[House Report 109-84]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-84

======================================================================
 
   PROVIDING FOR CONSIDERATION OF H.R. 1817, DEPARTMENT OF HOMELAND 
            SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2006

                                _______
                                

May 17, 2005.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 283]

    The Committee on Rules, having had under consideration 
House Resolution 283, by a non-record vote, reports the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1817, 
Department of Homeland Security Authorization Act for Fiscal 
Year 2006, under a structured rule. The rule provides for one 
hour of general debate, equally divided and controlled by the 
chairman and ranking minority member of the Committee on 
Homeland Security.
    The rule waives all points of order against consideration 
of the bill. The rule provides that in lieu of the amendments 
reported by the Committees on Homeland Security, Energy and 
Commerce, and the Judiciary now printed in the bill, the 
amendment in the nature of a substitute printed in part A of 
this report shall be considered as the original bill for the 
purpose of amendment and shall be considered as read. The rule 
waives all points of order against the amendment in the nature 
of a substitute printed in part A of this report.
    The rule makes in order only those amendments printed in 
part B of this report, which may be offered only in the order 
printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, and 
shall not be subject to amendment or demand for division of the 
question in the House or in the Committee of the Whole. The 
rule waives all points of order against the amendments printed 
in part B of this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill. The waiver of all points of order 
against consideration of the bill is prophylactic in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 52

    Date: May 17, 2005.
    Measure: H.R. 1817, Department of Homeland Security 
Authorization Act for Fiscal Year 2006.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Markey which requires the Secretary of DHS to conduct a 
terrorism risk assessment of the siting of any waterfront 
Liquefied Natural Gas (LNG) facility, or of any significant 
expansion of an existing waterfront LNG facility, and would 
also require a report setting forth any recommendations for 
measures needed to ensure the security of the proposed facility 
and to mitigate any adverse consequences of a terrorist attack 
on the facility.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 53

    Date: May 17, 2005.
    Measure: H.R. 1817, Department of Homeland Security 
Authorization Act for Fiscal Year 2006.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Markey which requires the Secretary of DHS to establish, not 
later than 3 years after enactment of the bill, a system to 
physically inspect 100% of the cargo carried on passenger 
planes. The system shall, at a minimum, require that the 
equipment, technology, and personnel used to inspect the cargo 
meet the same standards established to inspect passenger 
baggage: 35% of cargo on passenger aircraft must be inspected 
by the end of FY 2006; 65% by FY 2007; and 100% by FY 2008.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 54

    Date: May 17, 2005.
    Measure: H.R. 1817, Department of Homeland Security 
Authorization Act for Fiscal Year 2006.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Shays which requires DHS to notify all airline passengers if 
the plane they are traveling on is carrying cargo that has not 
been inspected for explosives or other hazardous materials. 
Requires the notifications to begin within 90 days of passage 
of the Act.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 55

    Date: May 17, 2005.
    Measure: H.R. 1817, Department of Homeland Security 
Authorization Act for Fiscal Year 2006.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Oberstar which enhances the security of United States 
railroads, passengers, working and communities served by them. 
Includes more than $1 billion in authorizations to safeguard 
our Nation's rail network, and requires the Secretary of DHS 
and the Secretary of Transportation to develop and implement a 
railroad security assessment, a railroad security plan, and 
prioritized recommendations for improving railroad security.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 56

    Date: May 17, 2005.
    Measure: H.R. 1817, Department of Homeland Security 
Authorization Act for Fiscal Year 2006.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Thompson of Mississippi which requires the Chief Human Capital 
Officer of the Department of Homeland Security, in consultation 
with the Director of the Office of Civil Rights and Civil 
Liberties of the Department, to submit a report not later than 
120 days after the date of enactment to ensure representation 
of minorities at all levels of employment at DHS, within the 
Department's procurement activities, and with respect to the 
Centers of Excellence program.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 57

    Date: May 17, 2005.
    Measure: H.R. 1817, Department of Homeland Security 
Authorization Act for Fiscal Year 2006.
    Motion by: Ms. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Markey which provides whistleblower protections for any 
government, contractor, or private sector employee who is 
retaliated against for disclosing national or homeland security 
flaws to Congress, the Federal government, or their employer.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 58

    Date: May 17, 2005.
    Measure: H.R. 1817, Department of Homeland Security 
Authorization Act for Fiscal Year 2006.
    Motion by: Ms. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Barrow which directs DHS, in consultation with other relevant 
government agencies and in order to minimize duplication of 
effort, to promulgate regulations upgrading the security 
associated with transporting extremely hazardous materials. 
Specifies that the new security measures shall include: (a) 
physical security measures such as secondary containment, extra 
security guards and surveillance technologies; (b) pre-
notification of such shipments for local authorities; (c) 
better coordination and communication plans involving law 
enforcement, first responders, and the shipping industries; (d) 
better training for personnel working with these shipments, and 
(e) re-routing of shipments of extremely hazardous materials 
going through areas of concern only if there is a safer 
alternative route available. Provides whistleblower protections 
for those who are retaliated against for disclosing violations 
of security rules/regulations.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

PART A--SUMMARY OF AMENDMENT TO BE CONSIDERED AS THE ORIGINAL BILL FOR 
                        THE PURPOSE OF AMENDMENT

    Provides for nearly $7 billion in authorized appropriations 
for U.S. Customs and Border Protection, and makes other changes 
reflecting the provision of 500 additional Border Patrol agents 
through the recent Emergency War Supplemental. Deletes Section 
108 as reported (relating to immigration enforcement training 
or state and local law enforcement). Adds a new Section 108, 
authorizing appropriations for 300 additional Immigration and 
Customs Enforcement attorneys to handle removal and related 
proceedings, and 300 additional immigration benefit 
adjudicators. Deletes Section 201 as reported (relating to DHS 
Terrorism Prevention Plan and Budget Analysis). Modifies 
Section 216 to require DHS coordination of homeland security 
threat analyses disseminated to State and local governments and 
the private sector by other Federal agencies. Modifies Section 
222 to eliminate the establishment of a Homeland Security 
Information Requirements Board, and to, instead, require that 
the Joint Intelligence Community Council advise the Director of 
National Intelligence with respect to homeland security 
intelligence requirements. Modifies Section 312, creating an 
Assistant Secretary for Cybersecurity within the Department, to 
eliminate the specificity of certain statutory 
responsibilities. Deletes Section 313, which provided a 
definition of cybersecurity. Adds a new Section 314, requiring 
support for cybersecurity R&D. Modifies Sections 321 and 322, 
dealing with public transportation security, with respect to 
the respective roles and responsibilities of the Secretaries of 
Homeland Security and Transportation. Modifies Section 334, 
dealing with the protection of information, to specify the 
categories of protected information. Adds a new Title IV, 
entitled U.S. Customs and Border Protection (CBP) and U.S. 
Immigration and Customs Enforcement (ICE), containing four 
sections previously passed by the House as part of last year's 
CBP and ICE re-authorization bill. Makes additional 
clarifications, and technical and conforming changes, to 
various sections of the bill.

              PART B--SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Meek: Increases funding for the Department of Homeland 
Security's Office of Inspector General to $200 million. (10 
minutes)
    2. Cox/Sensenbrenner: Authorizes $40,000,000 to be 
appropriated for FY 2006 to reimburse States and localities for 
the costs associated with having State and local law 
enforcement trained and certified by DHS' Immigration and 
Customs Enforcement (ICE) to enforce Federal immigration laws. 
(20 minutes)
    3. Kennedy (RI): Intended to ensure that in replacing the 
color-coded terror alert system as required by the bill, that 
DHS draws on expertise in how to best communicate risk to the 
public, including expertise from a relevant Center for 
Excellence funded by the Department. (10 minutes)
    4. Bartonl/Dingell: Requires the Department of Homeland 
Security to coordinate its activities regarding protection of 
critical infrastructure with ``other relevant Federal 
agencies''. (10 minutes)
    5. Johnson (TX), E.B.: Authorizes not more that $5,000,000 
in grants for the National Medical Preparedness Consortium to 
standardize training, national health care policies, and 
standards of care for emergency medical professionals to 
prepare for mass casualties resulting from a terrorist event 
involving WMD. (10 minutes)
    6. Ehlers: Changes the ``30 minute rule'' that requires 
passengers on commercial flights into and out of Washington 
Reagan National Airport (DCA) to remain seated for 30 minutes 
by reducing that time to 15 minutes. Permits the Secretary of 
DHS to decrease the time even more. Also prohibits the pilot 
from diverting a flight from DCA for a violation of the seating 
rule unless he or she determines the actions to be a threat to 
the security of passengers or the aircraft. (10 minutes)
    7. DeFazio/Mica: Makes improvements to the Federal Flight 
Deck Officers (FFDO) Program including increasing access to 
initial and recurrent training for FFDO's by establishing 
qualification standards, exploring the possibility of alternate 
sites for training, and ensuring that the training be provided 
at no cost to the pilot. Also requires the Secretary to 
establish a secure means for TSA personnel to communicate with 
FFDO's in support of their mission, issue badges to FFDO's 
within 180 days, set up a process by which pilots can appeal a 
TSA decision to revoke a FFDO's status, establish a pilot 
program to allow FFDO's to carry their weapon, and encourage 
the President to pursue international agreements that will 
allow the use of FFDO's on international flights. (10 minutes)
    8. Cardin: Adds the Information Assurance Directorate of 
the National Security Agency (NSA) to the list of Federal 
agencies that the DHS Under Secretary for Science and 
Technology shall coordinate with on cybersecurity research and 
development activities. (10 minutes)
    9. Slaughter: Improves pre-clearance border crossing 
programs, including NEXUS, FAST, and SENTRI. Authorizes the 
creation of four U.S. enrollment centers and customer service 
number, merges the requirements of the NEXUS air and land 
cards. (10 minutes)
    10. Souder: Makes the Customs and Border Protection's 
Office of Air and Marine Operations the lead DHS agency to 
conduct airspace security around the Nation's Capitol and for 
special events of national significance. Also calls for a 
report within 90 days from DHS that identifies the facility, 
asset, and personnel requirements to fulfill the airspace 
security mission. (10 minutes)
    11. Wamp: Permits Department of Energy laboratories to team 
up with a university or consortium of universities when 
competing for Department of Homeland Security's Centers for 
Excellence. (10 minutes)
    12. Menendez: Requires the Secretary of DHS to report to 
Congress on how to coordinate and protect the various 
infrastructure in the area between Port Elizabeth and Newark 
International Airport, New Jersey. (10 minutes)
    13. Hooley: Prohibits any of the money in the DHS 
authorization bill to come from an increase in airline ticket 
taxes. (10 minutes)
    14. Cardin: Requires DHS to conduct a study of the 
feasibility and desirability of expanding the ``National 
Capitol Region'' (NCR) area beyond its existing boundaries, 
which were set in 1952. DHS would study whether an expanded NCR 
would promote coordination between State, regional, and local 
government and the ability of the Federal, State, and local 
governments to prevent and respond to a terrorist attack within 
the NCR. (10 minutes)
    15. Slaughter: Requires the Secretary of DHS to report to 
Congress within 6 months of the enactment of the bill on its 
efforts to (1) reduce the imitation of badges, identification, 
uniforms, or other insignia used by any officer of DHS; (2) 
improve the design of the various forms of DHS identification 
to prevent illegal replication; (3) increase public awareness 
of imitation forms of Homeland Security identification; (4) 
teach the public to identify authentic Homeland Security 
identification; (5) assess the effectiveness of their efforts; 
and (6) recommend any legislation or administrative actions 
necessary to achieve their objectives. (10 minutes)
    16. Kennedy (MN): Requires the Secretary to carry out an 
Advanced Technology Northern Border Security Pilot Program 
authorized in the National Intelligence Reform Act of 2004. 
Also requires the Secretary to carry out a study on border 
surveillance of the northern border of the United States by 
remotely piloted vehicles. (10 minutes)
    17. Jackson-Lee/Conyers: Instructs GAO to conduct a study 
examining the impact of an increase in Temporary Protected 
Status (TPS) application fees on the nationals of countries for 
which TPS is available and the differential in cost between the 
current statutory fee and the cost-based fee proposed by 
Customs and Immigration Services. Instructs GAO to conduct a 
study on the premium processing fee system and its possible 
application to individuals and their families. (10 minutes)
    18. Norwood: Clarifies the existing authority of State and 
local enforcement personnel to apprehend, detain, remove, and 
transport illegal aliens in the routine course of duty. Also 
requires DHS to establish a training manual on this matter and 
set forth simple guidelines for making that training available. 
(20 minutes).
    19. Baca: Requires the Secretary of DHS to fulfill the 
agency's reporting obligations under Section 461 of the 
Homeland Security Act of 2002. Section 461 requires the agency 
to report to Congress in 1 year, in consultation with a 
Technology Advisory Committee, on the feasibility of 
establishing an on-line filing and processing system for 
immigration applications. (10 minutes)
    20. Jackson-Lee: Calls for the Secretary of Homeland 
Security to submit a report to Congress on: the number and 
types of border violence activities that have occurred; the 
types of activities involved; a description of the categories 
of victims that exist; and a description of the steps that DHS 
is taking and any plan that the Department had formulated to 
prevent these activities. (10 minutes)
    21. Manzullo: Strengthens the ``Buy American Act'' and 
restores the original intent that more than 50% of the 
components in end products purchased by DHS shall be mined, 
produced, or manufactured inside the United States. (10 
minutes)
    22. Putnam: Allows FEMA reimbursements for funeral expenses 
only if the death was determined by a medical examiner to be 
caused by a natural disaster. (10 minutes)
    23. Souder: Extends the current authorization of 
appropriations for the Office of Counternarcotics Enforcement 
at DHS to fiscal year 2006. (10 minutes)
    24. Thompson (MS): Amendment in the nature of a substitute. 
Authorizes $6.9 billion over H.R. 1817 in homeland security 
funding. Also includes a number of policy proposals to close 
security gaps and to restructure DHS. (40 minutes)

PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS THE ORIGINAL BILL FOR THE 
                          PURPOSE OF AMENDMENT

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.
Sec. 102. Customs and border protection; border patrol agents.
Sec. 103. Departmental management and operations.
Sec. 104. Critical infrastructure grants.
Sec. 105. Research and development.
Sec. 106. Border and transportation security.
Sec. 107. State and local terrorism preparedness.
Sec. 108. Immigration resources.

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

                    Subtitle A--Terrorism Prevention

Sec. 201. 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. Coordination of homeland security threat analysis provided to 
          non-Federal officials.
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 Information Requirements.
Sec. 223. Homeland Security Advisory System.
Sec. 224. Use of open-source information.
Sec. 225. Full and efficient use of open-source information.
Sec. 226. Coordination with the intelligence community.
Sec. 227. Consistency with applicable Federal laws.

             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 training programs and equipment.
Sec. 314. Cybersecurity research and development.

          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--U.S. CUSTOMS AND BORDER PROTECTION AND U.S. IMMIGRATION AND 
                           CUSTOMS ENFORCEMENT

Sec. 401. Establishment and implementation of cost accounting system; 
          reports.
Sec. 402. Report relating to One Face at the Border Initiative.
Sec. 403. Customs services.
Sec. 404. Sense of Congress on interpretation of textile and apparel 
          provisions.

                         TITLE V--MISCELLANEOUS

Sec. 501. Border security and enforcement coordination and operations.
Sec. 502. GAO report to Congress.
Sec. 503. Plan to reduce wait times.
Sec. 504. Denial of transportation security card.
Sec. 505. Transfer of existing Customs Patrol Officers unit and 
          establishment of new CPO units in the Bureau of Immigration 
          and Customs Enforcement.
Sec. 506. Data collection on use of immigration consultants.
Sec. 507. Office for State and local government coordination.
Sec. 508. Authority of other Federal agencies unaffected.

                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. CUSTOMS AND BORDER PROTECTION; BORDER PATROL AGENTS.

  Of the amount authorized under section 101, there is 
authorized to be appropriated for U.S. Customs and Border 
Protection for fiscal year 2006, $6,926,424,722, of which 
$1,839,075,277 is authorized for border security and control 
between ports of entry, including for the hiring of 2,000 full-
time active-duty border patrol agents above the number of such 
positions for which funds were allotted for fiscal year 2005 
(excluding any supplemental appropriations).

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, $649,672,000, 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, $465,000,000.

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) $195,014,000 to support a nuclear detection 
        office and related activities;
          (3) $19,000,000 for cybersecurity-related research 
        and development activities;
          (4) $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
          (5) $10,600,000 for the activities of such 
        directorate conducted pursuant to subtitle G of title 
        VIII of the Homeland Security Act of 2002 (6 U.S.C. 441 
        et seq.).

SEC. 106. BORDER AND TRANSPORTATION SECURITY.

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

SEC. 107. STATE AND LOCAL TERRORISM PREPAREDNESS.

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

SEC. 108. IMMIGRATION RESOURCES.

  Of the amount authorized under section 101, there is 
authorized to be appropriated for fiscal year 2006 the 
following:
          (1) For the Immigration and Customs Enforcement Legal 
        Program, $159,514,000, including for the hiring of an 
        additional 300 attorneys above the number of such 
        positions for which funds were allotted for fiscal year 
        2005, and related training and support costs.
          (2) Sufficient sums for the hiring of an additional 
        300 adjudicators above the number of such positions for 
        which funds were allotted for fiscal year 2005 to carry 
        out the functions stated in section 451(b) of the 
        Homeland Security Act of 2002 (6 U.S.C. 271(b)), and 
        related training and support costs. The fees provided 
        for in section 286(m) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(m)) shall be adjusted in 
        order to provide sufficient sums for the hiring of the 
        additional adjudicators and for the related training 
        and support costs provided for in this paragraph.

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

                    Subtitle A--Terrorism Prevention

SEC. 201. CONSOLIDATED BACKGROUND CHECK PROCESS.

  (a) Requirement.--The Secretary of Homeland Security, in 
consultation with the Attorney General, shall establish a 
single process for conducting the security screening and 
background checks on individuals participating in any of the 
programs identified under subsection (b).
  (b) Included Programs.--The process established under 
subsection (a) shall apply to the following programs:
          (1) The Transportation Worker Identification 
        Credential.
          (2) The security risk determination and related 
        background checks under section 5103a of title 49, 
        United States Code, performed by the Transportation 
        Security Administration as part of the Department of 
        Transportation Hazardous Materials Endorsement 
        credentialing program.
          (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.
  (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 or other credential 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 subsection (b).
          (4) Appropriate 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 appropriate congressional 
        committees (as defined in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101)) 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) Inclusion of Other Programs.--The Secretary of Homeland 
Security shall review other existing or developing Department 
of Homeland Security programs that include security screening 
or background checks for participating individuals, and report 
to the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
any recommendations for inclusion of such additional programs 
in the consolidated screening process established under this 
section.
  (f) Relationship to Other Laws.--(1) Nothing in this section 
affects any statutory or regulatory requirement relating to the 
operation or standards 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 private 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, 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 within the Department 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 assign to the Assistant Secretary 
                for Cybersecurity the primary authority within 
                the Department over the National Cyber Security 
                Division and the National Communications 
                System, and, in coordination with other 
                relevant Federal agencies, the cybersecurity-
                related aspects of paragraphs (2), (3), (5), 
                (6), (15), and (17) of subsection (d);
                  ``(D) 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), and (17) of subsection 
                (d); and
                  ``(E) may assign to each such Assistant 
                Secretary such other duties relating to such 
                responsibilities as the Under Secretary may 
                provide.''.

SEC. 216. COORDINATION OF HOMELAND SECURITY THREAT ANALYSIS PROVIDED TO 
                    NON-FEDERAL OFFICIALS.

  (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. COORDINATION OF HOMELAND SECURITY THREAT ANALYSIS PROVIDED 
                    TO NON-FEDERAL OFFICIALS.

  ``(a) Primary Authority.--Except as provided in subsection 
(b), the Secretary shall be responsible for coordinating all 
homeland security threat analysis to be provided to State and 
local government and tribal officials and the private sector.
  ``(b) Coordination Required.--No Federal official may 
disseminate any homeland security threat analysis to State, 
local, tribal, or private sector officials without the 
coordination of the Secretary or the Secretary's designee 
except--
          ``(1) in exigent circumstances under which it is 
        essential that the homeland security threat analysis be 
        communicated immediately; or
          ``(2) when such homeland security threat analysis is 
        issued to State, local, or tribal law enforcement 
        officials for the purpose of assisting them in any 
        aspect of the administration of criminal justice.
  ``(c) Definition.--(1) As used in this section, the term 
`homeland security threat analysis' means any informational 
product that is the result of evaluating information, 
regardless of its source, in order to--
          ``(A) identify and assess the nature and scope of 
        terrorist threats to the homeland;
          ``(B) detect and identify threats of terrorism 
        against the United States; and
          ``(C) understand such threats in light of actual and 
        potential vulnerabilities of the territory of the 
        United States.
  ``(2) As defined in paragraph (1), the term `homeland 
security threat analysis' does not include--
          ``(A) any information that has not been processed, 
        evaluated, or analyzed;
          ``(B) any information that is evaluated to create any 
        finished analytic product;
          ``(C) facts or summaries of facts;
          ``(D) reports of interviews; or
          ``(E) reports or other documents that merely 
        aggregate or summarize information derived from 
        multiple sources on the same or related topics.''.
  (b) Clerical Ammendment.--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. Coordination of homeland security threat analysis provided 
          to non-Federal officials.''.

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, provide to the individual a 
stipend to cover the individual's reasonable living expenses 
during the period of the fellowship.''.
  (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 issued by 
        the Secretary of Homeland Security, with the 
        concurrence of the Director of National Intelligence, 
        but may not exceed 50 percent of the annual rate of 
        basic pay of the position involved. The Director of 
        National Intelligence shall concur in such regulations 
        only if the amount of the bonus is not disproportionate 
        to recruitment bonuses offered to intelligence analysts 
        in other intelligence community agencies.
          ``(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 INFORMATION REQUIREMENTS.

  (a) Homeland Security Information Requirements.--The Joint 
Intelligence Community Council shall advise the Director of 
National Intelligence with respect to homeland security 
intelligence requirements.
  (b) Designation of Members.--The President may designate 
officers of the United States Government in addition to the 
members named in or designated under section 101A(b) of the 
National Security Act to serve on the Joint Intelligence 
Community Council in a capacity limited to consideration of 
homeland security intelligence requirements.
  (c) Participation in National Intelligence Collection 
Requirements and Management Processes.--The Secretary shall be 
a member of any Director of National Intelligence-established 
interagency collection and requirements management board that 
develops and reviews national intelligence collection 
requirements in response to Presidential intelligence 
guidelines.

SEC. 223. HOMELAND SECURITY ADVISORY SYSTEM.

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

``SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.

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

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

SEC. 224. USE OF OPEN-SOURCE INFORMATION.

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

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

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

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

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

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

SEC. 226. COORDINATION WITH THE INTELLIGENCE COMMUNITY.

  Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 
121) is amended by adding at the end the following:
  ``(h) Coordination With the Intelligence Community.--The 
Under Secretary shall ensure that, as to the responsibilities 
specified in subsection (d), the Assistant Secretary for 
Information Analysis serves as the official responsible for 
coordinating, as appropriate, with elements of the intelligence 
community.''.

SEC. 227. CONSISTENCY WITH APPLICABLE FEDERAL LAWS.

  Unless otherwise expressly stated in this subtitle, the 
Secretary of Homeland Security shall ensure that all activities 
carried out under this subtitle are consistent with any 
applicable Federal laws relating to information policy of 
Federal agencies.

            TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION

                Subtitle A--Preparedness and Protection

SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.

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

             ``Subtitle J--Terrorism Preparedness Exercises

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

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

             ``Subtitle J--Terrorism Preparedness Exercises

``Sec. 899a. National terrorism exercise program.''.
  (c) TOPOFF Prevention Exercise.--No later than one year after 
the date of enactment of this Act, the Secretary of Homeland 
Security shall design and carry out a national terrorism 
prevention exercise for the purposes of--
          (1) involving top officials from Federal, State, 
        territorial, local, tribal, and international 
        governments as the Secretary considers appropriate; and
          (2) testing and evaluating, in coordination with the 
        Attorney General, 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 
        (e); and
          (3) by inserting after subsection (b) the following 
        new subsections:
  ``(c) Elements of the Technology Transfer Program.--The 
activities of the program described in subsection (b)(6) shall 
include--
          ``(1) identifying available technologies that have 
        been, or are in the process of being, developed, 
        tested, evaluated, or demonstrated by the Department, 
        other Federal agencies, the private sector, or foreign 
        governments and international organizations, and 
        reviewing whether such technologies 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; and
          ``(2) communicating 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) Responsibilties of Under Secretary for Science and 
Technology.--In support of the activities described in 
subsection (c), the Under Secretary for Science and Technology 
shall--
          ``(1) conduct or support, based on the Department's 
        current risk assessments of terrorist threats, 
        research, development, demonstrations, tests, and 
        evaluations, as appropriate, of technologies identified 
        under subparagraph (c)(1), including of any necessary 
        modifications to such technologies for antiterrorism 
        use;
          ``(2) ensure that the technology transfer activities 
        throughout the Directorate of Science and Technology 
        are coordinated, including the technology transfer 
        aspects of projects and grants awarded to the private 
        sector and academia;
          ``(3) consult with the other Under Secretaries of the 
        Department and the Director of the Office for Domestic 
        Preparedness, on an ongoing basis;
          ``(4) consult with Federal, State, and local 
        emergency response providers;
          ``(5) consult with government agencies and standards 
        development organizations as appropriate;
          ``(6) 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;
          ``(7) 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
          ``(8) 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 of Excellence for Border Security 
following the merit-review processes and procedures and other 
limitations that have been established for selecting and 
supporting 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. The activities should include 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) Designation of New Foreign Seaports.--The Secretary of 
Homeland Security may designate a foreign seaport as a 
participating seaport in the Container Security Initiative 
program on or after the date of the enactment of this Act if 
the Secretary--
          (1) determines, based on a foreign port assessment 
        carried out under section 70108(a) of title 46, United 
        States Code, or such other risk assessment that the 
        Secretary may perform, and a cost-benefit analysis, 
        that the benefits of designating such seaport as a 
        participating seaport outweigh the cost of expanding 
        the program to such seaport; and
          (2) enters into an agreement with the foreign 
        government of such seaport, in consultation with the 
        Department of State and other appropriate Federal 
        agencies to--
                  (A) establish security criteria to identify 
                the potential compromise by terrorists or 
                terrorist weapons of maritime cargo containers 
                bound for the United States based on advance 
                information; and
                  (B) screen or inspect such maritime cargo 
                containers for potential compromise by 
                terrorists or terrorist weapons prior to 
                shipment to the United States.
  (b) Deployment of Inspection Equipment to New Csi 
Participating Seaports.--
          (1) Deployment.--The Secretary may--
                  (A) loan or otherwise provide nonintrusive 
                inspection equipment for maritime cargo 
                containers, on a nonreimbursable basis, at a 
                seaport designated under subsection(a); and
                  (B) provide training for personnel at a 
                seaport designated under subsection (a) to 
                operate the nonintrusive inspection equipment.
          (2) Additional requirements.--
                  (A) Capability requirements and operating 
                procedures.--The Secretary shall establish 
                technical capability requirements and standard 
                operating procedures for nonintrusive 
                inspection equipment described in paragraph 
                (1), consistent with any standards established 
                by the Secretary under section 70116 of title 
                46 United States Code.
                  (B) Agreement required.--The Secretary shall 
                require each CSI port to agree to operate such 
                equipment in accordance with requirements and 
                procedures established under subparagraph (A) 
                as a condition for receiving the equipment and 
                training under paragraph (1).
  (c) Deployment of Personnel to New Csi Ports; Reevaluation of 
Personnel at All Csi Ports.--
          (1) Deployment.--The Secretary shall deploy United 
        States Customs and Border Protection personnel to each 
        seaport designated under subsection (a) 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 each seaport at which personnel are deployed 
        under paragraph (1) to assess whether or not continued 
        deployment of such personnel, in whole or in part, is 
        necessary to success fully 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 personnel deployed 
under subsection (c) and such personnel verify and 
electronically record that the inspection indicates that the 
containers have not been compromised by terrorists or terrorist 
weapons.

SEC. 306. SECURITY OF MARITIME CARGO CONTAINERS.

  (a) Standards and Regulations.--
          (1) Standards.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of 
        Homeland Security shall establish standards and 
        procedures for securing maritime cargo containers 
        relating to obligation to seal, recording of seal 
        changes, modal changes, seal placement, ocean carrier 
        seal verification, and addressing seal anomalies. These 
        standards shall include the standards for seals and 
        locks as required under paragraph (3) of subsection (b) 
        of section 70116 of title 46, United States Code.
          (2) Regulations.--No later than 90 days after 
        completion of the requirements in subsection (a), the 
        Secretary of Homeland Security shall issue regulations 
        for the security of maritime cargo containers 
        consistent with the standards developed in subsection 
        (a).
  (b) International Agreements.--The Secretary, in consultation 
with the Department of State, Department of Commerce, 
Department of Treasury, Office of the United States Trade 
Representative, and other appropriate Federal agencies, 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).
  (c) Container Targeting Strategy.--The Secretary shall 
develop a strategy to improve the ability of the Department of 
Homeland Security to use advance cargo information to identify 
anomalies in such information to determine whether such cargo 
poses a security risk. The strategy shall include a method of 
contacting shippers to verify or explain any anomalies 
discovered in such information.
  (d) Container Security Demonstration Program.--
          (1) Program.--The Secretary is authorized to 
        establish and carry out a demonstration program that 
        integrates radiation detection equipment with other 
        types of nonintrusive inspection equipment at an 
        appropriate United States seaport, as determined by the 
        Secretary.
          (2) Requirement.--The demonstration program shall 
        also evaluate ways to strengthen the capability of 
        Department of Homeland Security personnel to analyze 
        cargo inspection data and ways to improve the 
        transmission of inspection data between appropriate 
        entities within the Department of Homeland Security.
  (e) Coordination and Consolidation of Container Security 
Programs.--The Secretary shall coordinate all programs that 
enhance the security of maritime cargo, and, to the extent 
practicable, consolidate Operation Safe Commerce, the Smart Box 
Initiative, and similar programs that evaluate security 
enhancements for maritime cargo containers, to achieve enhanced 
coordination and efficiency. The Secretary shall report to the 
appropriate congressional committees (as that term is defined 
in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101) before consolidating any program mentioned in this 
subsection.

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

  Not later than 60 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 
appropriate congressional committees (as defined in section 2 
of the Homeland Security Act of 2002 (6 U.S.C. 101)) 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.

  Section 201(b) of the Homeland Security Act of 2002 (6 U.S.C. 
121(b)) is amended--
          (1) by redesignating paragraph (3) as paragraph (4); 
        and
          (2) by inserting after paragraph (2) the following 
        new paragraph:
          ``(3) Assistant secretary for cybersecurity.--There 
        shall be in the Department an Assistant Secretary for 
        Cybersecurity, who shall be appointed by the 
        President.''; and
          (3) in paragraph (4), as redesignated by subparagraph 
        (A) of this paragraph--
                  (A) by striking ``Analysis and the'' and 
                inserting ``Analysis, the''; and
                  (B) by striking ``Protection shall'' and 
                inserting ``Protection, and the Assistant 
                Secretary for Cybersecurity shall''.

SEC. 313. 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. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
et. seq.) is amended by adding at the end the following new 
section:

``SEC. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  ``(a) In General.--The Under Secretary for Science and 
Technology shall support research and development, including 
fundamental, long-term research, in cybersecurity to improve 
the ability of the United States to prevent, protect against, 
detect, respond to, and recover from cyber attacks, with 
emphasis on research and development relevant to large-scale, 
high-impact attacks.
  ``(b) Activities.--The research and development supported 
under subsection (a), shall include work to--
          ``(1) advance the development and accelerate the 
        deployment of more secure versions of fundamental 
        Internet protocols and architectures, including for the 
        domain name system and routing protocols;
          ``(2) improve and create technologies for detecting 
        attacks or intrusions, including monitoring 
        technologies;
          ``(3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of 
        attacks and development of resilient networks and 
        systems that degrade gracefully; and
          ``(4) develop and support infrastructure and tools to 
        support cybersecurity research and development efforts, 
        including modeling, testbeds, and data sets for 
        assessment of new cybersecurity technologies.
  ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate 
activities with--
          ``(1) the Assistant Secretary for Cybersecurity; and
          ``(2) other Federal agencies, including the National 
        Science Foundation, the Defense Advanced Research 
        Projects Agency, and the National Institute of 
        Standards and Technology, to identify unmet needs and 
        cooperatively support activities, as appropriate.
  ``(d) Nature of Research.--Activities under this section 
shall be carried out in accordance with section 306(a) of this 
Act.''.

         Subtitle C--Security of Public Transportation Systems

SEC. 321. SECURITY BEST PRACTICES.

  Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Homeland Security, in coordination 
with the Secretary of Transportation, shall issue a report 
containing best practices for the security of public 
transportation systems related to the threats from terrorism. 
Such report shall be developed in consultation with providers 
of public transportation, industry associations, public 
transportation employee representatives, first responders, and 
appropriate Federal, State, and local officials. The Secretary 
of Transportation shall disseminate the report to providers of 
public transportation, industry associations, public 
transportation employee representatives, and appropriate 
Federal, State, and local officials, the Committee on Homeland 
Security and the Committee on Transportation and Infrastructure 
of the House of Representatives, and any other appropriate 
entities.

