Department of Homeland Security Authorization Act for Fiscal Year 2006 - Title I: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for the Department of Homeland Security (DHS) for FY 2006, including for: (1) U.S. Customs and Border Protection (CBP); (2) DHS management and operations; (3) critical infrastructure grants; (4) research and development; (5) border and transportation security; (6) State and local terrorism preparedness; (7) the Immigration and Customs Enforcement Legal Program and for additional immigration adjudicators; and (8) training State and local personnel to carry out certain immigration functions.
Title II: Terrorism Prevention, Information Sharing, and Risk Assessment - Subtitle A: Terrorism Prevention - (Sec. 201) Requires the Secretary of Homeland Security (Secretary) to establish a consolidated process for conducting security screening and background checks sufficient to meet the requirements of all applicable DHS programs, including: (1) the Transportation Worker Identification Credential; (2) the Department of Transportation Hazardous Materials Endorsement credentialing program; (3) the Free and Secure Trade program; (4) NEXUS and SENTRI border crossing programs; and (5) the Registered Traveler program of the Transportation Security Administration (TSA).
Subtitle B: Homeland Security Information Sharing and Analysis Enhancement - Homeland Security Information Sharing and Analysis Enhancement Act of 2005 - (Sec. 212) Amends the Homeland Security Act of 2002 (HSA) to expand the responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection (Under Secretary), including with regard to dissemination of information relevant to critical infrastructure sectors and information concerning the use of nuclear or biological terrorism to inflict mass casualties or other catastrophic consequences.
(Sec. 214) Requires the Secretary to establish a process for the alternative analysis (red-team analysis) of homeland security information concerning the use of nuclear or biological terrorism to inflict mass casualties or other catastrophic consequences.
(Sec. 215) Requires the Under Secretary to assign specified Information Analysis and Infrastructure Protection functions to the Assistant Secretary for Information Analysis, the Assistant Secretary for Infrastructure Protection, and the Assistant Secretary for Cybersecurity.
(Sec. 216) States that the Secretary shall be tresponsible for coordinating all homeland security threat analysis to be provided to State and local governments, tribal officials, and the private sector. Prohibits Federal officials from disseminating such information to State, local, tribal, or private sector officials without the coordination of the Secretary, except: (1) in exigent circumstances requiring immediate communication; or (2) when such information is issued to State, local, or tribal law enforcement officials to assist in the administration of criminal justice.
(Sec. 217) Establishes the 9/11 Memorial Homeland Security Fellows Program to bring State, local, tribal, and private sector officials to participate in the Homeland Security Operations Center. Limits eligibility for the program to persons with homeland security-related responsibilities who possess appropriate national security clearances.
(Sec. 218) Gives the Under Secretary responsibility for: (1) ensuring that information regarding threats of terrorism involving nuclear weapons is comprehensively analyzed and timely disseminated; (2) ensuring that the Assistant Secretary for Information Analysis has prompt access to such information and to all terrorism-related information in the possession of any DHS component; and (3) administering the homeland security information network.
(Sec. 221) Authorizes the payment of recruitment bonuses for positions primarily involving the discharge of analytic responsibilities within the Directorate of Information Analysis and Infrastructure Protection, giving appropriate consideration to the Directorate's critical need for linguists.
(Sec. 222) Requires the Joint Intelligence Community Council to advise the Director of National Intelligence (DNI) with respect to homeland security intelligence requirements. Authorizes the President to designate Government officers (in addition to those members named or designated under the National Security Act) to serve on such Council in a capacity limited to considering homeland security intelligence requirements. Requires the Secretary to be a member of any DNI-established interagency collection and requirements management board operating in response to presidential intelligence guidelines.
(Sec. 223) Requires the Under Secretary to: (1) implement a Homeland Security Advisory System; and (2) ensure the full and efficient use of open-source information by specified officials.
(Sec. 226) Directs the Under Secretary to ensure that the Assistant Secretary for Information Analysis serves as the official responsible for coordinating with elements of the intelligence community.
Title III: Domestic Preparedness and Protection - Subtitle A: Preparedness and Protection - (Sec. 301) Directs the Secretary: (1) through the Office for Domestic Preparedness, to establish a National Terrorism Exercise program; (2) to consult with first responder disciplines in carrying out such responsibilities; and (3) within one year after enactment of this Act, to design and carry out a national terrorism prevention exercise for the purposes of involving top officials, and testing and evaluating the Nation's capability to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction.
(Sec. 302) Requires the Secretary to complete establishment of the Technology Clearinghouse within 90 days of enactment of this Act. Adds as a required component of the program for technological innovation mandated by the HSA the establishment of a homeland security technology transfer program. Requires the Under Secretary for Science and Technology to establish a working group in coordination with the Secretary of Defense to advise and assist the technology clearinghouse in the identification of military technologies.
(Sec. 303) Directs the Secretary to conduct a study of all DHS procurements to: (1) identify procurements specifically relating to terrorism; and (2) assess whether such procurements are candidates for the litigation and risk management protections of HSA.
(Sec. 304) Requires the Secretary to establish a university-based Center for Excellence for Border Security following the merit review processes and procedures established for University Programs Centers for Excellence. Requires the Center to prioritize its activities on the basis of risk.
(Sec. 305) Authorizes the Secretary to designate a foreign port for participation in the Container Security Initiative (CSI) if: (1) the benefits of designation outweigh the costs; and (2) the Secretary enters into an agreement with the foreign government of such port to establish security criteria and cargo container screening. Addresses the deployment of inspection equipment and personnel to CSI ports. Requires cargo containers arriving at U.S. ports of entry from a CSI port to undergo the same level of terrorism-related inspection and screening as cargo containers arriving at such ports from foreign ports that are not CSI participants unless a container was initially inspected at a CSI port and CSI personnel verify that it has not been compromised by terrorists or terrorist weapons.
