (Printed by the Committee on Government Reform Serial 
No. 73).
    Balancing Security and Commerce. Hearing held on July 16, 
2003. PRINTED, Serial No. 108-10.
    Best Business Practices for Securing America's Borders. 
Hearing held on July 23, 2003. PRINTED, Serial No. 108-20.
    Implications of Power Blackouts for the Nation's 
Cybersecurity and Critical Infrastructure Protection: The 
Electric Grid, Critical Interdependencies, Vulnerabilities, and 
Readiness. Joint hearing with the Subcommittee on 
Cybersecurity, Science, and Research & Development. Hearing 
held on September 4, 2003. PRINTED, Serial No. 108-23.
    Implications of Power Blackouts for the Nation's 
Cybersecurity and Critical Infrastructure Protection: The 
Electric Grid, Critical Interdependencies, Vulnerabilities, and 
Readiness. Joint hearing with the Subcommittee on 
Cybersecurity, Science, and Research & Development. Hearing 
held on September 17, 2003. PRINTED, Serial No. 108-23.
    Plugging the Gaps in Border Security: the One Face at the 
Border Initiative. Hearing Held on October 16, 2003. PRINTED, 
Serial No. 108-30.
    Integrity and Security at the Border: The US-VISIT Program. 
Hearing held on January 28, 2004. PRINTED, Serial No. 108-34.
    The Department of Homeland Security's Information Analysis 
and Infrastructure Protection Budget Proposal for Fiscal Year 
2005. Joint hearing held with the Subcommittee on Intelligence 
and Counterterrorism. Hearing held on March 4, 2004. PRINTED, 
Serial No. 108-39.
    The Department of Homeland Security's Border and 
Transportation Security (BTS) Budget Proposal for Fiscal Year 
2005. Hearing Held on March 17, 2004. PRINTED, Serial No. 108-
41.
    The DHS Infrastructure Protection Division: Public-Private 
Partnerships to Secure Critical Infrastructures. Joint hearing 
with the Subcommittee on Cybersecurity, Science, and Research & 
Development. Hearing Held on April 21, 2004. PRINTED, Serial 
No. 108-45.
    Maritime Security Operations Within the Department of 
Homeland Security. Hearing Held on May 5, 2004. PRINTED, Serial 
No. 108-47.
    The Transportation Security Administration's Progress in 
Enhancing Homeland Security. Hearing Held on May 12, 2004. 
PRINTED, Serial No. 108-49.
    Protecting the Homeland: Building a Layered and Coordinated 
Approach to Border Security. Hearing Held on June 15, 2004. 
PRINTED, Serial No. 108-51.
    Counternarcotics at the Department of Homeland Security: 
How Well Are Anti-Drug Trafficking Operations Being Supported 
and Coordinated? Joint hearing with the Subcommittee on 
Criminal Justice, Drug Policy, and Human Resources of the 
Committee on Government Reform. Hearing Held on July 22, 2004. 
PRINTED, Serial No. 108-54.
    Disrupting Terrorist Travel: Safeguarding America's Borders 
Through Information Sharing. Joint hearing with the 
Subcommittee on Intelligence and Counterterrorism. Hearing Held 
on September 30, 2004. PRINTED, Serial No. 108-60.
          Subcommittee on Emergency Preparedness and Response

  JOHN SHADEGG, Arizona, Chairman

BENNIE G. THOMPSON, Mississippi      CURT WELDON, Pennsylvania,
JANE HARMAN, California                Vice Chairman
BENJAMIN L. CARDIN, Maryland         JOE BARTON, Texas
PETER A. DeFAZIO, Oregon             CHRISTOPHER SHAYS, Connecticut
NITA M. LOWEY, New York              DAVE CAMP, Michigan
ELEANOR HOLMES NORTON, District of ColumbiaN DIAZ-BALART, Florida
BILL PASCRELL, Jr., New Jersey       PETER KING, New York
DONNA M. CHRISTENSEN, U.S. Virgin Islands SOUDER, Indiana
BOB ETHERIDGE, North Carolina        MAC THORNBERRY, Texas
KEN LUCAS, Kentucky                  JIM GIBBONS, Nevada
JIM TURNER, Texas, ex officio        KAY GRANGER, Texas
                                     PETE SESSIONS, Texas
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: preparation for and response to chemical, biological, 
radiological, and other attacks on civilian populations; protection of 
physical infrastructure and industrial assets against terrorist attack; 
issues related to liability arising from terrorist attack; public 
health issues related to such attacks; disaster preparedness; 
coordination of emergency response with and among state and local 
governments and the private sector; homeland security technology; 
relevant oversight.
                              ----------                              

    The Subcommittee on Emergency Preparedness and Response 
actively conducted oversight on a wide range of issues through 
public hearings and briefings during the 108th Congress. 
Subcommittee Members and staff also met on a frequent basis 
with first responders, academic experts, industry 
representatives, non-governmental organizations, in addition to 
officials from the Department of Homeland Security, other 
Federal agencies, and State and local governments across the 
country. These hearings, briefings, and meetings were central 
to the Subcommittee's legislative and oversight activities, 
which focused on the following general topics: (1) reforming 
first responder grant programs to make them ``faster and 
smarter''; (2) terrorism preparedness exercises and training at 
the Federal, State, and local levels of government, especially 
for events involving weapons of mass destruction; (3) public 
safety communications interoperability; (4) countermeasures for 
biological, chemical, radiological, and nuclear attacks; (5) 
emergency warnings and alerts; and (6) incident command and 
control and the National Response Plan.
    The Subcommittee assisted the Full Committee in developing 
the ``Faster and Smarter Funding for First Responders Act,'' 
initially reporting the measure unanimously at the Subcommittee 
level in November 2003 and helping to steer its ultimate 
passage through the Full Committee, four other committees of 
the House, and the full House of Representatives in October 
2004 as a provision of H.R. 10, the ``9/11 Recommendations 
Implementation Act.'' This legislation was aided by 
Subcommittee oversight of the problems with the current first 
responder grant programs, including the lack of risk-based 
allocation of funds at the Federal and State levels and the 
administrative bottlenecks delaying the ultimate receipt and 
use of these funds at the local level.
    The Subcommittee's oversight also highlighted other issues 
that led to legislative solutions, including enhanced Federal 
coordination, technical assistance, and funding flexibility to 
foster interoperable communications for first responders, the 
testing of new emergency warning capabilities, and increased 
support for the development of State, regional, and local 
mutual aid agreements.

   Preparedness for Chemical, Biological, Radiological, and Nuclear 
                                Threats

    In addition to actions taken by the Full Committee, the 
Subcommittee held three hearings andconducted site tours to 
review chemical, biological, radiological, and nuclear threats and the 
Nation's current level of preparedness for such threats. The 
Subcommittee focused its oversight on the President's Project BioShield 
proposal, a prioritization of existing biological threats, and the 
Nation's capability to detect possible agents that are used in attacks 
on our homeland.
    On March 27, 2003, the Subcommittee on Emergency 
Preparedness and Response held a joint hearing with the 
Subcommittee on Health of the Committee on Energy and Commerce, 
entitled ``Furthering Public Health Security: Project 
BioShield.'' Testimony was received from: the Honorable Tommy 
Thompson, Secretary, Department of Health and Human Services; 
Dr. Michael Friedman, Chief Medical Officer for Biomedical 
Preparedness, PhRMA; Dr. Gary Noble, Vice President of Medical 
and Public Affairs, Johnson & Johnson on behalf of AdvaMed; Dr. 
J. Leighton Read, General Partner, Biotechnology Industry 
Organization; and Dr. James Baker, Jr., Ruth Dow Doan 
Professor, Director, Center for Biological Nanotechnology. The 
hearing examined the current state of affairs with respect to 
vaccine and countermeasure development and procurement for 
weapons of mass destruction, as well as the proposed Project 
BioShield that would expedite and expand the Federal 
government's role in promoting a market for such countermeasure 
development.
    The Subcommittee also focused on the appropriate role of 
the new Department of Homeland Security with respect to Project 
BioShield--in particular, the use of intelligence and risk 
assessment to prioritize countermeasure development. On June 5, 
2003, the Subcommittee on Emergency Preparedness and Response 
held a joint hearing with the Subcommittee on Intelligence and 
Counterterrorism, entitled ``Does the Homeland Security Act of 
2002 Give the Department the Tools It Needs to Determine Which 
Bio-Warfare Threats Are Most Serious?'' Testimony was received 
from: Paul J. Redmond, Assistant Secretary, Information 
Analysis, Department of Homeland Security; and Eric Tolbert, 
Director, Response Division, Emergency Preparedness and 
Response Directorate, Department of Homeland Security. This 
hearing examined the Department's current and planned analytic 
capabilities required to administer the Project BioShield 
program.
    With respect to detection of biological agent attacks, on 
September 24, 2003, the Subcommittee held a hearing entitled 
``Disease Surveillance Systems: How Can They Help Us Prepare 
for Bioterrorism?'' Testimony was received from Mr. Joseph 
Henderson, Associate Director of Terrorism Preparedness and 
Response, Centers for Disease Control and Prevention, 
accompanied by Dr. John W. Loonsk, Associate Director for 
Informatics, Centers for Disease Control and Prevention; Dr. 
Richard Platt, Chair, Department of Ambulatory Care and 
Prevention, Harvard Pilgrim Health Care; Dr. Jonathan L. Temte, 
Infectious Disease Specialist, American Academy of Family 
Physicians; Dr. Jeffrey Trent, President and Scientific 
Director, Translational Genomics Research Institute, 
accompanied by Dr. Paul Stephen Keim, Department of Biological 
Sciences, Northern Arizona University.
    This hearing examined disease surveillance systems that 
support monitoring and communications among public health labs, 
the clinical community, and State and local health departments. 
The hearing also examined ``syndromic'' surveillance, which 
tracks patient medical records in compliance with privacy 
regulations to look for clusters of symptoms. The hearing also 
reviewed the role of primary care physicians and their level of 
preparedness for a bioterror event. Witnesses explained how 
research is leading to new diagnostics that may be able to 
quickly detect biologic outbreaks before they become epidemics, 
and discussed how such systems can interact with initiatives 
pursued by the Department of Homeland Security such as 
BioWatch.
    In addition, on Thursday, September 25, 2003, the 
Subcommittee on Emergency Preparedness and Response received a 
joint briefing with the Subcommittee on Cybersecurity, Science, 
and Research & Development and the Subcommittee on 
Infrastructure and Border Security, entitled ``Radiological and 
Nuclear Detection: Is Science Saving the Day?'' Representatives 
from the Department of Homeland Security, the national 
laboratories and the Port Authority of New York and New Jersey 
briefed Members and staff on technological advancements and 
application in detection of radiological and nuclear 
components. The briefing was presented by Dr. Maureen McCarthy, 
Director, Office of Research and Development, Science and 
Technology Directorate, Department of Homeland Security; Mr. 
Ray Vitkus, Group Leader of Nonproliferation and International 
Technology Group, Los Alamos National Laboratory; Dr. Page 
Stoutland, Program Leader, Radiological and 
NuclearCountermeasures, Lawrence Livermore National Laboratory; and Mr. 
Brian Lacey, Office of Operations and Emergency Management, the Port 
Authority of New York and New Jersey.
    An additional briefing was held for the Chairman and 
Ranking Member in May 2004 by the Senior Director for 
Bioterrorism of the National Security Council. The briefing 
afforded the Committee the opportunity to understand the 
Administration's work to identify national bioterrorism 
preparedness gaps, the capabilities and current limitations of 
Federal agencies, and to better coordinate the efforts of the 
Federal government in concert with State and local partners.

                            First Responders

    As part of the Committee's oversight of first responder 
issues during the 108th Congress, the Subcommittee conducted 
numerous hearings, briefings, and other meetings with Federal, 
State, and local officials and all of the first responder 
disciplines to understand the obstacles to greater terrorism 
preparedness.
    On October 16, 2003, the Subcommittee on Emergency 
Preparedness and Response held a legislative hearing on H.R. 
3266, the ``Faster and Smarter Funding for First Responders 
Act.'' This hearing examined how the legislation would address 
deficiencies in the current homeland security grant 
distribution process, and the need for a more regional approach 
to first responder preparedness. The witnesses highlighted 
problems that included the burdensome nature of the current 
application process; the slow flow of Federal homeland security 
funding to local first responders; and the lack of threat and 
vulnerability factors taken into consideration in the 
distribution of grant funds. Testimony was received from The 
Honorable James A. Garner, Mayor of Hempstead, New York, 
President, The United States Conference of Mayors; Col. Randy 
Larsen (Ret.), Founder and CEO, Homeland Security Associates, 
Former Director, Institute of Homeland Security, Former 
Chairman of Military Department at the National War College; 
and Mr. Robert Latham, Director, Mississippi Emergency 
Management Agency.
    On April 28, 2004, the Subcommittee on Emergency 
Preparedness and Response held a hearing entitled ``The DHS 
Office for Domestic Preparedness First Responder Assistance 
Programs.'' Testimony was received from C. Suzanne Mencer, 
Director, Office for Domestic Preparedness, Department of 
Homeland Security; and Dennis R. Schrader, Director, Governor's 
Office of Homeland Security, State of Maryland. The hearing 
examined first responder assistance programs administered by 
the Office for Domestic Preparedness (ODP), and issues such as 
risk assessment, administrative requirements and bottlenecks, 
State and local planning for use of grants, and the proposed 
Fiscal Year 2005 budget for ODP.
    With respect to incident management, the Subcommittee 
examined DHS efforts to develop an interim and revised National 
Response Plan at the Federal level, as required by the Homeland 
Security Act of 2002 (P.L. 107-296), and also reviewed the 
efforts of DHS to develop and implement the new National 
Integration Management System (NIMS), the first-ever national 
standardized plan for managing emergency incidents. The 
Subcommittee oversaw the creation of the NIMS Integration 
Center--a new center within DHS that will assist Federal, 
State, and local response agencies in adopting appropriate 
protocols, procedures, and standards necessary to maintain 
compliance with NIMS. As part of this oversight effort, and the 
Committee's oversight of the National Commission on Terrorist 
Attacks Upon the United States (9/11 Commission) report and 
recommendations, the Subcommittee held a hearing on September 
29, 2004, entitled ``The National Incident Management System: 
Enhancing Response to Terrorist Attacks.'' The hearing focused 
on the benefits of and concerns relating to the implementation 
of the NIMS system by State and local governments. Testimony 
was received from: Mr. Gil Jamieson, Acting Director, NIMS 
Integration Center, U.S. Department of Homeland Security; Chief 
P. Michael Freeman, Los Angeles County Fire Department, 
California, on behalf of the International Association of Fire 
Chiefs; Mr. Steve Lenkart, National Director of Legislative 
Affairs, International Brotherhood of Police Officers; and Dr. 
Joseph Barbera, Co-Director, Institute for Crisis, Disaster, 
and Risk Management, George Washington University.
    Consistent with the Subcommittee's oversight, the 
Department of Homeland Security has decided to phase-in the 
required adoption of NIMS by State and local governments over 
three years to account for numerous monetary, equipment, 
training, administrative, and other obstacles to 
fullimplementation. The NIMS Integration Center also is working with 
witnesses who testified before the Subcommittee and an expanded cross 
section of first responder disciplines to incorporate their 
terminologies, protocols, and other priorities into NIMS.
    With respect to terrorism preparedness exercises, the 
Subcommittee focused on the need for more coordination, 
consistency, and inclusiveness in exercises conducted or 
sponsored by the Federal government. The Subcommittee took note 
of the Department of Homeland Security's efforts to refine a 
National Exercise Program to provide assistance with exercise 
scheduling, design, and evaluation at the Federal, State, local 
and tribal levels of government, and the Department is 
expanding its exercises to include international and private 
sector participation.

               Communications Technology Interoperability

    As part of the Committee's oversight of first responder 
preparedness issues, the Subcommittee conducted significant 
oversight of Federal efforts to improve public safety 
interoperable communications, which led to the incorporation of 
several related provisions in S. 2845, the ``Intelligence 
Reform and Terrorism Prevention Act of 2004.''
    On Wednesday, October 15, 2003, the Subcommittee on 
Emergency Preparedness and Response and the Subcommittee on 
Cybersecurity, Science, and Research & Development received a 
joint briefing on ``Communications Technology and 
Interoperability: Can Science and Technology Help Overcome 
Communications Obstacles for First Responders.'' Members of the 
Subcommittees were briefed by representatives from the SAFECOM 
Program Office, Department of Homeland Security; Motorola, 
Inc.; and the Commonwealth of Massachusetts. At this briefing, 
the Subcommittees examined the technological limitations of 
communications systems, possible solutions to interoperability, 
and governmental requirements to create an effective first 
responder notification system.
    Subsequent to this briefing, the Subcommittee continued to 
review--through staff-level briefings with DHS, State and local 
officials, first responders, and relevant industry 
representatives--the efforts of DHS' Project SAFECOM, its 
research and development priorities, its development of grant 
guidance, standards, and other Federal assistance to help State 
and local governments achieve interoperable communications, and 
its development of near-term solutions to ensure rapid incident 
interoperability in high-risk areas. The Subcommittee also 
examined, as part of the Committee's review of the National 
Commission on Terrorist Attacks Upon the United States (9/11 
Commission) report and recommendations, the Department of the 
Army's Signal Corps, Civil Support Teams, and other sources of 
communications assistance for Federal, State, and local first 
responders, and the potential of using the Signal Corps model 
or their capabilities for high-risk area interoperable 
communications, as recommended by the 9/11 Commission Report.
    The Subcommittee's oversight in this area helped to spur 
the Department of Homeland Security's creation of an Office of 
Interoperability and Compatibility to enhance coordination of 
Project SAFECOM and numerous other communications assistance 
initiatives within the Department. Its responsibilities include 
many that are similar to Select Committee suggestions, 
including: (1) collecting and disseminating best practices, (2) 
ensuring that short and long-term communications solutions may 
be acquired through Federal grants; (3) prioritizing research 
and development; (4) providing guidance and technical 
assistance for Federal grant programs; (5) making 
communications interoperability a priority for awards 
distributed by the Office for Domestic Preparedness; and (6) 
developing essential elements of progress to measure the level 
of communications interoperability across Federal, State, and 
local governments. In addition, the Fiscal Year 2005 Grant 
Guidance for the Homeland Security Grant Program and the Urban 
Area Security Initiative requires grant recipients to develop 
comprehensive interoperable communications plans, similar to 
provisions the Committee contributed to S. 2845, the 
``Intelligence Reform and Terrorism Prevention Act of 2004.'' 
The Subcommittee's oversight also supported the development of 
other legislative provisions to enhance interoperable 
communications for public safety that were enacted into law as 
part of this Act. For additional detail, see the Legislative 
Activity section.

      Emergency Preparedness and Response Fiscal Year 2005 Budget

    The Subcommittee examined the proposed Fiscal Year 2005 
budget for the DHS Emergency Preparedness and Response (EP&R) 
Directorate through various briefings and a hearing. On 
Wednesday, March 3, 2004, the Subcommittee on Emergency 
Preparedness and Response held a hearing entitled ``The 
Department of Homeland Security Emergency Preparedness and 
Response Directorate Fiscal Year 2005 Budget.'' Testimony was 
received from the Honorable Michael D. Brown, Under Secretary 
for Emergency Preparedness and Response, Department of Homeland 
Security. The hearing reviewed the President's proposed Fiscal 
Year 2005 budget plans and authorization needs for the EP&R. 
The hearing also examined the Directorate's compliance with 
relevant provisions in the Homeland Security Act of 2002 (P.L. 
107-296), and how the Directorate is fulfilling its objectives 
outlined in the President's National Strategy for Homeland 
Security, and Homeland Security Presidential Directives (HSPD) 
5 and 8 (on Management of Domestic Incidents and on National 
Preparedness).
    As a part of the hearing, the Subcommittee raised concerns 
that multiple assessments of State and local capabilities are 
being conducted by multiple organizations within the Department 
of Homeland Security, causing delays in the flow of homeland 
security grant funds to local first responders. The 
Subcommittee sought clarification on the purpose of these 
assessments and the use of State and local threat assessment 
information within the Department. The Subcommittee also 
examined issues relating to the transfer and consolidation of 
all Emergency Preparedness and Response grant programs under 
the Office for Domestic Preparedness. Further, the Subcommittee 
inquired as to the division of responsibility for developing 
standards among the Emergency Preparedness and Response 
Directorate, Science and Technology Directorate, the Office for 
Domestic Preparedness, and other Department organizations 
involved in developing standards. The hearing also focused on 
the role of the EP&R Directorate in the Department's 
interoperability communications plans.

                       Emergency Warning Systems

    On September 22, 2004, the Subcommittee on Emergency 
Preparedness and Response held a hearing entitled ``Emergency 
Warning Systems: Ways to Notify the Public in the New Era of 
Homeland Security.'' Testimony was received from: Mr. Reynold 
N. Hoover, Director of National Security Coordination, 
Department of Homeland Security; Mr. James Dailey, Director of 
Homeland Security, Federal Communications Commission; Ms. 
Kathleen Henning, Certified Emergency Manager, International 
Association of Emergency Management; Dr. Peter L. Ward, 
Founding Chairman, Partnership for Public Warning, U.S. 
Geological Survey (Retired); Mr. Frank Lucia, Vice Chairman, 
Washington D.C. Emergency Alert System Committee, Member, 
Public Communications & Safety Working Group, Media Security 
and Reliability Council; and Ms. Patricia McGinnis, President 
and CEO, Council for Excellence in Government.
    The hearing examined the current status of our Nation's 
emergency warning and alert systems, with particular emphasis 
on the Department of Homeland Security's role in the Emergency 
Alert System, technical and procedural aspects of the system, 
the media's role in public warning, and actions the public and 
private sectors can take to convey and receive public warning 
in an effective and timely manner. Concerns that were raised 
with the current public warning systems included: simultaneous 
over-inclusiveness and under-inclusiveness; disincentives to 
the dissemination of warning by broadcasters; insufficient 
standards, protocols, and procedures for developing and issuing 
warnings; an absence of metrics for measuring the effectiveness 
of these systems; and a general lack of oversight coordination 
at the Federal level related to all types of emergency 
warnings. The Subcommittee's oversight supported the 
development of legislative provisions to require further study 
of alternative emergency warning systems, which were enacted 
into law as part of S. 2845, the ``Intelligence Reform and 
Terrorism Prevention Act of 2004.'' For additional details, see 
the Legislative Activity section.