SEC. 322. PUBLIC AWARENESS.

  Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Transportation, after consultation 
with the Secretary of Homeland Security, shall develop a 
national plan to increase awareness of measures that the 
general public, public transportation passengers, and public 
transportation employees can take to increase public 
transportation security related to the threat of terrorism. 
Such plan shall also provide outreach to providers and 
employees of public transportation systems on available 
transportation security technologies, ongoing research and 
development efforts, employee training, and available Federal 
funding sources to improve public transportation security. Not 
later than 9 months after the date of the enactment of this 
Act, the Secretary of Transportation shall disseminate the plan 
to providers of public transportation, industry associations, 
public transportation employee representatives, appropriate 
Federal, State, and local officials, and other appropriate 
entities.

           Subtitle D--Critical Infrastructure Prioritization

SEC. 331. CRITICAL INFRASTRUCTURE.

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

SEC. 332. SECURITY REVIEW.

  (a) Requirement.--Not later than 9 months after the date of 
the enactment of this Act, the Secretary of Homeland Security, 
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.
  (b) Contents of Plans.--The recommendations made under 
subsection (a)(2) shall include--
          (1) 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 of Homeland Security 
shall submit a report to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) 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.

  (a) Protection of Information.--The information set forth in 
subsection (b) that is generated, compiled, or disseminated by 
the Department of Homeland Security in carrying out this 
subtitle--
          (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.
  (b) Information Covered.--Information referred to in 
subsection (a) is the following:
          (1) The Secretary's prioritization of critical 
        infrastructure pursuant to section 331, including any 
        information upon which such prioritization was based;
          (2) the Secretary's review of existing security plans 
        for such infrastructure pursuant to section 332(a)(1).
          (3) The Secretary's recommendations for changes to 
        existing plans for securing such infrastructure 
        pursuant to section 332(a)(2).
          (4) The nature and scope of protective efforts with 
        respect to such infrastructure under section 332(a)(3).
          (5) The report and update prepared by the Secretary 
        pursuant to section 333, including any information upon 
        which such report and update are based.

 TITLE IV--U.S. CUSTOMS AND BORDER PROTECTION AND U.S. IMMIGRATION AND 
                          CUSTOMS ENFORCEMENT

SEC. 401. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
                    REPORTS.

  Section 334 of the Customs and Border Security Act of 2002 
(19 U.S.C. 2082 note) is amended to read as follows:

``SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
                    REPORTS.

  ``(a) Establishment and Implementation; Customs and Border 
Protection.--
          ``(1) In general.--Not later than September 30, 2006, 
        the Commissioner of U.S. Customs and Border Protection 
        shall, in accordance with the audit of the Customs 
        Service's fiscal years 2000 and 1999 financial 
        statements (as contained in the report of the Office of 
        Inspector General of the Department of the Treasury 
        issued on February 23, 2001), establish and implement a 
        cost accounting system--
                  ``(A) for expenses incurred in both 
                commercial and noncommercial operations of U.S. 
                Customs and Border Protection of the Department 
                of Homeland Security, which system should 
                specifically identify and distinguish expenses 
                incurred in commercial operations and expenses 
                incurred in noncommercial operations; and
                  ``(B) for expenses incurred both in 
                administering and enforcing the customs laws of 
                the United States and the Federal immigration 
                laws, which system should specifically identify 
                and distinguish expenses incurred in 
                administering and enforcing the customs laws of 
                the United States and the expenses incurred in 
                administering and enforcing the Federal 
                immigration laws.
          ``(2) Additional requirement.--The cost accounting 
        system described in paragraph (1) shall provide for an 
        identification of expenses based on the type of 
        operation, the port at which the operation took place, 
        the amount of time spent on the operation by personnel 
        of U.S. Customs and Border Protection, and an 
        identification of expenses based on any other 
        appropriate classification necessary to provide for an 
        accurate and complete accounting of expenses.
  ``(b) Establishment and Implementation; Immigration and 
Customs Enforcement.--
          ``(1) In general.--Not later than September 30, 2006, 
        the Assistant Secretary for U.S. Immigration and 
        Customs Enforcement shall, in accordance with the audit 
        of the Customs Service's fiscal years 2000 and 1999 
        financial statements (as contained in the report of the 
        Office of Inspector General of the Department of the 
        Treasury issued on February 23, 2001), establish and 
        implement a cost accounting system--
                  ``(A) for expenses incurred in both 
                commercial and noncommercial operations of U.S. 
                Immigration and Customs Enforcement of the 
                Department of Homeland Security, which system 
                should specifically identify and distinguish 
                expenses incurred in commercial operations and 
                expenses incurred in noncommercial operations;
                  ``(B) for expenses incurred both in 
                administering and enforcing the customs laws of 
                the United States and the Federal immigration 
                laws, which system should specifically identify 
                and distinguish expenses incurred in 
                administering and enforcing the customs laws of 
                the United States and the expenses incurred in 
                administering and enforcing the Federal 
                immigration laws.
          ``(2) Additional requirement.--The cost accounting 
        system described in paragraph (1) shall provide for an 
        identification of expenses based on the type of 
        operation, the amount of time spent on the operation by 
        personnel of U.S. Immigration and Customs Enforcement, 
        and an identification of expenses based on any other 
        appropriate classification necessary to provide for an 
        accurate and complete accounting of expenses.
  ``(c) Reports.--
          ``(1) Development of the cost accounting systems.--
        Beginning on the date of the enactment of the 
        Department of Homeland Security Authorization Act for 
        Fiscal Year 2006 and ending on the date on which the 
        cost accounting systems described in subsections (a) 
        and (b) are fully implemented, the Commissioner of U.S. 
        Customs and Border Protection and the Assistant 
        Secretary for U.S. Immigration and Customs Enforcement, 
        respectively, shall prepare and submit to Congress on a 
        quarterly basis a report on the progress of 
        implementing the cost accounting systems pursuant to 
        subsections (a) and (b).
          ``(2) Annual reports.--Beginning one year after the 
        date on which the cost accounting systems described in 
        subsections (a) and (b) are fully implemented, the 
        Commissioner of U.S. Customs and Border Protection and 
        the Assistant Secretary for U.S. Immigration and 
        Customs Enforcement, respectively, shall prepare and 
        submit to Congress on an annual basis a report 
        itemizing the expenses identified in subsections (a) 
        and (b).
          ``(3) Office of the inspector general.--Not later 
        than March 31, 2007, the Inspector General of the 
        Department of Homeland Security shall prepare and 
        submit to Congress a report analyzing the level of 
        compliance with this section and detailing any 
        additional steps that should be taken to improve 
        compliance with this section.''.

SEC. 402. REPORT RELATING TO ONE FACE AT THE BORDER INITIATIVE.

  Not later than September 30 of each of the calendar years 
2006 and 2007, the Commissioner of U.S. Customs and Border 
Protection of the Department of Homeland Security shall prepare 
and submit to Congress a report--
          (1) analyzing the effectiveness of the One Face at 
        the Border Initiative at enhancing security and 
        facilitating trade;
          (2) providing a breakdown of the number of personnel 
        of U.S. Customs and Border Protection that were 
        personnel of the United States Customs Service prior to 
        the establishment of the Department of Homeland 
        Security, that were personnel of the Immigration and 
        Naturalization Service prior to the establishment of 
        the Department of Homeland Security, and that were 
        hired after the establishment of the Department of 
        Homeland Security;
          (3) describing the training time provided to each 
        employee on an annual basis for the various training 
        components of the One Face at the Border Initiative; 
        and
          (4) outlining the steps taken by U.S. Customs and 
        Border Protection to ensure that expertise is retained 
        with respect to customs, immigration, and agriculture 
        inspection functions under the One Face at the Border 
        Initiative.

SEC. 403. CUSTOMS SERVICES.

  Section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended--
          (1) by striking ``(1) Notwithstanding section 451 of 
        the Tariff Act of 1930 (19 U.S.C. 1451) or any other 
        provision of law (other than paragraph (2)),'' and 
        inserting:
          ``(1) In general.--
                  ``(A) Scheduled flights.--Notwithstanding 
                section 451 of the Tariff Act of 1930 (19 
                U.S.C. 1451) or any other provision of law 
                (other than subparagraph (B) and paragraph 
                (2)),''; and
          (2) by adding at the end the following:
                  ``(B) Charter flights.--If a charter air 
                carrier (as defined in section 40102(13) of 
                title 49, United States Code) specifically 
                requests that customs border patrol services 
                for passengers and their baggage be provided 
                for a charter flight arriving after normal 
                operating hours at a customs border patrol 
                serviced airport and overtime funds for those 
                services are not available, the appropriate 
                customs border patrol officer may assign 
                sufficient customs employees (if available) to 
                perform any such services, which could lawfully 
                be performed during regular hours of operation, 
                and any overtime fees incurred in connection 
                with such service shall be paid by the charter 
                air carrier.''.

SEC. 404. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL 
                    PROVISIONS.

  It is the sense of Congress that U.S. Customs and Border 
Protection of the Department of Homeland Security should 
interpret, implement, and enforce the provisions of section 112 
of the African Growth and Opportunity Act (19 U.S.C. 3721), 
section 204 of the Andean Trade Preference Act (19 U.S.C. 
3203), and section 213 of the Caribbean Basin Economic Recovery 
Act (19 U.S.C. 2703), relating to preferential treatment of 
textile and apparel articles, broadly in order to expand trade 
by maximizing opportunities for imports of such articles from 
eligible beneficiary countries.

                         TITLE V--MISCELLANEOUS

SEC. 501. BORDER SECURITY AND ENFORCEMENT COORDINATION AND OPERATIONS.

  (a) Findings.--The Congress makes the following findings:
          (1) As part of the creation of the Department of 
        Homeland Security, 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.
          (2) 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.
          (3) 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.
          (4) This plan merged the customs and immigration 
        border inspection and patrol functions, along with 
        agricultural inspections functions, into a new entity 
        called United States Customs and Border Protection.
          (5) The plan also combined the customs and 
        immigration enforcement agents, as well as the Office 
        of Detention and Removal Operations, the Office of 
        Federal Protective Service, the Office of Federal Air 
        Marshal Service, and the Office of Intelligence, into 
        another new entity called United States Immigration and 
        Customs Enforcement.
          (6) 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.
          (7) United States Immigration and Customs Enforcement 
        has faced major budgetary challenges that are, in part, 
        attributable to the inexact division of resources upon 
        the separation of immigration functions. These budget 
        shortfalls have forced United States Immigration and 
        Customs Enforcement to impose hiring freezes and to 
        release aliens that otherwise should be detained.
  (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 appropriate 
        congressional committees (as defined in section 2 of 
        the Homeland Security Act of 2002 (6 U.S.C. 101)).
          (2) Contents of report.--The report shall include--
                  (A) a description of the rationale for, and 
                any benefits of, the current organizational 
                division of United States Immigration and 
                Customs Enforcement and United States Customs 
                and Border Protection, with respect to the 
                Department's immigration and customs missions;
                  (B) a description of the organization, 
                missions, operations, and policies of United 
                States Customs and Border Protection and United 
                States Immigration and Customs Enforcement, and 
                areas of unnecessary overlap or operational 
                gaps among and between these missions;
                  (C) 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 
                United States 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 United 
                States Custom and Border Protection and United 
                States 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. 502. GAO REPORT TO CONGRESS.

  (a) In General.-- Not later than 6 months after the date of 
the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) 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 as set forth in section 101(b)(1) 
        of the Homeland Security Act of 2002 (6 U.S.C. 
        111(b)(1)); and
          (2) recommendations to facilitate and improve the 
        organization and management of the Department to best 
        meet those missions.
  (b) Cybersecurity Assessment.--Not later than one year after 
the date of the enactment of this Act, the Comptroller General 
shall submit a report to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) that sets forth an assessment of 
the effectiveness of the efforts of the Assistant Secretary for 
Cybersecurity to fulfill the statutory responsibilities of that 
office.

SEC. 503. 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 passenger 
        processing times among airports that serve as 
        international gateways.

SEC. 504. 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 solely consider a felony conviction if--
          ``(A) that felony occurred more than 7 years prior to 
        the date of the Secretary's determination; and
          ``(B) the felony was not related to terrorism (as 
        that term is defined in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101)).''.

SEC. 505. TRANSFER OF EXISTING CUSTOMS PATROL OFFICERS UNIT AND 
                    ESTABLISHMENT OF NEW CPO UNITS IN THE BUREAU OF 
                    IMMIGRATION AND CUSTOMS ENFORCEMENT.

  (a) Transfer of Existing Unit.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall transfer to the Bureau of Immigration 
and Customs Enforcement all functions (including the personnel, 
assets, and obligations held by or available in connection with 
such functions) of the Customs Patrol Officers unit of the 
Bureau of Customs and Border Protection operating on the Tohono 
O'odham Indian reservation (commonly known as the `Shadow 
Wolves' unit).
  (b) Establishment of New Units.--The Secretary is authorized 
to establish within the Bureau of Immigration and Customs 
Enforcement additional units of Customs Patrol Officers in 
accordance with this section.
  (c) Duties.--The Customs Patrol Officer unit transferred 
pursuant to subsection (a) and the additional units established 
pursuant to subsection (b) shall be responsible for the 
prevention of the smuggling of narcotics, weapons of mass 
destruction, and other contraband, and the illegal trafficking 
of persons, on Indian lands.
  (d) Basic Pay for Journeyman Officers.--A Customs Patrol 
Officer in a unit described in this section shall receive 
equivalent pay as a special agent with similar competencies 
within the Bureau of Immigration and Customs Enforcement 
pursuant to the Department of Homeland Security's human 
resources management system established under section 841 of 
the Homeland Security Act (6 U.S.C. 411).
  (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. 506. 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.

SEC. 507. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

  The Homeland Security Act of 2002 is amended----
          (1) in section 801--
                  (A) in the section heading, by striking 
                ``STATE AND LOCAL'' and inserting ``STATE, 
                LOCAL, AND TRIBAL'';
                  (B) in subsection (a), by striking ``State 
                and Local'' and inserting ``State, Local, and 
                Tribal''; and
                  (C) in subsection (b), by striking ``State 
                and local'' each place it appears and inserting 
                ``State, local, and tribal''; and
          (2) in section 1(b) in the table of contents by 
        striking the item relating to section 801 and inserting 
        the following:

``Sec. 801. Office for State, Local, and Tribal Government 
          Coordination.''.

SEC. 508. AUTHORITY OF OTHER FEDERAL AGENCIES UNAFFECTED.

  Except to the extent explicitly provided in section 216, 
nothing in this Act shall affect the authority under statute, 
regulation, or Executive order of other Federal agencies than 
the Department of Homeland Security.
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER


1. An Amendment To Be Offered by Representative Meek of Florida, or His 
                Designee, To Be Debatable for 10 Minutes

  Page 7, after line 6, insert the following new section:

SEC. 109. AUTHORIZATION FOR OFFICE OF INSPECTOR GENERAL.

  Of the amount authorized under section 101, there is 
authorized to be appropriated for the Office of the Inspector 
General of the Department of Homeland Security for fiscal year 
2006, $200,000,000.
                              ----------                              


 2. An Amendment To Be Offered by Representative Cox of California, or 
              His Designee, To Be Debatable for 20 Minutes

    Page 7, after line 6, insert the following (and amend the 
table of contents accordingly):

SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING OF STATE AND 
                    LOCAL PERSONNEL PERFORMING IMMIGRATION FUNCTIONS.

    (a) In General.--To carry out subsection (b), from amounts 
authorized under section 101, there are authorized to be 
appropriated $40,000,000 for fiscal year 2006, to remain 
available until September 30, 2007.
    (b) Use of Funds.--From amounts made available under 
subsection (a), the Secretary of Homeland Security may 
reimburse a State or political subdivision for the expenses 
described in subsection (d).
    (c) Eligible Recipients.--A State, or a political 
subdivision of a State, is eligible for reimbursement under 
subsection (b) if the State or political subdivision--
            (1) has entered into a written agreement described 
        in section 287(g) of the Immigration and Nationality 
        Act (8 U.S.C. 1357(g)) under which certain officers or 
        employees of the State or subdivision may be authorized 
        to perform certain functions of an immigration officer; 
        and
            (2) desires such officers or employees to receive 
        training from the Department of Homeland Security in 
        relation to such functions.
    (d) Expenses.--The expenses described in this subsection 
are actual and necessary expenses incurred by the State or 
political subdivision in order to permit the training described 
in subsection (c)(2) to take place, including expenses such as 
the following:
            (1) Costs of travel and transportation to locations 
        where training is provided, including mileage and 
        related allowances for the use of a privately owned 
        automobile.
            (2) Subsistence consisting of lodging, meals, and 
        other necessary expenses for the personal sustenance 
        and comfort of a person required to travel away from 
        the person's regular post of duty in order to 
        participate in the training.
            (3) A per diem allowance paid instead of actual 
        expenses for subsistence and fees or tips to porters 
        and stewards.
            (4) Costs of securing temporary replacements for 
        personnel traveling to, and participating in, the 
        training.
                              ----------                              


   3. An Amendment To Be Offered by Representative Kennedy of Rhode 
        Island, or His Designee, To Be Debatable for 10 Minutes

    At the end of the matter proposed to be added as section 
205 of the Homeland Security Act of 2002 by section 223(a)(2) 
of the bill strike the closing quotation marks and the final 
period and insert the following:
    ``(c) Consultation.--In carrying out this section, the 
Under Secretary shall consult with the Homeland Security Center 
of Excellence for Behavioral and Social Research on Terrorism 
and Counter-Terrorism and with such other academic research 
centers with expertise in risk communications as the Under 
Secretary considers appropriate.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Barton of Texas, or His 
                Designee, To Be Debatable for 10 Minutes

    In section 302(c), strike ``the Congress'' and insert ``the 
appropriate congressional committees''
    In section 331, strike subsection (b) and insert the 
following:
    (b) Coordination and Cooperation.--
            (1) Coordination.--The Secretary shall coordinate 
        the prioritization under this section with other 
        relevant Federal agencies.
            (2) Cooperation.--Such prioritization shall be 
        developed in cooperation with other relevant State, 
        local, and tribal governments, and the private sector, 
        as appropriate.
    In section 332, strike subsection (a) and insert the 
following:
    (a) Requirement.--Not later than 9 months after the date of 
the enactment of this Act, the Secretary of Homeland Security 
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.
    At the end of section 332, add the following new 
subsection:
    (c) Coordination.--The Secretary shall coordinate the 
security review and recommendations required by subsection (a) 
with other relevant Federal agencies.
                              ----------                              


5. An Amendment To Be Offered by Representative E.B. Johnson of Texas, 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 50, after line 17, insert the following:

SEC. 310. NATIONAL MEDICAL PREPAREDNESS CONSORTIUM.

  (a) In General.--The Secretary of Homeland Security shall 
make grants for the National Medical Preparedness Consortium to 
train emergency medical professionals to prepare for the mass 
casualties that would be caused by a terrorist event involving 
weapons of mass destruction.
  (b) Description of Consortium.--The Consortium referred to in 
subsection (a) is a consortium of institutions that--
          (1) have existing facilities and experience in 
        emergency medical training;
          (2) have worked together for over 10 years on 
        disaster medical training and mass casualty management;
          (3) in 2004, established a national standard, known 
        as the National Disaster Life Support curricula, for 
        the medical treatment of mass casualties from terrorist 
        events involving weapons of mass destruction; and
          (4) have worked to implement throughout the United 
        States training programs for medical professionals that 
        use such standard.
  (c) Authorization of Appropriations.--For the purpose of 
making grants under subsection (a), there is authorized to be 
appropriated $5,000,000 for fiscal year 2006.
                              ----------                              


6. An Amendment To Be Offered by Representative Ehlers of Michigan, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of subtitle A of title III, add the following (and 
conform the table of contents accordingly):

SEC. 310. COMMERCIAL FLIGHTS TO AND FROM RONALD REAGAN WASHINGTON 
                    NATIONAL AIRPORT.

  (a) Passenger Seating Requirements.--Passengers on commercial 
flights arriving at and departing from Ronald Reagan Washington 
National Airport shall remain seated for 15 minutes after 
takeoff from and before touchdown at that airport.
  (b) Violations.--If a passenger violates the requirements of 
subsection (a), the captain of the aircraft shall determine if 
the passenger's actions present a security threat to other 
passengers or the aircraft. Only if the captain determines that 
the passenger's actions present such a threat shall a flight be 
diverted to a destination other than Ronald Reagan Washington 
National Airport.
  (c) Regulations.--Notwithstanding subsection (a), the 
Secretary of Homeland Security may issue regulations to 
decrease the time limit set forth in subsection (a).
                              ----------                              


 7. An Amendment To Be Offered by Representative DeFazio of Oregon, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of subtitle A of title III, add the following (and 
conform the table of contents accordingly):

SEC. 310. FEDERAL FLIGHT DECK OFFICERS.

  (a) Training and Requalification Training.--Section 44921(c) 
of title 49, United States Code, is amended by adding at the 
end the following:
          ``(3) Location of training.--
                  ``(A) Study.--The Secretary shall conduct a 
                study of the feasibility of conducting Federal 
                flight deck officer initial training at 
                facilities located throughout the United 
                States, including an analysis of any associated 
                programmatic impacts to the Federal flight deck 
                officer program.
                  ``(B) Report.--Not later than 180 days after 
                the date of enactment of this paragraph, the 
                Secretary shall transmit to Congress a report 
                on the results of the study.
          ``(4) Dates of training.--The Secretary shall ensure 
        that a pilot who is eligible to receive Federal flight 
        deck officer training is offered, to the maximum extent 
        practicable, a choice of training dates and is provided 
        at least 30 days advance notice of the dates.
          ``(5) Travel to training facilities.--The Secretary 
        shall establish a program to improve travel access to 
        Federal flight deck officer training facilities through 
        the use of charter flights or improved scheduled air 
        carrier service.
          ``(6) Requalification and recurrent training.--
                  ``(A) Standards.--The Secretary shall 
                establish qualification standards for 
                facilities where Federal flight deck officers 
                can receive requalification and recurrent 
                training.
                  ``(B) Locations.--The Secretary shall provide 
                for requalification and recurrent training at 
                geographically diverse facilities, including 
                Federal, State, and local law enforcement and 
                government facilities, and private training 
                facilities that meet the qualification 
                standards established under subparagraph (A).
          ``(7) Costs of training.--
                  ``(A) In general.--The Secretary shall 
                provide Federal flight deck officer training, 
                requalification training, and recurrent 
                training to eligible pilots at no cost to the 
                pilots or the air carriers that employ the 
                pilots.
                  ``(B) Transportation and expenses.--The 
                Secretary may provide travel expenses to a 
                pilot receiving Federal flight deck officer 
                training, requalification training, or 
                recurrent training.
          ``(8) Communications.--Not later than 180 days after 
        the date of enactment of this paragraph, the Secretary 
        shall establish a secure means for personnel of the 
        Transportation Security Administration to communicate 
        with Federal flight deck officers, and for Federal 
        flight deck officers to communicate with each other, in 
        support of the mission of such officers. Such means of 
        communication may include a secure Internet website.
          ``(9) Issuance of badges.--Not later than 180 days 
        after the date of enactment of this paragraph, the 
        Secretary shall issue badges to Federal flight deck 
        officers.''.
  (b) Revocation of Deputization of Pilot as Federal Flight 
Deck Officer.--Section 44921(d)(4) of title 49, United States 
Code, is amended to read as follows:
          ``(4) Revocation.--
                  ``(A) Orders.--The Assistant Secretary of 
                Homeland Security (Transportation Security 
                Administration) may issue, for good cause, an 
                order revoking the deputization of a Federal 
                flight deck officer under this section. The 
                order shall include the specific reasons for 
                the revocation.
                  ``(B) Hearings.--An individual who is 
                adversely affected by an order of the Assistant 
                Secretary under subparagraph (A) is entitled to 
                a hearing on the record. When conducting a 
                hearing under this section, the administrative 
                law judge shall not be bound by findings of 
                fact or interpretations of laws and regulations 
                of the Assistant Secretary.
                  ``(C) Appeals.--An appeal from a decision of 
                an administrative law judge as a result of a 
                hearing under subparagraph (B) shall be made to 
                the Secretary or the Secretary's designee.
                  ``(D) Judicial review of a final order.--The 
                determination and order of the Secretary 
                revoking the deputization of a Federal flight 
                deck officer under this section shall be final 
                and conclusive unless the individual against 
                whom such an order is issued files an 
                application for judicial review under 
                subchapter II of chapter 5 of title 5 
                (popularly known as the Administrative 
                Procedure Act) within 60 days of entry of such 
                order in the appropriate United States court of 
                appeals.''.
  (c) Federal Flight Deck Officer Firearm Carriage Pilot 
Program.--Section 44921(f) of title 49, United States Code, is 
amended by adding at the end the following:
          ``(4) Pilot program.--
                  ``(A) In general.--Not later than 90 days 
                after the date of enactment of this paragraph, 
                the Secretary shall implement a pilot program 
                to allow pilots participating in the Federal 
                flight deck officer program to transport their 
                firearms on their persons. The Secretary may 
                prescribe any training, equipment, or 
                procedures that the Secretary determines 
                necessary to ensure safety and maximize weapon 
                retention.
                  ``(B) Review.--Not later than 1 year after 
                the date of initiation of the pilot program, 
                the Secretary shall conduct a review of the 
                safety record of the pilot program and transmit 
                a report on the results of the review to 
                Congress.
                  ``(C) Option.--If the Secretary as part of 
                the review under subparagraph (B) determines 
                that the safety level obtained under the pilot 
                program is comparable to the safety level 
                determined under existing methods of pilots 
                carrying firearms on aircraft, the Secretary 
                shall allow all pilots participating in the 
                Federal flight deck officer program the option 
                of carrying their firearm on their person 
                subject to such requirements as the Secretary 
                determines appropriate.''.
  (d) Federal Flight Deck Officers on International Flights.--
          (1) Agreements with foreign governments.--The 
        President is encouraged to pursue aggressively 
        agreements with foreign governments to allow maximum 
        deployment of Federal flight deck officers on 
        international flights.
          (2) Report.--Not later than 180 days after the date 
        of enactment of this Act, the President (or the 
        President's designee) shall submit to Congress a report 
        on the status of the President's efforts to allow 
        maximum deployment of Federal flight deck officers on 
        international flights.
  (e) References to Under Secretary.--Section 44921 of title 
49, United States Code, is amended--
          (1) in subsection (a) by striking ``Under Secretary 
        of Transportation for Security'' and inserting 
        ``Secretary of Homeland Security'';
          (2) by striking ``Under Secretary'' each place it 
        appears and inserting ``Secretary''; and
          (3) by striking ``Under Secretary's'' each place it 
        appears and inserting ``Secretary's''.
                              ----------                              


8. An Amendment To Be Offered by Representative Cardin of Maryland, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 55, line 15, after ``Research Projects Agency,'' insert 
the following: ``the Information Assurance Directorate of the 
National Security Agency,''.
                              ----------                              


9. An Amendment To Be Offered by Representative Slaughter of New York, 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 69, after line 13, insert the following (and amend the 
table of contents accordingly):

SEC. 405. IMPROVING SENTRI, FAST, AND NEXUS PRE-ENROLLMENT PROGRAMS.

  (a) Creation of Remote Enrollment Centers.--
          (1) In general.--The Secretary shall create a minimum 
        of 4 remote enrollment centers for the programs 
        described in paragraph (2). Such remote enrollment 
        centers shall be established away from the borders of 
        the United States and in population centers where there 
        is a demand for such a service.
          (2) Programs.--The programs described in paragraph 
        (1) are the following:
                  (A) The Free and Secure Trade, or ``FAST'', 
                program authorized under subpart B of title IV 
                of the Tariff Act of 1930 (19 U.S.C 1411 et 
                seq).
                  (B) The Secure Electronic Network for 
                Travelers Rapid Inspection, or ``SENTRI'', 
                program authorized under section 286(q) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1356(q)).
                  (C) The ``NEXUS'' program authorized under 
                section 286(q) of the Immigration and 
                Nationality Act (8 U.S.C. 1356(q)).
  (b) Customer Service Phone Number.--The Secretary shall 
create a customer service telephone number for the programs 
described in subsection (a)(2).
  (c) Merging Requirements of NEXUS Land and Air Cards.--The 
Secretary of Homeland Security shall merge the requirements of 
the land and air cards issued under the ``NEXUS'' program 
authorized under section 286(q) of the Immigration and 
Nationality Act (8 U.S.C. 1356(q)) into one uniform card that 
will work for land and air crossings.
                              ----------                              


10. An Amendment To Be Offered by Representative Souder of Indiana, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of title IV of the amendment, add the following 
(and conform the table of contents of the bill accordingly):

SEC. 405. LEAD AGENCY FOR CERTAIN AIRSPACE SECURITY.

  (a) Lead Agency for National Capital Region.--The Office of 
Air and Marine Operations of the Bureau of Customs and Border 
Protection of the Department of Homeland Security shall be the 
lead agency in the Department responsible for the planning and 
execution of the airspace security in the special use airspace 
that surrounds the National Capital region.
  (b) Lead Agency for Special Events of National 
Significance.--The Office of Air and Marine Operations shall be 
the lead agency in the Department responsible for the planning 
and execution of airspace security for those special events of 
national significance, as determined by the President, that 
require specialized security of the airspace surrounding the 
event.
  (c) Duties of Lead Agency.--As the lead agency in the 
Department of Homeland Security for airspace security for any 
airspace under this section, the Office of Air and Marine 
Operations shall take such actions as may be necessary to 
facilitate the coordination, within the Department and between 
the Department and the Departments of Transportation, Justice, 
and Defense and appropriate State and local government agencies 
that have jurisdiction over an area that is within the 
boundaries of such airspace, of airspace security activities 
for such airspace and of law enforcement responses to 
violations of such airspace security.
  (d) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prepare and submit to Congress a report that identifies the 
facility, asset, and personnel requirements necessary to carry 
out the airspace security responsibilities of the Office of Air 
and Marine Operations under this section.
                              ----------                              


11. An Amendment To Be Offered by Representative Wamp of Tennessee, or 
              His Designee, To Be Debatable for 10 Minutes

  In title V, add at the end the following new section:

SEC. 509. CENTERS OF EXCELLENCE.

  Section 308(b)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 188(b)(2)) is amended by adding at the end the following 
new subparagraph:
                  ``(F) A center under this paragraph may 
                include participation of a Department of Energy 
                laboratory, including in the preparation of a 
                proposal.''.
                              ----------                              


   12. An Amendment To Be Offered by Representative Menendez of New 
        Jersey, or His Designee, To Be Debatable for 10 Minutes

  At the end of title V add the following:

SEC. __. REPORT ON PROTECTING INFRASTRUCTURE IN THE AREA OF PORT 
                    ELIZABETH AND NEWARK INTERNATIONAL AIRPORT, NEW 
                    JERSEY.

  Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall submit a 
report to the Congress describing the measures necessary to 
coordinate and protect the various infrastructure in the area 
comprised of Port Elizabeth and Newark International Airport, 
New Jersey, and the area located generally between such 
facilities. The report shall include--
          (1) an identification of the resources required to 
        fully implement homeland security efforts for this 
        area;
          (2) an assessment of the progress made in 
        implementing homeland security efforts for this area; 
        and
          (3) recommendations of additional resources needed to 
        fully implement homeland security efforts for this 
        area.
                              ----------                              


 13. An Amendment To Be Offered by Representative Hooley of Oregon, or 
              Her Designee, To Be Debatable for 10 Minutes

  At the end of title V, insert the following:

SEC. 509. PROHIBITION AGAINST INCREASE IN SECURITY SERVICE FEES.

  None of the funds authorized under this Act may be derived 
from an increase in security service fees established under 
section 44940 of title 49, United States Code.
                              ----------                              


14. An Amendment To Be Offered by Representative Cardin of Maryland, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 78, insert after line 22 the following (and redesignate 
the succeeding provision and conform the table of contents 
accordingly):

SEC. 508. STUDY OF MODIFICATION OF AREA OF JURISDICTION OF OFFICE OF 
                    NATIONAL CAPITAL REGION COORDINATION.

  (a) Study.--The Secretary of Homeland Security, acting 
through the Director of the Office of National Capital Region 
Coordination, shall conduct a study of the feasibility and 
desirability of modifying the definition of ``National Capital 
Region'' applicable under section 882 of the Homeland Security 
Act of 2002 to update the geographic area under the 
jurisdiction of the Office of National Capital Region 
Coordination.
  (b) Factors.--In conducting the study under subsection (a), 
the Secretary shall analyze whether modifying the geographic 
area under the jurisdiction of the Office of National Capital 
Region Coordination will--
          (1) improve coordination among State and local 
        governments within the Region, including regional 
        governing bodies, and coordination of the efforts of 
        first responders; and
          (2) enhance the ability of such State and local 
        governments and the Federal Government to prevent and 
        respond to a terrorist attack within the Region.
  (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit a report to 
Congress on the study conducted under subsection (a), and shall 
include in the report such recommendations (including 
recommendations for legislation to amend section 882 of the 
Homeland Security Act of 2002) as the Secretary considers 
appropriate.
                              ----------                              


15. An Amendment To Be Offered by Representative Slaughter of New York, 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 79, after line 6, add the following:

SEC. 509. REPORT TO CONGRESS ON UNIFORM AND IDENTIFICATION SECURITY.