(Sec. 306) Requires the Secretary: (1) within 180 days of enactment of this Act, to establish certain standards and procedures for securing maritime cargo containers ; (2) within 90 days after establishing such standards, to issue consistent regulations; (3) to seek to enter into international agreements to establish such standards; (4) to develop a strategy to improve the DHS's ability to use advance cargo information to identify and provide additional review of anomalies contained in such information; and (5) to coordinate all DHS programs relating to maritime cargo container security. Authorizes the Secretary to establish a demonstration program integrating nonintrusive inspection equipment at appropriate U.S. seaports.
(Sec. 307) Directs the Secretary to implement a provision of the Vision 100-Century of Aviation Reauthorization Act (requiring development and implementation of a security plan that permits general aviation at Ronald Reagan Washington National Airport).
(Sec. 308) Expresses the sense of Congress that DHS should implement as expeditiously as possible initiatives assigned to the Office for Interoperability and Compatibility under the Intelligence Reform and Terrorism Prevention Act of 2004 (Intelligence Reform Act).
(Sec. 309) Requires the Secretary to report to the House Committee on Homeland Security and the Senate Homeland Security and Governmental Affairs Committee on how DHS will implement applicable recommendations from a GAO report on the protection of agriculture from a terrorist attack.
(Sec. 310) Provides that passengers on commercial flight arriving at and departing from Ronald Reagan Washington National Airport shall remain seated for 15 minutes after takeoff and before touchdown (currently, 30 minutes). States that flight diversion for violations shall only occur if the captain determines that the passenger's action presents a threat.
(Sec. 310A) Requires the Secretary to study the feasibility of conducting Federal flight deck officer initial training through the United States, enhance pilot access to such training, and establish qualification standards for training facilities. Authorizes the Assistant Secretary of Homeland Security (TSA) to revoke the deputization of a Federal flight deck officer. Sets forth hearing and appeal requirements in the event of revocation. Directs the Secretary to implement a pilot program allowing participants in the Federal flight deck officer program to transport firearms on their persons. Encourages the President to aggressively pursue agreements with foreign governments to allow maximum deployment of Federal flight deck officers on international flights.
Subtitle B: Department of Homeland Security Cybersecurity Enhancement - Department of Homeland Security Cybersecurity Enhancement Act of 2005 - (Sec. 312) Establishes in DHS an Assistant Secretary for Cybersecurity who shall be appointed by the President.
(Sec. 313) Authorizes the Secretary, acting through the Assistant Secretary for Cybersecurity, to establish a cybersecurity grant program for institutions of higher education in conjunction with the National Science Foundation.
(Sec. 314) Directs the Under Secretary for Science and Technology to support research and development in cybersecurity, emphasizing research and development relevant to large-scale, high-impact attacks.
Subtitle C: Security of Public Transportation Systems - (Sec. 321) Requires the Secretary, in coordination with the Secretary of Transportation, to issue a report containing best practices for the security of public transportation systems. Requires the Secretary of Transportation, after consulting with the Secretary, to 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 system security related to threats of terrorism.
Subtitle D: Critical Infrastructure Prioritization - (Sec. 331) Directs the Secretary, within 90 days of enactment of this Act, to complete prioritization of the Nation's critical infrastructure according to the following criteria: (1) the threat of terrorist attack; (2) the likelihood that an attack would destroy or significantly disrupt such infrastructure; and (3) the likelihood that an attack would result in substantial numbers of deaths and serious bodily injuries, a substantial adverse economic impact, or a substantial adverse impact on national security.
(Sec. 332) Requires the Secretary, in coordination with Federal agencies, State, local, and tribal governments, and the private sector, to review plans for securing critical infrastructure and report to the House Committee on Homeland Security and the Senate Committee on Governmental Affairs on implementation of the review requirement.
(Sec. 334) Protects from disclosure certain critical infrastructure information generated, compiled, or disseminated by DHS.
Title IV: U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement - (Sec. 401) Requires the Commissioner of U.S. Customs and Border Protection (CBP) and the Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) to establish and implement cost accounting systems for their respective entities.
(Sec. 402) Directs the Commissioner of CBP to submit reports to Congress on the One Face at the Border Initiative (a DHS initiative that unifies customs, immigration, and agricultural inspection functions by cross-training CBP personnel).
(Sec. 403) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for the payment of overtime for CBP employees performing customs border patrol services by charter air carriers where the services are requested by such carriers for charter flights arriving after normal operating hours.
(Sec. 404) Expresses the sense of Congress that CBP should broadly interpret, implement, and enforce specified textile and apparel provisions of the African Growth and Opportunity Act, Andean Trade Preference Act, and Caribbean Basin Economic Recovery Act in order to expand trade by maximizing opportunities for imports from eligible beneficiary countries.
(Sec. 405) Directs the Secretary to create at least four remote (away from the U.S. border) enrollment centers for the Free and Secure Trade (FAST), Secure Electronic Network for Travelers Rapid Inspection (SENTRI), and NEXUS programs.
Title V: Miscellaneous - (Sec. 501) Requires the Secretary, within 30 days of enactment of this Act, to evaluate the organizational structure of DHS and to submit a report to Congress addressing the current division of immigration functions pursuant to the President's January 30, 2003, reorganization plan.
(Sec. 502) Requires the Comptroller General to submit reports to appropriate congressional committees assessing the effectiveness of: (1) DHS's structure in meeting DHS missions and recommending improvements; and (2) efforts by the Assistant Secretary for Cybersecurity to fulfill the statutory responsibilities of that office.
(Sec. 503) Directs the Secretary to develop a plan to: (1) improve operational efficiency of security screening checkpoints at commercial airports so that average peak waiting periods do not exceed 20 minutes; and (2) ensure that there are no significant disparities in immigration and customs processing times among airports serving international gateways.
