[House Report 109-71]
[From the U.S. Government Publishing Office]



109th Congress                                             Rept. 109-71
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

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

 
 DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2006

                                _______
                                

                  May 13, 2005.--Ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1817]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1817) to authorize appropriations for fiscal 
year 2006 for the Department of Homeland Security, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................    23
Background and Need for Legislation..............................    23
Hearings.........................................................    25
Committee Consideration..........................................    25
Committee Votes..................................................    25
Committee Oversight Findings.....................................    25
Statement of General Performance Goals and Objectives............    25
New Budget Authority, Entitlement Authority, and Tax Expenditures    25
Committee Cost Estimate..........................................    25
Congressional Budget Office Estimate.............................    25
Federal Mandates Statement.......................................    27
Advisory Committee Statement.....................................    27
Constitutional Authority Statement...............................    28
Applicability to Legislative Branch..............................    28
Section-by-Section Analysis of the Legislation...................    28
Changes in Existing Law Made by the Bill, as Reported............    31

                               Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec.  1. Short title.
Sec. 2. Table of contents.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.
Sec. 102. Border patrol agents.
Sec. 103. Departmental management and operations.
Sec. 104. Critical infrastructure grants.
Sec. 105. Research and development.
Sec. 106. Border and transportation security.
Sec. 107. State and local terrorism preparedness.
Sec. 108. Authorization of appropriations for training of State and 
local personnel in border States performing immigration functions.
Sec. 109. Metropolitan medical response system.

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

                    Subtitle A--Terrorism Prevention

Sec. 201. Terrorism Prevention Plan and related budget submission.
Sec. 202. Consolidated background check process.

    Subtitle B--Homeland Security Information Sharing and Analysis 
                              Enhancement

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

            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

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

 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

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

         Subtitle C--Security of public transportation systems

Sec. 321. Security best practices.
Sec. 322. Public awareness.

           Subtitle D--Critical infrastructure prioritization

Sec. 331. Critical infrastructure.
Sec. 332. Security review.
Sec. 333. Implementation report.
Sec. 334. Protection of information.

                        TITLE IV--MISCELLANEOUS

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. DEPARTMENT OF HOMELAND SECURITY.

   There is authorized to be appropriated to the Secretary of Homeland 
Security for the necessary expenses of the Department of Homeland 
Security for fiscal year 2006, $34,152,143,000.

SEC. 102. BORDER PATROL AGENTS.

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

SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS.

   Of the amount authorized under section 101, there is authorized to 
be appropriated for fiscal year 2006 for departmental management and 
operations, $634,687,000, of which--
          (1) $44,895,000 is authorized for the Department of Homeland 
        Security Regions Initiative;
          (2) $4,459,000 is authorized for Operation Integration Staff; 
        and
          (3) $56,278,000 is authorized for Office of Security 
        initiatives.

SEC. 104. CRITICAL INFRASTRUCTURE GRANTS.

   Of the amount authorized under section 101, there is authorized to 
be appropriated for fiscal year 2006 for grants and other assistance to 
improve critical infrastructure protection, $500,000,000.

SEC. 105. RESEARCH AND DEVELOPMENT.

   Of the amount authorized under section 101, there are authorized to 
be appropriated for fiscal year 2006--
          (1) $76,573,000 to support chemical countermeasure 
        development activities of the Directorate of Science and 
        Technology;
          (2) $197,314,000 to support a nuclear detection office and 
        related activities of such directorate;
          (3) $10,000,000 for research and development of technologies 
        capable of countering threats posed by man-portable air defense 
        systems, including location-based technologies and 
        noncommercial aircraft-based technologies; and
          (4) $10,600,000 for the activities of such directorate 
        conducted pursuant to subtitle G of title VIII of the Homeland 
        Security Act of 2002 (6 U.S.C. 441 et seq.).

SEC. 106. BORDER AND TRANSPORTATION SECURITY.

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

SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS.

  Of the amount authorized under section 101, there is authorized to be 
appropriated for fiscal year 2006--
          (1) $40,500,000 for the activities of the Office for 
        Interoperability and Compatibility within the Directorate of 
        Science and Technology pursuant to section 7303 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C 194); and
          (2) $1,000,000,000 for discretionary grants for high-threat, 
        high-density urban areas awarded by the Office of State and 
        Local Government Coordination and Preparedness.

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

  (a) In General.--To carry out subsection (b), subject to such 
limitations as may be provided in Acts making appropriations for 
Management and Administration for U.S. Immigration and Customs 
Enforcement, there are authorized to be appropriated from such amounts 
$40,000,000 for fiscal year 2006, to remain available until September 
30, 2007, for the purpose of enhancing the integrity of the border 
security system of the United States against the threat of terrorism.
  (b) Use of Funds.--From amounts made available under subsection (a), 
the Secretary of Homeland Security may reimburse a State or political 
subdivision described in subsection (c) for the expenses described in 
subsection (d).
  (c) Eligible Recipients.--A State, or a political subdivision of a 
State, is eligible for reimbursement under subsection (b) if the State 
or political subdivision--
          (1) contains a location that is 30 miles or less from a 
        border or coastline of the United States;
          (2) has entered into a written agreement described in section 
        287(g) of the Immigration and Nationality Act (8 U.S.C. 
        1357(g)) under which certain officers or employees of the State 
        or subdivision may be authorized to perform certain functions 
        of an immigration officer; and
          (3) desires such officers or employees to receive training 
        from the Department of Homeland Security in relation to such 
        functions.
  (d) Expenses.--The expenses described in this subsection are actual 
and necessary expenses incurred by the State or political subdivision 
in order to permit the training described in subsection (c)(3) to take 
place, including expenses such as the following:
          (1) Costs of travel and transportation to locations where 
        training is provided, including mileage and related allowances 
        for the use of a privately owned automobile.
          (2) Subsistence consisting of lodging, meals, and other 
        necessary expenses for the personal sustenance and comfort of a 
        person required to travel away from the person's regular post 
        of duty in order to participate in the training.
          (3) A per diem allowance paid instead of actual expenses for 
        subsistence and fees or tips to porters and stewards.
          (4) Costs of securing temporary replacements for personnel 
        traveling to, and participating in, the training.

SEC. 109. METROPOLITAN MEDICAL RESPONSE SYSTEM.

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

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

                    Subtitle A--Terrorism Prevention

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

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

SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS.

  (a) Requirement.--The Secretary shall establish a single process for 
conducting the security screening and background checks on individuals 
participating in any voluntary or mandatory departmental credentialing 
or registered traveler program.
  (b) Included Programs.--The process established under subsection (a) 
shall be sufficient to meet the security requirements of all applicable 
Departmental programs, including--
          (1) the Transportation Worker Identification Credential;
          (2) the Hazmat Endorsement Credential;
          (3) the Free and Secure Trade program;
          (4) the NEXUS and SENTRI border crossing programs;
          (5) the Registered Traveler program of the Transportation 
        Security Administration; and
          (6) any other similar program or credential considered 
        appropriate for inclusion by the Secretary.
  (c) Features of Process.--The process established under subsection 
(a) shall include the following:
          (1) A single submission of security screening information, 
        including personal data and biometric information as 
        appropriate, necessary to meet the security requirements of all 
        applicable departmental programs.
          (2) An ability to submit such security screening information 
        at any location or through any process approved by the 
        Secretary with respect to any of the applicable departmental 
        programs.
          (3) Acceptance by the Department of a security clearance 
        issued by a Federal agency, to the extent that the security 
        clearance process of the agency satisfies requirements that are 
        at least as stringent as those of the applicable departmental 
        programs under this section.
          (4) Standards and procedures for protecting individual 
        privacy, confidentiality, record retention, and addressing 
        other concerns relating to information security.
  (d) Deadlines.--The Secretary of Homeland Security shall--
          (1) submit a description of the process developed under 
        subsection (a) to the Committee on Homeland Security of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate by not later than 6 
        months after the date of the enactment of this Act; and
          (2) begin implementing such process by not later than 12 
        months after the date of the enactment of this Act.
  (e) Relationship to Other Laws.--(1) Nothing in this section affects 
any statutory requirement relating to the operation of the programs 
described in subsection (b).
  (2) Nothing in this section affects any statutory requirement 
relating to title III of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 435b et seq.).

    Subtitle B--Homeland Security Information Sharing and Analysis 
                              Enhancement

SEC. 211. SHORT TITLE.

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

SEC. 212. PROVISION OF TERRORISM-RELATED INFORMATION TO PRIVATE SECTOR 
                    OFFICIALS.

  Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is amended by adding at the end the following:
          ``(20) To require, in consultation with the Assistant 
        Secretary for Infrastructure Protection, the creation and 
        routine dissemination of analytic reports and products designed 
        to provide timely and accurate information that has specific 
        relevance to each of the Nation's critical infrastructure 
        sectors (as identified in the national infrastructure 
        protection plan issued under paragraph (5)), to private sector 
        officials in each such sector who are responsible for 
        protecting institutions within that sector from potential acts 
        of terrorism and for mitigating the potential consequences of 
        any such act.''.

SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BIOLOGICAL AGENTS AND 
                    NUCLEAR WEAPONS.

  Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is further amended by adding at the end the following:
          ``(21) To ensure sufficient analytic expertise within the 
        Office of Information Analysis to create and disseminate, on an 
        ongoing basis, products based on the analysis of homeland 
        security information, as defined in section 892(f)(1), with 
        specific reference to the threat of terrorism involving the use 
        of nuclear weapons and biological agents to inflict mass 
        casualties or other catastrophic consequences on the population 
        or territory of the United States.''.

SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.

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

``SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.

  ``The Secretary shall establish a process and assign an individual or 
entity the responsibility to ensure that, as appropriate, elements of 
the Department conduct alternative analysis (commonly referred to as 
`red-team analysis') of homeland security information, as that term is 
defined in section 892(f)(1), that relates to potential acts of 
terrorism involving the use of nuclear weapons or biological agents to 
inflict mass casualties or other catastrophic consequences on the 
population or territory of the United States.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 202 
the following:

``Sec. 203. Alternative analysis of homeland security information.''.

SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND INFRASTRUCTURE 
                    PROTECTION FUNCTIONS.

  Section 201(b) of the Homeland Security Act of 2002 (6 U.S.C. 121(b)) 
is amended by adding at the end the following:
          ``(4) Assignment of specific functions.--The Under Secretary 
        for Information Analysis and Infrastructure Protection--
                  ``(A) shall assign to the Assistant Secretary for 
                Information Analysis the responsibility for performing 
                the functions described in paragraphs (1), (4), (7) 
                through (14), (16), and (18) of subsection (d);
                  ``(B) shall assign to the Assistant Secretary for 
                Infrastructure Protection the responsibility for 
                performing the functions described in paragraphs (2), 
                (5), and (6) of subsection (d);
                  ``(C) shall ensure that the Assistant Secretary for 
                Information Analysis and the Assistant Secretary for 
                Infrastructure Protection both perform the functions 
                described in paragraphs (3), (15), (17), and (19) of 
                subsection (d);
                  ``(D) may assign to each such Assistant Secretary 
                such other duties relating to such responsibilities as 
                the Under Secretary may provide;
                  ``(E) shall direct each such Assistant Secretary to 
                coordinate with Federal, State, and local law 
                enforcement agencies, and with tribal and private 
                sector entities, as appropriate; and
                  ``(F) shall direct the Assistant Secretary for 
                Information Analysis to coordinate with elements of the 
                intelligence community, as appropriate.''.

SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY INFORMATION.

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

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

  ``(a) Primary Authority.--Except as provided in subsection (b), the 
Secretary shall be the executive branch official responsible for 
disseminating homeland security information to State and local 
government and tribal officials and the private sector.
  ``(b) Prior Approval Required.--No Federal official may disseminate 
any homeland security information, as defined in section 892(f)(1), to 
State, local, tribal, or private sector officials without the 
Secretary's prior approval, except--
          ``(1) in exigent circumstances under which it is essential 
        that the information be communicated immediately; or
          ``(2) when such information is issued to State, local, or 
        tribal law enforcement officials for the purpose of assisting 
        them in any aspect of the administration of criminal 
        justice.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 103 
the following:

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

SEC. 217. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS PROGRAM.

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

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

  ``(a) Establishment.--
          ``(1) In general.--The Secretary shall establish a fellowship 
        program in accordance with this section for the purpose of 
        bringing State, local, tribal, and private sector officials to 
        participate in the work of the Homeland Security Operations 
        Center in order to become familiar with--
                  ``(A) the mission and capabilities of that Center; 
                and
                  ``(B) the role, programs, products, and personnel of 
                the Office of Information Analysis, the Office of 
                Infrastructure Protection, and other elements of the 
                Department responsible for the integration, analysis, 
                and dissemination of homeland security information, as 
                defined in section 892(f)(1).
          ``(2) Program name.--The program under this section shall be 
        known as the 9/11 Memorial Homeland Security Fellows Program.
  ``(b) Eligibility.--In order to be eligible for selection as a fellow 
under the program, an individual must--
          ``(1) have homeland security-related responsibilities; and
          ``(2) possess an appropriate national security clearance.
  ``(c) Limitations.--The Secretary--
          ``(1) may conduct up to 4 iterations of the program each 
        year, each of which shall be 90 days in duration; and
          ``(2) shall ensure that the number of fellows selected for 
        each iteration does not impede the activities of the Center.
  ``(d) Condition.--As a condition of selecting an individual as a 
fellow under the program, the Secretary shall require that the 
individual's employer agree to continue to pay the individual's salary 
and benefits during the period of the fellowship.
  ``(e) Stipend.--During the period of the fellowship of an individual 
under the program, the Secretary shall, subject to the availability of 
appropriations--
          ``(1) provide to the individual a stipend to cover the 
        individual's reasonable living expenses during the period of 
        the fellowship; and
          ``(2) reimburse the individual for round-trip, economy fare 
        travel to and from the individual's place of residence twice 
        each month.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

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

SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED INFORMATION.

  Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is further amended by adding at the end the following:
          ``(22) To ensure that--
                  ``(A) the Assistant Secretary for Information 
                Analysis receives promptly and without request all 
                information obtained by any component of the Department 
                if that information relates, directly or indirectly, to 
                a threat of terrorism involving the potential use of 
                nuclear weapons;
                  ``(B) such information is--
                          ``(i) integrated and analyzed 
                        comprehensively; and
                          ``(ii) disseminated in a timely manner, 
                        including to appropriately cleared State, 
                        local, tribal, and private sector officials; 
                        and
                  ``(C) such information is used to determine what 
                requests the Department should submit for collection of 
                additional information relating to that threat.''.

SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFORMATION ANALYSIS TO 
                    TERRORISM INFORMATION.

  Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is further amended by adding at the end the following:
          ``(23) To ensure that the Assistant Secretary for Information 
        Analysis--
                  ``(A) is routinely and without request given prompt 
                access to all terrorism-related information collected 
                by or otherwise in the possession of any component of 
                the Department, including all homeland security 
                information (as that term is defined in section 
                892(f)(1)); and
                  ``(B) to the extent technologically feasible has 
                direct access to all databases of any component of the 
                Department that may contain such information.''.

SEC. 220. ADMINISTRATION OF THE HOMELAND SECURITY INFORMATION NETWORK.

  Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is further amended by adding at the end the following:
          ``(24) To administer the homeland security information 
        network, including--
                  ``(A) exercising primary responsibility for 
                establishing a secure nationwide real-time homeland 
                security information sharing network for Federal, 
                State, and local government agencies and authorities, 
                tribal officials, the private sector, and other 
                governmental and private entities involved in 
                receiving, analyzing, and distributing information 
                related to threats to homeland security;
                  ``(B) ensuring that the information sharing systems, 
                developed in connection with the network established 
                under subparagraph (A), are utilized and are compatible 
                with, to the greatest extent practicable, Federal, 
                State, and local government, tribal, and private sector 
                antiterrorism systems and protocols that have been or 
                are being developed; and
                  ``(C) ensuring, to the greatest extent possible, that 
                the homeland security information network and 
                information systems are integrated and interoperable 
                with existing private sector technologies.''.

SEC. 221. IAIP PERSONNEL RECRUITMENT.

  (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding after section 9701 the following:

``Sec. 9702. Recruitment bonuses

  ``(a) In General.--Notwithstanding any provision of chapter 57, the 
Secretary of Homeland Security, acting through the Under Secretary for 
Information Analysis and Infrastructure Protection, may pay a bonus to 
an individual in order to recruit such individual for a position that 
is primarily responsible for discharging the analytic responsibilities 
specified in section 201(d) of the Homeland Security Act of 2002 (6 
U.S.C. 121(d)) and that--
          ``(1) is within the Directorate for Information Analysis and 
        Infrastructure Protection; and
          ``(2) would be difficult to fill in the absence of such a 
        bonus.
In determining which individuals are to receive bonuses under this 
section, appropriate consideration shall be given to the Directorate's 
critical need for linguists.
  ``(b) Bonus Amount, Form, Etc.--
          ``(1) In general.--The amount of a bonus under this section 
        shall be determined under regulations of the Secretary of 
        Homeland Security, but may not exceed 50 percent of the annual 
        rate of basic pay of the position involved.
          ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.
          ``(3) Computation rule.--For purposes of paragraph (1), the 
        annual rate of basic pay of a position does not include any 
        comparability payment under section 5304 or any similar 
        authority.
  ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Department of Homeland Security. The agreement shall 
include--
          ``(1) the period of service the individual shall be required 
        to complete in return for the bonus; and
          ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of any such termination.
  ``(d) Eligibility.--A bonus under this section may not be paid to 
recruit an individual for--
          ``(1) a position to which an individual is appointed by the 
        President, by and with the advice and consent of the Senate;
          ``(2) a position in the Senior Executive Service as a 
        noncareer appointee (as defined under section 3132(a)); or
          ``(3) a position which has been excepted from the competitive 
        service by reason of its confidential, policy-determining, 
        policy-making, or policy-advocating character.
  ``(e) Termination.--The authority to pay bonuses under this section 
shall terminate on September 30, 2008.

``Sec. 9703. Reemployed annuitants

  ``(a) In General.--If an annuitant receiving an annuity from the 
Civil Service Retirement and Disability Fund becomes employed in a 
position within the Directorate for Information Analysis and 
Infrastructure Protection of the Department of Homeland Security, the 
annuitant's annuity shall continue. An annuitant so reemployed shall 
not be considered an employee for the purposes of chapter 83 or 84.
  ``(b) Termination.--The exclusion pursuant to this section of the 
Directorate for Information Analysis and Infrastructure Protection from 
the reemployed annuitant provisions of chapters 83 and 84 shall 
terminate 3 years after the date of the enactment of this section, 
unless extended by the Secretary of Homeland Security. Any such 
extension shall be for a period of 1 year and shall be renewable.
  ``(c) Annuitant Defined.--For purposes of this section, the term 
`annuitant' has the meaning given such term under section 8331 or 8401, 
whichever is appropriate.

``Sec. 9704. Regulations

  ``The Secretary of Homeland Security, in consultation with the 
Director of the Office of Personnel Management, may prescribe any 
regulations necessary to carry out section 9702 or 9703.''.
  (b) Clerical Amendment.--The analysis for chapter 97 of title 5, 
United States Code, is amended by adding after the item relating to 
section 9701 the following:

``9702. Recruitment bonuses.
``9703. Reemployed annuitants.
``9704. Regulations.''.

SEC. 222. INFORMATION COLLECTION REQUIREMENTS AND PRIORITIES.

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

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

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

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

SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM.

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

``SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.

  ``(a) Requirement.--The Under Secretary for Information Analysis and 
Infrastructure Protection shall implement a Homeland Security Advisory 
System in accordance with this section to provide public advisories and 
alerts regarding threats to homeland security, including national, 
regional, local, and economic sector advisories and alerts, as 
appropriate.
  ``(b) Required Elements.--The Under Secretary, under the System--
          ``(1) shall include, in each advisory and alert regarding a 
        threat, information on appropriate protective measures and 
        countermeasures that may be taken in response to the threat;
          ``(2) shall, whenever possible, limit the scope of each 
        advisory and alert to a specific region, locality, or economic 
        sector believed to be at risk; and
          ``(3) shall not, in issuing any advisory or alert, use color 
        designations as the exclusive means of specifying the homeland 
        security threat conditions that are the subject of the advisory 
        or alert.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to subtitle A of title II the following:

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

SEC. 224. USE OF OPEN-SOURCE INFORMATION.

  Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
is further amended by adding at the end the following:
          ``(25) To ensure that, whenever possible--
                  ``(A) the Assistant Secretary for Information 
                Analysis produces and disseminates reports and analytic 
                products based on open-source information that do not 
                require a national security classification under 
                applicable law; and
                  ``(B) such unclassified open-source reports are 
                produced and disseminated contemporaneously with 
                reports or analytic products concerning the same or 
                similar information that the Assistant Secretary for 
                Information Analysis produces and disseminates in a 
                classified format.''.

SEC. 225. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION.

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

``SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION.

  ``The Under Secretary shall ensure that, in meeting their analytic 
responsibilities under section 201(d) and in formulating requirements 
for collection of additional information, the Assistant Secretary for 
Information Analysis and the Assistant Secretary for Infrastructure 
Protection make full and efficient use of open-source information 
wherever possible.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 205 the following:

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

            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.

  (a) In General.--Section 430(c) of the Homeland Security Act of 2002 
(6 U.S.C. 238) is amended by striking ``and'' after the semicolon at 
the end of paragraph (8), by striking the period at the end of 
paragraph (9) and inserting ``; and'', and by adding at the end the 
following:
          ``(10) designing, developing, performing, and evaluating 
        exercises at the national, State, territorial, regional, local, 
        and tribal levels of government that incorporate government 
        officials, emergency response providers, public safety 
        agencies, the private sector, international governments and 
        organizations, and other appropriate entities to test the 
        Nation's capability to prevent, prepare for, respond to, and 
        recover from threatened or actual acts of terrorism.''.
  (b) National Terrorism Exercise Program.--
          (1) Establishment of program.--Title VIII of the Homeland 
        Security Act of 2002 (Public Law 107-296) is amended by adding 
        at the end the following new subtitle:

             ``Subtitle J--Terrorism Preparedness Exercises

``SEC. 899A. NATIONAL TERRORISM EXERCISE PROGRAM.