  (a) Definition.--For the purpose of this section, the term 
``forms of Homeland Security identification'' means any 
uniform, badge, identification card, or other apparel or 
insignia of the design prescribed by the Department of Homeland 
Security for use by any officer or employee of such Department.
  (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prepare and submit to Congress a report--
          (1) describing the efforts taken by the Department of 
        Homeland Security--
                  (A) to curtail the production of imitation 
                forms of Homeland Security identification, 
                including efforts to improve the design of the 
                various forms of Homeland Security 
                identification to prevent unauthorized 
                replication; and
                  (B) to increase public awareness of the 
                existence of imitation forms of Homeland 
                Security identification, and educate the public 
                about means by which to identify bona fide 
                forms of Homeland Security identification;
          (2) assessing the effectiveness of the efforts 
        described in paragraph (1); and
          (3) recommending any legislation or administrative 
        actions necessary to achieve the objectives described 
        in subparagraphs (A) and (B), respectively, of 
        paragraph (1).
                              ----------                              


16. An Amendment To Be Offered by Representative Kennedy of Minnesota, 
            or His Designee, To Be Debatable for 10 Minutes

  Page 79, after line 6, insert the following (and amend the 
table of contents accordingly):

SEC. 509. BORDER SURVEILLANCE.

  (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
submit to the President and the appropriate committees of 
Congress a comprehensive plan for the systematic surveillance 
of the northern border of the United States by remotely piloted 
aircraft.
  (b) Contents.--The plan submitted under subsection (a) shall 
include--
          (1) recommendations for establishing command and 
        control centers, operations sites, infrastructure, 
        maintenance, and procurement;
          (2) cost estimates for the implementation of the plan 
        and ongoing operations;
          (3) recommendations for the appropriate agent within 
        the Department of Homeland Security to be the executive 
        agency for remotely piloted aircraft operations;
          (4) the number of remotely piloted aircraft required 
        for the plan;
          (5) the types of missions the plan would undertake, 
        including--
                  (A) protecting the lives of people seeking 
                illegal entry into the United States;
                  (B) interdicting illegal movement of people, 
                weapons, and other contraband across the 
                border;
                  (C) providing investigative support to assist 
                in the dismantling of smuggling and criminal 
                networks along the border;
                  (D) using remotely piloted aircraft to serve 
                as platforms for the collection of intelligence 
                against smugglers and criminal networks along 
                the border; and
                  (E) further validating and testing of 
                remotely piloted aircraft for airspace security 
                missions;
          (6) the equipment necessary to carry out the plan; 
        and
          (7) a recommendation regarding whether to expand the 
        pilot program along the entire northern border.
  (c) Implementation.--The Secretary of Homeland Security shall 
implement the plan submitted under subsection (a) as a pilot 
program as soon as sufficient funds are appropriated and 
available for this purpose.

SEC. 510. ADVANCED TECHNOLOGY NORTHER BORDER SECURITY PILOT PROGRAM.

  Section 5101 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1712 note) is amended by 
striking ``The Secretary of Homeland Security may carry out'' 
and inserting ``To the extent funds are provided in advance in 
appropriations Acts, the Secretary of Homeland Security shall 
carry out''.
                              ----------                              


17. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 79, after line 6, insert the following (and amend the 
table of contents accordingly):

SEC. 509. GAO STUDY OF PROPOSALS TO INCREASE TEMPORARY PROTECTED STATUS 
                    REGISTRATION FEE.

  (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General shall 
complete a study of, and report to Congress on, the likely 
consequences of increasing the fee described in section 
244(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1254(a)(c)(1)(B)).
  (b) Elements of Study.--The study described in subsection (a) 
shall--
          (1) calculate the number of applicants for relief 
        under section 244 of the Immigration and Nationality 
        Act (8 U.S.C. 1254(a)) who have sought a waiver, been 
        granted a waiver, or been denied a waiver from such 
        fees due to their inability to pay such fees, since the 
        enactment of such section;
          (2) project the cost at which such fee would be set 
        if it were calculated consistent with the manner in 
        which the Department of Homeland Security calculates 
        fees under section 286(m) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(m));
          (3) taking into account the countries of nationality 
        of the current population of beneficiaries of section 
        244 and the lack of work authorization that such 
        beneficiaries have while awaiting the outcome of an 
        adjudication, assess the ability of the current 
        population of beneficiaries under section 244 to pay 
        such fee if it were increased to the level projected 
        pursuant to paragraph (2);
          (4) estimate the number of requests for fee waivers 
        that would likely have to be adjudicated per 1,000 
        applications should such fee be increased to the level 
        projected pursuant to paragraph (2);
          (5) estimate the cost and number of man hours that 
        would be required to be expended in order to adjudicate 
        the fee waiver requests described in such paragraph; 
        and
          (6) estimate the cost differential between the 
        current cost of adjudicating applications and the 
        statutory fee, on a per-application and an aggregate 
        basis.

SEC. 510. GAO STUDY OF CONSEQUENCES OF EXPANDING USE OF PREMIUM SERVICE 
                    FOR IMMIGRATION BENEFIT APPLICATIONS AND PETITIONS.

  (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General shall 
complete a study of, and report to Congress on, the Department 
of Homeland Security's proposal to expand the use of premium 
fees for employment-based petitions and applications under 
section 286(u) of the Immigration and Nationality Act (8 U.S.C. 
1356(u)) to other applications and petitions.
  (b) Elements of Study.--In performing the study required 
under subsection (a), the Comptroller General--
          (1) shall consider and assess--
                  (A) all factors that help quantify and assess 
                the current impact of premium processing on 
                immigration benefits adjudications of 
                employment-based applications and petitions; 
                and
                  (B) the degree to which the use of premium 
                processing for employment-based applications 
                and petitions has negatively or positively 
                impacted the length of time that it takes to 
                adjudicate employment-based applications and 
                petitions that are eligible for treatment under 
                section 286(u) of the Immigration and 
                Nationality Act but for which no premium fee is 
                paid; and
          (2) shall assess--
                  (A) whether expansion of section 286(u) of 
                the Immigration and Nationality Act to family-
                based immigration petitions and applications 
                would increase or decrease the length of time 
                it takes to adjudicate family-based petitions 
                and applications in cases where the applicant 
                cannot afford to make use of the premium 
                service;
                  (B) all other likely future impacts of an 
                expansion of premium processing to family-based 
                immigration benefits applications and 
                petitions;
                  (C) the number of additional adjudicators 
                needed to process premium processing 
                applications;
                  (D) the impact of premium processing on the 
                number and assignment of adjudicators; and
                  (E) the number of individual applicants who 
                would opt to use premium processing under this 
                expanded program annually.
                              ----------                              


18. An Amendment To Be Offered by Representative Norwood of Georgia, or 
              His Designee, To Be Debatable for 20 Minutes

  Page 79, after line 6, insert the following (and amend the 
table of contents accordingly):

SEC. 509. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMIGRATION LAW 
                    ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS.

  Notwithstanding any other provision of law and reaffirming 
the existing general authority, law enforcement personnel of a 
State or a political subdivision of a State are fully 
authorized to apprehend, detain, or remove aliens in the United 
States (including the transportation of such aliens across 
State lines to detention centers), for the purposes of 
assisting in the enforcement of the immigration laws of the 
United States in the course of carrying out routine duties. 
This State authority has never been displaced or preempted by 
the Congress.

SEC. 510. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL IN 
                    ENFORCEMENT OF IMMIGRATION LAWS.

  (a) Training and Pocket Guide.--
          (1) Establishment.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of 
        Homeland Security shall establish--
                  (A) a training manual for law enforcement 
                personnel of a State or political subdivision 
                of a State to train such personnel in the 
                investigation, identification, apprehension, 
                arrest, detention, and transfer to Federal 
                custody of aliens in the United States 
                (including the transportation of such aliens 
                across State lines to detention centers and 
                identification of fraudulent documents); and
                  (B) an immigration enforcement pocket guide 
                for law enforcement personnel of a State or 
                political subdivision of a State to provide a 
                quick reference for such personnel in the 
                course of duty.
          (2) Availability.--The training manual and pocket 
        guide established in accordance with paragraph (1) 
        shall be made available to all State and local law 
        enforcement personnel.
          (3) Applicability.--Nothing in this subsection shall 
        be construed to require State or local law enforcement 
        personnel to carry the training manual or pocket guide 
        established in accordance with paragraph (1) with them 
        while on duty.
          (4) Costs.--The Department of Homeland Security shall 
        be responsible for any costs incurred in establishing 
        the training manual and pocket guide under this 
        subsection.
  (b) Training Flexibility.--
          (1) In general.--The Department of Homeland Security 
        shall make training of State and local law enforcement 
        officers available through as many means as possible, 
        including residential training at Federal facilities, 
        onsite training held at State or local police agencies 
        or facilities, online training courses by computer, 
        teleconferencing, and videotape, or the digital video 
        display (DVD) of a training course or courses.
          (2) Federal personnel training.--The training of 
        State and local law enforcement personnel under this 
        section shall not displace or otherwise adversely 
        affect the training of Federal personnel.
  (c) Clarification.--Nothing in this Act or any other 
provision of law shall be construed as making any immigration-
related training a requirement for, or prerequisite to, any 
State or local law enforcement officer exercising that 
officer's inherent authority to assist in the apprehension, 
arrest, detention, or transfer to Federal custody illegal 
aliens during the normal course of carrying out their law 
enforcement duties.
  (d) Training Limitation.--Section 287(g) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)) is amended--
          (1) by striking `Attorney General' each place that 
        term appears and inserting ``Secretary of Homeland 
        Security''; and
          (2) in paragraph (2), by adding at the end the 
        following: ``Such training shall not exceed 14 days or 
        80 hours, whichever is longer.''.
                              ----------                              


19. An Amendment To Be Offered by Representative Baca of California, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 79, after line 6, insert the following (and amend the 
table of contents accordingly):

SEC. 509. APPLICATION OF INTERNET-BASED TECHNOLOGIES.

  The Secretary of Homeland Security shall fulfill such 
Secretary's obligations under section 461 of the Department of 
Homeland Security Authorization Act of 2002.
                              ----------                              


 20. An Amendment To Be Offered by Representative Jackson-Lee of Texas 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 82, after line 4, add the following:

SEC. 407. REPORT ON BORDER VIOLENCE.

  (a) In General.--Not later than 6 months after the date of 
the enactment of this Act, the Secretary of Homeland Security 
shall submit a report to the Congress on the number and type of 
border violence activities that have occurred in the 5-year 
period preceding such date.
  (b) Contents.--The report shall include the following:
          (1) The number of such activities that have been 
        documented.
          (2) The types of activities involved.
          (3) A description of the categories of victims.
          (4) The risk of future activities.
          (5) A description of the steps the Department is 
        taking, and any plan the Department has formulated, to 
        prevent such activities.
  (c) Definition.--For purposes of this section, the term 
``border violence activity'' means any activity that--
          (1) involves the unlawful use of, or the threat 
        unlawfully to use, physical force with the intent to 
        harm a person or property;
          (2) occurs in the United States, not further than 25 
        miles from a United States border with Mexico or 
        Canada; and
          (3) occurs as part of an attempt to deter, retaliate 
        against, or enable the entry of any person into the 
        United States.
                              ----------                              


21. An Amendment To Be Offered by Representative Manzullo of Illinois, 
            or His Designee, To Be Debatable for 10 Minutes

  At the end of title V, add the following new section:

SEC. 509. BUY AMERICAN REQUIREMENT FOR PROCUREMENTS OF GOODS CONTAINING 
                    COMPONENTS.

  (a) Requirement.--Notwithstanding any agreement described in 
subsection (b), more than 50 percent of the components in any 
end product procured by the Department of Homeland Security 
that contains components shall be mined, produced, or 
manufactured inside the United States.
  (b) Agreements Described.--An agreement referred to in 
subsection (a) is any of the following:
          (1) Any reciprocal procurement memorandum of 
        understanding between the United States and a foreign 
        country pursuant to which the Secretary of Homeland 
        Security has prospectively waived the Buy American Act 
        (41 U.S.C. 10a et seq.) for certain products in that 
        country.
          (2) Any international agreement to which the United 
        States is a party.
                              ----------                              


22. An Amendment To Be Offered by Representative Putnam of Florida, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of title V, add the following (and conform the 
table of contents accordingly):

SEC. 509. DISASTER ASSISTANCE FOR FUNERAL EXPENSES.

  Section 408(e)(1) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174(e)(1)) is amended 
by adding at the end the following: ``The President may provide 
assistance for funeral expenses under this paragraph only if a 
medical examiner determines that the death was caused by the 
major disaster.''.
                              ----------                              


23. An Amendment To be Offered by Representative Souder of Indiana, or 
              His Designee, To Be Debatable for 10 Minutes

  At the appropriate place in the bill, insert the following:

SEC. ___. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF 
                    COUNTERNARCOTICS ENFORCEMENT AT DEPARTMENT OF 
                    HOMELAND SECURITY.

  Section 7407(c) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3853) is 
amended by striking ``2005, there is authorized up to 
$6,000,000'' and inserting ``2005 or 2006, there is authorized 
up to $6,000,000 for each such fiscal year''.
                              ----------                              


     24. An Amendment To Be Offered by Representative Thompson of 
      Mississippi, or His Designee, To Be Debatable for 40 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Complete Homeland Security 
Act''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Departmental management and operations.
Sec. 103. Information analysis and infrastructure protection.
Sec. 104. Science and technology.
Sec. 105. Security enforcement and investigations.
Sec. 106. Emergency preparedness and response.
Sec. 107. Office of the Inspector General.

                TITLE II--9/11 REFORM BILL ACCOUNTABILITY

Sec. 201. Report on budget request for programs authorized by Public Law 
          108-458.

  TITLE III--SECURING OUR ENTIRE BORDER ALL THE TIME, EVERY DAY OF THE 
                                  WEEK

                  Subtitle A--Securing Our Land Borders

Sec. 301. Land border security strategy.
Sec. 302. Deployment of surveillance systems along U.S.-Mexico border.
Sec. 303. Creation of northern and southern border coordinators.
Sec. 304. Smart border accord implementation.
Sec. 305. Requiring a vulnerability assessment of land ports of entry.
Sec. 306. Study to determine appropriate level and allocation of 
          personnel at ports of entry and border patrol sectors.
Sec. 307. Assessment of study by Comptroller General.
Sec. 308. Authorization of appropriations for increase in full-time 
          Border Patrol agents.
Sec. 309. Border Patrol unit for Virgin Islands.
Sec. 310. Requiring report on the ``One Face at the Border Initiative''.

                     Subtitle B--CIS Workflow Study

Sec. 311. CIS workflow, technology, and staffing assessment.

                  Subtitle C--Report On Border Violence

Sec. 321. Studies related to feasibility and cost of locating and 
          removing eight million undocumented aliens from United States.

           Subtitle D--Center of Excellence on Border Security

Sec. 331. Center of Excellence on Border Security.

  TITLE IV--SECURING CHEMICAL PLANTS AND OTHER CRITICAL INFRASTRUCTURE

                Subtitle A--Chemical Security Improvement

Sec. 411. Short title.
Sec. 412. Definitions.
Sec. 413. Vulnerability assessments and site security plans.
Sec. 414. Whistleblower protection.
Sec. 415. Alternative approaches.
Sec. 416. Enforcement.
Sec. 417. Interagency technical support and cooperation.
Sec. 418. Penalties.
Sec. 419. Protection of information.
Sec. 420. No effect on requirements under other law.

           Subtitle B--Critical infrastructure prioritization

Sec. 421. Critical infrastructure.
Sec. 422. Security review.
Sec. 423. Implementation report.

           TITLE V--SECURING AIRPORTS, BAGGAGE, AND AIR CARGO

    Subtitle A--Prohibition Against Increase In Security Service Fees

Sec. 501. Prohibition against increase in security service fees.

                      Subtitle B--Aviation Security

Sec. 511. Federal flight deck officers.
Sec. 512. Letters of intent.
Sec. 513. Aviation security capital fund.
Sec. 514. Airport checkpoint screening explosive detection.
Sec. 515. Flight communications.
Sec. 516. Airport Site Access and Perimeter Security.
Sec. 517. MANPAD countermeasure research.
Sec. 518. Air charter and general aviation operations at Ronald Reagan 
          Washington National Airport.
Sec. 519. Inspection of cargo carried aboard commercial aircraft.

                TITLE VI--SECURING TRAINS ACROSS AMERICA

                   Subtitle A--Public Transit Security

Sec. 601. Short title.
Sec. 602. Homeland security public transportation grants.
Sec. 603. Training exercises.
Sec. 604. Security best practices.
Sec. 605. Public awareness.
Sec. 606. National Transportation Security Centers.
Sec. 607. Whistleblower protections.
Sec. 608. Definition.
Sec. 609. Memorandum of agreement.Subtitle B--Rail Security
Sec. 611. Short title.

                      Chapter 1--Railroad Security

Sec. 621. Railroad transportation security.
Sec. 622. Freight and passenger rail security upgrades.
Sec. 623. Fire and life-safety improvements.
Sec. 624. Rail security research and development program.
Sec. 625. Rail worker security training program.
Sec. 626. Whistleblower protection.
Sec. 627. Public outreach.
Sec. 628. Passenger, baggage, and cargo screening.
Sec. 629. Emergency responder training standards.
Sec. 630. Information for first responders.
Sec. 631. TSA personnel limitations.
Sec. 632. Rail safety regulations.
Sec. 633. Rail police officers.
Sec. 634. Definitions.

             Chapter 2--Assistance to Families of Passengers

Sec. 641. Assistance by national transportation safety board to families 
          of passengers involved in rail passenger accidents.
Sec. 642. Rail passenger carrier plans to address needs of families of 
          passengers involved in rail passenger accidents.
Sec. 643. Establishment of task force.

               TITLE VII--SECURING CRITICAL INFRASTRUCTURE

Sec. 701. Critical infrastructure.
Sec. 702. Security review.
Sec. 703. Implementation report.

               TITLE VIII--PREVENTING A BIOLOGICAL ATTACK

Sec. 801. GAO Report of Department biological terrorism programs.
Sec. 802. Report on bio-countermeasures.

                   TITLE IX--PROTECTION OF AGRICULTURE

Sec. 901. Report to Congress on implementation of recommendations 
          regarding protection of agriculture.

             TITLE X--OPTIMIZING OUR SCREENING CAPABILITIES

   Subtitle A--U.S. Visitor and Immigrant Status Indicator Technology 
                                Database

Sec. 1001. Interoperability of data for United States Visitor and 
          Immigrant Status Indicator Technology.

    Subtitle B--Studies To Improve Border Management and Immigration 
                                Security

Sec. 1011. Study on biometrics.
Sec. 1012. Study on digitizing immigration benefit applications.
Sec. 1013. Study on elimination of arrival/departure paper forms.
Sec. 1014. Cataloguing immigration applications by biometric.

   TITLE XI--SECURING CYBERSPACE AND HARNESSING TECHNOLOGY TO PREVENT 
                                DISASTER

  Subtitle A--Department of Homeland Security Cybersecurity Enhancement

Sec. 1101. Short title.
Sec. 1102. Assistant Secretary for Cybersecurity.
Sec. 1103. Cybersecurity training programs and equipment.
Sec. 1104. Cybersecurity research and development.

      Subtitle B--Coordination with National Intelligence Director

Sec. 1111. Identification and implementation of technologies that 
          improve sharing of information with the National Intelligence 
          Director.

                   Subtitle C--Cybersecurity Research

Sec. 1121. Support of basic cybersecurity research.

            Subtitle D--Cybersecurity Training and Equipment

Sec. 1131. Cybersecurity training programs and equipment.

         TITLE XII--HELPING FIRST RESPONDERS GET THEIR JOB DONE

               Subtitle A--Communications Interoperability

Sec. 1201. Interoperable communications technology grant program.
Sec. 1202. Study reviewing communication equipment interoperability.
Sec. 1203. Prevention of delay in reassignment of dedicated spectrum for 
          public safety purposes.

            Subtitle B--Homeland Security Terrorism Exercises

Sec. 1211. Short title.
Sec. 1212. National terrorism exercise program.

                  Subtitle C--Citizenship Preparedness

Sec. 1221. Findings.
Sec. 1222. Purposes.
Sec. 1223. Citizens Corps; Private sector preparedness.

                 Subtitle D--Emergency Medical Services

Sec. 1231. Emergency Medical Services Administration.
Sec. 1232. Sense of Congress.

         Subtitle E--Lessons Learned Information Sharing System

Sec. 1241. Lessons learned, best practices, and corrective action.

              Subtitle F--Technology Transfer Clearinghouse

Sec. 1251. Short title.
Sec. 1252. Technology development and transfer.

            Subtitle G--Metropolitan Medical Response System

Sec. 1261. Metropolitan Medical Response System; authorization of 
          appropriations.

                 TITLE XIII--FIGHTING DOMESTIC TERRORISM

Sec. 1301. Advisory Committee on Domestic Terrorist Organizations.

  TITLE XIV--CREATING A DIVERSE AND MANAGEABLE DEPARTMENT OF HOMELAND 
                                SECURITY

               Subtitle A--Authorities of Privacy Officer

Sec. 1401. Authorities of Privacy Officer.

   Subtitle B--Ensuring Diversity In Department of Homeland Security 
                                Programs

Sec. 1411. Annual reports relating to employment of covered persons.
Sec. 1412. Procurement.
Sec. 1413. Centers of Excellence Program.

            Subtitle C--Protection of Certain Employee Rights

Sec. 1421. Provisions to protect certain employee rights.

                  Subtitle D--Whistleblower Protections

Sec. 1431. Whistleblower protections.

           Subtitle E--Authority of Chief Information Officer

Sec. 1441. Authority of Chief Information Officer.

        Subtitle F--Authorization for Office of Inspector General

Sec. 1451.  Authorization for Office of Inspector General.

                       Subtitle G--Regional office

Sec. 1461. Colocated regional offices.

                Subtitle H--DHS Terrorism Prevention Plan

Sec. 1471. Short title.
Sec. 1472. Department of Homeland Security Terrorism Prevention Plan.
Sec. 1473. Annual crosscutting analysis of proposed funding for 
          Department of Homeland Security programs.

                       Subtitle I--Tribal Security

Sec. 1481. Office of Tribal Security.

   TITLE XV_--SECURING OUR PORTS AND COASTLINES FROM TERRORIST ATTACK

Sec. 1501. Security of maritime cargo containers.
Sec. 1502. Study on port risks.

             TITLE XVI--AUTHORITY OF OTHER FEDERAL AGENCIES

Sec. 1601. Authority of other Federal agencies unaffected.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Department of 
Homeland Security $41,036,180,000 for fiscal year 2006.

SEC. 102. DEPARTMENTAL MANAGEMENT AND OPERATIONS.

  Of the amount authorized under section 101, there is 
authorized for departmental management and operations, 
including management and operations of the Office for State and 
Local Government Coordination and Preparedness, $6,463,000,000.

SEC. 103. INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.

  Of the amount authorized under section 101, there is 
authorized for information analysis and infrastructure 
protection programs and activities $873,245,000.

SEC. 104. SCIENCE AND TECHNOLOGY.

  Of the amount authorized under section 101, there is 
authorized for science and technology programs and activities 
$1,827,400,000, of which $418,000,000 shall be appropriated for 
aviation-security-related research and development, 
$115,000,000 shall be appropriated for the Man-Portable Air 
Defense Systems, and $35.4 million will be appropriated for 
biological countermeasures and agricultural defense.

SEC. 105. SECURITY ENFORCEMENT AND INVESTIGATIONS.

  Of the amount authorized under section 101, there is 
authorized for expenses related to border and transportation 
security, immigration, and other security and related 
functions, $28,414,000,000, of which $380,000,000 shall be 
appropriated for the hiring of 2,000 new border patrol agents.

SEC. 106. EMERGENCY PREPAREDNESS AND RESPONSE.

  Of the amount authorized under section 101, there is 
authorized for emergency preparedness and response programs and 
activities, $3,258,531,000.

SEC. 107. OFFICE OF THE INSPECTOR GENERAL.

  Of the amount authorized under section 101, there is 
authorized for the Office of the Inspector General, 
$200,000,000.

               TITLE II--9/11 REFORM BILL ACCOUNTABILITY

SEC. 201. REPORT ON BUDGET REQUEST FOR PROGRAMS AUTHORIZED BY PUBLIC 
                    LAW 108-458.

  (a) Explanation of Homeland Security Funding Shortfall.--
          (1) Initial report.--Not later than 30 days after the 
        date of the enactment of this section, the President 
        shall submit to Congress a report that explains each 
        homeland security funding shortfall included in the 
        budget submitted to Congress for fiscal year 2006 under 
        section 1105(a) of title 31, United States Code, 
        including the rationale for requesting less than the 
        authorized level of funding for each such funding 
        shortfall.
          (2) Annual reports.--Not later than 15 days after the 
        President submits to Congress the budget for a fiscal 
        year under section 1105(a) of title 31, United States 
        Code, the President shall submit to Congress a report 
        that explains each homeland security funding shortfall 
        included in the budget for the fiscal year, including 
        the rationale for requesting less than the authorized 
        level of funding for each such funding shortfall.
  (b) Definition of Homeland Security Funding Shortfall.--In 
this section, the term ``homeland security funding shortfall'' 
means a program authorized by Public Law 108-458 for which the 
amount of authorization of appropriation for a fiscal year--
          (1) is specified under such Act, and the President 
        does not request under such budget the maximum amount 
        authorized by such Act for such fiscal year; or
          (2) is not specified under such Act, and the 
        President does not request under such budget an amount 
        sufficient to operate the program as required by such 
        Act.

 TITLE III--SECURING OUR ENTIRE BORDER ALL THE TIME, EVERY DAY OF THE 
                                  WEEK

                 Subtitle A--Securing Our Land Borders

SEC. 301. LAND BORDER SECURITY STRATEGY.

  (a) In General.--The Secretary of Homeland Security, in 
consultation with the heads of all other Federal agencies with 
border-related functions or with facilities or lands on or 
along the border, shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) unclassified and classified 
versions of a unified, comprehensive strategy to secure the 
land borders of the United States not later than 6 months after 
the date of the enactment of this Act. The submission should 
include a description of the actions already taken to implement 
the strategy.
  (b) Contents.--The report shall cover the following areas:
          (1) Personnel.
          (2) Infrastructure.
          (3) Technology.
          (4) Coordination of intelligence among agencies.
          (5) Legal responsibilities and jurisdictional 
        divisions.
          (6) Apprehension.
          (7) Budgetary impact.
          (8) Flow of commerce and economic impact.
  (c) Consultation.--In creating the strategy described in 
subsection (a), the Federal agencies described in such 
subsection shall consult private sector organizations and 
nongovernmental organizations with national security, privacy, 
agriculture, immigration, customs, transportation, technology, 
legal, and business expertise.
  (d) Implementation.--The Secretary shall implement the 
strategy not later than 12 months after the date of the 
enactment of this Act.
  (e) Evaluation.--The Comptroller General of the United States 
shall track, monitor, and evaluate such strategy to secure our 
borders to determine its efficacy.
  (f) Report.--Not later than 15 months after the date of the 
enactment of this Act, and every year thereafter for the 
succeeding 5 years, the Comptroller General of the United 
States shall submit a report to the Congress on the results of 
the activities undertaken under subsection (a) during the 
previous year. Each such report shall include an analysis of 
the degree to which the border security strategy has been 
effective in securing our borders. Each such report shall 
include a collection and systematic analysis of data, including 
workload indicators, related to activities to improve and 
increase border security.

SEC. 302. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG U.S.-MEXICO BORDER.

  (a) Initial Threat Assessment.--
          (1) In general.--The Secretary of Homeland Security 
        shall conduct an assessment of the threat of 
        penetration of the land borders of the United States, 
        between the ports of entry, by terrorists and 
        criminals, and the threat to of such areas to terrorist 
        attack. In carrying out the threat assessments under 
        this paragraph, the Secretary shall categorize the 
        vulnerability of each land border corridor as ``high'', 
        ``medium'', or ``low'' and shall prioritize the 
        vulnerability of each land border corridor within each 
        such category. In conducting the threat assessment, the 
        Secretary of Homeland Security shall consult with 
        appropriate Federal, tribal, State, local, and private 
        sector representatives.
          (2) Report.--Not later than 6 months after the date 
        of the enactment of this Act, the Secretary shall 
        prepare and submit to the Committee on Homeland 
        Security of the United States House of Representatives 
        a report that contains--
                  (A) the results of the threat assessments 
                conducted under paragraph (1);
                  (B) with respect to each land border corridor 
                categorized under paragraph (1) as either a 
                ``high'', ``medium'' or ``low'' land border 
                corridor, descriptions of--
                          (i) infrastructure and technology 
                        improvement projects required for each 
                        land border corridor in order to reduce 
                        its vulnerability; and
                          (ii) the resources required to make 
                        such improvements; and
                  (C) a description of how the funds will be 
                used to implement technology and infrastructure 
                improvement projects.
  (b) Follow-Up Threat Assessments.--The Secretary of Homeland 
Security shall conduct follow-up threat assessments of the land 
border between the ports of entry every 2 years and shall 
submit such reports to the Committee on Homeland Security of 
the House of Representatives.
  (c) Plan.--Not later than December 31, 2005, the Secretary of 
Homeland Security shall develop a comprehensive plan to fully 
deploy technological surveillance systems along the United 
States land borders between the ports of entry. Surveillance 
systems included in the deployment plan must--
          (1) ensure continuous monitoring of every mile of 
        such borders; and
          (2) to the extent practicable, be fully interoperable 
        with existing surveillance systems and mission systems, 
        such as the Integrated Surveillance Intelligence 
        Systems already in use by the Department of Homeland 
        Security.

SEC. 303. CREATION OF NORTHERN AND SOUTHERN BORDER COORDINATORS.

  (a) In General.--Title IV of the Homeland Security Act of 
2002 (6 U.S.C. 201 seq.) is amended--
          (1) in section 402, by redesignating paragraph (8) as 
        paragraph (9) and by inserting after paragraph (7) the 
        following:
          ``(8) Increasing the security of the United States at 
        the ports of entry located along the northern and 
        southern borders, and improving the coordination among 
        the agencies responsible for maintaining that 
        security.''; and
          (2) in subtitle C, by adding at the end the 
        following:

``SEC. 431. BORDER COORDINATORS.

  ``(a) In General.--There shall be within the Directorate of 
Border and Transportation Security the positions of Northern 
Border Coordinator and Southern Border Coordinator, who shall 
be appointed by the Secretary and who shall report directly to 
the Under Secretary for Border and Transportation Security.
  ``(b) Responsibilities.--The Northern Border Coordinator and 
the Southern Border Coordinator shall undertake the following 
responsibilities along the northern and southern borders, 
respectively--
          ``(1) serve as the primary official of the Department 
        responsible for coordinating all Federal security 
        activities along the border, especially at land border 
        ports of entry;
          ``(2) provide enhanced communication and data-sharing 
        between Federal, State, local, and tribal agencies on 
        law enforcement, emergency response, or security-
        related responsibilities for areas on or adjacent to 
        the borders of the United States with Canada or Mexico;
          ``(3) work to improve the communications systems 
        within the Department to facilitate the integration of 
        communications of matters relating to border security;
          ``(4) oversee the implementation of the pertinent 
        bilateral agreement (the United States-Canada `Smart 
        Border' Declaration applicable to the northern border 
        and the United States-Mexico Partnership Agreement 
        applicable to the southern border) to improve border 
        functions, ensure security, and promote trade and 
        tourism;
          ``(5) consistent with section 5, assess all land 
        border ports of entry along the appropriate border and 
        develop a list of infrastructure and technology 
        improvement projects for submission to the Secretary 
        based on the ability of a project to fulfill immediate 
        security requirements and facilitate trade across the 
        borders of the United States; and
          ``(6) serve as a liaison to the foreign agencies with 
        responsibility for their respective border with the 
        United States.''.
  (b) Clerical Amendment.--Section 1(b) of such Act is amended 
in the table of contents by inserting after the item relating 
to section 430 the following:

``431. Border coordinators.''.

SEC. 304. SMART BORDER ACCORD IMPLEMENTATION.

  The President shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) information about the ongoing 
progress on implementation of the Smart Border Accords through 
quarterly reports on meetings of the Smart Border Working 
Group.

SEC. 305. REQUIRING A VULNERABILITY ASSESSMENT OF LAND PORTS OF ENTRY.