   Subcommittee on Emergency Preparedness and Response Hearings Held

    Furthering Public Health Security: Project BioShield. Joint 
hearing with the Committee on Energy and Commerce: Subcommittee 
on Health. Hearing held on March 27, 2003. PRINTED, Serial No. 
108-1). (Printed by the Committee on Energy and Commerce 108-
11).
    Does the Homeland Security Act of 2002 Give the Department 
the Tools It Needs to Determine Which Bio-Warfare Threats are 
Most Serious? Joint hearing with the Subcommittee on 
Intelligence and Counterterrorism. Hearing held on June 5, 
2003. PRINTED, Serial No. 108-8.
    Disease Surveillance Systems: How Can They Help the Nation 
Prepare for Bioterrorism? Hearing held on September 24, 2003. 
PRINTED, Serial No. 108-27).
    H.R. 3266, To authorize the Secretary of Homeland Security 
to make grants to first responders, and for other purposes. 
Faster and Smarter Funding for First Responders Act of 2003. 
Hearing held on October 16, 2003. PRINTED, Serial No. 108-31.
    Department of Homeland Security Emergency Preparedness and 
Response Directorate Fiscal Year 2005 Budget. Hearing held on 
March 3, 2004. PRINTED, Serial No. 108-38).
    The DHS Office for Domestic Preparedness First Responder 
Assistance Programs. Hearing held on April 28, 2004. PRINTED, 
Serial No. 108-46).
    Emergency Warning Systems: Ways to Notify the Public in the 
New Era of Homeland Security. Hearing held on September 22, 
2004. PRINTED, Serial No. 108-58).
    The National Incident Management System: Enhancing Response 
to Terrorist Attacks. Hearing held on September 29, 2004. 
PRINTED, Serial No. 108-59).
  Subcommittee on Cybersecurity, Science, and Research and Development

 MAC THORNBERRY, Texas, Chairman 

ZOE LOFGREN, California              PETE SESSIONS, Texas, Vice 
LORETTA SANCHEZ, California          Chairman 
ROBERT E. ANDREWS, New Jersey        SHERWOOD BOEHLERT, New York
SHEILA JACKSON-LEE, Texas            LAMAR SMITH, Texas
DONNA M. CHRISTENSEN, U.S. Virgin Islands WELDON, Pennsylvania
BOB ETHERIDGE, North Carolina        DAVE CAMP, Michigan
KEN LUCAS, Kentucky                  ROBERT W. GOODLATTE, Virginia
JAMES R. LANGEVIN, Rhode Island      PETER KING, New York
KENDRICK B. MEEK, Florida            JOHN LINDER, Georgia
BEN CHANDLER, Kentucky               MARK SOUDER, Indiana
JIM TURNER, Texas, ex officio        JIM GIBBONS, Nevada
                                     KAY GRANGER, Texas
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: security of computer, telecommunications, information 
technology, industrial control, electric infrastructure, and data 
systems, including science, research and development related thereto; 
protection of government and private networks and computer systems from 
domestic and foreign attack; prevention of injury to civilian 
populations and physical infrastructure caused by cyber attack; 
relevant oversight.
                              ----------                              

    During the 108th Congress, the Subcommittee on 
Cybersecurity, Science and Research & Development conducted 
extensive public hearings and briefings with experts in the 
private sectors that own and operate the critical information 
infrastructure, as well as with government and academic experts 
who discussed their perspectives on working with the Department 
of Homeland Security. The Subcommittee held eight hearings on 
cybersecurity, leading to the introduction of legislation to 
elevate the cybersecurity mission within the Department, to 
bring together data and telecommunications functions under this 
elevated mission, and to provide an authoritative cybersecurity 
definition to be used across the Department in execution of 
this mission. The Subcommittee also held three hearings that 
covered the breadth of the mission of the Science and 
Technology (S&T) Directorate within the Department, leading to 
the introduction of legislation to improve DHS' scientific 
programs and technology transfer between DHS, industry, and 
other partners in the War on Terrorism.

         Cybersecurity Threats, Challenges, and Vulnerabilities

    The Subcommittee closely examined the range of 
cybersecurity threats and vulnerabilities faced by the United 
States through a series of hearings and briefings during the 
108th Congress. As part of this effort, on April 10, 2003, 
Members of the Subcommittee on Cybersecurity, Science, and 
Research & Development were briefed on the cybersecurity 
challenges facing the United States. The briefing was provided 
by the Director of Information Assurance, National Security 
Agency, and gave an overview of the cyber threat and the 
challenges in overcoming vulnerabilities, including certain 
overseas outsourcing of software and hardware products. In 
addition, on June 4, 2003, Members of the Subcommittee on 
Cybersecurity, Science, and Research & Development received a 
classified briefing from representatives of the Director of 
Central Intelligence, the National Intelligence Council, and 
the Federal Bureau of Investigation on the threat to U.S. cyber 
infrastructure. The briefing provided members with additional 
information on the threats to the Nation posed by increases in 
cyber crime and espionage.
    The Subcommittee followed these briefings with a hearing on 
June 25, 2003, entitled ``Overview of the Cyber Problem: A 
Nation Dependent and Dealing with Risk.'' This hearing 
focusedon current vulnerabilities and threats faced in the private 
sector, as well as how organizations could deal with cyber outages 
through establishment of an incident management program. Testimony was 
received from Mr. Bruce Schneier, Founder and Chief Technical Officer, 
Counterpane Internet Security, Inc.; Mr. Richard D. Pethia, Director, 
CERT Centers, Software Engineering Institute, Carnegie Mellon 
University; and Mr. Alan Paller, Director of Research, SANS Institute.
    On July 21, 2003, the Subcommittee on Cybersecurity, 
Science, and Research & Development sponsored a half-day 
cybersecurity workshop that was hosted by the Congressional 
Research Service for Congressional staff from the House and 
Senate. This workshop provided staff with basic knowledge of 
cyber space, cybersecurity, and associated threats. Briefings 
and demonstrations were received from: the SANS Institute; 
Center for Information Assurance, University of Dallas; 
Counterpane Systems; Congressional Research Service; Central 
Intelligence Agency; Lumeta Corporation; MCI 
Telecommunications; and the U.S. Secret Service.
    On July 22, 2003, the Subcommittee on Cybersecurity, 
Science, and Research & Development held a hearing entitled 
``Cybersecurity--Getting It Right.'' Testimony was received 
from: Mr. Daniel G. Wolf, Director of Information Assurance, 
National Security Agency; Dr. Shankar Sastry, Chairman and 
Professor of Department of Electrical Engineering and Computer 
Sciences, University of California, Berkeley, California; and 
Dr. Steven M. Bellovin, Technology Leader, Network Services 
Research Laboratory, AT&T Laboratory Research. These witnesses 
stressed the importance of continuing research in cybersecurity 
and noted how rapidly the technology in this area is moving 
ahead, along with the challenges to keep pace. The NSA witness 
testified that security innovations used in the national 
security community should be applied to critical 
infrastructure.
    On February 24, 2004, the Subcommittee on Cybersecurity, 
Science, and Research & Development sponsored a cyber exercise 
hosted by the Secretary of Defense and the National Defense 
University. Members of the Select Committee participated in a 
scenario-driven mock event that explored the vulnerabilities of 
national information infrastructure to attack.
    On July 14, 2004, Members of the Subcommittee on 
Cybersecurity, Science, and Research & Development received a 
closed briefing from representatives of the Department of 
Homeland Security Information Analysis and Infrastructure 
Protection Directorate and the U.S. Secret Service on the 
impact of cyber attacks on critical infrastructure, 
particularly those that could negatively impact the national 
economy.

  Cybersecurity Information Sharing and Partnership With the Private 
                                 Sector

    During the 108th Congress, the Subcommittee actively 
reviewed the relationship between the Department of Homeland 
Security and the private sector with respect to cybersecurity 
issues. On July 15, 2003, the Subcommittee held an oversight 
hearing entitled ``Industry Speaks on Cybersecurity.'' 
Testimony was received from: Mr. Phil Reitinger, Senior 
Security Strategist, Microsoft Corporation; Mr. Whitfield 
Diffie, Vice President and Chief Security Officer, Sun 
Microsystems, Inc.; Dr. James Craig Lowery, Chief Security 
Officer, Dell Computer Corporation; Mr. Jay Adelson, Chief 
Technology Officer and Founder, Equinix, Inc.; Mr. Frank Ianna, 
President, Network Services, AT&T Corporation; and Ms. Tatiana 
Gau, Chief Trust Officer and Senior Vice President, America On-
Line (AOL) Core Services, AOL Time Warner. The panel 
represented extensive expertise from service providers to 
hardware and software manufacturers, and discussed the need for 
improved coordination of cybersecurity activities with the 
private sector owners and operators of critical information 
infrastructure.
    On March 23, 2004, the Subcommittee on Cybersecurity, 
Science, and Research & Development and the Subcommittee on 
Infrastructure and Border Security held a joint briefing on 
``Private Sector Operations and Interaction with DHS--Financial 
and Telecommunications Sectors.'' Remarks were presented by 
representatives from the Information Sharing and Analysis 
Center (ISAC) Council; Financial Services ISAC; and the 
Telecommunications ISAC. The closed briefing provided 
information on how these two infrastructure organizations--the 
financial and telecommunications sectors--work to secure their 
infrastructures and how they work with the Department of 
Homeland Security to share information that will help protect 
U.S. critical infrastructures. The representatives also 
discussed the interdependencies of their infrastructures, 
particularly the heavy dependency of the financial sector on 
the telecommunications industry to deliver assured services for 
both voice and data communications.
    On March 29, 2004, the Subcommittee on Cybersecurity, 
Science, and Research & Development and the Subcommittee on 
Infrastructure and Border Security continued their joint 
briefing on private sector interaction with the Department of 
Homeland Security, focused on the energy, electric, and 
chemical sectors. Representatives from the three Information 
Sharing and Analysis Center (ISAC) sector leads, as well as the 
National Petrochemical Refiners Association, described how 
their sectors were addressing security concerns and how they 
engage with Federal and State governments in this area.
    On April 21, 2004, the Subcommittee on Cybersecurity, 
Science, and Research & Development and the Subcommittee on 
Infrastructure and Border Security held a joint hearing 
entitled ``The DHS Infrastructure Protection Division: Public-
Private Partnerships to Secure Critical Infrastructures.'' The 
hearing included testimony regarding the need to strengthen the 
Department's activities and relationship with the private 
sector, particularly with respect to cybersecurity. Testimony 
was received from: Mr. Robert Liscouski, Assistant Secretary of 
Homeland Security for Infrastructure Protection, Department of 
Homeland Security; Mr. George Newstrom, Secretary of 
Technology, Chief Information Officer, Commonwealth of 
Virginia; Mr. Robert Dacey, Government Accountability Office; 
the Honorable Dave McCurdy, Executive Director, Internet 
Security Alliance; and Ms. Diane VanDe Hei, Vice Chair, 
Information Sharing and Analysis Center (ISAC) Council.
    In July 2004, the Government Accountability Office (GAO) 
issued a report--requested on August 22, 2003, by the Chairman 
and Ranking Member of the Subcommittee on Cybersecurity, 
Science, and Research & Development--entitled ``Critical 
Infrastructure Protection--Improving Information Sharing with 
Infrastructure Sectors'' (GAO-04-780). The report provided 
specific recommendations to help improve the effectiveness of 
the Department's information sharing efforts with the private 
sector. The GAO concluded that the Department should proceed 
with and establish milestones for the development of an 
information-sharing plan that includes (1) a clear description 
of the roles and responsibilities of the Department, the 
Information Sharing and Analysis Centers (ISACs), the sector 
coordinators, and the sector-specific agencies; and (2) actions 
designed to address key information-sharing challenges, 
including the development of appropriate Department policies 
and procedures for interacting with ISACs, sector coordinators, 
and sector-specific agencies, and enhanced information sharing 
within the IAIP Directorate and other Departmental components 
that may interact with the ISACs.

 Status of Department of Homeland Security Efforts To Secure Cyberspace

    During the 108th Congress, the Subcommittee conducted 
oversight with respect to the efforts of the new Department of 
Homeland Security to develop and implement a robust 
cybersecurity program, in accordance with the responsibilities 
and authorities given to the Department under the Homeland 
Security Act of 2002 (P.L. 107-296) and relevant Presidential 
directives and national strategies. As an initial part of this 
effort, on August 22, 2003, the Chairman and Ranking Member of 
the Subcommittee on Cybersecurity, Science, and Research & 
Development requested that the Government Accountability Office 
(GAO) report on the status of the Department's Information 
Analysis and Infrastructure Protection Directorate's plans to 
protect the computer systems that support our Nation's critical 
infrastructures, and the extent to which such plans or other 
actions adequately address the cyber critical infrastructure 
responsibilities established for the Department by law and by 
Administration policy, including the national strategies and 
related presidential directives and orders. This report is not 
expected for completion until the 109th Congress.
    In addition, the Subcommittee, on September 16, 2003, held 
a hearing entitled ``The Invisible Battleground: What Is the 
Department of Homeland Security Doing to Make America's 
Cyberspace More Secure.'' Testimony was received from Mr. 
Robert Liscouski, Assistant Secretary for Infrastructure 
Protection, Department of Homeland Security. The Assistant 
Secretary outlined several Department initiatives to implement 
the President's National Strategy to Secure Cyberspace.
    The Subcommittee also closely examined the Department's 
proposed Fiscal Year 2005 budget and related matters through a 
series of actions. On February 2, 2004, the Subcommittee 
onCybersecurity, Science, and Research & Development sent a letter to 
the Department of Homeland Security requesting information on its 
cybersecurity budget, organizational and planning documentation, 
internal and external coordination processes and activities, and copies 
of internal and external service level agreements. The Subcommittee 
then held a hearing on March 30, 2004, entitled ``Homeland 
Cybersecurity and DHS Enterprise Architecture Budget Hearing for Fiscal 
Year 2005.'' Testimony was received from Mr. Robert Liscouski, 
Assistant Secretary for Infrastructure Protection, Department of 
Homeland Security; and Mr. Steven Cooper, Chief Information Officer, 
Department of Homeland Security. Each witness outlined the 
Administration's budget plan for the year.
    In addition, on April 28, 2004, the Full Committee and the 
Subcommittee on Cybersecurity, Science, and Research & 
Development sent a letter to the Department of Homeland 
Security requesting a detailed action or implementation plan 
that links the Department's cyber program and budget needs to 
the National Strategy to Secure Cyberspace. The letter also 
requested the Department's views on both the effectiveness and 
organizational placement of the National Cybersecurity Division 
within the Department.
    The Subcommittee also examined the integration of the cyber 
warning and alert systems within the Department. On March 19, 
2004, the Subcommittee on Cybersecurity, Science, and Research 
& Development sent a letter to the Department of Homeland 
Security regarding the United States Computer Emergency 
Readiness Team (US-CERT) partnership with the Carnegie Mellon 
University Computer Emergency Response Team Coordination Center 
(CERT/CC), requesting feedback on how this arrangement would 
impact pre-existing arrangements with the private sector and 
international community.
    This cybersecurity-related oversight led to the 
introduction, on September 13, 2004, of H.R. 5068, the 
``Department of Homeland Security Cybersecurity Enhancement Act 
of 2004.'' The bill established an Assistant Secretary for 
Cybersecurity within the Department, with clear authority over 
the National Communications System, and provided an 
authoritative definition of cybersecurity to be used in 
execution of the Department's mission. The bill was endorsed by 
10 major associations affiliated with industry, academia, and 
the States, and elements of it were adopted by the House as 
part of H.R. 10, the ``9/11 Recommendations Implementation 
Act'' (see Legislative Activity section).

                Review of Electricity Power Grid Outage

    As part of its review of cybersecurity and infrastructure 
protection matters, the Subcommittee examined the August 2003 
major electricity power grid outage through two days of 
hearing. On September 4, 2003, and September 17, 2003, the 
Subcommittee on Cybersecurity, Science and Research & 
Development and the Subcommittee on Infrastructure and Border 
Security held a joint hearing entitled ``Implications of Power 
Blackouts for the Nation's Cybersecurity and Critical 
Infrastructure Protection: The Electric Grid, Critical 
Interdependencies, Vulnerabilities, and Readiness.'' Witnesses 
testified to the sector's growing dependence on Internet 
Protocol networks to command and control digital control 
systems, and the need for stronger security measures across the 
industry. Testimony was received on September 4, 2003, from: 
the Honorable Cofer Black, Coordinator for Counterterrorism, 
Department of State; Mr. Larry A. Mefford, Executive Assistant 
Director of Counterterrorism and Counterintelligence, Federal 
Bureau of Investigation; Mr. Paul H. Gilbert, Former Chair, 
Panel on Energy Facilities, Cities, and Fixed Infrastructure, 
National Research Council; Dr. Peter Orzag, Senior Fellow, the 
Brookings Institution; Mr. John McCarthy, Executive Director, 
Critical Infrastructure Protection Project, George Mason 
University; Mr. Karl Rauscher, Founder and President, Wireless 
Emergency Response Team; and Mr. Kenneth Watson, President and 
Chairman, Partnership for Critical Infrastructure Security. 
Testimony was received on September 17, 2003, from: Mr. Robert 
Liscouski, Assistant Secretary, Infrastructure Protection 
Directorate, Department of Homeland Security; Ms. Denise Swink, 
Acting Director, Office of Energy Assurance, Department of 
Energy; Col. Michael McDaniel, Assistant Adjutant General, 
Homeland Security, State of Michigan; and Mr. Robert F. Dacey, 
Director, Information Security Issues, Government 
Accountability Office. The hearings focused on the fragility of 
the Nation's electrical control systems to possible cyber 
sabotage.

                 Directorate of Science and Technology

    During the 108th Congress, the Subcommittee on 
Cybersecurity, Science, and Research & Development conducted 
oversight of the new Department's efforts to stand up an 
effective Directorate of Science and Technology, as required by 
the Homeland Security Act of 2002 (P.L. 107-296). As part of 
this oversight effort, the Subcommittee held a hearing on May 
21, 2003, entitled ``Homeland Security Science and Technology: 
Preparing for the Future.'' Testimony was received from: the 
Honorable Charles McQueary, Under Secretary for Science and 
Technology, Department of Homeland Security. This hearing 
provided insight into how the Department's leadership was 
organizing the Department to effectively deal with the 
extensive breadth of research and development required to cover 
a myriad of homeland security issues.
    Moreover, on October 30, 2003, the Subcommittee on 
Cybersecurity, Science, and Research & Development held a 
hearing entitled ``Strength Through Knowledge: Homeland 
Security Science and Technology Setting and Steering a Strong 
Course.'' Testimony was received from the Honorable Penrose C. 
Albright, Assistant Secretary for Plans, Programs and Budgets, 
Department of Homeland Security. The Subcommittee also held a 
hearing on Feburary 25, 2004, on the Department's Proposed 
Science and Technology Budget for Fiscal Year 2005. Testimony 
was received from the Honorable Charles McQueary, Under 
Secretary Science and Technology, Department of Homeland 
Security. The hearing reviewed the Department's budget plan for 
the coming year, and its strategic plans to address vital 
homeland security research and development issues and 
priorities.

                   Radiological and Nuclear Detection

    As part of the Committee's oversight of weapons of mass 
destruction preparedness, on September 25, 2003, the 
Subcommittee on Cybersecurity, Science, and Research & 
Development received a joint briefing with the Subcommittee on 
Emergency Preparedness and Response and the Subcommittee on 
Infrastructure and Border Security, entitled ``Radiological and 
Nuclear Detection: Is Science Saving the Day?'' Representatives 
were included from the Office of Research and Development, 
Science and Technology Directorate, Department of Homeland 
Security; the Nonproliferation and International Technology 
Group, Los Alamos National Laboratory; Radiological and Nuclear 
Countermeasures, Lawrence Livermore National Laboratory; and 
Office of Operations and Emergency Management, the Port 
Authority of New York and New Jersey. These representatives 
briefed Members and staff on technological advancements and 
application in detection of radiological and nuclear 
components.

               Communications Technology Interoperability

    As part of the Committee's oversight of issues relating to 
first responder preparedness, on October 15, 2003, the 
Subcommittee on Cybersecurity, Science, and Research & 
Development and the Subcommittee on Emergency Preparedness and 
Response received a joint briefing on ``Communications 
Technology and Interoperability: Can Science and Technology 
Help Overcome Communications Obstacles for First Responders?'' 
This briefing focused on technological issues associated with 
first responder communications, such as radio frequency 
spectrum, common infrastructure standards to allow for 
communications across regional and State boundaries, and the 
need for exercises to practice emergency coordination during 
times of crisis.

