Department of Homeland Security Authorization Act for Fiscal Year 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1817 Referred in Senate (RFS)]

1st Session
H. R. 1817

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 19, 2005

Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs

_______________________________________________________________________

AN ACT

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. 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.
Sec. 109. Authorization of appropriations for training of State and
local personnel performing immigration
functions.
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.
Sec. 310. Commercial Flights to and from Ronald Reagan Washington
National Airport.
Sec. 310A. Federal Flight Deck Officers.
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.
Sec. 405. Improving Sentri, Fast, and Nexus pre-enrollment programs.
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. Study of modification of area of jurisdiction of Office of
National Capital Region Coordination.
Sec. 509. Authority of other Federal agencies unaffected.
Sec. 510. Centers of excellence.
Sec. 511. Report to Congress on uniform and identification security.
Sec. 512. Border surveillance.
Sec. 513. Advanced technology norther border security pilot program.
Sec. 514. GAO study of proposals to increase temporary protected status
registration fee.
Sec. 515. GAO study of consequences of expanding use of premium service
for immigration benefit applications and
petitions.
Sec. 516. Buy American requirement for procurements of goods containing
components.
Sec. 517. Disaster assistance for funeral expenses.
Sec. 518. Extension of authorization of appropriations for Office of
Counternarcotics Enforcement at Department
of Homeland Security.
Sec. 519. Prohibition against increase in security service fees.
Sec. 520. Federal affirmation of assistance in immigration law
enforcement by States and political
subdivisions.
Sec. 521. Training of State and local law enforcement personnel in
enforcement of immigration laws.

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.

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.

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 Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 103
the following:

``Sec. 104. 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.
``(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.''.
(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 appropriate congressional committees 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).

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).

SEC. 310A. 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''.

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, the Information Assurance Directorate of the National
Security 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) 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.

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 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.
(c) Coordination.--The Secretary shall coordinate the security
review and recommendations required by subsection (a) with other
relevant Federal agencies.

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; 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 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.

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.

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. 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 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.

SEC. 509. 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.

SEC. 510. 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.''.

SEC. 511. 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).

SEC. 512. 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. 513. 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''.

SEC. 514. 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. 515. 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.

SEC. 516. 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.

SEC. 517. DISASTER ASSISTANCE FOR FUNERAL EXPENSES.

Not later than 90 days after the enactment of this Act, the
Director of the Federal Emergency Management Agency shall--
(1) develop criteria and guidelines for determining if a
death is disaster-related; and
(2) require staff to provide for analysis of each request
for funeral expense assistance in order to support approval or
disapproval of such assistance.

SEC. 518. 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''.

SEC. 519. 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.

SEC. 520. 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. 521. 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.''.

Passed the House of Representatives May 18, 2005.

Attest:

JEFF TRANDAHL,

Clerk.