  ``(a) In General.--The Secretary, through the Office for Domestic 
Preparedness, shall establish a National Terrorism Exercise Program for 
the purpose of testing and evaluating the Nation's capabilities to 
prevent, prepare for, respond to, and recover from threatened or actual 
acts of terrorism that--
          ``(1) enhances coordination for terrorism preparedness 
        between all levels of government, emergency response providers, 
        international governments and organizations, and the private 
        sector;
          ``(2) is--
                  ``(A) multidisciplinary in nature, including, as 
                appropriate, information analysis and cybersecurity 
                components;
                  ``(B) as realistic as practicable and based on 
                current risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                  ``(C) carried out with the minimum degree of notice 
                to involved parties regarding the timing and details of 
                such exercises, consistent with safety considerations;
                  ``(D) evaluated against performance measures and 
                followed by corrective action to solve identified 
                deficiencies; and
                  ``(E) assessed to learn best practices, which shall 
                be shared with appropriate Federal, State, territorial, 
                regional, local, and tribal personnel, authorities, and 
                training institutions for emergency response providers; 
                and
          ``(3) assists State, territorial, local, and tribal 
        governments with the design, implementation, and evaluation of 
        exercises that--
                  ``(A) conform to the requirements of paragraph (2); 
                and
                  ``(B) are consistent with any applicable State 
                homeland security strategy or plan.
  ``(b) National Level Exercises.--The Secretary, through the National 
Terrorism Exercise Program, shall perform on a periodic basis national 
terrorism preparedness exercises for the purposes of--
          ``(1) involving top officials from Federal, State, 
        territorial, local, tribal, and international governments, as 
        the Secretary considers appropriate;
          ``(2) testing and evaluating the Nation's capability to 
        detect, disrupt, and prevent threatened or actual catastrophic 
        acts of terrorism, especially those involving weapons of mass 
        destruction; and
          ``(3) testing and evaluating the Nation's readiness to 
        respond to and recover from catastrophic acts of terrorism, 
        especially those involving weapons of mass destruction.
  ``(c) Consultation With First Responders.--In implementing the 
responsibilities described in subsections (a) and (b), the Secretary 
shall consult with a geographic (including urban and rural) and 
substantive cross section of governmental and nongovernmental first 
responder disciplines, including as appropriate--
          ``(1) Federal, State, and local first responder training 
        institutions;
          ``(2) representatives of emergency response providers; and
          ``(3) State and local officials with an expertise in 
        terrorism preparedness.''.
          (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to title VIII the following:

             ``Subtitle J--Terrorism Preparedness Exercises

``Sec. 899a. National terrorism exercise program.''.
  (c) TOPOFF Prevention Exercise.--No later than one year after the 
date of enactment of this Act, the Secretary of Homeland Security shall 
design and carry out a national terrorism prevention exercise for the 
purposes of--
          (1) involving top officials from Federal, State, territorial, 
        local, tribal, and international governments; and
          (2) testing and evaluating the Nation's capability to detect, 
        disrupt, and prevent threatened or actual catastrophic acts of 
        terrorism, especially those involving weapons of mass 
        destruction.

SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER.

  (a) Establishment of Technology Clearinghouse.--Not later than 90 
days after the date of enactment of this Act, the Secretary shall 
complete the establishment of the Technology Clearinghouse under 
section 313 of the Homeland Security Act of 2002.
  (b) Transfer Program.--Section 313 of the Homeland Security Act of 
2002 (6 U.S.C. 193) is amended--
          (1) by adding at the end of subsection (b) the following new 
        paragraph:
          ``(6) The establishment of a homeland security technology 
        transfer program to facilitate the identification, 
        modification, and commercialization of technology and equipment 
        for use by Federal, State, and local governmental agencies, 
        emergency response providers, and the private sector to 
        prevent, prepare for, or respond to acts of terrorism.'';
          (2) by redesignating subsection (c) as subsection (d); and
          (3) by inserting after subsection (b) the following new 
        subsection:
  ``(c) Technology Transfer Program.--In developing the program 
described in subsection (b)(6), the Secretary, acting through the Under 
Secretary for Science and Technology, shall--
          ``(1) in consultation with the other Under Secretaries of the 
        Department and the Director of the Office for Domestic 
        Preparedness, on an ongoing basis--
                  ``(A) conduct surveys and reviews of available 
                appropriate technologies that have been, or are in the 
                process of being developed, tested, evaluated, or 
                demonstrated by the Department, other Federal agencies, 
                or the private sector or foreign governments and 
                international organizations and that may be useful in 
                assisting Federal, State, and local governmental 
                agencies, emergency response providers, or the private 
                sector to prevent, prepare for, or respond to acts of 
                terrorism;
                  ``(B) conduct or support research, development, 
                tests, and evaluations, as appropriate of technologies 
                identified under subparagraph (A), including any 
                necessary modifications to such technologies for 
                antiterrorism use;
                  ``(C) communicate to Federal, State, and local 
                governmental agencies, emergency response providers, or 
                the private sector the availability of such 
                technologies for antiterrorism use, as well as the 
                technology's specifications, satisfaction of 
                appropriate standards, and the appropriate grants 
                available from the Department to purchase such 
                technologies;
                  ``(D) coordinate the selection and administration of 
                all technology transfer activities of the Science and 
                Technology Directorate, including projects and grants 
                awarded to the private sector and academia; and
                  ``(E) identify priorities based on current risk 
                assessments within the Department of Homeland Security 
                for identifying, researching, developing, testing, 
                evaluating, modifying, and fielding existing 
                technologies for antiterrorism purposes;
          ``(2) in support of the activities described in paragraph 
        (1)--
                  ``(A) consult with Federal, State, and local 
                emergency response providers;
                  ``(B) consult with government agencies and nationally 
                recognized standards development organizations as 
                appropriate;
                  ``(C) enter into agreements and coordinate with other 
                Federal agencies, foreign governments, and national and 
                international organizations as the Secretary determines 
                appropriate, in order to maximize the effectiveness of 
                such technologies or to facilitate commercialization of 
                such technologies; and
                  ``(D) consult with existing technology transfer 
                programs and Federal and State training centers that 
                research, develop, test, evaluate, and transfer 
                military and other technologies for use by emergency 
                response providers; and
          ``(3) establish a working group in coordination with the 
        Secretary of Defense to advise and assist the technology 
        clearinghouse in the identification of military technologies 
        that are in the process of being developed, or are developed, 
        by the Department of Defense or the private sector, which may 
        include--
                  ``(A) representatives from the Department of Defense 
                or retired military officers;
                  ``(B) nongovernmental organizations or private 
                companies that are engaged in the research, 
                development, testing, or evaluation of related 
                technologies or that have demonstrated prior experience 
                and success in searching for and identifying 
                technologies for Federal agencies;
                  ``(C) Federal, State, and local emergency response 
                providers; and
                  ``(D) to the extent the Secretary considers 
                appropriate, other organizations, other interested 
                Federal, State, and local agencies, and other 
                interested persons.''.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Under Secretary for Science and Technology shall transmit 
to the Committees on Homeland Security and Energy and Commerce of the 
House of Representatives and the Committees on Homeland Security and 
Governmental Affairs and Commerce, Science, and Transportation of the 
Senate a description of the progress the Department has made in 
implementing the provisions of section 313 of the Homeland Security Act 
of 2002, as amended by this Act, including a description of the process 
used to review unsolicited proposals received as described in 
subsection (b)(3) of such section.
  (d) Savings Clause.--Nothing in this section (including the 
amendments made by this section) shall be construed to alter or 
diminish the effect of the limitation on the authority of the Secretary 
of Homeland Security under section 302(4) of the Homeland Security Act 
of 2002 (6 U.S.C. 182(4)) with respect to human health-related research 
and development activities.

SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS.

  (a) Study.--The Secretary of Homeland Security shall conduct a study 
of all Department of Homeland Security procurements, including ongoing 
procurements and anticipated procurements, to--
          (1) identify those that involve any product, equipment, 
        service (including support services), device, or technology 
        (including information technology) that is being designed, 
        developed, modified, or procured for the specific purpose of 
        preventing, detecting, identifying, or deterring acts of 
        terrorism or limiting the harm such acts might otherwise cause; 
        and
          (2) assess whether such product, equipment, service 
        (including support services), device, or technology is an 
        appropriate candidate for the litigation and risk management 
        protections of subtitle G of title VIII of the Homeland 
        Security Act of 2002.
  (b) Summary and Classification Report.--Not later than 180 days after 
the date of enactment of this Act, the Secretary shall transmit to the 
Congress a report--
          (1) describing each product, equipment, service (including 
        support services), device, and technology identified under 
        subsection (a) that the Secretary believes would be an 
        appropriate candidate for the litigation and risk management 
        protections of subtitle G of title VIII of the Homeland 
        Security Act of 2002;
          (2) listing each such product, equipment, service (including 
        support services), device, and technology in order of priority 
        for deployment in accordance with current terrorism risk 
        assessment information; and
          (3) setting forth specific actions taken, or to be taken, to 
        encourage or require persons or entities that sell or otherwise 
        provide such products, equipment, services (including support 
        services), devices, and technologies to apply for the 
        litigation and risk management protections of subtitle G of 
        title VIII of the Homeland Security Act of 2002, and to ensure 
        prioritization of the Department's review of such products, 
        equipment, services, devices, and technologies under such Act 
        in accordance with the prioritization set forth in paragraph 
        (2) of this subsection.

SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY.

  The Secretary of Homeland Security shall establish a university-based 
Center for Excellence for Border Security following the merit-review 
processes and procedures that have been established for selecting 
University Programs Centers of Excellence. The Center shall prioritize 
its activities on the basis of risk to address the most significant 
threats, vulnerabilities, and consequences posed by the Nation's 
borders and border control systems, including the conduct of research, 
the examination of existing and emerging border security technology and 
systems, and the provision of education, technical, and analytical 
assistance for the Department of Homeland Security to effectively 
secure the Nation's borders.

SEC. 305. REQUIREMENTS RELATING TO THE CONTAINER SECURITY INITIATIVE 
                    (CSI).

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

SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.

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

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

  Not later than 180 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall implement section 823(a) of the 
Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 41718 
note; 117 Stat. 2595).

SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE.

