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



109th Congress                                             Rept. 109-71
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 3

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

 
 DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2006

                                _______
                                

                  May 13, 2005.--Ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, 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 the Judiciary, 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.
  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.
Sec. 3. Definitions.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.
Sec. 102. Immigration resources.
Sec. 103. Departmental management and operations.
Sec. 104. Critical infrastructure grants.
Sec. 105. Research and development.
Sec. 106. Border and transportation security.
Sec. 107. State and local terrorism preparedness.

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

                    Subtitle A--Terrorism Prevention

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

    Subtitle B--Homeland Security Information Sharing and Analysis 
                              Enhancement

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

            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

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

 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

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

         Subtitle C--Security of public transportation systems

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

           Subtitle D--Critical infrastructure prioritization

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

                        TITLE IV--MISCELLANEOUS

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

SEC. 3. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. DEPARTMENT OF HOMELAND SECURITY.

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

SEC. 102. IMMIGRATION RESOURCES.

  (a) Of the amount authorized under section 101, there is authorized 
to be appropriated for fiscal year 2006 for border security and control 
between ports of entry, including for the hiring of 2,000 border patrol 
agents in addition to the number employed on the date of enactment of 
this Act, and related training and support costs, $1,916,427,000.
  (b) Of the amount authorized under section 101, there is authorized 
to be appropriated for fiscal year 2006 for the U.S. Immigration and 
Customs Enforcement Legal Program sufficient sums for the hiring of an 
additional 300 attorneys in addition to the number employed on the date 
of this Act, and related training and support costs.
  (c) Of the amount authorized under section 101, there is authorized 
to be appropriated for fiscal year 2006 for U.S. Citizenship and 
Immigration Services sufficient sums for the hiring of an additional 
300 adjudicators to carry out the functions stated in section 451(b) of 
the Homeland Security Act of 2002 in addition to the number employed on 
the date of this Act, and related training and support costs.

SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS.

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

SEC. 104. CRITICAL INFRASTRUCTURE GRANTS.

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

SEC. 105. RESEARCH AND DEVELOPMENT.

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

SEC. 106. BORDER AND TRANSPORTATION SECURITY.

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

SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS.

  (a) Fiscal Year 2006.--Of the amount authorized under section 101, 
there is authorized to be appropriated for fiscal year 2006--
          (1) $40,500,000 for the activities of the Office for 
        Interoperability and Compatibility within the Directorate of 
        Science and Technology pursuant to section 7303 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C 194);
          (2) $1,000,000,000 for discretionary grants for high-threat, 
        high-density urban areas awarded by the Office of State and 
        Local Government Coordination and Preparedness; and
          (3) subsequent to the completion of a feasibility study by 
        the Federal Government finding conclusively the need for a 
        regional homeland security center which enhances coordination 
        for terrorism preparedness between all levels of government, 
        sufficient sums as may be necessary for the development of a 
        center for training for Federal, State, and local law 
        enforcement officials with an expertise in terrorism 
        preparedness.
  (b) Use of Grants for ``Terrorism Cops''.--
          (1) In general.--Notwithstanding any other provision of law, 
        a covered grant may be used to pay the salaries of law 
        enforcement officers hired exclusively for terrorism and 
        homeland security matters.
          (2) Covered grant.--In this subsection, the term ``covered 
        grant'' applies to--
                  (A) the State Homeland Security Grant Program of the 
                Department, or any successor to such grant program;
                  (B) the Urban Area Security Initiative of the 
                Department, or any successor to such grant program; and
                  (C) the Law Enforcement Terrorism Prevention Program 
                of the Department, or any successor to such grant 
                program.

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

                    Subtitle A--Terrorism Prevention

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

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

SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS.

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

    Subtitle B--Homeland Security Information Sharing and Analysis 
                              Enhancement

SEC. 211. SHORT TITLE.

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

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

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

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

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

SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.

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

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

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

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

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

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

SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY INFORMATION.

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

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

  ``The Secretary shall be the principal executive branch official 
responsible for disseminating homeland security information to State 
and local government and tribal officials and the private sector. ''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 103 
the following:

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 221. IAIP PERSONNEL RECRUITMENT.

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

``Sec. 9702. Recruitment bonuses

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

``Sec. 9703. Reemployed annuitants

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

``Sec. 9704. Regulations

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

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

SEC. 222. HOMELAND SECURITY ADVISORY SYSTEM.

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

``SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.

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

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

SEC. 223. USE OF OPEN-SOURCE INFORMATION.

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

SEC. 224. FULL AND EFFICIENT USE OF OPEN-SOURCE INFORMATION.

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

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

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

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

            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.

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

             ``Subtitle J--Terrorism Preparedness Exercises

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

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

             ``Subtitle J--Terrorism Preparedness Exercises

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

SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER.

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

SEC. 303. REVIEW OF ANTITERRORISM ACQUISITIONS.

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

SEC. 304. CENTER OF EXCELLENCE FOR BORDER SECURITY.

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

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

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

SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.

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

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

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

SEC. 308. INTEROPERABLE COMMUNICATIONS ASSISTANCE.

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

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

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

 Subtitle B--Department of Homeland Security Cybersecurity Enhancement

SEC. 311. SHORT TITLE.

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

SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY.

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

``SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY.

  ``(a) In General.--There shall be in the Directorate for Information 
Analysis and Infrastructure Protection a National Cybersecurity Office 
headed by an Assistant Secretary for Cybersecurity (in this section 
referred to as the `Assistant Secretary'), who shall assist the 
Secretary in promoting cybersecurity for the Nation.
  ``(b) General Authority.--The Assistant Secretary, subject to the 
direction and control of the Secretary, shall have primary authority 
within the Department for all cybersecurity-related critical 
infrastructure protection programs of the Department, including with 
respect to policy formulation and program management.
  ``(c) Responsibilities.--The responsibilities of the Assistant 
Secretary shall include the following:
          ``(1) To establish and manage--
                  ``(A) a national cybersecurity response system that 
                includes the ability to--
                          ``(i) analyze the effect of cybersecurity 
                        threat information on national critical 
                        infrastructure; and
                          ``(ii) aid in the detection and warning of 
                        attacks on, and in the restoration of, 
                        cybersecurity infrastructure in the aftermath 
                        of such attacks;
                  ``(B) a national cybersecurity threat and 
                vulnerability reduction program that identifies 
                cybersecurity vulnerabilities that would have a 
                national effect on critical infrastructure, performs 
                vulnerability assessments on information technologies, 
                and coordinates the mitigation of such vulnerabilities;
                  ``(C) a national cybersecurity awareness and training 
                program that promotes cybersecurity awareness among the 
                public and the private sectors and promotes 
                cybersecurity training and education programs;
                  ``(D) a government cybersecurity program to 
                coordinate and consult with Federal, State, and local 
                governments to enhance their cybersecurity programs; 
                and
                  ``(E) a national security and international 
                cybersecurity cooperation program to help foster 
                Federal efforts to enhance international cybersecurity 
                awareness and cooperation.
          ``(2) To coordinate with the private sector on the program 
        under paragraph (1) as appropriate, and to promote 
        cybersecurity information sharing, vulnerability assessment, 
        and threat warning regarding critical infrastructure.
          ``(3) To coordinate with other directorates and offices 
        within the Department on the cybersecurity aspects of their 
        missions.
          ``(4) To coordinate with the Under Secretary for Emergency 
        Preparedness and Response to ensure that the National Response 
        Plan developed pursuant to section 502(6) of the Homeland 
        Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate 
        measures for the recovery of the cybersecurity elements of 
        critical infrastructure.
          ``(5) To develop processes for information sharing with the 
        private sector, consistent with section 214, that--
                  ``(A) promote voluntary cybersecurity best practices, 
                standards, and benchmarks that are responsive to rapid 
                technology changes and to the security needs of 
                critical infrastructure; and
                  ``(B) consider roles of Federal, State, local, and 
                foreign governments and the private sector, including 
                the insurance industry and auditors.
          ``(6) To coordinate with the Chief Information Officer of the 
        Department in establishing a secure information sharing 
        architecture and information sharing processes, including with 
        respect to the Department's operation centers.
          ``(7) To consult with the Electronic Crimes Task Force of the 
        United States Secret Service on private sector outreach and 
        information activities.
          ``(8) To consult with the Office for Domestic Preparedness to 
        ensure that realistic cybersecurity scenarios are incorporated 
        into tabletop and recovery exercises.
          ``(9) To consult and coordinate, as appropriate, with other 
        Federal agencies on cybersecurity-related programs, policies, 
        and operations.
          ``(10) To consult and coordinate within the Department and, 
        where appropriate, with other relevant Federal agencies, on 
        security of digital control systems, such as Supervisory 
        Control and Data Acquisition (SCADA) systems.
  ``(d) Authority Over the National Communications System.--The 
Assistant Secretary shall have primary authority within the Department 
over the National Communications System.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to 
subtitle A of title II the following:

``Sec. 207. Assistant Secretary for Cybersecurity.''.