  Subcommittee on Cybersecurity, Science, and Research & Development 
                             Hearings Held

    Homeland Security Science and Technology: Preparing for the 
Future. Hearing held on May 21, 2003. PRINTED, Serial No. 108-
7.
    Overview of the Cyber Problem: A Nation Dependent and 
Dealing with Risk. Hearing held on June 25, 2003. PRINTED, 
Serial No. 108-13).
    Industry Speaks on Cybersecurity. Hearing held on July 15, 
2003. PRINTED, Serial No. 108-16.
    Cybersecurity--Getting It Right. Hearing held on July 22, 
2003. PRINTED, Serial No. 108-18.
    Implications of Power Blackouts for the Nations's 
Cybersecurity and Critical Infrastructure Protection: The 
Electric Grid, Critical Interdependencies, Vulnerabilities, and 
Readiness. Joint hearing with the Subcommittee on 
Infrastructure and Border Security. Hearing held on September 
4, 2003. PRINTED, Serial No. 108-23.
    The Invisible Battleground: What Is the Department of 
Homeland Security Doing to Make America's Cyberspace More 
Secure. Hearing held on September 16, 2003. PRINTED, Serial No. 
108-23.
    Implications of Power Blackouts for the Nations's 
Cybersecurity and Critical Infrastructure Protection: The 
Electric Grid, Critical Interdependencies, Vulnerabilities, and 
Readiness. Joint hearing with the Subcommittee on 
Infrastructure and Border Security Hearing held on September 
17, 2003. PRINTED, Serial No. 108-26.
    Strength Through Knowledge: Homeland Security Science and 
Technology Setting and Steering a Strong Course. Hearing held 
on October 30, 2003. PRINTED, Serial No. 108-33.
    Homeland Security Science and Technology Budget Hearing for 
Fiscal Year 2005. Hearing held on February 25, 2003. PRINTED, 
Serial No. 108-37.
    Homeland Cybersecurity and DHS Enterprise Architecture 
Budget Hearing for Fiscal Year 2005. Hearing held on March 30, 
2004. PRINTED, Serial No. 108-44.
    The DHS Infrastructure Protection Division: Public-Private 
Partnerships to Secure Critical Infrastructures. Joint hearing 
with the Subcommittee on Infrastructure and Border Security. 
Hearing held on April 21, 2004. PRINTED, Serial No. 108-45.
           Subcommittee on Intelligence and Counterterrorism

   JIM GIBBONS, Nevada, Chairman

KAREN McCARTHY, Missouri             JOHN SWEENEY, New York, Vice 
EDWARD J. MARKEY, Massachusetts      Chairman
NORMAN D. DICKS, Washington          JENNIFER DUNN, Washington
BARNEY FRANK, Massachusetts          C.W. BILL YOUNG, Florida
JANE HARMAN, California              HAROLD ROGERS, Kentucky
NITA M. LOWEY, New York              CHRISTOPHER SHAYS, Connecticut
ROBERT E. ANDREWS, New Jersey        LAMAR SMITH, Texas
ELEANOR HOLMES NORTON, District of ColumbiaKING, New York
JAMES R. LANGEVIN, Rhode Island      JOHN LINDER, Georgia
KENDRICK B. MEEK, Florida            JOHN SHADEGG, Arizona
JIM TURNER, Texas, ex officio        MAC THORNBERRY, Texas
                                     Vacancy
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: prevention and interdiction of terrorist attacks on 
American territory; liaison and integration of the Department of 
Homeland Security with the intelligence community and law enforcement; 
collection, analysis, and sharing of intelligence among agencies and 
levels of government as it relates to homeland security; threat 
identification, assessment and prioritization; integration of 
intelligence analysis, and sharing of intelligence, with and among 
federal, state, and local law enforcement; preservation of civil 
liberties, individual rights, and privacy; relevant oversight.
                              ----------                              

    During the 108th Congress, the Subcommittee on Intelligence 
and Counterterrorism focused its oversight efforts on the need 
to build the capabilities of the Office of Information Analysis 
within the Department of Homeland Security to conduct rigorous 
threat and risk assessments, and to ensure its full 
participation in the Intelligence Community. The Subcommittee 
also worked with the Full Committee to closely review the 
Department's policies and procedures with respect to issuing 
threat and warning advisories to the private sector and the 
public, including its coordination with the Federal Bureau of 
Investigation (FBI).
    The Subcommittee's oversight in this area prompted 
administrative action by DHS to target its threat advisories to 
particular sectors or regions, and to better coordinate its 
terrorism threat warnings with the FBI so as to reduce 
confusion among States, local governments, the private sector, 
first responders, and the public. The Subcommittee's oversight 
also contributed to the introduction of H.R. 4930, the 
``Homeland Security Information Sharing and Analysis 
Enhancement Act of 2004,'' which would, among other things, 
provide the Directorate of Information Analysis and 
Infrastructure Protection (IAIP) with additional personnel 
hiring flexibility; ensure that IAIP receives all relevant 
intelligence and law enforcement information from other Federal 
agencies on a timely basis; and ensure that the DHS Secretary 
is appropriately involved in the prioritization of the Federal 
Government's intelligence collection requirements for homeland 
security purposes.

                          Oversight Activities


                          Bioterrorism Threats

    As part of the Committee's oversight of weapons of mass 
destruction preparedness, on June 5, 2003, the Subcommittee on 
Intelligence and Counterterrorism held a joint hearing with the 
Subcommittee on Emergency Preparedness and Response entitled 
``Does the Homeland Security Act of 2002 Give the Department 
the Tools It Needs to Determine Which Bio-Warfare Threats Are 
Most Serious?'' Testimony was received from: Mr. Paul J. 
Redmond, Assistant Secretary, Information Analysis, Department 
of Homeland Security; and Mr. Eric Tolbert, Director, Response 
Division,Emergency Preparedness and Response Directorate, 
Department of Homeland Security. The hearing focused on how to 
strategically and effectively determine which biological threats are 
the most serious and against which the U.S. must protect.

                          Information Sharing

    As part of the Committee's oversight of homeland security 
information sharing policies and practices, on July 24, 2003, 
the Subcommittee on Intelligence and Counterterrorism held a 
hearing entitled ``Improvements to Department of Homeland 
Security Information Sharing Capabilities--Vertical and 
Horizontal Intelligence Communications.'' Testimony was 
received from: Mr. Bill Parrish, Acting Assistant Secretary for 
Information Analysis, Department of Homeland Security; Mr. V. 
Phillip Lago, Deputy Executive Secretary, Central Intelligence 
Agency; Mr. Steven McCraw, Assistant Director Office of 
Intelligence, Federal Bureau of Investigation; Mr. James 
Kallstrom, Senior Advisor to the Governor on Counter Terrorism, 
State of New York; Mr. George Foresman, Deputy Assistant to the 
Governor for Commonwealth Preparedness, Commonwealth of 
Virginia; and Mr. Darin Daniels, Preparedness Planning and 
Training Manager, Maricopa County, Arizona. Witnesses discussed 
improvements that have been made in this area, and exchanged 
ideas and potential solutions to further improve information 
sharing, use, and handling among all organizations engaged in 
the war on terrorism.
    The Subcommittee also closely examined the rollout of the 
Homeland Security Information Network (HSIN) by the Department 
of Homeland Security, which is based on the Joint Regional 
Exchange Information System developed by State and local 
authorities in conjunction with the Defense Intelligence 
Agency, and is designed to serve as an unclassified information 
exchange for State and local government officials, law 
enforcement, and first responder agencies. The Subcommittee 
received briefings from the Department on the classified 
version of the Network that would be deployed over time, and 
the potential of the system to deliver real-time connectivity 
with the Department's Homeland Security Operations Center. As 
part of this effort, on August 23, 2004, Committee staff 
visited with local government officials from Clark County, 
Nevada, to review the status of HSIN deployment in that area. 
In addition, the Subcommittee has monitored and encouraged the 
Department's efforts to work collaboratively with the FBI and 
the Department of Justice to ensure that HSIN can be made 
compatible with RISS.Net (the Regional Information Sharing 
System Network) and the FBI's LEO (Law Enforcement Online) 
system, in order to more rapidly and more cost-effectively 
expand coverage and connectivity across the United States.
    The Subcommittee also examined the effectiveness of 
Departmental efforts to help achieve continuity in delivering 
critical infrastructure and information sharing services to 
State and local officials through the new Office of Planning 
and Partnerships, by holding a field hearing in Las Vegas, 
Nevada on August 21, 2003, entitled ``Addressing the Security 
Needs of the West.'' Testimony was received from: Mr. William 
Parrish, Acting Assistant Secretary for Information Analysis, 
Department of Homeland Security; Mr. Larry Todd, Director of 
Security, Safety and Law Enforcement, Bureau of Reclamation, 
Department of the Interior; Col. (Ret.) Jerry Bussell, Special 
Advisor to the Governor on Homeland Security, State of Nevada; 
Mr. David Sheppard, Head of Security, Venetian Resort; Mr. 
Randy Walker, Aviation Director, Clark County Department of 
Aviation, Clark County, Nevada; Dr. Dale Carrison, Emergency 
Department Medical Director, University Medical Center Trauma 
Center, Las Vegas, Nevada; Mr. Bill Conger, Deputy Chief, Las 
Vegas Metropolitan Police Department; Mr. Frank Navarrete, 
Director, Office of Homeland Security, State of Arizona.

         Office of Information Analysis Threat Assessment Role

    The Homeland Security Act of 2002 (P.L. 107-296), and a 
subsequent Memorandum of Understanding entered into by all 
relevant Federal agencies, mandated routine sharing of homeland 
security-related information (including classified information, 
where appropriate) between and among Federal, State and local 
officials, and requires the Department of Homeland Security to 
access and analyze information from all Federal, State, and 
local government agencies, as well as from the private sector, 
in order to assess the nature and scope of terrorist threats to 
the United States and to evaluate those threats in light of 
U.S. vulnerabilities. Through a series of briefings at the 
staff level during the 108th Congress, the Subcommittee 
conducted significant oversight as to whether the Department is 
getting routine intelligence for analysis from all elements of 
the Intelligence Community, and how the creation of the 
Terrorist Threat Integration Center (TTIC) outside of DHS, and 
subsequently, the National Counterterrorism Center, has or will 
impact the Department's ability to carry out its statutory 
mandates in this area. Subcommittee Members and Committee staff 
also received routine, classified threat briefings from the DHS 
Office of Information Analysis between May and December 2004.
    Based on this oversight, the Full Committee and 
Subcommittee Chairmen developed and introduced legislation as 
part of the overall effort to develop a Fiscal Year 2005 
Department of Homeland Security authorization bill, that would 
require the improvement of secure communications and 
information technology infrastructure to provide for increased 
speed and flexibility of information sharing. This legislation, 
H.R. 4930, the ``Homeland Security Information Sharing and 
Analysis Enhancement Act of 2004'' would strengthen the 
requirement that the Department receives from the Intelligence 
Community immediate and automatic access to information related 
to threats of terrorist attacks against the United States, and 
that, except where specifically agreed, the Intelligence 
Community cannot satisfy this obligation merely by providing 
the information to TTIC.

                       Terrorist Screening Center

    On September 16, 2003, President Bush issued Homeland 
Security Presidential Directive 6 (HSPD-6), creating the 
Terrorist Screening Center (TSC) to integrate government watch 
lists and provide operational support to Federal, State and 
local agencies around the country. The Subcommittee actively 
reviewed, through briefings and hearings, the progress of the 
TSC during the 108th Congress. The Subcommittee focused on 
efforts to integrate and reconcile the various databases and 
sources of the various Federal agencies, and the ability of the 
TSC to provide rapid and accurate information to Federal, 
State, and local authorities.
    Subcommittee staff received briefings in December 2003 and 
January 2004 to monitor progress, and on March 25, 2004, the 
Subcommittee on Intelligence and Counterterrorism and the 
Subcommittee on Crime, Terrorism, and Homeland Security of the 
Committee on the Judiciary held a joint hearing entitled 
``Progress in Consolidating Terrorist Watchlists--the Terrorist 
Screening Center (TSC).'' Testimony was received from Donna A. 
Bucella, Director, Terrorist Screening Center, Federal Bureau 
of Investigation; Mr. Charlie Bartoldus, Director of the 
National Targeting Center, Customs and Border Protection, 
Department of Homeland Security; Mr. Jim McMahon, Director, 
Office of Public Security, State of New York; and Mr. Jerry 
Berman, President, Center for Democracy and Technology and 
Member, Markle Foundation Task Force on National Security in 
the Information Age. The hearing reviewed the progress to date 
of the TSC, and its integration with the operations and 
screening conducted by the Department of Homeland Security.

                        Open-Source Intelligence

    During the 108th Congress, the Subcommittee examined the 
potential benefits of open-source intelligence and related 
information to our Nation's War on Terrorism, and the lack of a 
single, reliable, comprehensive, and accessible system to 
provide such information to Federal, State, and local officials 
protecting the homeland. As part of this effort, on December 
29, 2003, the Chairman of the Subcommittee on Intelligence and 
Counterterrorism sent an oversight letter to the Undersecretary 
for Information Analysis and Infrastructure Protection 
emphasizing the importance of Open-Source Intelligence (OSINT) 
and the need for a more domestically focused OSINT effort as a 
compliment to the Foreign Broadcast Information Service. A 
similar recommendation was included in National Commission on 
Terrorist Attacks Upon the United States (9/11 Commission) 
report issued in July 2004.

 Information Analysis and Infrastructure Protection Directorate Budget

    During the 108th Congress, the Subcommittee closely 
reviewed the Fiscal Year 2005 proposed budget for the 
Information Analysis and Infrastructure Protection (IAIP) 
Directorate of the Department of Homeland Security. In addition 
to several briefings on this topic in February 2004, the 
Subcommittee on Intelligence and Counterterrorism held a joint 
hearing on March 4, 2004, with theSubcommittee on 
Infrastructure and Border Security, entitled ``The Department of 
Homeland Security's Information Analysis and Infrastructure Protection 
Budget Proposal for Fiscal Year 2005.'' Testimony was received from the 
Honorable Frank Libutti, Under Secretary for Information Analysis and 
Infrastructure Protection, Department of Homeland Security. The hearing 
reviewed the proposed Fiscal Year 2005 budget plans and authorization 
needs for IAIP, in light of its responsibilities under the Homeland 
Security Act of 2002 (P.L. 107-296), and to examine the Department's 
current initiatives and future plans for IAIP.
    In addition, on March 10, 2004, the Subcommittee on 
Intelligence and Counterterrorism held a hearing entitled ``The 
Department of Homeland Security Proposed Information Analysis 
Budget for Fiscal Year 2005.'' Testimony was received from 
Lieutenant General Patrick Hughes (Ret.), Assistant Secretary 
for Information Analysis, Department Homeland Security. The 
hearing reviewed the budget plans and authorization needs for 
the Office of Information Analysis (IA), and to examine the 
Department's current initiatives and future plans in the 
information analysis and sharing area. Since much of the IA 
budget is classified, only the unclassified portions were 
examined during the public hearing. Subcommittee staff received 
a briefing on the classified portion separately on March 19, 
2004.

                           Threat Advisories

    Under the Homeland Security Act of 2002 (P.L. 107-296) and 
a subsequent Memorandum of Understanding between the relevant 
Federal agencies, the Department of Homeland Security is given 
primary responsibility for the issuance and coordination of 
Federal threat advisories and recommended protective actions 
with respect to potential acts of terrorism within the United 
States. As part of the Committee's oversight in this area, the 
Chairman of the Subcommittee on Intelligence and 
Counterterrorism joined with the Chairman of the Full Committee 
on April 8, 2004, and sent a letter to the Secretary of the 
Department of Homeland Security requesting information relating 
to the coordination between the Federal Bureau of Investigation 
(FBI) and the Department of Homeland Security with respect to 
the issuance of threat advisories, focusing on a March 24, 2004 
advisory issued by the FBI. Committee staff received several 
briefings on this topic in response to this letter and other 
related events, examining the process by which DHS and the FBI 
consider threat information and collaborate on advisories, and 
the methods by which this information is disseminated to the 
proper authorities, including critical infrastructure owners 
and operators and private-sector representatives.

                      DHS Intelligence Operations

    During the 108th Congress, the Subcommittee reviewed the 
various intelligence units and offices within the Department of 
Homeland Security, to examine the level of coordination and 
integration in their operations and activities. Between May and 
September 2004, Committee staff met with and received briefings 
from the intelligence operations of the following DHS elements 
on one or more occasions: the Transportation Security 
Administration, the U.S. Coast Guard, the Bureau of Customs and 
Border Protection (including the National Targeting Center), 
the Bureau of Immigration and Customs Enforcement, the Office 
of Information Analysis, and the Homeland Security Operations 
Center. In addition, Committee staff met with representatives 
from the Human Smuggling and Trafficking Center, which is an 
interagency effort of the Departments of Homeland Security, 
Justice, and State, to examine the sharing of intelligence 
information between the Center and various DHS operational 
elements.

                      Personnel and Hiring Issues

    The Subcommittee conducted extensive oversight regarding 
personnel and hiring issues with the Information Analysis and 
Infrastructure Protection (IAIP) Directorate. As part of this 
review, Committee staff received several briefings on the 
Directorate's efforts to fill its numerous vacancies, and 
examined issues relating to the use of contractors, competition 
from other intelligence agencies, and the security clearance 
process. With respect to the security clearance process, the 
Subcommittee reviewed alternatives to the Office of Personnel 
Management (OPM) process, and how the Department could utilize 
its own law enforcement entities to help speed security 
investigations for IAIP personnel. Consistent with the 
oversight efforts, OPM subsequently gave the Department 
permission to use its own law enforcement agencies to assist 
with the clearance process on a temporary basis.
    The Subcommittee also examined the efforts of IAIP to 
develop a comprehensive workforce plan for Department 
intelligence analysts, and whether the Directorate needed 
additional flexibility with respect to personnel recruitment 
and retention. This oversight led the Subcommittee and Full 
Committee Chairmen to include in H.R. 4930, the ``Homeland 
Security Information Sharing and Analysis Enhancement Act of 
2004,'' as part of the overall effort to develop a Fiscal Year 
2005 Department of Homeland Security authorization bill, a 
provision which would help IAIP recruit full-time employees by 
providing temporary authorities for the payment of enhanced 
recruitment bonuses and a waiver of restrictions associated 
with the re-employment of Federal annuitants.

                            Terrorist Travel

    As part of the Committee's oversight relating to the report 
and recommendations of the National Commission on Terrorist 
Attacks Upon the United States (9/11 Commission), Committee 
staff conducted numerous site visits and briefings to examine, 
among other issues, the sharing and analysis of intelligence 
information relating to terrorist travel. In addition, on 
September 30, 2004, the Subcommittee on Intelligence and 
Counterterrorism and the Subcommittee on Infrastructure and 
Border Security held a joint hearing entitled ``Disrupting 
Terrorist Travel: Safeguarding America's Borders Through 
Information Sharing.'' Testimony was received from Lt. General 
Patrick Hughes (Ret.), Assistant Secretary, Information 
Analysis, Department of Homeland Security; the Honorable C. 
Stewart Verdery, Jr., Assistant Secretary, Border and 
Transportation Security Policy and Planning, Department of 
Homeland Security; and Dr. Lawrence M. Wein, Professor, 
Graduate School of Business, Stanford University. The hearing 
reviewed the need for the Department to continue to develop and 
expand its ability to analyze terrorist techniques, patterns, 
indicators, and trends, and to share such information in a 
timely manner to enable front-line Department personnel to 
identify, intercept, and disrupt terrorists attempting to 
travel into and within the United States. The hearing also 
examined the sufficiency of the technologies used in the US-
VISIT program.This oversight led to the development and 
introduction of legislative provisions to enhance DHS efforts 
in this area, which were included as part of S. 2845, the 
``Intelligence Reform and Terrorism Prevention Act of 2004'' 
(see Legislative Activity section).

         National Guard Support for the Global War on Terrorism

    As part of the Committee's oversight of Department of 
Defense homeland security activities, on October 15, 2003, 
Members of the Subcommittee on Intelligence and 
Counterterrorism traveled to the Army National Guard Readiness 
Center in Arlington, Virginia, where they received a briefing 
on National Guard Bureau support to the Global War on 
Terrorism, including a homeland defense update, and Continental 
United States (CONUS) counter-terrorism efforts.

    Subcommittee on Intelligence and Counterterrorism Hearings Held

    Does the Homeland Security Act of 2002 Give the Department 
the Tools It Needs to Determine Which Bio-Warfare Threats Are 
Most Serious? Joint hearing with the Subcommittee on Emergency 
Preparedness and Response. Hearing held on June 5, 2003. 
PRINTED, Serial No. 108-8.
    Improvements to Department of Homeland Security Information 
Sharing Capabilities--Vertical and Horizontal Intelligence 
Communications. Hearing held on July 24, 2003. PRINTED, Serial 
No. 108-21.
    Addressing the Security Needs of the West. Hearing held on 
August 21, 2003. PRINTED, Serial No. 108-22.
    The Department of Homeland Security's Information Analysis 
and Infrastructure Protection Budget Proposal for Fiscal Year 
2005. Joint hearing held with the Subcommittee on 
Infrastructure and Border Security. Hearing held on March 4, 
2004. PRINTED, Serial No. 108-39.
    The Department of Homeland Security Proposed Information 
Analysis Budget for Fiscal Year 2005. Hearing held on March 10, 
2004. PRINTED, Serial No. 108-40.
    Progress in Consolidating Terrorist Watchlists--the 
Terrorist Screening Center (TSC). Joint hearing with the 
Committee on the Judiciary, Subcommittee on Crime, Terrorism, 
and Homeland Security. Hearing held on March 25, 2004. PRINTED, 
Serial No. 108-43). (Printed by the Committe on the Judiciary, 
Serial No. 86).
    Disrupting Terrorist Travel: Safeguarding America's Borders 
Through Information Sharing. Joint hearing with the 
Subcommittee on Infrastructure and Border Security. Hearing 
held on September 30, 2004. PRINTED, Serial No. 108-60.
                         Subcommittee on Rules

  LINCOLN DIAZ-BALART, Florida, 
             Chairman

LOUISE McINTOSH SLAUGHTER, New York  JENNIFER DUNN, Washington
BENNIE G. THOMPSON, Mississippi      F. JAMES SENSENBRENNER, Wisconsin
LORETTA SANCHEZ, California          DAVID DREIER, California
ZOE LOFGREN, California              CURT WELDON, Pennsylvania
KAREN McCARTHY, Missouri             JOHN LINDER, Georgia
BEN CHANDLER, Kentucky               PETE SESSIONS, Texas
JIM TURNER, Texas, ex officio        Vacancy
                                     CHRISTOPHER COX, California, ex 
                                     officio

Jurisdiction: study of the operation and implementation of the House 
Rules with respect to homeland security; examination of jurisdictional 
disputes and overlap related to the Department of Homeland Security, 
and homeland security in general; consideration of changes to the House 
Rules, pursuant to Section 4(b)(3) of H. Res. 5, necessary to ensure 
effective oversight of the Department of Homeland Security, and 
homeland security in general; relevant oversight.
                              ----------                              

    During the 108th Congress, the Subcommittee on Rules 
examined the existing committee structure and jurisdiction of 
the House of Representatives with respect to homeland security 
matters. The Subcommittee also examined past House practices 
for guidance with respect to the Subcommittee's mission. The 
Subcommittee conducted a series of hearings to gain 
perspectives on House reform, receiving testimony on this 
subject and ideas for reform from over 25 expert witnesses at 
four hearings, including former Speakers of the House, former 
Committee chairmen, current Committee chairmen, outside 
academics, the first Secretary of Energy, and the House 
Parliamentarian. A summary of these hearings and related 
activity is described below.

