Summary: H.R.1817 — 109th Congress (2005-2006)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (05/18/2005)

Department of Homeland Security Authorization Act for Fiscal Year 2006 - Title I: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for the Department of Homeland Security (DHS) for FY 2006, including for: (1) U.S. Customs and Border Protection (CBP); (2) DHS management and operations; (3) critical infrastructure grants; (4) research and development; (5) border and transportation security; (6) State and local terrorism preparedness; (7) the Immigration and Customs Enforcement Legal Program and for additional immigration adjudicators; and (8) training State and local personnel to carry out certain immigration functions.

Title II: Terrorism Prevention, Information Sharing, and Risk Assessment - Subtitle A: Terrorism Prevention - (Sec. 201) Requires the Secretary of Homeland Security (Secretary) to establish a consolidated process for conducting security screening and background checks sufficient to meet the requirements of all applicable DHS programs, including: (1) the Transportation Worker Identification Credential; (2) the Department of Transportation Hazardous Materials Endorsement credentialing program; (3) the Free and Secure Trade program; (4) NEXUS and SENTRI border crossing programs; and (5) the Registered Traveler program of the Transportation Security Administration (TSA).

Subtitle B: Homeland Security Information Sharing and Analysis Enhancement - Homeland Security Information Sharing and Analysis Enhancement Act of 2005 - (Sec. 212) Amends the Homeland Security Act of 2002 (HSA) to expand the responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection (Under Secretary), including with regard to dissemination of information relevant to critical infrastructure sectors and information concerning the use of nuclear or biological terrorism to inflict mass casualties or other catastrophic consequences.

(Sec. 214) Requires the Secretary to establish a process for the alternative analysis (red-team analysis) of homeland security information concerning the use of nuclear or biological terrorism to inflict mass casualties or other catastrophic consequences.

(Sec. 215) Requires the Under Secretary to assign specified Information Analysis and Infrastructure Protection functions to the Assistant Secretary for Information Analysis, the Assistant Secretary for Infrastructure Protection, and the Assistant Secretary for Cybersecurity.

(Sec. 216) States that the Secretary shall be tresponsible for coordinating all homeland security threat analysis to be provided to State and local governments, tribal officials, and the private sector. Prohibits Federal officials from disseminating such information to State, local, tribal, or private sector officials without the coordination of the Secretary, except: (1) in exigent circumstances requiring immediate communication; or (2) when such information is issued to State, local, or tribal law enforcement officials to assist in the administration of criminal justice.

(Sec. 217) Establishes the 9/11 Memorial Homeland Security Fellows Program to bring State, local, tribal, and private sector officials to participate in the Homeland Security Operations Center. Limits eligibility for the program to persons with homeland security-related responsibilities who possess appropriate national security clearances.

(Sec. 218) Gives the Under Secretary responsibility for: (1) ensuring that information regarding threats of terrorism involving nuclear weapons is comprehensively analyzed and timely disseminated; (2) ensuring that the Assistant Secretary for Information Analysis has prompt access to such information and to all terrorism-related information in the possession of any DHS component; and (3) administering the homeland security information network.

(Sec. 221) Authorizes the payment of recruitment bonuses for positions primarily involving the discharge of analytic responsibilities within the Directorate of Information Analysis and Infrastructure Protection, giving appropriate consideration to the Directorate's critical need for linguists.

(Sec. 222) Requires the Joint Intelligence Community Council to advise the Director of National Intelligence (DNI) with respect to homeland security intelligence requirements. Authorizes the President to designate Government officers (in addition to those members named or designated under the National Security Act) to serve on such Council in a capacity limited to considering homeland security intelligence requirements. Requires the Secretary to be a member of any DNI-established interagency collection and requirements management board operating in response to presidential intelligence guidelines.

(Sec. 223) Requires the Under Secretary to: (1) implement a Homeland Security Advisory System; and (2) ensure the full and efficient use of open-source information by specified officials.

(Sec. 226) Directs the Under Secretary to ensure that the Assistant Secretary for Information Analysis serves as the official responsible for coordinating with elements of the intelligence community.

Title III: Domestic Preparedness and Protection - Subtitle A: Preparedness and Protection - (Sec. 301) Directs the Secretary: (1) through the Office for Domestic Preparedness, to establish a National Terrorism Exercise program; (2) to consult with first responder disciplines in carrying out such responsibilities; and (3) within one year after enactment of this Act, to design and carry out a national terrorism prevention exercise for the purposes of involving top officials, and testing and evaluating the Nation's capability to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction.

(Sec. 302) Requires the Secretary to complete establishment of the Technology Clearinghouse within 90 days of enactment of this Act. Adds as a required component of the program for technological innovation mandated by the HSA the establishment of a homeland security technology transfer program. Requires the Under Secretary for Science and Technology to establish a working group in coordination with the Secretary of Defense to advise and assist the technology clearinghouse in the identification of military technologies.