(Sec. 504) Amends the Maritime Transportation Security Act of 2002 to specify that required appeal hearings for persons found ineligible for transportation security cards (to access secure areas of vessels or facilities) are to be conducted before an administrative law judge. Excludes, with regard to the terrorism security risk ground of ineligibility, consideration of felony convictions occurring more than seven years prior to the Secretary's determination of ineligibility that were not related to terrorism (as that term is defined in HSA).
(Sec. 505) Transfers to ICE all functions of the Customs Patrol Officers unit of CBP operating on the Tohono O'odham Indian reservation (known as the Shadow Wolves unit). Authorizes the Secretary to establish additional units of Customs Patrol Officers within ICE.
(Sec. 506) Requires the Secretary to establish procedures to record information on the use of immigration consultants by aliens.
(Sec. 507) Amends HSA to rename the Office for State and Local Government Coordination as the Office for State, Local, and Tribal Government Coordination.
(Sec. 508) Directs the Secretary, acting through the Director of the Office of National Capital Region Coordination, to study and report to Congress on the feasibility and desirability of modifying the definition of "National Capital Region" under HSA.
(Sec. 509) States that, except as explicitly provided in provisions concerning the dissemination of homeland security threat analysis, nothing in this Act shall affect the authority of Federal agencies other than DHS.
(Sec. 510) Authorizes the participation of a Department of Energy laboratory in university-based centers for homeland security established under HSA.
(Sec. 511) Requires the Secretary to prepare and submit to Congress a report on DHS efforts to curtail production and increase public awareness of imitation homeland security identification.
(Sec. 512) Directs the Secretary, within six months of enactment of this Act, to submit to the President and appropriate congressional committees a comprehensive plan for systematic surveillance of the northern border by remotely piloted aircraft.
(Sec. 513) Amends the Intelligence Reform Act to require the Secretary to carry out a pilot program testing the use of advanced technology to improve border security between ports of entry along the northern border, to the extent funds are provided in advance (currently, discretionary).
(Sec. 514) Requires the Comptroller General to study and report to Congress on: (1) the likely consequences of increasing the registration fee for temporary protected status under the Immigration and Nationality Act (INA); and (2) DHS's proposal to expand the use of premium fees for employment-based petitions and applications under INA.
(Sec. 516) Establishes a Buy American requirement for products procured by DHS, notwithstanding reciprocal procurement memoranda of understanding with foreign countries or international agreements to which the United States is a party.
(Sec. 517) Addresses disaster assistance for funeral expenses.
(Sec. 518) Extends through FY 2006 the authorization of appropriations for the DHS Office of Counternarcotics Enforcement.
(Sec. 519) States that none of the funds authorized under this Act may be derived from increases in civil aviation security service fees.
(Sec. 520) States that law enforcement personnel of any State or political subdivision are fully authorized to apprehend, detain, or remove aliens in the United States for purposes of assisting with immigration enforcement.
(Sec. 521) Directs the Secretary, within 180 days of enactment of this Act, to establish a training manual on immigration enforcement for State and local law enforcement personnel. Requires DHS to make training of such personnel available through as many means as possible.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1817 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1817
To authorize appropriations for fiscal year 2006 for the Department of
Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2005
Mr. Cox introduced the following bill; which was referred to the
Committee on Homeland Security
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2006 for the Department of
Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Authorization Act for Fiscal Year 2006''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Department of Homeland Security.
Sec. 102. Border patrol agents.
Sec. 103. Departmental management and operations.
Sec. 104. Critical infrastructure grants.
Sec. 105. Research and development.
Sec. 106. Border and transportation security.
TITLE II--TERRORISM PREVENTION, INFORMATION SHARING, AND RISK
ASSESSMENT
Subtitle A--Terrorism Prevention
Sec. 201. Terrorism Prevention Plan and related budget submission.
Sec. 202. Consolidated background check process.
Subtitle B--Homeland Security Information Sharing and Analysis
Enhancement
Sec. 211. Short title.
Sec. 212. Provision of terrorism-related information to private sector
officials.
Sec. 213. Analytic expertise on the threats from biological agents and
nuclear weapons.
Sec. 214. Alternative analysis of homeland security information.
Sec. 215. Assignment of information analysis and infrastructure
protection functions.
Sec. 216. Authority for disseminating homeland security-related
information.
Sec. 217. Tom Ridge 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. Homeland Security Advisory System.
Sec. 222. Use of open source information.
Sec. 223. Full and efficient use of open source information.
TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION
Subtitle A--Preparedness and Protection
Sec. 301. National terrorism exercise program.
Sec. 302. Technology development and transfer.
Sec. 303. Requirements relating to the Container Security Initiative
(CSI).
Subtitle B--Department of Homeland Security Cybersecurity Enhancement
Sec. 311. Short title.
Sec. 312. Assistant Secretary for Cybersecurity.
Sec. 313. Cybersecurity defined.
TITLE IV--MISCELLANEOUS
Sec. 401. Border security and enforcement coordination and operations.
Sec. 402. GAO report to Congress.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. DEPARTMENT OF HOMELAND SECURITY.
There is authorized to be appropriated to the Secretary of
Homeland Security for the necessary expenses of the Department of
Homeland Security for fiscal year 2006, $34,152,143,000.
SEC. 102. BORDER PATROL AGENTS.
Of the amount authorized under section 101, there is authorized to
be appropriated for fiscal year 2006 for border security and control
between ports of entry, including for the hiring of 2,000 border patrol
agents in addition to the number employed on the date of enactment of
this Act, and related training and support costs, $1,916,427,000.
SEC. 103. DEPARTMENTAL MANAGEMENT AND OPERATIONS.
Of the amount authorized under section 101, there is authorized to
be appropriated for fiscal year 2006 for departmental management and
operations, $634,687,000, of which--
(1) $44,895,000 is authorized for the Department of
Homeland Security Regions Initiative;
(2) $4,459,000 is authorized for Operation Integration
Staff; and
(3) $56,278,000 is authorized for Office of Security
initiatives.
