H. Rept. 109-741 - 109th Congress (2005-2006)
January 02, 2007, As Reported by the Homeland Security Committee

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House Report 109-741 - REPORT ON LEGISLATIVE AND OVERSIGHT ACTIVITIES of the HOUSE COMMITTEE ON HOMELAND SECURITY together with ADDITIONAL VIEWS ONE HUNDRED NINTH CONGRESS SECOND SESSION 2006 (Pursuant to House Rule XI, 1(d))




[House Report 109-741]
[From the U.S. Government Printing Office]



109th Congress 
 2d Session             HOUSE OF REPRESENTATIVES                 Report
                                                                109-741
_______________________________________________________________________

                                     

                                                 Union Calendar No. 443


                  REPORT ON LEGISLATIVE AND OVERSIGHT

                               ACTIVITIES

                                 of the

                  HOUSE COMMITTEE ON HOMELAND SECURITY

                             together with

                            ADDITIONAL VIEWS

                       ONE HUNDRED NINTH CONGRESS

                             SECOND SESSION

                                  2006

                   (Pursuant to House Rule XI, 1(d))

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


January 2, 2007.--Committed to the Committee of the Whole House on the 
             State of the Union and ordered to be printed.
                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                   Washington, DC, January 2, 2007.
Hon. Karen Haas,
Clerk of the House of Representatives,
The Capitol, Washington, DC.
    Dear Ms. Haas: Pursuant to clause 1(d)(1) of Rule XI and 
Rule X of the Rules of the House of Representatives, here is a 
report of the legislative and oversight activities of the 
Committee on Homeland Security during the 109th Congress.
            Sincerely,
                                             Peter T. King,
                                                          Chairman.


                                                 Union Calendar No. 443
109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-741

======================================================================



 
   LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON HOMELAND 
                        SECURITY 109TH CONGRESS

                                _______
                                

January 2, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. King, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                                Overview

    The Committee on Homeland Security met on February 9, 2005, 
for an organizational meeting for the 109th Congress under the 
direction of Chairman Christopher Cox of California. The 
Committee Membership, was set at 34 Members with 19 Republicans 
and 15 Democrats.
    The Committee established five Subcommittees: the 
Subcommittee on Prevention of Nuclear and Biological Attack; 
the Subcommittee on Intelligence, Information Sharing, and 
Terrorism Risk Assessment; the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity; the 
Subcommittee on Management, Integration, and Oversight; and the 
Subcommittee on Emergency Preparedness, Science, and 
Technology.
    On August 2, 2005, Mr. Christopher Cox of California, 
Chairman of the Committee, resigned as a Member of the House of 
Representatives after the Senate confirmed his nomination to be 
a Member of the Securities and Exchange Commission for the term 
expiring June 5, 2009, on July 29, 2005. Subsequently, on 
September 15, 2005, Mr. Peter T. King of New York was appointed 
Chairman of the Committee on Homeland Security.
    On October 7, 2005, the Committee on Homeland Security 
revised the Rules of the Committee creating a sixth 
Subcommittee, the Subcommittee on Investigations.

                                CONTENTS

                                                                   Page
Membership and Organization......................................     9
History of the Committee on Homeland Security....................    13
Full Committee...................................................    15
    Legislative Activities.......................................    16
    Oversight Activities.........................................    68
Subcommittee on Prevention of Nuclear and Biological Attack......    87
    Legislative Activities.......................................    88
    Oversight Activities.........................................    90
Subcommittee on Economic Security, Infrastructure Protection, and 
  Cybersecurity..................................................   105
    Legislative Activities.......................................   105
    Oversight Activities.........................................   116
Subcommittee on Intelligence, Information Sharing, and Terrorism 
  Risk Assessment................................................   143
    Legislative Activities.......................................   143
    Oversight Activities.........................................   145
Subcommittee on Management, Integration, and Oversight...........   165
    Legislative Activities.......................................   165
    Oversight Activities.........................................   167
Subcommittee on Emergency Preparedness, Science, and Technology..   183
    Legislative Activities.......................................   184
    Oversight Activities.........................................   188
Subcommittee on Investigations...................................   205
    Oversight Activities.........................................   205
    Committee Oversight Plan.....................................   211
    Part A, Oversight Plan As Agreed to..........................   211
    Part B, Implementation of the Oversight Plan.................   227
Appendices
    Appendix I--Committee Rules..................................   249
    Appendix II--Membership Changes to the Committee.............   261
    Appendix III--List of Public Laws............................   266
    Appendix IV--Status of Legislation...........................   267
    Appendix V--Committee Legislative Reports....................   274
    Appendix VI--Executive Communications, Memorials, Petitions, 
      and Presidential Messages..................................   276
    Appendix VII--Committee Staff................................   283
    Appendix VIII--Witnesses.....................................   286
    Appendix IX--Printed Hearings................................   335
    Appendix X--Committee Prints.................................   340
    Appendix XI--Summary of Committee Activities.................   341
Additional Views.................................................   342

                  Jurisdiction and Legislative History

    The establishment of a Committee on Homeland Security was 
included H. Res. 5, the Rules of the House of Representatives 
for the 109th Congress, agreed to on January 4, 2005. The 
jurisdiction of the Committee is as follows:

                              HOUSE RULE X

Committees and their legislative jurisdictions

    1. There shall be in the House the following standing 
committees, each of which shall have the jurisdiction and 
related functions assigned by this clause and clauses 2, 3, and 
4. All bills, resolutions, and other matters relating to 
subjects within the jurisdiction of the standing committees 
listed in this clause shall be referred to those committees, in 
accordance with clause 2 of rule XII, as follows:
    (I) Committee on Homeland Security
          (1) Overall homeland security policy.
          (2) Organization and administration of the Department 
        of Homeland Security.
          (3) Functions of the Department of Homeland Security 
        relating to the following:
                  (A) Border and port security (except 
                immigration policy and non-border enforcement).
                  (B) Customs (except customs revenue).
                  (C) Integration, analysis, and dissemination 
                of homeland security information.
                  (D) Domestic preparedness for and collective 
                response to terrorism.
                  (E) Research and development.
                  (F) Transportation security.

General oversight responsibilities

    2. (a) The various standing committees shall have general 
oversight responsibilities as provided in paragraph (b) in 
order to assist the House in
          (1) its analysis, appraisal, and evaluation of--
                  (A) the application, administration, 
                execution, and effectiveness of Federal laws; 
                and
                  (B) conditions and circumstances that may 
                indicate the necessity or Desirability of 
                enacting new or additional legislation; and
          (2) its formulation, consideration, and enactment of 
        changes in Federal laws, and of such additional 
        legislation as may be necessary or appropriate.
    (b)(1) In order to determine whether laws and programs 
addressing subjects within the jurisdiction of a committee are 
being implemented and carried out in accordance with the intent 
of Congress and whether they should be continued, curtailed, or 
eliminated, each standing committee (other than the Committee 
on Appropriations) shall review and study on a continuing 
basis--
          (A) the application, administration, execution, and 
        effectiveness of laws and programs addressing subjects 
        within its jurisdiction;
          (B) the organization and operation of Federal 
        agencies and entities having responsibilities for the 
        administration and execution of laws and programs 
        addressing subjects within its jurisdiction;
          (C) any conditions or circumstances that may indicate 
        the necessity or desirability of enacting new or 
        additional legislation addressing subjects within its 
        jurisdiction (whether or not a bill or resolution has 
        been introduced with respect thereto); and
          (D) future research and forecasting on subjects 
        within its jurisdiction.
    (2) Each committee to which subparagraph (1) applies sight 
subcommittee, or require its subcommittees to conduct oversight 
in their respective jurisdictions, to assist in carrying out 
its responsibilities under this clause. The establishment of an 
oversight subcommittee does not limit the responsibility of a 
subcommittee with legislative jurisdiction in carrying out its 
oversight responsibilities.
    (c) Each standing committee shall review and study on a 
continuing basis the impact or probable impact of tax policies 
affecting subjects within its jurisdiction as described in 
clauses 1 and 3.
    (d)(1) Not later than February 15 of the first session of a 
Congress, each standing committee shall, in a meeting that is 
open to the public and with a quorum present, adopt its 
oversight plan for that Congress. Such plan shall be submitted 
simultaneously to the Committee on Government Reform and to the 
Committee on House Administration. In developing its plan each 
committee shall, to the maximum extent feasible--
          (A) consult with other committees that have 
        jurisdiction over the same or related laws, programs, 
        or agencies within its jurisdiction with the objective 
        of ensuring maximum coordination and cooperation among 
        committees when conducting reviews of such laws, 
        programs, or agencies and include in its plan an 
        explanation of steps that have been or will be taken to 
        ensure such coordination and cooperation;
          (B) review specific problems with Federal rules, 
        regulations, statutes, and court decisions that are 
        ambiguous, arbitrary, or nonsensical, or that impose 
        severe financial burdens on individuals;
          (C) give priority consideration to including in its 
        plan the review of those laws, programs, or agencies 
        operating under permanent budget authority or permanent 
        statutory authority;
          (D) have a view toward ensuring that all significant 
        laws, programs, or agencies within its jurisdiction are 
        subject to review every 10 years; and
          (E) have a view toward insuring against duplication 
        of Federal programs.
    (2) Not later than March 31 in the first session of a 
Congress, after consultation with the Speaker, the Majority 
Leader, and the Minority Leader, the Committee on Government 
Reform shall report to the House the oversight plans submitted 
by committees together with any recommendations that it, or the 
House leadership group described above, may make to ensure the 
most effective coordination of oversight plans and otherwise to 
achieve the objectives of this clause.
    (e) The Speaker, with the approval of the House, may 
appoint special ad hoc oversight committees for the purpose of 
reviewing specific matters within the jurisdiction of two or 
more standing committees.

Special oversight functions

    3. (f) The Committee on Homeland Security shall review and 
study on a continuing basis all Government activities relating 
to homeland security, including the interaction of all 
departments and agencies with the Department of Homeland 
Security.