                         Lessons From the Past

    On May 19, 2003, the Subcommittee on Rules held a hearing 
entitled ``Perspectives on House Reform: Lessons from the 
Past.'' Testimony was received from: the Honorable Charles 
Johnson, Parliamentarian, U.S. House of Representatives; Norman 
Ornstein, American Enterprise Institute for Public Policy 
Research; and Thomas Mann, the Brookings Institution. Through 
this hearing, the Subcommittee examined past House practices 
and relevant lessons for the Subcommittee's mission.

                  Committees and the Executive Branch

    On July 10, 2003, the Subcommittee held a hearing entitled 
``Perspectives on House Reform: Committees and the Executive 
Branch.'' Testimony was received from: the Honorable James 
Schlesinger, Chairman, Mitre Corporation, former Secretary of 
Energy, Secretary of Defense, and Director of Central 
Intelligence; Dr. David King, Associate Professor of Public 
Policy, the Kennedy School of Government, Harvard University; 
Dr. James A. Therber, Professor and Director, Center for 
Congressional and Presidential Studies, School of Public 
Affairs, American University; and Mr. Donald Wolfensberger, 
Director, Congress Project, Woodrow Wilson International Center 
for Scholars. This Subcommittee hearing focused on 
recommendations from outside experts, including testimony from 
the first Secretary of Energy, Dr. James Schlesinger.

                          Former House Leaders

    On September 9, 2003, the Subcommittee on Rules held a 
hearing entitled ``Perspectives on House Reform: Former House 
Leaders.'' Testimony was received from the Honorable Newt 
Gingrich, former Speaker of the House; theHonorable Robert S. 
Walker, former Representative from the Commonwealth of Pennsylvania 
(January 3, 1977-January 3, 1997) and former Chairman, Committee on 
Science; and the Honorable Lee Hamilton, former Representative from the 
State of Indiana (January 3, 1965-January 3, 1999) and former Chairman 
of the Select Committee on Intelligence and the Committee on Foreign 
Affairs.
    At this third Subcommittee hearing, the Subcommittee 
received testimony from four of the most knowledgeable former 
Members of Congress with respect to House Rules and the 
management of the House of Representatives, as they pertain to 
homeland security jurisdictional reform.

           Homeland Security Jurisdiction: Committee Leaders

    On March 24, 2004, the Subcommittee on Rules held a hearing 
entitled ``Homeland Security Jurisdiction: The Perspective of 
Committee Leaders.'' Testimony was received from the Honorable 
Bob Goodlatte, Chairman, Committee on Agriculture; the 
Honorable Charles W. Stenholm, Ranking Member, Committee on 
Agriculture; the Honorable Joe Barton, Chairman, Committee on 
Energy and Commerce; the Honorable John D. Dingell, Ranking 
Member, Committee on Energy and Commerce; the Honorable Tom 
Davis, Chairman, Committee on Government Reform; the Honorable 
Henry A. Waxman, Ranking Member, Committee on Government 
Reform; the Honorable F. James Sensenbrenner, Jr., Chairman, 
Committee on the Judiciary; the Honorable James L. Oberstar, 
Ranking Member, Committee on Transportation and Infrastructure; 
the Honorable John Mica, Chairman, Subcommittee on Aviation, 
Committee on Transportation and Infrastructure; the Honorable 
William M. Thomas, Chairman, Committee on Ways and Means; the 
Honorable Porter Goss, Chairman, Permanent Select Committee on 
Intelligence; and the Honorable Jane Harman, Ranking Member, 
Permanent Select Committee on Intelligence.
    Additional statements were received from: the Honorable 
C.W. Bill Young, Chairman, Committee on Appropriations; the 
Honorable Michael G. Oxley, Chairman, Committee on Financial 
Services; the Honorable Barney Frank, Ranking Member, Financial 
Services; the Honorable Henry J. Hyde, Chairman, Committee on 
International Relations; the Honorable Tom Lantos, Ranking 
Member, Committee on International Relations; the Honorable 
Sherwood Boehlert, Chairman, Committee on Science; the 
Honorable Bart Gordon, Ranking Member, Committee on Science; 
the Honorable Don Young, Chairman, Committee on Transportation 
and Infrastructure; and the Honorable Charles B. Rangel, 
Ranking Member, Committee on Ways and Means.
    The Chairmen and Ranking Members of the Standing Committees 
of the House of Representatives provided their views with 
respect to potential jurisdictional changes in Rule X of the 
Rules of the House of Representatives as they relate to the 
Department of Homeland Security and homeland security matters 
generally.
    In preparation for this hearing, Subcommittee staff also 
met with the staff of committees that might be most affected by 
jurisdictional changes to discuss their concerns. From December 
2003 to February 2004, Subcommittee staff, on a bipartisan 
basis, met with representatives from the following House 
committees: Transportation and Infrastructure; Agriculture; 
Government Reform; Ways and Means; Judiciary; Financial 
Services; International Relations; Armed Services; Science; 
Energy and Commerce; and Appropriations.

                  Subcommittee on Rules Hearings Held

    Perspectives on House Reform: Lessons from the Past. 
Hearing held on May 19, 2003. PRINTED--Serial No. 108-5.
    Perspectives on House Reform: Committees and the Executive 
Branch. Hearing held on July 10, 2003. PRINTED, Serial No. 108-
15.
    Perspectives on House Reform: Former House Leaders. Hearing 
held on September 9, 2003. PRINTED--Serial No. 108-24.
    Homeland Security Jurisdiction: The Perspective of 
Committee Leaders. Hearing held on March 24, 2004. PRINTED--
Serial No. 108-42.
Recommendations of the Select Committee on Homeland Security on Changes 
 to the Rules of the House of Representatives With Respect to Homeland 
                            Security Issues

The Need for a Permanent Standing Committee on Homeland Security
    The 9/11 terrorists exploited longstanding policy, 
structural, and programmatic gaps in America's homeland 
security caused by the separation of foreign from domestic 
intelligence, the division of ``national security'' and ``law 
enforcement'' information and activities, and the stove-piped 
and uncoordinated nature of our multi-agency border and 
transportation security systems. Since then, Congress and the 
President have collaborated in a fundamental re-focusing of 
executive branch agencies to close those gaps, particularly by 
creating the Department of Homeland Security (DHS), but also 
through a wide variety of other initiatives, such as the 
Terrorist Threat Integration Center (TTIC), the Terrorist 
Screening Center (TSC), and the proposed National Intelligence 
Director (NID) and National Counterterrorism Center (NCTC).
    Despite this significant Executive Branch reorganization, 
Congressional structures remain almost the same as they were 
before the 9/11 attacks. Scores of committees and subcommittees 
of the Congress have some claim to jurisdiction over various 
elements of the Department of Homeland Security (DHS), with six 
standing committees claiming some jurisdiction over critical 
border security functions of the Department. This creates chaos 
for the Department. Since January 2004, senior officials from 
the Department have had to testify at more than 160 
Congressional hearings--an average of 20 each month.
    Creating a permanent standing Committee on Homeland 
Security, commencing in the 109th Congress, is necessary if the 
House of Representatives is effectively to meet its legislative 
and oversight responsibilities with respect to homeland 
security programs and activities, particularly those of DHS. 
The current diffused and unfocused congressional jurisdiction 
over the Department of Homeland Security, and homeland security 
in general, not only imposes extraordinary burdens on the 
Department, but makes it far more difficult for the Congress to 
guide the Department's activities in a consistent and focused 
way that promotes integration and eliminates programmatic 
redundancies, and advances implementation of a coherent 
national homeland security strategy. Current legislative 
``silos'' foster--and, if left unchanged, will continue to 
foster--fragmentation within DHS as it struggles to build a new 
common culture focused squarely on the homeland security 
mission.
    For these reasons, not only the 9/11 Commission, but 
virtually every other commission and outside expert has 
recognized that effective and efficient legislation and 
oversight with respect to homeland security requires 
congressional reorganization that vests in a single standing 
committee in each chamber jurisdiction that parallels the 
homeland security mission of preventing, preparing for, and 
responding to acts of terrorism in the United States. A select 
committee, while appropriate in certain situations, would not 
be conducive to fostering the clear lines of accountability and 
responsibility that are necessary when dealing with the variety 
and cross-cutting nature of homeland security programs and 
activities situated largely in a single Department.
    The success of this endeavor requires that the new standing 
committee have legislative and oversight jurisdiction broad 
enough to ensure that it can take a holistic approach toward 
homeland security issues, and that the unnecessarily heavy 
burden the Department of Homeland Security now bears in 
interacting with a vast array of committees and subcommittees 
in both Houses of the Congress is drastically reduced.
    In carrying out this consolidation, it is important to 
craft the right balance between the jurisdiction of the new 
standing Committee on Homeland Security and that of existing 
committees. The Homeland Security Act of 2002 offers a 
congressionally-created road map to jurisdictional reform that 
focuses on the structure, organization, capabilities, and 
mission of the Department itself. The House must reorganize the 
committee structure so that the new homeland security mission 
is provided sustained and consistent attention.
Recommendations on Changes to Rule X With Respect to Homeland Security
    Pursuant to House Resolution 5, the Select Committee on 
Homeland Security makes the following recommendations for 
changes to Rule X regarding the reorganization of jurisdiction 
within the House with respect to homeland security matters:

                   RULE X--ORGANIZATION OF COMMITTEES

Committees and their legislative jurisdictions
    1. There shall be in the House the following standing 
committees, each of which shall have the jurisdiction and 
related functions assigned by this clause and clauses 2, 3, and 
4. All bills, resolutions, and other matters relating to 
subjects within the jurisdiction of the standing committees 
listed in this clause shall be referred to those committees, in 
accordance with clause 2 of Rule XII, as follows:
    (a) Committee on Agriculture. [No changes].
    (b) Committee on Appropriations. [No changes].
    (c) Committee on Armed Services. [No changes].
    (d) Committee on the Budget. [No changes].
    (e) Committee on Education and the Workforce. [No changes].
    (f) Committee on Energy and Commerce. Add at end: ``In the 
case of each of the foregoing, the committee's jurisdiction 
shall not include responsibilities of the Department of 
Homeland Security.''
    (g) Committee on Financial Services. Add at end: ``In the 
case of each of the foregoing, the committee's jurisdiction 
shall not include responsibilities of the Department of 
Homeland Security.''
    (h) Committee on Government Reform. [No changes].
    (i) Committee on House Administration. [No changes].
    (j) Committee on International Relations. Add at end: ``In 
the case of each of the foregoing, the committee's jurisdiction 
shall not include responsibilities of the Department of 
Homeland Security.''
    (k) Committee on the Judiciary.
          (8) Immigration and naturalization (except for 
        Department of Homeland Security responsibility for 
        security of United States borders and ports of entry, 
        including the Department's responsibilities for visas 
        and other forms of permission to enter the United 
        States, and immigration enforcement).
          (18) Subversive activities affecting the internal 
        security of the United States (except for 
        responsibilities of the Department of Homeland 
        Security).
    (l) Committee on Resources. [No changes].
    (m) Committee on Rules. [No changes].
    (n) Committee on Science. [No changes].
    (o) Committee on Small Business. [No changes].
    (p) Committee on Standards of Official Conduct. [No 
changes].
    (q) Committee on Transportation and Infrastructure.
          (1) Non-homeland security missions of the Coast 
        Guard, including lifesaving service, lighthouses, 
        lightships, ocean derelicts, and the Coast Guard 
        Academy.
          (2) Federal management of natural disasters.
          (18) Related transportation regulatory agencies 
        (except for responsibilities of the Department of 
        Homeland Security).
          (20) Transportation, including railroads, water 
        transportation, transportation safety (except 
        automobile safety), transportation infrastructure, 
        transportation labor, and railroad retirement and 
        unemployment (except revenue measures related thereto); 
        in each case exclusive of the responsibilities of the 
        Department of Homeland Security.
          (22) Civil aviation, including safety and commercial 
        impact of security measures.
    (r) Committee on Veterans' Affairs. [No changes].
    (s) Committee on Ways and Means.
          (1) Customs revenue functions, including with respect 
        to collection districts and ports of entry and 
        delivery.
    General oversight responsibilities. [No changes].
    Special oversight functions. [No changes].

           *       *       *       *       *       *       *

    Permanent Select Committee on Intelligence.
          11. (a)(1) There is established a Permanent Select 
        Committee on Intelligence (hereafter in this clause 
        referred to as the ``select committee''). The select 
        committee shall be composed of not more than 18 
        Members, Delegates, or the Resident Commissioner, of 
        whom not more than 10 may be from the same party. The 
        select committee shall include at least one Member, 
        Delegate, or the Resident Commissioner from each of the 
        following committees:
                  (A) the Committee on Appropriations;
                  (B) the Committee on Armed Services;
                  (C) the Committee on Homeland Security;
                  (D) the Committee on International Relations; 
                and
                  (E) the Committee on the Judiciary.
    Committee on Homeland Security.
          12. (a)(1) There is hereby established a permanent 
        standing Committee on Homeland Security (hereafter in 
        this clause referred to as the ``committee''), which 
        shall be composed of not more than 29 Members, 
        Delegates, or the Resident Commissioner, of whom not 
        more than 16 may be from the same party.
          (2) The Speaker and the Minority Leader shall be ex 
        officio members of the committee but shall have no vote 
        in the committee and may not be counted for purposes of 
        determining a quorum thereof.
          (3) The Speaker and Minority Leader each may 
        designate a member of his leadership staff to assist 
        him in his capacity as ex officio member, with the same 
        access to committee meetings, hearings, briefings, and 
        materials as employees of the committee and subject to 
        the same security clearance and confidentiality 
        requirements as employees of the committee under 
        applicable Rules of the House.
          (b) There shall be referred to the committee proposed 
        legislation, messages, petitions, memorials, and other 
        matters related to--
                  (1) Homeland security generally.
                  (2) The Department of Homeland Security 
                (except with respect to Federal management of 
                natural disasters, the non-homeland security 
                missions of the Coast Guard, and immigration 
                and naturalization matters unrelated to 
                homeland security).
                  (3) The integration, analysis, and sharing of 
                homeland security information related to the 
                risk of terrorism within the United States.
                  (4) The dissemination of terrorism threat 
                warnings, advisories, and other homeland 
                security-related communications to State and 
                local governments, the private sector, and the 
                public.
                  (5) Department of Homeland Security 
                responsibility for research and development in 
                support of homeland security, including 
                technological applications of such research.
                  (6) Department of Homeland Security 
                responsibility for security of United States 
                borders and ports of entry (unrelated to 
                customs revenue functions), including the 
                Department's responsibilities related to visas 
                and other forms of permission to enter the 
                United States.
                  (7) Enforcement of Federal immigration laws 
                (except for responsibilities of the Department 
                of Justice).
                  (8) Security of United States air, land, and 
                maritime transportation systems.
                  (9) Customs functions, other than customs 
                revenue functions.
                  (10) Department of Homeland Security 
                responsibility for Federal, State, and local 
                level preparation to respond to acts of 
                terrorism.
          (c) In addition to the general oversight 
        responsibilities described in clause 2, the committee 
        shall review, study, and coordinate on a continuing 
        basis laws, programs, and Government activities related 
        to all aspects of homeland security.
          (d) The committee shall have exclusive authorizing 
        and primary oversight jurisdiction with respect to the 
        Department of Homeland Security's responsibilities and 
        activities related to the prevention of, preparation 
        for, and response to acts of terrorism within the 
        United States. The committee also shall have 
        jurisdiction over the other responsibilities and 
        activities of the Department of Homeland Security, 
        except as specified in subsection (b) (2).
          (e) Subject to the Rules of the House, funds may not 
        be appropriated for a fiscal year, with the exception 
        of a bill or joint resolution continuing 
        appropriations, or an amendment thereto, or a 
        Conference report thereon, to, or for use of, the 
        Department of Homeland Security to prevent, prepare 
        for, or respond to acts of terrorism in the United 
        States, unless the funds shall previously have been 
        authorized by a bill or joint resolution passed by the 
        House during the same or preceding fiscal year to carry 
        out such activity for such fiscal year.
          (f) No referrals of legislation, executive 
        communication, or any other action taken in the 108th 
        Congress with regard to the Select Committee on 
        Homeland Security or any other committee of the House 
        shall be considered to be a precedent for referrals of 
        any homeland security-related measures in the current 
        Congress.
                          A P P E N D I C E S

                              ----------                              


   Appendix I--Rules of Procedure for the House Select Committee on 
                           Homeland Security

    Rules of Procedure Adopted March 4, 2003,

                        1. CONVENING OF MEETINGS

    The regular meeting date and time for the transaction of 
business of the Select Committee on Homeland Security (the 
Committee) shall be at 9 o'clock a.m. on the first Friday of 
each month, unless otherwise directed by the Chairman.
    The date, time, place and subject matter of any hearing of 
the Committee shall, except as provided elsewhere in these 
rules, be announced at least one week in advance of the 
commencement of such hearing. The notice requirement may be 
abridged or waived in extraordinary circumstances, as 
determined by the Chairman with the concurrence of the Ranking 
Minority Member.
    The date, time, place and subject matter of any meeting, 
other than a hearing or a regularly scheduled meeting, shall be 
announced at least 36 hours in advance for a meeting taking 
place on a day the House is in session, and 72 hours in advance 
of a meeting taking place on a day the House is not in session, 
except in the case of a special meeting called under Clause 
2(c)(2) of House Rule XI.

                 2. PREPARATIONS FOR COMMITTEE MEETINGS

    Under direction of the Chairman and Ranking Minority 
Member, designated majority and minority committee staff, 
respectively, shall brief Members of the Committee at a time 
sufficiently prior to any Committee meeting to assist the 
Committee Members in preparation for such meeting and to 
recommend any matter which the Committee Members might wish 
considered during any meeting. Such briefing shall, at the 
request of a Member, include a list of all pertinent papers and 
other materials that have been obtained by the Committee that 
bear on matters to be considered at the meeting.

                         3. MEETING PROCEDURES

    Meetings of the Committee shall be open to the public 
except that a meeting or any portion thereof may be closed to 
the public if the Committee determines by record vote in open 
session and with a majority present that the matters to be 
discussed or the testimony to be taken on such matters would 
endanger national security, would compromise sensitive law 
enforcement information, would tend to defame, degrade or 
incriminate any person, or otherwise would violate any rule of 
the House. The determination whether any such discussion or 
testimony, or papers and other materials in connection 
therewith, shall be presented in open or executive session 
shall be made by the Chairman in conformity with the rules of 
the House and these rules. Opening statements at any hearing, 
mark-up, or other meeting of the Committee or any sub-committee 
may be given by any Member who is present within five minutes 
after the hearing, mark-up, or other meeting is called to 
order, in his or her discretion, in each case not to exceed 
three minutes. With the consent of the Committee, prior to the 
recognition of the first witness for testimony, any Member, 
when recognized for opening statement, may completely defer his 
or her three-minute opening statement and instead use those 
three minutes during the initial round of witness questioning.
    One-third of the Members of the Committee shall constitute 
a quorum for the transaction of business, except in the 
following circumstances, in which a quorum shall be a majority 
of the Committee: ordering a report; entering executive 
session; releasing executive session material; issuing a 
subpoena; immunizing a witness; and reporting contempt. Two 
Members shall constitute a quorum for the purpose of holding 
hearings to take testimony and receive evidence.
    In full Committee or subcommittee, the Chairman may 
postpone further proceedings when a record vote is ordered on 
the question of approving any measure or matter or adopting an 
amendment. The Chairman may resume proceedings on a postponed 
vote at any time, provided that all reasonable steps have been 
taken to notify Members of the resumption of such proceedings. 
When proceedings resume on a postponed question, 
notwithstanding any intervening order for the previous 
question, an underlying proposition shall remain subject to 
further debate or amendment to the same extent as when the 
question was postponed.
    Whenever the Committee by roll call vote reports any 
measure or matter, the report of the Committee upon such 
measure or matter shall include a tabulation of the votes cast 
in favor of, and the votes cast in opposition to, such measure 
or matter, or any amendment thereto. If at the time of the 
approval of a measure or a matter by the Committee a Member of 
the Committee gives notice of intention to file supplemental, 
minority, or additional views for inclusion in the report to 
the House thereon, that Member shall be entitled to not less 
than three additional calendar days after the day of such 
notice (excluding Saturdays, Sundays, and legal holidays except 
when the House is in session on such a day) to file such views, 
in writing and signed by the Member, with the Clerk of the 
Committee.