SEC. 104. CRITICAL INFRASTRUCTURE GRANTS.
Of the amount authorized under section 101, there is authorized to
be appropriated for fiscal year 2006 for grants and other assistance to
improve critical infrastructure protection, $500,000,000.
SEC. 105. RESEARCH AND DEVELOPMENT.
Of the amount authorized under section 101, there is authorized to
be appropriated for fiscal year 2006--
(1) $76,573,000 to support chemical countermeasure
development activities of the Directorate of Science and
Technology;
(2) $197,314,000 to support a nuclear detection office and
related activities of such directorate;
(3) $10,000,000 for research and development of
technologies capable of countering threats posed by man-
portable air defense systems, including location-based
technologies and non-commercial aircraft-based technologies;
and
(4) $10,600,000 for the activities of such directorate
conducted pursuant to subtitle G of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 441 et seq.).
SEC. 106. BORDER AND TRANSPORTATION SECURITY.
Of the amount authorized under section 101, there is 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.
TITLE II--TERRORISM PREVENTION, INFORMATION SHARING, AND RISK
ASSESSMENT
Subtitle A--Terrorism Prevention
SEC. 201. TERRORISM PREVENTION PLAN AND RELATED BUDGET SUBMISSION.
(a) Department of Homeland Security Terrorism Prevention Plan.--
(1) Requirements.--Not later than 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.
(2) Contents.--The Secretary shall include in the Plan the
following elements:
(A) Identification and prioritization of groups and
subgroups that pose the most significant threat of
committing acts of terrorism on the United States and
its interests.
(B) Identification of the most significant current,
evolving, and long term terrorist threats to the United
States and its interests, including an evaluation of--
(i) the materials that may be used to carry
out a potential attack;
(ii) the methods that may be used to carry
out a potential attack; and
(iii) the outcome the perpetrators of acts
of terrorism aim to achieve.
(C) A prioritization of the threats identified
under subparagraph (B), based on an assessment of
probability and consequence of such attacks.
(D) A description of processes and procedures that
the Secretary shall establish to institutionalize close
coordination between the Department of Homeland
Security and the National Counter Terrorism Center and
other appropriate United States intelligence agencies.
(E) The policies and procedures the Secretary shall
establish to ensure the Department gathers real time
information from the National Counter Terrorism Center;
disseminates this information throughout the
Department, as appropriate; utilizes this information
to support the Department's counter terrorism
responsibilities; integrates the Department's
information collection and analysis functions; and
disseminates this information to its operational units,
as appropriate.
(F) A description of the specific actions the
Secretary shall take to identify threats of terrorism
on the United States and its interests, and to
coordinate activities within the Department to prevent
acts of terrorism, with special emphasis on prevention
of terrorist access to and use of weapons of mass
destruction.
(G) A description of initiatives the Secretary
shall take to share critical terrorism prevention
information with, and provide terrorism prevention
support to, State and local governments and the private
sector.
(H) A timeline, with goals and milestones, for
implementing the Homeland Security Information Network,
the Homeland Security Secure Data Network, and other
departmental information initiatives to prevent acts of
terrorism on the United States and its interests,
including integration of these initiatives in the
operations of the Homeland Security Operations Center.
(I) Such other terrorism prevention-related
elements as the Secretary considers appropriate.
(3) Consultation.--In formulating the Plan the Secretary
shall consult with--
(A) the Director of National Intelligence;
(B) the Director of the National Counter Terrorism
Center;
(C) the Attorney General;
(D) the Director of the Federal Bureau of
Investigation;
(E) the Secretary of Defense;
(F) the Secretary of State;
(G) the Secretary of Energy;
(H) the Secretary of the Treasury; and
(I) the heads of other Federal agencies and State,
county, and local law enforcement agencies as the
Secretary considers appropriate.
(4) Classification.--The Secretary shall prepare the Plan
in both classified and nonclassified forms.
(b) Annual Crosscutting Analysis of Proposed Funding for Department
of Homeland Security Programs.--
(1) Requirement to submit analysis.--The Secretary of
Homeland Security shall submit to the Congress, concurrently
with the submission of the President's budget for each fiscal
year, a detailed, crosscutting analysis of the budget proposed
for the Department of Homeland Security, by budget function, by
agency, and by initiative area, identifying the requested
amounts of gross and net appropriations or obligational
authority and outlays for programs and activities of the
Department for each of the following mission areas:
(A) To prevent terrorist attacks within the United
States.
(B) To reduce the vulnerability of the United
States to terrorism.
(C) To minimize the damage, and assist in the
recovery, from terrorist attacks that do occur within
the United States.
(D) To carry out all functions of the agencies and
subdivisions within the Department that are not related
directly to homeland security.
(2) Funding analysis of multi-purpose functions.--The
analysis required under paragraph (1) for functions that are
both related directly and not related directly to homeland
security shall include a detailed allocation of funding for
each specific mission area within those functions, including an
allocation of funding among mission support functions, such as
agency overhead, capital assets, and human capital.
(3) Included terrorism prevention activities.--The analysis
required under paragraph (1)(A) shall include the following
activities (among others) of the Department:
(A) Collection and effective use of intelligence
and law enforcement operations that screen for and
target individuals who plan or intend to carry out acts
of terrorism.
(B) Investigative, intelligence, and law
enforcement operations that identify and disrupt plans
for acts of terrorism or reduce the ability of groups
or individuals to commit acts of terrorism.
(C) Investigative activities and intelligence
operations to detect and prevent the introduction of
weapons of mass destruction into the United States.
(D) Initiatives to detect potential, or the early
stages of actual, biological, chemical, radiological,
or nuclear attacks.
(E) Screening individuals against terrorist watch
lists.
(F) Screening cargo to identify and segregate high-
risk shipments.