  (a) Initial Assessment.--
          (1) In general.--The Secretary of Homeland Security 
        shall conduct an assessment of the vulnerability of 
        each United States land port of entry to penetration by 
        terrorists and criminals or terrorist attack. In 
        carrying out assessments under this paragraph, the 
        Secretary shall categorize the vulnerability of each 
        port of entry as ``high'', ``medium'', or ``low'' and 
        shall prioritize the vulnerability of each port of 
        entry within each such category. In conducting the 
        assessment, the Secretary of Homeland Security shall 
        consult with appropriate State, local, tribal, and 
        private sector representatives.
          (2) Report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary shall 
        prepare and submit to the appropriate congressional 
        committees (as that term is defined in section 2 of the 
        Homeland Security Act of 2002 (6 U.S.C. 101)) a report 
        that contains--
                  (A) the results of the assessment conducted 
                under paragraph (1);
                  (B) with respect to each port of entry 
                categorized under paragraph (1) as either a 
                ``high'' or ``medium'' vulnerability port of 
                entry, descriptions of--
                          (i) infrastructure and technology 
                        improvement projects required for the 
                        port of entry in order to reduce its 
                        vulnerability; and
                          (ii) the resources required to make 
                        such improvements; and
                  (C) a description of how the funds will be 
                used to implement technology and infrastructure 
                improvement projects.
  (b) Follow-Up Assessments.--The Secretary of Homeland 
Security shall conduct follow-up assessments of land border 
ports of entry every 2 years and shall submit such reports to 
the appropriate congressional committees (as defined in section 
2 of the Homeland Security Act of 2002 (6 U.S.C. 101)).

SEC. 306. STUDY TO DETERMINE APPROPRIATE LEVEL AND ALLOCATION OF 
                    PERSONNEL AT PORTS OF ENTRY AND BORDER PATROL 
                    SECTORS.

  (a) Study.--The Commissioner of the Bureau of Customs and 
Border Protection of the Department of Homeland Security shall 
conduct a study to determine the necessary level and allocation 
of personnel of the Bureau (including support staff) at United 
States ports of entry and between ports of entry in order to 
fully carry out the functions of the Bureau at such ports and 
locations. The Commissioner shall update and revise the study 
on an annual basis as appropriate.
  (b) Requirements.--
          (1) In general.--In conducting the study pursuant to 
        subsection (a), the Commissioner shall take into 
        account the following:
                  (A) The most recent staffing assessment from 
                each port director and the head of each border 
                patrol sector, as required under paragraph (2).
                  (B) The most recent relevant information, 
                analyses, and vulnerability assessments 
                relating to ports of entry and areas between 
                ports of entry, as described in paragraph (3) 
                of section 201(d) of the Homeland Security Act 
                of 2002, and made available to the Commissioner 
                in accordance with paragraph (18) of such 
                section.
                  (C) Any requests for additional personnel, if 
                needed, from each port director and the head of 
                each border patrol sector, including a 
                description of whether the additional personnel 
                should be assigned on a temporary or permanent 
                basis.
                  (D) An analysis of the impact of new 
                available technology on staffing requirements 
                of the Bureau.
                  (E) An analysis of traffic volume and wait 
                times at ports of entry.
                  (F) An analysis of the training regimen for 
                new officers of the Bureau and inspectors from 
                the former Customs Service and the former 
                Immigration and Naturalization Service and the 
                extent to which the creation of the Bureau's 
                Officer position has changed the personnel 
                needs of the Department.
          (2) Additional requirement.--Each port director and 
        the head of each border patrol sector shall complete 
        and submit to the Commissioner on an annual basis an 
        assessment of the level and allocation of personnel 
        necessary to carry out the responsibilities of such 
        port director or the head of such border patrol sector, 
        as the case may be.
  (c) Reports.--
          (1) Initial report.--Not later than 120 days after 
        the date of the enactment of this Act, the Commissioner 
        shall prepare and submit to the Comptroller General and 
        Congress a report that contains the results of the 
        study conducted pursuant to subsection (a).
          (2) Subsequent reports.--The Commissioner shall 
        prepare and submit to the Comptroller General and 
        Congress on not less than an annual basis a report that 
        contains each updated or revised study.

SEC. 307. ASSESSMENT OF STUDY BY COMPTROLLER GENERAL.

  (a) Assessment.--The Comptroller General shall conduct an 
assessment of the study conducted by the Bureau of Customs and 
Border Protection under section 306 and shall conduct an 
assessment of each update or revision to the study. In 
conducting the assessment, the Comptroller General is 
authorized to solicit input from any personnel of the Bureau.
  (b) Report.--The Comptroller General shall prepare and submit 
to Congress a report that contains the results of each 
assessment conducted pursuant to subsection (a), including any 
recommendations thereto that the Comptroller General determines 
to be appropriate.

SEC. 308. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN FULL-TIME 
                    BORDER PATROL AGENTS.

  (a) Increase.--There are authorized to be appropriated to the 
Secretary of Homeland Security $300,000,000 for fiscal year 
2006 to increase by not less than 2,000 the number of positions 
for full-time active-duty Border Patrol agents within the 
Department of Homeland Security above the number of such 
positions for which funds were allotted for fiscal year 2005.
  (b) Associated Costs.--There are authorized to be 
appropriated to the Secretary of Homeland Security $80,000,000 
for fiscal year 2006 to pay the costs associated with the new 
hires described in subsection (a), including--
          (1) costs to increase by 166 of the number of support 
        staff positions;
          (2) costs to increase by 1333 in the number of 
        vehicles; and
          (3) costs to train the new hires described in 
        subsection (a) under an agreement with a Department 
        training facility other than the Artesia Border Patrol 
        Academy.
  (c) Facilities Impact Assessment.--The Secretary of Homeland 
Security shall conduct a facilities impact assessment and 
report findings from such assessment, with detailed estimates 
and costs. to the Committee on Homeland Security of the United 
States House of Representatives.

SEC. 309. BORDER PATROL UNIT FOR VIRGIN ISLANDS.

   Not later than September 30, 2006, the Secretary of Homeland 
Security shall establish at least one Border Patrol unit for 
the Virgin Islands of the United States.

SEC. 310. REQUIRING REPORT ON THE ``ONE FACE AT THE BORDER 
                    INITIATIVE''.

  (a) In General.--Not later than September 30 of each of the 
calendar years 2005, 2006, and 2007, the Secretary of Homeland 
Security shall prepare and submit to the Congress a report--
          (1) describing and analyzing the goals, success, and 
        shortfalls of the One Face at the Border Initiative at 
        enhancing security and facilitating travel;
          (2) providing a breakdown of the number of personnel 
        of the Bureau of Customs and Border Protection that 
        were personnel of the United States Customs Service 
        prior to the establishment of the Department of 
        Homeland Security, that were personnel of the 
        Immigration and Naturalization Service prior to the 
        establishment of the Department of Homeland Security, 
        and that were hired after the establishment of the 
        Department of Homeland Security;
          (3) describing the training time provided to each 
        employee on an annual basis for the various training 
        components of the One Face at the Border Initiative;
          (4) outlining the steps taken by the Bureau of 
        Customs and Border Protection to ensure that expertise 
        is retained with respect to customs, immigration, and 
        agriculture inspection functions under the One Face at 
        the Border Initiative; and
          (5) reviewing whether the missions of customs, 
        agriculture, and immigration are appropriately and 
        adequately addressed.
  (b) Assessment of Report.--The Comptroller General of the 
United States shall the review the reports submitted under 
subsection (a) and shall provide an assessment to the 
appropriate congressional committees (as defined in section 2 
of the Homeland Security Act of 2002 (6 U.S.C. 101)) regarding 
the effectiveness of the One Face at the Border Initiative.

                     Subtitle B--CIS Workflow Study

SEC. 311. CIS WORKFLOW, TECHNOLOGY, AND STAFFING ASSESSMENT.

  (a) In General.--The Secretary of Homeland Security shall 
conduct a comprehensive assessment of the Bureau of Citizenship 
and Immigration Services (otherwise know as ``U.S. Citizenship 
and Immigration Services'') within the Department of Homeland 
Security. Such assessment shall include study of personnel, 
administrative and technical support positions, technology, 
training, and facilities.
  (b) Workflow.--As part of the study, the Secretary shall 
examine all elements of such entity's workflow, in order to 
determine the most efficient way to handle its work without 
compromising security. Any bottlenecks associated with security 
matters should be identified and recommendations should be made 
on ways to minimize such bottlenecks without compromising 
security. The Secretary should assess the division of work, 
adequacy of infrastructure (particularly information 
technology), as well as personnel needs.
  (c) Interactions With Other Organizations.--As part of the 
study, the Secretary shall examine such entity's interactions 
with other government organizations. Specifically, the 
Secretary shall determine whether existing memoranda of 
understanding and divisions of responsibility, especially any 
which pre-date the establishment of the Department of Homeland 
Security, need to be revised in order to improve service 
delivery.
  (d) Backlog Cost.--As part of the study, the Secretary shall 
assess the current cost of maintaining the backlog (as defined 
in section 203 of the Immigration Services and Infrastructure 
Improvements Act of 2000 (8 U.S.C. 1572)).
  (e) Information Technology.--Aspects of this study related to 
information technology should be coordinated with the Chief 
Information Officer for the Department of Homeland Security and 
should build on the findings of the task force established by 
section 3 of the Immigration and Naturalization Service Data 
Management Improvement Act of 2000 (Public Law 106-215).
  (f) Submission.--The study should be completed not later than 
January 1, 2006, and shall be submitted to the Committee on 
Homeland Security of the United States House of 
Representatives. It shall include recommendations for resource 
allocation.

                 Subtitle C--Report on Border Violence

SEC. 321. STUDIES RELATED TO FEASIBILITY AND COST OF LOCATING AND 
                    REMOVING EIGHT MILLION UNDOCUMENTED ALIENS FROM 
                    UNITED STATES.

  (a) Feasibility Study.--Commencing not later than 30 days 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a study to 
evaluate--
          (1) the ability of the Department of Homeland 
        Security to develop and implement a program to locate 
        and initiate removal proceedings on the 8,000,000 
        undocumented immigrants who are presently residing in 
        the United States;
          (2) an estimate of the additional personnel and other 
        additional resources such a project would require for 
        the Department and the Executive Office for Immigration 
        Review;
          (3) the amount of time that such development and 
        implementation would require;
          (4) the total cost to develop and implement this 
        program;
          (5) the ability of State and local police departments 
        to assist the Department in implementing this program;
          (6) an estimate of the additional personnel and other 
        additional resources the State and local police 
        departments would need if they participate with the 
        Department in implementing this program;
          (7) the amount of time away from other State and 
        local police work that would be required of State and 
        local police departments to participate in this 
        program; and
          (8) the total cost to State and local governments of 
        such participation.
  (b) Study on Consequences of Locating and Removing Eight 
Million Undocumented Aliens.--Commencing not later than 30 days 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a study on the 
adverse consequences that could result from locating and 
removing 8,000,000 undocumented aliens from the United States.

          Subtitle D--Center of Excellence on Border Security

SEC. 331. CENTER OF EXCELLENCE ON BORDER SECURITY.

  The Secretary shall establish a university-based Center for 
Border Security following the merit-review processes and 
procedures that have been established for selecting University 
Programs Centers of Excellence. The Center shall conduct 
research, examine existing and emerging border security 
technology and systems, and provide education, technical, and 
analytical assistance for the Department of Homeland Security 
to effectively secure the Nation's borders.

  TITLE IV--SECURING CHEMICAL PLANTS AND OTHER CRITICAL INFRASTRUCTURE

               Subtitle A--Chemical Security Improvement

SEC. 411. SHORT TITLE.

  This subtitle may be cited as the ``Chemical Security 
Improvement Act of 2005''.

SEC. 412. DEFINITIONS.

  In this subtitle:
          (1) Alternative approaches.--The term ``alternative 
        approach'' means an approach that significantly reduces 
        or eliminates the threat or consequences of a terrorist 
        release from a chemical source, including an approach 
        that--
                  (A) uses smaller quantities, nonhazardous 
                forms, or less hazardous forms of dangerous 
                substances;
                  (B) replaces a dangerous substance with a 
                nonhazardous or less hazardous substance; or
                  (C) uses nonhazardous or less hazardous 
                conditions or processes.
          (2) Chemical source.--The term ``chemical source'' 
        means a facility listed by the Secretary under section 
        413(e) as a chemical source; and--
          (3) Dangerous substance.--The term ``dangerous 
        substance'' means a substance present at a chemical 
        source that--
                  (A) can cause death, injury, or serious 
                adverse effects to human health or the 
                environment; or
                  (B) could harm critical infrastructure or 
                national security.
          (4) Department.--The term ``Department'' means the 
        Department of Homeland Security.
          (5) Environment.--The term ``environment'' means--
                  (A) the navigable waters, the waters of the 
                contiguous zone, and the ocean waters of which 
                the natural resources are under the exclusive 
                management authority of the United States; and
                  (B) any other surface water, ground water, 
                drinking water supply, land surface or 
                subsurface strata, or ambient air within the 
                United States or under the jurisdiction of the 
                United States.
          (6) Owner or operator.--The term ``owner or 
        operator'' means any person who owns, leases, operates, 
        controls, or supervises a chemical source.
          (7) Release.--The term ``release'' means any 
        spilling, leaking, pumping, pouring, emitting, 
        emptying, discharging, injecting, escaping, leaching, 
        dumping, or disposing into the environment (including 
        the abandonment or discarding of barrels, containers, 
        and other closed receptacles containing any hazardous 
        substance or pollutant or contaminant), but excludes--
                  (A) any release which results in exposure to 
                persons solely within a workplace, with respect 
                to a claim which such persons may assert 
                against the employer of such persons;
                  (B) emissions from the engine exhaust of a 
                motor vehicle, rolling stock, aircraft, vessel, 
                or pipeline pumping station engine; or
                  (C) the normal application of fertilizer or 
                pesticide.
          (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.
          (9) Security measure.--
                  (A) In general.--The term ``security 
                measure'' means an action carried out to ensure 
                or enhance the security of a chemical source.
                  (B) Inclusions.--The term ``security 
                measure'', with respect to a chemical source, 
                includes measures such as--
                          (i) employee training and background 
                        checks;
                          (ii) the limitation and prevention of 
                        access to controls of the chemical 
                        source;
                          (iii) the protection of the perimeter 
                        of the chemical source, including the 
                        deployment of armed physical security 
                        personnel;
                          (iv) the installation and operation 
                        of intrusion detection sensors;
                          (v) the implementation of measures to 
                        increase computer or computer network 
                        security;
                          (vi) the installation of measures to 
                        protect against long-range weapons;
                          (vii) the installation of measures 
                        and controls to protect against or 
                        reduce the consequences of a terrorist 
                        attack; and
                          (viii) the implementation of any 
                        other security-related measures or the 
                        conduct of any similar security-related 
                        activity, as determined by the 
                        Secretary.
          (10) Terrorism.--The term ``terrorism'' has the 
        meaning given to that term in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101).
          (11) Terrorist release.--The term ``terrorist 
        release'' means--
                  (A) a release from a chemical source into the 
                environment of a dangerous substance that is 
                caused by an act of terrorism; and
                  (B) the theft of a dangerous substance by a 
                person for off-site release in furtherance of 
                an act of terrorism.

SEC. 413. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

  (a) Requirement.--
          (1) In general.--Not later than 1 year after the date 
        of the enactment of this subtitle, the Secretary shall 
        promulgate regulations that--
                  (A) require the owner or operator of each 
                chemical source included on the list described 
                in subsection (e)(1)--
                          (i) to conduct an assessment of the 
                        vulnerability of the chemical source to 
                        a terrorist release; and
                          (ii) to prepare and implement a site 
                        security plan that addresses the 
                        results of the vulnerability 
                        assessment; and
                  (B) establish procedures, protocols, and 
                standards for vulnerability assessments and 
                site security plans.
          (2) Contents of vulnerability assessment.--A 
        vulnerability assessment required under the regulations 
        promulgated under paragraph (1) or any assessment 
        determined substantially equivalent by the Secretary 
        under subsection (c) shall include the identification 
        and evaluation of--
                  (A) critical assets and infrastructures;
                  (B) hazards that may result from a terrorist 
                release; and
                  (C) weaknesses in--
                          (i) physical security;
                          (ii) structural integrity of 
                        containment, processing, and other 
                        critical infrastructure;
                          (iii) protection systems;
                          (iv) procedural and employment 
                        policies;
                          (v) communication systems;
                          (vi) transportation infrastructure in 
                        the proximity of the chemical source;
                          (vii) utilities;
                          (viii) contingency response; and
                          (ix) other areas as determined by the 
                        Secretary.
          (3) Contents of site security plan.--A site security 
        plan required under the regulations promulgated under 
        paragraph (1) or any plan submitted to the Secretary 
        under subsection (c)--
                  (A) shall include security measures to 
                significantly reduce the vulnerability of the 
                chemical source covered by the plan to a 
                terrorist release;
                  (B) shall describe, at a minimum, particular 
                equipment, plans, and procedures that could be 
                implemented or used by or at the chemical 
                source in the event of a terrorist release;
                  (C) shall provide for the assessment and, as 
                applicable, implementation of alternative 
                approaches in accordance with section 415; and
                  (D) shall be developed in consultation with 
                local law enforcement, first responders, 
                employees, and local emergency planning 
                committees, as established pursuant to section 
                301(c) of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11001(c)).
          (4) Security exercises.--Not later than 1 year after 
        the date of the enactment of this subtitle, the 
        Secretary shall promulgate regulations establishing 
        procedures, protocols, and standards for the conduct of 
        security exercises, including--
                  (A) the performance of force-on-force 
                exercises that--
                          (i) involve physical security 
                        personnel employed by the owner or 
                        operator of the chemical source to act 
                        as the force designated to defend the 
                        facility;
                          (ii) involve personnel designated by 
                        the Secretary to act as the force 
                        designated to simulate a terrorist 
                        attempt to attack the chemical source 
                        to cause a terrorist release;
                          (iii) are designed, overseen, and 
                        evaluated by the Department; and
                          (iv) are conducted at least once 
                        every 3 years; and
                  (B) the performance of all other such 
                exercises at periodic intervals necessary to 
                ensure the optimal performance of security 
                measures.
          (5) Guidance to small businesses.--Not later than 1 
        year after the date of the enactment of this Act, the 
        Secretary shall publish guidance to assist small 
        businesses in complying with paragraphs (2) and (3).
          (6) Threat information.--To the maximum extent 
        practicable under applicable authority and in the 
        interests of national security, the Secretary shall 
        provide to an owner or operator of a chemical source 
        required to prepare a vulnerability assessment and site 
        security plan threat information that is relevant to 
        the chemical source.
          (7) Coordinated assessments and plans.--The 
        regulations promulgated under paragraph (1) shall 
        permit the development and implementation of 
        coordinated vulnerability assessments and site security 
        plans in any case in which more than 1 chemical source 
        is operating at a single location or at contiguous 
        locations, including cases in which a chemical source 
        is under the control of more than 1 owner or operator.
  (b) Certification and Submission.--
          (1) In general.--Except as provided in subsection 
        (c), each owner or operator of a chemical source shall 
        certify in writing to the Secretary that the owner or 
        operator has completed a vulnerability assessment and 
        has developed and implemented (or is implementing) a 
        site security plan in accordance with this subtitle, 
        including--
                  (A) regulations promulgated under subsection 
                (a)(1); and
                  (B) any existing vulnerability assessment or 
                security plan endorsed by the Secretary under 
                subsection (c)(1).
          (2) Submission.--
                  (A) In general.--Not later than 18 months 
                after the date of the promulgation of 
                regulations under subsection (a)(1), an owner 
                or operator of a chemical source shall provide 
                to the Secretary copies of the vulnerability 
                assessment and site security plan of the 
                chemical source for review.
                  (B) Certification.--
                          (i) In general.--Not later than 2 
                        years after the date on which the 
                        Secretary receives copies of the 
                        vulnerability assessment and site 
                        security plan of a chemical source 
                        under subparagraph (A), the Secretary 
                        shall determine whether the chemical 
                        source is in compliance with the 
                        requirements of this Act, including--
                                  (I) paragraph (1);
                                  (II) regulations promulgated 
                                under subsections (a)(1) and 
                                (a)(3); and
                                  (III) any existing 
                                vulnerability assessment or 
                                site security plan endorsed by 
                                the Secretary under subsection 
                                (c)(1).
                          (ii) Certificate.--If the Secretary 
                        determines that the chemical source is 
                        in compliance with the requirements of 
                        this Act, the Secretary shall provide 
                        to the chemical source and make 
                        available for public inspection a 
                        certificate of approval that contains 
                        the following statement (in which 
                        statement the bracketed space shall be 
                        the name of the chemical source): 
                        ``[______] is in compliance with the 
                        Chemical Security Improvement Act of 
                        2005.''
                          (iii) Determination of 
                        noncompliance.--If the Secretary 
                        determines under clause (i) that a 
                        chemical source is not in compliance 
                        with the requirements of this Act, the 
                        Secretary shall exercise the authority 
                        provided in section 416.
                          (iv) Report to congress.--Not later 
                        than 1 year after the promulgation of 
                        regulations in subsection (a)(1) and 
                        for every year afterwards, the 
                        Secretary shall submit to the Congress 
                        a report outlining the number of 
                        facilities that have provided 
                        vulnerability assessments and site 
                        security plans to the Secretary, what 
                        portion of these submissions have been 
                        reviewed by the Secretary, and what 
                        portion of these submissions are in 
                        compliance with clause (i).
          (3) Oversight.--
                  (A) In general.--The Secretary shall, at such 
                times and places as the Secretary determines to 
                be appropriate, conduct or require the conduct 
                of vulnerability assessments and other 
                activities (including qualified third-party 
                audits) to ensure and evaluate compliance with 
                this subtitle (including regulations 
                promulgated under subsection (a)(1) and 
                (c)(1)).
                  (B) Right of entry.--In carrying out this 
                subtitle, the Secretary (or a designee), on 
                presentation of credentials, shall have a right 
                of entry to, on, or through any premises of an 
                owner or operator of a chemical source.
                  (C) Requests for records.--In carrying out 
                this subtitle, the Secretary (or a designee) 
                may require the submission of, or, on 
                presentation of credentials, may at reasonable 
                times seek access to and copy any documentation 
                necessary for--
                          (i) review or analysis of a 
                        vulnerability assessment or site 
                        security plan; or
                          (ii) implementation of a site 
                        security plan.
                  (D) Compliance.--If the Secretary determines 
                that an owner or operator of a chemical source 
                is not maintaining, producing, or permitting 
                access to the premises of a chemical source or 
                records as required by this paragraph, the 
                Secretary may issue an order requiring 
                compliance with the relevant provisions of this 
                section.
                  (E) Qualified third-party audits.--The 
                Secretary shall establish standards as to the 
                qualifications of third-party auditors. Such 
                standards shall ensure the qualifications of 
                the third-party auditor provide sufficient 
                expertise in--
                          (i) chemical site security 
                        vulnerabilities;
                          (ii) chemical site security measures;
                          (iii) alternative approaches; and
                          (iv) such other areas as the 
                        Secretary determines to be appropriate 
                        and necessary.
          (4) Submission of changes.--The owner or operator of 
        a chemical source shall provide to the Secretary a 
        description of any significant change that is made to 
        the vulnerability assessment or site security plan 
        required for the chemical source under this section, 
        not later than 90 days after the date the change is 
        made.
  (c) Existing Vulnerability Assessments and Security Plans.--
Upon submission of a petition by an owner or operator of a 
chemical source to the Secretary in conjunction with a 
submission under subsection (b)(2)(A), the Secretary--
          (1) may endorse any vulnerability assessment or 
        security plan--
                  (A) that was conducted, developed, or 
                required by--
                          (i) industry;
                          (ii) State or local authorities; or
                          (iii) other applicable law; and
                  (B) that was conducted before, on, or after 
                the date of enactment of this subtitle; and
                  (C) the contents of which the Secretary 
                determines meet the standards established under 
                the requirements of subsections (a)(1), (a)(2), 
                and (a)(3);
          (2) may make an endorsement of an existing 
        vulnerability assessment or security plan under 
        paragraph (1) contingent on modification of the 
        vulnerability assessment or security plan to address--
                  (A) a particular threat or type of threat; or
                  (B) a requirement under (a)(2) or (a)(3).
  (d) Regulatory Criteria.--In exercising the authority under 
subsections (a), (b), (c), or (e) with respect to a chemical 
source, the Secretary shall consider--
          (1) the likelihood that a chemical source will be the 
        target of terrorism;
          (2) the potential extent of death, injury, or serious 
        adverse effects to human health or the environment that 
        would result from a terrorist release;
          (3) the potential harm to critical infrastructure and 
        national security from a terrorist release; and
          (4) such other security-related factors as the 
        Secretary determines to be appropriate and necessary to 
        protect the public health and welfare, critical 
        infrastructure, and national security.
  (e) List of Chemical Sources.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this subtitle, the Secretary 
        shall develop a list of chemical sources in existence 
        as of that date.
          (2) Considerations.--In developing the list under 
        paragraph (1), the Secretary shall take into 
        consideration the criteria specified in subsection (d).
          (3) Prioritization.--In developing the list under 
        paragraph (1), the Secretary shall determine the 
        potential extent of death, injury, or severe adverse 
        effects to human health that would result from a 
        terrorist release of dangerous substances from a 
        chemical source.
          (4) Scope.--In developing the list under paragraph 
        (1), the Secretary shall include at least those 
        facilities that pose a risk of potential death, injury, 
        or severe adverse effects to not fewer than 15,000 
        individuals.
          (5) Future determinations.--Not later than 3 years 
        after the date of the promulgation of regulations under 
        subsection (a)(1), and every 3 years thereafter, the 
        Secretary shall, after considering the criteria 
        described in subsection (d)--
                  (A) determine whether additional facilities 
                (including, as of the date of the 
                determination, facilities that are operational 
                and facilities that will become operational in 
                the future) shall be considered to be a 
                chemical source under this subtitle;
                  (B) determine whether any chemical source 
                identified on the most recent list under 
                paragraph (1) no longer presents a risk 
                sufficient to justify retention of 
                classification as a chemical source under this 
                subtitle; and
                  (C) update the list as appropriate.
  (f) 5-Year Review.--Not later than 5 years after the date of 
the certification of a vulnerability assessment and a site 
security plan under subsection (b)(1), and not less often than 
every 5 years thereafter (or on such a schedule as the 
Secretary may establish by regulation), the owner or operator 
of the chemical source covered by the vulnerability assessment 
or site security plan shall--
          (1) ensure the vulnerability assessment and site 
        security plan meet the most recent regulatory standards 
        issues under subsection (a)(1);
          (2)(A) certify to the Secretary that the chemical 
        source has completed the review and implemented any 
        modifications to the site security plan; and
          (B) submit to the Secretary a description of any 
        changes to the vulnerability assessment or site 
        security plan; and
          (3) submit to the Secretary a new assessment of 
        alternative approaches.
  (g) Protection of Information.--
          (1) Critical infrastructure information.--Except with 
        respect to certifications specified in subsections 
        (b)(1) and (f)(2)(A), vulnerability assessments and 
        site security plans obtained in accordance with this 
        subtitle, and all information derived from those 
        vulnerability assessments and site security plans that 
        could pose a risk to a particular chemical source, 
        shall be deemed critical infrastructure information as 
        defined in section 212 of the Homeland Security Act of 
        2002 (6 U.S.C. 131), and subject to all protections 
        under sections 213 and 214 of that Act.
          (2) Exceptions to penalties.--Section 214(f) of the 
        Homeland Security Act of 2002 (6 U.S.C. 133(f)) shall 
        not apply to a person described in that section that 
        discloses information described in paragraph (1)--
                  (A) for use in any administrative or judicial 
                proceeding to impose a penalty for failure to 
                comply with a requirement of this subtitle; or
                  (B) for the purpose of making a disclosure 
                evidencing government, owner or operator, or 
                employee activities that threaten the security 
                of a chemical source or are inconsistent with 
                the requirements of this subtitle.
          (3) Rule of construction.--Nothing in this subsection 
        shall be construed to authorize the withholding of 
        information from members of Congress acting in their 
        official capacity.

SEC. 414. WHISTLEBLOWER PROTECTION.

  (a) In General.--No person employed at a chemical source may 
be discharged, demoted, suspended, threatened, harassed, or in 
any other manner discriminated against because of any lawful 
act done by the person--
          (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation 
        regarding any conduct which the person reasonably 
        believes constitutes a violation of any law, rule or 
        regulation related to the security of the chemical 
        source, or any other threat to the security of the 
        chemical source, when the information or assistance is 
        provided to or the investigation is conducted by--
                  (A) a Federal regulatory or law enforcement 
                agency;
                  (B) any member or committee of the Congress; 
                or
                  (C) a person with supervisory authority over 
                the person (or such other person who has the 
                authority to investigate, discover, or 
                terminate misconduct); or
          (2) to file, cause to be filed, testify, participate 
        in, or otherwise assist in a proceeding or action filed 
        or about to be filed relating to a violation of any 
        law, rule, or regulation related to the security of a 
        chemical source or any other threat to the security of 
        a chemical source; or
          (3) to refuse to violate or assist in the violation 
        of any law, rule, or regulation related to the security 
        of chemical sources.
  (b) Enforcement Action.--
          (1) In general.--A person who alleges discharge or 
        other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c), 
        by--
                  (A) filing a complaint with the Secretary of 
                Labor; or
                  (B) if the Secretary of Labor has not issued 
                a final decision within 180 days of the filing 
                of the complaint and there is no showing that 
                such delay is due to the bad faith of the 
                claimant, bringing an action at law or equity 
                for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard 
                to the amount in controversy.
          (2) Procedure.--
                  (A) In general.--An action under paragraph 
                (1)(A) shall be governed under the rules and 
                procedures set forth in section 42121(b) of 
                title 49, United States Code.
                  (B) Exception.--Notification made under 
                section 42121(b)(1) of title 49, United States 
                Code, shall be made to the person named in the 
                complaint and to the person's employer.
                  (C) Burdens of proof.--An action brought 
                under paragraph (1)(B) shall be governed by the 
                legal burdens of proof set forth in section 
                42121(b) of title 49, United States Code.
                  (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 
                90 days after the date on which the violation 
                occurs.
  (c) Remedies.--
          (1) In general.--A person prevailing in any action 
        under subsection (b)(1) shall be entitled to all relief 
        necessary to make the person whole.
          (2) Compensatory damages.--Relief for any action 
        under paragraph (1) shall include--
                  (A) reinstatement with the same seniority 
                status that the person would have had, but for 
                the discrimination;
                  (B) the amount of back pay, with interest; 
                and
                  (C) compensation for any special damages 
                sustained as a result of the discrimination, 
                including litigation costs, expert witness 
                fees, and reasonable attorney fees.
  (d) Rights Retained by Person.--Nothing in this section shall 
be deemed to diminish the rights, privileges, or remedies of 
any person under any Federal or State law, or under any 
collective bargaining agreement.

SEC. 415. ALTERNATIVE APPROACHES.