  (a) Findings.--The Congress finds the following:
          (1) The 9/11 Commission determined that the inability of 
        first responders to communicate effectively on September 11, 
        2001 was a critical obstacle to an effective multi-
        jurisdictional response.
          (2) Many jurisdictions across the country still experience 
        difficulties communicating that may contribute to confusion, 
        delays, or added risks when responding to an emergency.
          (3) During fiscal year 2004, the Office for Domestic 
        Preparedness awarded over $834,000,000 for 2,912 projects 
        through Department of Homeland Security grant programs for the 
        purposes of improving communications interoperability.
          (4) Interoperable communications systems are most effective 
        when designed to comprehensively address, on a regional basis, 
        the communications of all types of public safety agencies, 
        first responder disciplines, and State and local government 
        facilities.
          (5) Achieving communications interoperability is complex due 
        to the extensive training, system modifications, and agreements 
        among the different jurisdictions that are necessary to 
        implement effective communications systems.
          (6) The Congress authorized the Department of Homeland 
        Security to create an Office for Interoperability and 
        Compatibility in the Intelligence Reform and Terrorism 
        Prevention Act of 2004 to, among other things, establish a 
        comprehensive national approach, coordinate federal activities, 
        accelerate the adoption of standards, and encourage research 
        and development to achieve interoperable communications for 
        first responders.
          (7) The Office for Interoperability and Compatibility 
        includes the SAFECOM Program that serves as the umbrella 
        program within the Federal government to improve public safety 
        communications interoperability, and has developed the RAPIDCOM 
        program, the Statewide Communications Interoperability Planning 
        Methodology, and a Statement of Requirements to provide 
        technical, planning, and purchasing assistance for Federal 
        departments and agencies, State and local governments, and 
        first responders.
  (b) Sense of Congress.--It is the sense of the Congress that the 
Department of Homeland Security should implement as expeditiously as 
possible the initiatives assigned to the Office for Interoperability 
and Compatibility under section 7303 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194), including specifically 
the following:
          (1) Establishing a comprehensive national approach to 
        achieving public safety interoperable communications.
          (2) Issuing letters of intent to commit future funds for 
        jurisdictions through existing homeland security grant programs 
        to applicants as appropriate to encourage long-term investments 
        that may significantly improve communications interoperability.
          (3) Providing technical assistance to additional urban and 
        other high-risk areas to support the establishment of 
        consistent, secure, and effective interoperable communications 
        capabilities.
          (4) Completing the report to the Congress on the Department's 
        plans for accelerating the development of national voluntary 
        consensus standards for public safety interoperable 
        communications, a schedule of milestones for such development, 
        and achievements of such development, by no later than 30 days 
        after the date of enactment of this Act.

SEC. 309. REPORT TO CONGRESS ON IMPLEMENTATION OF RECOMMENDATIONS 
                    REGARDING PROTECTION OF AGRICULTURE.

  The Secretary of Homeland Security shall report to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate by no later 
than 120 days after the date of the enactment of this Act regarding how 
the Department of Homeland Security will implement the applicable 
recommendations from the Government Accountability Office report 
entitled ``Homeland Security: Much is Being Done to Protect Agriculture 
from a Terrorist Attack, but Important Challenges Remain'' (GAO-05-
214).

 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

SEC. 311. SHORT TITLE.

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

SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY.

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

SEC. 313. CYBERSECURITY DEFINED.

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

SEC. 314. CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT.

  (a) In General.--The Secretary of Homeland Security, acting through 
the Assistant Secretary for Cybersecurity, may establish, in 
conjunction with the National Science Foundation, a program to award 
grants to institutions of higher education (and consortia thereof) 
for--
          (1) the establishment or expansion of cybersecurity 
        professional development programs;
          (2) the establishment or expansion of associate degree 
        programs in cybersecurity; and
          (3) the purchase of equipment to provide training in 
        cybersecurity for either professional development programs or 
        degree programs.
  (b) Roles.--
          (1) Department of homeland security.--The Secretary, acting 
        through the Assistant Secretary for Cybersecurity and in 
        consultation with the Director of the National Science 
        Foundation, shall establish the goals for the program 
        established under this section and the criteria for awarding 
        grants under the program.
          (2) National science foundation.--The Director of the 
        National Science Foundation shall operate the program 
        established under this section consistent with the goals and 
        criteria established under paragraph (1), including soliciting 
        applicants, reviewing applications, and making and 
        administering grant awards. The Director may consult with the 
        Assistant Secretary for Cybersecurity in selecting awardees.
          (3) Funding.--The Secretary shall transfer to the National 
        Science Foundation the funds necessary to carry out this 
        section.
  (c) Grant Awards.--
          (1) Peer review.--All grant awards under this section shall 
        be made on a competitive, merit-reviewed basis.
          (2) Focus.--In making grant awards under this section, the 
        Director shall, to the extent practicable, ensure geographic 
        diversity and the participation of women and underrepresented 
        minorities.
          (3) Preference.--In making grant awards under this section, 
        the Director shall give preference to applications submitted by 
        consortia of institutions to encourage as many students and 
        professionals as possible to benefit from this program.
  (d) Authorization of Appropriations.--Of the amount authorized under 
section 101, there is authorized to be appropriated to the Secretary 
for carrying out this section $3,700,000 for fiscal year 2006.
  (e) Definitions.--In this section, the term ``institution of higher 
education'' has the meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)).

         Subtitle C--Security of Public Transportation Systems

SEC. 321. SECURITY BEST PRACTICES.

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

SEC. 322. PUBLIC AWARENESS.

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

           Subtitle D--Critical Infrastructure Prioritization

SEC. 331. CRITICAL INFRASTRUCTURE.

  (a) Completion of Prioritization.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall complete the prioritization of the Nation's critical 
infrastructure according to all of the following criteria:
          (1) The threat of terrorist attack, based on threat 
        information received and analyzed by the Office of Information 
        Analysis of the Department regarding the intentions and 
        capabilities of terrorist groups and other potential threats to 
        the Nation's critical infrastructure.
          (2) The likelihood that an attack would cause the destruction 
        or significant disruption of such infrastructure.
          (3) The likelihood that an attack would result in substantial 
        numbers of deaths and serious bodily injuries, a substantial 
        adverse impact on the national economy, or a substantial 
        adverse impact on national security.
  (b) Cooperation.--Such prioritization shall be developed in 
cooperation with other relevant Federal agencies, State, local, and 
tribal governments, and the private sector, as appropriate. The 
Secretary shall coordinate the prioritization under this section with 
other Federal agencies, including the Department of Commerce, the 
Department of Energy, the Department of Transportation, the Federal 
Communications Commission, the Nuclear Regulatory Commission, the 
Federal Energy Regulatory Commission, the Environmental Protection 
Agency, the Federal Trade Commission, and the National 
Telecommunications and Information Administration.

SEC. 332. SECURITY REVIEW.

  (a) Requirement.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary, in coordination with other 
relevant Federal agencies, State, local, and tribal governments, and 
the private sector, as appropriate, shall--
          (1) review existing Federal, State, local, tribal, and 
        private sector plans for securing the critical infrastructure 
        included in the prioritization developed under section 331;
          (2) recommend changes to existing plans for securing such 
        infrastructure, as the Secretary determines necessary; and
          (3) coordinate and contribute to protective efforts of other 
        Federal, State, local, and tribal agencies and the private 
        sector, as appropriate, as directed in Homeland Security 
        Presidential Directive 7.
  (b) Contents of Plans.--The recommendations made under subsection 
(a)(2) shall include--
          (1) necessary protective measures to secure such 
        infrastructure, including milestones and timeframes for 
        implementation; and
          (2) to the extent practicable, performance metrics to 
        evaluate the benefits to both national security and the 
        Nation's economy from the implementation of such protective 
        measures.
  (c) Coordination.--The Secretary shall coordinate the security review 
and recommendations required by subsection (a) with other Federal 
agencies, including the Department of Commerce, the Department of 
Energy, the Department of Transportation, the Federal Communications 
Commission, the Nuclear Regulatory Commission, the Federal Energy 
Regulatory Commission, the Environmental Protection Agency, the Federal 
Trade Commission, and the National Telecommunications and Information 
Administration.

SEC. 333. IMPLEMENTATION REPORT.

  (a) In General.--Not later than 15 months after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committees on Homeland Security and Energy and Commerce of the House of 
Representatives and the Committees on Homeland Security and 
Governmental Affairs and Commerce, Science, and Transportation of the 
Senate on the implementation of section 332. Such report shall detail--
          (1) the Secretary's review and coordination of security plans 
        under section 332; and
          (2) the Secretary's oversight of the execution and 
        effectiveness of such plans.
  (b) Update.--Not later than 1 year after the submission of the report 
under subsection (a), the Secretary, following the coordination 
required by section 332(c), shall provide an update of such report to 
the congressional committees described in subsection (a).

SEC. 334. PROTECTION OF INFORMATION.

  Information that is generated, compiled, or disseminated by the 
Department of Homeland Security in carrying out this section--
          (1) is exempt from disclosure under section 552 of title 5, 
        United States Code; and
          (2) shall not, if provided by the Department to a State or 
        local government or government agency--
                  (A) be made available pursuant to any State or local 
                law requiring disclosure of information or records;
                  (B) otherwise be disclosed or distributed to any 
                person by such State or local government or government 
                agency without the written consent of the Secretary; or
                  (C) be used other than for the purpose of protecting 
                critical infrastructure or protected systems, or in 
                furtherance of an investigation or the prosecution of a 
                criminal act.

                        TITLE IV--MISCELLANEOUS

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

  (a) Findings.--The Congress makes the following findings:
          (1) In creating the Department of Homeland Security, the 
        Congress sought to enhance the Nation's capabilities to 
        prevent, protect against, and respond to terrorist acts by 
        consolidating existing Federal agencies with homeland security 
        functions into a single new Department, and by realigning the 
        missions of those legacy agencies to more directly support our 
        national homeland security efforts.
          (2) As part of this massive government reorganization, 
        section 442 of the Homeland Security Act of 2002 (Public Law 
        107-273) established a Bureau of Border Security and 
        transferred into it all of the functions, programs, personnel, 
        assets, and liabilities pertaining to the following programs: 
        the Border Patrol; alien detention and removal; immigration-
        related intelligence, investigations, and enforcement 
        activities; and immigration inspections at ports of entry.
          (3) Title IV of the Homeland Security Act of 2002 (Public Law 
        107-273) also transferred to the new Department the United 
        States Customs Service, as a distinct entity within the new 
        Department, to further the Department's border integrity 
        mission.
          (4) Utilizing its reorganization authority provided in the 
        Homeland Security Act of 2002, the President submitted a 
        reorganization plan for the Department on January 30, 2003.
          (5) This plan merged the customs and immigration border 
        inspection and patrol functions, along with agricultural 
        inspections functions, into a new entity called United States 
        Customs and Border Protection.
          (6) The plan also combined the customs and immigration 
        enforcement agents, as well as the Office of Detention and 
        Removal Operations, the Office of Federal Protective Service, 
        the Office of Federal Air Marshal Service, and the Office of 
        Intelligence, into another new entity called United States 
        Immigration and Customs Enforcement.
          (7) The President's January 30, 2003, reorganization plan did 
        not explain the reasons for separating immigration inspection 
        and border patrol functions from other immigration-related 
        enforcement activities, which was contrary to the single Bureau 
        of Border Security as prescribed by the Congress in the section 
        441 of the Homeland Security Act of 2002.
          (8) Two years after this structure has been in effect, 
        questions remain about whether the Department has organized 
        itself properly, and is managing its customs and immigration 
        enforcement and border security resources in the most 
        efficient, sensible, and effective manner.
          (9) The current structure has resulted in less cooperation 
        and information sharing between these two critical functions 
        than is desirable, and has caused operational and 
        administrative difficulties that are hampering efforts to 
        secure our borders and ensure the integrity of our border 
        control system.
          (10) United States Immigration and Customs Enforcement has 
        faced major budgetary challenges that are, in part, 
        attributable to the inexact division of resources upon the 
        separation of immigration functions. These budget shortfalls 
        have forced United States Immigration and Customs Enforcement 
        to impose hiring freezes and to release aliens that otherwise 
        should be detained.
          (11) The current structure also has resulted in unnecessary 
        overlap and duplication between United States Immigration and 
        Customs Enforcement and United States Customs and Border 
        Protection, both in the field and at the headquarters level. 
        There are intelligence, legislative affairs, public affairs, 
        and international affairs offices in both agencies.
          (12) Border security and customs and immigration enforcement 
        should be one seamless mission.
  (b) Report.--
          (1) In general.--Not later than 30 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        review and evaluate the current organizational structure of the 
        Department of Homeland Security established by the President's 
        January 30, 2003, reorganization plan and submit a report of 
        findings and recommendations to the Congress.
          (2) Contents of report.--The report shall include--
                  (A) a description of the rationale for, and any 
                benefits of, the current organizational division of 
                United States Immigration and Customs Enforcement and 
                United States Customs and Border Protection, with 
                respect to the Department's immigration and customs 
                missions;
                  (B) a description of the organization, missions, 
                operations, and policies of United States Customs and 
                Border Protection and United States Immigration and 
                Customs Enforcement, and areas of unnecessary overlap 
                or operational gaps among and between these missions;
                  (C) an analysis of alternative organizational 
                structures that could provide a more effective way to 
                deliver maximum efficiencies and mission success;
                  (D) a description of the current role of the 
                Directorate of Border and Transportation Security with 
                respect to providing adequate direction and oversight 
                of the two agencies, and whether this management 
                structure is still necessary;
                  (E) an analysis of whether the Federal Air Marshals 
                and the Federal Protective Service are properly located 
                within the Department within United States Immigration 
                and Customs Enforcement;
                  (F) the proper placement and functions of a 
                specialized investigative and patrol unit operating at 
                the southwest border on the Tohono O'odham Nation, 
                known as the Shadow Wolves;
                  (G) the potential costs of reorganization, including 
                financial, programmatic, and other costs, to the 
                Department; and
                  (H) recommendations for correcting the operational 
                and administrative problems that have been caused by 
                the division of United States Customs and Border 
                Protection and United States Immigration and Customs 
                Enforcement, including any appropriate reorganization 
                plans.