           Legislative History To Accompany Changes to Rule X


           (Congressional Record, January 4, 2005, Page H25)

             Rule X and the Committee on Homeland Security


Legislative History

    Overall homeland security policy--The jurisdiction of the 
Committee on Homeland Security over ``overall homeland security 
policy'' is to be interpreted on a government-wide or multi-
agency basis similar to the Committee on Government Reform's 
jurisdiction over ``overall economy, efficiency, and management 
of government operations and activities. . . .'' Surgical 
addresses of homeland security policy in sundry areas of 
jurisdiction occupied by other committees would not be referred 
to the Committee on Homeland Security on the basis of 
``overall'' homeland security policy jurisdiction.
    For example, the Committee on Homeland Security shall have 
jurisdiction over a bill coordinating the homeland security 
efforts by all of the critical infrastructure protection 
sectors. Jurisdiction over a bill addressing the protection of 
a particular sector would lie with the committee otherwise 
having jurisdiction over that sector.
    Organization and administration of the Department of 
Homeland Security--The jurisdiction of the Committee on 
Homeland Security would apply only to organizational or 
administrative aspects of the Department where another 
committee's jurisdiction did not clearly apply. The Committee's 
jurisdiction is to be confined to organizational and 
administrative efforts and would not apply to programmatic 
efforts within the Department of Homeland Security within the 
jurisdiction of other committees.
    Homeland Security Oversight--This would vest the Committee 
on Homeland Security with oversight jurisdiction over the 
homeland security community of the United States. Nothing in 
this clause shall be construed as prohibiting or otherwise 
restricting the authority of any other committee to study and 
review homeland security activities to the extent that such 
activity directly affects a matter otherwise within the 
jurisdiction of that committee.

Individual Committee Concerns

    Agriculture--The jurisdiction of the Committee on Homeland 
Security over ``border and port security'' shall be limited to 
agricultural importation and entry inspection activities of the 
Department of Homeland Security under section 421 of the 
Homeland Security Act of 2002. The Committee on Agriculture 
shall retain jurisdiction over animal and plant disease policy 
including the authority reserved to the Department of 
Agriculture to regulate policy under section 421 of the 
Homeland Security Act of 2002, and the Animal Health Protection 
Act, the Plant Protection Act, the Plant Quarantine Act, and 
the Agriculture Quarantine Inspection User Fee Account. The 
Committee on Agriculture shall retain jurisdiction over the 
agricultural research and diagnosis mission at the Plum Island 
Animal Disease Center.
    Armed Services--The Committee on Armed Services shall 
retain jurisdiction over warfighting, the military defense of 
the United States, and other military activities, including any 
military response to terrorism, pursuant to section 876 of the 
Homeland Security Act of 2002.
    Energy and Commerce--The Committee on Homeland Security 
shall have jurisdiction over measures that address the 
Department of Homeland Security's activities for domestic 
preparedness and collective response to terrorism. The words 
``to terrorism'' require a direct relation to terrorism. The 
Committee on Homeland Security's jurisdiction over ``collective 
response to terrorism'' means that it shall receive referrals 
of bills addressing the Department of Homeland Security's 
responsibilities for, and assistance to, first responders as a 
whole. The Committee on Energy and Commerce (and other relevant 
committees) shall retain their jurisdiction over bills 
addressing the separate entities that comprise the first 
responders. For example, the Committee on Energy and Commerce 
shall retain its jurisdiction over a bill directing the 
Department of Health and Human Services to train emergency 
medical personnel.
    Financial Services--The Committee on Financial Services 
shall retain jurisdiction over the National Flood Insurance 
Program and Emergency Food and Shelter Program of FEMA, and the 
Defense Production Act. The Committee on Financial Services 
shall retain its jurisdiction over the anti-money laundering, 
terrorist financing, and anti-counterfeiting activities within 
the Department of the Treasury and the financial regulators.
    Government Reform--The Committee on Homeland Security shall 
have jurisdiction over ``the organization and administration of 
the Department of Homeland Security.'' The Committee on 
Government Reform shall retain jurisdiction over federal civil 
service, the overall economy, efficiency, and management of 
government operations and activities, including Federal 
procurement, and federal paperwork reduction. The Committee on 
Government Reform shall retain jurisdiction over government-
wide information management efforts including the Federal 
Information Security Management Act. The Committee on Homeland 
Security shall have jurisdiction over integration, analysis, 
and dissemination of homeland security information by the 
Department of Homeland Security, and the Committee on 
Government Reform shall retain jurisdiction over measures 
addressing public information and records generally including 
the Privacy Act and the Freedom of Information Act. The 
Committee on Government Reform shall have jurisdiction over the 
policy coordination responsibilities of the Office of 
Counternarcotics Enforcement.
    Intelligence--The Permanent Select Committee on 
Intelligence shall retain jurisdiction over the intelligence 
and intelligence-related activities of all departments and 
agencies of the Federal Government, including the Office of the 
Director of National Intelligence and the National 
Counterterrorism Center as defined in the Intelligence Reform 
and Terrorism Prevention Act of 2004.
    Judiciary--The Committee on the Judiciary shall retain 
jurisdiction over immigration policy and non-border enforcement 
of the immigration laws. Its jurisdiction over immigration 
policy shall include matters such as the immigration and 
naturalization process, numbers of aliens (including immigrants 
and non-immigrants) allowed, classifications and lengths of 
allowable stay, the adjudication of immigration petitions and 
the requirements for the same, the domestic adjudication of 
immigration petitions and applications submitted to the 
Department of Labor or the Department of Homeland Security and 
setting policy with regard to visa issuance and acceptance. Its 
jurisdiction over non-border enforcement shall be limited to 
those aspects of immigration enforcement not associated with 
the immediate entry of individuals into the country, including 
those aspects of the Bureau of Immigration and Customs 
Enforcement. The Committee on Homeland Security shall have 
jurisdiction over border and port security including the 
immigration responsibilities of inspectors at ports of entry 
and the border patrol. As used in the new Rule X(1)(l)(9) and 
this legislative history, the word ``immigration'' shall be 
construed to include ``naturalization'' and no substantive 
change is intended by the new rule's not containing the word 
``naturalization.''
    Science--The Committee on Science shall retain some 
jurisdiction over the research and development activities of 
the Department of Homeland Security as such matters are 
incidental to the Committee on Science's existing jurisdiction 
(except where those activities are in the jurisdiction of 
another committee).
    Transportation and Infrastructure--The Committee on 
Transportation and Infrastructure shall retain jurisdiction 
over the Coast Guard. However, the Committee on Homeland 
Security has jurisdiction over port security, and some Coast 
Guard responsibilities in that area will fall within the 
jurisdiction of both committees. Jurisdiction over emergency 
preparedness will be split between the Committee on 
Transportation and Infrastructure and the Committee on Homeland 
Security. The Committee on Transportation and Infrastructure 
shall retain its jurisdiction under clause 1(r)(2) over 
``federal management of emergencies and natural disasters.'' 
This means that the committee retains its general jurisdiction 
over the emergency preparedness and response operations of the 
Federal Emergency Management Agency (FEMA). Bills addressing 
FEMA's general preparation for disaster from any cause shall be 
referred to the Committee on Transportation and Infrastructure. 
The Committee on Homeland Security shall have jurisdiction over 
the Department of Homeland Security's responsibilities with 
regard to emergency preparedness only as they relate to acts of 
terrorism. Thus, the Committee on Homeland Security shall have 
jurisdiction over the responsibilities of the Office for 
Domestic Preparedness, in accordance with section 430 of the 
Homeland Security Act of 2002.
    As indicated earlier, the Committee on Homeland Security's 
jurisdiction over ``collective response to terrorism'' means 
that it would receive referrals of bills addressing the 
Department of Homeland Security's responsibilities for, and 
assistance to, first responders as a whole and not over 
measures addressing first responder communities individually.
    The Committee on Homeland Security shall have jurisdiction 
over the functions of the Department of Homeland Security 
relating to transportation security, while the Committee on 
Transportation and Infrastructure shall retain its jurisdiction 
over transportation safety. In general, the Committee on 
Homeland Security would have jurisdiction over bills addressing 
the Transportation Security Administration and the Committee on 
Transportation and Infrastructure would have jurisdiction over 
bills addressing the various entities within the Department of 
Transportation having responsibility for transportation safety, 
such as the Federal Aviation Administration and the Federal 
Motor Carrier Safety Administration. The jurisdiction of the 
Committee on Homeland Security does not include expenditures 
from trust funds under the jurisdiction of other committees, 
including but not limited to the Highway Trust Fund, the 
Airport and Airway Trust Fund, the Harbor Maintenance Trust 
Fund, the Federal Buildings Fund, and the Inland Waterways 
Trust Fund.
    Ways and Means--The jurisdiction of the Committee on Ways 
and Means over ``customs revenue'' is intended to include those 
functions contemplated in section 412(b)(2) of the Homeland 
Security Act of 2002 and includes those functions as carried 
out in collection districts and ports of entry and delivery.
   Membership and Organization of the Committee on Homeland Security

                                (19-15)

 PETER T. KING, New York, Chairman

Bennie G. Thompson, Mississippi      Don Young, Alaska
Loretta Sanchez, California          Lamar S. Smith, Texas
Edward J. Markey, Massachusetts      Curt Weldon, Pennsylvania, Vice 
Norman D. Dicks, Washington          Chairman
1Jane Harman, California             Christopher Shays, Connecticut
Peter A. DeFazio, Oregon             John Linder, Georgia
Nita M. Lowey, New York              Mark E. Souder, Indiana
Eleanor Holmes Norton, District of Columbiavis, Virginia
Zoe Lofgren, California              Daniel E. Lungren, California
Sheila Jackson-Lee, Texas            Jim Gibbons, Nevada
Bill Pascrell, Jr., New Jersey       Rob Simmons, Connecticut
Donna M. Christensen, U.S. Virgin Islands Rogers, Alabama
Bob Etheridge, North Carolina        Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Katherine Harris, Florida
Kendrick B. Meek, Florida            Bobby Jindal, Louisiana
                                     David G. Reichert, Washington
                                     Michael T. McCaul, Texas
                                     Charles W. Dent, Pennsylvania
                                     Ginny Brown-Waite, Florida

January 4, 2005--Establishment of the Committee on Homeland Security, 
pursuant to the provisions of H. Res. 5. Congressional Record H7.
January 6, 2005 Appointment of Mr. Christopher Cox of California as 
Chairman and Mr. Bennie G. Thompson of Mississippi as Ranking Member 
pursuant to H. Res. 32 and H. Res. 33. Congressional Record H81-83.
January 25, 2005 Appointment of Mr. Daniel E. Lungren of California; 
Mr. Bobby Jindal of Louisiana; Mr. Dave Reichert of Washington; Mr. 
Michael McCaul of Texas; and Mr. Charlie Dent of Pennsylvania to the 
Committee pursuant to H. Res. 48. Congressional Record H200.
February 9, 2005 Appointment of Majority Members to the Committee 
pursuant to H. Res. 73. Congressional Record H419.
February 9, 2005 Appointment of Minority Members to the Committee 
pursuant to H. Res. 74. Congressional Record H422.
August 2, 2005 Mr. Christopher Cox of California, Chairman of the 
Committee, resigned as a Member of the House of Representatives after 
the Senate, on July 29, 2005, confirmed his nomination to be a Member 
of the Securities and Exchange Commission for the term expiring June 5, 
2009.
September 15, 2005 Mr. Peter T. King of New York was appointed Chairman 
of the Committee on Homeland Security, and Ms. Ginny Brown-Waite of 
Florida was appointed to the Committee to rank after Mr. Dent pursuant 
to H. Res. 445. Congressional Record H8061.
December 8, 2006--Mr. Jim Gibbons of Nevada resigned as a Member of the 
from the U.S. House of Representatives.