  (a) Assessment.--
          (1) In general.--A site security plan under section 
        413(a)(1) shall provide for the conduct of an 
        assessment of alternative approaches.
          (2) Inclusions.--An assessment under this subsection 
        shall include information on--
                  (A) the nature of each alternative approach 
                considered, such as--
                          (i) the quantity of each dangerous 
                        substance considered for reduction;
                          (ii) the form of any dangerous 
                        substance considered for replacement 
                        and the form of potential replacements 
                        considered;
                          (iii) any dangerous substance 
                        considered for replacement and a 
                        description of any potential 
                        replacements considered; and
                          (iv) any process or conditions 
                        considered for modification and a 
                        description of the potential 
                        modification;
                  (B) the degree to which each alternative 
                approach considered could potentially reduce 
                the threat or consequence of a terrorist 
                release; and
                  (C) specific considerations that led to the 
                implementation or rejection of each alternative 
                approach, including--
                          (i) requirements under this subtitle;
                          (ii) cost;
                          (iii) cost savings;
                          (iv) availability of replacement or 
                        modification technology or technical 
                        expertise;
                          (v) the applicability of existing 
                        replacement or modification technology 
                        to the chemical source; and
                          (vi) any other factor that the owner 
                        of operator of the chemical source 
                        considered in judging the 
                        practicability of each alternative 
                        approach.
  (b) Implementation.--
          (1) In general.--A chemical source described in 
        paragraph (2) shall implement options to significantly 
        reduce or eliminate the threat or consequences of a 
        terrorist release through the use of alternative 
        approaches that would not create an equal or greater 
        risk to human health or the environment.
          (2) Applicability.--This subsection applies to a 
        chemical source if--
                  (A) the chemical source poses a potential of 
                harm to more than 15,000 people, unless the 
                owner or operator of the chemical source can 
                demonstrate to the Secretary through an 
                assessment of alternative approaches that 
                available alternative approaches--
                          (i) would not significantly reduce 
                        the number of people at risk of death, 
                        injury, or serious adverse effects 
                        resulting from a terrorist release;
                          (ii) cannot feasibly be incorporated 
                        into the operation of the chemical 
                        source; or
                          (iii) would significantly and 
                        demonstrably impair the ability of the 
                        owner or operator of the chemical 
                        source to continue its business; or
                  (B)(i) the chemical source poses a potential 
                of harm to fewer than 15,000 people; and
                  (ii) implementation of options to 
                significantly reduce the threat or consequence 
                of a terrorist release through the use of 
                alternative approaches if practicable in the 
                judgment of the owner or operator of the 
                chemical source.
  (c) Alternative Approaches Clearinghouse.--
          (1) Authority.--The Secretary shall establish a 
        publicly available clearinghouse to compile and 
        disseminate information on the use and availability of 
        alternative approaches.
          (2) Inclusions.--The clearinghouse shall include 
        information on--
                  (A) general and specific types of alternative 
                approaches;
                  (B) combinations of chemical sources, 
                substances of concern, and hazardous processes 
                or conditions for which alternative approaches 
                could be appropriate;
                  (C) the scope of current use and availability 
                of specific alternative approaches;
                  (D) the costs and cost savings resulting from 
                alternative approaches;
                  (E) technological transfer;
                  (F) the availability of technical assistance;
                  (G) current users of alternative approaches; 
                and
                  (H) such other information as the 
                Administrator deems appropriate.
          (3) Collection of information.--The Secretary shall 
        collect information for the clearinghouse--
                  (A) from documents submitted by owners or 
                operators pursuant to this Act;
                  (B) by surveying owners or operators who have 
                registered their facilities pursuant to part 68 
                of title 40 Code of Federal Regulations (or 
                successor regulations); or
                  (C) through such other methods as the 
                Secretary deems appropriate.
          (4) Public availability.--Information available 
        publicly through the clearinghouse shall not allow the 
        identification of any specific facility or violate the 
        exemptions of section 552(b)(4) of title 5, United 
        States Code.
          (5) Study of alternative and inherently safer 
        approaches to chemical safety and security.--
                  (A) Study.--Not later than 6 months after the 
                date of the enactment of this Act, the 
                Secretary shall enter into an arrangement with 
                the National Academy of Sciences to provide for 
                a comprehensive study of--
                          (i) the currently available chemical 
                        technologies, practices, strategies, 
                        and other methods for improving the 
                        inherent safety and security of United 
                        States chemical manufacturing, 
                        transportation, and usage sites and 
                        infrastructure against the threat of 
                        terrorism;
                          (ii) methods for assessing the degree 
                        of inherent safety of chemical 
                        technologies, practices, strategies, 
                        and other means;
                          (iii) methods for integrating 
                        inherently safer chemical technologies, 
                        practices, strategies, and other means 
                        into risk management for critical 
                        infrastructure protection; and
                          (iv) progress and directions in 
                        research in chemical sciences and 
                        technology that may provide new 
                        chemical technologies, practices, 
                        strategies, and other means to improve 
                        inherent safety and security.
                  (B) Report.--
                          (i) In general.--The arrangement 
                        entered into under subparagraph (A) 
                        shall provide that the National Academy 
                        of Sciences shall submit to the 
                        Secretary a final report on the study 
                        conducted under subparagraph (A) by no 
                        later than 18 months after a contract 
                        for the arrangement is signed.
                          (ii) Recommendations.--The report 
                        under this subparagraph shall include 
                        such recommendations regarding 
                        government and private sector practices 
                        to encourage the adoption of currently 
                        available inherently safer and more 
                        secure chemical technologies and 
                        strategies to reduce the 
                        vulnerabilities of existing and future 
                        chemical manufacturing, transportation, 
                        and usage sites and infrastructure, and 
                        regarding research directions in green 
                        chemistry and chemical engineering that 
                        would lead to inherently more secure, 
                        safer, and economically viable chemical 
                        products, processes, and procedures, as 
                        the Academy determines appropriate.
                  (C) Transmission to congress.--The Secretary 
                shall promptly transmit a copy of the report 
                under this subparagraph to the Congress and 
                make the report available to the public.

SEC. 416. ENFORCEMENT.

  (a) Failure to Comply.--If an owner or operator of a non-
Federal chemical source fails to certify or submit a 
vulnerability assessment or site security plan in accordance 
with this subtitle, the Secretary may issue an order requiring 
the certification and submission of a vulnerability assessment 
or site security plan in accordance with section 413(b).
  (b) Disapproval.--The Secretary may disapprove under 
subsection (a) a vulnerability assessment or site security plan 
submitted under section 413(b) or (c) if the Secretary 
determines that--
          (1) the vulnerability assessment or site security 
        plan does not comply with regulations promulgated under 
        section 413(a)(1), or the procedure, protocol, or 
        standard endorsed or recognized under section 413(c); 
        or
          (2) the site security plan, or the implementation of 
        the site security plan, is insufficient to address--
                  (A) the results of a vulnerability assessment 
                of a chemical source; or
                  (B) a threat of a terrorist release.
  (c) Compliance.--If the Secretary disapproves a vulnerability 
assessment or site security plan of a chemical source under 
subsection (b), the Secretary shall--
          (1) provide the owner or operator of the chemical 
        source a written notification of the determination that 
        includes a clear explanation of deficiencies in the 
        vulnerability assessment, site security plan, or 
        implementation of the assessment or plan;
          (2) consult with the owner or operator of the 
        chemical source to identify appropriate steps to 
        achieve compliance; and
          (3) if, following that consultation, the owner or 
        operator of the chemical source does not achieve 
        compliance by such date as the Secretary determines to 
        be appropriate under the circumstances, issue an order 
        requiring the owner or operator to correct specified 
        deficiencies.
  (d) Protection of Information.--Any determination of 
disapproval or order made or issued under this section shall be 
exempt from disclosure--
          (1) under section 552 of title 5, United States Code;
          (2) under any State or local law providing for public 
        access to information; and
          (3) except as provided in section 413(g)(2), in any 
        Federal or State civil or administrative proceeding.

SEC. 417. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

   The Secretary--
          (1) in addition to such consultation as is required 
        in this subtitle, shall consult with Federal agencies 
        with relevant expertise, and may request those Federal 
        agencies to provide technical and analytical support, 
        in implementing this subtitle; and
          (2) may provide reimbursement for such technical and 
        analytical support received as the Secretary determines 
        to be appropriate.

SEC. 418. PENALTIES.

  (a) Judicial Relief.--In a civil action brought in United 
States district court, any owner or operator of a chemical 
source that violates or fails to comply with any order issued 
by the Secretary under this subtitle or a site security plan 
submitted to the Secretary under this subtitle or recognized by 
the Secretary, for each day on which the violation occurs or 
the failure to comply continues, may be subject to--
          (1) an order for injunctive relief; and
          (2) a civil penalty of not more than $50,000.
  (b) Administrative Penalties.--
          (1) Penalty orders.--The Secretary may issue an 
        administrative penalty of not more than $250,000 for 
        failure to comply with an order issued by the Secretary 
        under this subtitle.
          (2) Notice and hearing.--Before issuing an order 
        described in paragraph (1), the Secretary shall provide 
        to the person against whom the penalty is to be 
        assessed--
                  (A) written notice of the proposed order; and
                  (B) the opportunity to request, not later 
                than 30 days after the date on which the person 
                receives the notice, a hearing on the proposed 
                order.
          (3) Procedures.--The Secretary may promulgate 
        regulations outlining the procedures for administrative 
        hearings and appropriate review under this subsection, 
        including necessary deadlines.

SEC. 419. PROTECTION OF INFORMATION.

  (a) Definition of Protected Information.--
          (1) In general.--In this section, the term 
        ``protected information'' means--
                  (A) a vulnerability assessment or site 
                security plan required by subsection (a) or (b) 
                of section 413;
                  (B) any study, analysis, or other document 
                generated by the owner or operator of a 
                chemical source primarily for the purpose of 
                preparing a vulnerability assessment or site 
                security plan (including any alternative 
                approach analysis); or
                  (C) any other information provided to or 
                obtained or obtainable by the Secretary solely 
                for the purposes of this subtitle from the 
                owner or operator of a chemical source that, if 
                released, is reasonably likely to increase the 
                probability or consequences of a terrorist 
                release.
          (2) Other obligations unaffected.--Nothing in this 
        section affects--
                  (A) the handling, treatment, or disclosure of 
                information obtained from a chemical source 
                under any other law;
                  (B) any obligation of the owner or operator 
                of a chemical source to submit or make 
                available information to a Federal, State, or 
                local government agency under, or otherwise to 
                comply with, any other law; or
                  (C) the public disclosure of information 
                derived from protected information, so long as 
                the information disclosed--
                          (i) would not divulge methods or 
                        processes entitled to protection as 
                        trade secrets in accordance with the 
                        purposes of section 1905 of title 18, 
                        United States Code;
                          (ii) does not identify any particular 
                        chemical source; and
                          (iii) is not reasonably likely to 
                        increase the probability or 
                        consequences of a terrorist release, 
                        even if the same information is also 
                        contained in a document referred to in 
                        paragraph (1).
  (b) Disclosure Exemption.--Protected information shall be 
exempt from disclosure under--
          (1) section 552 of title 5, United States Code; and
          (2) any State or local law providing for public 
        access to information.
  (c) Rule of Construction.--Subsection (b) shall not be 
construed to apply to a certificate of compliance or a 
determination of noncompliance under clause (ii) or (iii), 
respectively, of section 413(b)(2)(B).

SEC. 420. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

  Nothing in this subtitle affects any duty or other 
requirement imposed under any other Federal or State law.

           Subtitle B--Critical Infrastructure Prioritization

SEC. 421. CRITICAL INFRASTRUCTURE.

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

SEC. 422. 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 421;
          (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. 423. 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 of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate on the implementation of 
section 422. Such report shall detail--
          (1) the Secretary's review and coordination of 
        security plans under section 422; 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).

           TITLE V--SECURING AIRPORTS, BAGGAGE, AND AIR CARGO

   Subtitle A--Prohibition Against Increase in Security Service Fees

SEC. 501. PROHIBITION AGAINST INCREASE IN SECURITY SERVICE FEES.

  None of the funds authorized under this Act may be derived 
from an increase in security service fees established under 
section 44940 of title 49, United States Code.

                     Subtitle B--Aviation Security

SEC. 511. FEDERAL FLIGHT DECK OFFICERS.

  (a) Training, Supervision, and Equipment.--Section 44921(c) 
of title 49, United States Code, is amended by adding at the 
end the following:
          ``(3) Dates of training.--The Secretary shall ensure 
        that a pilot who is eligible to receive Federal flight 
        deck officer training is offered a choice of training 
        dates and is provided at least 30 days advance notice 
        of the dates.
          ``(4) Travel to training facilities.--The Secretary 
        shall establish a program to improve travel access to 
        Federal flight deck officer training facilities through 
        the use of charter flights or improved scheduled air 
        carrier service.
          ``(5) Requalification and recurrent training.--
                  ``(A) Standards.--The Secretary shall 
                establish qualification standards for 
                facilities where Federal flight deck officers 
                can receive requalification and recurrent 
                training.
                  ``(B) Locations.--The Secretary shall provide 
                for requalification and recurrent training at 
                geographically diverse facilities, including 
                military facilities, Federal, State, and local 
                law enforcement facilities, and private 
                training facilities that meet the qualification 
                standards established under subparagraph (A).
          ``(6) Costs of training.--
                  ``(A) In general.--The Secretary shall 
                provide Federal flight deck officer training, 
                requalification training, and recurrent 
                training to eligible pilots at no cost to the 
                pilots or the air carriers that employ the 
                pilots.
                  ``(B) Transportation and expenses.--The 
                Secretary may provide travel expenses to a 
                pilot receiving Federal flight deck officer 
                training, requalification training, or 
                recurrent training.
          ``(7) Issuance of badges.--Not later than 180 days 
        after the date of enactment of this paragraph, the 
        Secretary shall issue badges to Federal flight deck 
        officers.''.
  (b) Revocation of Deputization of Pilot as Federal Flight 
Deck Officer.--Section 44921(d)(4) of title 49, United States 
Code, is amended to read as follows:
          ``(4) Revocation.--
                  ``(A) Orders.--The Assistant Secretary of 
                Homeland Security (Transportation Security 
                Administration) may issue, for good cause, an 
                order revoking the deputization of a Federal 
                flight deck officer under this section. The 
                order shall include the specific reasons for 
                the revocation.
                  ``(B) Hearings.--An individual who is 
                adversely affected by an order of the Assistant 
                Secretary under subparagraph (A) is entitled to 
                a hearing on the record. When conducting a 
                hearing under this section, the administrative 
                law judge shall not be bound by findings of 
                fact or interpretations of laws and regulations 
                of the Assistant Secretary.
                  ``(C) Appeals.--An appeal from a decision of 
                an administrative law judge as a result of a 
                hearing under subparagraph (B) shall be made to 
                the Secretary or the Secretary's designee.
                  ``(D) Judicial review of a final order.--The 
                determination and order of the Secretary 
                revoking the deputization of a Federal flight 
                deck officer under this section shall be final 
                and conclusive unless the individual against 
                whom such an order is issued files an 
                application for judicial review, not later than 
                60 days following the date of entry of such 
                order, in the appropriate United States court 
                of appeals.''.
  (c) Federal Flight Deck Officer Firearm Carriage Pilot 
Program.--Section 44921(f) of title 49, United States Code, is 
amended by adding at the end the following:
          ``(4) Pilot program.--
                  ``(A) In general.--Not later than 90 days 
                after the date of enactment of this paragraph, 
                the Secretary shall implement a pilot program 
                to allow pilots participating in the Federal 
                flight deck officer program to transport their 
                firearms on their persons. The Secretary may 
                prescribe any training, equipment, or 
                procedures that the Secretary determines 
                necessary to ensure safety and maximize weapon 
                retention.
                  ``(B) Review.--Not later than 1 year after 
                the date of initiation of the pilot program, 
                the Secretary shall conduct a review of the 
                safety record of the pilot program and transmit 
                a report on the results of the review to 
                Congress.
                  ``(C) Option.--If the Secretary as part of 
                the review under subparagraph (B) determines 
                that the safety level obtained under the pilot 
                program is comparable to the safety level 
                determined under existing methods of pilots 
                carrying firearms on aircraft, the Secretary 
                shall allow all pilots participating in the 
                Federal flight deck officer program the option 
                of carrying their firearm on their person 
                subject to such requirements as the Secretary 
                determines appropriate.''.
  (d) References to Under Secretary.--Section 44921 of title 
49, United States Code, is amended--
          (1) in subsection (a) by striking ``Under Secretary 
        of Transportation for Security'' and inserting 
        ``Secretary of Homeland Security'';
          (2) by striking ``Under Secretary'' each place it 
        appears and inserting ``Secretary''; and
          (3) by striking ``Under Secretary's'' each place it 
        appears and inserting ``Secretary's''.

SEC. 512. LETTERS OF INTENT.

  (a) Installation of Eds Systems.--Section 44923(d) of title 
49, United States Code, is amended by adding at the end the 
following:
          ``(7) Installation of eds systems.--Upon the request 
        of a sponsor for an airport, the Assistant Secretary 
        for Homeland Security (Transportation Security 
        Administration) shall revise a letter of intent issued 
        under this subsection to provide for reimbursement of 
        such additional costs as may be necessary to achieve 
        complete in-line explosive detection system 
        installation at the airport.''.
  (b) Federal Share.--Section 44923(e) of title 49, United 
States Code, is amended by adding at the end the following:
          ``(3) Deadline for revisions.--The Assistant 
        Secretary for Homeland Security (Transportation 
        Security Administration) shall revise letters of intent 
        referred to in paragraph (2) not later than 30 days 
        after the date of enactment of this paragraph.
          ``(4) Extension of reimbursement schedules.--If the 
        Assistant Secretary considers it necessary and 
        appropriate due to fiscal constraints in any fiscal 
        year, the Assistant Secretary, for purposes of ensuring 
        reimbursement of the Federal share as provided in 
        paragraph (1), may revise a letter of intent issued 
        under this section to extend the reimbursement schedule 
        for one or more fiscal years.''.

SEC. 513. AVIATION SECURITY CAPITAL FUND.

  (a) In General.--Section 44923(h)(1) of title 49, United 
States Code, is amended--
          (1) in the second sentence by striking ``in each of 
        fiscal years 2004 through 2007'' and inserting ``in 
        each of fiscal years 2004 and 2005, and $650,000,000 in 
        each of fiscal years 2006 and 2007,''; and
          (2) in the third sentence by striking ``at least 
        $250,000,000 in each of such fiscal years'' and 
        inserting ``at least $250,000,000 in each of fiscal 
        years 2004 and 2005, and at least $650,000,000 in each 
        of fiscal years 2006 and 2007,'' .
  (b) Discretionary Grants.--Section 44923(h)(3) of such title 
is amended by striking ``for a fiscal year, $125,000,000'' and 
inserting ``, $125,000,000 for each of fiscal years 2004 and 
2005, and $525,000,000 for each of fiscal years 2006 and 
2007,''.

SEC. 514. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.

   Section 44940 of title 49, United States Code, is amended--
          (1) in subsection (d)(4) by inserting ``, other than 
        subsection (i),'' before ``except to''; and
          (2) by adding at the end the following:
  ``(i) Checkpoint Screening Security Fund.--
          ``(1) Establishment.--There is established in the 
        Department of Homeland Security a fund to be known as 
        the `Checkpoint Screening Security Fund'.
          ``(2) Deposits.--In fiscal year 2006, after amounts 
        are made available under section 44923(h), the next 
        $250,000,000 derived from fees received under 
        subsection (a)(1) shall be available to be deposited in 
        the Fund.
          ``(3) Fees.--The Secretary of Homeland Security shall 
        impose the fee authorized by subsection (a)(1) so as to 
        collect at least $250,000,000 in fiscal year 2006 for 
        deposit into the Fund.
          ``(4) Availability of amounts.--Amounts in the Fund 
        shall be available until expended for the purchase, 
        deployment, and installation of equipment to improve 
        the ability of security screening personnel at 
        screening checkpoints to detect explosives.''.

SEC. 515. FLIGHT COMMUNICATIONS.

  Section 4021 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (118 Stat. 3723) is amended by adding at 
the end the following:
  ``(d) Flight Communication.--
          ``(1) Study.--To expand the purposes of the study 
        under subsection (a), the Assistant Secretary shall 
        conduct a study on the viability of devices to enable 
        discreet, wireless communications between flight 
        attendants, pilots, Federal air marshals, and ground-
        based personnel during a passenger commercial aircraft 
        flight to improve coordination of planning and 
        activities in the event of an act of terrorism.
          ``(2) Report.--Not later than 180 days after the date 
        of enactment of this subsection, the Assistant 
        Secretary shall transmit to Congress a report on the 
        results of the study conducted under this 
        subsection.''.

SEC. 516. AIRPORT SITE ACCESS AND PERIMETER SECURITY.

  (a) Sense of Congress.--It is the sense of Congress that the 
security directives issued by the Acting Administrator of the 
Transportation Security Administration on July 6, 2004, 
regarding security measures concerning access to sensitive 
airport areas constitute an improvement over current practice 
but are not sufficient to provide adequate airport access 
controls.
  (b) Access to Sterile Areas.--Not later than 6 months after 
the date of enactment of this Act, the Secretary of Homeland 
Security shall require airport personnel including individuals 
employed in positions such as aircraft maintenance, catering 
personnel, aircraft cargo handlers, aircraft workers with 
access to an aircraft ramp, aircraft support facilities 
personnel, and personnel of airport vendors, accessing airport 
sterile areas from unrestricted areas to undergo security 
screening equivalent to screening of passengers and carry-on 
baggage each time any of these airport personnel enter a 
sterile area from an unrestricted area. The Secretary may issue 
a waiver of this provision on an airport-by-airport basis, 
subject to the following requirements:
          (1) The Secretary shall promptly notify Congress of 
        any waivers granted under this section, the purpose for 
        which such waivers were granted, and the duration of 
        the waiver.
          (2) Under no circumstances shall a waiver be granted 
        for more than 7 days, although the Secretary may issue 
        as many waivers to an airport as is deemed appropriate 
        by the Secretary. In the event of multiple waivers, the 
        Secretary shall provide to Congress an estimate of when 
        the airport will be in compliance with this subsection.
  (c) Background Checks for Workers.--The Secretary shall 
ensure that all unescorted airport personnel accessing airport 
sterile and secured areas have successfully undergone a 
background check. The background checks required under this 
section shall include, at a minimum:
          (1) A fingerprint-based criminal history records 
        check, or, if such a check is not possible, a check of 
        the National Criminal Information Center.
          (2) A local criminal history check.
          (3) Verification of previous employment.
          (4) Verification of identity, to include, but not be 
        limited to, social security number.
          (5) A check of all terrorist watch lists operated by 
        the Federal Government, or upon certification by the 
        Secretary that it is suitably comprehensive, the 
        terrorist watch list operated by the Terrorist 
        Screening Center.
This subsection shall apply to all airport personnel hired more 
than 3 months after the date of enactment of this Act and for 
all airport personnel, regardless of the date on which they 
were hired, no more than one year after such date of enactment.
  (d) Report.--The Administrator of the Transportation Security 
Administration shall submit to Congress, no later than January 
31, 2005, a report that contains a description of ongoing 
efforts and projected timelines for--
          (1) developing and implementing uniform screening 
        standards for airport personnel with access to sterile 
        areas;
          (2) completing an assessment of available 
        technologies that are applicable to securing airport 
        perimeters and making this information available to 
        airport operators; and
          (3) developing and implementing a standardized 
        approach to conducting airport vulnerability 
        assessments and compliance inspections.
  (e) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to provide passengers, airport 
workers, or other personnel not granted regular access to 
secure areas before the date of enactment of this Act authority 
to do so, regardless of whether such person has undergone 
security screening.
  (f) Definitions.--In this section, the following definitions 
apply:
          (1) Sterile area.--The term ``sterile area'' means 
        any part of an airport that is regularly accessible to 
        passengers after having cleared a passenger security 
        screening checkpoint.
          (2) Secure area.--The term ``secure area'' means 
        parts of an airport complex not typically accessible to 
        passengers, including areas outside of terminal 
        buildings, baggage handling and loading areas, parked 
        aircraft, runways, air control towers, and similar 
        areas.
          (3) Airport personnel.--The term ``airport 
        personnel'' shall mean those persons, whether employed 
        by the airport, air carriers, or by companies that 
        conduct business in airports.
  (g) Authorization of Appropriations.--Of the amount 
authorized under section 901, there is authorized to be 
appropriated such sums as may be necessary to carry out this 
section. Except as provided in the preceding sentence, this 
section shall have no force or affect.

SEC. 517. MANPAD COUNTERMEASURE RESEARCH.

  (a) In General.--In addition to research on air-based MANPAD 
countermeasures, the Secretary of Homeland Security shall 
conduct research on alternate technologies, including ground-
based countermeasures.
  (b) Authorization of Appropriations.--There is authorized to 
be appropriated $115,000,000 for fiscal year 2006 to carry out 
this section.

SEC. 518. AIR CHARTER AND GENERAL AVIATION OPERATIONS AT RONALD REAGAN 
                    WASHINGTON NATIONAL AIRPORT.

  Notwithstanding any law, regulation, or agency policy or 
directive that has the effect of generally prohibiting general 
aviation aircraft from landing at Ronald Reagan Washington 
National Airport, not later than 60 days after the date of 
enactment of this Act, the Secretary of Transportation, acting 
through the Federal Aviation Administration, in consultation 
with the Secretary of Homeland Security, shall permit the 
resumption of nonscheduled, commercial air carrier air charter 
and general aviation operations at Ronald Reagan Washington 
National Airport. In complying with the requirements of this 
section, the Secretary of Transportation shall consult with the 
general aviation industry.

SEC. 519. INSPECTION OF CARGO CARRIED ABOARD COMMERCIAL AIRCRAFT.

  (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
implement a system that uses equipment, technology, personnel, 
and other means to inspect 35 percent of cargo transported in 
passenger aircraft operated by an air carrier or foreign air 
carrier in air transportation or intrastate transportation. At 
a minimum, this system shall meet the same standards as those 
established by the Secretary for equipment, technology, and 
personnel used to screen passenger baggage. Within 2 years 
after the date of the enactment of this Act, the Secretary 
shall use this system to inspect at least 65 percent of cargo 
transported in passenger aircraft. Not later than three years 
after the date of enactment of this Act, the Secretary shall 
use this system to inspect at least 100 percent of cargo 
transported in passenger aircraft. 
  (b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit to the 
Congress a report describing the system established under 
subsection (a).

                TITLE VI--SECURING TRAINS ACROSS AMERICA

                  Subtitle A--Public Transit Security

SEC. 601. SHORT TITLE.

  This subtitle may be cited as the ``Safe Transit and Rail 
Awareness and Investments for National Security Act of 2005'' 
or the ``Safe TRAINS Act''.

SEC. 602. HOMELAND SECURITY PUBLIC TRANSPORTATION GRANTS.

  (a) Authorization.--The Secretary of Homeland Security is 
authorized to make grants for the purpose of improving the 
security of public transportation systems against acts of 
terrorism. The grant program shall be administered by the 
Director of the Office of Domestic Preparedness to ensure that 
the program is consistent with other Department of Homeland 
Security grant programs.
  (b) Considerations.--Among the considerations on which grants 
shall be awarded under this section are the following:
          (1) Risk of terrorism, including threat assessment, 
        vulnerabilities of public transportation systems, 
        potential effects of acts of terrorism against public 
        transportation systems, and past acts of terrorism 
        against modes of transportation.
          (2) Merits of the proposed projects to increase 
        national security, based on a consideration of--
                  (A) threats;
                  (B) vulnerabilities;
                  (C) consequences, including human casualties 
                and economic impacts;
                  (D) consequence management;
                  (E) the likelihood that such projects would 
                have been pursued in the normal course of 
                business and in the absence of national 
                security considerations; and
                  (F) feasibility, based on the technical and 
                operational merits of the projects.
  (c) Allowable Use of Funds.--Grants made under this section 
shall be used for the purposes of--
          (1) support for increased capital investments in 
        cameras, close-circuit television, and other 
        surveillance systems;
          (2) increased capital investment in command, control, 
        and communications systems, including investments for 
        redundancy and interoperability and for improved 
        situational awareness, such as emergency call boxes and 
        vehicle locator systems;
          (3) increased training, including for carrying out 
        exercises under section 603, and technical support for 
        public transportation employees, especially for 
        security awareness, prevention, and emergency response, 
        including evacuation and decontamination;
          (4) expanded deployment of equipment and other 
        measures, including canine detection teams, for the 
        detection of explosives and chemical, biological, 
        radiological, and nuclear agents;
          (5) capital improvements and operating activities, 
        including personnel expenditures, to increase the 
        physical security of stations, vehicles, bridges, and 
        tunnels;
          (6) capital improvements and operating activities to 
        improve passenger survivability in the event of an 
        attack, including improvements in ventilation, 
        drainage, fire safety technology, emergency 
        communications systems, lighting systems, passenger 
        egress, and accessibility by emergency response 
        personnel;
          (7) acquisition of emergency response and support 
        equipment, including fire suppression and 
        decontamination equipment; and
          (8) expansion of employee education and public 
        awareness campaigns regarding security on public 
        transportation systems.
  (d) Eligible Recipients.--Grants shall be made available 
under this section directly to owners, operators, and providers 
of public transportation systems. Owners, operators, and 
providers of infrastructure over which public transportation 
operates, but which is not primarily used for public 
transportation, may also be eligible for grants at the 
discretion of the Secretary.
  (e) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under 
this section are expended in accordance with the purposes of 
this subtitle and the priorities and other criteria developed 
by the Secretary. If the Secretary determines that a recipient 
has used any portion of the grant funds received under this 
section for a purpose other than the allowable uses specified 
for that grant under this section, the grantee shall return any 
amount so used to the Treasury of the United States.
  (f) Procedures for Grant Award.--The Secretary shall 
prescribe procedures and schedules for the awarding of grants 
under this section, including application and qualification 
procedures, and a record of decision on applicant eligibility. 
The Secretary shall issue a final rule establishing the 
procedures not later than 90 days after the date of enactment 
of this Act.
  (g) Cost Share.--Grants made under this section shall account 
for no more than--
          (1) 85 percent for fiscal year 2006;
          (2) 80 percent for fiscal year 2007; and
          (3) 75 percent for fiscal year 2008,
of the expense of the purposes for which the grants are used.
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary to carry out the purposes of 
this section--
          (1) $1,200,000,000 for fiscal year 2006;
          (2) $900,000,000 for fiscal year 2007; and
          (3) $700,000,000 for fiscal year 2008.
Amounts appropriated pursuant to this subsection shall remain 
available until expended.

SEC. 603. TRAINING EXERCISES.

  (a) Guidelines.--Not later than 4 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
publish guidelines for the conduct by recipients of grants 
under section 602 of appropriate exercises for emergency 
response and public transportation employee training purposes.
  (b) Plans.--Not later than 6 months after receipt of a grant 
under section 602, the recipient of such grant shall transmit 
to the Secretary its emergency response plan as well as a plan 
for conducting exercises for emergency response and public 
transportation employee training purposes pursuant to the 
guidelines published under subsection (a).
  (c) Exercises.--
          (1) Requirement.--Not later than 1 year after receipt 
        of a grant under section 602, the recipient of such 
        grant shall conduct an exercise pursuant to the plan 
        for conducting exercises transmitted under subsection 
        (b).
          (2) Exemptions.--The Secretary may exempt a grant 
        recipient from the requirement under paragraph (1) if 
        the recipient has recently conducted an equivalent 
        exercise.
          (3) Notice and report.--Not later than 30 days after 
        conducting an exercise under paragraph (1) or as 
        described in paragraph (2), the recipient shall notify 
        the Secretary that such exercise has been completed, 
        including a description of the results of the exercise 
        and findings and lessons learned from the exercise, and 
        shall make recommendations for changes, if necessary, 
        to existing emergency response plans. If the recipient 
        revises an emergency response plan as a result of an 
        exercise under this subsection, the recipient shall 
        transmit the revised plan to the Secretary not later 
        than 6 months after the date of the exercise.
  (d) Technical Assistance.--The Secretary shall provide 
technical assistance in the design, preparation for, and 
conduct of emergency response exercises.
  (e) Use of Plans.--The Secretary shall ensure that 
information submitted to the Secretary under this section is 
protected from any form of disclosure that might compromise 
public transportation security or trade secrets. 
Notwithstanding the preceding sentence, the Secretary may use 
such information, on a nonattributed basis unless otherwise 
agreed to by the source of the information, to aid in 
developing recommendations, best practices, and materials for 
use by public transportation authorities to improve security 
practices and emergency response capabilities.

SEC. 604. 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. 605. 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.

SEC. 606. NATIONAL TRANSPORTATION SECURITY CENTERS.

  (a) Establishment.--The Secretary of Homeland Security, 
working jointly with the Secretary of Transportation, shall 
establish more than 1 but not more than 4 National 
Transportation Security Centers at institutions of higher 
education to assist in carrying out this subtitle, to conduct 
research and education activities, and to develop or provide 
professional training, including the training of public 
transportation employees and public transportation-related 
professionals, with emphasis on utilization of intelligent 
transportation systems, technologies, and architectures.
  (b) Criteria.--The Secretary shall designate the Centers 
according to the following selection criteria:
          (1) The demonstrated commitment of the institution to 
        transportation security issues.
          (2) The use of and experience with partnerships with 
        other institutions of higher education, Federal 
        laboratories, or other nonprofit laboratories.
          (3) Capability to conduct both practical and 
        theoretical research and technical systems analysis.
          (4) Utilization of intelligent transportation system 
        technologies and architectures.
          (5) Ability to develop professional training 
        programs.
          (6) Capability and willingness to conduct education 
        of transportation security professionals.
          (7) Such other criteria as the Secretary may 
        designate.
  (c) Funding.--The Secretary shall provide such funding as is 
necessary to the National Transportation Security Centers 
established under subsection (a) to carry out this section.

SEC. 607. WHISTLEBLOWER PROTECTIONS.