(G) Specific utilization of information sharing and
intelligence, both horizontally (within the Federal
Government) and vertically (among Federal, State, and
local governments), to detect or prevent acts of
terrorism.
(H) Initiatives, including law enforcement and
intelligence operations, to preempt, disrupt, and deter
acts of terrorism overseas intended to strike the
United States.
(I) Investments in technology, research and
development, training, and communications systems that
are designed to improve the performance of the
Department and its agencies with respect to each of the
activities listed in subparagraphs (A) through (H).
(4) Separate displays for mandatory and discretionary
amounts.--Each analysis under paragraph (1) shall include
separate displays for proposed mandatory appropriations and
proposed discretionary appropriations.
SEC. 202. CONSOLIDATED BACKGROUND CHECK PROCESS.
(a) Requirement.--The Secretary shall establish a single process
for conducting the security screening and background checks on
individuals participating in any voluntary or mandatory departmental
credentialing or registered traveler program.
(b) Included Programs.--The process established under subsection
(a) shall be sufficient to meet the security requirements of all
applicable Departmental programs, including--
(1) the Transportation Worker Identification Credential;
(2) the Hazmat Endorsement Credential;
(3) the Free and Secure Trade program;
(4) the NEXUS and SENTRI border crossing programs;
(5) the Registered Traveler program of the Transportation
Security Administration; and
(6) any other similar program or credential considered
appropriate for inclusion by the Secretary.
(c) Features of Process.--The process established under subsection
(a) shall include the following:
(1) A single submission of security screening information,
including personal data and biometric information as
appropriate, necessary to meet the security requirements of all
applicable departmental programs.
(2) An ability to submit such security screening
information at any location or through any process approved by
the Secretary with respect to any of the applicable
departmental programs.
(3) Acceptance by the Department of a security clearance
issued by a Federal agency, to the extent that the security
clearance process of the agency satisfies requirements that are
at least as stringent as those of the applicable departmental
programs under this section.
(4) Standards and procedures for protecting individual
privacy, confidentiality, record retention, and addressing
other concerns relating to information security.
(d) Deadlines.--The Secretary of Homeland Security shall--
(1) submit a description of the process developed under
subsection (a) to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate by not later than 6
months after the date of the enactment of this Act; and
(2) begin implementing such process by not later than 12
months after the date of the enactment of this Act.
(e) Relationship to Other Laws.--Nothing in this section affects
any statutory requirement relating to the operation of the programs
described in subsection (b).
Subtitle B--Homeland Security Information Sharing and Analysis
Enhancement
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Homeland Security Information
Sharing and Analysis Enhancement Act of 2005''.
SEC. 212. PROVISION OF TERRORISM-RELATED INFORMATION TO PRIVATE SECTOR
OFFICIALS.
Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)) is amended by adding at the end the following:
``(20) To require, in consultation with the Assistant
Secretary for Infrastructure Protection, the creation and
routine dissemination of analytic reports and products designed
to provide timely and accurate information that has specific
relevance to each of the Nation's critical infrastructure
sectors (as identified in the national infrastructure
protection plan issued under paragraph (5)), to private sector
officials in each such sector who are responsible for
protecting institutions within that sector from potential acts
of terrorism and for mitigating the potential consequences of
any such act.''.
SEC. 213. ANALYTIC EXPERTISE ON THE THREATS FROM BIOLOGICAL AGENTS AND
NUCLEAR WEAPONS.
Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)) is further amended by adding at the end the following:
``(21) To ensure sufficient analytic expertise within the
Office of Information Analysis to create and disseminate, on an
ongoing basis, products based on the analysis of homeland
security information, as defined in section 892(f)(1), with
specific reference to the threat of terrorism involving the use
of nuclear weapons and biological agents to inflict mass
casualties or other catastrophic consequences on the population
or territory of the United States.''.
SEC. 214. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.
(a) Requirement.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 203. ALTERNATIVE ANALYSIS OF HOMELAND SECURITY INFORMATION.
``The Secretary shall establish a process and assign an individual
or entity the responsibility to ensure that, as appropriate, elements
of the Department conduct alternative analysis (commonly referred to as
`red-team analysis') of homeland security information, as that term is
defined in section 892(f)(1), that relates to potential acts of
terrorism involving the use of nuclear weapons or biological agents to
inflict mass casualties or other catastrophic consequences on the
population or territory of the United States.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 202
the following:
``Sec. 203. Alternative analysis of homeland security information.''.
SEC. 215. ASSIGNMENT OF INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION FUNCTIONS.
Section 201(b) of the Department of 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), (3), (4),
(7) through (16), and (18) of subsection (d);
``(B) shall assign to the Assistant Secretary for
Infrastructure Protection the responsibility for
performing the functions described in paragraphs (2),
(5), and (6) of subsection (d);
``(C) shall ensure that the Assistant Secretary for
Information Analysis and the Assistant Secretary for
Infrastructure Protection both perform the functions
described in paragraphs (17) and (19) of subsection
(d);
``(D) may assign to each such Assistant Secretary
such other duties relating to such responsibilities as
the Under Secretary may provide; and
``(E) shall direct each such Assistant Secretary to
coordinate with elements of the intelligence community,
with Federal, State, and local law enforcement
agencies, and with tribal and private sector entities,
as appropriate.''.
SEC. 216. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED
INFORMATION.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following:
``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED
INFORMATION.
``(a) Primary Authority.--Except as provided in subsection (b), the
Secretary shall be the executive branch official responsible for
disseminating homeland security-related information to State and local
government and tribal officials and the private sector.
``(b) Prior Approval Required.--No Federal official may issue any
homeland security-related analysis, advisory, or alert without the
Secretary's prior approval, except--
``(1) in exigent circumstances under which it is essential
that the information be communicated immediately; or
``(2) when such analysis advisory or alert is issued to
State, local, or tribal law enforcement officials for the
purpose of assisting them in any aspect of the administration
of criminal justice.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end the following:
``Sec. 104. Authority for disseminating homeland security-related
information.''.