SEC. 313. CYBERSECURITY DEFINED.

  Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by adding at the end the following:
          ``(17)(A) The term `cybersecurity' means the prevention of 
        damage to, the protection of, and the restoration of computers, 
        electronic communications systems, electronic communication 
        services, wire communication, and electronic communication, 
        including information contained therein, to ensure its 
        availability, integrity, authentication, confidentiality, and 
        nonrepudiation.
          ``(B) In this paragraph--
                  ``(i) each of the terms `damage' and `computer' has 
                the meaning that term has in section 1030 of title 18, 
                United States Code; and
                  ``(ii) each of the terms `electronic communications 
                system', `electronic communication service', `wire 
                communication', and `electronic communication' has the 
                meaning that term has in section 2510 of title 18, 
                United States Code.''.

SEC. 314. CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT.

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

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

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

         Subtitle C--Security of Public Transportation Systems

SEC. 321. SECURITY BEST PRACTICES.

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

SEC. 322. PUBLIC AWARENESS.

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

           Subtitle D--Critical Infrastructure Prioritization

SEC. 331. CRITICAL INFRASTRUCTURE.

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

SEC. 332. SECURITY REVIEW.

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

SEC. 333. IMPLEMENTATION REPORT.

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

SEC. 334. PROTECTION OF INFORMATION.

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

                        TITLE IV--MISCELLANEOUS

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

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

SEC. 402. GAO REPORT TO CONGRESS.

   Not later than 6 months after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Congress a report that sets forth--
          (1) an assessment of the effectiveness of the organizational 
        and management structure of the Department of Homeland Security 
        in meeting the Department's missions; and
          (2) recommendations to facilitate and improve the 
        organization and management of the Department to best meet 
        those missions.

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

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

SEC. 404. PLAN TO REDUCE WAIT TIMES.

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

SEC. 405. DENIAL OF TRANSPORTATION SECURITY CARD.

  Section 70105(c) of title 46, United States Code, is amended--
          (1) in paragraph (3) by inserting before the period ``before 
        an administrative law judge''; and
          (2) by adding at the end the following:
  ``(5) In making a determination under paragraph (1)(D) that an 
individual poses a terrorism security risk, the Secretary shall not 
consider, as the sole reason, a felony conviction if--
          ``(A) that felony occurred more than 7 years prior to the 
        date of the Secretary's determination; and
          ``(B) the felony was not an offense that is a violation of a 
        provision specified in subparagraph (B) of section 2332b(g)(5) 
        of title 18.''.

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

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

SEC. 407. DATA COLLECTION ON USE OF IMMIGRATION CONSULTANTS.

  The Secretary of Homeland Security shall establish procedures to 
record information on applications for an immigration benefit submitted 
by an alien with respect to which--
          (1) the alien states that the alien used the services of an 
        immigration consultant; or
          (2) a Department employee or official investigating facts 
        alleged in the application, or adjudicating the application, 
        suspects that the alien used the services of an immigration 
        consultant.

                          Purpose and Summary

    H.R. 1817, the ``Homeland Security Department Authorization 
Act for Fiscal Year 2006,'' represents the first legislative 
authorization of the Department of Homeland Security since it 
was established after enactment of the Homeland Security Act 
(Pub. L. No. 107-296).

                Background and Need for the Legislation

    The House Committee on the Judiciary played an integral 
role in creating the Department of Homeland Security (``DHS'' 
or ``Department'') and retains legislative and oversight 
jurisdiction over several components within it. In addition, 
the Committee on the Judiciary has conducted rigorous oversight 
of the operation of the DHS since its establishment. H.R. 1817 
was introduced by Rep. Christopher Cox on April 26, 2005, and 
reported by the Committee on Homeland Security by voice vote on 
April 27, 2005. The Judiciary Committee received a sequential 
referral on the legislation until May 13, 2005. H.R. 1817 makes 
a number of modifications to the operation of DHS in order to 
streamline its management and organization.
    House Rule X provides the Committee on the Judiciary with 
jurisdiction over ``criminal law enforcement''\1\ and 
``subversive activities affecting the internal security of the 
United States.''\2\ As a result, the Committee has jurisdiction 
over criminal law enforcement activities undertaken by a number 
of Federal agencies, including law enforcement activities 
undertaken by DHS. The Committee also has exclusive 
jurisdiction over the nation's immigration and naturalization 
laws.\3\ As a result, non-border security-related 
responsibilities of DHS are within the sole jurisdiction of the 
Committee on the Judiciary.
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    \1\House Rule X(1)(1)(7).
    \2\House Rule X(1)(1)(19).
    \3\House Rule X(1)(1)(9).
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            TERRORISM PREVENTION: DEFINITION AND BACKGROUND

    When establishing the Department of Homeland Security, 
Congress intended to streamline homeland security functions of 
the Federal government to eliminate mission redundancy and to 
improve coordination to respond to terrorist attacks. The 
Homeland Security Act of 2002 indicated that one of the 
missions of the Department is to ``prevent terrorist attacks 
within the United States.'' While the same term is used to 
describe the mission of the Department of Justice, the 
legislative history surrounding passage of the Homeland 
Security Act, and subsequent Homeland Security Presidential 
Directives, demonstrate that there are crucial differences 
between these missions.
    During consideration of the Homeland Security Act, the 
Committee on the Judiciary expressed concern that this phrase 
would confuse the Department of Homeland Security's mission 
with that of the Department of Justice, creating more 
duplication and uncertainty rather than streamlining the 
homeland security functions of the Federal Government. As is 
made clear in H.R. Rep. No. 107-609, which was prepared by the 
House Select Committee on Homeland Security and accompanied the 
Homeland Security Act, the prevention of terrorism has a 
specific definition when used to describe the mission of the 
Department of Homeland Security. Specifically, the report 
states: ``The Department [of Homeland Security's]s primary 
responsibilities will include: analyzing information and 
protecting infrastructure; developing countermeasures against 
chemical, biological, radiological, and nuclear attacks; 
securing U.S. borders and transportation systems; organizing 
emergency preparedness and response efforts; conducting 
homeland security related research, development, technology, 
and acquisition programs; coordinating counter-terrorism 
activities with other Federal agencies, State and local 
governments, and the private sector.''
    Homeland Security Presidential Directives (HSPD) issued 
after the establishment of the Department of Homeland Security 
further clarify this distinction. Issued in February of 2003, 
Paragraph (4) of HSPD-5\4\ defines the Secretary of Homeland 
Security as the principal Federal official for domestic 
incident management. HSPD-5 explains that pursuant to the 
Homeland Security Act of 2002, the Secretary is responsible for 
coordinating Federal operations within the United States to 
prepare for, respond to, and recover from terrorist attacks, 
major disasters, and other emergencies. HSPD-5 distinguishes 
this role from the investigative authority to prevent 
terrorism.
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    Paragraph (8) of HSPD-5, clearly dictates that it is the 
Attorney General who ``has lead responsibility for criminal 
investigations of terrorist acts or terrorist threats by 
individuals or groups inside the United States, or directed at 
United States citizens or institutions abroad, where such acts 
are within the Federal criminal jurisdiction of the United 
States, as well as for related intelligence collection 
activities within the United States, subject to the National 
Security Act of 1947 and other applicable law, Executive Order 
12333, and Attorney General-approved procedures pursuant to 
that Executive Order. Generally acting through the Federal 
Bureau of Investigation, the Attorney General, in cooperation 
with other Federal departments and agencies engaged in 
activities to protect our national security, shall also 
coordinate the activities of the other members of the law 
enforcement community to detect, prevent, preempt, and disrupt 
terrorist attacks against the United States. Following a 
terrorist threat or an actual incident that falls within the 
criminal jurisdiction of the United States, the full 
capabilities of the United States shall be dedicated, 
consistent with United States law and with activities of other 
Federal departments and agencies to protect our national 
security, to assisting the Attorney General to identify the 
perpetrators and bring them to justice.''
    HSPD-8\5\ is a companion to HSPD-5, and further clarifies 
this critical distinction. Issued in December of 2003, HSPD-8 
describes the way Federal departments and agencies will prepare 
for an attack including prevention activities during the early 
stages of a terrorism incident. Under HSPD-8, the term 
``prevention'' has a narrower meaning than in HSPD-5. HSPD-8 
states that the term ``prevention'' refers to activities 
undertaken by the first responder community during the early 
stages of an incident to reduce the likelihood or consequences 
of threatened or actual terrorist attacks. More general and 
broader efforts to deter, disrupt, or thwart terrorism are not 
addressed in this directive [HSPD-8].''
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    Both types of terrorism prevention require the involvement 
of law enforcement, and both are vital to the security of our 
Nation. However, continuing confusion about the distinction 
between these two prevention missions perpetuates the overlap, 
duplication, turf battles, and information hoarding that the 
Homeland Security Act sought to eliminate. Similarly, the 
Department of Justice should continue to carry out its mission 
as the primary Federal agency for investigating and prosecuting 
terrorism. Finally, it is the Committee on the Judiciary's 
understanding that H.R. 1817 will not alter or diminish the 
existing authority of Federal agencies (as defined in statute, 
regulation, or presidential directive, finding or Executive 
Order) other than the Department of Homeland Security.