            4. PROCEDURES RELATED TO THE TAKING OF TESTIMONY

    Notice. Reasonable notice shall be given to all witnesses 
appearing before the Committee.
    Oath or Affirmation. Testimony of witnesses shall be given 
under oath or affirmation which may be administered by the 
Chairman or his designee, except that the Chairman of the 
Committee may not require an oath or an affirmation where the 
Chairman determines that it would not be appropriate under the 
circumstances.
    Questioning of Witnesses. Committee questioning of 
witnesses shall be conducted by Members of the Committee and 
such committee staff as are authorized by the Chairman or 
presiding Member. In the course of any hearing, each Member 
shall be allowed five minutes for the questioning of a witness 
until such time as each Member who so desires has had an 
opportunity to question the witness. The Chairman, or the 
Committee by motion, may permit an equal number of majority and 
minority Members to question a witness for a specified, total 
period that is equal for each side and not longer than thirty 
minutes for each side. The Chairman, or the Committee by 
motion, may permit Committee staff of the majority and minority 
to question a witness for a specified, total period that is 
equal for each side and not longer than thirty minutes for each 
side.
    Counsel for the Witness. Any witness may be accompanied by 
counsel. A witness who is unable to obtain counsel may notify 
the Committee of such fact. If the witness informs the 
Committee of this fact at least 24 hours prior to the witness' 
appearance before the Committee, the Committee shall then 
endeavor to obtain voluntary counsel for the witness. Failure 
to obtain counsel will not excuse the witness from appearing 
and testifying.
    Statements by Witnesses. A witness may make a statement, 
which shall be brief and relevant, at the beginning of the 
witness' testimony. Such statements shall not exceed a 
reasonable period of time as determined by the Chairman, or 
other presiding Member. Any witness desiring to submit a 
prepared or written statement for the record of the proceedings 
shall file a copy with the Clerk of the Committee, and insofar 
as practicable and consistent with the notice given, shall do 
so no less than 72 hours in advance of the witness' appearance 
before the Committee.
    Objections and Ruling. Any objection raised by a witness or 
counsel shall be ruled upon by the Chairman or other presiding 
Member, and such ruling shall be the ruling of the Committee 
unless a majority of the Committee present fails to sustain the 
ruling of the chair.
    Transcripts. A transcript shall be made of the testimony of 
each witness appearing before the Committee during a Committee 
hearing.
    Inspection and Correction. All witnesses testifying before 
the Committee shall be given a reasonable opportunity to 
inspect the transcript of their testimony to determine whether 
such testimony was correctly transcribed. The witness may be 
accompanied by counsel. Such counsel shall have the appropriate 
clearance necessary to review any classified aspect of the 
transcript. Any corrections the witness desires to make in the 
transcript shall be submitted in writing to the committee 
within five days from the date when the transcript was made 
available to the witness. Corrections shall be limited to 
grammar and minor editing, and may not be made to change the 
substance of the testimony. Any questions arising with respect 
to such corrections shall be decided by the Chairman. Upon 
request, those parts of testimony given by a witness in 
executive session which are subsequently quoted or made part of 
the public record shall be made available to that witness at 
the witness' expense.
    Minority Witnesses. Whenever a hearing is conducted by the 
Committee or any subcommittee upon any measure or matter, the 
minority party Members on the Committee or subcommittee shall 
be entitled, upon request to the Chairman by a majority of 
those minority Members before the completion of such hearing, 
to call witnesses selected by the minority to testify with 
respect to that measure or matter during at least one day of 
hearing thereon.
    Contempt Procedures. No recommendation that a person be 
cited for contempt of Congress shall be forwarded to the House 
unless and until the Committee has, upon notice to all its 
Members, met and considered the alleged contempt. The person to 
be cited for contempt shall be afforded, upon notice of at 
least 72 hours, an opportunity to state why he or she should 
not be held in contempt, prior to a vote of all the committee, 
a quorum being present, on the question whether to forward such 
recommendation to the House. Such statement shall be, in the 
discretion of the Chairman, either in writing or in person 
before the Committee.
    Closing Hearings. Hearings of the Committee shall be open 
to the public unless closed in accordance with Clause 2(g) or 
2(k) of House Rule XI.

          5. SUBPOENAS, SUBPOENAS DUCES TECUM, AND AFFIDAVITS

    Unless otherwise determined by the Committee, the Chairman, 
upon consultation with the Ranking Minority Member, shall 
authorize and issue subpoenas. In addition, the Committee may 
itself vote to authorize and issue subpoenas. Subpoenas shall 
be issued under the seal of the House and attested by the Clerk 
of the House, and may be served by any person designated by the 
Chairman. Subpoenas shall be issued under the Chairman's 
signature or that of a Member designated by the Committee.
    Provisions may be included in a subpoena, by concurrence of 
the Chairman and Ranking Minority Member, or by the Committee, 
to prevent the disclosure of Committee demands for information 
when deemed necessary for the security of information or the 
progress of an investigation, including but not limited to 
prohibiting the revelation by witnesses and their counsel of 
Committee inquiries.
    A subpoena duces tecum may be issued whose return shall 
occur at a time and place other than that of a regularly 
scheduled meeting.
    Requests for investigations, reports, and other assistance 
from any agency of the executive, legislative, and judicial 
branches of the federal government, shall be made by the 
Chairman, upon consultation with the Ranking Minority Member, 
or by the Committee. The Chairman or the Committee may require 
any person who is unavailable to testify as a witness at any 
hearing to submit an affidavit comprising such person's sworn 
testimony for use at such hearing.

                                6. STAFF

    Members of the committee staff shall work collegially, with 
discretion, and always with the best interests of the national 
security foremost in mind. Committee business shall whenever 
possible, take precedence over other official and personal 
business. For the purpose of these rules, Committee staff means 
the employees of the Committee, consultants to the Committee, 
and any other person engaged by contract, or otherwise, to 
perform services for, or at the request of, the Committee, 
including detailees to the extent necessary to fulfill their 
designated roles. All such persons shall be subject to the same 
security clearance and confidentiality requirements as 
employees of the Committee under this rule.
    Committee staff shall be either majority, minority, or 
joint. Majority staff shall be designated by and assigned to 
the Chairman. Minority staff shall be designated by and 
assigned to the Ranking Minority Member. Joint Committee staff 
shall be designated by the Chairman, in consultation with the 
Ranking Minority Member, and assigned to service of the full 
Committee. The Chairman shall certify Committee staff 
appointments, including appointments by the Ranking minority 
Member and joint staff appointments, to the Clerk of the House 
in writing, and such certification shall be submitted to the 
Committee for approval by majority vote.
    The joint Committee staff works for the Committee as a 
whole, under the supervision and direction of the Chairman and 
Ranking Minority Member of the Committee. Except as otherwise 
provided by the Committee, the duties of joint Committee staff 
shall be performed and Committee staff personnel affairs and 
day-to-day operations, including security and control of 
classified documents and material, shall be administered under 
the direction supervision and control of the Staff Director. 
Majority and minority staff appointed by the Chairman and 
Ranking Minority Member, respectively, shall be subject to the 
same operational control and supervision concerning security 
and classified documents and material as are joint Committee 
staff.
    Members of the Committee staff shall not discuss or divulge 
(a) either the classified substance or procedure of the work of 
the Committee, (b) any classified information which comes into 
such person's possession while a member of the Committee staff, 
or (c) any classified information which comes into such 
person's possession by virtue of his or her position as a 
member of the Committee staff, with any person except a Member 
of the Committee, for any purpose, or in connection with any 
proceeding, judicial or otherwise, either during or after the 
person's tenure as a Member of the Committee staff, except on a 
need-to-know basis, as determined by the Committee, and in such 
manner as may be determined by the House or by the Committee.
    No member of the Committee staff shall be employed by the 
Committee unless and until such person agrees in writing, as a 
condition of employment, to notify the Committee, or, after the 
Committee's termination, the House, of any request for 
testimony, either while a member of the Committee staff or at 
any time thereafter, with respect to classified information 
which came into the staff member's possession by virtue of his 
or her position as a member of the Committee staff. Such 
classified information shall not be disclosed in response to 
such requests except as authorized by the Committee, or, after 
the termination of the Committee, in such manner as may be 
determined by the House.
    No member of the Committee staff shall divulge to any 
person any information, including non-classified information, 
which comes into his or her possession by virtue of his or her 
status as a member of the Committee staff, if such information 
may alert the subject of a Committee investigation to the 
existence, nature, or substance of such investigation, unless 
directed to do so by the Committee.
    The Committee shall immediately consider disciplinary 
action in the event any member of the Committee staff fails to 
conform to any of these rules. Such disciplinary action may 
include, but shall not be limited to, immediate dismissal from 
the Committee staff, criminal referral to the Justice 
Department, and notification of the Speaker of the House.

  7. PROCEDURES RELATED TO CLASSIFIED OR SENSITIVE MATERIAL AND OTHER 
                              INFORMATION

    (a) Committee staff offices, including majority and 
minority offices, shall operate under strict security 
precautions administered by the Director of Security of the 
Committee. At least one security officer shall be on duty at 
all times by the entrance to control entry. Before entering the 
office, all persons shall identify themselves.
    (b) Sensitive or classified documents shall be segregated 
in a secure storage area under the supervision of the Security 
Director. They may be examined only in an appropriately secure 
manner.Copying, duplicating, or removal from the secure area of 
the Committee's offices of such documents and other materials is 
prohibited except with leave of the Chairman and Ranking Minority 
Member for use in furtherance of Committee business. No classified 
documents shall be maintained or stored in the majority or minority 
offices. Classified information in any form that is not obtained in 
Committee hearings and is not the property of the Committee or the 
House shall, while in the custody of the Committee, be segregated and 
maintained by the Committee in the same manner as Committee records 
which are classified.
    (c) All Members of the Committee shall at all times have 
access to all records of Committee hearings and all other 
records, data, charts, and files that are the property of the 
Committee. In the case of any such materials that are 
classified, the Security Director shall be responsible for the 
maintenance, under appropriate security procedures, of a 
registry, which will number and identify all classified papers 
and other classified materials in the possession of the 
Committee. Such registry shall also be available to any Member 
of the Committee.
    (d) Members who are not Members of the Committee shall have 
access to all Committee records as described in paragraph (c), 
in the same manner and subject to the same conditions and 
restrictions as Members of the Committee.
    (e) Access to classified information supplied to the 
Committee shall be limited to Committee staff members with 
appropriate security clearance and a need-to-know, as 
determined by the Committee, and under the Committee's 
direction, the Staff Director.
    No Member of the Committee or of the Committee staff shall 
disclose, in whole or in part or by way of summary, to any 
person not a Member of the Committee or the Committee staff for 
any purpose or in connection with any proceeding, judicial or 
otherwise, any testimony given before the Committee in 
executive session, or the contents of any classified papers or 
other classified materials or other classified information 
received by the Committee except as authorized by the Committee 
in a manner consistent with the provisions of these rules, or, 
after the termination of the Committee, in such manner as may 
be determined by the House.
    Before the Committee makes any decision regarding any 
request for access to any testimony, papers or other materials 
in its possession or a proposal to bring any matter to the 
attention of the House or a committee or committees of the 
House, Committee Members shall have a reasonable opportunity to 
examine all pertinent testimony, papers, and other materials 
that have been obtained by the Committee.
    (f) Before a Member, officer, or employee of the Committee 
may have access to classified information, the following oath 
(or affirmation) shall be executed:

          I do solemnly swear (or affirm) that I will not 
        disclose any classified information received in the 
        course of my service on the Select Committee on 
        Homeland Security, except as authorized by the 
        Committee or the House of Representatives or in 
        accordance with the Rules of such Committee or the 
        Rules of the House.

    Copies of the executed oath (or affirmation) shall be 
retained by the Clerk as part of the records of the Committee. 
The Clerk shall make signatures a matter of public record, 
causing the names of each Member who has signed the oath to be 
available each day for public inspection in an appropriate 
office of the Committee offices.

                             SUBCOMMITTEES

    (a) There shall be five standing subcommittees of the 
Committee, with jurisdiction as follows:
          (1) Subcommittee on Infrastructure and Border 
        Security: border security including prevention of 
        importation of illicit weapons, pathogens, narcotics, 
        and other contraband; illegal entry by foreign 
        nationals; land borders, ports, and airspace; 
        integration of federal, state, and local immigration 
        law enforcement; protection of highways, bridges, 
        waterways, airports and air transportation, energy 
        supplies, and other critical infrastructure from 
        attack; preservation of critical government, business, 
        and financial institutions; relevant oversight; and 
        other matters referred to the Subcommittee by the 
        Chairman.
          (2) Subcommittee on Rules: study of the operation and 
        implementation of the House Rules with respect to 
        homeland security; examination of jurisdictional 
        disputes and overlap related to the Department of 
        Homeland Security, and homeland security in general; 
        consideration of changes to the House Rules, pursuant 
        to Section 4(b)(3) of H. Res. 5, necessary to ensure 
        effective oversight of the Department of Homeland 
        Security, and homeland security in general; relevant 
        oversight; and other matters referred to the 
        Subcommittee by the Chairman.
          (3) Subcommittee on Emergency Preparedness and 
        Response: preparation for and response to chemical, 
        biological, radiological, and other attacks on civilian 
        populations; protection of physical infrastructure and 
        industrial assets against terrorist attack; issues 
        related to liability arising from terrorist attack; 
        public health issues related to such attacks; disaster 
        preparedness; coordination of emergency response with 
        and among state and local governments and the private 
        sector; homeland security technology; relevant 
        oversight; and other matters referred to the 
        Subcommittee by the Chairman.
          (4) Subcommittee on Cybersecurity, Science, and 
        Research & Development: security of computer, 
        telecommunications, information technology, industrial 
        control, electric infrastructure, and data systems, 
        including science, research and development related 
        thereto; protection of government and private networks 
        and computer systems from domestic and foreign attack; 
        prevention of injury to civilian populations and 
        physical infrastructure caused by cyber attack; 
        relevant oversight; and other matters referred to the 
        Subcommittee by the Chairman.
          (5) Subcommittee on Intelligence and 
        Counterterrorism: prevention and interdiction of 
        terrorist attacks on American territory; liaison and 
        integration of the Department of Homeland Security with 
        the intelligence community and law enforcement; 
        collection, analysis, and sharing of intelligence among 
        agencies and levels of government as it relates to 
        homeland security; threat identification, assessment 
        and prioritization; integration of intelligence 
        analysis, and sharing of intelligence, with and among 
        federal, state, and local law enforcement; preservation 
        of civil liberties, individual rights, and privacy; 
        relevant oversight; and other matters referred to the 
        Subcommittee by the Chairman.
    (b) Bills, resolutions, and other matters shall be referred 
by the Chairman to the appropriate subcommittee within two 
weeks of receipt by the Committee for consideration or 
investigation in accordance with its fixed jurisdiction. Where 
the subject matter of the referral involves the jurisdiction of 
more than one subcommittee or does not fall within any 
previously assigned jurisdiction, the Chairman may refer the 
matter as he deems advisable. Bills, resolutions, and other 
matters referred to subcommittees may be reassigned by the 
Chairman when, in his judgment, the subcommittee is not able to 
complete its work or cannot reach agreement on the matter. In a 
subcommittee having an even number of Members, if there is a 
tie vote with all Members voting on any measure, the measure 
shall be placed on the agenda for full Committee consideration 
as if it had been ordered reported by the subcommittee without 
recommendation. This provision shall not preclude further 
action on the measure by the subcommittee.
    (c) The full Committee shall have general jurisdiction over 
all programs and activities of the Department of Homeland 
Security, liaison between homeland security agencies and 
programs throughout the federal government, and the Department 
of Homeland Security, state and local homeland security, and 
such other matters within the jurisdiction of each subcommittee 
as may be referred directly to the full Committee by the 
Chairman.
    (d) The Chairman and Ranking Minority Member of the 
Committee shall be ex officio Members of each subcommittee to 
which they have not been assigned by resolution of the 
Committee.

                        9. LEGISLATIVE CALENDAR

    The Clerk of the Committee shall maintain a printed 
calendar for the information of each Committee Member showing 
any procedural or legislative measures considered or scheduled 
to be considered by the Committee, and the status of such 
measures and such other matters as the Committee determines 
shall be included. The calendar shall be revised from time to 
time to show pertinent changes. A copy of such revisions shall 
be furnished to each Member of the Committee.

                          10. COMMITTEE TRAVEL

    No Member of the Committee or Committee staff shall travel 
on Committee business unless specifically authorized by the 
Chairman or Ranking Minority Member, respectively. Requests for 
authorization of such travel shall state the purpose and extent 
of the trip, together with itemized expenses anticipated 
thereon. No preliminary arrangements for foreign travel shall 
be undertaken by any Committee Member unless such travel has 
been authorized in writing by the Chairman. A report on all 
foreign travel shall be filed with the Committee Clerk within 
sixty calendar days of the completion of said travel. The 
report shall contain a description of all issues discussed 
during the trip and the persons with whom the discussions were 
conducted. If an individual with the Committee staff fails to 
comply with this requirement, he or she shall be subject to the 
disciplinary procedures set forth in these rules.

                  11. BROADCASTING COMMITTEE MEETINGS

    Whenever any hearing or meeting conducted by the Committee 
is open to the public, the Committee or Subcommittee, as the 
case may be, shall permit that hearing or meeting to be covered 
by television broadcast, internet broadcast, print media, and 
still photography, or by any of such methods of coverage, 
subject to the provisions and in accordance with the spirit of 
the purposes enumerated in the Rules of the House.

                  12. DISPOSITION OF COMMITTEE RECORDS

    Upon dissolution of the Committee at the conclusion of the 
108th Congress, the records of the Committee shall be deemed 
current records and, consistent with House Resolution 5 of the 
108th Congress, shall not be delivered to the Archives of the 
United States but rather shall become the records of such 
successor committee as shall be designated by the Speaker.

                          13. CHANGES IN RULES

    These rules may be modified, amended, or repealed by the 
Committee provided that a notice in writing of the proposed 
change has been given to each Member at least 48 hours prior to 
the meeting at which action thereon is to be taken.