SEC. 402. GAO REPORTS TO CONGRESS.

  (a) In General.-- Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Congress a report that sets forth--
          (1) an assessment of the effectiveness of the organizational 
        and management structure of the Department of Homeland Security 
        in meeting the Department's missions; and
          (2) recommendations to facilitate and improve the 
        organization and management of the Department to best meet 
        those missions.
  (b) Cybersecurity Assessment.--Not later than 6 months after the date 
of enactment of this Act, the Comptroller General shall submit a report 
to the Committees on Homeland Security and Energy and Commerce of the 
House of Representatives and the Committees on Homeland Security and 
Governmental Affairs and Commerce, Science, and Transportation of the 
Senate that sets forth an assessment of the effectiveness of the 
efforts of the Assistant Secretary for Cybersecurity to fulfill the 
statutory responsibilities of that office.

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

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

SEC. 404. PLAN TO REDUCE WAIT TIMES.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall develop a plan--
          (1) to improve the operational efficiency of security 
        screening checkpoints at commercial service airports so that 
        average peak waiting periods at such checkpoints do not exceed 
        20 minutes; and
          (2) to ensure that there are no significant disparities in 
        immigration and customs processing times among airports that 
        serve as international gateways.

SEC. 405. DENIAL OF TRANSPORTATION SECURITY CARD.

  Section 70105(c) of title 46, United States Code, is amended--
          (1) in paragraph (3) by inserting before the period ``before 
        an administrative law judge''; and
          (2) by adding at the end the following:
  ``(5) In making a determination under paragraph (1)(D), the Secretary 
shall not consider a felony conviction if--
          ``(A) that felony occurred more than 7 years prior to the 
        date of the Secretary's determination; and
          ``(B) the felony was not related to terrorism (as that term 
        is defined in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101)).''.

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

  (a) Transfer of Existing Unit.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall transfer to the Bureau of Immigration and Customs Enforcement all 
functions (including the personnel, assets, and obligations held by or 
available in connection with such functions) of the Customs Patrol 
Officers unit of the Bureau of Customs and Border Protection operating 
on the Tohono O'odham Indian reservation (commonly known as the `Shadow 
Wolves' unit).
  (b) Establishment of New Units.--The Secretary is authorized to 
establish within the Bureau of Immigration and Customs Enforcement 
additional units of Customs Patrol Officers in accordance with this 
section.
  (c) Duties.--The Secretary is authorized to establish within the 
Bureau of Immigration and Customs Enforcement additional units of 
Customs Patrol Officers in accordance with this section.
  (d) Basic Pay for Journeyman Officers.--The rate of basic pay for a 
journeyman Customs Patrol Officer in a unit described in this section 
shall be not less than the rate of basic pay for GS-13 of the General 
Schedule.
  (e) Supervisors.--Each unit described under this section shall be 
supervised by a Chief Customs Patrol Officer, who shall have the same 
rank as a resident agent-in-charge of the Office of Investigations.

SEC. 407. AUTHORITY AND RESPONSIBILITY OF OTHER FEDERAL AGENCIES.

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

                          Purpose and Summary

    The purpose of H.R. 1817, ``Department of Homeland Security 
Authorization Act for Fiscal Year 2006,'' is to authorize 
appropriations for fiscal year 2006 for the Department of 
Homeland Security, and for other purposes.

                  Background and Need for Legislation

    Our nation's critical infrastructure encompasses public and 
private facilities in the sectors of agriculture, food, water, 
public health, emergency services, government, defense 
industrial base, information and telecommunications, energy, 
transportation, banking and finance, chemicals and hazardous 
materials, and postal and shipping. Computers are their nervous 
system. Cyberspace is composed of hundreds of thousands of 
interconnected computers, servers, routers, and switches that 
monitor and allow the nation's critical infrastructure to work. 
Thus, the healthy functioning of cyberspace is essential to the 
country's economic strength and its national security.
    The issue of cybersecurity falls squarely within the 
jurisdiction of the Committee on Energy and Commerce. It is the 
Committee on Energy and Commerce that has cybersecurity 
jurisdiction due to its existing oversight of the networks, 
systems, facilities, and equipment over which any cybersecurity 
attack would occur and the potential effects of cybersecurity 
incidents on our nation's interstate and foreign commerce. When 
the House passed the Rules package for the 109th Congress, it 
did not contain language in Rule X granting the Committee on 
Homeland Security jurisdiction over cybersecurity issues. 
Importantly, language that would have given the Committee on 
Homeland Security some jurisdiction over cybersecurity was 
removed. Removal of this language was agreed to by the 
Republican Conference and later by a vote of the full House. 
The vote of the Republican Conference, and the vote adopting 
the Rules of the House, indicates that the Committee on 
Homeland Security is not the Committee of jurisdiction over 
issues involving cybersecurity.
    Cybersecurity and the protection of critical infrastructure 
are both core parts of the jurisdiction of the Committee on 
Energy and Commerce. As the Committee with oversight of key 
critical infrastructure and the regulation of such 
infrastructure by agencies including the Department of 
Commerce, Department of Energy, Department of Transportation, 
Federal Communications Commission, Federal Trade Commission, 
Federal Energy Regulatory Commission, Nuclear Regulatory 
Commission, National Telecommunications and Information 
Administration, and the Environmental Protection Agency, the 
Committee is cognizant of the wide range of security 
protections each agency of expertise has implemented or is 
actively developing. For that reason, the Committee adopted a 
Manager's amendment protecting the role of Federal agencies. 
Many of these agencies are taking steps to protect the critical 
infrastructure they regulate as well as their cyber assets. 
Additionally, the amendment makes clear that nothing in H.R. 
1817 diminishes or alters the role of these Federal agencies as 
they actively work to protect the nation's critical 
infrastructure, both physical and cyber. H.R. 1817 does nothing 
to undermine the authority of federal agencies of expertise to 
require that industries for which they have responsibility meet 
existing and future prescribed security and safety 
requirements.
    While the Committee would rather have had more time to hold 
hearings and mark up legislation addressing these issues, the 
Committee is responding to the tight time-limited referral of 
H.R. 1817. The Committee has jurisdiction over broad and far-
reaching subjects, including telecommunications, energy, health 
care, the environment, commerce, trade, and consumer 
protection. Due to time constraints, however, there were issues 
in H.R. 1817 that the Committee did not address, but that was 
not for lack of Committee jurisdiction. While H.R. 1817, as 
reported by the Committee on Energy and Commerce, addresses 
only some concerns relating to the Committee's jurisdiction, 
the Committee intends to return to these issues later in the 
year in a more comprehensive fashion.
    H.R. 1817 establishes a myriad of new programs and offices, 
a number of whose functions fall within this Committee's 
jurisdiction. Chief among them are sections 311-314, that among 
other things, create a new Assistant Secretary for 
Cybersecurity within the Department of Homeland Security. 
Section 313 defines ``cybersecurity.'' Further, in sections 
331-333, the bill requires the Department of Homeland Security 
to create a prioritization plan and complete a security review 
on how to protect the nation's ``critical infrastructure.'' 
Critical infrastructure encompasses many assets, including 
information, telecommunications, energy, financial services, 
water, and transportation networks and facilities. Such 
critical infrastructure assets are crucial to the country's 
interstate and foreign commerce and national security.
    The Committee has strong concerns about duplicative 
regulatory and oversight regimes and the impact they could have 
on interstate and foreign commerce as well as national 
security. The bill includes provisions that appear to grant the 
Department of Homeland Security (DHS) authority that overlaps 
with the responsibilities of other agencies within the 
jurisdiction of the Energy and Commerce Committee. Depending on 
future interpretation of these provisions, the result could be 
inconsistent oversight or regulation of various industries that 
already are responding to terrorism or other security 
directives from the agencies with direct regulatory authority 
over them. There is a risk that redundant, competing, and 
possibly conflicting obligations or priorities could be imposed 
upon businesses, such as the electric transmission, nuclear 
power, or telecommunications industries. It is unclear whether 
the nation's safety and security would be enhanced by such dual 
authority, or whether the related expenditure of federal funds 
would be warranted. In addition, dual oversight or regulation 
could blur lines of accountability, both within government and 
industry.

                                Hearings

    No hearings on this legislation have yet been held in the 
109th Congress.

                        Committee Consideration

    On Wednesday, May 11, 2005, the Full Committee met in open 
markup session and ordered H.R. 1817 favorably reported to the 
House, as amended, by a voice vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 1817 reported. A motion by Chairman Barton to order H.R. 
1817 reported to the House, as amended, was agreed to by a 
voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee did not hold any 
hearings on this legislation in the 109th Congress.