IMMIGRATION ENFORCEMENT AT DHS--BACKGROUND, HISTORY, AND PRESENT ISSUES

    The transfer of immigration enforcement and services 
functions from the Immigration & Naturalization Service (INS) 
to the Department of Homeland Security (DHS), while eliminating 
a problematic dual mission between immigration service and 
enforcement, has instead created a similarly conflicting 
mission between customs and immigration enforcement. 
Unfortunately, the Department of Homeland Security, Immigration 
& Customs Enforcement (ICE) and Customs and Border Protection 
(CBP) both suffer from dual competing missions. Even more 
problematic, however, are indications that ICE, and to a lesser 
extent CBP, have been prioritizing customs enforcement over 
immigration enforcement (the ``customization of'' ICE and CBP). 
Furthermore, the leadership of both organizations has been 
dominated by former U.S. Customs officials.
    The Homeland Security Act of 2002 did not establish the 
present organization of CBP and ICE (to include customs and 
other enforcement responsibilities). In fact, at no time during 
reorganization planning was it anticipated by the Committee on 
the Judiciary or other committees in Congress that an 
immigration enforcement agency would share its role with other 
enforcement agencies or that interior immigration enforcement 
would be separated from border protection. Such dual or even 
multiple mission agencies were never discussed in any official 
proceedings in Congress, and, in fact, as noted below, the 
congressional record indicates the reorganization of INS was 
intended in large part to avoid the problems inherent in dual 
missions.

Formation and present organization of CBP and ICE

    The Homeland Security Act of 2002 transferred INS' 
immigration service function to U.S. Citizenship & Immigration 
Services (USCIS), and enforcement functions to ICE and CBP. To 
a great extent, ICE and CBP are led by former customs officials 
and geared towards customs enforcement.
    An examination of CBP leadership reveals an emphasis on 
customs over immigration. Mr. Robert Bonner was head of the 
Drug Enforcement Agency (DEA), an organization that like the 
former Bureau of Customs is devoted to anti-drug enforcement 
(as GAO report GAO-05-81 states, ``Customs investigators who 
specialized in customs enforcement (e.g., drug smuggling)''). 
The online biography of the Deputy Commissioner of CBP also 
reveals a heavy customs enforcement background. Presently, all 
other top leadership positions at CBP have been assigned to 
persons with customs, rather than immigration enforcement 
backgrounds. At ICE, a similar phenomenon has occurred except 
for Assistant Secretary for ICE, Michael Garcia, who was 
formerly an Assistant U.S. Attorney and briefly the former 
Commissioner at INS. At the ``street level,'' virtually all of 
the Special Agents in Charge (SACs) at ICE were assigned from 
the former Bureau of Customs. This scarcity of individuals with 
immigration-related backgrounds has undermined the quality of 
immigration enforcement at both CPB and * * *.
            Government Accountability Office report
    The Government Accountability Office (GAO) studied the 
transition of INS into the Department of Homeland Security 
(DHS) late last year. The creation of USCIS has been relatively 
smooth (despite the enormous continued presence of an 
immigration petition backlog and the loss of a credible anti-
fraud program). USCIS remains an entity that focuses solely on 
immigration service. However, GAO concluded that CBP and 
especially ICE, remain in transition mode:

          CBP brought together INS and Customs inspections 
        programs that, prior to the transition, largely worked 
        side by side in many land ports of entry around the 
        country and that shared similar missions. CIS was a 
        direct transfer of the Immigration Services Division 
        within INS and the program remained largely intact. In 
        contrast ICE is a patchwork of agencies and programs 
        that includes INS's investigations and intelligence 
        programs, Customs' air and marine interdiction 
        division, the Federal Protective Service, and the 
        Federal Air Marshals. * * * The integration of INS and 
        Customs investigators into a single investigative 
        program has involved blending of two vastly different 
        workforces * * * [b]oth programs were in agencies that 
        prior to the merger had differences investigative 
        priorities. Both programs were in agencies with dual 
        missions that prior to the merger differences in 
        investigative priorities.

    GAO also identified immigration application fraud as an 
area of disagreement between USCIS and ICE Field Offices. 
Apparently, USCIS continues to forward cases to ICE that USCIS 
believes should be investigated, but ICE declines to 
investigate a vast majority of those cases, citing limited 
resources:

          Prior to the transition, INS had begun to place a 
        priority on investigating benefit fraud perpetrated by 
        large scale organizations * * * this has continued 
        under ICE. As a result, some CIS field offices told us 
        that ICE would not pursue single cases of benefit 
        fraud. ICE field officials who spoke on this issue 
        cited a lack of investigative resources.
            History of restructuring legislation
    Approved by the House by a vote margin of 405-9, the 
``Barbara Jordan Immigration Reform and Accountability Act of 
2002'' (H.R. 3231) would have abolished INS and created an 
Office of Associate Attorney General for Immigrant Affairs 
within the Department of Justice. Under the newly created 
Office, two new bureaus would have been established, the Bureau 
of Citizenship and Immigration Services and the Bureau of 
Immigration Enforcement. Each Bureau would have been headed by 
a director who would have reported to the Associate Attorney 
General for Immigration Affairs. Within each Bureau would have 
been the following newly created offices and positions: (1) 
Office of Policy and Strategy; (2) Legal Advisor; (3) Chief 
Budget Officer; and (4) Office of Congressional 
Intergovernmental and Public Affairs.
    Importantly, the U.S. Commission on Immigration Reform, the 
commission headed by Barbara Jordan that first proposed 
breaking up INS, found that:

          the INS does not receive the attention it deserves, 
        given the importance of immigration policy to our 
        national well-being and security. Creating the new 
        Associate Attorney General elevates immigration issues 
        within the Justice Department and ensures that 
        immigration will consistently receive the attention, 
        management, and oversight that it needs. (Emphasis 
        added). The Commission also:
          recommend[ed] fundamental restructuring of 
        responsibilities within the federal government to 
        support more effective management of the core functions 
        of the immigration system * * * the immigration system 
        is one of the most complicated in the federal 
        government bureaucracy * * * one agency has multiple, 
        and sometimes conflicting, operational responsibilities 
        * * * further recommends that the newly configured 
        agency have the prominence and visibility that the 
        Federal Bureau of Investigation [FBI] currently enjoys 
        * * * (Emphasis added).

    The Bureau of Immigration Enforcement was to be headed by a 
director who would have a minimum of ten years of law 
enforcement professional experience, at least five of which 
must have been in a managerial capacity (it was always 
anticipated that the agency would only have an immigration 
enforcement mission, however).
    Under the proposed legislation, the newly created 
Immigration Enforcement Bureau would have been responsible for 
all border patrol, inspections, detention, removal, 
investigation, and intelligence functions. The act would have 
also transferred the enforcement functions of the Office of 
Special Investigations from DOJ's Criminal Division and the 
enforcement functions of the Office of Immigration Litigation 
from DOJ's Civil Division to the newly created bureau.
            Homeland Security Act of 2002
    Section 441 of the Act transferred all immigration 
enforcement functions to a newly established ``Bureau of Border 
Security.'' The legislation specifically only mentions the 
transfer from INS of ``the Border Patrol program, the detention 
and removal program, the intelligence program, the 
investigations program, the inspections program,'' and does not 
mention agriculture of customs enforcement, Federal Air 
Marshals or Federal Protective Service. (INS' immigration 
service was ultimately transferred to U.S. Citizenship & 
Immigration Services (USCIS), and enforcement functions to ICE 
and CBP. In so doing, former INS Border Patrol was combined 
with U.S. Customs inspectors from the Department of Treasury, 
and agricultural inspectors from the Department of Agriculture, 
to create CBP. ICE was formed from former INS internal 
enforcement, Treasury anti-money laundering and customs 
enforcement from the Department of the Treasury, Federal 
Protective Service, and the Federal Air Marshals.)
    The President had the authority pursuant to section 1502(c) 
of the Act to modify the provisions relating to INS functions 
in his November 25, 2002, DHS Reorganization plan. The 
modification only made changes within the Border and 
Transportation Security Directorate. Under the modified 
reorganization plan, DHS would bring together the various 
border agencies into the Bureau of Customs and Border 
Protection. Specifically, CBP is comprised of the resources and 
missions relating to borders and ports of entry of the Customs 
Service, INS's Border Patrol and inspections program, and the 
U.S. Department of Agriculture's Agricultural Quarantine 
Inspection program.
    ICE was to bring together the interior enforcement and 
investigation arms of the Customs Service, with INS's detention 
and removal, intelligence, and investigation programs. The new 
Bureau of Immigration and Customs (later renamed ICE) would 
also contain the Federal Protective Service. It was anticipated 
that ICE would enhance ``interior'' security while promoting 
information sharing with the FBI and developing stronger 
relationships with the U.S. Attorneys' Office.
    An immigration enforcement agency with any role other than 
immigration enforcement was never formally considered by the 
Committee on the Judiciary or any other committee in Congress. 
As the legislative history surrounding passage of the Homeland 
Security Act underlines, and as the overwhelming passage of the 
Barbara Jordan Immigration Reform and Accountability Act 
further demonstrates, such dual or even multiple missions were 
expressly rejected by Congress.