(Sec. 303) Directs the Secretary to conduct a study of all DHS procurements to: (1) identify procurements specifically relating to terrorism; and (2) assess whether such procurements are candidates for the litigation and risk management protections of HSA.

(Sec. 304) Requires the Secretary to establish a university-based Center for Excellence for Border Security following the merit review processes and procedures established for University Programs Centers for Excellence. Requires the Center to prioritize its activities on the basis of risk.

(Sec. 305) Authorizes the Secretary to designate a foreign port for participation in the Container Security Initiative (CSI) if: (1) the benefits of designation outweigh the costs; and (2) the Secretary enters into an agreement with the foreign government of such port to establish security criteria and cargo container screening. Addresses the deployment of inspection equipment and personnel to CSI ports. Requires cargo containers arriving at U.S. ports of entry from a CSI port to undergo the same level of terrorism-related inspection and screening as cargo containers arriving at such ports from foreign ports that are not CSI participants unless a container was initially inspected at a CSI port and CSI personnel verify that it has not been compromised by terrorists or terrorist weapons.

(Sec. 306) Requires the Secretary: (1) within 180 days of enactment of this Act, to establish certain standards and procedures for securing maritime cargo containers ; (2) within 90 days after establishing such standards, to issue consistent regulations; (3) to seek to enter into international agreements to establish such standards; (4) to develop a strategy to improve the DHS's ability to use advance cargo information to identify and provide additional review of anomalies contained in such information; and (5) to coordinate all DHS programs relating to maritime cargo container security. Authorizes the Secretary to establish a demonstration program integrating nonintrusive inspection equipment at appropriate U.S. seaports.

(Sec. 307) Directs the Secretary to implement a provision of the Vision 100-Century of Aviation Reauthorization Act (requiring development and implementation of a security plan that permits general aviation at Ronald Reagan Washington National Airport).

(Sec. 308) Expresses the sense of Congress that DHS should implement as expeditiously as possible initiatives assigned to the Office for Interoperability and Compatibility under the Intelligence Reform and Terrorism Prevention Act of 2004 (Intelligence Reform Act).

(Sec. 309) Requires the Secretary to report to the House Committee on Homeland Security and the Senate Homeland Security and Governmental Affairs Committee on how DHS will implement applicable recommendations from a GAO report on the protection of agriculture from a terrorist attack.

(Sec. 310) Provides that passengers on commercial flight arriving at and departing from Ronald Reagan Washington National Airport shall remain seated for 15 minutes after takeoff and before touchdown (currently, 30 minutes). States that flight diversion for violations shall only occur if the captain determines that the passenger's action presents a threat.

(Sec. 310A) Requires the Secretary to study the feasibility of conducting Federal flight deck officer initial training through the United States, enhance pilot access to such training, and establish qualification standards for training facilities. Authorizes the Assistant Secretary of Homeland Security (TSA) to revoke the deputization of a Federal flight deck officer. Sets forth hearing and appeal requirements in the event of revocation. Directs the Secretary to implement a pilot program allowing participants in the Federal flight deck officer program to transport firearms on their persons. Encourages the President to aggressively pursue agreements with foreign governments to allow maximum deployment of Federal flight deck officers on international flights.

Subtitle B: Department of Homeland Security Cybersecurity Enhancement - Department of Homeland Security Cybersecurity Enhancement Act of 2005 - (Sec. 312) Establishes in DHS an Assistant Secretary for Cybersecurity who shall be appointed by the President.

(Sec. 313) Authorizes the Secretary, acting through the Assistant Secretary for Cybersecurity, to establish a cybersecurity grant program for institutions of higher education in conjunction with the National Science Foundation.

(Sec. 314) Directs the Under Secretary for Science and Technology to support research and development in cybersecurity, emphasizing research and development relevant to large-scale, high-impact attacks.

Subtitle C: Security of Public Transportation Systems - (Sec. 321) Requires the Secretary, in coordination with the Secretary of Transportation, to issue a report containing best practices for the security of public transportation systems. Requires the Secretary of Transportation, after consulting with the Secretary, to develop a national plan to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security related to threats of terrorism.

Subtitle D: Critical Infrastructure Prioritization - (Sec. 331) Directs the Secretary, within 90 days of enactment of this Act, to complete prioritization of the Nation's critical infrastructure according to the following criteria: (1) the threat of terrorist attack; (2) the likelihood that an attack would destroy or significantly disrupt such infrastructure; and (3) the likelihood that an attack would result in substantial numbers of deaths and serious bodily injuries, a substantial adverse economic impact, or a substantial adverse impact on national security.

(Sec. 332) Requires the Secretary, in coordination with Federal agencies, State, local, and tribal governments, and the private sector, to review plans for securing critical infrastructure and report to the House Committee on Homeland Security and the Senate Committee on Governmental Affairs on implementation of the review requirement.

(Sec. 334) Protects from disclosure certain critical infrastructure information generated, compiled, or disseminated by DHS.