         Statement of General Performance Goals and Objectives

    The purpose of H.R. 1817, the Department of Homeland 
Security Authorization Act for FY 2006, is to authorize 
appropriations for fiscal year 2006 for the Department of 
Homeland Security, and for other purposes.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1817, the ``Department of Homeland Security Authorization Act 
for Fiscal Year 2006,'' would result in changes to budget 
authority, entitlement authority, and tax expenditures and 
revenues to the extent stated below in the Committee Cost 
Estimate.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 13, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1817, the 
Department of Homeland Security Authorization Act for Fiscal 
Year 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz (for federal costs), and Melissa Merrell (for the 
impact on state and local governments).
            Sincerely,
                                                     ------
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1817--Department of Homeland Security Authorization Act for Fiscal 
        Year 2006

     Summary: H.R 1817 would authorize the appropriation of 
$34.2 billion for fiscal year 2006 to fund the major operations 
of the Department of Homeland Security (DHS). CBO estimates 
that, implementing H.R. 1817 would cost about $33 billion over 
the 2006-2010 period, assuming appropriation of the authorized 
amounts. Enacting the bill would not affect direct spending or 
receipts.
    H.R. 1817 contains an intergovmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA) by exempting certain 
information related to critical infrastructure from state and 
local laws that provide public access to information. CBO 
estimates that the costs, if any, to state and local 
governments would be minimal and well below the annual 
threshold established in that act ($62 million in 2005, 
adjusted annually for inflation). H.R. 1817 . contains no new 
private-sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1817 is shown in the following table. 
For this estimate, CBO assumes that the authorized amounts will 
be appropriated near the beginning of fiscal year 2006 and that 
outlays will follow the historical spending rates. for these 
activities. The costs of this legislation fall within budget 
functions 050 (national defense), 300 (natural resources and 
environment), 400 (transportation), 450 (community and regional 
development), 550 (health), 600 (income security), 750 
(administration of justice), and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2005       2006       2007       2008       2009       2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Department of Homeland Security:
Spending Under Current Law:
    Estimated Budget Authoritya...............     38,469          0          0          0          0          0
    Estimated Outlays.........................     31,928     14,443      7,939      3,475      1,308        594
Proposed Changes:
    Authorization Level.......................          0     34,152          0          0          0          0
    Estimated Outlays.........................          0     17,418      7,513      5,123      2,391        683
Department of Homeland Security:
Spending Under H.R. 1817:
    Estimated Budget Authoritya...............     38,469     34,152          0          0          0          0
    Estimated Outlays.........................     31,928     31,861     15,452      8,598      3,699     1,277
----------------------------------------------------------------------------------------------------------------
aThe estimated 2005 level is the amount of appropriations less offsetting collections for that year for
  operations of DHS.

    Intergovernmental and private-sector impact: H.R. 1817 
contains an intergovernmental mandate as defined in UMRA by 
exempting certain information related to critical 
infrastructure from state and local laws that provide public 
access to information. CBO estimates that the costs, if any to 
state and local governments would be minimal and well below the 
annual threshold established in that act ($62 million in 2005, 
adjusted annually for inflation). H.R. 1817 contains no new 
private-sector mandates as defined in UMRA.
    Section 306 would require the Secretary of the Department 
of Homeland Security to issue regulations for the security of 
maritime cargo moving within the intermodal transportation 
system. Those regulations would relate to the securing, 
recording, and verifying of seals on maritime cargo containers 
in the hauling of cargo from one mode of transportation to 
another. According to DHS, a notice of proposed rulemaking that 
incorporates the recommendations referred to in the bill has 
been drafted and is pending review. Based on information from 
DHS, CBO anticipates that the Secretary will issue those 
regulations. Thus, CBO expects that the provisions this section 
would impose no additional mandates on public or private-sector 
entities. State and local governments would benefit from 
programs to improve interoperable communications and to 
reimburse costs for having law enforcement officers trained to 
enforce immigration laws. Any costs incurred by those 
governments would be incurred voluntarily.
    Previous CBO estimates: On May 6, 2005, CBO transmitted a 
cost estimate for H.R. 1817 as ordered reported by the House 
Committee on Homeland Security on April 27, 2005. On May 13, 
2005, CBO transmitted a cost estimate for H.R. 1817 as ordered 
reported by the House Committee on the Judiciary on May 12, 
2005. The three versions of the bill are similar, and all three 
cost estimates are identical.
    Estimate prepared by: federal costs: Mark Grabowicz; impact 
on state, local, and tribal governments; Melissa Merrell; 
impact on the private sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

    The section-by-section contained in this report reflects 
the amendments that were adopted during the Committee on Energy 
and Commerce markup of H.R. 1817, as reported by the Committee 
on Homeland Security. Due to the time constraints imposed on 
the Committee to report H.R. 1817, the section-by-section 
reflects only the amendments that were adopted during the Full 
Committee markup. The fact that the Committee did not undertake 
amendments on other aspects of H.R. 1817 should not be 
construed as a waiver of the Committee on Energy and Commerce's 
jurisdiction over other provisions of this bill. A complete 
section-by-section to H.R. 1817, as reported by the Committee 
on Homeland Security, can be found in House Report 109-71, Part 
I. The Committee on Energy and Commerce takes no position on 
the contents of the section-by-section of the Committee on 
Homeland Security report on H.R. 1817.

Section 109. Metropolitan Medical Response System

    Section 109 authorizes the Metropolitan Medical Response 
System for fiscal year 2006 at $75 million of the total 
authorized under section 101.

Section 302. Technology development and transfer

    Subsection (c) requires the Department to report to the 
Committees on Homeland Security and Energy and Commerce of the 
House of Representatives and the Committees on Homeland 
Security and Governmental Affairs and Commerce, Science, and 
Transportation of the Senate on its status in implementing the 
functions of the Technology Clearinghouse, as well as the S&T 
Directorate's progress in reviewing unsolicited technology 
proposals.

Section 306. Security of maritime cargo containers

    Section 306(c)(2) and 306(d)(3) requires the Secretary to 
submit reports to the Committees on Homeland Security and 
Energy and Commerce of the House of Representatives and the 
Committees on Homeland Security and Governmental Affairs and 
Commerce, Science, and Transportation of the Senate on the 
implementation of those sections.

Section 312. Assistant Secretary for Cybersecurity

    Section 312(a) establishes the position of Assistant 
Secretary for Cybersecurity that will be appointed by the 
President. Section 312(b) specifies the Assistant Secretary for 
Cybersecurity will have responsibility for the National Cyber 
Security Division and the National Communications System within 
DHS. Additionally, section 312(b) lists the Assistant 
Secretary's responsibilities. These responsibilities are 
certain cybersecurity-related duties currently assigned to the 
Under Secretary for Information Analysis and Infrastructure 
Protection under 6 U.S.C. 201. Specifically, the new Assistant 
Secretary will be responsible for cybersecurity-related duties 
in subsections (2), (3), (5), (6), (15), and (17) of section 
201(d) of the Homeland Security Act of 2002. The legislation 
creates no new cybersecurity-related authority for either the 
Assistant Secretary or the Department.
    Section 312(c) requires the Assistant Secretary for 
Cybersecurity to coordinate all activities under this subtitle 
with other Federal agencies, including the Department of 
Commerce, Department of Energy, Department of Transportation, 
Federal Communications Commission, Federal Trade Commission, 
Nuclear Regulatory Commission, Federal Energy Regulatory 
Commission, National Telecommunications and Information 
Administration, and the Environmental Protection Agency.
    Because these agencies of expertise are developing and 
implementing cybersecurity priorities and measures to protect 
their own infrastructure, as well as creating policies and 
practices for their regulated industries, it is vitally 
important to maintain coordination with these relevant Federal 
agencies.
    An area of importance to the Committee is the creation of 
cybersecurity best practices. The Network Reliability and 
Interoperability Council (NRIC) and the Media Security and 
Reliability Council, two Federal advisory committees overseen 
by the Federal Communications Commission, have undertaken 
initiatives to protect communications infrastructure. The 
Homeland Defense Group was initially chartered by NRIC VI in 
March 2002 to focus on the development of best practices to 
prevent disruptions of public telecommunications services and 
theInternet to effectively restore those services and 
facilities in the event of disruption. This entailed studying and 
developing hundreds of best practices relating to cybersecurity. These 
efforts were continued in the charter for NRIC VII. Those best 
practices were recently reviewed by NRIC to determine if any gaps exist 
between NRIC best practices and existing industry best practices for 
cybersecurity. A final report is due by December 16, 2005. Recently 
Federal Communications Commission officials have been conducting on-
site seminars across the country to help implement NRIC's best 
practices throughout the communications industry. The Assistant 
Secretary for Cybersecurity shall coordinate with NRIC and other 
Federal agencies. As a result of the changes made by the Committee, 
section 315 of the bill, as reported by the Committee on Homeland 
Security, was deleted.

Section 313. Cybersecurity defined

    Section 313 defines for the term ``cybersecurity'' for 
purposes of subtitle B. The term ``cybersecurity'' is defined 
as the protection and restoration of networked electronic 
equipment and facilities, including hardware and software and 
the information contained therein, from intrusion, 
interference, and incapacitation.''

Section 331. Critical infrastructure

    Section 331 requires the Secretary of Homeland Security to 
complete the prioritization of critical infrastructure no later 
than 90 days after enactment according to the following 
criteria: the threat of terrorist attack, based on information 
received by the DHS Office of Information Analysis regarding 
the intentions and capabilities of terrorist groups and other 
potential threats; the likelihood that an attack would cause 
the disruption of such infrastructure; and the likelihood that 
such an attack would result in substantial numbers of human 
deaths and serious bodily injuries, a substantial adverse 
impact on the national economy, or a significant adverse impact 
on the national security.
    Section 331(b) requires the Secretary to coordinate the 
prioritization under this section with other Federal agencies 
of expertise, including the Department of Commerce, Department 
of Energy, Department of Transportation, Federal Communications 
Commission, Federal Trade Commission, Nuclear Regulatory 
Commission, Federal Energy Regulatory Commission, National 
Telecommunications and Information Administration, and the 
Environmental Protection Agency.

Section 332. Security review

    Section 332(a) requires the Secretary of DHS to review 
existing security plans for securing the specific facilities 
included in the prioritized list, to recommend changes to 
existing security plans, and to coordinate and contribute to 
critical infrastructure protective efforts of Federal, State, 
and local agencies and the private sector as set out in 
Homeland Security Presidential Directive 7 (HSPD-7, Dec. 17, 
2003). Recommendations for security plans made under this 
section shall include protective measures to secure such 
infrastructure, and milestones and timeframes for 
implementation. Section 332(c) requires the Secretary to 
coordinate the security review and recommendations under this 
section with other Federal agencies of expertise, including the 
Department of Commerce, Department of Energy, Department of 
Transportation, Federal Communications Commission, Federal 
Trade Commission, Nuclear Regulatory Commission, Federal Energy 
Regulatory Commission, National Telecommunications and 
Information Administration, and the Environmental Protection 
Agency.

Section 333. Implementation report

    Section 333(a) directs the Secretary of Homeland Security 
to report on the implementation of this subtitle to the 
Committees on Homeland Security and Energy and Commerce of the 
House of Representatives and the Committees on Homeland 
Security and Governmental Affairs and Commerce, Science, and 
Transportation of the Senate no later than 15 months after 
enactment of this Act. Following the coordination required by 
section 332(c), section 333(b) requires the Secretary to 
provide an updated report to the Committees on Homeland 
Security and Energy and Commerce of the House of 
Representatives and the Committees on Homeland Security and 
Governmental Affairs and Commerce, Science, and Transportation 
of the Senate not later than one year after the first report.