      Subcommittee on Prevention of Nuclear and Biological Attack
                                 (8-6)

  JOHN LINDER, Georgia, Chairman

James R. Langevin, Rhode Island      Don Young, Alaska
Edward J. Markey, Massachusetts      Christopher Shays, Connecticut
Norman D. Dicks, Washington          Daniel E. Lungren, California
Jane Harman, California              Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Prevention of terrorist attacks on the United States 
involving nuclear and biological weapons, including the Department of 
Homeland Security's role in nuclear and biological counter-
proliferation and detection of fissile materials, biological weapons, 
precursors, and production equipment; the Department of Homeland 
Security's role in detecting and interdicting commerce in and transit 
of nuclear and biological weapons, components, precursors, delivery 
systems, and production equipment; development and deployment of 
sensors to detect nuclear and biological weapons, components, 
precursors, and production equipment; inspections conducted 
domestically and abroad to detect and interdict nuclear and biological 
weapons, components, precursors, delivery systems, and production 
equipment; nuclear and biological threat certification and 
characterization; preventative use of technology, including forensic 
analytic techniques, to attribute nuclear and biological weapons-
related samples to their sources; border, port, and transportation 
security designed to prevent nuclear and biological attacks on the 
United States; integration of federal, state, and local efforts to 
prevent nuclear and biological attacks, including coordination of 
border security initiatives for this purpose; conducting relevant 
oversight; and other matters referred to the Subcommittee by the 
Chairman.

                                 ------                                

 Subcommittee on Intelligence, Information Sharing, and Terrorism Risk 
                               Assessment
                                 (9-7)

ROB SIMMONS, Connecticut, Chairman

Zoe Lofgren, California              Curt Weldon, Pennsylvania
Loretta Sanchez, California          Mark E. Souder, Indiana
Jane Harman, California              Daniel E. Lungren, California
Nita M. Lowey, New York              Jim Gibbons, Nevada
Sheila Jackson-Lee, Texas            Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Bobby Jindal, Louisiana
Kendrick B. Meek, Florida            Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Intelligence and information sharing for the purpose of 
preventing, preparing for, and responding to potential terrorist 
attacks on the United States; the responsibility of the Department of 
Homeland Security for comprehensive, nationwide, terrorism-related 
threat, vulnerability, and risk analyses; the integration, analysis, 
and dissemination of homeland security information, including the 
Department of Homeland Security's participation in, and interaction 
with, other public and private sector entities for any of those 
purposes; communications of terrorism-related information by the 
federal government to State, local, and private sector entities; 
issuance of terrorism threat advisories and warnings (including 
administration of the Homeland Security Advisory System); liaison of 
the Department of Homeland Security with U.S. intelligence and law 
enforcement agencies; information gathering, analysis, and sharing by 
Department of Homeland Security entities; the role of intelligence in 
terrorism threat prioritization; conducting relevant oversight; and 
other matters referred to the Subcommittee by the Chairman.

                                 ------                                

   Subcommittee on Economic Security, Infrastructure Protection, and 
                             Cybersecurity
                                 (9-7)

  DANIEL E. LUNGREN, California, 
             Chairman

Loretta Sanchez, California          Don Young, Alaska
Edward J. Markey, Massachusetts      Lamar S. Smith, Texas
Norman D. Dicks, Washington          John Linder, Georgia
Peter A. DeFazio, Oregon             Mark E. Souder, Indiana
Zoe Lofgren, California              Mike Rogers, Alabama
Sheila Jackson-Lee, Texas            Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Development of strategies to protect against terrorist 
attack against the United States; prioritizing risks through analytical 
tools and cost/benefit analyses; prioritizing investment in critical 
infrastructure protection across all sectors, including transportation 
(air, land, sea, and intermodal, both domestic and international); 
defeating terrorist efforts to inflict economic costs through threats 
and violence; mitigation of potential consequences of terrorist attacks 
on critical infrastructure, and related target hardening strategies; 
border, port, and transportation security; in the wake of an attack on 
one sector, ensuring the continuity of other sectors including critical 
government, business, health, financial, commercial, and social service 
functions; security of computer, telecommunications, information 
technology, industrial control systems, electronic infrastructure, and 
data systems; protecting government and private networks and computer 
systems from domestic and foreign attack; preventing potential injury 
to civilian populations and physical infrastructure resulting, directly 
or indirectly, from cyber attacks; with respect to each of the 
foregoing, assessing the impact of potential protective measures on the 
free flow of commerce and the promotion of economic growth; conducting 
relevant oversight; and other matters referred to the Subcommittee by 
the Chairman.

                                 ------                                

         Subcommittee on Management, Integration and Oversight
                                 (7-5)

  MIKE ROGERS, Alabama, Chairman

Peter T. King, New York (Ex Officio) John Linder, Georgia
Kendrick B. Meek, Florida            Mark E. Souder, Indiana
Edward J. Markey, Massachusetts      Tom Davis, Virginia
Zoe Lofgren, California              Katherine Harris, Florida
Sheila Jackson-Lee, Texas            David G. Reichert, Washington
Bill Pascrell, Jr., New Jersey       Michael T. McCaul, Texas
Bennie G. Thompson, Mississippi (Ex Officio)

Jurisdiction: Oversight of Department of Homeland Security progress in 
implementing the management and organizational directives of the 
Homeland Security Act and other homeland security-related mandates; 
Department of Homeland Security offices responsible for the provision 
of department-wide services, including the Under Secretary for 
Management, the Chief Information Officer, and the Chief Financial 
Officer; cross-directorate, Department-wide standardization and 
programmatic initiatives; investigations and reports by the Inspector 
General of the Department of Homeland Security; standardization and 
security of Department of Homeland Security communications systems and 
information technology infrastructure; harmonization and effectiveness 
of Department of Homeland Security budgeting, acquisition, procurement, 
personnel, and financial management systems; incentives and barriers to 
hiring that affect Department components; Department of Homeland 
Security-initiated internal reorganizations; conducting relevant 
oversight; and other matters referred to the Subcommittee by the 
Chairman.

                                 ------                                

    Subcommittee on Emergency Preparedness, Science, and Technology
                                 (10-8)

  DAVID G. REICHERT, Washington, 
             Chairman

Bill Pascrell, Jr., New Jersey       Lamar S. Smith, Texas
Loretta Sanchez, California          Curt Weldon, Pennsylvania
Norman D. Dicks, Washington          Rob Simmons, Connecticut
Jane Harman, California              Mike Rogers, Alabama
Nita M. Lowey, New York              Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsael T. McCaul, Texas
Bob Etheridge, North Carolina        Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Preparedness for and collective response to terrorism, 
including federal support to first responders; terrorism-related 
incident management and response; consequence mitigation; Department of 
Homeland Security-administered homeland security grants to first 
responders; conduct and coordination of exercises and training relating 
to mitigating the effects of and responding to terrorist attacks 
(including nuclear, biological, radiological, and chemical attacks on 
civilian populations); federal government coordination of terrorism-
related emergency preparedness and response with and among state and 
local governments, the private sector, and the public; research, 
development and deployment of technology for combating terrorism; 
adaptation of existing technologies to homeland security prevention 
priorities; coordination and enhancement of Department of Homeland 
Security interaction on science and technology matters with the private 
sector, federally funded research and development centers, educational 
institutions, the National Laboratories, and other scientific 
resources; Department of Homeland Security-based science and technology 
entities and initiatives; conducting relevant oversight; and other 
matters referred to the Subcommittee by the Chairman.

                                 ------                                

                     Subcommittee on Investigations
                                 (5-3)

MICHAEL T. McCAUL, Texas, Chairman

Bob Etheridge, North Carolina (Acting)hristopher Shays, Connecticut
Bill Pascrell, Jr., New Jersey       Daniel E. Lungren, California
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Conduct of investigations into matters within the 
jurisdiction of the full Committee and referred to the subcommittee by 
the Chairman.
             HISTORY OF THE COMMITTEE ON HOMELAND SECURITY

    The 109th Congress marks the first Congress for the 
standing Committee on Homeland Security. During the two 
previous Congresses, the House of Representatives established 
separate Select Committees on Homeland Security: the first to 
establish the Department of Homeland Security, the second to 
monitor the initial activities of the Department and to examine 
the need for a standing committee in the House with 
jurisdictional authority over the Department.

                Standing Committee on Homeland Security

109th Congress
    The Committee on Homeland Security was established as a 
standing Committee of the House with the passage of H. Res. 5, 
on January 4, 2005. The resolution was adopted by a recorded 
vote of 220 yeas and 195 nays.
    On February 9, 2005, the Committee on Homeland Security 
adopted its Rules, which provided for the establishment of five 
Subcommittees. The Subcommittee on Prevention of Nuclear and 
Biological Attack; the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment; the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity; the Subcommittee on Management, Integration, 
and Oversight; and the Subcommittee on Emergency Preparedness, 
Science, and Technology.
    On October 7, 2005, the Committee revised its Rules to 
establish a Subcommittee on Investigations.