Provisions of H.R. 1817 Within the Jurisdiction of the Committee on the 
                               Judiciary

    There are several provisions contained in H.R. 1817 (as 
reported by the Committee on Homeland Security) that directly 
implicate the jurisdiction of the Committee. A summary of 
principal provisions follows.

Sec. 102. Border patrol agents

    This section authorizes appropriations to hire an 
additional 2,000 border patrol agents. These funds will permit 
the Secretary of Homeland Security, in Fiscal Year 2006, to 
fully hire, train, and equip the 2,000 additional Border Patrol 
agents originally authorized under the Intelligence Reform and 
Terrorism Prevention Act of 2004 (P.L. No. 108-458).

Sec. 107. State and local terrorism preparedness

    This section authorizes appropriations for Fiscal Year 2006 
for certain State and Local Terrorism Preparedness programs.

Sec. 108. Authorization of appropriations for training of State and 
        local personnel in border States performing immigration 
        functions

    As reported from the Homeland Security Committee, this 
section authorizes $40 million (from the management and 
administration budget of the Bureau of Immigration and Customs 
Enforcement) to reimburse States along U.S. borders (30 miles 
or less from a border or coastline) for costs associated with 
having State and local law enforcement personnel trained and 
certified by the Immigration and Customs Enforcement (ICE) to 
enforce Federal immigration laws. The amendment strikes this 
section. The Homeland Security Committee lacks jurisdiction 
over this provision. In addition, if funding is authorized, all 
States (rather than those with borders or coastlines) should be 
reimbursed for costs associated with State and local law 
enforcement personnel training and certification by Federal 
immigration authorities.

Sec. 201. Terrorism Prevention Plan and related budget submission

    This section authorizes the establishment of a Terrorist 
Prevention Plan (TPP) at DHS that encompasses: the 
identification and prioritization of the most significant 
threats presented by terrorist organizations; an evaluation of 
the materials and methods that terrorists may use and the 
outcomes the terrorists aim to achieve; the process of 
coordination between DHS and the National Counter Terrorism 
Center; policies and procedures regarding how DHS will gather 
real-time information and incorporate it into counter-terrorism 
activities; specific initiatives by DHS to identify threats, 
coordinate activities within DHS to prevent acts of terrorism, 
and share information with state and local governments and the 
private sector. In formulating the TPP, the Secretary of DHS is 
required to consult with the heads of key Federal law 
enforcement and intelligence agencies, as well as State, 
county, and local law enforcement agencies the Secretary 
considers appropriate.

Sec. 202. Consolidated background check process

    This section requires the Secretary of Homeland Security to 
create a single process for conducting security screening and 
background checks on individuals participating in voluntary or 
mandatory departmental credentialing or registered travel 
program.

Sec. 216. Authority for disseminating homeland security information

    This section designates the Secretary of Homeland Security 
as the executive branch official responsible for the 
dissemination of homeland security information to State and 
local officials.

Sec. 222. Information collection requirements and priorities

    This section amends section 102 of the Homeland Security 
Act of 2002 (Pub. L. No. 107-296) to add a provision that would 
make the Secretary of Homeland Security a member of any Federal 
interagency board that is responsible for establishing foreign 
collection information requirements and priorities. This 
section also establishes an interagency Homeland Security 
Information Requirements Board, chaired by the Secretary of 
Homeland Security, to oversee the process of establishing 
homeland security requirements and collection management for 
all terrorism-related and homeland security information 
collected within the United States.

Sec. 301. National terrorism exercise program

    This section establishes a National Terrorism Exercise 
Program for testing and evaluating the Nation's ``capabilities 
to prevent * * * threatened or actual acts of terrorism * * * 
[and its] capability to detect, disrupt, and prevent threatened 
or actual catastrophic acts of terrorism.''

Sec. 303. Review of antiterrorism acquisitions

    This section requires the Secretary of DHS to study all 
Department procurements to identify those involving technology 
that has the purpose of preventing, detecting, identifying, or 
deterring acts of terrorism or limiting the harm such acts 
might otherwise cause, and to assess whether the 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 (Pub. L. No. 107-296) (more commonly known 
as the ``Support Anti-terrorism by Fostering Effective 
Technologies Act of 2002'' or ``SAFETY Act'').

Sec. 311. Department of Homeland Security Cybersecurity Enhancement Act 
        of 2005

    This section establishes a cybersecurity office within the 
Department of Homeland Security, and requires the coordination 
of Federal, State and local officials to enhance cybersecurity 
cooperation.

Sec. 321. Security best practices

    This section requires the submission of a report to 
Congress detailing best practices for enhancing the security of 
public transportation systems.

Sec. 332. Security review

    This section requires the Secretary of Homeland Security, 
in coordination with ``other relevant Federal agencies'' to 
``review existing Federal, State, [and] local plans * * * for 
securing the critical infrastructure.''

Sec. 401. Border security and enforcement coordination and operations

    This section contains several findings concerning the 
implementation of the Homeland Security Act and the 
administration of Immigration and Customs Enforcement and 
border security missions. This section also contains broad 
conclusions concerning the division of resources within 
Immigration and Customs Enforcement and other immigration-
related functions of the Department of Homeland Security, and 
makes specific recommendations concerning the proper 
organization of immigration-related functions at the Department 
of Homeland Security.

Sec. 405. Denial of transportation security card

    Section 70105 of Title 46 of the U.S. Code requires the 
issuance of Transportation Worker Identification Cards (TWICs) 
for workers that enter secure areas on vessels or maritime 
facilities. The Transportation Security Administration (TSA) is 
currently preparing regulations and testing technologies in 
advance of fully implementing this requirement. This section 
provides that, when determining if a worker is `otherwise a 
terrorism security risk,' the Secretary can consider felonies 
that occurred more than seven years before the issuance of the 
TWIC only if the felony was related to terrorism, as that term 
is defined in the Homeland Security Act of 2002.

   Amendments to H.R. 1817 Reported by the Committee on the Judiciary


              Sensenbrenner-Conyers Amendment to H.R. 1817

    A bipartisan Manager's Amendment supported by Chairman 
Sensenbrenner and Ranking Member Conyers was reported from the 
Committee. This amendment made a number of changes to H.R. 1817 
(as reported by the Committee on Homeland Security) that 
promote administrative efficiency and ensure against 
unnecessary duplication of responsibilities at DHS and other 
Federal agencies. A summary of this amendment and the changes 
made by the amendment are reflected below.

  CRIMINAL LAW ENFORCEMENT PROVISIONS CONTAINED IN THE SENSENBRENNER-
                           CONYERS AMENDMENT

Sec. 3. Definitions

    Section 3 did not appear in H.R. 1817 as reported by the 
Homeland Security Committee. The phrases ``prevent terrorist 
attacks'' and ``terrorism prevention'' appear throughout the 
legislation. The term ``terrorism prevention'' can entail a 
number of different functions and responsibilities. Some of 
these functions are the responsibility of the DHS and some are 
the responsibility of other agencies such as the Department of 
Justice or the newly created Director of National Intelligence. 
In order to prevent unnecessary duplication, a definition of 
``terrorism prevention'' was included in this section.

Sec. 108. Authorization of appropriations for training of State and 
        local personnel in border States performing immigration 
        functions

    As reported from the Homeland Security Committee, this 
section authorizes $40 million (from the management and 
administration budget of the Bureau of Immigration and Customs 
Enforcement) to reimburse States along U.S. borders (30 miles 
or less from a border or coastline) for costs associated with 
having State and local law enforcement personnel trained and 
certified by the Immigration and Customs Enforcement (ICE) to 
enforce Federal immigration laws. The amendment strikes this 
section. The Homeland Security Committee lacks jurisdiction 
over this provision. In addition, if funding is authorized, the 
Committee believes all States (rather than those with borders 
or coastlines) should be reimbursed for costs associated with 
State and local law enforcement personnel training and 
certification by Federal immigration authorities.

Sec. 201. Terrorism prevention plan and related budget submission

    As reported by the Committee on Homeland Security, this 
section authorizes DHS to expand its powers beyond the 
statutory authority. The Sensenbrenner-Conyers amendment 
reported by the Committee clarifies the authority of DHS in 
relation to law enforcement and intelligence agencies in order 
to better reflect the mission of the DHS and to promote 
administrative efficiency within DHS and other Federal 
agencies. Specifically, the amendment clarifies DHS authority 
to identify vulnerabilities of the United States to terrorist 
attacks and use this information to prevent terrorist attacks 
by securing our borders, securing critical infrastructure, 
disseminating homeland security information to Federal, State 
and local governments, and preparing first responders for 
terrorist attacks. The changes to this section are essential to 
clarify the proper role of the DHS and avoid duplication and 
turf battles among competing Federal agencies in the fight 
against terrorism. Each agency has a role in this fight which 
has been established by Congress, and the responsibilities 
should be reinforced by this legislation. The legislation, as 
amended by the Committee on Homeland Security, would create 
confusion about the roles and responsibilities of the Federal 
agencies.