                     Appendix II--Printed Hearings

------------------------------------------------------------------------
     Number                     Date
------------------------------------------------------------------------
108-1...........  March 27, 2003..................  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response joint
                                                     hearing with the
                                                     Committee on Energy
                                                     and Commerce,
                                                     Subcommittee on
                                                     Health,
                                                     ``Furthering Public
                                                     Health Security:
                                                     Project
                                                     BioShield.''
                                                     (Printed by the
                                                     Committee on Energy
                                                     and Commerce,
                                                     Serial No. 108-11.)
108-2...........  March 28, 2003..................  Full Committee
                                                     hearing on H.R.
                                                     1416, Homeland
                                                     Security Technical
                                                     Corrections Act of
                                                     2003.
108-3...........  May 15, 2003....................  Full Committee
                                                     hearing,
                                                     ``BioShield:
                                                     Countering the
                                                     Bioterrorist
                                                     Threat.''
108-4...........  May 19, 2003....................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     Joint Field hearing
                                                     with the Government
                                                     Reform Committee,
                                                     Subcommittee on
                                                     Criminal Justice,
                                                     Drug Policy and
                                                     Human Resources,
                                                     ``Northern Border
                                                     Security.''
                                                     (Printed by the
                                                     Committee on
                                                     Government Reform,
                                                     Serial No. 108-73.)
108-5...........  May 19, 2003....................  Subcommittee on
                                                     Rules hearing,
                                                     ``Perspectives on
                                                     House Reform:
                                                     Lessons from the
                                                     Past.''
108-6...........  May 20, 2003, & May 22, 2003....  Full Committee
                                                     hearing, ``How is
                                                     America Safer? A
                                                     Progress Report on
                                                     the Department of
                                                     Homeland
                                                     Security.''
108-7...........  May 21, 2003....................  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development
                                                     hearing, ``Homeland
                                                     Security Science
                                                     and Technology:
                                                     Preparing for the
                                                     Future.''
108-8...........  June 5, 2003....................  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response Joint
                                                     hearing with the
                                                     Subcommittee on
                                                     Intelligence and
                                                     Counterterrorism,
                                                     ``Does the Homeland
                                                     Security Act of
                                                     2002 Give the
                                                     Department the
                                                     Tools It Needs to
                                                     Determine Which Bio-
                                                     Warfare Threats Are
                                                     Most Serious?''
108-9...........  June 6, 2003....................  Full Committee
                                                     hearing,
                                                     ``BioShield:
                                                     Lessons from
                                                     Current Efforts to
                                                     Develop Bio-Warfare
                                                     Countermeasures.''
108-10..........  June 16, 2003...................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing,
                                                     ``Balancing
                                                     Security and
                                                     Commerce.''
108-11..........  June 19, 2003...................  Full Committee
                                                     hearing,
                                                     ``America's
                                                     Response to
                                                     Terrorism: How is
                                                     DHS Improving our
                                                     Capabilities?''
108-12..........  June 21, 2003...................  Full Committee field
                                                     hearing in Los
                                                     Angeles,
                                                     California,
                                                     ``Protecting Our
                                                     Commerce: Enhancing
                                                     the Security of
                                                     America's Ports.''
108-13..........  June 25, 2003...................  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development
                                                     hearing, ``Overview
                                                     of the Cyber
                                                     Problem: A Nation
                                                     Dependent and
                                                     Dealing with
                                                     Risk.''
108-14..........  June 25, 2003...................  Full Committee
                                                     hearing,
                                                     ``Assessment of
                                                     Department of
                                                     Homeland Security
                                                     Initiatives to
                                                     Secure America's
                                                     Borders.''
108-15..........  July 10, 2003...................  Subcommittee on
                                                     Rules hearing,
                                                     ``Perspectives on
                                                     House Reform:
                                                     Committees and the
                                                     Executive Branch.''
108-16..........  July 15, 2003...................  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development
                                                     hearing, ``Industry
                                                     Speaks on
                                                     Cybersecurity.''
108-17..........  July 17, 2003...................  Full Committee
                                                     hearing, ``First
                                                     Responders:
                                                     Localities and the
                                                     Federal Government
                                                     Can Strengthen
                                                     Their Partnership
                                                     to Make America
                                                     Safer.''
108-18..........  July 22, 2003...................  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development
                                                     hearing,
                                                     ``Cybersecurity--Ge
                                                     tting It Right.''
108-19..........  July 22, 2003...................  Full Committee Joint
                                                     hearing with the
                                                     Committee on the
                                                     Judiciary, ``Threat
                                                     Integration Center
                                                     (TTIC) and Its
                                                     Relationship with
                                                     the Departments of
                                                     Justice and
                                                     Homeland
                                                     Security.''
                                                     (Printed by the
                                                     Committee on the
                                                     Judiciary, Serial
                                                     No. 64.)
108-20..........  July 23, 2003...................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing, ``Best
                                                     Business Practices
                                                     in Securing
                                                     America's
                                                     Borders.''
108-21..........  July 24, 2003...................  Subcommittee on
                                                     Intelligence and
                                                     Counterterrorism
                                                     hearing,
                                                     ``Improvements to
                                                     Department of
                                                     Homeland Security
                                                     Information Sharing
                                                     Capabilities--Verti
                                                     cal and Horizontal
                                                     Intelligence
                                                     Communications.''
108-22..........  August 21, 2003.................  Subcommittee on
                                                     Intelligence and
                                                     Counterterrorism
                                                     Field hearing in
                                                     Las Vegas, Nevada,
                                                     ``Addressing the
                                                     Security Needs of
                                                     the West.''
108-23..........  September 4, 2003, & September    Subcommittee on
                   17, 2003.                         Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development and the
                                                     Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     joint hearing,
                                                     ``Implications of
                                                     Power Blackouts for
                                                     the Nation's
                                                     Cybersecurity and
                                                     Critical
                                                     Infrastructure
                                                     Protection: The
                                                     Electric Grid,
                                                     Critical
                                                     Interdependencies,
                                                     Vulnerabilities,
                                                     and Readiness.''
108-24..........  September 9, 2003...............  Subcommittee on
                                                     Rules hearing,
                                                     ``Perspectives on
                                                     House Reform:
                                                     Former House
                                                     Leaders.''
108-25..........  September 10, 2003..............  Full Committee
                                                     hearing,
                                                     ``Perspectives on 9-
                                                     11: Building
                                                     Effectively on Hard
                                                     Lessons.''
108-26..........  September 16, 2003..............  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development
                                                     hearing, ``The
                                                     Invisible
                                                     Battleground: What
                                                     the Department of
                                                     Homeland Security
                                                     is Doing to Make
                                                     America's
                                                     Cyberspace More
                                                     Secure.''
108-27..........  September 24, 2003..............  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response hearing,
                                                     ``Disease
                                                     Surveillance: How
                                                     Can They Help Us
                                                     Prepare for
                                                     Bioterrorism?''
108-28..........  October 1, 2003.................  Full Committee
                                                     hearing,
                                                     ``Identification
                                                     Documents Fraud and
                                                     the Implications
                                                     for Homeland
                                                     Security.''
108-29..........  October 8, 2003.................  Full Committee
                                                     hearing on H.R.
                                                     2886, Department of
                                                     Homeland Security
                                                     Financial
                                                     Accountability Act.
108-30..........  October 16, 2003................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing, ``Plugging
                                                     the Gaps in Border
                                                     Security: the One
                                                     Face at the Border
                                                     Initiative.''
108-31..........  October 16, 2003................  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response hearing on
                                                     H.R. 3266, Faster
                                                     and Smarter Funding
                                                     for First
                                                     Responders Act of
                                                     2003.
108-32..........  October 21, 2003................  Full Committee
                                                     hearing, ``Funding
                                                     for First
                                                     Responders:
                                                     Ensuring that
                                                     Federal Funds are
                                                     Distributed
                                                     Intelligently.''
108-33..........  October 30, 2003................  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development
                                                     hearing, ``Strength
                                                     Through Knowledge:
                                                     Homeland Security
                                                     Science and
                                                     Technology Setting
                                                     and Steering a
                                                     Strong Course.''
108-34..........  January 28, 2004................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing,
                                                     ``Integrity and
                                                     Security at the
                                                     Border: The US-
                                                     VISIT Program.''
108-35..........  February 4, 2004................  Full Committee
                                                     hearing, ``Homeland
                                                     Security Advisory
                                                     System: Improving
                                                     Preparedness
                                                     through Effective
                                                     Warning.''
108-36..........  February 12, 2004...............  Full Committee
                                                     hearing on the
                                                     Department of
                                                     Homeland Security's
                                                     proposed Fiscal
                                                     Year 2005 budget.
108-37..........  February 25, 2004...............  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development hearing
                                                     on the Department
                                                     of Homeland
                                                     Security's Science
                                                     and Technology
                                                     Directorate Fiscal
                                                     Year 2005 budget.
108-38..........  March 3, 2004...................  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response hearing on
                                                     the Department of
                                                     Homeland Security
                                                     Emergency
                                                     Preparedness and
                                                     Response
                                                     Directorate Fiscal
                                                     Year 2005 budget.
108-39..........  March 4, 2004...................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security and
                                                     the Subcommittee on
                                                     Intelligence and
                                                     Counterterrorism
                                                     joint hearing on
                                                     the Department of
                                                     Homeland Security's
                                                     Information
                                                     Analysis and
                                                     Infrastructure
                                                     Protection
                                                     Directorate Fiscal
                                                     Year 2005 budget.
108-40..........  March 10, 2004..................  Subcommittee on
                                                     Intelligence and
                                                     Counterterrorism
                                                     hearing on the
                                                     Department of
                                                     Homeland Security
                                                     Information
                                                     Analysis Division
                                                     Fiscal Year 2005
                                                     budget.
108-41..........  March 17, 2004..................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing on the
                                                     Department of
                                                     Homeland Security's
                                                     Border and
                                                     Transportation
                                                     Security
                                                     Directorate Fiscal
                                                     Year 2005 budget.
108-42..........  March 24, 2004..................  Subcommittee on
                                                     Rules hearing,
                                                     ``Homeland Security
                                                     Jurisdiction: The
                                                     Perspective of
                                                     Committee
                                                     Leaders.''
108-43..........  March 25, 2004..................  Subcommittee on
                                                     Intelligence and
                                                     Counterterrorism
                                                     and the Committee
                                                     on the Judiciary,
                                                     Subcommittee on
                                                     Crime, Terrorism,
                                                     and Homeland
                                                     Security joint
                                                     hearing, ``Progress
                                                     in Consolidating
                                                     Terrorist
                                                     Watchlists--the
                                                     Terrorist Screening
                                                     Center (TSC).''
                                                     (Printed by the
                                                     Committee on the
                                                     Judiciary, Serial
                                                     No. 86.)
108-44..........  March 30, 2004..................  Subcommittee on
                                                     Cybersecurity,
                                                     Science, and
                                                     Research &
                                                     Development
                                                     hearing, ``Homeland
                                                     Cybersecurity and
                                                     DHS Enterprise
                                                     Architecture Budget
                                                     hearing for Fiscal
                                                     Year 2005.''
108-45..........  April 21, 2004..................  Subcommittee on
                                                     Cybersecurity,
                                                     Science and
                                                     Research &
                                                     Development and the
                                                     Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     joint hearing,
                                                     ``The DHS
                                                     Infrastructure
                                                     Protection
                                                     Division: Public-
                                                     Private
                                                     Partnerships to
                                                     Secure Critical
                                                     Infrastructures.''
108-46..........  April 28, 2004..................  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response hearing,
                                                     ``The Office for
                                                     Domestic
                                                     Preparedness First
                                                     Responder
                                                     Assistance
                                                     Programs.''
108-47..........  May 5, 2004.....................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing, ``Maritime
                                                     Security Operations
                                                     Within the
                                                     Department of
                                                     Homeland
                                                     Security.''
108-48..........  May 6, 2004.....................  Full Committee
                                                     hearing, ``Progress
                                                     in Addressing
                                                     Management
                                                     Challenges at the
                                                     Department of
                                                     Homeland
                                                     Security.''
108-49..........  May 12, 2004....................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing, ``The
                                                     Transportation
                                                     Security
                                                     Administration's
                                                     Progress in
                                                     Enhancing Homeland
                                                     Security.''
108-50..........  June 3, 2004....................  Full Committee
                                                     hearing, ``Towards
                                                     a National
                                                     Biodefense
                                                     Strategy.''
108-51..........  June 15, 2004...................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     hearing,
                                                     ``Protecting the
                                                     Homeland: Building
                                                     a Layered and
                                                     Coordinated
                                                     Approach to
                                                     Homeland
                                                     Security.''
108-52..........  June 24, 2004...................  Full Committee
                                                     hearing,
                                                     ``Information
                                                     Sharing after
                                                     September 11:
                                                     Perspectives on the
                                                     Future.''
108-53..........  July 8, 2004....................  Full Committee
                                                     hearing, ``Practice
                                                     Makes Perfect:
                                                     Strengthening
                                                     Homeland Security
                                                     by Exercising
                                                     Terrorism
                                                     Scenarios.''
108-54..........  July 22, 2004...................  Subcommittee on
                                                     Infrastructure and
                                                     Border Security
                                                     Joint hearing with
                                                     the Subcommittee on
                                                     Criminal Justice,
                                                     Drug Policy and
                                                     Human Resources, of
                                                     the Committee on
                                                     Government Reform,
                                                     ``Drugs and
                                                     Security in a Post-
                                                     9/11 World:
                                                     Coordinating the
                                                     Counternarcotics
                                                     Mission at the
                                                     Department of
                                                     Homeland
                                                     Security.''
108-55..........  August 17, 2004.................  Full Committee
                                                     hearing, ``9/11
                                                     Commission: Towards
                                                     a Paradigm for
                                                     Homeland Security
                                                     Information
                                                     Sharing.''
108-56..........  September 14, 2004..............  Full Committee
                                                     hearing, ``Homeland
                                                     Security: The 9/11
                                                     Commission and the
                                                     Course Ahead.''
108-57..........  September 15, 2004..............  Full Committee
                                                     hearing,
                                                     ``Combating
                                                     Terrorism: The Role
                                                     of Broadcast
                                                     Media.''
108-58..........  September 22, 2004..............  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response hearing,
                                                     ``Emergency Warning
                                                     Systems: Ways to
                                                     Notify the Public
                                                     in the New Era of
                                                     Homeland
                                                     Security.''
108-59..........  September 29, 2004..............  Subcommittee on
                                                     Emergency
                                                     Preparedness and
                                                     Response hearing,
                                                     ``The National
                                                     Incident Management
                                                     System: Enhancing
                                                     Response to
                                                     Terrorist
                                                     Attacks.''
108-60..........  September 30, 2004..............  Subcommittee on
                                                     Infrastructure and
                                                     Border Security and
                                                     the Subcommittee on
                                                     Intelligence and
                                                     Counterterrorism
                                                     joint hearing,
                                                     ``Disrupting
                                                     Terrorist Travel:
                                                     Safeguarding
                                                     America's Borders
                                                     through Information
                                                     Sharing.''
------------------------------------------------------------------------


                   Appendix III--List of Public Laws

------------------------------------------------------------------------
  Public Law         Date approved           Bill            Title
------------------------------------------------------------------------
108-276.......  July 21, 2004.........  S. 15 (H.R.    Project BioShield
                                         2122).         Act of 2004. To
                                                        amend the Public
                                                        Health Service
                                                        Act to provide
                                                        protections and
                                                        countermeasures
                                                        against
                                                        chemical,
                                                        radiological, or
                                                        nuclear agents
                                                        that may be used
                                                        in a terrorist
                                                        attack against
                                                        the United
                                                        States by giving
                                                        the National
                                                        Institutes of
                                                        Health
                                                        contracting
                                                        flexibility,
                                                        infrastructure
                                                        improvements,
                                                        and expediting
                                                        the scientific
                                                        peer review
                                                        process, and
                                                        streamlining the
                                                        Food and Drug
                                                        Administration
                                                        approval process
                                                        of
                                                        countermeasures.
108-293.......  August 8, 2004........  H.R. 2443....  Coast Guard
                                                        Authorization
                                                        Act. To
                                                        authorize
                                                        appropriations
                                                        for the Coast
                                                        Guard for fiscal
                                                        year 2005, to
                                                        amend various
                                                        laws
                                                        administered by
                                                        the Coast Guard,
                                                        and for other
                                                        purposes.
108-330.......  October 16, 2004......  H.R. 4259....  Department of
                                                        Homeland
                                                        Security
                                                        Financial
                                                        Accountability
                                                        Act. To amend
                                                        title 31, United
                                                        States Code, to
                                                        improve the
                                                        financial
                                                        accountability
                                                        requirements
                                                        applicable to
                                                        the Department
                                                        of Homeland
                                                        Security, to
                                                        establish
                                                        requirements for
                                                        the Future Years
                                                        Homeland
                                                        Security Program
                                                        of the
                                                        Department, and
                                                        for other
                                                        purposes.
108-375.......  October 28, 2004......  H.R. 4200....  Ronald W. Reagan
                                                        National Defense
                                                        Authorization
                                                        Act for Fiscal
                                                        Year 2005. To
                                                        authorize
                                                        appropriations
                                                        for fiscal year
                                                        2005 for
                                                        military
                                                        activities of
                                                        the Department
                                                        of Defense, for
                                                        military
                                                        construction,
                                                        and for defense
                                                        activities of
                                                        the Department
                                                        of Energy, to
                                                        prescribe
                                                        personnel
                                                        strengths for
                                                        such fiscal year
                                                        for the Armed
                                                        Forces, and for
                                                        other purposes.
108-458.......  December 17, 2004.....  S. 2845......  Intelligence
                                                        Reform and
                                                        Terrorism
                                                        Prevention Act
                                                        of 2004. To
                                                        reform the
                                                        intelligence
                                                        community and
                                                        the intelligence
                                                        and intelligence-
                                                        related
                                                        activities of
                                                        the United
                                                        States
                                                        Government, and
                                                        for other
                                                        purposes.
------------------------------------------------------------------------


                 Appendix IV--Legislation Passed House

                              ----------                              

    H.R. 10: To provide for reform of the intelligence 
community, terrorism prevention and prosecution, border 
security, and international cooperation and coordination, and 
for other purposes. Passed the House, amended, by recorded vote 
of 282 yeas and 134 nays (Roll No. 523) on October 8, 2004. (As 
passed by the House, H.R. 10 included H.R. 3266, but was 
removed during the House-Senate Conference on S. 2845, the 
companion measure to H.R. 10.)
    H.R. 1416: To make technical corrections to the Homeland 
Security Act of 2002. Homeland Security Technical Corrections 
Act of 2003. Passed the House, as amended, by record vote of 
415 yeas and 0 nays (Roll No. 311) on June 24, 2003.
    H.R. 2122: To enhance research, development, procurement, 
and use of biomedical countermeasures to respond to public 
health threats affecting national security, and for other 
purposes. Project BioShield Act of 2003. Passed the House, 
amended, by record vote of 421 yeas and 2 nays (Roll No. 373) 
on July 16, 2003.

               Appendix V--Committee Legislative Reports

------------------------------------------------------------------------

------------------------------------------------------------------------
108-104..............  H.R. 1416..............  To make technical
                                                 corrections to the
                                                 Homeland Security Act
                                                 of 2002. Homeland
                                                 Security Technical
                                                 Corrections Act of
                                                 2003. Filed May 15,
                                                 2003.
108-147, Pt. III.....  H.R. 2122..............  To enhance research,
                                                 development,
                                                 procurement, and use of
                                                 biomedical
                                                 countermeasures to
                                                 respond to public
                                                 health threats
                                                 affecting national
                                                 security, and for other
                                                 purposes. Project
                                                 BioShield Act of 2003.
                                                 Filed July 8, 2003.
108-223..............  H. Res. 286............  Directing the Secretary
                                                 of Homeland Security to
                                                 transmit to the House
                                                 of Representatives not
                                                 later than 14 days
                                                 after the date of the
                                                 adoption of this
                                                 resolution all physical
                                                 and electronic records
                                                 and documents in his
                                                 possession related to
                                                 any use of Federal
                                                 agency resources in any
                                                 task or action
                                                 involving or relating
                                                 to Members of the Texas
                                                 Legislature in the
                                                 period beginning May
                                                 11, 2003, and ending
                                                 May 16, 2003, except
                                                 information the
                                                 disclosure of which
                                                 would harm the national
                                                 security interests of
                                                 the United States.
                                                 Filed July 21, 2003.
108-358, Pt. I.......  H.R. 2886..............  To amend title 31,
                                                 United States Code, to
                                                 improve the financial
                                                 accountability
                                                 requirements applicable
                                                 to the Department of
                                                 Homeland Security, and
                                                 for other purposes.
                                                 Department of Homeland
                                                 Security Financial
                                                 Accountability Act.
                                                 Filed November 12,
                                                 2003.
108-460, Pt. I.......  H.R. 3266..............  To authorize the
                                                 Secretary of Homeland
                                                 Security to make grants
                                                 to first responders,
                                                 and for other purposes.
                                                 Faster and Smarter
                                                 Funding for First
                                                 Responders Act of 2004.
                                                 Filed April 2, 2004.
------------------------------------------------------------------------


    Appendix VI--Executive Communications, Memorials, and Petitions

                              ----------                              


                        EXECUTIVE COMMUNICATIONS

105
    January 7, 2003--A communication from the President of the 
United States, transmitting a reorganization plan for the 
Department of Homeland Security; (H. Doc. No. 108-16); to the 
Committee on Homeland Security and ordered to be printed.
106
    January 7, 2003--A communication from the President of the 
United States, transmitting notification of the functions, 
personnel, assets, and liabilities of the life sciences 
activities related to microbial pathogens of the Biological and 
Environmental Research Program of the Department of Energy, 
including the factions of the Secretary of Energy relating 
thereto, shall be transferred to the Secretary of Homeland 
Security; (H. Doc. No. 108-17); to the Committee on Homeland 
Security and ordered to be printed.
510
    February 4, 2003--A communication from the President of the 
United States, transmitting a reorganization plan modification 
for the Department of Homeland Security, pursuant to Public Law 
107-296, section 1502; (H. Doc. No. 108-32); to the Committee 
on Homeland Security (Select) and ordered to be printed.
5464
    November 18, 2003--A letter from the Secretary, Department 
of Homeland Security, transmitting a letter correcting the 
legal citation of a letter dated May 23, 2003; to the Committee 
on Homeland Security (Select).
5465
    November 18, 2003--A letter from the Secretary, Department 
of Homeland Security, transmitting notification of the 
establishment of an organizational unit within the Department 
of Homeland Security and the reallocation of functions among 
officers at the Department, pursuant to Public Law 107-296, 
section 874; to the Committee on Homeland Security (Select).
5467
    November 18, 2003--A letter from the Secretary, Department 
of Homeland Security, transmitting notification of the transfer 
of a function within the Department of Homeland Security, 
pursuant to Public Law 107-296, section 872; jointly to the 
Committees on Transportation and Infrastructure and Homeland 
Security (Select).
6273
    January 20, 2004--A letter from the Assistant Secretary for 
Legislative Affairs, Department of State, transmitting Pursuant 
to Section 428 of the Homeland Security Act of 2002, a report 
of the status of implementation of that section of the law, 
which related to the Department of State and Department of 
Homeland Security's joint role in the visa process; jointly to 
the Committees on the Judiciary and Homeland Security (Select).
7287
    March 25, 2004--A letter from the Secretary, Department of 
Homeland Security, transmitting notification of the 
consolidation of organizational units within the Department of 
Homeland Security and the reallocation of their functions among 
Department officers, pursuant to Public Law 107-296, section 
872; jointly to the Committees on the Judiciary, Transportation 
and Infrastructure, and Homeland Security (Select).
8985
    July 9, 2004--A letter from the Administrator, General 
Services Administration, transmitting proposed legislation to 
authorize the transfer of the Nebraska Avenue Complex (NAC) 
from the U.S. Navy to the General Services Administration (GSA) 
for the use of the Department of Homeland Security (DHS); 
jointly to the Committees on Armed Services, the Judiciary, 
Transportation and Infrastructure, and Homeland Security 
(Select).

                               MEMORIALS

215
    November 18, 2003--A memorial of the Legislature of the 
State of Michigan, relative to Senate Concurrent Resolution No. 
20 memorializing the United States Department of Homeland 
Security to locate its Midwestern headquarters at the Selfridge 
Air National Guard Base in Macomb County.
216
    November 18, 2003--A memorial of the House of 
Representatives of the State of Michigan, relative to House 
Resolution No. 47 memorializing the United States Department of 
Homeland Security to locate its Midwestern headquarters at the 
Selfridge Air National Guard Base in Macomb County.
217
    November 18, 2003--A memorial of the House of 
Representatives of the State of Hawaii, relative to House 
Concurrent Resolution No. 51 memorializing the Secretary of the 
Department of Homeland Security to establish a Pacific Oceanic 
Administrative Region within the Department of Homeland 
Security to be headquartered in Honolulu.
230
    November 25, 2003--A memorial of the Senate of the State of 
Michigan, relative to Senate Resolution No. 66 memorializing 
the United States Department of Homeland Security to locate its 
Midwestern headquarters at the Selfridge Air National Guard 
Base in Macomb County.