                 Select Committees on Homeland Security

107th Congress
    In the 107th Congress, the House Select Committee on 
Homeland Security was established on June 19, 2002, pursuant to 
H. Res. 449 (adopted by voice vote). The Committee was composed 
of nine Members of the House: Mr. Armey, Chairman; Mr. DeLay; 
Mr. Watts of Oklahoma; Ms. Pryce of Ohio; Mr. Portman; Ms. 
Pelosi; Mr. Frost; Mr. Menendez; and Ms. DeLauro.
    The mandate of the Select Committee in the 107th Congress 
was to ``develop recommendations and report to the House on 
such matters that relate to the establishment of a department 
of homeland security.'' The Select Committee accomplished its 
mandate on November 22, 2002, when the House concurred in the 
Senate amendment to H.R. 5005, a bill establishing the 
Department of Homeland Security, by unanimous consent, and 
cleared H.R. 5005 for the President. The bill was presented to 
the President on November 22, 2002, and was signed on November 
25, 2002, becoming Public Law 107-296.
    The termination date of the House Select Committee on 
Homeland Security was ``after final disposition of a bill [ . . 
. ] including final disposition of any veto message on such 
bill, `` which occurred on November 25, 2002.
108th Congress
    The House Select Committee on Homeland Security was re-
established in the 108th Congress on January 7, 2003, pursuant 
to provisions of H. Res. 5 (adopted by a recorded vote of 221 
yeas and 203 nays.) The Membership of the Select Committee was 
established on February 12, 2003, as: Mr. Cox of California, 
Chairman; Ms. Dunn of Washington; Mr. Young of Florida; Mr. 
Young of Alaska; Mr. Sensenbrenner of Wisconsin; Mr. Tauzin of 
Louisiana; Mr. Dreier of California; Mr. Hunter of California; 
Mr. Rogers of Kentucky; Mr. Boehlert of New York; Mr. Smith of 
Texas; Mr. Weldon of Pennsylvania; Mr. Shays of Connecticut; 
Mr. Goss of Florida; Mr. Camp of Michigan; Mr. Lincoln Diaz-
Balart of Florida; Mr. Goodlatte of Virginia; Mr. Istook of 
Oklahoma; Mr. King of New York; Mr. Linder of Georgia; Mr. 
Shadegg of Arizona; Mr. Souder of Indiana; Mr. Thornberry of 
Texas; Mr. Gibbons of Nevada; Ms. Granger of Texas; Mr. 
Sessions of Texas; Mr. Sweeney of New York; Mr. Turner of 
Texas; Mr. Thompson of Mississippi; Ms. Loretta Sanchez of 
California; Mr. Markey of Massachusetts; Mr. Dicks of 
Washington; Mr. Frank of Massachusetts; Ms. Harman of 
California; Mr. Cardin of Maryland; Ms. Slaughter of New York; 
Mr. DeFazio of Oregon; Mrs. Lowey of New York; Mr. Andrews of 
New Jersey; Ms. Norton, a Delegate from the District of 
Columbia; Ms. Lofgren of California; Ms. McCarthy of Missouri; 
Ms. Jackson-Lee of Texas; Mr. Pascrell of New Jersey; Mrs. 
Christensen, a Delegate from the U.S. Virgin Islands; Mr. 
Etheridge of North Carolina; Mr. Gonzalez of Texas; Mr. Lucas 
of Kentucky; Mr. Langevin of Rhode Island; and Mr. Meek of 
Florida.
    The Select Committee was authorized to develop 
recommendations and report to the House by bill or otherwise on 
such matters that relate to the Homeland Security Act of 2002 
(Public Law 107-296) as may be referred to it by the Speaker, 
and was charged with reviewing and studying on a continuing 
basis laws, programs, and Government activities relating to 
homeland security. In addition, the Select Committee was 
directed to conduct a thorough and complete study of the 
operation and implementation of the Rules of the House, 
including Rule X, with respect to the issue of homeland 
security, and submit its recommendations regarding any changes 
in the Rules of the House to the Committee on Rules not later 
than September 30, 2004.
    On September 30, 2004, the Select Committee on Homeland 
Security submitted its recommendations on jurisdictional 
changes to the Rules of the House of Representatives to the 
Committee on Rules.
    Pursuant to H. Res. 5, the Select Committee terminated on 
January 2, 2005, with the expiration of the 108th Congress.
                             Full Committee

 PETER T. KING, New York, Chairman

Bennie G. Thompson, Mississippi      Don Young, Alaska
Loretta Sanchez, California          Lamar S. Smith, Texas
Edward J. Markey, Massachusetts      Curt Weldon, Pennsylvania, Vice 
Norman D. Dicks, Washington          Chairman
Jane Harman, California              Christopher Shays, Connecticut
Peter A. DeFazio, Oregon             John Linder, Georgia
Nita M. Lowey, New York              Mark E. Souder, Indiana
Eleanor Holmes Norton, District of Columbiavis, Virginia
Zoe Lofgren, California              Daniel E. Lungren, California
Sheila Jackson-Lee, Texas            Jim Gibbons, Nevada
Bill Pascrell, Jr., New Jersey       Rob Simmons, Connecticut
Donna M. Christensen, U.S. Virgin Islands Rogers, Alabama
Bob Etheridge, North Carolina        Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Katherine Harris, Florida
Kendrick B. Meek, Florida            Bobby Jindal, Louisiana
                                     David G. Reichert, Washington
                                     Michael T. McCaul, Texas
                                     Charles W. Dent, Pennsylvania
                                     Ginny Brown-Waite, Florida

    During the 109th Congress, the Committee on Homeland 
Security held a total of 12 hearings and received testimony 
from 38 witnesses on numerous topics and measures. Oversight 
activities focused on a variety of subjects, including an 
examination of Department of Homeland Security (DHS or ``the 
Department'') restructuring efforts, risk-based allocation of 
resources, first responder grant funding, reforming the 
disaster response capabilities of the Federal Emergency 
Management Agency (FEMA), securing the Nation's international 
borders and ports, and monitoring the homeland security 
implications of foreign investment in the United States. In 
addition to these oversight efforts, the Committee on Homeland 
Security worked on a number of important legislative 
initiatives, including enactment of public laws relating to 
port security, chemical facility security, border security, and 
emergency management reform. The Committee also secured House 
consideration and passage of other legislation reforming the 
Department's terrorism grant programs to require risk-based 
allocation of those resources, and comprehensively 
reauthorizing the Department's activities related to terrorism 
prevention, preparedness and response. The legislative and 
oversight record of the Committee is discussed more fully 
below.

                Organizational Meetings of the Committee

    The Committee on Homeland Security was established as a 
standing Committee of the House of Representatives with the 
passage of H. Res. 5, the Rules of the House adopted on the 
first day of the session, January 4, 2005.
    On February 9, 2005, the Committee on Homeland Security 
adopted its Rules, which provided for the establishment of five 
Subcommittees: the Subcommittee on Prevention of Nuclear and 
Biological Attack; the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment; the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity; the Subcommittee on Management, Integration, 
and Oversight; and the Subcommittee on Emergency Preparedness, 
Science, and Technology.
    On October 7, 2005, the Committee on Homeland Security met 
to modify the Rules of the Committee to include an additional 
Subcommittee on Investigations, and conduct additional 
Committee business.

                Legislative Activities of the Committee


 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR 
                  ON TERROR, AND TSUNAMI RELIEF, 2005

                 Public Law 109-13 H.R. 1268 (H.R. 418)

    Making Emergency Supplemental Appropriations for Defense, 
the Global War on Terror, and Tsunami Relief, for the fiscal 
year ending September 30, 2005, and for other purposes.

Summary

    The Emergency Supplemental Appropriations Act for Defense, 
the Global War on Terror, and Tsunami Relief Act of 2005 
incorporates provisions of H.R. 418, the Real ID Act of 2005, a 
bill which contains several provisions to improve homeland 
security and address general immigration matters. The Committee 
on Homeland Security was consulted during the House-Senate 
Conference on H.R. 1268 on provisions relating to secure 
identification cards and physical barriers at the border.
    Title I of the REAL ID Act amends the Immigration and 
Nationality Act (INA) (P.L. 82-414, amended) to provide for the 
inadmissibility and expeditious removal of persons with 
connections to terrorists or terrorist activity, and waives 
certain legal requirements for the improvement of certain 
physical barriers at the Nation's border.
    Title II requires that any State-issued documentation used 
by citizens for Federal purposes, such as accessing Federal 
facilities, boarding commercial airliners, entering nuclear 
power plants, and any other purpose that the Secretary of 
Homeland Security determines appropriate, must meet certain 
minimum standards to be accepted by the Federal government. The 
Secretary of Homeland Security, in consultation with the 
Department of Transportation and individual States, is required 
to establish minimum standards for a driver's license or 
identification card issued to a person by a State. States have 
three years to comply with those standards, and the Secretary 
is authorized to issue grants to States to assist in this 
effort.
    Title III of the REAL ID Act directs the Under Secretary of 
Homeland Security for Border and Transportation Security to 
study and report on the technology, equipment, and personnel 
needed to address security vulnerabilities at United States 
December 9, 2006 borders with Canada and the United Mexican 
States and to develop and implement a plan to improve 
communications and information sharing among Federal, State and 
local government agencies, as well as Tribal Governments on 
border security matters.