Sec. 202. Consolidated background check process

    The Sensenbrenner-Conyers amendment to this section 
preserves DHS authority to administer a consolidated background 
check process but inserts ``in consultation with the Attorney 
General.'' The Attorney General requires consultation because 
criminal background checks often involve the resources of the 
Department of Justice.

Sec. 216. Authority for Disseminating Homeland Security Information

    As reported by the Committee on Homeland Security, this 
section provides DHS with sole authority to disseminate 
``homeland security'' information to State and local government 
agencies and would prohibit other agencies from sharing such 
information. An exception would be made for information 
necessary for criminal justice purposes. It is unclear what the 
terms ``homeland security information'' and ``criminal justice 
purposes'' entail. The amendment would establish the Department 
of Homeland Security as the principal agency for the 
dissemination of homeland security information, but eliminates 
the prohibition on other Federal agencies as well as the 
exception.

Sec. 218. Access to nuclear terrorism-related information

    As reported by the Homeland Security Committee, this 
section requires any component of DHS that receives information 
related to a nuclear threat to disseminate that information 
throughout the Department and to State and local governments. 
The Sensenbrenner-Conyers amendment expands the list of 
recipients of information pertaining to nuclear threats to 
include other Federal agencies.

Sec. 222. Information collection requirements and priorities

    As reported, this section required the President to include 
the Secretary of DHS on any interagency board responsible for 
collection of foreign intelligence information. The amendment 
eliminates this requirement and retains executive discretion 
for such appointments. As reported, this section would have 
also established an interagency board, chaired by the Secretary 
of DHS, which also included the Attorney General and the 
Director of National Intelligence among others, to coordinate 
the collection of information related to homeland security and 
prioritize the collection and use of such information. The 
Sensenbrenner-Conyers amendment eliminates this provision 
because these duties are properly performed by the newly 
created Director of National Intelligence and respective 
Federal agencies.

Sec. 301. National terrorism exercise program

    This section authorizes the Secretary of Homeland Security 
to conduct the TOPOFF (simulated terrorism attack exercise) 
program to train State and local first responders in responding 
and preventing terrorist attacks. Because DHS exercises would 
involve the active participation of Federal law enforcement 
agencies, the Sensenbrenner-Conyers amendment would require the 
Secretary of DHS to coordinate with the Attorney General and 
the Director of National Intelligence when developing such 
exercises.

Sec. 309. Report to Congress on implementation of recommendations 
        regarding protection of agriculture

    This section requires the Secretary of Homeland Security to 
provide a report to the Committee on Homeland Security 
regarding terrorist threats to agriculture. The Sensenbrenner-
Conyers amendment would require the report to be additionally 
submitted to the Committee on the Judiciary.

Sec. 331. Critical infrastructure

    This section requires the Secretary of Homeland Security to 
prioritize threats to the Nation's critical infrastructure. The 
Sensenbrenner-Conyers amendment would require the Secretary to 
consult with the Attorney General and the Director of National 
Intelligence in developing this analysis.

Sec. 333. Implementation report

    This section requires the Secretary to submit a report to 
the Committee on Homeland Security regarding plans for securing 
the critical infrastructure. The Sensenbrenner-Conyers 
amendment requires the report to be submitted to the Committee 
on Judiciary as well.

Sec. 405. Denial of transportation security card

    This section was added to the bill by the Transportation 
Committee. It would prohibit the Secretary from using a felony 
conviction that is more than seven years old and not terrorism 
related to make a determination that an applicant poses a 
terrorism security risk for purposes of denying a person a 
Transportation Security Card. Such a card may be used to gain 
access to hazmat credentials, ports, and railroads. The 
Sensenbrenner-Conyers reported by the Committee modifies this 
section to prohibit the Secretary from using a non-terrorism 
related felony conviction as the sole reason for determining 
that an applicant poses a terrorism security risk for purposes 
of denying a person a Transportation Security Card.

 IMMIGRATION-RELATED PROVISIONS CONTAINED IN THE SENSENBRENNER-CONYERS 
                               AMENDMENT

Sec. 102. Border patrol agents

    This section authorizes appropriations to hire an 
additional 2,000 border patrol agents. These funds will permit 
the Secretary of Homeland Security, in Fiscal Year 2006, to 
fully hire, train, and equip the 2,000 additional Border Patrol 
agents originally authorized under the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Pub. L. No. 108-458). The 
Sensenbrenner-Conyers amendment authorizes the appropriation of 
sufficient funds for the Immigration and Customs Enforcement 
(ICE) Legal Program for the hiring of an additional 300 
attorneys and related training and support costs, and 
authorizes such sums as may be necessary for Citizenship and 
Immigration Services (CIS) to hire an additional 300 
adjudicators and related training and support costs to carry 
out the adjudicative functions specified in section 451(b) of 
the Homeland Security Act of 2002.
    The legacy INS General Counsel program consisted of 710 
attorneys. Most of these attorneys were assigned to Immigration 
Court. The newly formed ICE lost 135 positions to the Bureau of 
Customs and Border Protection (CBP) and CIS. However, no 
attorneys at either of those two agencies represent the United 
States in removal proceedings. As a result, to properly staff 
all removal proceedings and handle other responsibilities, the 
ICE Principal Legal Advisor's Office has 587 attorneys. INS 
attorneys as a whole faced an increasing workload even before 
the creation of DHS, a problem that has been exacerbated by 
ICE's loss of attorneys. In 2004, ICE attorneys had time to 
spend only 23 minutes preparing the average case for hearing. 
The U.S. Army Manpower Analysis Agency had completed a review 
of the INS legal program's staffing needs in 1998 and found 
that ``the Legal Proceedings Program is vastly understaffed and 
underfunded. Its attorneys cannot adequately perform their 
assigned functions without significant increases in personnel. 
Based on its FY 1997 workload, the program needs * * * an 
additional * * * 293 attorneys * * *.'' The role that a lack of 
attorney resources played in terrorist planning is evident from 
the 9/11 Terrorist Travel Monograph, which describes how 
terrorists exploited U.S. immigration laws before the 2001 
attacks: ``Aliens were granted multiple hearings, often 
resulting in lengthy delays. This system was easy to exploit. 
Because the immigration attorneys representing the INS in cases 
against aliens worked solely from paper files, they were often 
unable to properly track cases or access the necessary files to 
present their cases efficiently and knowledgeably. For much of 
the 1990s, case backlogs were considerable. Terrorists knew 
they could beat the system--and, as we have seen, they often 
did.''
    CIS faces a backlog of approximately 1.3 million 
applications (that number doubles if one includes the cases 
pending without a current available visa number). There was a 
recent hiring freeze at CIS, and in addition there has been a 
``backlog'' in hiring because new CIS employees must undergo a 
time consuming security clearance by the Office of Personnel 
Management because CIS's private sector recruiter went out of 
business. Most employees at CIS are currently working many 
hours of overtime to help reduce the backlog. Of course, 
legislative proposals to increase premium processing and 
institute a large-scale guest worker program would require many 
more adjudicators. Recent briefings by the Government 
Accountability Office reveal that CIS has determined that 
channeling funding towards electronic filing would be less 
advantageous than hiring more adjudicators and would only delay 
backlog reduction efforts.

Sec. 401. Border security and enforcement coordination and operations

    As reported by the Committee on Homeland Security, Section 
401 contains a number of findings regarding the creation and 
function of the Bureau of Border Security pursuant to the 
Homeland Security Act of 2002 and the advisability of the 
Administration's creation of ICE and CBP when establishing the 
Department of Homeland Security. The section also provides that 
the Secretary of Homeland Security shall evaluate the 
organizational structure of DHS, especially as it relates to 
ICE and CBP. The Sensenbrenner-Conyers amendment ensures that 
the Secretary of Homeland Security will study the rationale and 
consequences of both of these organizational decisions of the 
Administration, and not just the decision to bifurcate 
immigration enforcement. The amendment also ensures that the 
findings of section 401 as reported by the Committee on 
Homeland Security do not prejudge the issues.