Section 402. GAO report to Congress

    Section 402(a) requires the Government Accountability 
Office (GAO) to submit a report to Congress on the 
effectiveness of the organizational and management structure of 
DHS in meeting its missions with recommendations to facilitate 
and improve organization and management of the Department. The 
Committee expects to receive a copy of this report.
    Section 402(b) requires the GAO, not later than 6 months 
after the enactment of this act, to submit a report to the 
Committees on Homeland Security and Energy and Commerce of the 
House of Representatives and the Committees on Homeland 
Security and Governmental Affairs and Commerce, Science, and 
Transportation of the Senate on the effectiveness of the 
efforts of the Assistant Secretary for Cybersecurity to fulfill 
the statutory responsibilities of that office.

Section 407. Authority and responsibility of other federal agencies

    Section 407 states that nothing in this Act shall diminish 
or otherwise affect the authority or responsibility under 
statute, regulation, or Executive order of Federal agencies 
other than the DHS. Thus, this Act does nothing to undermine 
the authority of federal agencies of expertise to require that 
industries for which they have responsibility meet existing and 
future prescribed security and safety requirements.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                TITLE I--DEPARTMENT OF HOMELAND SECURITY

Sec. 101. Executive department; mission.
     * * * * * * *
Sec. 104. Authority for disseminating homeland security information.
Sec. 105. Homeland Security Information Requirements Board.

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Directorate for Information Analysis and Infrastructure 
                    Protection; Access to Information

Sec. 201. Directorate for Information Analysis and Infrastructure 
          Protection.
     * * * * * * *
Sec. 203. Alternative analysis of homeland security information.
Sec. 204. 9/11 Memorial Homeland Security Fellows Program.
Sec. 205. Homeland Security Advisory System.
Sec. 206. Full and efficient use of open-source information.
     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

              Subtitle J--Terrorism Preparedness Exercises

Sec. 899a. National terrorism exercise program.

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 102. SECRETARY; FUNCTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Participation in Foreign Collection Requirements and 
Management Processes.--The Secretary shall be a member of any 
Federal Government interagency board, established by Executive 
order or any other binding interagency directive, that is 
responsible for establishing foreign collection information 
requirements and priorities for estimative analysis.
  [(e)] (f) Issuance of Regulations.--The issuance of 
regulations by the Secretary shall be governed by the 
provisions of chapter 5 of title 5, United States Code, except 
as specifically provided in this Act, in laws granting 
regulatory authorities that are transferred by this Act, and in 
laws enacted after the date of enactment of this Act.
  [(f)] (g) Special Assistant to the Secretary.--The Secretary 
shall appoint a Special Assistant to the Secretary who shall be 
responsible for--
          (1) * * *

           *       *       *       *       *       *       *

  [(g)] (h) Standards Policy.--All standards activities of the 
Department shall be conducted in accordance with section 12(d) 
of the National Technology Transfer Advancement Act of 1995 (15 
U.S.C. 272 note) and Office of Management and Budget Circular 
A-119.

           *       *       *       *       *       *       *


SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY INFORMATION.

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

SEC. 105. HOMELAND SECURITY INFORMATION REQUIREMENTS BOARD.

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

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Directorate for Information Analysis and Infrastructure 
                   Protection; Access to Information

SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE 
                    PROTECTION.

  (a) * * *
  (b) Assistant Secretary for Information Analysis; Assistant 
Secretary for Infrastructure Protection.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Assistant secretary for cybersecurity.--There 
        shall be in the Department an Assistant Secretary for 
        Cybersecurity, who shall be appointed by the President.
          [(3)] (4) Responsibilities.--The Assistant Secretary 
        for Information [Analysis and the] Analysis, the 
        Assistant Secretary for Infrastructure [Protection 
        shall] Protection, and the Assistant Secretary for 
        Cybersecurity shall assist the Under Secretary for 
        Information Analysis and Infrastructure Protection in 
        discharging the responsibilities of the Under Secretary 
        under this section.

           *       *       *       *       *       *       *

  (d) Responsibilities of Under Secretary.--Subject to the 
direction and control of the Secretary, the responsibilities of 
the Under Secretary for Information Analysis and Infrastructure 
Protection shall be as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (7) To administer the Homeland Security Advisory 
        System under section 205, including--
                  (A) * * *

           *       *       *       *       *       *       *

          (20) To require, in consultation with the Assistant 
        Secretary for Infrastructure Protection, the creation 
        and routine dissemination of analytic reports and 
        products designed to provide timely and accurate 
        information that has specific relevance to each of the 
        Nation's critical infrastructure sectors (as identified 
        in the national infrastructure protection plan issued 
        under paragraph (5)), to private sector officials in 
        each such sector who are responsible for protecting 
        institutions within that sector from potential acts of 
        terrorism and for mitigating the potential consequences 
        of any such act.
          (21) To ensure sufficient analytic expertise within 
        the Office of Information Analysis to create and 
        disseminate, on an ongoing basis, products based on the 
        analysis of homeland security information, as defined 
        in section 892(f)(1), with specific reference to the 
        threat of terrorism involving the use of nuclear 
        weapons and biological agents to inflict mass 
        casualties or other catastrophic consequences on the 
        population or territory of the United States.
          (22) To ensure that--
                  (A) the Assistant Secretary for Information 
                Analysis receives promptly and without request 
                all information obtained by any component of 
                the Department if that information relates, 
                directly or indirectly, to a threat of 
                terrorism involving the potential use of 
                nuclear weapons;
                  (B) such information is--
                          (i) integrated and analyzed 
                        comprehensively; and
                          (ii) disseminated in a timely manner, 
                        including to appropriately cleared 
                        State, local, tribal, and private 
                        sector officials; and
                  (C) such information is used to determine 
                what requests the Department should submit for 
                collection of additional information relating 
                to that threat.
          (23) To ensure that the Assistant Secretary for 
        Information Analysis--
                  (A) is routinely and without request given 
                prompt access to all terrorism-related 
                information collected by or otherwise in the 
                possession of any component of the Department, 
                including all homeland security information (as 
                that term is defined in section 892(f)(1)); and
                  (B) to the extent technologically feasible 
                has direct access to all databases of any 
                component of the Department that may contain 
                such information.
          (24) To administer the homeland security information 
        network, including--
                  (A) exercising primary responsibility for 
                establishing a secure nationwide real-time 
                homeland security information sharing network 
                for Federal, State, and local government 
                agencies and authorities, tribal officials, the 
                private sector, and other governmental and 
                private entities involved in receiving, 
                analyzing, and distributing information related 
                to threats to homeland security;
                  (B) ensuring that the information sharing 
                systems, developed in connection with the 
                network established under subparagraph (A), are 
                utilized and are compatible with, to the 
                greatest extent practicable, Federal, State, 
                and local government, tribal, and private 
                sector antiterrorism systems and protocols that 
                have been or are being developed; and
                  (C) ensuring, to the greatest extent 
                possible, that the homeland security 
                information network and information systems are 
                integrated and interoperable with existing 
                private sector technologies.
          (25) To ensure that, whenever possible--
                  (A) the Assistant Secretary for Information 
                Analysis produces and disseminates reports and 
                analytic products based on open-source 
                information that do not require a national 
                security classification under applicable law; 
                and
                  (B) such unclassified open-source reports are 
                produced and disseminated contemporaneously 
                with reports or analytic products concerning 
                the same or similar information that the 
                Assistant Secretary for Information Analysis 
                produces and disseminates in a classified 
                format.

           *       *       *       *       *       *       *


SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.

  The Secretary shall establish a process and assign an 
individual or entity the responsibility to ensure that, as 
appropriate, elements of the Department conduct alternative 
analysis (commonly referred to as ``red-team analysis'') of 
homeland security information, as that term is defined in 
section 892(f)(1), that relates to potential acts of terrorism 
involving the use of nuclear weapons or biological agents to 
inflict mass casualties or other catastrophic consequences on 
the population or territory of the United States.

SEC. 204. 9/11 MEMORIAL HOMELAND SECURITY FELLOWS PROGRAM.

  (a) Establishment.--
          (1) In general.--The Secretary shall establish a 
        fellowship program in accordance with this section for 
        the purpose of bringing State, local, tribal, and 
        private sector officials to participate in the work of 
        the Homeland Security Operations Center in order to 
        become familiar with--
                  (A) the mission and capabilities of that 
                Center; and
                  (B) the role, programs, products, and 
                personnel of the Office of Information 
                Analysis, the Office of Infrastructure 
                Protection, and other elements of the 
                Department responsible for the integration, 
                analysis, and dissemination of homeland 
                security information, as defined in section 
                892(f)(1).
          (2) Program name.--The program under this section 
        shall be known as the 9/11 Memorial Homeland Security 
        Fellows Program.
  (b) Eligibility.--In order to be eligible for selection as a 
fellow under the program, an individual must--
          (1) have homeland security-related responsibilities; 
        and
          (2) possess an appropriate national security 
        clearance.
  (c) Limitations.--The Secretary--
          (1) may conduct up to 4 iterations of the program 
        each year, each of which shall be 90 days in duration; 
        and
          (2) shall ensure that the number of fellows selected 
        for each iteration does not impede the activities of 
        the Center.
  (d) Condition.--As a condition of selecting an individual as 
a fellow under the program, the Secretary shall require that 
the individual's employer agree to continue to pay the 
individual's salary and benefits during the period of the 
fellowship.
  (e) Stipend.--During the period of the fellowship of an 
individual under the program, the Secretary shall, subject to 
the availability of appropriations--
          (1) provide to the individual a stipend to cover the 
        individual's reasonable living expenses during the 
        period of the fellowship; and
          (2) reimburse the individual for round-trip, economy 
        fare travel to and from the individual's place of 
        residence twice each month.

SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.

  (a) Requirement.--The Under Secretary for Information 
Analysis and Infrastructure Protection shall implement a 
Homeland Security Advisory System in accordance with this 
section to provide public advisories and alerts regarding 
threats to homeland security, including national, regional, 
local, and economic sector advisories and alerts, as 
appropriate.
  (b) Required Elements.--The Under Secretary, under the 
System--
          (1) shall include, in each advisory and alert 
        regarding a threat, information on appropriate 
        protective measures and countermeasures that may be 
        taken in response to the threat;
          (2) shall, whenever possible, limit the scope of each 
        advisory and alert to a specific region, locality, or 
        economic sector believed to be at risk; and
          (3) shall not, in issuing any advisory or alert, use 
        color designations as the exclusive means of specifying 
        the homeland security threat conditions that are the 
        subject of the advisory or alert.

SEC. 206. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION.

  The Under Secretary shall ensure that, in meeting their 
analytic responsibilities under section 201(d) and in 
formulating requirements for collection of additional 
information, the Assistant Secretary for Information Analysis 
and the Assistant Secretary for Infrastructure Protection make 
full and efficient use of open-source information wherever 
possible.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT INNOVATIVE 
                    SOLUTIONS TO ENHANCE HOMELAND SECURITY.