SEC. 217. TOM RIDGE 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. TOM RIDGE 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 and the Office of
Infrastructure Protection.
``(2) Program name.--The program under this section shall
be known as the `Tom Ridge Homeland Security Fellows Program'.
``(b) Eligibility.--In order to be eligible for selection as a
fellow under the program, an individual must--
``(1) have homeland security-related responsibilities; and
``(2) possess an appropriate national security clearance.
``(c) Limitations.--The Secretary--
``(1) may conduct up to 4 iterations of the program each
year, each of which shall be 90 days in duration; and
``(2) shall ensure that the number of fellows selected for
each iteration does not impede the activities of the Center.
``(d) Condition.--As a condition of selecting an individual as a
fellow under the program, the Secretary shall require that the
individual's employer agree to continue to pay the individual's salary
and benefits during the period of the fellowship.
``(e) Stipend.--During the period of the fellowship of an
individual under the program, the Secretary shall, subject to the
availability of appropriations--
``(1) provide to the individual a stipend to cover the
individual's reasonable living expenses during the period of
the fellowship; and
``(2) reimburse the individual for round-trip, economy fare
travel to and from the individual's place of residence twice
each month.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 204. Tom Ridge Homeland Security Fellows Program.''.
SEC. 218. ACCESS TO NUCLEAR TERRORISM-RELATED INFORMATION.
Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)) is further amended by adding at the end the following:
``(22) To ensure that--
``(A) the Assistant Secretary for Information
Analysis receives promptly and without request all
information obtained by any component of the Department
if that information relates, directly or indirectly, to
a threat of terrorism involving the potential use of
nuclear weapons;
``(B) such information is--
``(i) integrated and analyzed
comprehensively; and
``(ii) disseminated in a timely manner,
including to appropriately cleared State,
local, tribal, and private sector officials;
and
``(C) such information is used to determine what
requests the Department should submit for collection of
additional information relating to that threat.''.
SEC. 219. ACCESS OF ASSISTANT SECRETARY FOR INFORMATION ANALYSIS TO
TERRORISM INFORMATION.
Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)) is further amended by adding at the end the following:
``(23) To ensure that the Assistant Secretary for
Information Analysis--
``(A) is routinely and without request given prompt
access to all terrorism-related information collected
by or otherwise in the possession of any component of
the Department, including all homeland security
information (as that term is as 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 new
paragraph:
``(24) To administer the homeland security information
network, including--
``(A) exercising primary responsibility for
creating 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; and
``(B) ensuring that the information sharing
systems, developed in connection with the network
created under subparagraph (A), utilize 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.''.
SEC. 221. HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 is amended--
(1) in section 201(d)(7) 6U.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 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. 222. USE OF OPEN SOURCE INFORMATION.
Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)) is further amended by adding at the end the following:
``(25) To ensure that, whenever possible--
``(A) the Assistant Secretary for Information
Analysis produces and disseminates reports and analytic
products based on open-source information that do not
require a national security classification under
applicable law; and
``(B) such unclassified open source reports are
produced and disseminated contemporaneously with
reports or analytic products concerning the same or
similar information that the Assistant Secretary for
Information Analysis produces and disseminates in a
classified format.''.
SEC. 223. 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 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.''.
(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. 206. Full and efficient use of open source information.''.
TITLE III--DOMESTIC PREPAREDNESS AND PROTECTION
Subtitle A--Preparedness and Protection
SEC. 301. NATIONAL TERRORISM EXERCISE PROGRAM.
(a) In General.--Section 430 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.''.
SEC. 302. TECHNOLOGY DEVELOPMENT AND TRANSFER.
(a) Establishment of Technology Clearinghouse.--Not later than 90
days after the date of enactment of this Act, the Secretary shall
complete the establishment of the Technology Clearinghouse under
section 313 of the Homeland Security Act of 2002.
(b) Transfer Program.--Section 313 of the Homeland Security Act of
2002 (6 U.S.C. 193) is amended--
(1) by adding at the end of subsection (b) the following
new paragraph:
``(6) The establishment of a homeland security technology
transfer program to facilitate the identification,
modification, and commercialization of technology and equipment
for use by Federal, State, and local governmental agencies,
emergency response providers, and the private sector to
prevent, prepare for, or respond to acts of terrorism.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Technology Transfer Program.--In developing the program
described in subsection (b)(6), the Secretary, acting through the Under
Secretary for Science and Technology, shall--
``(1) in consultation with the other 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.
SEC. 303. REQUIREMENTS RELATING TO THE CONTAINER SECURITY INITIATIVE
(CSI).
(a) Risk Assessment and Designation of New Foreign Seaports.--
(1) Risk assessment.--The Secretary of Homeland Security
shall conduct a risk assessment of each foreign seaport that
the Secretary is considering designating as a port under the
Container Security Initiative (CSI) on or after the date of the
enactment of this Act. Each such assessment shall evaluate the
level of risk for the potential compromise of cargo containers
by terrorists or terrorist weapons at the port.
(2) Designation.--The Secretary is authorized to designate
a foreign seaport as a port under CSI on or after the date of
the enactment of this Act only if the Secretary determines
pursuant to an assessment under paragraph (1) that a
significant level of risk exists for the potential compromise
of cargo containers by terrorists or terrorist weapons at the
port.
(b) Deployment of Inspection Equipment to New CSI Ports.--
(1) Deployment.--The Secretary is authorized to assist in
the deployment of non-intrusive inspection equipment for cargo
containers at each CSI port designated under subsection (a)(2)
and provide training for personnel at the CSI port to operate
the non-intrusive inspection equipment.
(2) Additional requirements.--The Secretary shall establish
technical capability requirements and standard operating
procedures for non-intrusive inspection equipment described in
paragraph (1) and shall require each CSI port to agree to
operate such equipment in accordance with such requirements and
procedures as a condition for receiving the equipment and
training under such paragraph.