                         PRESIDENTIAL MESSAGES

610
    March 2, 2004--The 2004 National Drug Control Strategy-
referred to the Committees on the Judiciary, Agriculture, Armed 
Services, Energy & Commerce, Education & the Workforce, 
Financial Services, Government Reform, International Relations, 
Small Business, Transportation & Infrastructure, Ways & Means, 
Veterans' Affairs, the Permanent Select Committee on 
Intelligence, and the Select Committee on Homeland Security.

             Appendix VII--Summary of Action on Legislation

                              ----------                              


                              PUBLIC LAWS

    P.L. 108-268 (H.R. 4322)--To provide for the establishment 
of the headquarters for the Department of Homeland Security in 
the District of Columbia, to require the transfer of 
administrative jurisdiction over the Nebraska Avenue Naval 
Complex in the District of Columbia to serve as the location 
for the headquarters, to facilitate the acquisition by the 
Department of the Navy of suitable replacement facilities, and 
for other purposes.
    H.R. 4322--Referred to Armed Services May 11, 2004. Rules 
suspended. Passed House amended June 14, 2004. Received in 
Senate June 15, 2004. Passed Senate June 21, 2004. Presented to 
the President June 23, 2004. Approved July 2, 2004. Public Law 
108-268.
    P.L. 108-276 (S. 15/H.R. 2122)--Project BioShield Act of 
2004.
    S. 15--To amend the Public Health Service Act to provide 
for the payment of compensation for certain individuals with 
injuries resulting from the administration of smallpox 
countermeasures, to provide protections and countermeasures 
against chemical, radiological, or nuclear agents that may be 
used in a terrorist attack against the United States, and to 
improve immunization rates by increasing the distribution of 
vaccines and improving and clarifying the vaccine injury 
compensation program. Referred to Health, Education, Labor, and 
Pensions Mar. 11, 2003. Reported amended Mar. 25, 2003; no 
written report. Passed Senate amended May 19, 2004; Roll No. 
99: 99-0. Received in House and held at desk May 20, 2004. 
Passed House July 14, 2004; Roll No. 376: 414-2. Presented to 
the President July 16, 2004. Approved July 21, 2004. Public Law 
108-276.
    H.R. 2122--To enhance research, development, procurement, 
and use of biomedical countermeasures to respond to public 
health threats affecting national security, and for other 
purposes. Referred to Energy and Commerce and in addition to 
Government Reform, and Homeland Security (Select) May 15, 2003. 
Reported from Energy and Commerce June 10, 2003; Rept. 108-147, 
Pt. I. Referral to Government Reform and Homeland Security 
(Select) extended June 10, 2003, for a period ending not later 
than June 13, 2003. Referred to Armed Services June 10, 2003, 
for a period ending not later than June 11, 2003. Armed 
Services discharged June 11, 2003. Reported amended from 
Government Reform June 12, 2003; Pt. II. Referral to Homeland 
Security (Select) extended June 13, 2003, for a period ending 
not later than June 27, 2003. Referral to Homeland Security 
(Select) extended June 27, 2003, for a period ending not later 
than July 8, 2003. Reported amended from Homeland Security 
(Select) July 8, 2003; Pt. III. Union Calendar. Passed House 
amended July 16, 2003; Roll No. 373: 421-2. Received in Senate 
and ordered placed on the calendar July 17, 2003.
    P.L. 108-293 (H.R. 2443)--Coast Guard and Maritime 
Transportation Act of 2004.
    H.R. 2443--To authorize appropriations for the Coast Guard 
for fiscal year 2004, to amend various laws administered by the 
Coast Guard, and for other purposes. Referred to Transportation 
and Infrastructure June 12, 2003. Reported amended July 24, 
2003; Rept. 108-233. Union Calendar. Passed House amended Nov. 
5, 2003. Received in Senate and referred to Commerce, Science 
and Transportation Nov. 6, 2003. Committee discharged. Passed 
Senate with amendments Mar. 30, 2004. Senate insisted on its 
amendments and asked for a Conference Mar. 30, 2004. House 
disagreed to Senate amendments and agreed to a Conference May 
6, 2004. Conference report filed in the House July 20, 2004; 
Rept. 108-617. House agreed to Conference Report July 21, 2004; 
Roll No. 404: 425-1. Senate agreed to Conference report July 
22, 2004. Presented to the President July 28, 2004. Approved 
Aug. 9, 2004. Public Law 108-293.
    P.L. 108-330 (H.R. 4259)-Department of Homeland Security 
Financial Accountability Act.
    H.R. 4259--To amend title 31, United States Code, to 
improve the financial accountability requirements applicable to 
the Department of Homeland Security, to establish requirements 
for the Future Years Homeland Security Program of the 
Department, and for other purposes. Referred to Government 
Reform and in addition to Homeland Security (Select) May 4, 
2004. Reported from Government Reform June 9, 2004; Rept. 108-
533, Pt. I. Referral to Homeland Security (Select) extended 
June 9, 2004 for a period ending not later than June 9, 2004. 
Homeland Security (Select) discharged. June 9, 2004. Union 
Calendar. Rules suspended. Passed House July 20, 2004. Received 
in Senate July 21, 2004. Referred to Governmental Affairs Sept. 
7, 2004. Committee discharged. Passed Senate Sept. 29, 2004. 
Presented to the President Oct. 5, 2004. Approved Oct. 16, 
2004. Public Law 108-330.
    P.L. 108-375 (H.R. 4200)--Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005.
    H.R. 4200--To authorize appropriations for fiscal year 2005 
for military activities of the Department of Defense, to 
prescribe military personnel strengths for fiscal year 2005, 
and for other purposes. Referred to Armed Services Apr. 22, 
2004. Reported amended May 14, 2004; Rept. 108-491. Union 
Calendar. Considered May 19, 20, 2004. Supplemental report 
filed May 20, 2004; Pt. II. Passed House amended May 20, 2004; 
Roll No. 206: 391-34. Received in Senate and ordered placed on 
the calendar May 21, 2004. Passed Senate with amendment June 23 
(Legislative day of June 22), 2004. Senate insisted on its 
amendment and asked for a Conference June 24, 2004. House 
disagreed to Senate amendment and agreed to a Conference Sept. 
28, 2004. Conference report filed in the House Oct. 8, 2004; 
Rept. 108-767. House agreed to Conference report Oct. 9, 2004; 
Roll No. 528: 359-14. Senate agreed to Conference report Oct. 
9, 2004. Presented to the President Oct. 21, 2004. Approved 
Oct. 28, 2004. Public Law 108-375.
    P.L. 108-458 (S. 2485) (H.R. 10)--Intelligence Reform and 
Terrorism Prevention Act of 2004.
    S. 2845--To reform the intelligence community and the 
intelligence and intelligence-related activities of the United 
States Government, and for other purposes. Ordered placed on 
the calendar Sept. 24, 2004. Considered Sept. 27, 28, 29, 30, 
Oct. 1, 4, 5, 2004. Passed Senate amended Oct. 6, 2004; Roll 
No. 199: 96-2. Passed the House, amended, Oct. 8, 2004.
    H.R. 10--To provide for reform of the intelligence 
community, terrorism prevention and prosecution, border 
security, and international cooperation and coordination, and 
for other purposes. Referred to Intelligence and in addition to 
Armed Services, Education and the Workforce, Energy and 
Commerce, Financial Services, Government Reform, International 
Relations, the Judiciary, Rules, Science, Transportation and 
Infrastructure, Ways and Means, and Homeland Security (Select) 
Sept. 24, 2004. Reported amended from Intelligence Oct. 4, 
2004; Rept. 108-724, Pt. I. Reported amended from Armed 
Services Oct. 4, 2004; Pt. II. Reported amended from Financial 
Services Oct. 4, 2004; Pt. III. Referral to Education and the 
Workforce, Energy and Commerce, Government Reform, 
International Relations, the Judiciary, Rules, Science, 
Transportation and Infrastructure, Ways and Means, and Homeland 
Security (Select) extended Oct. 4, 2004 for a period ending not 
later than Oct. 5, 2004. Reported amended from Government 
Reform Oct. 5, 2004; Pt. IV. Reported amended from the 
Judiciary Oct. 5, 2004; Pt. V. Education and the Workforce, 
Energy and Commerce, International Relations, Rules, Science, 
Transportation and Infrastructure, Ways and Means, and Homeland 
Security (Select) discharged Oct. 5, 2004. Union Calendar. 
Considered Oct. 7, 2004. Passed House amended Oct. 8, 2004; 
Roll No. 523: 282-134. Passed the Senate December 8, 2004; Roll 
No. 216: 89-2. Presented to the President Dec. 15, 2004. 
Approved Dec. 17, 2004. Public Law 108-458.

                    PASSED HOUSE / PENDING IN SENATE

    H.R. 1416--Homeland Security Technical Corrections Act of 
2003.
    H.R. 1416--To make technical corrections to the Homeland 
Security Act of 2002. Referred to Homeland Security (Select) 
Mar. 25, 2003. Reported amended May 15, 2003; Rept. 108-104. 
Union Calendar. Rules suspended. Passed House amended June 24, 
2003; Roll No. 311: 415-0. Received in Senate and referred to 
Governmental Affairs June 25, 2003. Reported with amendments 
Nov. 25, 2003; Rept. 108-214.

              LEGISLATION REPORTED / PENDING FLOOR ACTION

    H.R. 3266--Faster and Smarter Funding for First Responders 
Act of 2004.
    H.R. 3266--To authorize the Secretary of Homeland Security 
to make grants to first responders, and for other purposes. 
Referred to Homeland Security (Select) and in addition to 
Transportation and Infrastructure, the Judiciary, and Energy 
and Commerce Oct. 8, 2003. Reported amended from Homeland 
Security (Select) Apr. 2, 2004; Rept. 108-460, Pt. I. Referred 
to Science Apr. 2, 2004 for a period ending not later than Apr. 
2, 2004. Science discharged Apr. 2, 2004. Referral to 
Transportation and Infrastructure, the Judiciary, and Energy 
and Commerce extended Apr. 2, 2004 for a period ending not 
later than June 7, 2004. Referral to Transportation and 
Infrastructure, the Judiciary, and Energy and Commerce extended 
June 3, 2004 for a period ending not later than June 14, 2004. 
Referral to Transportation and Infrastructure, the Judiciary, 
and Energy and Commerce extended June 14, 2004 for a period 
ending not later than June 21, 2004. Reported amended from 
Energy and Commerce June 14, 2004; Pt. II. Reported amended 
from Transportation and Infrastructure June 21, 2004; Pt. III. 
Reported amended from the Judiciary June 21, 2004; Pt. IV. 
(H.R. 3266 was included in the text of H.R. 10 as introduced, 
see P.L. 108-458).
    H. Res. 286--Directing the Secretary of Homeland Security 
to transmit to the House of Representatives not later than 14 
days after the date of the adoption of this resolution all 
physical and electronic records and documents in his possession 
related to any use of Federal agency resources in any task or 
action involving or relating to Members of the Texas 
Legislature in the period beginning May 11, 2003, and ending 
May 16, 2003, except information the disclosure of which would 
harm the national security interests of the United States. 
Referred to Homeland Security (Select) June 19, 2003. Reported 
amended, adversely, July 21, 2003; Rept. 108-223.

                            PENDING REPORTS

    None.

                     PENDING FULL COMMITTEE ACTION

                      (REPORTED FROM SUBCOMMITTEE)

    None.

                        LEGISLATION OF INTEREST

                 (FINAL DISPOSITION AT END OF CONGRESS)

Public Laws

    P.L. 108-11 (H.R. 1559)--Emergency Wartime Supplemental 
Appropriations Act, 2003.
    H.R. 1559--Making emergency wartime supplemental 
appropriations for the fiscal year ending September 30, 2003, 
and for other purposes. Reported from Appropriations Apr. 2, 
2003; Rept. 108-55. Union Calendar. Passed House amended Apr. 
3, 2003; Roll No. 108: 414-12. Received in Senate and passed 
with amendment Apr. 7, 2003. Senate insisted on its amendment 
and asked for a Conference Apr. 7, 2003. House disagreed to 
Senate amendment and agreed to a Conference Apr. 8, 2003. 
Conference report filed in the House Apr. 12, 2003; Rept. 108-
76. House agreed to Conference report Apr. 12, 2003. Senate 
agreed to Conference report Apr. 12, 2003. Presented to the 
President Apr. 15, 2003. Approved Apr. 16, 2003. Public Law 
108-11.
    P.L. 108-69 (H.R. 2859)--Emergency Supplemental 
Appropriations for Disaster Relief Act, 2003.
    H.R. 2859--Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2003. Referred to 
Appropriations and in addition to the Budget July 24, 2003. 
Passed House July 25, 2003; Roll No. 459: 352-60. Received in 
Senate July 28 (Legislative day of July 21), 2003. Passed 
Senate July 31 (Legislative day of July 21), 2003. Presented to 
the President Aug. 7, 2003. Approved Aug. 8, 2003. Public Law 
108-69.
    P.L. 108-90 (H.R. 2555)--Department of Homeland Security 
Appropriations Act, 2004.
    H.R. 2555--Making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 
2004, and for other purposes. Reported from Appropriations June 
23, 2003; Rept. 108-169. Union Calendar. Passed House amended 
June 24, 2003; Roll No. 310: 425-2. Received in Senate and 
referred to Appropriations June 25, 2003. Reported with 
amendment July 10, 2003; Rept. 108-86. Considered July 21, 22, 
23 (Legislative day of July 21), 2003. Passed Senate with 
amendment July 24 (Legislative day of July 21), 2003; Roll No. 
306: 93-1. Senate insisted on its amendment and asked for a 
Conference July 24 (Legislative day of July 21), 2003. House 
disagreed to Senate amendment and agreed to a Conference Sept. 
10, 2003. Conference report filed in the House Sept. 23, 2003; 
Rept. 108-280. House agreed to Conference report Sept. 24, 
2003; Roll No. 515: 417-8. Senate agreed to Conference report 
Sept. 24, 2003. Presented to the President Sept. 26, 2003. 
Approved Oct. 1, 2003. Public Law 108-90.
    P.L. 108-136 (H.R. 1588)--National Defense Authorization 
Act for Fiscal Year 2004.
    H.R. 1588--To authorize appropriations for fiscal year 2004 
for military activities of the Department of Defense, to 
prescribe military personnel strengths for fiscal year 2004, 
and for other purposes. Referred to Armed Services Apr. 3, 
2003. Reported amended May 16, 2003; Rept. 108-106. Union 
Calendar. Supplemental report filed May 21, 2003; Pt. II. 
Considered May 21, 2003. Passed House amended May 22, 2003; 
Roll No. 221: 361-68. Received in Senate June 2, 2003. Passed 
Senate with amendment June 4, 2003. Senate insisted on its 
amendment and asked for a Conference June 4, 2003. House 
disagreed to Senate amendment and agreed to a Conference July 
16, 2003. Conference report filed in the House Nov. 7 
(Legislative day of Nov. 6), 2003; Rept. 108-354. House agreed 
to Conference report Nov. 7, 2003; Roll No. 617: 362-40. 
Conference report considered in Senate Nov. 11, 2003. Senate 
agreed to Conference report Nov. 12, 2003; Roll No. 447: 95-3. 
Presented to the President Nov. 24, 2003. Approved Nov. 24, 
2003. Public Law 108-136.
    P.L. 108-176 (H.R. 2115)--Vision 100--Century of Aviation 
Reauthorization Act.
    H.R. 2115--To amend title 49, United States Code, to 
reauthorize programs for the Federal Aviation Administration, 
and for other purposes. Referred to Transportation and 
Infrastructure May 15, 2003. Reported amended June 6, 2003; 
Rept. 108-143. Union Calendar. Passed House amended June 11, 
2003; Roll No. 264: 418-8. Received in Senate and ordered 
placed on the calendar June 12, 2003. Passed Senate with 
amendment June 12, 2003; Roll No. 225: 94-0. Senate insisted on 
its amendment and asked for a Conference June 12, 2003. House 
disagreed to Senate amendment and agreed to a Conference July 
15, 2003. Conference report filed in the House July 25, 2003; 
Rept. 108-240. House recommitted Conference reportpursuant to 
H. Res. 377 Oct. 28, 2003. Conference report filed in the House Oct. 
29, 2003; Rept. 108-334. House agreed to Conference report Oct. 30, 
2003; Roll No. 592: 211-207. Conference report considered in Senate 
Nov. 14, 17, 2003. Senate agreed to Conference report Nov. 21, 2003. 
Presented to the President Dec. 2, 2003. Approved Dec. 12, 2003. Public 
Law 108-176.
    P.L. 108-177 (H.R. 2417)--Intelligence Authorization Act 
for Fiscal Year 2004.
    H.R. 2417--To authorize appropriations for fiscal year 2004 
for intelligence and intelligence-related activities of the 
United States Government, the Community Management Account, and 
the Central Intelligence Agency Retirement and Disability 
System, and for other purposes. Referred to Intelligence June 
11, 2003. Reported amended June 18, 2003; Rept. 108-163. Union 
Calendar. Considered June 25, 26, 2003. Passed House amended 
June 27 (Legislative day of June 26), 2003; Roll No. 333: 410-
9. Received in Senate and ordered placed on the calendar June 
27, 2003. Passed Senate with amendment July 31 (Legislative day 
of July 21), 2003. Senate insisted on its amendment and asked 
for a Conference July 31 (Legislative day of July 21), 2003. 
House disagreed to Senate amendment and agreed to a Conference 
Nov. 18, 2003. Conference report filed in the House Nov. 19, 
2003; Rept. 108-381. House agreed to Conference report Nov. 20, 
2003; Roll No. 649: 264-163. Senate agreed to Conference report 
Nov. 21, 2003. Presented to the President Dec. 2, 2003. 
Approved Dec. 13, 2003. Public Law 108-177.

                         Measures in Conference

    H.R. 3550--Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2004.
    H.R. 3550--To authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other 
purposes. Referred to Transportation and Infrastructure Nov. 
20, 2003. Reported amended from Transportation and 
Infrastructure Mar. 29, 2004; Rept. 108-452, Pt. I. Referred to 
Education and the Workforce, Energy and Commerce, the 
Judiciary, Resources, and Science Mar. 29, 2004 for a period 
ending not later than Mar. 29, 2004. Education and the 
Workforce, Energy and Commerce, the Judiciary, Resources, and 
Science discharged Mar. 29, 2004. Union Calendar. Considered 
Apr. 1, 2004. Passed House amended Apr. 2, 2004; Roll No. 114: 
357-65. Received in Senate Apr. 8, 2004. Ordered placed on the 
calendar Apr. 22, 2004. May 19, 2004. Passed Senate with 
amendment May 19, 2004. Senate insisted on its amendment and 
asked for a Conference May 19, 2004. House disagreed to Senate 
amendment and agreed to a Conference June 3, 2004.

                          Pass House in Senate

    H.R. 3966--ROTC and Military Recruiter Equal Access to 
Campus Act of 2004.
    H.R. 3966--To amend title 10, United States Code, and the 
Homeland Security Act of 2002 to improve the ability of the 
Department of Defense to establish and maintain Senior Reserve 
Officers' Training Corps units at institutions of higher 
education, to improve the ability of students to participate in 
Senior ROTC programs, and to ensure that institutions of higher 
education provide military recruiters entry to campuses and 
access to students that is at least equal in quality and scope 
to that provided to any other employer. Referred to Armed 
Services and in addition to Education and the Workforce Mar. 
12, 2004. Reported amended from Armed Services Mar. 23, 2004; 
Rept. 108-443, Pt. I. Referral to Education and the Workforce 
extended Mar. 23, 2004 for a period ending not later than Mar. 
23, 2004. Education and the Workforce discharged. Mar. 23, 
2004. Union Calendar. Passed House amended Mar. 30, 2004; Roll 
No. 101: 343-81. Received in Senate and referred to Armed 
Services Mar. 31, 2004. (Provisions of H.R. 3966 were included 
in H.R. 4200.)
    S. 1657--A bill to amend section 44921 of title 49, United 
States Code, to provide for the arming of cargo pilots against 
terrorism.
    S. 1657--To amend section 44921 of title 49, United States 
Code, to provide for the arming of cargo pilots against 
terrorism. Ordered placed on the calendar Sept. 26, 2003. 
Passed Senate Nov. 10, 2003. Received in House and referred to 
Transportation and Infrastructure Nov. 12, 2003.

                          Pending House Action

    H.R. 2144--Aviation Security Technical Corrections and 
Improvements Act of 2003.
    H.R. 2144--To amend title 49, United States Code, to make 
technical corrections and improvements relating to aviation 
security, and for other purposes. Referred to the House 
Committee on Transportation and Infrastructure. Committee 
Consideration and Mark-up Session Held Jun. 25, 2004.