Legislative History

    H.R. 418 was introduced in the House January 26, 2005, by 
Mr. Sensenbrenner and 115 original cosponsors. The bill was 
referred to the Committee on the Judiciary, the Committee on 
Homeland Security, and the Committee on Government Reform. 
Within the Committee on Homeland Security, H.R. 418 was held at 
the Full Committee.
    On February 8, 2005, the Committee on Rules met and granted 
a Rule providing for the consideration of H.R. 418. The Rule 
was filed in the House as H. Res. 71 (H. Rpt. 109-3). The House 
agreed to H. Res. 71 by voice vote on February 9, 2005. The 
House began consideration of H.R. 418 on February 9, 2005, but 
did not complete consideration. On February 9, 2005, the 
Committee on Rules met and granted a second Rule providing for 
the continued consideration of H.R. 418. The Rule was filed in 
the House as H. Res. 75 (H. Rpt. 109-3). The House agreed to H. 
Res. 75 by a recorded vote of 228 yeas and 198 nays. The House 
continued consideration of H.R. 418 on February 10, 2005, and 
passed the bill, amended, by a recorded vote of 261 yeas and 
161 nays.
    H.R. 418 was received in the Senate and referred to the 
Senate Committee on the Judiciary on February 14, 2005.
    The Committee on Appropriations reported an original 
measure, H.R. 1268 making emergency supplemental appropriations 
on March 11, 2005. (H. Rpt. 109-16). On March 14, 2005, the 
Committee on Rules met and granted a Rule providing for the 
consideration of H.R. 1268, the Rule was filed in the House as 
H. Res. 151 (H. Rpt. 109-18). The Rule provided for the 
consideration of H.R. 1268, and stated that, upon engrossment 
of H.R. 1268, the Clerk shall add the text of H.R. 418, as 
passed by the House, as a new matter at the end of H.R. 1268, 
and to conform the title of H.R. 1268 to reflect the addition. 
The House agreed to H. Res. 151 by voice vote on March 15, 
2005, and proceeded to the consideration of H.R. 1268. The 
House continued consideration of H.R. 1268 on March 16, 2005, 
and on that date, passed the bill by a recorded vote of 338 
yeas and 43 nays.
    H.R. 1268, as amended with the text of H.R. 418, as passed 
by the House, was received in the Senate on March 16, 2005 and 
referred to the Senate Committee on Appropriations.
    On April 5, 2005, the Chairman of the Committee on Homeland 
Security sent a letter to the Speaker of the House requesting 
the appointment of Members of the Committee on Homeland 
Security to a House-Senate Conference on H.R. 418. The letter 
further indicated that sections 102, 103, 104, and sections 202 
through 207 of the House passed version of H.R. 418 fall within 
the jurisdictional interests of the Committee on Homeland 
Security. On April 6, 2005, the Chairman of the Committee on 
Homeland Security sent a second letter to the Speaker of the 
House requesting the appointment of conferees to a House-Senate 
Conference on H.R. 1268.
    On April 6, 2005, the Senate Committee on Appropriations 
reported H.R. 1268 to the Senate (S. Rpt. 109-52). The Senate, 
on that date, reached a unanimous consent agreement to provide 
for the consideration of H.R. 1268 on April 11, 2005. On April 
11, 12, 13, 14, and 15, 2005, the Senate considered H.R. 1268. 
A cloture motion was presented in the Senate on April 15, 2005. 
The Senate continued consideration of H.R. 1268 on April 18, 
and 19, 2005. On April 19, 2005, cloture was invoked by a vote 
of 100 yeas and 0 nays. The Senate continued consideration of 
H.R. 1268 on April 20 and 21, 2005. On April 21, 2005, the 
Senate passed H.R. 1268, amended, by a recorded vote of 99 yeas 
and 0 nays.
    On April 21, 2005, the Senate insisted upon its amendment; 
requested a Conference with the House thereon; and appointed 
Conferees: Senators Cochran, Stevens, Specter, Domenici, Bond, 
McConnell, Burn, Shelby, Gregg, Bennett, Craig, Hutchinson, 
DeWine, Brownback, Allard, Byrd, Inouye, Leahy, Harkin, 
Mikulski, Reid, Kohl, Murray, Dorgan, Feinstein, Durbin, 
Johnson, and Landrieu.
    On April 26, 2005, the House disagreed to the Senate 
amendments to H.R. 1268 and agreed to a Conference with the 
Senate thereon. The Speaker then appointed Conferees on the 
part of the House: Mr. Lewis of California, Mr. Young of 
Florida, Mr. Regula, Mr. Rogers of Kentucky, Mr. Wolf, Mr. 
Kolbe, Mr. Walsh, Mr. Taylor of North Carolina, Mr. Hobson, Mr. 
Bonilla, Mr. Knollenberg, Mr. Obey, Mr. Murtha, Mr. Dicks, Mr. 
Sabo, Mr. Mollohan, Mr. Visclosky, Ms. Lowey, and Mr. Edwards.
    The Committee of Conference met on April 27, 2005, and 
filed the Conference Report to accompany H.R. 1268 in the House 
on May 3, 2005, as H. Rpt. 109-72.
    On May 4, 2005, the Committee on Rules met and granted a 
Rule providing for the consideration of the Conference Report 
to accompany H.R. 1268. The Rule was filed in the House as H. 
Res. 258 (H. Rpt. 109-73). On May 5, 2005, the House agreed to 
H. Res. 258 by voice vote. The House subsequently considered 
the Conference Report to accompany H.R. 1268 under the 
provisions of H. Res. 258, and agreed to the Conference Report 
by a recorded vote of 368 yeas, 48 nays, and 1 voting 
``present.''
    The Senate agreed to the Conference Report to accompany 
H.R. 1268 by a recorded vote of 100 yeas and 0 nays on May 10, 
2006. On that date, the Senate also considered S. Con. Res. 31, 
correcting the enrollment of H.R. 1268, and agreed to the 
resolution without amendment by unanimous consent. On May 11, 
2005, the House considered S. Con. Res. 31 under the Suspension 
of the Rules and agreed to the resolution by voice vote. 
Pursuant to the provisions of S. Con. Res. 31, the enrollment 
corrections on H.R. 1268 having been made, H.R. 1268 was 
cleared for the President.
    H.R. 1268 was presented to the President on May 11, 2005. 
The President signed H.R. 1268 into Law on May 11, 2005. 
(Public Law 109-13).

  SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A 
                            LEGACY FOR USERS

                        Public Law 109-59 H.R. 3

    To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes.

Summary

    As passed by the House, H.R. 3 included provisions relating 
to requirements under the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism (USA PATRIOT ACT) Act of 2001 (P.L. 107-56) regarding 
hazardous materials Endorsement Credentialing handled by the 
Transportation Security Administration. Members of the 
Committee on Homeland Security were appointed as conferees 
during the House-Senate Conference on H.R. 3 to sections 1834, 
6027, 7324, and 7325 of the Senate amendment.
    Section 1834, ``Comprehensive Coastal Evacuation Plan,'' 
requires the Secretary of Transportation and the Secretary of 
Homeland Security to jointly develop a written comprehensive 
plan for evacuation of the coastal areas of the United States 
to be used during any natural or man-made disaster that affects 
coastal populations. The plan was required to consider all 
modes of transportation and methods of communicating available 
for evacuations.
    Section 6027, ``Investigations of Safety And Security 
Risk,'' amends 49 U.S.C. Sec. 5329 to permit the Secretary of 
Transportation to conduct investigations into safety hazards 
and security risks associated with a condition in applicable 
public transportation equipment, facilities, or operations to 
establish the nature and extent of the condition and how to 
eliminate, mitigate, or correct it.
    Section 7324, ``Limitation on Issuance of Hazmat 
Licenses,'' amends 49 U.S.C. Sec. 5301a, to designate the 
Secretary of Homeland Security, instead of the Secretary of 
Transportation, as the individual responsibility for 
determining whether an applicant poses a security risk 
warranting denial of the a license to operate a motor vehicle 
transporting in commerce a hazardous material.
    Section 7325, ``Background Checks for Drivers Hauling 
Hazardous Materials,'' requires commercial motor vehicle 
operator registered to operate in Mexico or Canada who 
transport a hazardous material in commerce in the United States 
to undergo a background records check similar to the background 
records check required for commercial motor vehicle operators 
licensed in the United States to transport hazardous materials 
in commerce. The provision further directed the Assistant 
Secretary of Homeland Security for Transportation Security to 
develop a process for notifying hazardous materials employer if 
a threat assessment determines that an applicant does not meet 
the applicable standards; to eliminate redundant background 
checks; to provide an appeal process; and to report on the 
implementation of fingerprint-based security threat 
assessments.

Legislative History

    H.R. 3 was introduced in the House by Mr. Don Young of 
Alaska and 74 original co-sponsors on February 9, 2005, and 
referred solely to the Committee on Transportation and 
Infrastructure.
    On March 4, 2005, the Chairman of the Committee on Homeland 
Security sent letters to the Speaker of the House and the 
Chairman of the Committee on Transportation and Infrastructure 
indicating a request for a sequential referral of H.R. 3. The 
letter further indicated that section 7005, relating to 
Chemical or Biological Materials, falls within the jurisdiction 
of the Committee on Homeland Security.
    The Committee on Transportation and Infrastructure reported 
H.R. 3 to the House on March 7, 2005 (H. Rpt. 109-12).
    On March 8, 2005, the Committee on Rules met and granted a 
Rule providing for the consideration of H.R. 3. The Rule was 
filed in the House as H. Res. 140. (H. Rpt. 109-14). On March 
9, 2005, the House agreed to the Rule by voice vote. The House 
began consideration of H.R. 3, but did not complete 
consideration thereon. The Committee on Rules met and granted a 
second Rule providing for the continued consideration of H.R. 
3. The Rule was filed in the House as H. Res. 144 (H. Rpt. 109-
15), the House agreed to the second Rule by voice vote on March 
10, 2005. The House then continued consideration of H.R. 3, and 
passed the bill by a recorded vote of 417 yeas and 9 nays.
    H.R. 3 was received in the Senate on March 20, 2005, and on 
April 6, 2005, was read twice and placed on the Senate 
Calendar. A motion to proceed to the consideration of H.R. 3 
was made in the Senate on April 22, 2005, and a cloture motion 
on the motion to proceed to the consideration was made on that 
same date.
    On April 25, 2005, a unanimous consent request was made in 
the Senate to proceed to the consideration of H.R. 3. The 
Senate considered H.R. 3 on April 25, and 26, 2005. A cloture 
motion was invoked in the Senate on April 26, 2005 by a 
recorded vote of 94 yeas and 6 nays. The Senate continued 
consideration of H.R. 3 on April 27 and 28, and May 9 and 10, 
2005. A cloture motion was presented in the Senate on May 10, 
2005. The Senate continued consideration of H.R. 3 on May 11, 
12, 14, 16, and 17, 2005, whereupon the Senate passed H.R. 3 by 
a recorded vote of 89 yeas and 11 nays.
    The Chairman of the Committee on Homeland Security sent a 
letter to the Speaker of the House on May 18, 2005, requesting 
the appointment of conferees on the House-Senate Conference on 
H.R. 3. The letter further indicated that sections 7324, 7235, 
and 7370 fall within the jurisdiction of the Committee on 
Homeland Security.
    The Chairman of the Committee on Homeland Security sent a 
second letter to the Speaker of the House on May 25, 2005, 
requesting the appointment of Members of the Committee on 
Homeland Security to a House-Senate Conference on H.R. 3 that 
indicated section 324 of the Senate passed version falls within 
the jurisdiction of the Committee. The letter further indicated 
that sections of the Senate passed version relating to the 
Hazmat drivers fall within the jurisdiction of the Committee on 
Homeland Security.
    The Senate insisted upon its amendment to H.R. 3 on May 26, 
2006, and agreed to a Conference with the House. The Senate 
appointed the following conferees on the part of the Senate: 
Senators Inhofe, Warner, Bond, Voinovich, Chafee, Murkowski, 
Thune, DeMint, Isakson, Vitter, Grassley, Hatch, Shelby, 
Allard, Stevens, Lott, Jeffords, Baucus, Lieberman, Boxer, 
Carper, Clinton, Lautenberg, Obama, Conrad, Inouye, 
Rockefeller, Sarbanes, Reed, and Johnson.
    On May 26, 2005, the House disagreed to the Senate 
amendment to H.R. 3, and requested a Conference with the Senate 
thereon. The House appointed Conferees from the Committee on 
Transportation and Infrastructure, the Committee on the Budget, 
the Committee on Education and the Workforce, the Committee on 
Energy and Commerce, the Committee on Government Reform, the 
Committee on Homeland Security, the Committee on the Judiciary, 
the Committee on Resources, the Committee on Rules, the 
Committee on Science, and the Committee on Ways and Means. 
Conferees from the Committee on Homeland Security, included Mr. 
Cox, Mr. Daniel E. Lungren, and Mr. Thompson of Mississippi.
    On June 9, 2005, a House-Senate Conference was held. The 
Committee of Conference filed the Conference Report to 
accompany H.R. 3 in the House on July 28, 2005 as H. Rpt. 109-
203.
    The Committee on Rules met on July 29, 2005, and granted a 
Rule providing for the consideration of the Conference Report 
to accompany H.R. 3, which was filed in the House as H. Res. 
399 (H. Rpt. 109-212). The House considered H. Res. 399, and 
agreed to the Rule without objection, on July 29, 2005, after 
agreeing to H.Con. Res. 226, correcting the enrollment of H.R. 
3. The House agreed to the Conference Report to accompany H.R. 
3 on July 29, 2005, by a recorded vote of 412 yeas and 8 nays .
    On July 29, 2005, the Senate considered and agreed to 
H.Con. Res. 226 by unanimous consent. The Senate then proceeded 
to the immediate consideration of the Conference Report to 
accompany H.R. 3 and agreed to the Conference Report by a 
recorded vote of 91 yeas and 4 nays, clearing the measure for 
the President.
    H.R. 3 was presented to the President on August 10, 2005. 
The President signed H.R. 3 into Law on August 10, 2005. 
(Public Law 109-59).