(c) Deployment of Personnel to New CSI Ports; Re-Evaluation of
Personnel at All CSI Ports.--
(1) Deployment.--The Secretary shall deploy Department of
Homeland Security personnel to each CSI port designated under
subsection (a)(1) with respect to which the Secretary
determines that the deployment is necessary to successfully
implement the requirements of CSI at the port.
(2) Re-evaluation.--The Secretary shall periodically review
relevant risk assessment information with respect to all CSI
ports at which Department of Homeland Security personnel are
deployed to assess whether or not continued deployment of such
personnel, in whole or in part, is necessary to successfully
implement the requirements of CSI at the port.
(d) Inspection and Screening at United States Ports of Entry.--
Cargo containers arriving at a United States port of entry from a CSI
port shall undergo the same level of inspection and screening as cargo
containers arriving at a United States port of entry from a foreign
seaport that is not participating in CSI unless the containers were
initially inspected at the CSI port at the request of CSI personnel and
such personnel verify and electronically record that the inspection
indicates that the containers do not contain unlawful goods or persons.
(e) Definition.--In this section, the term ``Container Security
Initiative'' or ``CSI'' means the program carried out by the Department
of Homeland Security under which the Department enters into agreements
with foreign seaports to--
(1) establish security criteria to identify high-risk
maritime cargo containers bound for the United States based on
advance information; and
(2) screen or inspect such maritime cargo containers for
unlawful goods and persons prior to shipment to the United
States.
Subtitle B--Department of Homeland Security Cybersecurity Enhancement
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ``Department of Homeland Security
Cybersecurity Enhancement Act of 2005''.
SEC. 312. ASSISTANT SECRETARY FOR CYBERSECURITY.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the
end the following:
``SEC. 207. ASSISTANT SECRETARY FOR CYBERSECURITY.
``(a) In General.--There shall be in the Directorate for
Information Analysis and Infrastructure Protection a National
Cybersecurity Office headed by an Assistant Secretary for Cybersecurity
(in this section referred to as the `Assistant Secretary'), who shall
assist the Secretary in promoting cybersecurity for the Nation.
``(b) General Authority.--The Assistant Secretary, subject to the
direction and control of the Secretary, shall have primary authority
within the Department for all cybersecurity-related critical
infrastructure protection programs of the Department, including with
respect to policy formulation and program management.
``(c) Responsibilities.--The responsibilities of the Assistant
Secretary shall include the following:
``(1) To establish and manage--
``(A) a national cybersecurity response system that
includes the ability to--
``(i) analyze the effect of cybersecurity
threat information on national critical
infrastructure; and
``(ii) aid in the detection and warning of
attacks on, and in the restoration of,
cybersecurity infrastructure in the aftermath
of such attacks;
``(B) a national cybersecurity threat and
vulnerability reduction program that identifies
cybersecurity vulnerabilities that would have a
national effect on critical infrastructure, performs
vulnerability assessments on information technologies,
and coordinates the mitigation of such vulnerabilities;
``(C) a national cybersecurity awareness and
training program that promotes cybersecurity awareness
among the public and the private sectors and promotes
cybersecurity training and education programs;
``(D) a government cybersecurity program to
coordinate and consult with Federal, State, and local
governments to enhance their cybersecurity programs;
and
``(E) a national security and international
cybersecurity cooperation program to help foster
Federal efforts to enhance international cybersecurity
awareness and cooperation.
``(2) To coordinate with the private sector on the program
under paragraph (1) as appropriate, and to promote
cybersecurity information sharing, vulnerability assessment,
and threat warning regarding critical infrastructure.
``(3) To coordinate with other directorates and offices
within the Department on the cybersecurity aspects of their
missions.
``(4) To coordinate with the Under Secretary for Emergency
Preparedness and Response to ensure that the National Response
Plan developed pursuant to section 502(6) of the Homeland
Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate
measures for the recovery of the cybersecurity elements of
critical infrastructure.
``(5) To develop processes for information sharing with the
private sector, consistent with section 214, that--
``(A) promote voluntary cybersecurity best
practices, standards, and benchmarks that are
responsive to rapid technology changes and to the
security needs of critical infrastructure; and
``(B) consider roles of Federal, State, local, and
foreign governments and the private sector, including
the insurance industry and auditors.
``(6) To coordinate with the Chief Information Officer of
the Department in establishing a secure information sharing
architecture and information sharing processes, including with
respect to the Department's operation centers.
``(7) To consult with the Electronic Crimes Task Force of
the United States Secret Service on private sector outreach and
information activities.
``(8) To consult with the Office for Domestic Preparedness
to ensure that realistic cybersecurity scenarios are
incorporated into tabletop and recovery exercises.
``(9) To consult and coordinate, as appropriate, with other
Federal agencies on cybersecurity-related programs, policies,
and operations.
``(10) To consult and coordinate within the Department and,
where appropriate, with other relevant Federal agencies, on
security of digital control systems, such as Supervisory
Control and Data Acquisition (SCADA) systems.
``(d) Authority Over the National Communications System.--The
Assistant Secretary shall have primary authority within the Department
over the National Communications System.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to
subtitle A of title II the following:
``207. Assistant Secretary for Cybersecurity.''.
SEC. 313. CYBERSECURITY DEFINED.
Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended by adding at the end the following:
``(17)(A) The term `cybersecurity' means the prevention of
damage to, the protection of, and the restoration of computers,
electronic communications systems, electronic communication
services, wire communication, and electronic communication,
including information contained therein, to ensure its
availability, integrity, authentication, confidentiality, and
nonrepudiation.
``(B) In this paragraph--
``(i) each of the terms `damage' and `computer' has
the meaning that term has in section 1030 of title 18,
United States Code; and
``(ii) each of the terms `electronic communications
system', `electronic communication service', `wire
communication', and `electronic communication' has the
meaning that term has in section 2510 of title 18,
United States Code.''.