  (a) * * *
  (b) Elements of Program.--The program described in subsection 
(a) shall include the following components:
          (1) * * *

           *       *       *       *       *       *       *

          (6) The establishment of a homeland security 
        technology transfer program to facilitate the 
        identification, modification, and commercialization of 
        technology and equipment for use by Federal, State, and 
        local governmental agencies, emergency response 
        providers, and the private sector to prevent, prepare 
        for, or respond to acts of terrorism.
  (c) Technology Transfer Program.--In developing the program 
described in subsection (b)(6), the Secretary, acting through 
the Under Secretary for Science and Technology, shall--
          (1) in consultation with the other Under Secretaries 
        of the Department and the Director of the Office for 
        Domestic Preparedness, on an ongoing basis--
                  (A) conduct surveys and reviews of available 
                appropriate technologies that have been, or are 
                in the process of being developed, tested, 
                evaluated, or demonstrated by the Department, 
                other Federal agencies, or the private sector 
                or foreign governments and international 
                organizations and that may be useful in 
                assisting Federal, State, and local 
                governmental agencies, emergency response 
                providers, or the private sector to prevent, 
                prepare for, or respond to acts of terrorism;
                  (B) conduct or support research, development, 
                tests, and evaluations, as appropriate of 
                technologies identified under subparagraph (A), 
                including any necessary modifications to such 
                technologies for antiterrorism use;
                  (C) communicate to Federal, State, and local 
                governmental agencies, emergency response 
                providers, or the private sector the 
                availability of such technologies for 
                antiterrorism use, as well as the technology's 
                specifications, satisfaction of appropriate 
                standards, and the appropriate grants available 
                from the Department to purchase such 
                technologies;
                  (D) coordinate the selection and 
                administration of all technology transfer 
                activities of the Science and Technology 
                Directorate, including projects and grants 
                awarded to the private sector and academia; and
                  (E) identify priorities based on current risk 
                assessments within the Department of Homeland 
                Security for identifying, researching, 
                developing, testing, evaluating, modifying, and 
                fielding existing technologies for 
                antiterrorism purposes;
          (2) in support of the activities described in 
        paragraph (1)--
                  (A) consult with Federal, State, and local 
                emergency response providers;
                  (B) consult with government agencies and 
                nationally recognized standards development 
                organizations as appropriate;
                  (C) enter into agreements and coordinate with 
                other Federal agencies, foreign governments, 
                and national and international organizations as 
                the Secretary determines appropriate, in order 
                to maximize the effectiveness of such 
                technologies or to facilitate commercialization 
                of such technologies; and
                  (D) consult with existing technology transfer 
                programs and Federal and State training centers 
                that research, develop, test, evaluate, and 
                transfer military and other technologies for 
                use by emergency response providers; and
          (3) establish a working group in coordination with 
        the Secretary of Defense to advise and assist the 
        technology clearinghouse in the identification of 
        military technologies that are in the process of being 
        developed, or are developed, by the Department of 
        Defense or the private sector, which may include--
                  (A) representatives from the Department of 
                Defense or retired military officers;
                  (B) nongovernmental organizations or private 
                companies that are engaged in the research, 
                development, testing, or evaluation of related 
                technologies or that have demonstrated prior 
                experience and success in searching for and 
                identifying technologies for Federal agencies;
                  (C) Federal, State, and local emergency 
                response providers; and
                  (D) to the extent the Secretary considers 
                appropriate, other organizations, other 
                interested Federal, State, and local agencies, 
                and other interested persons.
  [(c)] (d) Miscellaneous Provisions.--
          (1) * * *

           *       *       *       *       *       *       *


TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Responsibilities.--The Office for Domestic Preparedness 
shall have the primary responsibility within the executive 
branch of Government for the preparedness of the United States 
for acts of terrorism, including--
          (1) * * *

           *       *       *       *       *       *       *

          (8) those elements of the Office of National 
        Preparedness of the Federal Emergency Management Agency 
        which relate to terrorism, which shall be consolidated 
        within the Department in the Office for Domestic 
        Preparedness established under this section; [and]
          (9) helping to ensure the acquisition of 
        interoperable communication technology by State and 
        local governments and emergency response providers[.]; 
        and
          (10) designing, developing, performing, and 
        evaluating exercises at the national, State, 
        territorial, regional, local, and tribal levels of 
        government that incorporate government officials, 
        emergency response providers, public safety agencies, 
        the private sector, international governments and 
        organizations, and other appropriate entities to test 
        the Nation's capability to prevent, prepare for, 
        respond to, and recover from threatened or actual acts 
        of terrorism.

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


              Subtitle J--Terrorism Preparedness Exercises

SEC. 899A. NATIONAL TERRORISM EXERCISE PROGRAM.

  (a) In General.--The Secretary, through the Office for 
Domestic Preparedness, shall establish a National Terrorism 
Exercise Program for the purpose of testing and evaluating the 
Nation's capabilities to prevent, prepare for, respond to, and 
recover from threatened or actual acts of terrorism that--
          (1) enhances coordination for terrorism preparedness 
        between all levels of government, emergency response 
        providers, international governments and organizations, 
        and the private sector;
          (2) is--
                  (A) multidisciplinary in nature, including, 
                as appropriate, information analysis and 
                cybersecurity components;
                  (B) as realistic as practicable and based on 
                current risk assessments, including credible 
                threats, vulnerabilities, and consequences;
                  (C) carried out with the minimum degree of 
                notice to involved parties regarding the timing 
                and details of such exercises, consistent with 
                safety considerations;
                  (D) evaluated against performance measures 
                and followed by corrective action to solve 
                identified deficiencies; and
                  (E) assessed to learn best practices, which 
                shall be shared with appropriate Federal, 
                State, territorial, regional, local, and tribal 
                personnel, authorities, and training 
                institutions for emergency response providers; 
                and
          (3) assists State, territorial, local, and tribal 
        governments with the design, implementation, and 
        evaluation of exercises that--
                  (A) conform to the requirements of paragraph 
                (2); and
                  (B) are consistent with any applicable State 
                homeland security strategy or plan.
  (b) National Level Exercises.--The Secretary, through the 
National Terrorism Exercise Program, shall perform on a 
periodic basis national terrorism preparedness exercises for 
the purposes of--
          (1) involving top officials from Federal, State, 
        territorial, local, tribal, and international 
        governments, as the Secretary considers appropriate;
          (2) testing and evaluating the Nation's capability to 
        detect, disrupt, and prevent threatened or actual 
        catastrophic acts of terrorism, especially those 
        involving weapons of mass destruction; and
          (3) testing and evaluating the Nation's readiness to 
        respond to and recover from catastrophic acts of 
        terrorism, especially those involving weapons of mass 
        destruction.
  (c) Consultation With First Responders.--In implementing the 
responsibilities described in subsections (a) and (b), the 
Secretary shall consult with a geographic (including urban and 
rural) and substantive cross section of governmental and 
nongovernmental first responder disciplines, including as 
appropriate--
          (1) Federal, State, and local first responder 
        training institutions;
          (2) representatives of emergency response providers; 
        and
          (3) State and local officials with an expertise in 
        terrorism preparedness.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART I--MISCELLANEOUS

           *       *       *       *       *       *       *


              CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY

Sec.
9701.  Establishment of human resources management system.
9702.  Recruitment bonuses.
9703.  Reemployed annuitants.
9704.  Regulations.

           *       *       *       *       *       *       *


Sec. 9702. Recruitment bonuses

  (a) In General.--Notwithstanding any provision of chapter 57, 
the Secretary of Homeland Security, acting through the Under 
Secretary for Information Analysis and Infrastructure 
Protection, may pay a bonus to an individual in order to 
recruit such individual for a position that is primarily 
responsible for discharging the analytic responsibilities 
specified in section 201(d) of the Homeland Security Act of 
2002 (6 U.S.C. 121(d)) and that--
          (1) is within the Directorate for Information 
        Analysis and Infrastructure Protection; and
          (2) would be difficult to fill in the absence of such 
        a bonus.
In determining which individuals are to receive bonuses under 
this section, appropriate consideration shall be given to the 
Directorate's critical need for linguists.
  (b) Bonus Amount, Form, Etc.--
          (1) In general.--The amount of a bonus under this 
        section shall be determined under regulations of the 
        Secretary of Homeland Security, but may not exceed 50 
        percent of the annual rate of basic pay of the position 
        involved.
          (2) Form of payment.--A bonus under this section 
        shall be paid in the form of a lump-sum payment and 
        shall not be considered to be part of basic pay.
          (3) Computation rule.--For purposes of paragraph (1), 
        the annual rate of basic pay of a position does not 
        include any comparability payment under section 5304 or 
        any similar authority.
  (c) Service Agreements.--Payment of a bonus under this 
section shall be contingent upon the employee entering into a 
written service agreement with the Department of Homeland 
Security. The agreement shall include--
          (1) the period of service the individual shall be 
        required to complete in return for the bonus; and
          (2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has 
        been completed, and the effect of any such termination.
  (d) Eligibility.--A bonus under this section may not be paid 
to recruit an individual for--
          (1) a position to which an individual is appointed by 
        the President, by and with the advice and consent of 
        the Senate;
          (2) a position in the Senior Executive Service as a 
        noncareer appointee (as defined under section 3132(a)); 
        or
          (3) a position which has been excepted from the 
        competitive service by reason of its confidential, 
        policy-determining, policy-making, or policy-advocating 
        character.
  (e) Termination.--The authority to pay bonuses under this 
section shall terminate on September 30, 2008.

Sec. 9703. Reemployed annuitants

  (a) In General.--If an annuitant receiving an annuity from 
the Civil Service Retirement and Disability Fund becomes 
employed in a position within the Directorate for Information 
Analysis and Infrastructure Protection of the Department of 
Homeland Security, the annuitant's annuity shall continue. An 
annuitant so reemployed shall not be considered an employee for 
the purposes of chapter 83 or 84.
  (b) Termination.--The exclusion pursuant to this section of 
the Directorate for Information Analysis and Infrastructure 
Protection from the reemployed annuitant provisions of chapters 
83 and 84 shall terminate 3 years after the date of the 
enactment of this section, unless extended by the Secretary of 
Homeland Security. Any such extension shall be for a period of 
1 year and shall be renewable.
  (c) Annuitant Defined.--For purposes of this section, the 
term ``annuitant'' has the meaning given such term under 
section 8331 or 8401, whichever is appropriate.

Sec. 9704. Regulations

  The Secretary of Homeland Security, in consultation with the 
Director of the Office of Personnel Management, may prescribe 
any regulations necessary to carry out section 9702 or 9703.

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 70105 OF TITLE 46, UNITED STATES CODE

Sec. 70105. Transportation security cards

  (a) * * *

           *       *       *       *       *       *       *

  (c) Determination of Terrorism Security Risk.--(1) * * *

           *       *       *       *       *       *       *

  (3) The Secretary shall establish an appeals process under 
this section for individuals found to be ineligible for a 
transportation security card that includes notice and an 
opportunity for a hearing before an administrative law judge.

           *       *       *       *       *       *       *

  (5) In making a determination under paragraph (1)(D), the 
Secretary shall not consider a felony conviction if--
          (A) that felony occurred more than 7 years prior to 
        the date of the Secretary's determination; and
          (B) the felony was not related to terrorism (as that 
        term is defined in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101)).

           *       *       *       *       *       *       *


                                  
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