  Additional Amendments to H.R. 1817 Adopted by the Committee on the 
                               Judiciary

    In addition to the Sensenbrenner-Conyers amendment, the 
Committee on the Judiciary reported three amendments to H.R. 
1817 by voice vote.
    The Committee adopted an amendment offered by Mr. Delahunt 
that authorizes sufficient funding for the development of a 
regional homeland security center that enhances coordination 
for terrorism preparedness among all levels of government. The 
Federal government can realize significant financial savings by 
maximizing regional infrastructure and capabilities in high-
risk regions throughout the United States. To ensure efficient 
allocation of resources, the amendment specifies that any 
authorization of funding will be contingent upon the completion 
of a feasibility study, conducted by the Federal government, to 
determine the most appropriate location for its establishment. 
Last year, the Department of Defense completed an extensive and 
comprehensive feasibility study that concluded that a regional 
Homeland Defense Training Center is needed for the New England 
region.
    The Committee adopted an amendment offered by Mr. Weiner 
that authorizes Homeland Security grant funding for the 
salaries of ``Terrorism Cops'' hired exclusively for terrorism 
or homeland security purposes.
    The Committee adopted an amendment offered by Ms. Jackson-
Lee that requires the Secretary of Homeland Security to collect 
data on the use of ``immigration consultants'' by aliens if the 
alien states that he or she used the service of an immigration 
consultant or a Department employee suspects that the alien 
used the services of an immigration consultant. There are a 
rising number of consultants that illegally practice 
immigration law without a license.

                                Hearings

    H.R. 1817 was introduced on April 26, 2005. No hearings 
were held on the legislation. However, since the establishment 
of the Department of Homeland Security, the Committee on the 
Judiciary held several hearings examining the operation of 
components of the Department within the Committee's 
jurisdiction.

  HEARINGS BEFORE THE SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND 
                                SECURITY

    On June 4, 2002, the Subcommittee on Crime, Terrorism, and 
Homeland Security conducted a legislative hearing on H.R. 4598, 
the ``Homeland Security Information Sharing Act,'' at which the 
following witnesses testified: Senator Saxby Chambliss (R-GA); 
Rep. Jane Harman (D-CA); John Bittick, President of the 
National Sheriffs' Association.
    On June 9, 2002, the Subcommittee on Crime, Terrorism, and 
Homeland Security conducted an oversight hearing on the 
``Proposal to Create a Department of Homeland Security,'' at 
which the following witnesses testified: Rep. Lamar Smith (R-
TX); Robert Bonner, Commission of the U.S. Customs Service; 
Thomas Collins, Commandment of the United States Coast Guard; 
John Magaw, Under Secretary of Transportation and Security at 
the Transportation Security Administration; Brian L. Stafford, 
Director of the United States Secret Service.
    On June 25, 2002, the Subcommittee on Crime, Terrorism, and 
Homeland Security conducted an oversight hearing on the ``Risk 
to Homeland Security From Identity Fraud and Identity Theft,'' 
at which the following witnesses testified: Paul McNulty, 
United States Attorney; James G. Huse, Inspector General at the 
Social Security Administration; Richard M. Stana, Director of 
Administration of Justice Issues, U.S. General Accounting 
Office; Edmund Mierzwinski, Consumer Program Director for the 
State Public Interest Research Groups.
    On November 20, 2003 the Subcommittee on Crime, Terrorism, 
and Homeland Security conducted a legislative/oversight hearing 
on ``Homeland Security--the Balance Between Crisis and 
Consequence Management Through Training and Assistance (Review 
of Legislative Proposals H.R. 2512, H.R. 3266 and H.R. 3158),'' 
at which the following witnesses testified: William Bishop, 
Director of Homeland Security in the State of Idaho; Raymond W. 
Kelly, Police Commissioner for the City of New York; Susan 
Mencer, Director of the Office of Domestic Preparedness at the 
Department of Homeland Security.
    On February 3, 2004 the Subcommittee on Crime, Terrorism, 
and Homeland Security conducted an oversight hearing on the 
``Law Enforcement Efforts Within the Department of Homeland 
Security,'' at which the following witnesses testified: W. 
Ralph Basham, Director of the United States Secret Service at 
the Department of Homeland Security; Thomas Collins, Commandant 
of the United States Coast Guard at the Department of Homeland 
Security; Michael Garcia, Assistant Secretary for the Bureau of 
Immigration and Customs Enforcement at the Department of 
Homeland Security.

 HEARINGS BEFORE THE SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND 
                                 CLAIMS

    On April 10, 2003, the Subcommittee on Immigration, Border 
Security, and Claims held an oversight hearing on ``Department 
of Homeland Security Transition: Bureau of Immigration and 
Customs Enforcement,'' at which the following witnesses 
testified: Under Secretary Asa Hutchinson, Border and 
Transportation Security, Department of Homeland Security; Mark 
Krikorian, Executive Director, Center for Immigration Studies; 
Timothy Danahey, Federal Law Enforcement Officers Association 
(FLEOA); and Rich Stana, Director for Homeland Security and 
Justice Issues, General Accounting Office.
    On May 8, 2003, the Subcommittee on Immigration, Border 
Security, and Claims held an oversight hearing on ``War on 
Terrorism: Immigration Enforcement Since September 11, 2001,'' 
at which the following witnesses testified: Kevin Rooney, 
Director, Executive Office for Immigration Review, Department 
of Justice; Michael Dougherty, Director of Operations, Bureau 
of Immigration and Customs Enforcement, Department of Homeland 
Security; Jay Ahern, Assistant Commissioner, Office of Field 
Operations, Bureau of Customs and Border Protection, Department 
of Homeland Security; and Laura Murphy, American Civil 
Liberties Union.
    On February 25, 2004, the Subcommittee on Immigration, 
Border Security, and Claims held an oversight hearing on 
``Funding for Immigration in the President's 2005 Budget,'' at 
which the following witnesses testified: Eduardo Aguirre, 
Director, Citizenship and Immigration Services; Michael 
Dougherty, Director of Operations, Immigration and Customs 
Enforcement; Daniel Smith, Principal Deputy Assistant Secretary 
for Consular Affairs, Department of State; and Seth Stodder, 
Counselor and Senior Policy Advisor to Commissioner Robert C. 
Bonner, U.S. Customs and Border Protection.
    On March 4, 2004, the Subcommittee on Immigration, Border 
Security, and Claims held an oversight hearing on ``Alien 
Removal Under Operation Predator,'' at which the following 
witnesses testified: Michael J. Garcia, Assistant Secretary for 
U.S. Immigration and Customs Enforcement, U.S. Department of 
Homeland Security; and John Walsh, Host of ``America's Most 
Wanted: America Fights Back.''
    On March 11, 2004, the Subcommittee on Immigration, Border 
Security, and Claims held an oversight hearing on ``Funding for 
Immigration in the President's 2005 Budget,'' at which the 
following witnesses testified: T.J Bonner, President, National 
Border Patrol Council; Timothy J. Danahey, National President, 
Federal Law Enforcement Officers Association (FLEOA); and 
Demetrios Papademetriou, Senior Associate & Co-Director, 
Migration Policy Institute (MPI).
    On March 18, 2004, the Subcommittee on Immigration, Border 
Security, and Claims held an oversight hearing on ``US VISIT-A 
Down Payment on Homeland Security,'' at which the following 
witnesses testified: Mr. Robert M. Jacksta, Executive Director, 
Border Security and Facilitation, U.S. Customs and Border 
Protection, U.S. Department of Homeland Security; Mr. Robert A. 
Mocny, Deputy Director, US-VISIT Office, Department of Homeland 
Security; Mr. Alfonso Martinez-Fonts, Jr., Special Assistant to 
the Secretary for the Private Sector, U.S. Department of 
Homeland Security; and Mr. Randolph C. Hite, Director, 
Information Technology Architecture and Systems Issues, U.S. 
General Accounting Office.
    On June 17, 2004, the Subcommittee on Immigration, Border 
Security, and Claims conducted an oversight hearing on 
``Families and Businesses in Limbo: The Detrimental Impact of 
the Immigration Backlog,'' at which the following witness 
testified: The Honorable Eduardo Aguirre, Director of U.S. 
Citizenship and Immigration Services, U.S. Department of 
Homeland Security.
    On June 23, 2004, the Subcommittee on Immigration, Border 
Security, and Claims conducted an oversight hearing on 
``Families and Businesses in Limbo: The Detrimental Impact of 
the Immigration Backlog,'' at which the following witnesses 
testified: Mr. Prakash Khatri, Citizenship and Immigration 
Services Ombudsman, U.S. Department of Homeland Security; Ms. 
Elizabeth Stern, Managing Partner, Business Immigration 
Practice Group, Shaw Pittman, LLC; and Mr. Paul Zulkie, 
President, American Immigration Lawyers Association.
    On March 3, 2005, the Subcommittee on Immigration, Border 
Security, and Claims conducted an oversight hearing on ``The 
Immigration Enforcement Resources Authorized in the 
Intelligence Reform and Terrorism Prevention Act of 2004,'' at 
which the following witnesses testified: Rep. Solomon P. Ortiz, 
27th District of Texas; Mr. Peter Gadiel, 9-11 Families for a 
Secure America; Mr. T.J. Bonner, President, National Border 
Patrol Council; and Mr. Robert Eggle, Father of Kris Eggle, 
slain National Park Service Ranger.
    On March 10, 2005, the Subcommittee on Immigration, Border 
Security, and Claims conducted an oversight hearing on 
``Interior Immigration Enforcement Resources,'' at which the 
following witnesses testified: Mr. Paul Martin, Deputy 
Inspector General, U.S. Department of Justice; Mr. Michael 
Cutler, Former I.N.S. Special Agent; Mr. Randy Callahan, Vice 
President, National Homeland Security Council; and Dr. Craig 
Haney, Professor, University of California at Santa Cruz.
    On May 5, 2005, the Subcommittee on Immigration, Border 
Security, and Claims conducted an oversight hearing on the 
``New `Dual Missions' of the Immigration Enforcement 
Agencies,'' at which the following witnesses testified: Michael 
Cutler, former INS Special Agent; T.J. Bonner, President of the 
National Border Patrol Council; Janice Kephart, Former 
September 11 Commission Staff Counsel; and Richard Stana, 
Director of Homeland Security and Justice Issues at the U.S. 
Government Accountability Office.