Title IV: U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement - (Sec. 401) Requires the Commissioner of U.S. Customs and Border Protection (CBP) and the Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) to establish and implement cost accounting systems for their respective entities.

(Sec. 402) Directs the Commissioner of CBP to submit reports to Congress on the One Face at the Border Initiative (a DHS initiative that unifies customs, immigration, and agricultural inspection functions by cross-training CBP personnel).

(Sec. 403) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for the payment of overtime for CBP employees performing customs border patrol services by charter air carriers where the services are requested by such carriers for charter flights arriving after normal operating hours.

(Sec. 404) Expresses the sense of Congress that CBP should broadly interpret, implement, and enforce specified textile and apparel provisions of the African Growth and Opportunity Act, Andean Trade Preference Act, and Caribbean Basin Economic Recovery Act in order to expand trade by maximizing opportunities for imports from eligible beneficiary countries.

(Sec. 405) Directs the Secretary to create at least four remote (away from the U.S. border) enrollment centers for the Free and Secure Trade (FAST), Secure Electronic Network for Travelers Rapid Inspection (SENTRI), and NEXUS programs.

Title V: Miscellaneous - (Sec. 501) Requires the Secretary, within 30 days of enactment of this Act, to evaluate the organizational structure of DHS and to submit a report to Congress addressing the current division of immigration functions pursuant to the President's January 30, 2003, reorganization plan.

(Sec. 502) Requires the Comptroller General to submit reports to appropriate congressional committees assessing the effectiveness of: (1) DHS's structure in meeting DHS missions and recommending improvements; and (2) efforts by the Assistant Secretary for Cybersecurity to fulfill the statutory responsibilities of that office.

(Sec. 503) Directs the Secretary to develop a plan to: (1) improve operational efficiency of security screening checkpoints at commercial airports so that average peak waiting periods do not exceed 20 minutes; and (2) ensure that there are no significant disparities in immigration and customs processing times among airports serving international gateways.

(Sec. 504) Amends the Maritime Transportation Security Act of 2002 to specify that required appeal hearings for persons found ineligible for transportation security cards (to access secure areas of vessels or facilities) are to be conducted before an administrative law judge. Excludes, with regard to the terrorism security risk ground of ineligibility, consideration of felony convictions occurring more than seven years prior to the Secretary's determination of ineligibility that were not related to terrorism (as that term is defined in HSA).

(Sec. 505) Transfers to ICE all functions of the Customs Patrol Officers unit of CBP operating on the Tohono O'odham Indian reservation (known as the Shadow Wolves unit). Authorizes the Secretary to establish additional units of Customs Patrol Officers within ICE.

(Sec. 506) Requires the Secretary to establish procedures to record information on the use of immigration consultants by aliens.

(Sec. 507) Amends HSA to rename the Office for State and Local Government Coordination as the Office for State, Local, and Tribal Government Coordination.

(Sec. 508) Directs the Secretary, acting through the Director of the Office of National Capital Region Coordination, to study and report to Congress on the feasibility and desirability of modifying the definition of "National Capital Region" under HSA.

(Sec. 509) States that, except as explicitly provided in provisions concerning the dissemination of homeland security threat analysis, nothing in this Act shall affect the authority of Federal agencies other than DHS.

(Sec. 510) Authorizes the participation of a Department of Energy laboratory in university-based centers for homeland security established under HSA.

(Sec. 511) Requires the Secretary to prepare and submit to Congress a report on DHS efforts to curtail production and increase public awareness of imitation homeland security identification.

(Sec. 512) Directs the Secretary, within six months of enactment of this Act, to submit to the President and appropriate congressional committees a comprehensive plan for systematic surveillance of the northern border by remotely piloted aircraft.

(Sec. 513) Amends the Intelligence Reform Act to require the Secretary to carry out a pilot program testing the use of advanced technology to improve border security between ports of entry along the northern border, to the extent funds are provided in advance (currently, discretionary).

(Sec. 514) Requires the Comptroller General to study and report to Congress on: (1) the likely consequences of increasing the registration fee for temporary protected status under the Immigration and Nationality Act (INA); and (2) DHS's proposal to expand the use of premium fees for employment-based petitions and applications under INA.

(Sec. 516) Establishes a Buy American requirement for products procured by DHS, notwithstanding reciprocal procurement memoranda of understanding with foreign countries or international agreements to which the United States is a party.

(Sec. 517) Addresses disaster assistance for funeral expenses.

(Sec. 518) Extends through FY 2006 the authorization of appropriations for the DHS Office of Counternarcotics Enforcement.

(Sec. 519) States that none of the funds authorized under this Act may be derived from increases in civil aviation security service fees.

(Sec. 520) States that law enforcement personnel of any State or political subdivision are fully authorized to apprehend, detain, or remove aliens in the United States for purposes of assisting with immigration enforcement.

(Sec. 521) Directs the Secretary, within 180 days of enactment of this Act, to establish a training manual on immigration enforcement for State and local law enforcement personnel. Requires DHS to make training of such personnel available through as many means as possible.