TITLE IV--MISCELLANEOUS
SEC. 401. BORDER SECURITY AND ENFORCEMENT COORDINATION AND OPERATIONS.
(a) Findings.--The Congress makes the following findings:
(1) In creating the Department of Homeland Security, the
Congress sought to enhance the Nation's capabilities to
prevent, protect against, and respond to terrorist acts by
consolidating existing Federal agencies with homeland security
functions into a single new Department, and by realigning the
missions of those legacy agencies to more directly support our
national homeland security efforts.
(2) As part of this massive government reorganization,
section 442 of the Homeland Security Act of 2002 (Public Law
107-273) established a Bureau of Border Security and
transferred into it all of the functions, programs, personnel,
assets, and liabilities pertaining to the following programs:
the Border Patrol; alien detention and removal; immigration-
related intelligence, investigations, and enforcement
activities; and immigration inspections at ports of entry.
(3) Title IV of the Homeland Security Act of 2002 (Public
Law 107-273) also transferred to the new Department the United
States Customs Service, as a distinct entity within the new
Department, to further the Department's border integrity
mission.
(4) Utilizing its reorganization authority provided in the
Homeland Security Act of 2002, the President submitted a
reorganization plan for the Department on January 30, 2003.
(5) This plan merged the customs and immigration border
inspection and patrol functions, along with agricultural
inspections functions, into a new entity called United States
Customs and Border Protection.
(6) The plan also combined the customs and immigration
enforcement agents, as well as the Office of Detention and
Removal Operations, the Office of Federal Protective Service,
the Office of Federal Air Marshal Service, and the Office of
Intelligence, into another new entity called United States
Immigration and Customs Enforcement.
(7) The President's January 30, 2003, reorganization plan
did not explain the reasons for separating immigration
inspection and border patrol functions from other immigration-
related enforcement activities, which was contrary to the
single Bureau of Border Security as prescribed by the Congress
in the section 441 of the Homeland Security Act of 2002.
(8) Two years after this structure has been in effect,
questions remain about whether the Department has organized
itself properly, and is managing its customs and immigration
enforcement and border security resources in the most
efficient, sensible, and effective manner.
(9) The current structure has resulted in less cooperation
and information sharing between these two critical functions
than is desirable, and has caused operational and
administrative difficulties that are hampering efforts to
secure our borders and ensure the integrity of our border
control system.
(10) United States Immigration and Customs Enforcement has
faced major budgetary challenges that are, in part,
attributable to the inexact division of resources upon the
separation of immigration functions. These budget shortfalls
have forced United States Immigration and Customs Enforcement
to impose hiring freezes and to release aliens that otherwise
should be detained.
(11) The current structure also has resulted in unnecessary
overlap and duplication between United States Immigration and
Customs Enforcement and United States Customs and Border
Protection, both in the field and at the headquarters level.
There are intelligence, legislative affairs, public affairs and
international affairs offices in both agencies.
(12) Border security and customs and immigration
enforcement should be one seamless mission, focused on ensuring
the integrity of our border control system.
(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 Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Government Affairs of the
Senate.
(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 homeland security mission;
(B) a description of the organization, missions,
operations, and policies of United States Customs and
Border Protection and United States Immigration and
Customs Enforcement, and areas of unnecessary overlap
or operational gaps among and between these missions;
(C) an analysis of alternative organizational
structures that could provide a more effective way to
deliver maximum efficiencies and mission success;
(D) a description of the current role of the
Directorate of Border and Transportation Security with
respect to providing adequate direction and oversight
of the two agencies, and whether this management
structure is still necessary;
(E) an analysis of whether the Federal Air Marshals
and the Federal Protective Service are properly located
within United States Immigration and Customs
Enforcement;
(F) the proper placement and functions of a
specialized investigative and patrol unit operating at
the southwest border on the Tohono O'Odham Nation,
known as the Shadow Wolves;
(G) the potential costs of reorganization,
including financial, programmatic and other costs, to
the Department; and
(H) a detailed action plan for correcting the
operational and administrative problems that have been
caused by the division of United States Customs and
Border Protection and United States Immigration and
Customs Enforcement, including appropriate
reorganization plans.
SEC. 402. GAO REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Congress a report that sets forth--
(1) an assessment of the effectiveness of the
organizational and management structure of the Department of
Homeland Security in meeting the Department's counter-terrorism
missions; and
(2) recommendations to facilitate and improve the
organization and management of the Department to best meet
those missions.
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DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings on the adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 10 minutes of debate on the Manzullo amendment.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 10 minutes of debate on the Putnam amendment, as modified.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 10 minutes of debate on the Souder amendment.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 40 minutes of debate on the Thompson (MS) amendment in the nature of a substitute.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Thompson (MS) substitute amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Thompson (MS) demanded a recorded vote and the Chair postponed further proceedings on the adoption of the amendment until later in the legislative day.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1817.
The previous question was ordered pursuant to the rule. (consideration: CR H3540)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Thompson (MS) moved to recommit with instructions to Homeland Security (Select). (consideration: CR H3540-3543; text: CR H3540-3541)
DEBATE - The House proceeded with 10 minutes of debate on the Thompson (MS) motion to recommit with instructions. The instructions contained in the motion seek to require that the bill be reported back to the House with an amendment adding a new title which provides for additional authorization of appropriations for several programs including aviation security research and development applications involving mass identification technology.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3542)
On motion to recommit with instructions Failed by recorded vote: 199 - 228 (Roll no. 188).
Roll Call #188 (House)Passed/agreed to in House: On passage Passed by recorded vote: 424 - 4 (Roll no. 189).
Roll Call #189 (House)On passage Passed by recorded vote: 424 - 4 (Roll no. 189).
Roll Call #189 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1817.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.