  (a) In General.--No covered individual may be discharged, 
demoted, suspended, threatened, harassed, reprimanded, 
investigated, or in any other manner discriminated against 
(including by a denial, suspension, or revocation of a security 
clearance or by any other security access determination) if 
such discrimination is due, in whole or in part, to any lawful 
act done, perceived to have been done, or intended to be done 
by the covered individual--
          (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation 
        regarding any conduct which the covered individual 
        reasonably believes constitutes a violation of any law, 
        rule or regulation relating to national or homeland 
        security, which the covered individual reasonably 
        believes constitutes a threat to national or homeland 
        security, or which the covered individual reasonably 
        believes constitutes fraud, waste or mismanagement of 
        Government funds intended to be used for national or 
        homeland security, when the information or assistance 
        is provided to or the investigation is conducted by--
                  (A) a Federal, State or local regulatory or 
                law enforcement agency (including an office of 
                Inspector General under the Inspector General 
                Act of 1978);
                  (B) any Member of Congress, any committee of 
                Congress, or the Government Accountability 
                Office; or
                  (C) a person with supervisory authority over 
                the covered individual (or such other person 
                who has the authority to investigate, discover, 
                or terminate misconduct);
          (2) to file, cause to be filed, testify, participate 
        in, or otherwise assist in a proceeding or action filed 
        or about to be filed relating to an alleged violation 
        of any law, rule or regulation relating to national or 
        homeland security; or
          (3) to refuse to violate or assist in the violation 
        of any law, rule, or regulation relating to national or 
        homeland security.
  (b) Enforcement Action.--
          (1) In general.--A covered individual who alleges 
        discharge or other discrimination by any person in 
        violation of subsection (a) may seek relief under 
        subsection (c) by--
                  (A) filing a complaint with the Secretary of 
                Labor; or
                  (B) if the Secretary has not issued a final 
                decision within 180 days after the filing of 
                the complaint and there is no showing that such 
                delay is due to the bad faith of the claimant, 
                bringing an action at law or equity for de novo 
                review in the appropriate district court of the 
                United States, which shall have jurisdiction 
                over such an action without regard to the 
                amount in controversy.
          (2) Procedure.--
                  (A) In general.--An action under paragraph 
                (1)(A) shall be governed under the rules and 
                procedures set forth in section 42121(b) of 
                title 49, United States Code.
                  (B) Exception.--Notification made under 
                section 42121(b)(1) of title 49, United States 
                Code, shall be made to the person named in the 
                complaint and to the person's employer.
                  (C) Burdens of proof.--An action brought 
                under paragraph (1)(B) shall be governed by the 
                legal burdens of proof set forth in section 
                42121(b) of title 49, United States Code.
                  (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 
                1 year after the date on which the violation 
                occurs.
  (c) Remedies.--
          (1) In general.--A covered individual prevailing in 
        any action under subsection (b)(1) shall be entitled to 
        all relief necessary to make the covered individual 
        whole.
          (2) Damages.--Relief for any action under paragraph 
        (1) shall include--
                  (A) reinstatement with the same seniority 
                status that the covered individual would have 
                had, but for the discrimination;
                  (B) the amount of any back pay, with 
                interest;
                  (C) compensation for any special damages 
                sustained as a result of the discrimination, 
                including litigation costs, expert witness 
                fees, and reasonable attorney fees; and
                  (D) punitive damages in an amount not to 
                exceed the greater of 3 times the amount of any 
                compensatory damages awarded under this section 
                or $5,000,000.
  (d) State Secrets Privilege.--If, in any action brought under 
subsection (b)(1)(B), the Government asserts as a defense the 
privilege commonly referred to as the ``state secrets 
privilege'' and the assertion of such privilege prevents the 
plaintiff from establishing a prima facie case in support of 
the plaintiff's claim, the court shall enter judgment for the 
plaintiff and shall determine the relief to be granted.
  (e) Criminal Penalties.--
          (1) In general.--It shall be unlawful for any person 
        employing a covered individual to commit an act 
        prohibited by subsection (a). Any person violating this 
        paragraph shall be fined under title 18 of the United 
        States Code, imprisoned not more than 10 years, or 
        both.
          (2) Reporting requirement.--The Department of Justice 
        shall submit to Congress an annual report on the 
        enforcement of paragraph (1). Each such report shall 
        (A) identify each case in which formal charges under 
        paragraph (1) were brought, (B) describe the status or 
        disposition of each such case, and (C) in any actions 
        under subsection (b)(1)(B) in which the covered 
        individual was the prevailing party or the 
        substantially prevailing party, indicate whether or not 
        any formal charges under paragraph (1) have been 
        brought and, if not, the reasons therefor.
  (f) Rights Retained by Covered Individual.--Nothing in this 
section shall be deemed to diminish the rights, privileges, or 
remedies of any covered individual under any Federal or State 
law, or under any collective bargaining agreement. The rights 
and remedies in this section may not be waived by any 
agreement, policy, form, or condition of employment.
  (g) Definitions.--For purposes of this section--
          (1) the term ``covered individual'' means an employee 
        of--
                  (A) the Department of Homeland Security 
                (which, for purposes of this section, includes 
                the Transportation Security Administration);
                  (B) a Federal contractor or subcontractor; 
                and
                  (C) an employer within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e(b));
          (2) the term ``lawful'' means not specifically 
        prohibited by law, except that, in the case of any 
        information the disclosure of which is specifically 
        prohibited by law or specifically required by Executive 
        order to be kept secret in the interest of national 
        defense or the conduct of foreign affairs, any 
        disclosure of such information to any Member of 
        Congress, committee of Congress, or other recipient 
        authorized to receive such information, shall be deemed 
        lawful;
          (3) the term ``Federal contractor'' means a person 
        who has entered into a contract with the Department of 
        Homeland Security;
          (4) the term ``employee'' means--
                  (A) with respect to an employer referred to 
                in paragraph (1)(A), an employee as defined by 
                section 2105 of title 5, United States Code; 
                and
                  (B) with respect to an employer referred to 
                in subparagraph (A) or (B) of paragraph (1), 
                any officer, partner, employee, or agent;
          (5) the term ``subcontractor''--
                  (A) means any person, other than the Federal 
                contractor, who offers to furnish or furnishes 
                any supplies, materials, equipment, or services 
                of any kind under a contract with the 
                Department of Homeland Security or a 
                subcontract entered into in connection with 
                such a contract; and
                  (B) includes any person who offers to furnish 
                or furnishes general supplies to the Federal 
                contractor or a higher tier subcontractor; and
          (6) the term ``person'' means a corporation, 
        partnership, State entity, business association of any 
        kind, trust, joint-stock company, or individual.
  (h) Terms and Conditions.--A grant under this subtitle shall 
be subject to terms and conditions of section 5333 of title 49, 
United States Code.
  (i) Authorization of Funds.--Of the amounts authorized under 
section 101, there is authorized to be appropriated amounts 
necessary for carrying out this section. Except as provided in 
the preceding sentence, this section shall have no force or 
effect.

SEC. 608. DEFINITION.

  In this subtitle, the following definitions apply:
          (1) Public transportation employees.--The term 
        ``public transportation employees'' means security 
        personnel, dispatchers, vehicle and vessel operators, 
        other onboard employees, maintenance and support 
        personnel, and other appropriate employees of owners, 
        operators, and providers of public transportation 
        systems.
          (2) Public transportation systems.--The term ``public 
        transportation systems'' means passenger, commuter, and 
        light rail, including subways, buses, commuter ferries, 
        and other modes of public transit.

SEC. 609. MEMORANDUM OF AGREEMENT.

  (a) Requirement to Work Jointly.--The Secretary of Homeland 
Security shall work jointly with the Secretary of 
Transportation in carrying out this subtitle.
  (b) Memorandum.--Within 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security and 
the Secretary of Transportation shall execute a memorandum of 
agreement governing the roles and responsibilities of the 
Department of Homeland Security and the Department of 
Transportation, respectively in addressing public 
transportation security matters, including the process their 
department will follow to carry out this subtitle and promote 
communications, efficiency, and nonduplication of effort.

                       Subtitle B--Rail Security

SEC. 611. SHORT TITLE.

  This subtitle may be cited as the ``Rail Security Act of 
2005''.

                      CHAPTER 1--RAILROAD SECURITY


SEC. 621. RAILROAD TRANSPORTATION SECURITY.

  (a) In General.--
          (1) Requirements.--The Secretary shall develop, 
        prepare, implement, and update--
                  (A) a railroad security assessment under 
                subsection (b)(1);
                  (B) a railroad security plan under subsection 
                (b)(2);
                  (C) prioritized recommendations for improving 
                railroad security under subsection (d);
                  (D) guidance for the rail worker security 
                training program as authorized by section 624; 
                and
                  (E) a national plan for public outreach and 
                awareness for improving railroad security as 
                authorized by section 627.
          (2) Role of secretary of transportation.--The 
        Secretary shall work jointly with the Secretary of 
        Transportation, in developing, preparing, revising, 
        implementing, and updating the documents required by 
        paragraph (1).
          (3) Memorandum of agreement.--Within 60 days after 
        the date of enactment of this Act, the Secretary and 
        the Secretary of Transportation shall execute a 
        memorandum of agreement governing the roles and 
        responsibilities of the Department of Homeland Security 
        and the Department of Transportation, respectively, in 
        addressing railroad transportation security matters, 
        including the processes the departments will follow to 
        carry out this chapter and promote communications, 
        efficiency, and nonduplication of effort.
  (b) Security Assessment.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        complete the security assessment of railroad 
        transportation required under subsection (a)(1). The 
        security assessment shall include--
                  (A) identification and evaluation of critical 
                railroad assets and infrastructures;
                  (B) identification of threats to those assets 
                and infrastructures;
                  (C) identification of vulnerabilities that 
                are specific to the transportation of hazardous 
                materials by railroad;
                  (D) identification of redundant and backup 
                systems required to ensure the continued 
                operation of critical elements of the railroad 
                system in the event of an attack or other 
                incident, including disruption of commercial 
                electric power or communications networks; and
                  (E) identification of security weaknesses in 
                passenger and cargo security, transportation 
                infrastructure, protection systems (including 
                passenger and cargo screening), procedural 
                policies, communications systems, employee 
                training, emergency response planning, and any 
                other area identified by the assessment.
          (2) Security plan.--The Secretary shall use the 
        security assessment completed under paragraph (1) to 
        develop a transportation modal security plan under 
        section 114(t)(1)(B) of title 49, United States Code, 
        for the security of the Nation's railroads. The plan 
        shall--
                  (A) establish a strategy for minimizing 
                terrorist threats to railroad transportation 
                systems;
                  (B) establish a strategy for maximizing the 
                efforts of railroads to mitigate damage from 
                terrorist attacks;
                  (C) require the Federal Government to provide 
                increased security support at high or severe 
                threat levels of alert;
                  (D) set forth procedures for establishing and 
                maintaining permanent and comprehensive 
                consultative relations among the parties 
                described in subsection (c);
                  (E) include a contingency plan to ensure the 
                continued movement of freight and passengers in 
                the event of an attack affecting the railroad 
                system, which shall contemplate--
                          (i) the possibility of rerouting 
                        traffic due to the loss of critical 
                        infrastructure, such as a bridge, 
                        tunnel, yard, or station; and
                          (ii) methods of continuing railroad 
                        service in the Northeast Corridor in 
                        the event of a commercial power loss, 
                        or catastrophe affecting a critical 
                        bridge, tunnel, yard, or station; and
                  (F) account for actions taken or planned by 
                both public and private entities to address 
                security issues identified under paragraph (1) 
                and assess the effective integration of such 
                actions.
  (c) Consultation.--In developing the plan under subsection 
(b)(2) and the recommendations under subsection (d), the 
Secretary and the Secretary of Transportation shall consult 
with the freight and passenger railroad carriers, nonprofit 
employee organizations representing rail workers, nonprofit 
employee organizations representing emergency responders, 
owners or lessors of rail cars used to transport hazardous 
materials, shippers of hazardous materials, manufacturers of 
rail tank cars, State Departments of Transportation, public 
safety officials, and other relevant parties.
  (d) Recommendations.--The Secretary shall develop prioritized 
recommendations for improving railroad security, including 
recommendations for--
          (1) improving the security of rail tunnels, rail 
        bridges, rail switching and car storage areas, other 
        rail infrastructure and facilities, information 
        systems, and other areas identified as posing 
        significant railroad-related risks to public safety and 
        the movement of interstate commerce, taking into 
        account the impact that any proposed security measure 
        might have on the provision of railroad service;
          (2) deploying surveillance equipment;
          (3) deploying equipment to detect explosives and 
        hazardous chemical, biological, and radioactive 
        substances, and any appropriate countermeasures;
          (4) installing redundant and backup systems to ensure 
        the continued operation of critical elements of the 
        railroad system in the event of an attack or other 
        incident, including disruption of commercial electric 
        power or communications networks;
          (5) conducting public outreach campaigns on passenger 
        railroads; and
          (6) identifying the immediate and long-term costs of 
        measures that may be required to address those risks.
  (e) Report.--
          (1) Contents.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall transmit 
        to the Committee on Transportation and Infrastructure 
        and the Committee on Homeland Security of the House of 
        Representatives and to the Committee on Commerce, 
        Science, and Transportation of the Senate a report 
        containing the security assessment, plan, and 
        prioritized recommendations required by this section, 
        along with an estimate of the cost to implement such 
        recommendations.
          (2) Format.--The report may be submitted in a 
        classified format if the Secretary determines that such 
        action is necessary.
  (f) Periodic Updates.--The Secretary shall update the 
railroad security assessment, security plan, and prioritized 
recommendations for improving railroad security under 
subsection (a), and the guidance for a railroad worker security 
training program under section 105, every 2 years and submit a 
report, which may be submitted in both classified and redacted 
formats, to the Committee on Transportation and Infrastructure 
and the Committee on Homeland Security of the House of 
Representatives and to the Committee on Commerce, Science, and 
Transportation of the Senate not less frequently than April 1 
of each even-numbered year.
  (g) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary $10,000,000 for the purpose of 
carrying out this section.

SEC. 622. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

  (a) Security Improvement Grants.--The Secretary, in 
coordination with the Secretary of Transportation, is 
authorized to make grants to freight and passenger railroad 
carriers, nonprofit employee organizations that represent rail 
workers, shippers of hazardous materials by rail, owners of 
rail cars used in the transportation of hazardous materials, 
manufacturers of rail tank cars, and State and local 
governments, for costs incurred in the conduct of activities to 
prevent or respond to acts of terrorism or sabotage against 
railroads, or other railroad security threats, including--
          (1) perimeter protection systems, including access 
        control, installation of better lighting, fencing, and 
        barricades at railroad facilities;
          (2) structural modification or replacement of rail 
        cars transporting hazardous materials to improve their 
        resistance to acts of terrorism;
          (3) technologies for reduction of tank car 
        vulnerability;
          (4) security improvements to passenger railroad 
        stations, trains, and infrastructure;
          (5) tunnel protection systems;
          (6) evacuation improvements;
          (7) inspection technologies, including verified 
        visual inspection technologies using hand-held readers 
        and discs;
          (8) security and redundancy for critical 
        communications, computer, and train control systems 
        essential for secure railroad operations or to continue 
        railroad operations after an attack impacting railroad 
        operations;
          (9) train tracking and interoperable communications 
        systems;
          (10) chemical, biological, radiological, or explosive 
        detection systems and devices;
          (11) surveillance equipment;
          (12) additional police and security officers, 
        including canine units;
          (13) accommodation of cargo or passenger screening 
        equipment;
          (14) employee security awareness, preparedness, and 
        response training (including compliance with section 
        625);
          (15) public security awareness campaigns;
          (16) emergency response equipment, including fire 
        suppression and decontamination equipment; and
          (17) other improvements recommended by the report 
        required by section 621, including infrastructure, 
        facilities, and equipment upgrades.
  (b) Conditions.--The Secretary shall require recipients of 
funds for construction under this section and section 623 of 
this Act to apply the standards of section 24312 of title 49, 
United States Code, as in effect on September 1, 2004, with 
respect to the construction in the same manner as Amtrak is 
required to comply with such standards for construction work 
financed under an agreement made under section 24308(a) of such 
title 49.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary $600,000,000 to carry out the 
purposes of this section, of which $100,000,000 shall be used 
by the Secretary for making grants to Amtrak, in accordance 
with this section. Amounts appropriated pursuant to this 
subsection shall remain available until expended.

SEC. 623. FIRE AND LIFE-SAFETY IMPROVEMENTS.

  (a) Life-Safety Needs.--There are authorized to be 
appropriated to Amtrak for the purposes of carrying out this 
section the following amounts:
          (1) For the 6 New York tunnels to provide 
        ventilation, electrical, and fire safety technology 
        upgrades, emergency communication and lighting systems, 
        and emergency access and egress for passengers--
                  (A) $100,000,000 for fiscal year 2006;
                  (B) $100,000,000 for fiscal year 2007;
                  (C) $100,000,000 for fiscal year 2008;
                  (D) $100,000,000 for fiscal year 2009; and
                  (E) $170,000,000 for fiscal year 2010.
          (2) For the Baltimore & Potomac Tunnel and the Union 
        Tunnel, together, to provide adequate drainage, 
        ventilation, communication, lighting, and passenger 
        egress upgrades--
                  (A) $10,000,000 for fiscal year 2006;
                  (B) $10,000,000 for fiscal year 2007;
                  (C) $10,000,000 for fiscal year 2008;
                  (D) $10,000,000 for fiscal year 2009; and
                  (E) $17,000,000 for fiscal year 2010.
          (3) For the Washington, District of Columbia, Union 
        Station Tunnels to improve ventilation, communication, 
        lighting, and passenger egress upgrades--
                  (A) $8,000,000 for fiscal year 2006;
                  (B) $8,000,000 for fiscal year 2007;
                  (C) $8,000,000 for fiscal year 2008;
                  (D) $8,000,000 for fiscal year 2009; and
                  (E) $8,000,000 for fiscal year 2010.
  (b) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.

SEC. 624. RAIL SECURITY RESEARCH AND DEVELOPMENT PROGRAM.

  (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program 
for the purpose of improving railroad security that may include 
research and development projects to--
          (1) reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous 
        chemical, biological, and radioactive substances;
          (2) test new emergency response techniques and 
        technologies;
          (3) develop improved freight technologies, 
        including--
                  (A) technologies for sealing rail cars;
                  (B) automatic inspection of rail cars; and
                  (C) communication-based train controls;
          (4) test wayside detectors that can detect tampering 
        with railroad equipment;
          (5) support enhanced security for the transportation 
        of hazardous materials by rail, including--
                  (A) technologies to detect a breach in a tank 
                car and transmit information about the 
                integrity of tank cars to the train crew;
                  (B) research to improve tank car integrity; 
                and
                  (C) techniques to transfer hazardous 
                materials from rail cars that are damaged or 
                otherwise represent an unreasonable risk to 
                human life or public safety; and
          (6) other projects recommended in the report required 
        by section 621.
  (b) Coordination With Other Research Initiatives.--The 
Secretary shall ensure that the research and development 
program authorized by this section is coordinated with other 
research and development initiatives at the Department of 
Homeland Security, the Department of Transportation, and other 
Federal agencies.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary $50,000,000 in each of fiscal 
years 2006 and 2007 to carry out the purposes of this section. 
Amounts appropriated pursuant to this subsection shall remain 
available until expended.

SEC. 625. RAIL WORKER SECURITY TRAINING PROGRAM.

  (a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Secretary, in consultation with 
appropriate law enforcement, security, and terrorism experts, 
representatives of railroad carriers, and nonprofit employee 
organizations that represent rail workers, shall develop and 
issue detailed guidance for a rail worker security training 
program to prepare rail workers for potential threat 
conditions.
  (b) Program Elements.--The guidance developed under 
subsection (a) shall require such a program to include, at a 
minimum, elements that address the following:
          (1) Determination of the seriousness of any 
        occurrence.
          (2) Crew and passenger communication and 
        coordination.
          (3) Appropriate responses to defend oneself.
          (4) Use of protective devices.
          (5) Evacuation procedures.
          (6) Live situational training exercises regarding 
        various threat conditions, including tunnel evacuation 
        procedures.
          (7) Any other subject the Secretary considers 
        appropriate.
  (c) Railroad Carrier Programs.--Not later than 60 days after 
the Secretary issues guidance under subsection (a) in final 
form, each railroad carrier shall develop a rail worker 
security training program in accordance with that guidance and 
submit it to the Secretary for approval. Not later than 60 days 
after receiving a railroad carrier's program under this 
subsection, the Secretary shall review the program and approve 
it or require the railroad carrier to make any revisions the 
Secretary considers necessary for the program to meet the 
guidance requirements.
  (d) Training.--Not later than 1 year after the Secretary 
approves the training program developed by a railroad carrier 
under this section, the railroad carrier shall complete the 
training of all rail workers in accordance with that program.
  (e) Updates.--The Secretary shall update the training 
guidance issued under subsection (a) from time to time to 
reflect new or different security threats, and require railroad 
carriers to revise their programs accordingly and provide 
additional training to their rail workers.

SEC. 626. WHISTLEBLOWER PROTECTION.

  (a) In General.--Subchapter I of chapter 201 of title 49, is 
amended by inserting after section 20115 the following:

``Sec. 20116. Whistleblower protection for railroad security matters

  ``(a) Discrimination Against Employee.--No railroad carrier 
engaged in interstate or foreign commerce may discharge a 
railroad employee or otherwise discriminate against a railroad 
employee because the employee (or any person acting pursuant to 
a request of the employee)
          ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or the 
        Federal Government information relating to a perceived 
        threat to security;
          ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before 
        Congress or at any Federal or State proceeding 
        regarding a perceived threat to security;
          ``(3) has assisted or participated, or is about to 
        assist or participate, in any manner in a proceeding or 
        any other action to enhance railroad security; or
          ``(4) refused to violate or assist in the violation 
        of any law, rule, or regulation related to railroad 
        security.
  ``(b) Enforcement Action.--
          ``(1) In general.--A person who alleges discharge or 
        other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c) by
                  ``(A) filing a complaint with the Secretary 
                of Labor; or
                  ``(B) if the Secretary of Labor has not 
                issued a final decision within 180 days of the 
                filing of the complaint and there is no showing 
                that such delay is due to the bad faith of the 
                claimant, bringing an action at law or equity 
                for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard 
                to the amount in controversy.
          ``(2) Procedure.--
                  ``(A) In general.--An action under paragraph 
                (1)(A) shall be governed under the rules and 
                procedures set forth in section 42121(b) of 
                this title.
                  ``(B) Exception.--Notification made under 
                section 42121(b)(1) of this title, shall be 
                made to the person named in the complaint and 
                to the employer.
                  ``(C) Burdens of proof.--An action brought 
                under paragraph (1)(B) shall be governed by the 
                legal burdens of proof set forth in section 
                42121(b) this title.
                  ``(D) Statute of limitations.--An action 
                under paragraph (1)(A) shall be commenced not 
                later than 90 days after the date on which the 
                violation occurs.
  ``(c) Remedies.--
          ``(1) In general.--An employee prevailing in any 
        action under subsection (b)(1) shall be entitled to all 
        relief necessary to make the employee whole.
          ``(2) Compensatory damages.--Relief for any action 
        under paragraph (1) shall include
                  ``(A) reinstatement with the same seniority 
                status that the employee would have had, but 
                for the discrimination;
                  ``(B) the amount of back pay, with interest; 
                and
                  ``(C) compensation for any special damages 
                sustained as a result of the discrimination, 
                including litigation costs, expert witness 
                fees, and reasonable attorney fees.
  ``(d) Rights Retained by Employee.--Except as provided in 
subsection (e), nothing in this section shall be deemed to 
diminish the rights, privileges, or remedies of any employee 
under any Federal or State law, or under any collective 
bargaining agreement.
  ``(e) Election of Remedies.--An employee of a railroad 
carrier may not seek protection under both this section and 
another provision of law for the same allegedly unlawful act of 
the railroad carrier.
  ``(f) Disclosure of Identity.--
          ``(1) In general.--Except as provided in paragraph 
        (2), without the written consent of the employee, the 
        Secretary of Labor may not disclose the name of an 
        employee of a railroad carrier who has provided 
        information about an alleged violation of this section.
          ``(2) Exception.--The Secretary of Labor shall 
        disclose to the Attorney General the name of an 
        employee described in paragraph (1) of this subsection 
        if the matter is referred to the Attorney General for 
        enforcement.''.
  (b) Conforming Amendment.--The table of sections for chapter 
201 of title 49, is amended by inserting after the item 
relating to section 20115 the following:

``20116. Whistleblower protection for railroad security matters.''.''

SEC. 627. PUBLIC OUTREACH.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary shall develop a national plan for public 
outreach and awareness. Such plan shall be designed to increase 
awareness of measures that the general public, railroad 
passengers, and railroad employees can take to increase 
railroad system security. Such plan shall also provide outreach 
to railroad carriers and their employees to improve their 
awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to 
improve railroad security. Not later than 9 months after the 
date of enactment of this Act, the Secretary shall implement 
the plan developed under this section.

SEC. 628. PASSENGER, BAGGAGE, AND CARGO SCREENING.

  The Secretary shall--
          (1) analyze the cost and feasibility of requiring 
        security screening for passengers, baggage, and cargo 
        on passenger trains; and
          (2) report the results of the study, together with 
        any recommendations that the Secretary may have for 
        implementing a rail security screening program to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of 
        Representatives and to the Committee on Commerce, 
        Science, and Transportation of the Senate not later 
        than 1 year after the date of enactment of this Act.

SEC. 629. EMERGENCY RESPONDER TRAINING STANDARDS.

  Not later than 90 days after the date of enactment of this 
Act, the Secretary of Transportation shall issue training 
standards for persons responsible for responding to emergency 
situations occurring during transportation of hazardous 
materials by rail, in accordance with existing regulations, to 
ensure their ability to protect nearby persons, property, or 
the environment from the effects of accidents involving 
hazardous materials.

SEC. 630. INFORMATION FOR FIRST RESPONDERS.

  (a) In General.--The Secretary of Transportation shall 
provide grants to Operation Respond Institute for the purpose 
of
          (1) deploying and expanding the Operation Respond 
        Emergency Information System software;
          (2) developing, implementing, and maintaining a 
        railroad infrastructure mapping program that correlates 
        railroad right-of-way information with highway grid 
        maps and overhead imagery of traffic routes, hazardous 
        materials routes, and commuter rail lines; and
          (3) establishing an alert and messaging capability 
        for use during emergencies involving freight and 
        passenger railroads.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Transportation to carry out 
this section $2,500,000 for each of fiscal years 2005, 2006, 
and 2007. Amounts appropriated pursuant to this subsection 
shall remain available until expended.

SEC. 631. TSA PERSONNEL LIMITATIONS.

  Any statutory limitation on the number of employees in the 
Transportation Security Administration, before or after its 
transfer to the Department of Homeland Security, does not apply 
to the extent that any such employees are responsible for 
implementing the provisions of this title.

SEC. 632. RAIL SAFETY REGULATIONS.

  Section 20103(a) of title 49, United States Code, is amended 
by striking ``safety'' the first place it appears, and 
inserting ``safety, including security''.

SEC. 633. RAIL POLICE OFFICERS.

  Section 28101 of title 49, United States Code, is amended by 
striking ``the rail carrier'' each place it appears and 
inserting ``any rail carrier''.

SEC. 634. DEFINITIONS.

  For purposes of this chapter--
          (1) the terms ``railroad'' and ``railroad carrier'' 
        have the meaning given those terms in section 20102 of 
        title 49, United States Code; and
          (2) the term ``Secretary'' means the Secretary of 
        Homeland Security, acting through the Under Secretary 
        of Homeland Security for Border and Transportation 
        Security.

            CHAPTER 2--ASSISTANCE TO FAMILIES OF PASSENGERS


SEC. 641. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO 
                    FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER 
                    ACCIDENTS.

  (a) In General.--Subchapter III of chapter 11 of title 49, 
United States Code, is amended by adding at the end the 
following:

``Sec. 1138. Assistance to families of passengers involved in rail 
                    passenger accidents

  ``(a) In General.--As soon as practicable after being 
notified of a rail passenger accident within the United States 
involving a rail passenger carrier and resulting in a major 
loss of life, the Chairman of the National Transportation 
Safety Board shall
          ``(1) designate and publicize the name and phone 
        number of a director of family support services who 
        shall be an employee of the Board and shall be 
        responsible for acting as a point of contact within the 
        Federal Government for the families of passengers 
        involved in the accident and a liaison between the rail 
        passenger carrier and the families; and
          ``(2) designate an independent nonprofit 
        organization, with experience in disasters and 
        posttrauma communication with families, which shall 
        have primary responsibility for coordinating the 
        emotional care and support of the families of 
        passengers involved in the accident.
  ``(b) Responsibilities of the Board.--The Board shall have 
primary Federal responsibility for
          ``(1) facilitating the recovery and identification of 
        fatally injured passengers involved in an accident 
        described in subsection (a); and
          ``(2) Communicating with the families of passengers 
        involved in the accident as to the roles of.--
                  ``(A) the organization designated for an 
                accident under subsection (a)(2);
                  ``(B) Government agencies; and
                  ``(C) the rail passenger carrier involved,
        with respect to the accident and the post-accident 
        activities.
  ``(c) Responsibilities of Designated Organization.--The 
organization designated for an accident under subsection (a)(2) 
shall have the following responsibilities with respect to the 
families of passengers involved in the accident:
          ``(1) To provide mental health and counseling 
        services, in coordination with the disaster response 
        team of the rail passenger carrier involved.
          ``(2) To take such actions as may be necessary to 
        provide an environment in which the families may grieve 
        in private.
          ``(3) To meet with the families who have traveled to 
        the location of the accident, to contact the families 
        unable to travel to such location, and to contact all 
        affected families periodically thereafter until such 
        time as the organization, in consultation with the 
        director of family support services designated for the 
        accident under subsection (a)(1), determines that 
        further assistance is no longer needed.
          ``(4) To arrange a suitable memorial service, in 
        consultation with the families.
  ``(d) Passenger Lists.--
          ``(1) Requests for passenger lists.--
                  ``(A) Requests by director of family support 
                services.--It shall be the responsibility of 
                the director of family support services 
                designated for an accident under subsection 
                (a)(1) to request, as soon as practicable, from 
                the rail passenger carrier involved in the 
                accident a list, which is based on the best 
                available information at the time of the 
                request, of the names of the passengers that 
                were aboard the rail passenger carrier's train 
                involved in the accident. A rail passenger 
                carrier shall use reasonable efforts, with 
                respect to its unreserved trains, and 
                passengers not holding reservations on its 
                other trains, to ascertain the names of 
                passengers aboard a train involved in an 
                accident.
                  ``(B) Requests by designated organization.--
                The organization designated for an accident 
                under subsection (a)(2) may request from the 
                rail passenger carrier involved in the accident 
                a list described in subparagraph (A).
          ``(2) Use of information.--The director of family 
        support services and the organization may not release 
        to any person information on a list obtained under 
        paragraph (1) but may provide information on the list 
        about a passenger to the family of the passenger to the 
        extent that the director of family support services or 
        the organization considers appropriate.
  ``(e) Continuing Responsibilities of the Board.--In the 
course of its investigation of an accident described in 
subsection (a), the Board shall, to the maximum extent 
practicable, ensure that the families of passengers involved in 
the accident
          ``(1) are briefed, prior to any public briefing, 
        about the accident and any other findings from the 
        investigation; and
          ``(2) are individually informed of and allowed to 
        attend any public hearings and meetings of the Board 
        about the accident.
  ``(f) Use of Rail Passenger Carrier Resources.--To the extent 
practicable, the organization designated for an accident under 
subsection (a)(2) shall coordinate its activities with the rail 
passenger carrier involved in the accident to facilitate the 
reasonable use of the resources of the carrier.
  ``(g) Prohibited Actions.--
          ``(1) Actions to impede the board.--No person 
        (including a State or political subdivision) may impede 
        the ability of the Board (including the director of 
        family support services designated for an accident 
        under subsection (a)(1)), or an organization designated 
        for an accident under subsection (a)(2), to carry out 
        its responsibilities under this section or the ability 
        of the families of passengers involved in the accident 
        to have contact with one another.
          ``(2) Unsolicited communications.--No unsolicited 
        communication concerning a potential action for 
        personal injury or wrongful death may be made by an 
        attorney (including any associate, agent, employee, or 
        other representative of an attorney) or any potential 
        party to the litigation to an individual (other than an 
        employee of the rail passenger carrier) injured in the 
        accident, or to a relative of an individual involved in 
        the accident, before the 45th day following the date of 
        the accident.
          ``(3) Prohibition on actions to prevent mental health 
        and counseling services.--No State or political 
        subdivision may prevent the employees, agents, or 
        volunteers of an organization designated for an 
        accident under subsection (a)(2) from providing mental 
        health and counseling services under subsection (c)(1) 
        in the 30-day period beginning on the date of the 
        accident. The director of family support services 
        designated for the accident under subsection (a)(1) may 
        extend such period for not to exceed an additional 30 
        days if the director determines that the extension is 
        necessary to meet the needs of the families and if 
        State and local authorities are notified of the 
        determination.
  ``(h) Definitions.--In this section, the following 
definitions apply:
          ``(1) Rail passenger accident.--The term `rail 
        passenger accident' means any rail passenger disaster 
        occurring in the provision of
                  ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in 
                section 24102); or
                  ``(B) interstate or intrastate high-speed 
                rail (as such term is defined in section 26105) 
                transportation,
        regardless of its cause or suspected cause.
          ``(2) Rail passenger carrier.--The term `rail 
        passenger carrier' means a rail carrier providing
                  ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in 
                section 24102); or
                  ``(B) interstate or intrastate high-speed 
                rail (as such term is defined in section 26105) 
                transportation,
except that such term shall not include a tourist, historic, 
scenic, or excursion rail carrier.
          ``(3) Passenger.--The term `passenger' includes
                  ``(A) an employee of a rail passenger carrier 
                aboard a train;
                  ``(B) any other person aboard the train 
                without regard to whether the person paid for 
                the transportation, occupied a seat, or held a 
                reservation for the rail transportation; and
                  ``(C) any other person injured or killed in 
                the accident.
                          ``(i) Limitation on statutory 
                        construction.--Nothing in this section 
                        may be construed as limiting the 
                        actions that a rail passenger carrier 
                        may take, or the obligations that a 
                        rail passenger carrier may have, in 
                        providing assistance to the families of 
                        passengers involved in a rail passenger 
                        accident.
  ``(i) Relinquishment of Investigative Priority.--
          ``(1) General rule.--This section (other than 
        subsection (g)) shall not apply to a railroad accident 
        if the Board has relinquished investigative priority 
        under section 1131(a)(2)(B) and the Federal agency to 
        which the Board relinquished investigative priority is 
        willing and able to provide assistance to the victims 
        and families of the passengers involved in the 
        accident.
          ``(2) Board assistance.--If this section does not 
        apply to a railroad accident because the Board has 
        relinquished investigative priority with respect to the 
        accident, the Board shall assist, to the maximum extent 
        possible, the agency to which the Board has 
        relinquished investigative priority in assisting 
        families with respect to the accident.''.
  (b) Conforming Amendment.--The table of sections for such 
chapter is amended by inserting after the item relating to 
section 1137 the following:

``1138. Assistance to families of passengers invoolved in rail passenger 
          accidents.''.