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006

                 Public Law 109-163 H.R. 1815 (S. 1042)

    To authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such 
fiscal year, and for other purposes.

Summary

    H.R. 1815 authorizes funding for the activities of the 
Department of Defense for Fiscal Year 2006, including pay and 
benefits of military personnel, operation and maintenance of 
weapons and facilities, procurement, and research and 
development.
    Members of the Committee on Homeland Security were 
appointed as Conferrees to three sections of the House passed 
version: section 1032, which pertains to the testing of 
preparedness for emergencies involving nuclear, radiological, 
chemical, biological, and high-yield explosives weapons; 
section 1033, addressing Department of Defense chemical, 
biological, radiological, nuclear, and high-yield explosives 
response team; and section 1035, involving the assignment of 
members of the Armed Forces to assist Bureau of Border Security 
and Bureau of Citizenship and Immigration Services of the 
Department of Homeland Security. Those sections on which 
Members of the Committee were appointed as Conferees were 
removed during the House-Senate Conference on H.R. 1815.

Legislative History

    H.R. 1815 was introduced on April 16, 2005, by Mr. Hunter 
and Mr. Skelton and referred to the Committee on Armed 
Services. On May 20, 2005, the Committee on Armed Services 
reported H.R. 1815 to the House (H. Rpt. 109-89).
    On May 20, 2005, the Chairman of the Committee on Homeland 
Security sent a letter to the Chairman of the Committee on 
Armed Services indicating that, in order to expedite 
consideration of the measure on the House Floor, the Committee 
would not seek a sequential referral of the measure. The letter 
indicated that sections 347, 4032, 1033, and 1034 each contain 
provisions within the jurisdiction of the Committee on Homeland 
Security. The letter further requested the appointment of 
conferees from the Committee on Homeland Security should a 
House-Senate Conference be called. On that same date the 
Chairman of the Committee on Armed Services sent a letter to 
the Chairman of the Committee on Homeland Security agreeing to 
the jurisdictional claims of the Committee on Homeland 
Security.
    The Committee on Rules met on May 25, 2006 and filed a Rule 
providing for the consideration of H.R. 1815 as H. Res. 293 (H. 
Rpt. 109-96). The House considered H. Res. 293 on May 25, 2005, 
and agreed to the Rule by a recorded vote of 225 yeas and 200 
nays.
    On May 25, 2005, the House considered and passed H.R. 1815 
by a recorded vote of 390 yeas and 39 nays. H.R. 1815 was 
received in the Senate on June 6, 2005, read twice, and 
referred to the Senate Committee on Armed Services.
    On May 17, 2005, the Senate Committee on Armed Services 
reported, a Senate companion measure, as S. 1042 (S. Rpt. 109-
69). The Senate considered S. 1042 on July 20, 21, 22, 25, and 
26, November 4, 7, 8, 9, 10, 14, and 15, 2005. On November 15, 
2005, the Senate passed S. 1042 by a recorded vote of 98 yeas 
and 0 nays. The Senate then proceeded to the consideration of 
H.R. 1815, struck all after the enacting clause and inserted in 
lieu thereof the text of S. 1042, as passed by the Senate. The 
Senate then passed H.R. 1815, as so amended, by unanimous 
consent. The Senate then insisted upon its amendment, requested 
a Conference with the House thereon, and appointed the 
following Conferees on the part of the Senate: Senators Warner; 
McCain; Inhofe; Roberts; Sessions; Collins; Ensign; Talent; 
Chambliss; Graham; Dole; Cornyn; Thune; Levin; Kennedy; Byrd; 
Lieberman; Reed; Akaka; Nelson of Florida; Nelson of Nebraska; 
Dayton; Bayh; and Clinton.
    On December 1, 2005, the Chairman of the Committee on 
Homeland Security sent a letter to the Speaker of the House 
requesting the appointment of conferees to the House-Senate 
Conference on H.R. 1815. The letter further indicated that the 
following sections fall within the jurisdiction of the 
Committee on Homeland Security: Sections 356, 529, 1032, 1033, 
1034, and 1035 of H.R. 1815, as passed by the House; and 
Section 907, 1031, and 3113, as passed by the Senate.
    The House disagreed to the Senate amendment, on December 
12, 2005, and agreed to a Conference with the Senate thereon. 
The Speaker appointed Conferees from the Committee on Armed 
Services, the Permanent Select Committee on Intelligence, the 
Committee on Education and the Workforce, the Committee on 
Energy and Commerce, the Committee on Financial Services, the 
Committee on Government Reform, the Committee on Homeland 
Security, the Committee on International Relations, the 
Committee on the Judiciary, the Committee on Resources, the 
Committee on Science, the Committee on Small Business, the 
Committee on Transportation and Infrastructure, the Committee 
on Veterans' Affairs, and the Committee on Ways and Means. 
Members from the Committee on Homeland Security were appointed 
as Conferees for consideration of sections 1032, 1033, and 1035 
of the House bill, and section 907 of the Senate amendment, and 
modifications committed to conference, including Mr. Linder, 
Mr. Daniel E. Lungren, and Mr. Thompson of Mississippi.
    On December 16, 2005, a Conference was held. Conferees 
filed a Conference Report to accompany H.R. 1815 in the House 
on December 18, 2005, as H. Rpt. 109-360. On that same date, 
the House began consideration of the Conference Report to 
accompany H.R. 1815. The House agreed to the Conference Report 
on December 19 (Legislative Day of December 18), 2005 by a 
recorded vote of 374 yeas and 41 nays. The Senate considered 
the Conference Report to accompany H.R. 1815 on December 19 
(Legislative Day of December 18), 2005, and on December 21, 
2005, agreed to the Conference Report by voice vote.
    H.R. 1815 was presented to the President on January 3, 
2006. The President signed H.R. 1815 into law on January 6, 
2006. (Public Law 109-163).

    USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005

                      Public Law 109-177 H.R. 3199

    To extend and modify authorities needed to combat 
terrorism, and for other purposes.

Summary

    H.R. 3199 extends and further modifies the Uniting and 
Strengthening America by Providing Appropriate Tools Required 
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
2001 (P.L. 107-56).
    Section 127 of H.R. 3199 would have repealed Section 1014 
of the USA PATRIOT Act. That provision of the USA PATRIOT Act 
authorized any necessary appropriations for Fiscal Years 2002 
through 2007 for a grant program administered by the Department 
of Justice that would make funds available to State and local 
units of Government in order to train and equip first 
responders in their capacity to respond to terrorist attacks.
    Section 128 proposed authorizing Faster and Smarter Funding 
for First Responders Act, which would codify in the Homeland 
Security Act of 2002 (P.L. 107-296) a grant funding program for 
first responders pursuant to the State Homeland Security Grant 
Program, the Urban Area Security Initiative, and the Law 
Enforcement Terrorism Prevention Program.
    Section 129 would direct the Secretary of Homeland Security 
to establish within the Office for Domestic Preparedness an 
Office of the Comptroller to oversee that office's grants 
distribution process and the financial management.
    During the House-Senate Conference, Sections 127 to 129 
were struck and not included in the final measure submitted to 
the President.