                     Appendix VII--Committee Staff

                              ----------                              


                             MAJORITY STAFF

Seto Bagdoyan, (Government Accountability Office Detailee)*
Kim Baronof, Professional Staff Member
Mandy Bowers, Policy Coordinator
Charles Brown, Professional Staff Member*
Donovan Chau, Professional Staff Member
Stephen M. Cote, Policy Coordinator
Patricia DeMarco, Counsel
Stephen W. DeVine, Deputy Staff Director and General Counsel
Uttam Dhillon, Chief Counsel and Deputy Staff Director*
Thomas DiLenge, Chief Counsel and Policy Director
Josh Dozor, Professional Staff Member
Vic Erevia, (Secret Service Detailee)*
John C. Gannon, Staff Director
Michael Geffroy, Senior Counsel
Margie Gilbert, (Department of Defense Detailee)*
Julie Gunlock, Professional Staff Member*
Chris Higby, Professional Staff Member
V. Dexter Ingram, Professional Staff Member*
Ken Johnson, Communications Director
Mark Klaassen, Counsel
Steve Kontos, (Department of State Detailee)*
Charles R. Korsmo, Professional Staff Member*
Kim Kotlar, Policy Coordinator
Christian Lee, (Coast Guard Detailee)
Arthur Lucas, Staff Assistant*
Carrie Lukas, Professional Staff Member*
Sterling Marchand, Professional Staff Member
Kelly Mauceri, Deputy Communications Director
Deron McElroy, Policy Coordinator
Ammani Nagesh, Staff Assistant
Winsome Packer, Professional Staff Member
Jennifer Page, Press Secretary
Ryan Patmintra, Assistant Press Secretary
Margaret Peterlin, Professional Staff Member
Ruby L. Powers, Staff Assistant*
Stephen Prather, Policy Coordinator
Susan Sheybani, Press Assistant*
Linda Townsend Solheim, Senior Counsel
Vince Sollitto, Communications Director*
Doug Stoss, Policy Coordinator*
Sharon Squire, (Secret Service Detailee)*
Julie Sund, Policy Coordinator*
Amy Swanstrom, Press Assistant*
Elizabeth Tobias, Communications Director*
Josh Weerasinghe, Senior Advisor on Bioscience
Andrew Weis, Senior Counsel
Brian White, Professional Staff Member*

                             MINORITY STAFF

Trenton E. Ashby, Professional Staff Member*
Scott D. Bates, Senior Policy Advisor
Carla D. Buckner, Professional Staff Member / Counsel
Mark Bysfield, Professional Staff Member (State Department 
        Detailee)
S. Camille Camacho, Special Assistant to the Staff Director
Steven Cash, Staff Director*
Peter Cleveland, Professional Staff Member*
Glen Davis, Professional Staff Member (Government 
        Accountability Office Detailee)*
Michael Eichberg, Professional Staff Member*
David Grannis, Professional Staff Member
Gwen Hall, Professional Staff Member (Department of Defense 
        Detailee)*
Jessica Herrera, Professional Staff Member / Counsel
Patrick Hogan, Professional Staff Member (Secret Service 
        Detailee)
Hyon Joo Kim, Professional Staff Member / Counsel*
Lorraine P. Lewis, Professional Staff Member / Counsel*
Joshua Magarik, Staff Assistant
Mark T. Magee, Deputy Staff Director
Dwight McDaniel, Professional Staff Member(Department of 
        Homeland Security/ICE Detailee)*
Jim McGee, Professional Staff Member
Jason R. McNamara, Professional Staff Member
Daniel Prieto, Professional Staff Member (Council on Foreign 
        Relations Fellow)*
Sue Ramanathan, Professional Staff Member / Counsel
David H. Schanzer, Staff Director / Chief Counsel
John Sopko, Chief of Investigations / General Counsel
Allen L. Thompson, Professional Staff Member
Moira Whelan, Press Secretary
Traci Williams, Professional Staff Member*

                         SHARED COMMITTEE STAFF

Dawn Criste, Chief Financial Officer
Peter Ford, Security Officer (Department of State Detailee)*
Bill Maxwell, Security Officer (Department of State Detailee)
Diane Norman, GPO Printer
Michael S. Twinchek, Chief Clerk / Office Manager
Joseph Windrem, Deputy Clerk

    *Indicates that such staff member is no longer employed by 
the Committee.

                            ADDITIONAL VIEWS

    During the 108th Congress, Democratic Members of the Select 
Committee undertook a number of initiatives and activities on 
key homeland security issues. These initiatives and activities 
included the introduction of legislation, the production and 
release of policy reports, and related oversight activities. A 
summary of the activities of the Democratic Members follows.

                        LEGISLATIVE INITIATIVES

    During the 108th Congress, Democratic staff assisted 
Democratic Members of the Select Committee in producing 14 
homeland security legislative initiatives focusing on key 
issues of concern. Such legislative initiatives helped to shape 
the debate over the future of homeland security programs. 
Elements of several bills were included in other legislative 
vehicles that were either considered by other Committees, 
passed by the House during the 108th Congress, or were signed 
into law, to include the Intelligence Reform and Terrorism 
Prevention Act of 2004. The 14 legislative initiatives are 
summarized below.
    On October 8, 2004, Representative Jim Turner introduced 
the Winning the War on Terror Act, H.R. 5291, designed to 
augment the United States' ability to fight terrorists by 
increasing the size of U.S. Special Forces; increase 
protections against terrorists by enhancing and strengthening 
border security, rail security, port and cargo security, 
aviation security, chemical plant security, cyber security, 
defenses against bioterrorism, protection of critical 
infrastructure, private sector preparedness, communication 
interoperability, information sharing, and protection of civil 
rights and civil liberties; and prevent the rise of future 
terrorists through comprehensive international economic, 
educational, and public diplomacy programs.
    On September 29, 2004, Representative Bennie Thompson 
introduced the Civil Rights and Civil Liberties Protection Act, 
H.R. 5182, to strengthen the oversight responsibilities of the 
DHS Officer for Civil Rights and Civil Liberties; ensure DHS 
compliance with Constitutional, statutory, regulatory, and 
policy requirements; and designate a senior officer within the 
Department of Homeland Security Inspector General's office to 
investigate alleged abuses.
    On September 23, 2004, Representative Jim Turner introduced 
the Secure Borders Act, H.R. 5130 to strengthen border security 
at and between our ports of entry by creating a $1 billion 
infrastructure investment fund to enhance and facilitate 
security and commerce; mandating deployment of monitoring 
technology along the entire U.S. Southern border 24 hours a 
day, 7 days a week; authorize funding to double staffing for 
Customs and Border Protection personnel; require development of 
an inter-agency National Land Border Security Strategy; enhance 
penalties for organized alien smuggling; give law enforcement 
additional tools to go after alien smuggling rings; and expand 
Detention and Removal Operations.
    On September 13, 2004, Representative Zoe Lofgren co-
introduced the Cyber Security Enhancement Act, H.R. 5068, to 
create an Assistant Secretary for Cybersecurity within the 
Department of Homeland Security to establish and manage a 
national cybersecurity response system; establish a national 
cybersecurity threat and vulnerability reduction program; and 
create a national cybersecurity awareness and training program.
    On July 14, 2004, Representative Jim Turner introduced the 
Private Sector Preparedness Act, H.R. 4830, to require the 
Department of Homeland Security to develop and implement a 
comprehensive program to enhance private sector preparedness 
for emergencies and disasters; identify specific elements of 
this preparedness program, consistent with guidance issued by 
the American National Standards Institute (ANSI) and the 
National Fire Protection Association (NFPA); and require the 
Department of Homeland Security to develop and regularly update 
national voluntary consensus standards for private sector 
emergency preparedness.
    On June 14, 2004, Representative Jim Turner introduced the 
Secure Visa Waiver Act, H.R. 4550, to require foreign visitors 
subject to the Visa Waiver Program to be electronically checked 
against terrorist watch lists and government databases before 
being permitted to travel to the United States; and extend the 
deadline for countries to develop passports with biometric 
identifiers by one year.
    On May 19, 2004, Representative Nita Lowey introduced the 
Connect First Responders Act, H.R. 4400, to establish a new 
grant program, authorized at $5 billion over 5 years, dedicated 
to achieving communication interoperability nationwide; and 
replace the interagency group (Project SAFECOM) that oversees 
federal interoperability efforts with a unified office within 
the Department of Homeland Security to work with federal, 
state, local stakeholders to develop and implement a national 
strategy to achieve communications interoperability.
    On May 14, 2004, Representative Kendrick Meek introduced 
the Shield Privacy Act, H.R. 4414, to create a bipartisan 
Commission on Privacy, Freedom and Homeland Security to study 
and report on how efforts to improve homeland security are done 
in a way that is consistent with the protection of civil 
liberties and fundamental freedoms; create a Chief Privacy 
Officer for the federal government; and establish Privacy 
Officers within federal agencies to ensure citizens rights are 
protected.
    On May 13, 2004, Congresswoman Eleanor Holmes Norton 
introduced the Safe Trains Act, H.R. 4361, to create a $2.8 
billion grant program to strengthen security on American 
passenger trains and transit lines; increase security of 
stations, vehicles, bridges, and tunnels; require increased 
emergency training exercises; and boost explosive and weapons 
of mass destruction detection and countermeasure capabilities.
    On May 12, 2004, Representative Loretta Sanchez introduced 
the Secure Coasts Act, H.R. 4355, to develop security standards 
for all containers entering U.S. ports; require inspections to 
ensure all shippers comply with security practices; increase 
port security grants by a total of $537 million for fiscal year 
2004; increase the strength of the U.S. Coast Guard to50,000 
and accelerates the modernization of the Coast Guard's fleet of ships 
and aircraft from 22 years to 10 years.
    On May 6, 2004, Representative Edward Markey introduced the 
Safe Planes Act, H.R. 4312, to require DHS to establish and 
implement a program to fully inspect all cargo on passenger 
aircraft; require all terminal airport workers to go through 
screening and background checks before entering secure areas, 
and improve the Transportation Security Administration's policy 
planning for deploying detection technologies, defending 
against shoulder-fired missiles, and training flight 
attendants.
    On May 4, 2004, Representative Jim Turner introduced the 
Rapid Cures Act, H.R. 4258, to develop a national plan to 
shorten from years to months the time from detection of a 
disease to its treatment and cure; and speed development of 
clinical trial protocols for vaccines during a national health 
crisis.
    On March 2, 2004, Representative Jim Turner introduced the 
U.S.-Israel Homeland Security Foundation Act, H.R. 3871, to 
establish a homeland security grant program to support joint 
U.S.-Israeli research and development efforts, based on similar 
existing programs for industrial and agricultural research and 
development.
    On September 24, 2003, Representative Jim Turner introduced 
the Prepare Act, H.R. 3158, to reform the current first 
responder grant system by determining essential capabilities 
needed to protect American communities; revise the color-coded 
threat advisory system; provide interoperable communications 
equipment for first responders; and require first responder 
equipment and training standards to be established.

                  DEMOCRATIC MEMBER OVERSIGHT REPORTS

    Democratic Members sponsored 12 homeland security oversight 
reports during the 108th Congress on various topics of concern. 
A summary of the 12 reports follows:

Bioterrorism: America Still Unprepared

    In October, 2004, Representative Jim Turner, with 
assistance from Congresswoman Donna Christensen, released a 
report three years after 9/11 and the 2001 Capitol anthrax 
attacks on the preparedness of America's state and local 
governments to respond to a major bioterror attack or 
infectious disease outbreak. The report is based on surveys of 
state and local health departments regarding the sufficiency of 
their resources to meet federal preparedness standards.

America at Risk: Choices Leave Homeland Vulnerable

    In October 2004, concurrent with the passage of the 
homeland security appropriations act for fiscal year 2005, 
Representative Jim Turner released a report outlining the 
status of homeland security issues across America and proposals 
to rectify identified problems.

Transforming the Southern Border: Providing Security and Prosperity in 
        the Post-9/11 World

    In September 2004, Representative Jim Turner released a 
130-page report calling for the transformation of the U.S. 
Southern Border to enhance security and promote economic 
prosperity. The result of 6 months of Democratic staff 
oversight and visits to border communities, the report 
highlights the security situation on the southern border and 
offers policy recommendations to enhance security.

Securing Our Homeland, Strengthening Our Liberties

    In May, 2004, the SHIELD Privacy Act (H.R. 4414), 
introduced by Representative Kendrick Meek, was accompanied by 
a report outlining ways to strengthen homeland security by 
protecting privacy and civil liberties.

America at Risk: Closing the Public Transportation Security Gap

    In May 2004, the Safe TRAINS Act (H.R. 4361), introduced by 
Congresswoman Eleanor Holmes-Norton, was accompanied by this 
report outlining the security status of U.S. passenger rail 
systems and proposing policies to correct identified needs.

America at Risk: Closing the Port Security Gap

    In May 2004, the Secure COAST Act (H.R. 4355), introduced 
by Representative Loretta Sanchez, was accompanied by this 
report outlining the security situation at U.S. ports and 
proposing policies to correct identified needs.

America at Risk: Closing the Aviation Security Gap

    In May 2004, the Safe PLANES Act (H.R. 4312), introduced by 
Representative Markey, was accompanied by this report outlining 
the security situation within the U.S. aviation sector and 
proposing policies to correct identified needs.

Beyond Anthrax: Confronting the Future Biological Weapons Threat

    In May 2004, the Rapid Cures Act (H.R. 4258), introduced by 
Representative Jim Turner, was accompanied by this report 
describing advances in biotechnology and the ramifications for 
existing bioterrorism countermeasures. The report proposes a 
rapid ``bug to drug'' capability to counter bioterrorism 
threats.

Winning the War on Terror

    In April 2004, Representative Jim Turner released a 90-page 
plan to eliminate the threat of al-Qaeda to the United States. 
The report, which includes over 100 specific recommendations, 
sets forth a strategy to win the current war against al-Qaeda 
and like-minded groups. Produced with the assistance of the 
Democratic leadership of other Committees, former officials of 
previous Democratic administrations, and over 35 outside 
experts on national security, homeland defense, and foreign 
policy who have traditionally advised Democratic Members, 
Winning the War on Terror reaffirms the commitment needed to 
prevail in the U.S. struggle against terrorism.

America at Risk: Closing the Security Gap

    Released by the Democratic Members of the Select Committee 
in February 2004, this 135-page report assesses the homeland 
security situation across the United States and recommends 
specific actions to strengthen protections against terrorists.

A Biodefense Failure: The National Smallpox Vaccination Program One 
        Year Later

    Issued in January 2004, one year after the initiation of 
the National Smallpox Vaccination Program, this report assesses 
the effectiveness of the vaccination effort and the remaining 
challenges present to make America safe against a smallpox 
bioterror attack.

America at Risk: The State of Homeland Security

    Released in January 2004 by the Democratic Members of the 
Select Committee, the report articulates initial findings 
regarding the country's homeland security situation.

Keeping Terrorists Out of America by Unifying Terrorist Watch Lists: 10 
        Requirements for an Effective Screening Center

    Released in November 2003 by the Democratic Members of the 
Select Committee, the report specifies ten requirements for an 
effective Terrorist Screening Center, and urges the 
establishment of a detailed expedited timeline to correct any 
existing TSC deficiencies.

               OVERSIGHT INQUIRIES AND RELATED ACTIVITIES

    During the 108th Congress, Democratic Members of the Select 
Committee directed the Democratic staff to undertake a series 
of oversight inquiries into key homeland security issues. These 
inquiries are summarized below.
    As a result of meetings held in February 2004 in Laredo, 
Texas with South Texas government, civic, and industry leaders 
on issues facing border communities, Representative Jim Turner 
tasked the Democratic staff of the Select Committee to closely 
examine all aspects of homeland security on the U.S. Southern 
border. On five separate fact-finding trips, several of which 
included the majority staff, the Democratic staff visited 24 of 
the 43 crossing points on the Southern border and inspected 
hundreds of miles of border territory between the official 
ports of entry. The staff interviewed hundreds of current and 
retired Department of Homeland Security employees, received 
briefings from virtually all federal agencies, and met with 
scores of subject matter experts to include city and state 
officials, community leaders, union officials, business 
leaders, and trade groups. A 130-page report outlining security 
issues was produced by the Democratic staff as a result of this 
six-month oversight effort. As a result of the findings and 
recommendations of the report, the Democratic staff of the 
Committee produced legislation to address identified issues 
(see Legislative Activities, above).
    In conjunction with an overall assessment in the spring and 
summer of 2004 of security along the U.S. Southern border, 
Representative Jim Turner asked the Democratic staff to 
determine the Department of Interior's homeland security 
efforts on federal lands adjoining the border. Staff identified 
several issues regarding coordination between DHS and the 
Department of Interior and the adequacy of current border 
security efforts. The issues, along with recommendations for 
corrective action, were included in the September 2004 report, 
``Transforming the Southern Border: Providing Security & 
Prosperity in the Post 9/11 World'' (see Oversight Reports, 
above).
    Over the course of the second session of the 108th 
Congress, the Democratic staff, at the request of Ranking 
Member Turner, conducted a lengthy review of DHS' US-VISIT 
entry-exit program. Specifically, four oversight letters were 
forwarded to Secretary Ridge, outlining in detail an 
understanding of the status of the Department's large new 
procurement effort to improve information-sharing among border 
security agencies, as well as the nature and sufficiency of the 
US-VISIT program's two-fingerprint scanning system.
    During the second session, the Democratic staff, at the 
behest of Ranking Member Turner, examined the circumstances 
surrounding efforts to award a major contract during 2004 for 
the production of 75 million doses of anthrax vaccine for the 
National Strategic Stockpile. Oversight efforts continue.
    In response to allegations of serious national security 
concerns, Ranking Member Turner directed the Democratic staff 
to travel to the Akwesasne Indian nation, situated on the St. 
Lawrence River, on both sides of the U.S./Canada border. As a 
result of meetings and briefings with officials from the U.S., 
Canada, and the Mohawk Indian nation, two oversight/
coordination letters were written to the Department of Homeland 
Security concerning the Akwesasne nation and coordination 
issues involving Customs and Border Protection (CBP) and 
Immigration and Customs Enforcement assets.
    In March 2004, Ranking Member Turner directed the 
Democratic staff to examine allegations made by officials 
within DHS concerning problems associated with the Federal 
Financial Management System (FFMS) within DHS' Bureau of 
Immigration and Customs Enforcement. The staff examined the 
integrity of the system, its purported inability to perform at 
acceptable levels, and possible Anti-Deficiency Act violations 
as a result of FFMS shortfalls. As a result of oversight 
activities, Representative Turner requested DHS' Inspector 
General to audit the financial system; a second letter was sent 
to Secretary Ridge outlining concerns. DHS' corrective efforts 
are ongoing.
    In January 2004, Ranking Member Turner directed the 
Democratic staff to look into homeland security aspects of the 
Department of Interior's law enforcement functions. In 
particular, the staff examined the circumstances surrounding 
the activities of Park Police officers in relation to a 
suspicious package placed next to the Washington Monument for 
nearly an hour on the two-year anniversary of September 11. The 
staff also looked into the 2003 ``tractor man'' incident where 
Dwight W. Watson drove a tractor into Constitution Gardens.
    In January 2004, Ranking Member Turner directed the 
Democratic staff to look into the circumstances surrounding DHS 
Customs and Border Protection awarding a $500 million contract 
to the Pacific Northwest National Laboratory, and the expertise 
of this particular laboratory in relation to others. As a 
result of this oversight effort, Representative Turner sent a 
letter to CBP requesting the documentation surrounding the 
formation of this contract. The Government Accountability 
Office was ultimately requested to continue looking into this 
matter due to the complexities of procurement and contracting 
law.
    Over the course of the second session, Ranking Member 
Turner and other Democratic Select Committee Members sent 59 
oversight letters to DHS and other government agencies on such 
diverse topics as bioterror, border security and maritime 
security. Rep. Turner requested four GAO investigations into 
issues involving the US-VISIT program, air cargo security, and 
the transportation of plutonium. Additionally, five requests to 
Inspector Generals of various agencies were made to examine 
such issues as security guidelines for aircraft coming into 
this country, and the security of our national parks and 
monuments.
    During the 108th Congress, Ranking Member requested that 
the DHS' Inspector General carry out 22 audits, inspections, or 
investigations on key homeland security topics over the course 
of fiscal year 2004. Specific issues include whether the DHS' 
Information Analysis and Infrastructure Protection Directorate 
possesses the necessary information technology systems to allow 
it to function effectively as a member of the Intelligence 
Community, the viability of ICE's financial management system, 
and the adequacy of the DHS' ``known shipper'' program to 
secure cargo placed on passenger aircraft. Such topics, and a 
majority of the others requested, were included in the Office 
of the Inspector General's audit and investigations plan for 
fiscal year 2004.

   ASSISTANCE TO THE DEMOCRATIC CAUCUS, OTHER COMMITTEES, AND SELECT 
                           COMMITTEE MEMBERS

    During the 108th Congress, both Democratic Members and 
staff of the Select Committee worked closely with other Members 
of the Democratic Caucus to provide support on homeland 
security issues. Highlights of such support include:
    The Democratic staff of the Select Committee provided the 
Democratic Leader with over 30 pieces of draft legislation to 
help craft a comprehensive bill to implement the findings of 
the 9/11 Commission. Following the introduction of H.R. 10, the 
Democratic Staff, working in cooperation with staff colleagues 
on the Government Reform Committee, produced a detailed 
analysis of the bill in comparison to the 41 recommendations of 
the 9/11 Commission's report, along with a list of other 
provisions included in H.R. 10 that did not directly relate to 
the Commission's report.
    The Democratic Members of the Select Committee wrote a 
series of letters to the Budget and Appropriations Committees 
regarding the adequacy of DHS' fiscal year 2005 budget request, 
and recommended specific increases for select homeland security 
programs.
    During the second session of the 108th Congress, Democratic 
Members and staff of the Select Committee worked in concert 
with the Democratic Leadership, the Democratic Homeland 
Security Caucus and other Democratic Members at several press 
and related public events to underscore the current status of 
homeland security programs, and propose alternative approaches 
on such topics as aviation security, port security, 
bioterrorism, rail security and civil liberties.
    On September 5, 2003, the Democratic Members of the Select 
Committee released the Democratic Strategy on Homeland 
Security. The document specified the state of homeland security 
and articulated alternative approaches in such areas as 
preventing terrorist attacks before they can occur, protecting 
U.S. sea, air, and land borders, providing for robust security 
inside America, and preparing communities to respond to a 
terrorist attack.
                                        Jim Turner,
                                            Ranking Member,
                             Select Committee on Homeland Security.

                                  
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