SEC. 642. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF 
                    PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

  (a) In General.--Part C of subtitle V of title 49, United 
States Code, is amended by adding at the end the following new 
chapter:

                    ``CHAPTER 251--FAMILY ASSISTANCE


``Sec.
``25101. Plans to address needs of families of passengers involved in 
          rail passenger accidents.

``Sec. 25101. Plans to address needs of families of passengers involved 
                    in rail passenger accidents

  ``(a) Submission of Plans.--Not later than 180 days after the 
date of the enactment of this section, each rail passenger 
carrier shall submit to the Secretary of Transportation and the 
Chairman of the National Transportation Safety Board a plan for 
addressing the needs of the families of passengers involved in 
any rail passenger accident involving a train of the rail 
passenger carrier and resulting in a major loss of life.
  ``(b) Contents of Plans.--A plan to be submitted by a rail 
passenger carrier under subsection (a) shall include, at a 
minimum, the following:
          ``(1) A plan for publicizing a reliable, toll-free 
        telephone number, and for providing staff, to handle 
        calls from the families of the passengers.
          ``(2) A process for notifying the families of the 
        passengers, before providing any public notice of the 
        names of the passengers, either by utilizing the 
        services of the organization designated for the 
        accident under section 1138(a)(2) of this title or the 
        services of other suitably trained individuals.
          ``(3) An assurance that the notice described in 
        paragraph (2) will be provided to the family of a 
        passenger as soon as the rail passenger carrier has 
        verified that the passenger was aboard the train 
        (whether or not the names of all of the passengers have 
        been verified) and, to the extent practicable, in 
        person.
          ``(4) An assurance that the rail passenger carrier 
        will provide to the director of family support services 
        designated for the accident under section 1138(a)(1) of 
        this title, and to the organization designated for the 
        accident under section 1138(a)(2) of this title, 
        immediately upon request, a list (which is based on the 
        best available information at the time of the request) 
        of the names of the passengers aboard the train 
        (whether or not such names have been verified), and 
        will periodically update the list. The plan shall 
        include a procedure, with respect to unreserved trains 
        and passengers not holding reservations on other 
        trains, for the rail passenger carrier to use 
        reasonable efforts to ascertain the names of passengers 
        aboard a train involved in an accident.
          ``(5) An assurance that the family of each passenger 
        will be consulted about the disposition of all remains 
        and personal effects of the passenger within the 
        control of the rail passenger carrier.
          ``(6) An assurance that if requested by the family of 
        a passenger, any possession of the passenger within the 
        control of the rail passenger carrier (regardless of 
        its condition) will be returned to the family unless 
        the possession is needed for the accident investigation 
        or any criminal investigation.
          ``(7) An assurance that any unclaimed possession of a 
        passenger within the control of the rail passenger 
        carrier will be retained by the rail passenger carrier 
        for at least 18 months.
          ``(8) An assurance that the family of each passenger 
        or other person killed in the accident will be 
        consulted about construction by the rail passenger 
        carrier of any monument to the passengers, including 
        any inscription on the monument.
          ``(9) An assurance that the treatment of the families 
        of nonrevenue passengers will be the same as the 
        treatment of the families of revenue passengers.
          ``(10) An assurance that the rail passenger carrier 
        will work with any organization designated under 
        section 1138(a)(2) of this title on an ongoing basis to 
        ensure that families of passengers receive an 
        appropriate level of services and assistance following 
        each accident.
          ``(11) An assurance that the rail passenger carrier 
        will provide reasonable compensation to any 
        organization designated under section 1138(a)(2) of 
        this title for services provided by the organization.
          ``(12) An assurance that the rail passenger carrier 
        will assist the family of a passenger in traveling to 
        the location of the accident and provide for the 
        physical care of the family while the family is staying 
        at such location.
          ``(13) An assurance that the rail passenger carrier 
        will commit sufficient resources to carry out the plan.
          ``(14) An assurance that the rail passenger carrier 
        will provide adequate training to the employees and 
        agents of the carrier to meet the needs of survivors 
        and family members following an accident.
          ``(15) An assurance that, upon request of the family 
        of a passenger, the rail passenger carrier will inform 
        the family of whether the passenger's name appeared on 
        any preliminary passenger manifest for the train 
        involved in the accident.
  ``(c) Limitation on Liability.--A rail passenger carrier 
shall not be liable for damages in any action brought in a 
Federal or State court arising out of the performance of the 
rail passenger carrier in preparing or providing a passenger 
list, or in providing information concerning a train 
reservation, pursuant to a plan submitted by the rail passenger 
carrier under subsection (b), unless such liability was caused 
by conduct of the rail passenger carrier which was grossly 
negligent or which constituted intentional misconduct.
  ``(d) Definitions.--In this section--
          ``(1) the terms `rail passenger accident' and `rail 
        passenger carrier' have the meanings such terms have in 
        section 1138 of this title; and
          ``(2) the term `passenger' means a person aboard a 
        rail passenger carrier's train that is involved in a 
        rail passenger accident.
  ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that a rail 
passenger carrier may take, or the obligations that a rail 
passenger carrier may have, in providing assistance to the 
families of passengers involved in a rail passenger 
accident.''.
  (b) Conforming Amendment.--The table of chapters for subtitle 
V of title 49, United States Code, is amended by adding after 
the item relating to chapter 249 the following new item:

``251. FAMILY ASSISTANCE........................................25101''.

SEC. 643. ESTABLISHMENT OF TASK FORCE.

  (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in 
coordination with the National Transportation Safety Board, 
organizations potentially designated under section 1138(a)(2) 
of title 49, United States Code, rail passenger carriers, and 
families which have been involved in rail accidents, shall 
establish a task force consisting of representatives of such 
entities and families, representatives of passenger rail 
carrier employees, and representatives of such other entities 
as the Secretary considers appropriate.
  (b) Model Plan and Recommendations.--The task force 
established pursuant to subsection (a) shall develop--
          (1) a model plan to assist passenger rail carriers in 
        responding to passenger rail accidents;
          (2) recommendations on methods to improve the 
        timeliness of the notification provided by passenger 
        rail carriers to the families of passengers involved in 
        a passenger rail accident;
          (3) recommendations on methods to ensure that the 
        families of passengers involved in a passenger rail 
        accident who are not citizens of the United States 
        receive appropriate assistance; and
          (4) recommendations on methods to ensure that 
        emergency services personnel have as immediate and 
        accurate a count of the number of passengers onboard 
        the train as possible.
  (c) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the model plan 
and recommendations developed by the task force under 
subsection (b).

              TITLE VII--SECURING CRITICAL INFRASTRUCTURE

SEC. 701. CRITICAL INFRASTRUCTURE.

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

SEC. 702. 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 701;
          (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. 703. 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 of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate on the implementation of 
section 702. Such report shall detail--
          (1) the Secretary's review and coordination of 
        security plans under section 702; 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).

               TITLE VIII--PREVENTING A BIOLOGICAL ATTACK

SEC. 801. GAO REPORT OF DEPARTMENT BIOLOGICAL TERRORISM PROGRAMS.

  (a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Comptroller General of the United 
States shall submit a report to the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate 
assessing the full history of Department of Homeland Security 
activities with regard to biological terrorism and recommending 
which Department of the Government should administer such 
activities.
  (b) Included Contents.--The report shall consider and 
discuss--
          (1) progress made in implementing the BioShield 
        program;
          (2) how effectively the Department of Health and 
        Human Services is administering the BioShield program;
          (3) whether the Department of Health and Human 
        Services has the administrative capability necessary to 
        fully implement the BioShield program; and
          (4) the legislative history of the BioShield program, 
        including the legislation that established the program 
        as it was introduced in the Congress and considered and 
        reported by the Select Committee on Homeland Security 
        of the House of Representatives.

SEC. 802. REPORT ON BIO-COUNTERMEASURES.

  Not later than 12 months after the date of enactment of this 
Act, the Secretary of Homeland Security in consultation with 
the Secretary of Health and Human Services shall transmit to 
the Congress a report with recommendations, on--
          (1) the feasibility of supplying first responders, 
        not limited to law enforcement, firefighters and 
        emergency medical service personnel, with biological 
        and chemical agent countermeasures or vaccinations when 
        necessary;
          (2) the appropriate levels and types of biological 
        and chemical agents, industrial materials and other 
        hazardous substances that first responders should be 
        protected against; and
          (3) the system and appropriate means of accessing, 
        delivering, storing and dispersing countermeasures to 
        first responder personnel.

                  TITLE IX--PROTECTION OF AGRICULTURE

SEC. 901. REPORT TO CONGRESS ON IMPLEMENTATION OF RECOMMENDATIONS 
                    REGARDING PROTECTION OF AGRICULTURE.

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

             TITLE X--OPTIMIZING OUR SCREENING CAPABILITIES

  Subtitle A--U.S. Visitor and Immigrant Status Indicator Technology 
                                Database

SEC. 1001. INTEROPERABILITY OF DATA FOR UNITED STATES VISITOR AND 
                    IMMIGRANT STATUS INDICATOR TECHNOLOGY.

  (a) Findings.--The Congress finds as follows:
          (1) The Congress is troubled by the security gap on 
        the Nation's borders caused by delays in linking 
        fingerprint data in IDENT with criminal history data 
        contained in IAFIS.
          (2) The Congress expected that, by the end of 2004, 
        such interoperability would be in place at airports, 
        seaports, and the largest and busiest Border Patrol 
        stations and land border ports of entry, but this will 
        not be completed until December 31, 2005.
          (3) With implementation of a new visa tracking 
        system, and enrollment of millions of visitors in US-
        VISIT, it is essential that the Directorate of Border 
        and Transportation Security collaborate with the 
        Federal Bureau of Investigations to ensure that IDENT 
        can retrieve, in real time, biometric information 
        containing in IAFIS, and that IAFIS can retrieve, in 
        real time, biometric information contained in IDENT.
  (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prepare, and submit to the Committee on Homeland Security of 
the United States House of Representatives, a report that 
details the status of the effort to achieve real-time 
interoperability of IAFIS and IDENT, including the following:
          (1) The steps the Department will take to achieve 
        this goal, the funds needed to achieve this goal, and a 
        timetable to achieve this goal.
          (2) A description of the effort being made to address 
        the recommendations in the March, 2004, Department of 
        Justice Inspector General report and subsequent 
        December, 2004, report, which documented the need to 
        integrate existing biometric databases; and
          (3) The plan for maintaining the interoperability of 
        IAFIS and IDENT, once achieved.
  (c) Definitions.--For purposes of this section:
          (1) The term ``IAFIS'' means the Integrated Automated 
        Fingerprint Identification System maintained by the 
        Federal Bureau of Investigation of the Department of 
        Justice.
          (2) The term ``IDENT'' means the Automated Biometrics 
        Identification System maintained by the Bureau of 
        Customs and Border Protection of the Department of 
        Homeland Security.
          (3) The term ``US-VISIT'' means the United States 
        Visitor and Immigrant Status Indicator Technology 
        maintained by the Bureau of Customs and Border 
        Protection of the Department of Homeland Security.

   Subtitle B--Studies to Improve Border Management and Immigration 
                                Security

SEC. 1011. STUDY ON BIOMETRICS.

  (a) In General.--The Secretary of Homeland Security, in 
consultation with the Director of the National Institute of 
Standards and Technology, shall conduct a comprehensive study 
of all biometric identifiers that might be collected for 
purposes of processing and adjudicating applications and 
petitions for immigration benefits, and shall determine which 
among these identifiers would be most appropriate for the 
purposes described in subsection (b). The Secretary shall 
provide the resources necessary to properly conduct the study.
  (b) Uses.--In carrying out subsection (a), the Secretary 
shall consider the use of a biometric identifier--
          (1) to register or catalogue a petition or 
        application for an immigration benefit upon submission 
        to the appropriate Federal agency;
          (2) to check the petitioner or applicant against 
        watch lists;
          (3) as part of the integrated entry and exit data 
        system required under section 110 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1365a); and
          (4) to conduct background checks with Federal 
        intelligence agencies.
  (c) Factors.--The Secretary shall consider the following 
factors in making the determination under subsection (a):
          (1) Accuracy
          (2) The technology available.
          (3) Economic considerations.
          (4) Storage.
          (5) Efficiency.
          (6) Feasibility.
  (d) Submission.--The study should be completed not later than 
January 1, 2006, and shall be submitted to the Committee on 
Homeland Security of the United States House of 
Representatives.

SEC. 1012. STUDY ON DIGITIZING IMMIGRATION BENEFIT APPLICATIONS.

  (a) In General.--The Secretary of Homeland Security shall 
conduct a comprehensive study on digitizing all applications 
and petitions for an immigration benefit, including digital 
storage, cataloguing, and the ability to apply for all types of 
immigration benefits through digital means. The study should 
consider costs for both the Federal Government and the 
applicant or petitioner, as well as the feasibility for all 
types of persons to apply by digital means.
  (b) Submission.--The study should be completed not later than 
January 1, 2006, and shall be submitted to the Committee on 
Homeland Security of the United States House of 
Representatives.

SEC. 1013. STUDY ON ELIMINATION OF ARRIVAL/DEPARTURE PAPER FORMS.

  (a) In General.--The Secretary of Homeland Security shall 
conduct a comprehensive study on replacing Department of 
Homeland Security paper Form Number I-94 (Arrival/Departure 
Record) and Form Number I-94W (NIV Waiver Arrival/Departure 
Record) with procedures that ensure that the functions served 
by such forms are being carried out by electronic or digitized 
means. The study should consider the costs and savings to the 
Federal Government of such replacement.
  (b) Submission.--The study should be completed not later than 
January 1, 2006, and shall be submitted to the Committee on 
Homeland Security of the United States House of 
Representatives.

SEC. 1014. CATALOGUING IMMIGRATION APPLICATIONS BY BIOMETRIC.

  (a) In General.--The Secretary of Homeland Security shall 
conduct a comprehensive study on whether all applications and 
petitions for an immigration benefit shall be registered or 
catalogued by the receiving agency using a biometric 
identifier. The Secretary of Homeland Security shall study one 
or more alternative biometric identifiers to be used for such 
purposes.
  (b) Submission.--The study should be completed not later than 
January 1, 2006, and shall be submitted to the Committee on 
Homeland Security of the United States House of 
Representatives. It shall include recommendations for resource 
allocation.

  TITLE XI--SECURING CYBERSPACE AND HARNESSING TECHNOLOGY TO PREVENT 
                                DISASTER

 Subtitle A--Department of Homeland Security Cybersecurity Enhancement

SEC. 1101. SHORT TITLE.

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

SEC. 1102. ASSISTANT SECRETARY FOR CYBERSECURITY.

  Section 201(b) of the Homeland Security Act of 2002 (6 U.S.C. 
121(b)) is amended--
          (1) by redesignating paragraph (3) as paragraph (4); 
        and
          (2) by inserting after paragraph (2) the following 
        new paragraph:
          ``(3) Assistant secretary for cybersecurity.--There 
        shall be in the Department an Assistant Secretary for 
        Cybersecurity, who shall be appointed by the 
        President.''; and
          (3) in paragraph (4), as redesignated by subparagraph 
        (A) of this paragraph--
                  (A) by striking ``Analysis and the'' and 
                inserting ``Analysis, the''; and
                  (B) by striking ``Protection shall'' and 
                inserting ``Protection, and the Assistant 
                Secretary for Cybersecurity shall''.

SEC. 1103. 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. 1104. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
et. seq.) is amended by adding at the end the following new 
section:

``SEC. 314. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  ``(a) In General.--The Under Secretary for Science and 
Technology shall support research and development, including 
fundamental, long-term research, in cybersecurity to improve 
the ability of the United States to prevent, protect against, 
detect, respond to, and recover from cyber attacks, with 
emphasis on research and development relevant to large-scale, 
high-impact attacks.
  ``(b) Activities.--The research and development supported 
under subsection (a), shall include work to--
          ``(1) advance the development and accelerate the 
        deployment of more secure versions of fundamental 
        Internet protocols and architectures, including for the 
        domain name system and routing protocols;
          ``(2) improve and create technologies for detecting 
        attacks or intrusions, including monitoring 
        technologies;
          ``(3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of 
        attacks and development of resilient networks and 
        systems that degrade gracefully; and
          ``(4) develop and support infrastructure and tools to 
        support cybersecurity research and development efforts, 
        including modeling, testbeds, and data sets for 
        assessment of new cybersecurity technologies.
  ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate 
activities with--
          ``(1) the Assistant Secretary for Cybersecurity; and
          ``(2) other Federal agencies, including the National 
        Science Foundation, the Defense Advanced Research 
        Projects Agency, and the National Institute of 
        Standards and Technology, to identify unmet needs and 
        cooperatively support activities, as appropriate.
  ``(d) Nature of Research.--Activities under this section 
shall be carried out in accordance with section 306(a) of this 
Act.''.

      Subtitle B--Coordination With National Intelligence Director

SEC. 1111. IDENTIFICATION AND IMPLEMENTATION OF TECHNOLOGIES THAT 
                    IMPROVE SHARING OF INFORMATION WITH THE NATIONAL 
                    INTELLIGENCE DIRECTOR.

  Section 201(d)(8) of the Homeland Security Act of 2002 (6 
U.S.C. 121(d)) is amended by inserting ``, including 
identifying and implementing technologies that improve sharing 
of information with the National Intelligence Director,'' after 
``within the Federal Government''.

                   Subtitle C--Cybersecurity Research

SEC. 1121. SUPPORT OF BASIC CYBERSECURITY RESEARCH.

  (a) In General.--Title III of the Homeland Security Act of 
2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by 
adding the following:

``SEC. 314. SUPPORT OF BASIC CYBERSECURITY RESEARCH.

  ``The Secretary, through the Directorate of the Department of 
Science and Technology and subject to the availability of 
appropriations, shall fund basic cybersecurity research, 
including the following:
          ``(1) Development of information technology design 
        protocols, methodologies, and applications to improve 
        the integration of security control and protocols into 
        next-generation-networks, mobile and wireless networks, 
        and computing devices and applications.
          ``(2) Development of network-based control mechanisms 
        for improving the capability of operators and service 
        providers to disable malicious action by hostile 
        actors.
          ``(3) Development of mechanisms for improving 
        international network responsiveness to cybersecurity 
        threats, including predictive modeling, communication 
        mechanisms and information sharing systems.
          ``(4) Modeling of the cyber vulnerabilities of the 
        Nation's critical infrastructures, including 
        Supervisory Control and Data Acquisition (SCADA) and 
        Digital Control Systems (DCS).
          ``(5) Mapping of key interdependences, choke-points, 
        and single points-of-failure within the Nation's cyber 
        critical infrastructure and the development of 
        remediation programs.
          ``(6) Development of technologies, methodologies, and 
        applications to mitigate the most common cyber 
        vulnerabilities affecting networks, including viruses, 
        worms, and denial-of-service attacks.
          ``(7) Identification of emerging cybersecurity 
        threats and vulnerabilities affecting next-generation 
        networks and mobile and wireless networks.''.
  (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 title III the following:

``Sec. 314. Support of basic cybersecurity research.''.

            Subtitle D--Cybersecurity Training and Equipment

SEC. 1131. 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.--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)).

         TITLE XII--HELPING FIRST RESPONDERS GET THEIR JOB DONE

              Subtitle A--Communications Interoperability

SEC. 1201. INTEROPERABLE COMMUNICATIONS TECHNOLOGY GRANT PROGRAM.

  Section 430 of the Homeland Security Act of 2002 (6 U.S.C. 
238) is amended by adding at the end the following:
  ``(e) Interoperable Communications Grants.--
          ``(1) Definitions.--In this subsection, the following 
        definitions shall apply:
                  ``(A) Communications interoperability.--The 
                term `communications interoperability' means 
                the ability of public safety service and 
                support providers, including emergency response 
                providers, to communicate with other responding 
                agencies and Federal agencies if necessary, 
                through information technology systems and 
                radio communications systems, and to exchange 
                voice, data, or video with one another on 
                demand, in real time, as necessary.
                  ``(B) Eligible state.--The term `eligible 
                State' means a State that--
                          ``(i) has submitted a plan under 
                        paragraph (4); and
                          ``(ii) the Secretary determines has 
                        not achieved adequate statewide 
                        communications interoperability.
                  ``(C) Public safety agencies.--The term 
                `public safety agencies' includes emergency 
                response providers and any other persons that 
                the Secretary determines must communicate 
                effectively with one another to respond to 
                emergencies.
          ``(2) In general.--The Secretary shall--
                  ``(A) make grants on a competitive basis 
                directly to local governments (including a 
                consortium of local governments) and public 
                safety agencies within eligible States, in 
                consultation with the chief executives of the 
                State or States, for the purpose of assisting 
                in the development of interoperable 
                communications systems at any stage, 
                including--
                          ``(i) planning, system design, and 
                        engineering;
                          ``(ii) procurement and installation 
                        of equipment;
                          ``(iii) operations and maintenance of 
                        equipment; and
                          ``(iv) testing and technology 
                        development; and
                  ``(B) make grants to eligible States for 
                initiatives necessary to achieve communications 
                interoperability within each State, including--
                          ``(i) statewide communications 
                        planning;
                          ``(ii) system design and engineering;
                          ``(iii) procurement and installation 
                        of equipment;
                          ``(iv) operations and maintenance of 
                        equipment; and
                          ``(v) testing and technology 
                        development initiatives.
          ``(3) Coordination.--
                  ``(A) In general.--The Secretary shall ensure 
                that grants administered under this subsection 
                are coordinated with the activities of other 
                entities of the Department and other Federal 
                entities so that grants awarded under this 
                subsection, and other grant programs related to 
                homeland security, facilitate the achievement 
                of the strategy developed under section 6 of 
                the Faster and Smarter Funding for First 
                Responders Act of 2005.
                  ``(B) Relationship to existing grant 
                programs.--Nothing in this Act shall provide 
                for the combination of grant funds among the 
                grant program established under this subsection 
                and any other grant programs administered by 
                the Department of Homeland Security, including 
                the State Homeland Security Grant Program of 
                the Department, or any successor to such grant 
                program, and the Urban Area Security Initiative 
                of the Department, or any successor to such 
                grant program.
          ``(4) Eligibility.--
                  ``(A) Submission of plan.--To be eligible to 
                receive a grant under this subsection, each 
                eligible State, or local governments or public 
                safety agencies within an eligible State or 
                States, shall submit a communications 
                interoperability plan to the Secretary that--
                          ``(i) addresses any stage of the 
                        development of interoperable 
                        communications systems, including 
                        planning, system design and 
                        engineering, procurement and 
                        installation, operations and 
                        maintenance, and testing and technology 
                        development;
                          ``(ii) if the applicant is not a 
                        State, includes a description of how 
                        the applicant addresses the goals 
                        specified in any applicable State plan 
                        or plans submitted under this section; 
                        and
                          ``(iii) is approved by the Secretary.
                  ``(B) Incorporation and consistency.--A plan 
                submitted under subparagraph (A) may be part 
                of, and shall be consistent with, any other 
                homeland security plans required of the 
                submitting party by the Department.
          ``(5) Award of grants.--
                  ``(A) Considerations.--In approving plans and 
                awarding grants under this subsection, the 
                Secretary shall consider--
                          ``(i) the nature of the threat to the 
                        eligible State or local jurisdiction;
                          ``(ii) the location, risk, or 
                        vulnerability of critical 
                        infrastructure and key national assets;
                          ``(iii) the number, as well as the 
                        density, of persons who will be served 
                        by interoperable communications 
                        systems;
                          ``(iv) the extent of the 
                        partnerships, existing or planned, 
                        established between local jurisdictions 
                        and agencies participating in the 
                        development of interoperable 
                        communications systems, and their 
                        coordination with Federal and State 
                        agencies;
                          ``(v) the level of communications 
                        interoperability already achieved by 
                        the jurisdictions;
                          ``(vi) the extent to which the 
                        communications interoperability plan 
                        submitted under paragraph (4) 
                        adequately addresses steps necessary to 
                        implement short-term or long-term 
                        solutions to communications 
                        interoperability;
                          ``(vii) the extent to which eligible 
                        States and local governments, in light 
                        of their financial capability, 
                        demonstrate their commitment to 
                        expeditiously achieving communications 
                        interoperability by supplementing 
                        Federal funds with non-Federal funds;
                          ``(viii) the extent to which grants 
                        will expedite the achievement of 
                        interoperability in the relevant 
                        jurisdiction with Federal, State, and 
                        local agencies; and
                          ``(ix) the extent to which grants 
                        will be utilized to implement advanced 
                        communications technologies to promote 
                        interoperability.
                  ``(B) Cost sharing.--
                          ``(i) In general.--The Federal share 
                        of the costs of an activity carried out 
                        with a grant to an applicant awarded 
                        under this section shall not exceed 75 
                        percent.
                          ``(ii) In-kind matching.--Each 
                        recipient of a covered grant may meet 
                        the matching requirement under clause 
                        (i) by making in-kind contributions of 
                        goods or services that are directly 
                        linked with the purpose for which the 
                        grant is made, including personnel 
                        overtime, contractor services, 
                        administrative costs, equipment fuel 
                        and maintenance, and rental space.
          ``(6) Reimbursement.--
                  ``(A) In general.--Unless otherwise requested 
                by the recipient of a grant under this 
                subsection, grants shall not be awarded to 
                reimburse the recipient for prior expenditures 
                related to achieving communications 
                interoperability.
                  ``(B) Exception.--The Secretary shall 
                reimburse public safety agencies directly for 
                costs incurred for expenditures related to 
                achieving communications interoperability, if--
                          ``(i) the public safety agency 
                        expended funds after September 11, 
                        2001, and before the date of enactment 
                        of this subsection; and
                          ``(ii) such expenditures are 
                        consistent with and supportive of the 
                        communications interoperability plan 
                        approved by the Secretary under 
                        paragraph (4)(A)(iii).
                  ``(C) Termination of authority.--The 
                authority of the Secretary under subparagraph 
                (B) shall terminate one year after the date on 
                which the Department of Homeland Security first 
                allocates grant funds for this program.
          ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary 
        $500,000,000 for fiscal year 2006, $750,000,000 for 
        fiscal year 2007, $1,000,000,000 for fiscal year 2008, 
        $1,250,000,000 for fiscal year 2009, $1,500,000,000 for 
        fiscal year 2010, and such sums as are necessary each 
        fiscal year thereafter, to carry out the purposes of 
        this subsection.''.

SEC. 1202. STUDY REVIEWING COMMUNICATION EQUIPMENT INTEROPERABILITY.

  (a) Study.--The Secretary of Homeland Security shall conduct 
a study reviewing communication equipment interoperability and 
the viability of an acquisition strategy that requires all 
agencies to purchase equipment made by manufacturers that have 
committed to allow their products to be reverse engineered, so 
that interoperability can be assured regardless of 
manufacturer.
  (b) Report.--The Secretary shall submit to the Congress a 
report on the findings, conclusions, and recommendation of the 
study by not later than 6 months after the date of the 
enactment of this Act.

SEC. 1203. PREVENTION OF DELAY IN REASSIGNMENT OF DEDICATED SPECTRUM 
                    FOR PUBLIC SAFETY PURPOSES.

  It is the sense of Congress that--
          (1) communications interoperability is a critical 
        problem faced by our Nation's first responders;
          (2) permanently correcting this problem requires 
        broadcast spectrum dedicated for use by first 
        responders; and
          (3) Congress supports prompt action to make certain 
        dedicated spectrum is available for use by first 
        responders.

           Subtitle B--Homeland Security Terrorism Exercises

SEC. 1211. SHORT TITLE.

  This subtitle may be cited as the ``Homeland Security 
Terrorism Exercises Act of 2005.''

SEC. 1212. NATIONAL TERRORISM EXERCISE PROGRAM.

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

             ``Subtitle J--Terrorism Preparedness Exercises

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

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

                  Subtitle C--Citizenship Preparedness

SEC. 1221. FINDINGS.

  The Congress finds that individual citizens must be a 
significant part of our overall approach to the Nation's 
security because--
          (1) September 11, 2001, confirmed that all Americans 
        have responsibility for homeland security;
          (2) the United States will not be secure until the 
        hometown is secure and the ``publicity and the 
        vigilance of ordinary Americans make a difference'' in 
        their communities' abilities to prepare for, to train 
        for, and to respond to disasters of all kinds; and
          (3) emergency responders can become overwhelmed in a 
        catastrophic event and citizens must be prepared and 
        trained to take care of themselves and others.

SEC. 1222. PURPOSES.

  The purpose of this title is to to provide an orderly and 
continuing means of assistance by the Federal Government to 
State, local, and tribal governments in carrying out their 
responsibilities to engage all Americans in homeland security 
to provide an orderly and continuing means of assistance by the 
Federal Government to State, local, and tribal governments in 
carrying out their responsibilities to engage all Americans in 
homeland security by--
          (1) achieving greater coordination among citizens, 
        the private sector, non-governmental organizations, and 
        all emergency responder disciplines through Citizen 
        Corps Councils;
          (2) encouraging individuals and communities to 
        prepare for all hazards and threats;
          (3) providing Federal assistance to establish, to 
        build, and to sustain Citizen Corps Councils, which 
        foster a comprehensive partnership among all emergency 
        responder disciplines, government officials, the 
        private sector, community and faith-based organizations 
        to develop a local, risk-based strategy plan to engage 
        citizens in hometown security through accurate 
        preparedness information through public education and 
        outreach; timely event-based information, including 
        alerts and warnings; training in preparedness, 
        prevention, and emergency response skills; and 
        opportunities for collaboration with local emergency 
        responders through volunteer programs, exercises, 
        community outreach, and other coordinated efforts to 
        promote citizen preparedness;
          (4) focusing on how both to include people with 
        disabilities and special needs in emergency 
        preparedness and response training and collaboration 
        opportunities and to ensure that emergency responders 
        are better preparedness to meet the needs of this 
        segment of society; and
          (5) endorsing homeland security plans and strategies 
        that integrate citizen/volunteer resources and 
        participation and task force/advisory council 
        memberships that include advocates for increased 
        citizen participation.

SEC. 1223. CITIZENS CORPS; PRIVATE SECTOR PREPAREDNESS.

  Title I of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following:

``SEC. 104. CITIZEN CORPS AUTHORIZATION.

  ``(a) Administration and Supervision.--Citizen Corps and 
other community preparedness programs in the Department of 
Homeland Security shall be administered by the Executive 
Director of the Office of State and Local Government 
Coordination and Preparedness under the supervision and 
direction of the Secretary.
  ``(b) Executive Director.--The Executive Director---
          ``(1) shall serve as Chair of the National Citizen 
        Corps Council;
          ``(2) shall convene meetings of the National Citizen 
        Corps Council at his own discretion or at the direction 
        of the Secretary;
          ``(3) shall coordinate with State, local, and tribal 
        government personnel, agencies, and authorities, and 
        with the private sector, to ensure adequate planning, 
        equipment, training, and exercise activities to fulfill 
        the mission of engaging citizens in homeland security; 
        and
          ``(4) shall provide periodic reports on the status of 
        Citizen Corps and citizen preparedness to the Homeland 
        Security Council through the Secretary.
  ``(c) Uses of Funds.--Funds made available under this title 
shall be used for the following:
          ``(1) Activities related to the component programs of 
        Citizen Corps, including but not limited to Community 
        Emergency Response Teams, Fire Corps, Volunteers in 
        Police Service, USA on Watch, and Medical Reserve 
        Corps.
          ``(2) To provide funding to States in accordance with 
        Public Law 107-296, except that States must pass 
        through at least 80 percent of funds received under 
        this title to local Citizen Corps Councils.
          ``(3) State and local Citizen Corps councils may 
        purchase educational materials for use in elementary 
        and secondary schools for emergency preparedness 
        education programs.
  ``(d) Coordination With Other Federal Entities.--The 
Executive Director--
          ``(1) shall support the coordination among all 
        Federal entities to develop and sustain Citizen Corps 
        and citizen preparedness and participation, especially 
        the Departments of Health and Human Services, Justice, 
        Commerce, Education, the Environmental Protection 
        Agency, and Corporation for National and Community 
        Service; and
          ``(2) shall have the authority to make contracts, 
        grants, and cooperative agreements, and to enter into 
        agreements with other executive agencies, as may be 
        necessary and proper to carry out the Executive 
        Director's responsibilities under this title or 
        otherwise provided by law.
  ``(e) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
the provisions of this title--
          ``(1) for fiscal year 2006, $50 million;
          ``(2) for fiscal year 2007, $55 million;
          ``(3) for fiscal year 2008, $60 million;
          ``(4) for fiscal year 2009, $65 million; and
          ``(5) for fiscal year 2010, $70 million.

``SEC. 105. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.