Legislative History

    H.R. 3199 was introduced in the House on July 11, 2005, by 
Mr. Sensenbrenner, and referred to the Committee on the 
Judiciary, and the Permanent Select Committee on Intelligence. 
On July 13, 2005, the Committee on the Judiciary ordered H.R. 
3199 reported to the House. On July 18, 2005, the Committee on 
the Judiciary and the Permanent Select Committee on 
Intelligence reported H.R. 3199 to the House (H. Rpt. 109-174, 
Pt. I and II).
    On July 20, 2005, the Committee on Rules met and filed a 
Rule providing for the consideration of H.R. 3199, H. Res. 369 
(H. Rpt. 109-178). The House considered and agreed to H. Res. 
369 on the following day by a recorded vote of 224 yeas, 196 
nays, and 3 voting ``present.''
    During consideration of H.R. 3199 on July 21, 2005, the 
text of H.R. 1544 was offered as an amendment to section 128 on 
the House Floor. The House passed H.R. 3199 by a recorded vote 
of 257 yeas and 171 nays on July 21, 2005.
    H.R. 3199 was received in the Senate on July 25, 2005. On 
July 29, 2005, the Senate considered H.R. 3199 by unanimous 
consent. During consideration, the Senate struck all after the 
enacting clause and inserted in lieu there of the text of the 
committee reported substitute to S. 1389, and passed H.R. 3199 
as so amended, by unanimous consent. The Senate insisted upon 
its amendment, requested a Conference with the House thereon, 
and appointed conferees: Senators Specter; Hatch; Kyl; DeWine; 
Sessions; Roberts; Leahy; Kennedy; Rockefeller; Levin.
    On October 12, 2005, the Chairman of the Committee on 
Homeland Security sent a letter to the Speaker of the House 
requesting Members of the Committee be appointed as Conferees 
to the House-Senate Conference, for sections 128-131, 
consisting of the text of H.R. 1544 as passed by the House.
    On November 9, 2005, the House disagreed to the Senate 
amendment to H.R. 3199, and agreed to a Conference with the 
Senate thereon. The Chair appointed conferees from Committee on 
the Judiciary, the Permanent Select Committee on Intelligence, 
the Committee on Energy and Commerce, the Committee on 
Financial Services, and the Committee on Homeland Security. The 
following Members of the Committee on Homeland Security were 
appointed a Conferees on sections 127-129 of the House bill, 
and modifications committed to conference: Mr. King of New 
York, Mr. Weldon of Pennsylvania, and Ms. Zoe Lofgren. During 
the House-Senate Conference on H.R. 3199, section 128 was 
removed, see legislative history on H.R. 1544 listed below. 
Conferees filed a Conference Report to accompany H.R. 3199 on 
December 8, 2005, as H. Rpt. 109-333.
    The Committee on Rules met on December 13, 2005, and filed 
a Rule providing for the consideration of the Conference Report 
to accompany H.R. 3199 as H. Res. 569 (H. Rpt. 109-343).
    The House considered H. Res. 596 on December 14, 2005, and 
agreed to the Rule by voice vote.
    On that same day, the House considered and agreed the 
Conference Report to accompany H.R. 3199 by a recorded vote of 
251 yeas and 174 nays. The Senate considered the Conference 
Report to accompany H.R. 3199 on December 14, 15, and 16, 2005. 
A cloture motion was agreed to in the Senate on March 1, 2006 
by a recorded vote of 84 yeas and 15 nays. The Senate continued 
consideration of the Conference Report to accompany H.R. 3199 
on March 2, 2006, and agreed to the measure by a recorded vote 
of 89 yeas and 10 nays, clearing the measure for the President.
    H.R. 3199 was presented to the President on March 8, 2006. 
The President signed H.R. 3199 into law on March 9, 2006 
(Public Law 109-177).

          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

                  Public Law 109-241 H.R. 889 (S.1280)

    To authorize appropriations for the Coast Guard for fiscal 
year 2006, to make technical corrections to various laws 
administered by the Coast Guard, and for other purposes.

Summary

    H.R. 889, the Coast Guard and Maritime Transportation Act 
of 2006, makes technical corrections to various laws 
administered by the United States Coast Guard, and authorizes 
appropriations for Fiscal Year 2006 for the Coast Guard 
relating to: operation and maintenance; acquisition, 
construction, rebuilding, and improvement of aids to 
navigation, shore and offshore facilities, vessels, and 
aircraft; research, development, test, and evaluation; retired 
pay and payments for medical care of retired personnel; 
alteration or removal of bridges over navigable waters 
constituting obstructions to navigation; environmental 
compliance and restoration at Coast Guard facilities; and the 
Coast Guard Reserve program. The Committee on Homeland Security 
received a sequential referral of the bill for consideration of 
funding levels for Coast Guard programs related to port 
security and research and development.

Legislative History

    H.R. 889 was introduced in the House on February 17, 2005, 
by Mr. Young of Alaska, Mr. Oberstar, Mr. LoBiondo, Mr. Filner. 
H.R. 889 was referred to the Committee on Transportation and 
Infrastructure.
    On July 28, 2005, the Committee on Transportation and 
Infrastructure reported H.R. 889 to the House, (H. Rpt. 109-
204, Pt. 1). On that date, H.R. 889 was referred sequentially 
to the Committee on Homeland Security for a period ending not 
later than July 29, 2005. The Committee on Homeland Security 
was discharged from further consideration of H.R. 889 on July 
29, 2005.
    On September 14, 2005, the Committee on Rules met and 
granted a Rule providing for the consideration of H.R. 889, the 
Rule was filed in the House as H. Res. 440 (H. Rpt. 109-222). 
On September 15, 2005, the House considered the H. Res. 440 and 
agreed to the Rule by voice vote. The House considered H.R. 889 
under the provisions of H. Res. 440 on September 15, 2005, and 
passed the bill by a recorded vote of 415 yeas and none voting 
nay.
    H.R. 889 was received in the Senate on September 19, 2005, 
and referred to the Senate Committee on Commerce, Science, and 
Transportation.
    The Chairman of the Committee on Homeland Security sent a 
letter to the Speaker of the House on October 12, 2005, 
requesting appointment of Members of the Committee on Homeland 
Security should a House-Senate Conference on H.R. 889 be 
requested.
    On July 28, 2005, the Senate Committee on Commerce, 
Science, and Transportation reported S. 1280, the Senate 
companion bill, to the Senate (S. Rpt. 109-114). The Senate 
agreed to S. 1280 by unanimous consent on October 27, 2005. On 
that same date, the Senate Committee on Commerce, Science, and 
Transportation was discharged from further consideration of 
H.R. 889, and the bill was then passed, after striking all 
after the enacting clause and inserting in lieu thereof, the 
text of S. 1280, Senate companion measure, amended. 
Subsequently, S. 1280 was returned to the Senate Calendar. The 
Senate then insisted upon its amendment, requested a Conference 
with the House thereon, and appointed the following Conferees 
on the part of the Senate: Senators Stevens, Snowe, Lott, 
Smith, Inouye, Cantwell, and Lautenberg.
    On November 3, 2005, the House disagreed to the Senate 
amendment and agreed to a conference with the Senate thereon. 
The House also agreed to a motion to instruct conferees by 
voice vote. The Speaker appointed Members from the Committee on 
Transportation and Infrastructure, the Committee on Energy and 
Commerce, the Committee on Homeland Security, and the Committee 
on Resources, as conferees on the part of the House. The 
Speaker appointed the following Members as Conferees from the 
Committee on Homeland Security for consideration of sections 
101, 404, 413, and 424 of the House bill, and sections 202, 
207, 215, and 302 of the Senate amendment, and modifications 
committed to conference: Mr. Daniel E. Lungren, Mr. Reichert, 
and Mr. Thompson of Mississippi.
    A House-Senate Conference was held on November 16, 2005. On 
April 6, 2006, the Committee of Conference filed a Conference 
Report to accompany H.R. 889 in the House as H. Rpt. 109-413.
    On June 22, 2006, S. Con. Res. 103, a resolution correcting 
the enrollment of the Conference Report to accompany H.R. 889, 
was considered in the Senate, and agreed to by unanimous 
consent. Subsequently, a unanimous consent request was reached 
in the Senate that, when the Senate receives from the House a 
message that the House agrees to S. Con. Res. 103, and the 
Conference Report to accompany H.R. 889 is received from the 
House, the Conference Report would be considered agreed to and 
the motion to reconsider be laid upon the table. S. Con. Res. 
103 was received in the House and held at the Desk.
    On June 26, 2006, the House agreed to suspend the Rules and 
pass S. Con. Res. 103 by voice vote. The House then agreed 
suspend the Rules and agreed to the Conference Report to 
accompany H.R. 889, by a 2/3 vote of 413 yeas with none voting 
``nay.'' Pursuant to the order of June 22, 2006, the Senate on 
June 27, 2006, agreed to the Conference Report to accompany 
H.R. 889, clearing the measure for the President.
    H.R. 889 was presented to the President on June 30, 2006. 
The President signed H.R. 889 into Law on June 11, 2005. 
(Public Law 109-241).

        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007

  Public Law 109-295 H.R. 5441(H.R. 4284, H.R. 6061, H.R. 6162, H.R. 
                 5438, H.R. 5695, H.R. 5852, H.R. 5943)

    Making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2007, and for 
other purposes.

Summary

    H.R. 5441 provides funding for the activities of the 
Department of Homeland Security for Fiscal Year 2007, including 
Departmental management and operations, emergency response, 
Departmental enforcement activities, and research and 
development. While the Committee on Homeland Security did not 
receive a referral of this legislation, the Committee provided 
guidance to the Appropriations Subcommittee on Homeland 
Security and authored or participated in the development of 
many of the various legislative provisions of the bill.
    As reported in the Senate, H.R. 5441 included provisions of 
H.R. 4284 and H.R. 6062, which require the Inspector General of 
the Department of Homeland Security to review contracts related 
to the Secure Border Initiative. This language is included in 
the Conference Report accompanying H.R. 5441. In addition, H.R. 
5441, as reported in the Senate, also contained provisions of 
H.R. 5438, which transfers the National Disaster Medical System 
from the Department of Homeland Security to the Department of 
Health and Human Services effective January 1, 2007. This 
language was retained in the Conference Report accompanying 
H.R. 5441. As passed by the Senate, H.R. 5441 contained 
provisions similar to those in H.R. 5351, which reforms the 
Federal Emergency Management Agency (FEMA). A compromise was 
reached during the Conference Committee to include FEMA reform 
in Title VI. As reported in the House, H.R. 5441 contained 
provisions providing authority to the Secretary of Homeland 
Security to regulate the security of chemical facilities in the 
United States, but this provision was struck as a result of a 
point of order. The Senate bill included this provision. A 
compromise was reached by the Conference Committee that is 
similar to H.R. 5695, a chemical facilities security bill 
authored by the Committee. H.R. 5441, as agreed to by the 
Conference Committee, contains provisions in Title VI similar 
to H.R. 5852, which enhances emergency communications 
capabilities. In addition, H.R. 5441, as agreed to by the 
Conference Committee, contains provisions in Title VI similar 
to H.R. 5943, which addresses waste, fraud, and abuse in 
Federal disaster assistance programs.