 HEARINGS BEFORE THE SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW

    On February 10, 2004 the Subcommittee on Commercial and 
Administrative Law conducted an oversight hearing on ``Privacy 
in the Hands of the Government: The Privacy Officer for the 
Department of Homeland Security,'' at which the following 
witnesses testified: James Dempsey, Executive Director for the 
Center for Democracy and Technology; James S. Gilmore III, 
President of the USA Secure Corporation; Sally Katzen, visiting 
professor at the University of Michigan School of Law; Nuala 
O'Connor Kelly, Chief Privacy Officer at the Department of 
Homeland Security.

                        Committee Consideration

    On May 12, 2005, the Committee met in open session and 
ordered favorably reported the bill H.R. 1817, as amended, by a 
voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that [there 
were no recorded votes during the committee consideration of 
H.R. 1817 the following roll call votes occurred during the 
committee's consideration of H.R. 1817.
    1. Mr. Hostettler offered an amendment that would have 
created whistleblower protections and monetary rewards for 
persons who contribute to successful prosecutions of employers 
unlawfully employing aliens. The amendment was defeated by a 
vote of 12 ayes and 16 nays.

------------------------------------------------------------------------
             Member                  Ayes          Nays        Present
------------------------------------------------------------------------
Mr. Hyde.......................
Mr. Coble......................            X
Mr. Smith......................            X
Mr. Gallegly...................            X
Mr. Goodlatte
Mr. Chabot
Mr. Lungren....................                          X
Mr. Jenkins....................            X
Mr. Cannon.....................                          X
Mr. Bachus
Mr. Inglis.....................            X
Mr. Hostettler.................            X
Mr. Green......................                          X
Mr. Keller.....................                          X
Mr. Issa.......................                          X
Mr. Flake
Mr. Pence......................            X
Mr. Forbes.....................            X
Mr. King.......................            X
Mr. Feeney.....................            X
Mr. Franks
Mr. Gohmert....................                                     Pass

Mr. Conyers....................            X
Mr. Berman
Mr. Boucher
Mr. Nadler.....................                          X
Mr. Scott......................                          X
Mr. Watt.......................                          X
Ms. Lofgren
Ms. Jackson Lee................                          X
Ms. Waters.....................            X
Mr. Meehan.....................                          X
Mr. Delahunt...................                          X
Mr. Wexler
Mr. Weiner.....................                          X
Mr. Schiff.....................                          X
Ms. Sanchez....................                          X
Mr. Smith
Mr. Van Hollen.................                          X

Mr. Sensenbrenner, Chairman....                          X
                                ----------------------------------------
    Total......................           12            16             1
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1817, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                                      May 13, 2005.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
U.S. 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,
                                       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 intergovernmental 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:
    Authorization Levela......................     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 in 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 training and from 
changes to existing grants that allow funds to be used to pay 
for the salaries of certain law enforcement officers. 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 Energy and Commerce on May 
11, 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.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1817 would authorize the Department of Homeland Security for 
Fiscal Year 2006.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

    The following is a discussion of sections within the 
jurisdiction of the Committee on the Judiciary. The other 
sections are described in the report to accompany this 
legislation prepared by the Committee on Homeland Security 
(H.R. Rep. No. 109-71 Part I).

Sec. 3. Definitions

    Section 3 did not appear in H.R. 1817 as reported by the 
Homeland Security Committee. In order to prevent unnecessary 
duplication, a definition of ``terrorism prevention'' was 
included in this section.

Sec. 102. Border Patrol agents

    This section authorizes appropriations to hire an 
additional 2,000 Border Patrol agents. These funds will permit 
the Secretary of Homeland Security, in Fiscal Year 2006, to 
fully hire, train, and equip the 2,000 additional Border Patrol 
agents originally authorized under the Intelligence Reform and 
Terrorism Prevention Act of 2004 (P.L. No. 108-458). As amended 
by the Committee on the Judiciary, this section authorizes the 
appropriation of sufficient funds for the Immigration and 
Customs Enforcement (ICE) Legal Program for the hiring of an 
additional 300 attorneys and related training and support 
costs, and authorizes such sums as may be necessary for 
Citizenship and Immigration Services (CIS) to hire an 
additional 300 adjudicators and related training and support 
costs to carry out the adjudicative functions specified in 
section 451(b) of the Homeland Security Act of 2002.

Sec. 107. State and local terrorism preparedness

    This section authorizes appropriations for Fiscal Year 2006 
for certain State and Local Terrorism Preparedness programs. 
The Committee adopted an amendment offered by Mr. Weiner that 
authorizes Homeland Security grant funding for the salaries of 
``Terrorism Cops'' hired exclusively for terrorism or homeland 
security purposes. In addition, the Committee adopted an 
amendment offered by Mr. Delahunt that authorizes sufficient 
funding for the development of a regional homeland security 
center that enhances coordination for terrorism preparedness 
among all levels of government. The Federal government can 
realize significant financial savings by maximizing regional 
infrastructure and capabilities in high-risk regions throughout 
the United States. To ensure efficient allocation of resources, 
the amendment specifies that any authorization of funding will 
be contingent upon the completion of a feasibility study, 
conducted by the Federal government, to determine the most 
appropriate location for its establishment.

Sec. 108. Authorization of appropriations for training of State and 
        local personnel in border States performing immigration 
        functions

    As reported from the Homeland Security Committee, this 
section authorizes $40 million (from the management and 
administration budget of the Bureau of Immigration and Customs 
Enforcement) to reimburse States along U.S. borders (30 miles 
or less from a border or coastline) for costs associated with 
having State and local law enforcement personnel trained and 
certified by the Immigration and Customs Enforcement (ICE) to 
enforce Federal immigration laws. The Committee reported an 
amendment to strike this section. The Homeland Security 
Committee lacks jurisdiction over this provision. In addition, 
if funding is authorized, all States (rather than those with 
borders or coastlines) should be reimbursed for costs 
associated with State and local law enforcement personnel 
training and certification by Federal immigration authorities.

Sec. 201. Terrorism prevention plan and related budget submission

    As reported by the Committee on Homeland Security, this 
section authorizes DHS to expand its powers beyond the 
authority granted to that agency in its original authorizing 
legislation. The amendment clarifies the authority of DHS in 
relation to law enforcement and intelligence agencies in order 
to better reflect the mission of the DHS and to promote 
administrative efficiency within DHS and other federal 
agencies.

Sec. 202. Consolidated background check process

    The Department of Homeland Security has numerous security 
programs that pre-screen individuals by checking their names 
and biometric identifiers against terrorist watch lists and 
other criminal databases. This section authorizes the creation 
of a consolidated background check process. The amendment to 
this section reported by the Committee preserves DHS authority 
to administer a consolidated background check process but 
inserts ``in consultation with the Attorney General.'' The 
Attorney General requires consultation because criminal 
background checks often involve the resources of the Department 
of Justice.

Sec. 216. Authority for disseminating homeland security information

    As reported by the Committee on Homeland Security, this 
section provides DHS with sole authority to disseminate 
``homeland security'' information to State and local government 
agencies and would prohibit other agencies from sharing such 
information. An exception would be made for information 
necessary for criminal justice purposes. It is unclear what the 
terms ``homeland security information'' and ``criminal justice 
purposes'' entail. As amended by the Committee on the 
Judiciary, the amendment recognizes DHS as the principal agency 
for the dissemination of homeland security information, but 
eliminates the prohibition on other Federal agencies as well as 
the exception.

Sec. 218. Access to nuclear terrorism-related information

    This section requires any component of DHS that receives 
information related to a nuclear threat to disseminate that 
information throughout the Department and to State and local 
governments. The Sensenbrenner-Conyers amendment expands the 
list of recipients of information pertaining to nuclear threats 
to include other Federal agencies.

Sec. 222. Information collection requirements and priorities

    As reported, this section required the President to include 
the Secretary of DHS on any interagency board responsible for 
collection of foreign intelligence information. The amendment 
eliminates this requirement and retains executive discretion 
for such appointments. As reported, this section would have 
also established an interagency board, chaired by the Secretary 
of DHS, which also included the Attorney General and the 
Director of National Intelligence among others, to coordinate 
the collection of information related to homeland security and 
prioritize the collection and use of such information. The 
Sensenbrenner-Conyers amendment reported by the Committee 
eliminates this provision because these duties are properly 
performed by the newly created Director of National 
Intelligence and respective Federal agencies.