  ``(a) Preparedness Program.--Not later than 90 days after the 
date of the enactment of this title, the Secretary shall 
develop and implement a program to enhance private sector 
preparedness for emergencies and disasters, including 
emergencies resulting from acts of terrorism.
  ``(b) Program Elements.--In carrying out the program, the 
Secretary shall develop guidance and identify best practices to 
assist or foster action by the private sector in--
          ``(1) identifying hazards and assessing risks and 
        impacts;
          ``(2) mitigating the impacts of a wide variety of 
        hazards, including weapons of mass destruction;
          ``(3) managing necessary emergency preparedness and 
        response resources;
          ``(4) developing mutual aid agreements;
          ``(5) developing and maintaining emergency 
        preparedness and response plans, as well as associated 
        operational procedures;
          ``(6) developing and maintaining communications and 
        warning systems;
          ``(7) developing and conducting training and 
        exercises to support and evaluate emergency 
        preparedness and response plans and operational 
        procedures;
          ``(8) developing and conducting training programs for 
        security guards to implement emergency preparedness and 
        response plans and operations procedures; and
          ``(9) developing procedures to respond to external 
        requests for information from the media and the public.
  ``(c) Standards.--
          ``(1) In general.-- The Secretary shall support the 
        development of, promulgate, and regularly update as 
        necessary national voluntary consensus standards for 
        private sector emergency preparedness that will enable 
        private sector organizations to achieve optimal levels 
        of emergency preparedness as soon as practicable. Such 
        standards include the National Fire Protection 
        Association 1600 Standard on Disaster/Emergency 
        Management and Business Continuity Programs.
          ``(2) Consultation.--The Secretary shall carry out 
        paragraph (1) in consultation with the Under Secretary 
        for Emergency Preparedness and Response, the Under 
        Secretary for Science and Technology, the Under 
        Secretary for Information Analysis and Infrastructure 
        Protection, and the Special Assistant to the Secretary 
        for the Private Sector.
  ``(d) Coordination.--The Secretary shall coordinate the 
program with, and utilize to the maximum extent practicable--
          ``(1) the voluntary standards for disaster and 
        emergency management and business continuity programs 
        developed by the American National Standards Institute 
        and the National Fire Protection Association; and
          ``(2) any existing private sector emergency 
        preparedness guidance or best practices developed by 
        private sector industry associations or other 
        organizations.''.

                 Subtitle D--Emergency Medical Services

SEC. 1231. EMERGENCY MEDICAL SERVICES ADMINISTRATION.

  (a) Establishment.--Title V of the Homeland Security Act of 
2002 (Public Law 107-296) is amended by adding at the end the 
following:

``SEC. 510. EMERGENCY MEDICAL SERVICES ADMINISTRATION.

  ``(a) Establishment.--There is established, within the 
Directorate of Emergency Preparedness and Response, an 
Emergency Medical Services Administration to oversee and 
coordinate government efforts related to emergency medical 
services response to incidents of terrorism, including 
governmental and nongovernmental emergency medical services.
  ``(b) Responsibilities.--The head of the Emergency Medical 
Services Administration shall--
          ``(1) coordinate activities related to emergency 
        medical services and homeland security;
          ``(2) serve as liaison to the emergency medical 
        services community;
          ``(3) evaluate training programs and standards for 
        emergency medical services personnel;
          ``(4) conduct periodic assessments into the needs and 
        capabilities of emergency medical services providers, 
        including governmental and nongovernmental providers;
          ``(5) conduct periodic research into the number of 
        emergency medical services personnel, including 
        governmental and nongovernmental emergency medical 
        services, as well emergency medical services providers 
        that are associated with fire departments or hospital-
        based.
  ``(c) Nationwide Needs Assessment.--The head of the Emergency 
Medical Services Administration shall conduct nationwide needs 
assessment of emergency medical services capabilities and needs 
related to equipment, training, and personnel.''.
  (b) Clerical Amendment.--The table of contents in section 
1(b) of such Act is amended by adding at the end of the items 
related to title V the following:

``Sec. 510. Emergency Medical Services Administration.''.

SEC. 1232. SENSE OF CONGRESS.

  The Secretary of the Department of Homeland Security should 
review the current system for distributing Emergency Management 
Performance Grants and consider distributing grant funds to 
State emergency managers rather than to State homeland security 
directors.

         Subtitle E--Lessons Learned Information Sharing System

SEC. 1241. LESSONS LEARNED, BEST PRACTICES, AND CORRECTIVE ACTION.

  (a) In General.--In conjunction with the National Memorial 
Institute for the Prevention of Terrorism (MIPT) in Oklahoma 
City, Oklahoma, the Secretary shall support the continued 
growth and operation of the Lessons Learned Information Sharing 
(LLIS.gov) system to promote the generation and dissemination 
of peer-validated lessons learned, best practices, and 
corrective actions across the entire range of emergency 
response and homeland security disciplines for all local, 
state, tribal, and national jurisdictions. Lessons Learned 
Information Sharing is the recognized national collaborative 
network to enhance preparedness and prevention capabilities 
throughout the country. In supporting Lessons Learned 
Information Sharing, the Secretary shall ensure the following:
          (1) that the National Memorial Institute for the 
        Prevention Terrorism (MIPT), in its unique role as an 
        independent and honest broker of lessons learned, best 
        practices, and corrective action, remain the 
        Department's official steward of Lessons Learned 
        Information Sharing;
          (2) that the Lessons Learned Information Sharing 
        system be expanded to include research and analysis on 
        all primary, secondary, and tertiary emergency response 
        and homeland security disciplines;
          (3) that the successful model of the Lessons Learned 
        Information Sharing system be applied to address the 
        lessons learned and best practices needs of both the 
        private sector and the American public at large;
          (4) that the Lessons Learned Information Sharing 
        system be expanded and made available to the emergency 
        responders and domestic security officials of our 
        international allies, as deemed appropriate by the 
        Secretary, to include the collection and accommodation 
        of international lessons learned and best practices;
          (5) that the Lessons Learned Information Sharing 
        system serve as the host platform and parent system for 
        the Department's Corrective Action and Improvement 
        Program that supports the Homeland Security National 
        Exercise Program, Senior Officials Exercises, and Top 
        Officials (TopOff) exercises, in accordance with the 
        Department's Homeland Security Exercise and Evaluation 
        Program (HSEEP);
          (6) that the Lessons Learned Information Sharing 
        system support the continued analysis and 
        implementation of the National Preparedness Goal and 
        National Preparedness Guidance as required by Homeland 
        Security Presidential Decision Directive Eight;
          (7) that the Lessons Learned Information Sharing 
        System shall study the feasibility of developing a non-
        secure section for non-confidential and non-sensitive 
        information;
  (b) Authorization of Appropriations.--The Secretary is 
authorized to be appropriated $17,000,000 for the fiscal year 
2006 to carry out the above requirements.

             Subtitle F--Technology Transfer Clearinghouse

SEC. 1251. SHORT TITLE.

  This subtitle may be cited as the ``Department of Homeland 
Security Technology Development and Transfer Act of 2005''.

SEC. 1252. 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 Undersecretaries 
        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 
                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 and 
                development as appropriate of technologies 
                identified under subparagraph (A), including 
                any necessary modifications to such 
                technologies for anti-terrorism use;
                  ``(C) communicate to Federal, State, and 
                local governmental agencies, emergency response 
                providers, or the private sector the 
                availability of such technologies for anti-
                terrorism 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, modifying, and fielding existing 
                technologies for anti-terrorism purposes; and
          ``(2) in support of the activities described in 
        paragraph (1)--
                  ``(A) consult with Federal, State, and local 
                emergency response providers;
                  ``(B) consult with government and nationally 
                recognized standards organizations as 
                appropriate;
                  ``(C) enter into agreements and coordinate 
                with other Federal agencies and foreign 
                governments 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, and 
                transfer military and other technologies for 
                use by emergency response providers.''.
  (c) Report.--Not later than one 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.

            Subtitle G--Metropolitan Medical Response System

SEC. 1261. METROPOLITAN MEDICAL RESPONSE SYSTEM; AUTHORIZATION OF 
                    APPROPRIATIONS.

  (a) Authorizations of Appropriations.--For the Metropolitan 
Medical Response System within the Department of Homeland 
Security, there is authorized to be appropriated $50,000,000 
for each of the fiscal years 2006 through 2008.
  (b) Reservation of Amounts for Local Responsibilities.--Of 
the amounts appropriated under subsection (a) for a fiscal 
year, the Secretary of Homeland Security shall reserve not less 
than 90 percent to provide funds to the appropriate local 
entities for carrying out local responsibilities with respect 
to the Metropolitan Medical Response System.

                TITLE XIII--FIGHTING DOMESTIC TERRORISM

SEC. 1301. ADVISORY COMMITTEE ON DOMESTIC TERRORIST ORGANIZATIONS.

  (a) Requirement to Establish.--Title I of the Homeland 
Security Act of 2002 (Public Law 107-296) is amended by adding 
at the end the following:

``SEC. 104. ADVISORY COMMITTEE ON DOMESTIC TERRORIST ORGANIZATIONS.

  ``(a) Establishment.--To assist the Secretary in identifying 
the threat posed by domestic terrorist organizations, the 
Secretary shall establish an advisory body pursuant to section 
871(a) by not later than 60 days after the date of the 
enactment of this section, which shall be known as the Advisory 
Committee on Domestic Terrorist Organizations.
  ``(b) Report.--The advisory committee shall submit to the 
Secretary, by not later than 6 months after its establishment 
by the Secretary under subsection (a) and not later than every 
1 year thereafter, a report on the threat posed by domestic 
terrorist organizations. Each report shall--
          ``(1) include an assessment of the nature and scope 
        of domestic terrorist organization threats to the 
        homeland;
          ``(2) detect and identify threats of domestic 
        terrorist organizations against the United States;
          ``(3) assess the Department's performance in 
        detecting, identifying, and countering domestic 
        terrorist organizations and their threat to the 
        homeland; and
          ``(4) suggest improvements in the Department's 
        efforts to detect, identify, and counter domestic 
        terrorist organizations and their threat to the 
        homeland.
  ``(c) Advise on Particular Threats.--At the Secretary's 
discretion, the Advisory Committee may also advise the 
Secretary on particular threats posed by domestic terrorist 
organizations.
  ``(d) Membership.--
          ``(1) In general.--The Advisory Committee shall 
        consist of representatives of 15 organizations that 
        have long-standing experience in monitoring domestic 
        terrorist organizations and assessing their danger, and 
        shall include a representative of each of--
                  ``(A) the Southern Poverty Law Center;
                  ``(B) the Simon Wiesenthal Center;
                  ``(C) the Anti-Defamation League;
                  ``(D) the National Association for the 
                Advancement of Colored People;
                  ``(E) the Arab American Institute;
                  ``(F) the American-Arab Anti-Discrimination 
                Committee;
                  ``(G) the National Coalition of Anti-Violence 
                Programs; and
                  ``(H) the National Abortion Federation.
          ``(2) Ex officio members.--The Secretary shall 
        designate one or more officers of the Department to 
        serve as ex officio members of the Advisory Committee. 
        One of such ex officio members from the Department 
        shall be the designated officer of the Federal 
        Government for purposes of subsection (e) of section 10 
        of the Federal Advisory Committee Act (5 App. U.S.C.).
  ``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee 
Act (5 App. U.S.C.), including subsections (a), (b), and (d) of 
section 10 of such Act, and section 552b(c) of title 5, Untied 
States Code, shall apply to the Task Force.
  ``(f) Terrorist Organization Defined.--In this section, the 
term `domestic terrorist organization' means an organization 
that is based primarily in the United States and that engages 
in domestic terrorism (as that term is defined in section 2331 
of title 18, United States Code) or that has the capability and 
intent to engage in domestic terrorism.''.
  (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 title I the following:

``Sec. 104. Advisory Committee on Domestic Terrorist Organizations.''.

  TITLE XIV--CREATING A DIVERSE AND MANAGEABLE DEPARTMENT OF HOMELAND 
                                SECURITY

               Subtitle A--Authorities of Privacy Officer

SEC. 1401. AUTHORITIES OF PRIVACY OFFICER.

  Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142) is amended--
          (1) by inserting before the first sentence the 
        following: ``(a) Appointment and Responsibilities.--'';
          (2) in subsection (a) (as designated by the amendment 
        made by paragraph (1) of this section) by striking ``to 
        assume'' and inserting ``as the Privacy Officer of the 
        Department. The Privacy Officer shall have''; and
          (3) by adding at the end the following:
  ``(b) Authority to Investigate.--The Privacy Officer shall 
have the same authority as the Inspector General of the 
Department to require employees of the Department to produce 
documents and answer questions, with respect to any matter 
within the authority of the senior official under subsection 
(a).
  ``(c) Term of Office.--The term of appointment of an 
individual as Privacy Officer shall be 5 years.
  ``(d) Reports to Congress.--The Privacy Officer shall submit 
reports directly to the Congress regarding any matter within 
the authority of the Privacy Officer under this section, 
without any prior comment or amendment from the Secretary, 
Deputy Secretary, or any other officer or employee of the 
Department or the Office of Management and Budget.''.

   Subtitle B--Ensuring Diversity in Department of Homeland Security 
                                Programs

SEC. 1411. ANNUAL REPORTS RELATING TO EMPLOYMENT OF COVERED PERSONS.

  (a) Definitions.--For purposes of this section--
          (1) the term ``Secretary'' means the Secretary of 
        Homeland Security;
          (2) the term ``Department'' means the Department of 
        Homeland Security;
          (3) the term ``covered persons'' means--
                  (A) racial and ethnic minorities;
                  (B) women; and
                  (C) individuals with disabilities;
          (4) the term ``category'', as used with respect to 
        covered persons, refers to the categories of persons 
        identified in subparagraphs (A), (B), and (C), 
        respectively, of paragraph (3); and
          (5) the term ``element'', as used with respect to the 
        Department, means a directorate of the Department and 
        the office of the Secretary.
  (b) Annual Reports.--Not later than February 1 of each year, 
the Secretary shall prepare and transmit to each House of 
Congress a report on the employment of covered persons by the 
Department during the preceding fiscal year. Each such report 
shall include, for each element of the Department, the 
following:
          (1) The total number of individuals holding positions 
        within such element as of the end of such fiscal year 
        and, of that number, the percentage (in the aggregate 
        and by category) that covered persons comprised.
          (2) For each pay grade, pay band, or other pay 
        classification of each pay schedule and for every other 
        rate of pay--
                  (A) the total number of individuals holding 
                positions within such element as of the end of 
                such fiscal year who were subject to each such 
                pay classification or rate; and
                  (B) of the respective numbers under 
                subparagraph (A), the percentage (in the 
                aggregate and by category) that covered persons 
                comprised.
          (3) The total number of individuals appointed to 
        positions within such element during such fiscal year 
        and, of that number, the percentage (in the aggregate 
        and by category) that covered persons comprised.
  (c) Unclassified Form.--Each report under this section shall 
be submitted in unclassified form, but may include a classified 
annex if the Secretary considers one to be necessary.

SEC. 1412. PROCUREMENT.

  (a) Report.--Not later than 360 days after the date of the 
enactment of this Act, the Chief Procurement Officer of the 
Department of Homeland Security shall submit to the Secretary 
of Homeland Security, the Committee on Homeland Security of the 
House of Representatives, and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report that--
          (1) identifies each program of the Department for 
        which the aggregate value of contracts awarded in 
        fiscal year 2005 under the program to persons that are 
        small disadvantaged business, women-owned small 
        businesses, or historically underutilized business 
        zones (popularly known as ``HUBZones'' ) was less than 
        5 percent of the total value of all contracts awarded 
        under the program in that fiscal year; and
          (2) identifies and describes any barriers to 
        achieving a goal of awarding to such persons each 
        fiscal year contracts having an aggregate value of at 
        least 5 percent of the total value of all contracts 
        awarded under the program in the fiscal year.
  (b) Action Plan.--
          (1) Action plan required.--Not later than 90 days 
        after the date of the submission of the report required 
        under subsection (a), the Chief Procurement Officer, in 
        consultation with Office of Small and Disadvantaged 
        Businesses Utilization of the Department, shall develop 
        , submit to the Committees referred to in subsection 
        (a), and begin implementing for each program identified 
        under subsection (a)(1) an action plan for achieving 
        the goal described in subsection (a)(2).
          (2) Performance measures and timetable.--Each action 
        plan shall include performance measures and a timetable 
        for compliance and achievement of the goal described in 
        subsection (a)(2).

SEC. 1413. CENTERS OF EXCELLENCE PROGRAM.

  In selecting the first institution of higher education 
selected after the date of the enactment of this Act under the 
Department of Homeland Security Centers of Excellence program, 
the Secretary of Homeland Security shall select an otherwise 
eligible applicant that is an historically black college or 
university that receives assistance under part B of title III 
of the Higher Education Act of 1965 (20 U.S.C 106 et seq), an 
hispanic-serving institution (as that term is defined in 
section 502 of the Higher Education Act of 1965 (20 U.S.C. 
1101a), or a tribally controlled college or university (as that 
term is defined in section 2 of the Tribally Controlled College 
or University Assistance Act of 1978 (25 U.S.C. 1801).

           Subtitle C--Protection of Certain Employee Rights

SEC. 1421. PROVISIONS TO PROTECT CERTAIN EMPLOYEE RIGHTS.

  (a) Collective Bargaining, Appeals, Etc.--
          (1) In general.--Section 9701(c) of title 5, United 
        States Code, is amended--
                  (A) in paragraph (1), by inserting ``(F),'' 
                after ``(E),''; and
                  (B) in paragraph (2), by striking ``59, 72, 
                73, and 79,'' and inserting ``and 59,''.
          (2) Conforming amendment.--Section 9701(f) of title 
        5, United States Code, is repealed.
  (b) Rates of Pay.--Section 9701(d) of title 5, United States 
Code, is amended--
          (1) in paragraph (2), by striking ``or'' after the 
        semicolon;
          (2) in paragraph (3), by striking the period and 
        inserting ``; or''; and
          (3) by inserting after paragraph (3) the following:
          ``(4) to fix the pay for any position at a rate that 
        is less than--
                  ``(A) in the case of a position that (if this 
                chapter had not been enacted) would have been 
                subject to the provisions of this title 
                relating to the General Schedule, the rate 
                determined under such provisions; or
                  ``(B) in the case of any other position, the 
                rate determined under such provisions for the 
                position that is most similar in its duties and 
                responsibilities to those of such other 
                position (as determined under regulations) and 
                that is subject to such provisions.''.
  (c) Effective Dates.--
          (1) Subsection (a).--The amendments made by 
        subsection (a) shall take effect as if included in the 
        enactment of the Homeland Security Act of 2002 (Public 
        Law 107-296; 6 U.S.C. 101 note).
          (2) Subsection (b).--The amendments made by 
        subsection (b) shall take effect on the date of the 
        enactment of this Act and shall apply with respect to 
        pay for service performed in any pay period beginning 
        on or after such date.

                 Subtitle D--Whistleblower Protections

SEC. 1431. WHISTLEBLOWER PROTECTIONS.

  (a) In General.--No covered individual may be discharged, 
demoted, suspended, threatened, harassed, reprimanded, 
investigated, or in any other manner discriminated against 
(including by a denial, suspension, or revocation of a security 
clearance or by any other security access determination) if 
such discrimination is due, in whole or in part, to any lawful 
act done, perceived to have been done, or intended to be done 
by the covered individual--
          (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation 
        regarding any conduct which the covered individual 
        reasonably believes constitutes a violation of any law, 
        rule or regulation relating to national or homeland 
        security, which the covered individual reasonably 
        believes constitutes a threat to national or homeland 
        security, or which the covered individual reasonably 
        believes constitutes fraud, waste or mismanagement of 
        Government funds intended to be used for national or 
        homeland security, when the information or assistance 
        is provided to or the investigation is conducted by--
                  (A) a Federal, State or local regulatory or 
                law enforcement agency (including an office of 
                Inspector General under the Inspector General 
                Act of 1978);
                  (B) any Member of Congress, any committee of 
                Congress, or the Government Accountability 
                Office; or
                  (C) a person with supervisory authority over 
                the covered individual (or such other person 
                who has the authority to investigate, discover, 
                or terminate misconduct);
          (2) to file, cause to be filed, testify, participate 
        in, or otherwise assist in a proceeding or action filed 
        or about to be filed relating to an alleged violation 
        of any law, rule or regulation relating to national or 
        homeland security; or
          (3) to refuse to violate or assist in the violation 
        of any law, rule, or regulation relating to national or 
        homeland security.
  (b) Enforcement Action.--
          (1) In general.--A covered individual who alleges 
        discharge or other discrimination by any person in 
        violation of subsection (a) may seek relief under 
        subsection (c) by--
                  (A) filing a complaint with the Secretary of 
                Labor; or
                  (B) if the Secretary has not issued a final 
                decision within 180 days after the filing of 
                the complaint and there is no showing that such 
                delay is due to the bad faith of the claimant, 
                bringing an action at law or equity for de novo 
                review in the appropriate district court of the 
                United States, which shall have jurisdiction 
                over such an action without regard to the 
                amount in controversy.
          (2) Procedure.--
                  (A) In general.--An action under paragraph 
                (1)(A) shall be governed under the rules and 
                procedures set forth in section 42121(b) of 
                title 49, United States Code.
                  (B) Exception.--Notification made under 
                section 42121(b)(1) of title 49, United States 
                Code, shall be made to the person named in the 
                complaint and to the person's employer.
                  (C) Burdens of proof.--An action brought 
                under paragraph (1)(B) shall be governed by the 
                legal burdens of proof set forth in section 
                42121(b) of title 49, United States Code.
                  (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 
                1 year after the date on which the violation 
                occurs.
  (c) Remedies.--
          (1) In general.--A covered individual prevailing in 
        any action under subsection (b)(1) shall be entitled to 
        all relief necessary to make the covered individual 
        whole.
          (2) Damages.--Relief for any action under paragraph 
        (1) shall include--
                  (A) reinstatement with the same seniority 
                status that the covered individual would have 
                had, but for the discrimination;
                  (B) the amount of any back pay, with 
                interest;
                  (C) compensation for any special damages 
                sustained as a result of the discrimination, 
                including litigation costs, expert witness 
                fees, and reasonable attorney fees; and
                  (D) punitive damages in an amount not to 
                exceed the greater of 3 times the amount of any 
                compensatory damages awarded under this section 
                or $5,000,000.
  (d) State Secrets Privilege.--If, in any action brought under 
subsection (b)(1)(B), the Government asserts as a defense the 
privilege commonly referred to as the ``state secrets 
privilege'' and the assertion of such privilege prevents the 
plaintiff from establishing a prima facie case in support of 
the plaintiff's claim, the court shall enter judgment for the 
plaintiff and shall determine the relief to be granted.
  (e) Criminal Penalties.--
          (1) In general.--It shall be unlawful for any person 
        employing a covered individual to commit an act 
        prohibited by subsection (a). Any person violating this 
        paragraph shall be fined under title 18 of the United 
        States Code, imprisoned not more than 10 years, or 
        both.
          (2) Reporting requirement.--The Department of Justice 
        shall submit to Congress an annual report on the 
        enforcement of paragraph (1). Each such report shall 
        (A) identify each case in which formal charges under 
        paragraph (1) were brought, (B) describe the status or 
        disposition of each such case, and (C) in any actions 
        under subsection (b)(1)(B) in which the covered 
        individual was the prevailing party or the 
        substantially prevailing party, indicate whether or not 
        any formal charges under paragraph (1) have been 
        brought and, if not, the reasons therefor.
  (f) Rights Retained by Covered Individual.--Nothing in this 
section shall be deemed to diminish the rights, privileges, or 
remedies of any covered individual under any Federal or State 
law, or under any collective bargaining agreement. The rights 
and remedies in this section may not be waived by any 
agreement, policy, form, or condition of employment.
  (g) Definitions.--For purposes of this section--
          (1) the term ``covered individual'' means an employee 
        of--
                  (A) the Department of Homeland Security 
                (which, for purposes of this section, includes 
                the Transportation Security Administration);
                  (B) a Federal contractor or subcontractor; 
                and
                  (C) an employer within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e(b));
          (2) the term ``lawful'' means not specifically 
        prohibited by law, except that, in the case of any 
        information the disclosure of which is specifically 
        prohibited by law or specifically required by Executive 
        order to be kept secret in the interest of national 
        defense or the conduct of foreign affairs, any 
        disclosure of such information to any Member of 
        Congress, committee of Congress, or other recipient 
        authorized to receive such information, shall be deemed 
        lawful;
          (3) the term ``Federal contractor'' means a person 
        who has entered into a contract with the Department of 
        Homeland Security;
          (4) the term ``employee'' means--
                  (A) with respect to an employer referred to 
                in paragraph (1)(A), an employee as defined by 
                section 2105 of title 5, United States Code; 
                and
                  (B) with respect to an employer referred to 
                in subparagraph (A) or (B) of paragraph (1), 
                any officer, partner, employee, or agent;
          (5) the term ``subcontractor''--
                  (A) means any person, other than the Federal 
                contractor, who offers to furnish or furnishes 
                any supplies, materials, equipment, or services 
                of any kind under a contract with the 
                Department of Homeland Security or a 
                subcontract entered into in connection with 
                such a contract; and
                  (B) includes any person who offers to furnish 
                or furnishes general supplies to the Federal 
                contractor or a higher tier subcontractor; and
          (6) the term ``person'' means a corporation, 
        partnership, State entity, business association of any 
        kind, trust, joint-stock company, or individual.
  (h) Authorization of Funds.--Of the amounts authorized under 
section 101, there is authorized to be appropriated amounts 
necessary for carrying out this section. Except as provided in 
the preceding sentence, this section shall have no force or 
effect.

           Subtitle E--Authority of Chief Information Officer

SEC. 1441. AUTHORITY OF CHIEF INFORMATION OFFICER.

  Section 703 of the Department of Homeland Security Act of 
2002 (6 U.S.C. 343) is amended by inserting ``(a) In General.-
'' before the first sentence, and by adding at the end the 
following:
  ``(b) Line Authority.--The Secretary shall delegate to the 
Chief Information Officer direct line authority to oversee all 
chief information officers of the agencies of the Department, 
and other key information technology personnel of the 
Department, with respect to their responsibilities to oversee, 
integrate, and protect information technology systems of the 
Department. The Chief Information Officer shall report directly 
to the Secretary.''.

       Subtitle F--Authorization for Office of Inspector General

SEC. 1451. AUTHORIZATION FOR OFFICE OF INSPECTOR GENERAL.

  In lieu of any amount otherwise authorized for the Office of 
the Inspector General of the Department of Homeland Security, 
there is authorized to be appropriated for such office 
$200,000,000 for fiscal year 2006.

                      Subtitle G--Regional Office

SEC. 1461. COLOCATED REGIONAL OFFICES.

  Not later than 45 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall develop and 
implement 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), that will--
          (1) enable a rapid, robust, and coordinated Federal 
        response to threats and incidents;
          (2) enhance all-hazards preparedness across the 
        United States with respect to terrorism, natural 
        disasters, other emergencies;
          (3) provide integrated capabilities among the 
        Department of Homeland Security, other Federal 
        agencies, and Stated and local governments; and
          (4) maximize cost savings and efficiencies through 
        establishment of regional offices at current DHS agency 
        regional structures with contiguous multi-State 
        operations.

               Subtitle H--DHS Terrorism Prevention Plan

SEC. 1471. SHORT TITLE.

  This subtitle may be cited as the ``Department of Homeland 
Security Terrorism Prevention Plan Act of 2005''.

SEC. 1472. DEPARTMENT OF HOMELAND SECURITY TERRORISM PREVENTION PLAN.

  (a) Requirements.--Not later than one year after the date of 
enactment of the Act, and on a regular basis thereafter, the 
Secretary of Homeland Security shall prepare and submit to the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs 
of the Senate a Department of Homeland Security Terrorism 
Prevention Plan. The Plan shall be a comprehensive and 
integrated plan that includes the goals, objectives, 
milestones, and key initiatives of the Department of Homeland 
Security to prevent acts of terrorism on the United States, 
including its territories and interests.
  (b) Contents.--The Secretary shall include in the Plan the 
following elements:
          (1) Identification and prioritization of groups and 
        subgroups that pose the most significant threat of 
        committing acts of terrorism on the United States and 
        its interests.
          (2) Identification of the most significant current, 
        evolving, and long term terrorist threats to the United 
        States and its interests, including an evaluation of--
                  (A) the materials that may be used to carry 
                out a potential attack;
                  (B) the methods that may be used to carry out 
                a potential attack; and
                  (C) the outcome the perpetrators of acts of 
                terrorism aim to achieve.
          (3) A prioritization of the threats identified under 
        paragraph (2), based on an assessment of probability 
        and consequence of such attacks.
          (4) 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.
          (5) The policies and procedures the Secretary shall 
        establish to ensure the Department gathers real time 
        information from the National Counter Terrorism Center; 
        disseminates this information throughout the 
        Department, as appropriate; utilizes this information 
        to support the Department's counter terrorism 
        responsibilities; integrates the Departments 
        information collection and analysis functions; and 
        disseminates this information to its operational units, 
        as appropriate.
          (6) A description of the specific actions the 
        Secretary shall take to identify threats of terrorism 
        on the United States and its interests, and to 
        coordinate activities within the Department to prevent 
        acts of terrorism, with special emphasis on prevention 
        of terrorist access to and use of weapons of mass 
        destruction.
          (7) A description of initiatives the Secretary shall 
        take to share critical terrorism prevention information 
        with, and provide terrorism prevention support to, 
        State and local governments and the private sector.
          (8) 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.
          (9) Such other terrorism prevention-related elements 
        as the Secretary considers appropriate.
  (c) Consultation.--In formulating the Plan the Secretary 
shall consult with--
          (1) the Director of National Intelligence;
          (2) the Director of the National Counter Terrorism 
        Center;
          (3) the Attorney General;
          (4) the Director of the Federal Bureau of 
        Investigation;
          (5) the Secretary of Defense;
          (6) the Secretary of State;
          (7) the Secretary of Energy;
          (8) the Secretary of the Treasury; and
          (9) the heads of other Federal agencies and State, 
        county, and local law enforcement agencies as the 
        Secretary considers appropriate.
  (d) Classification.--The Secretary shall prepare the Plan in 
both classified and nonclassified forms.

SEC. 1473. ANNUAL CROSSCUTTING ANALYSIS OF PROPOSED FUNDING FOR 
                    DEPARTMENT OF HOMELAND SECURITY PROGRAMS.

  (a) 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:
          (1) To prevent terrorist attacks within the United 
        States.
          (2) To reduce the vulnerability of the United States 
        to terrorism.
          (3) To minimize the damage, and assist in the 
        recovery, from terrorist attacks that do occur within 
        the United States.
          (4) To carry out all functions of the agencies and 
        subdivisions within the Department that are not related 
        directly to homeland security.
  (b) Funding Analysis of Multipurpose Functions.--The analysis 
required under subsection (a) 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.
  (c) Included Terrorism Prevention Activities.--The analysis 
required under subsection (a)(1) shall include the following 
activities (among others) of the Department:
          (1) Collection and effective use of intelligence and 
        law enforcement operations that screen for and target 
        individuals who plan or intend to carry out acts of 
        terrorism.
          (2) Investigative, intelligence, and law enforcement 
        operations that identify and disrupt plans for acts of 
        terrorism or reduce the ability of groups or 
        individuals to commit acts of terrorism.
          (3) Investigative activities and intelligence 
        operations to detect and prevent the introduction of 
        weapons of mass destruction into the United States.
          (4) Initiatives to detect potential, or the early 
        stages of actual, biological, chemical, radiological, 
        or nuclear attacks.
          (5) Screening passengers against terrorist watch 
        lists.
          (6) Screening cargo to identify and segregate high-
        risk shipments.
          (7) Specific utilization of information sharing and 
        intelligence, both horizontally (within the Federal 
        Government) and vertically (among Federal, State, and 
        local governments), to detect or prevent acts of 
        terrorism.
          (8) Initiatives, including law enforcement and 
        intelligence operations, to preempt, disrupt, and deter 
        acts of terrorism overseas intended to strike the 
        United States.
          (9) 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 paragraphs (1) through (8).
  (d) Separate Displays for Mandatory and Discretionary 
Amounts.--Each analysis under subsection (a) shall include 
separate displays for proposed mandatory appropriations and 
proposed discretionary appropriations.

                      Subtitle I--Tribal Security

SEC. 1481. OFFICE OF TRIBAL SECURITY.

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

``SEC. 802. OFFICE OF TRIBAL SECURITY.

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

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

   TITLE XV--SECURING OUR PORTS AND COASTLINES FROM TERRORIST ATTACK

SEC. 1501. 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 non-intrusive 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.
  (f) Port Security Grant Funding.--Section 70107(h) of title 
46, United States Code, is amended to read as follows:
  ``(h) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out subsections 
(a) through (g) $400,000,000 for fiscal years 2006 through 
2012.''.
  (g) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
          (1) the Committee on Homeland Security of the House 
        of Representatives; and
          (2) the Committee on Homeland Security and 
        Governmental Affairs of the Senate.

SEC. 1502. STUDY ON PORT RISKS.

  The Secretary of Homeland Security shall complete a study 
evaluating the terrorism risk factors associated with the port 
of Miami and ports along the Gulf of Mexico and in the 
Carribean, including the United States Virgin Islands. This 
study should include: whether these ports are more at risk of 
terrorist attack considering the larger trade volume with 
Central American countries than other coastal ports, whether 
these ports are currently receiving the grants that are needed 
to ensure their safety, considering the studied risks and what 
are the vulnerabilities of these Gulf ports.

             TITLE XVI--AUTHORITY OF OTHER FEDERAL AGENCIES

SEC. 1601. AUTHORITY OF OTHER FEDERAL AGENCIES UNAFFECTED.

  Nothing in this Act affects the authority under statute, 
regulation, or Executive order of other Federal agencies than 
the Department of Homeland Security.

                                  
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