5-18-05,
Bill Passed House 424-4
Referred to Senate
109th CONGRESS
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. 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. 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. 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.
`(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:
`(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.
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;
`(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).
`(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:
`(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:
`(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.
(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.
(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.
`(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:
`(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 Depa