Sec. 301. National terrorism exercise program

    This section authorizes the Secretary of Homeland Security 
to conduct the TOPOFF (simulated terrorism attack exercise) 
program to train State and local first responders in responding 
and preventing terrorist attacks. Because DHS exercises would 
involve the active participation of Federal law enforcement 
agencies, the Sensenbrenner-Conyers amendment modifies this 
section to require the Secretary of DHS to coordinate with the 
Attorney General and the Director of National Intelligence when 
developing such exercises.

Sec. 309. Report to Congress on implementation of recommendations 
        regarding protection of agriculture

    This section requires the Secretary of Homeland Security to 
provide a report to the Committee on Homeland Security 
regarding terrorist threats to agriculture. As amended by the 
Committee, this section would require the report be 
additionally submitted to the Judiciary Committee.

Sec. 331. Critical infrastructure

    This section requires the Secretary of Homeland Security to 
prioritize threats to the Nation's critical infrastructure. The 
amendment reported from the Judiciary Committee requires the 
Secretary to consult with the Attorney General and the Director 
of National Intelligence in developing this analysis.

Sec. 333. Implementation report

    This section requires the Secretary to submit a report to 
the Committee on Homeland Security regarding plans for securing 
the critical infrastructure. This section was amended by the 
Committee to the report to be submitted to the Committee on the 
Judiciary as well.

Sec. 405. Denial of transportation security card

    This section was added to the bill by the Transportation 
Committee. It would prohibit the Secretary from using a felony 
conviction that is more than seven years old and not terrorism 
related to make a determination that an applicant poses a 
terrorism security risk for purposes of denying a person a 
Transportation Security Card. Such a card may be used to gain 
access to hazmat credentials, ports, and railroads. This 
section was amended by the Committee to prohibit the Secretary 
from using a non-terrorism related felony conviction as the 
sole reason for determining that an applicant poses a terrorism 
security risk for purposes of denying a person a Transportation 
Security Card.

Sec. 407. Data collection on use of immigration consultants

    Section 407 did not appear in H.R. 1817 as reported by the 
Committee on Homeland Security. Offered by Ms. Jackson-Lee, 
this new section requires the Secretary of Homeland Security to 
collect data on the use of ``immigration consultants'' by 
aliens if the alien states that he or she used the service of 
an immigration consultant or a Department employee suspects 
that the alien used the services of an immigration consultant. 
There are a rising number of consultants that illegally 
practice immigration law without a license.

         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.

      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.
Sec. 207. Assistant Secretary for Cybersecurity.
     * * * * * * *

 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.

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) * * *

           *       *       *       *       *       *       *

          (17)(A) The term ``cybersecurity'' means the 
        prevention of damage to, the protection of, and the 
        restoration of computers, electronic communications 
        systems, electronic communication services, wire 
        communication, and electronic communication, including 
        information contained therein, to ensure its 
        availability, integrity, authentication, 
        confidentiality, and nonrepudiation.
          (B) In this paragraph--
                  (i) each of the terms ``damage'' and 
                ``computer'' has the meaning that term has in 
                section 1030 of title 18, United States Code; 
                and
                  (ii) each of the terms ``electronic 
                communications system'', ``electronic 
                communication service'', ``wire 
                communication'', and ``electronic 
                communication'' has the meaning that term has 
                in section 2510 of title 18, United States 
                Code.

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY INFORMATION.

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

      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) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

  (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 
                        Federal, State, local, tribal, and 
                        private sector officials; and
                  (C) such information is used to determine 
                what requests the Department should submit for 
                collection of additional information relating 
                to that threat.
          (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.

SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY.

  (a) In General.--There shall be in the Directorate for 
Information Analysis and Infrastructure Protection a National 
Cybersecurity Office headed by an Assistant Secretary for 
Cybersecurity (in this section referred to as the ``Assistant 
Secretary''), who shall assist the Secretary in promoting 
cybersecurity for the Nation.
  (b) General Authority.--The Assistant Secretary, subject to 
the direction and control of the Secretary, shall have primary 
authority within the Department for all cybersecurity-related 
critical infrastructure protection programs of the Department, 
including with respect to policy formulation and program 
management.
  (c) Responsibilities.--The responsibilities of the Assistant 
Secretary shall include the following:
          (1) To establish and manage--
                  (A) a national cybersecurity response system 
                that includes the ability to--
                          (i) analyze the effect of 
                        cybersecurity threat information on 
                        national critical infrastructure; and
                          (ii) aid in the detection and warning 
                        of attacks on, and in the restoration 
                        of, cybersecurity infrastructure in the 
                        aftermath of such attacks;
                  (B) a national cybersecurity threat and 
                vulnerability reduction program that identifies 
                cybersecurity vulnerabilities that would have a 
                national effect on critical infrastructure, 
                performs vulnerability assessments on 
                information technologies, and coordinates the 
                mitigation of such vulnerabilities;
                  (C) a national cybersecurity awareness and 
                training program that promotes cybersecurity 
                awareness among the public and the private 
                sectors and promotes cybersecurity training and 
                education programs;
                  (D) a government cybersecurity program to 
                coordinate and consult with Federal, State, and 
                local governments to enhance their 
                cybersecurity programs; and
                  (E) a national security and international 
                cybersecurity cooperation program to help 
                foster Federal efforts to enhance international 
                cybersecurity awareness and cooperation.
          (2) To coordinate with the private sector on the 
        program under paragraph (1) as appropriate, and to 
        promote cybersecurity information sharing, 
        vulnerability assessment, and threat warning regarding 
        critical infrastructure.
          (3) To coordinate with other directorates and offices 
        within the Department on the cybersecurity aspects of 
        their missions.
          (4) To coordinate with the Under Secretary for 
        Emergency Preparedness and Response to ensure that the 
        National Response Plan developed pursuant to section 
        502(6) of the Homeland Security Act of 2002 (6 U.S.C. 
        312(6)) includes appropriate measures for the recovery 
        of the cybersecurity elements of critical 
        infrastructure.
          (5) To develop processes for information sharing with 
        the private sector, consistent with section 214, that--
                  (A) promote voluntary cybersecurity best 
                practices, standards, and benchmarks that are 
                responsive to rapid technology changes and to 
                the security needs of critical infrastructure; 
                and
                  (B) consider roles of Federal, State, local, 
                and foreign governments and the private sector, 
                including the insurance industry and auditors.
          (6) To coordinate with the Chief Information Officer 
        of the Department in establishing a secure information 
        sharing architecture and information sharing processes, 
        including with respect to the Department's operation 
        centers.
          (7) To consult with the Electronic Crimes Task Force 
        of the United States Secret Service on private sector 
        outreach and information activities.
          (8) To consult with the Office for Domestic 
        Preparedness to ensure that realistic cybersecurity 
        scenarios are incorporated into tabletop and recovery 
        exercises.
          (9) To consult and coordinate, as appropriate, with 
        other Federal agencies on cybersecurity-related 
        programs, policies, and operations.
          (10) To consult and coordinate within the Department 
        and, where appropriate, with other relevant Federal 
        agencies, on security of digital control systems, such 
        as Supervisory Control and Data Acquisition (SCADA) 
        systems.
  (d) Authority Over the National Communications System.--The 
Assistant Secretary shall have primary authority within the 
Department over the National Communications System.

           *       *       *       *       *       *       *


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, in concurrence 
with the Attorney General and the National Director of 
Intelligence, through the National Terrorism Exercise Program, 
shall perform on a periodic basis national terrorism 
preparedness exercises for the purposes of--
          (1) involving top officials from Federal, State, 
        territorial, local, tribal, and international 
        governments;
          (2) testing and evaluating the Nation's capability to 
        detect, disrupt, and prevent threatened or actual 
        catastrophic acts of terrorism, especially those 
        involving weapons of mass destruction; and
          (3) testing and evaluating the Nation's readiness to 
        respond to and recover from catastrophic acts of 
        terrorism, especially those involving weapons of mass 
        destruction.
  (c) Consultation With First Responders.--In implementing the 
responsibilities described in subsections (a) and (b), the 
Secretary shall consult with a geographic (including urban and 
rural) and substantive cross section of governmental and 
nongovernmental first responder disciplines, including as 
appropriate--
          (1) Federal, State, and local first responder 
        training institutions;
          (2) representatives of emergency response providers; 
        and
          (3) State and local officials with an expertise in 
        terrorism preparedness.

           *       *       *       *       *       *       *

                              ----------                              


                      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) that an 
individual poses a terrorism security risk, the Secretary shall 
not consider, as the sole reason, a felony conviction if--
          (A) that felony occurred more than 7 years prior to 
        the date of the Secretary's determination; and
          (B) the felony was not an offense that is a violation 
        of a provision specified in subparagraph (B) of section 
        2332b(g)(5) of title 18.

           *       *       *       *       *       *       *


                                  
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