Legislative History

    The Committee on Appropriations reported an original 
measure, H.R. 5441, to the House on May 22, 2006, H. Rpt. 109-
476.
    On May 23, 2006, the Chairman of the Committee on Homeland 
Security sent a letter to the Chairman of the Committee on 
Rules indicating that section 536 as reported by the Committee 
on Appropriations falls within the jurisdiction of the 
Committee on Homeland Security and requested that since it is a 
legislative provision, it not be protected from a point of 
order on the House Floor.
    The Committee on Rules met on May 23 and 24, 2006, to 
consider a Rule providing for the consideration of H.R. 5441, 
and on May 24, 2006, the Rule was filed in the House as H. Res. 
836 (H. Rpt. 109-481). The House considered and agreed to the 
Rule on May 25, 2006, by voice vote.
    On May 25, 26, and June 6, 2006, the House considered H.R. 
5441 under the provisions of H. Res. 836. On June 6, 2006, the 
House passed H.R. 5441 by a recorded vote of 389 yeas and 9 
nays. (Roll Call Vote No. 226.)
    H.R. 5441 was received in the Senate and referred to the 
Senate Committee on Appropriations on June 7, 2006. On June 29, 
2006, the Senate Committee on Appropriations ordered H.R. 5441 
favorably reported to the Senate, amended, and reported the 
measure. (S. Rpt. 109-273.)
    The Senate considered H.R. 5441 on July 10, 12, and 13, 
2006, and on July 13, 2006, passed it by a vote of 100 yeas and 
0 nays. The Senate insisted upon its amendment and appointed 
Conferees: Senators Gregg, Cochran, Stevens, Specter, Domenici, 
Shelby, Craig, Bennett, Allard, Byrd, Inouye, Leahy, Mikulski, 
Kohl, Murray, Reid, and Feinstein. On July 17, 2006, the Senate 
agreed, by unanimous consent, to further modify amendments 
already agreed to in the Senate.
    On September 21, 2006, the House disagreed to the Senate 
amendment to H.R. 5441, and agreed to a Conference with the 
Senate thereon. The House appointed Conferees: Mr. Rogers of 
Kentucky, Mr. Wamp, Mr. Latham, Mrs. Emerson, Mr. Sweeney, Mr. 
Kolbe, Mr. Istook, Mr. Crenshaw, Mr. Carter, Mr. Lewis of 
California, Me. Sabo, Mr. Price of North Carolina, Mr. Serrano, 
Ms. Roybal-Allard, Mr. Bishop of Georgia, Mr. Berry, Mr. 
Edwards, and Mr. Obey.
    Conferees agreed to file a Conference Report to accompany 
H.R. 5441 on September 25, 2006, and filed the report on 
September 28, 2006, as H. Rpt. 109-699.
    On September 28, 2006, the Committee on Rules met and 
granted a Rule providing for the consideration of the 
Conference Report to accompany H.R. 5441, the Rule was filed in 
the House as H. Res. 1054 (H. Rpt. 109-701). The House 
considered H. Res. 1054, and agreed to the Rule by a recorded 
vote of 218 yeas and 188 nays. The House considered the 
Conference Report to accompany H.R. 5441 under the provisions 
of H. Res. 1054, and agreed to the Conference Report by a 
recorded vote of 412 yeas and 6 nays.
    The Senate agreed to the Conference Report to accompany 
H.R. 5441 by voice vote on September 29, 2006, clearing the 
measure for the President.
    The President signed H.R. 5441 into Law on October 4, 2006, 
as Public Law 109-295.

                        SECURE FENCE ACT OF 2006

                      Public Law 109-367 H.R. 6061

    To establish operational control over the international 
land and maritime borders of the United States.

Summary

    H.R. 6061, the ``Secure Fence Act of 2006,'' requires the 
Secretary of Homeland Security to take all actions the 
Secretary determines necessary to achieve and maintain 
operational control over the entire international land and 
maritime borders of the United States within 18 months of 
enactment.
    This includes systematic surveillance of the international 
land and maritime borders and physical infrastructure 
enhancements to prevent unlawful entry by aliens. The bill also 
amends the Section 102(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
U.S.C. 1103 note) to require the construction of at least two 
layers of reinforced fencing, and the installation of 
additional physical barriers, roads, lighting, cameras, and 
sensors along specified sections of the southern border with 
the United Mexican States.

Legislative History

    H.R. 6061 was introduced in the House by Mr. King of New 
York and 21 original cosponsors on September 13, 2006. The 
measure was referred solely to the Committee on Homeland 
Security and retained at the Full Committee.
    The Committee on Rules met, granted a Rule providing for 
the consideration of H.R. 6061 on September 13, 2006, and filed 
the Rule as H. Res. 1002 (H. Rpt. 109-653). The House 
considered the Rule on September 14, 2006, and agreed to the 
resolution by voice vote.
    The House considered H.R. 6061 on September 14, 2006, and 
passed the measure by a recorded vote of 283 ayes and 138 noes 
with 1 voting ``present.'' H.R. 6061 was received in the Senate 
on the same day.
    The Senate considered H.R. 6061 on September 18, 19, 20, 
21, 25, 26, 27, 28, and 29, 2006. On September 29, 2006, the 
Senate passed H.R. 6061 by 80 yeas and 19 nays, without 
amendment, clearing the measure for the President.
    H.R. 6061 was presented to the President on October 23, 
2006. The President signed H.R. 6061 into Law on October 26, 
2006. (Public Law 109-367).

                         SAFE PORT ACT OF 2006

           Public Law 109-347 H.R. 4954 (H.R. 4880, H.R. 58)

    To improve maritime and cargo security through enhanced 
layered defenses, and for other purposes.

Summary

    H.R. 4954, the ``Security and Accountability For Every Port 
Act of 2006'' provides an international, layered, and risk-
based approach to improving maritime security. The law provides 
additional resources, grants, and training programs for port 
personnel. The H.R. 4954 also requires radiation scanning of 
all containers at the top 22 U.S. seaports covering 98 percent 
of containers entering the U.S. and requires the Department of 
Homeland Security (DHS) to develop clear response and recovery 
plans in the event of a terrorist attack in a seaport. 
Additionally, firm deadlines are set for the implementation of 
the Transportation Worker Identification Credential (TWIC) and 
a pilot program is required to ensure that card readers 
installed at port facilities and vessels are reliable and 
effective.
    The measure also seeks to improve maritime security through 
strengthening the supply chain. Additional advanced data on 
cargo entering the U.S. is required prior to loading at foreign 
seaports to allow for more accurate security targeting. Three 
pilot projects are required to evaluate the feasibility of 
conducting 100 percent scanning of containers at foreign 
seaports for nuclear and radiological material. Another 
provision authorizes the Customs-Trade Partnership Against 
Terrorism (C-TPAT) and requires on-site validations of all 
participants, and a pilot program to test the use of third 
party validators. To ensure that Departmental programs and 
policies on cargo and maritime security are coordinated and 
accountable, the legislation establishes an Office of Cargo 
Security Policy and designates a Director of International 
Trade to serve as a senior advisor to the Secretary to ensure 
that policies balance the need to facilitate legitimate 
commerce.
    Public Law 109-347 also establishes the Domestic Nuclear 
Detection Office (DNDO) within the Department, authorizing it 
to develop and maintain a global nuclear detection 
architecture, of which the domestic portion will be implemented 
by the DNDO. In addition, it modernizes the Nation's Emergency 
Alert System (EAS) by permitting commercial mobile service 
providers to transmit geographically-targeted emergency alerts 
and warnings to the American public through cell phones, 
pagers, and other mobile technologies.

Legislative History

    H.R. 4954 was introduced by Mr. Daniel E. Lungren of 
California, Ms. Harman, and 44 original cosponsors on March 14, 
2006. The measure was referred solely to the Committee on 
Homeland Security, and within the Committee it was referred to 
the Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity.
    On March 16, 2006, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 4954. The Subcommittee received testimony from Mr. Jayson 
Ahern, Assistant Commissioner, Office of Field Operations, 
Customs and Border Protection, Department of Homeland Security; 
Captain Brian Salerno, Deputy Director, Inspections and 
Compliance, United States Coast Guard, Department of Homeland 
Security; Mr. Eugene Pentimonti, Senior Vice President, 
Government Relations, Maersk, Inc; and Mr. Noel Cunningham, 
Principal, Maresec Group, LLC.
    On March 30, 2006, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity met to consider 
H.R. 4954, and ordered the measure forwarded with a favorable 
recommendation to the Full Committee for consideration, as 
amended, by voice vote.
    On April 4, 2006, the Committee on Homeland Security held a 
hearing on H.R. 4954. The Committee received testimony from 
Hon. Michael P. Jackson, Deputy Secretary, Department of 
Homeland Security; Ms. Bethann Rooney, Manager of Port 
Security, Port Authority of New York and New Jersey; Mr. 
Christopher L. Koch, President and Chief Executive Officer, 
World Shipping Council; Mr. Jonathan E. Gold, Vice President, 
Global Supply Chain Policy, Retail Industry Leaders 
Association; and Mr. Clark Kent Ervin, private citizen, Former 
Inspector General of the Department of Homeland Security.
    On April 26, 2006, the Committee on Homeland Security met, 
pursuant to notice, in open markup session, with a quorum being 
present, and favorably ordered H.R. 4954 to be reported to the 
House, amended, by voice vote.
    The Chairman of the Committee on Energy and Commerce sent a 
letter, on April 28, 2006, to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on Energy and 
Commerce would waive its right to seek a sequential referral on 
H.R. 4954. The letter further indicated that such waiver would 
not prejudice the jurisdictional interests of the Committee on 
Energy and Commerce. That same day, the Chairman of the 
Committee on Homeland Security sent a letter to the Chairman of 
the Committee on Energy and Commerce agreeing to the 
jurisdictional interests of the Committee on Energy and 
Commerce, and agreeing to an appropriate appointment of 
Conferees.
    The Chairman of the Committee on Science sent a letter on 
April 28, 2006, to the Chairman of the Committee on Homeland 
Security indicating jurisdictional interests in sections 112; 
201; 1803; 1804; 1831; 1832; 1833; 202; 206; Title III; and 
Title IV. The letter further indicated that in order to 
expedite consideration on the House Floor, the Committee on 
Science would waive its right to seek a sequential referral on 
H.R. 4954. On that same day the Chairman of the Committee on 
Homeland Security sent a letter to the Chairman of the 
Committee on Science agreeing to the jurisdictional interests 
of the Committee on Science and agreeing to an appropriate 
appointment of Conferees.
    The Committee on Homeland Security reported H.R. 4954 to 
the House on April 28, 2006, as H.Rpt. 109-447, Pt. I. H.R. 
4954 was, subsequently, sequentially referred to the Committee 
on Transportation and Infrastructure for a period ending not 
later than May 1, 2006. On May 1, 2006, the Committee on 
Transportation and Infrastructure was discharged from further 
consideration of H.R. 4954.
    The Committee on Rules met on May 2, 2006, and filed a Rule 
providing for the consideration of H.R. 4954 as H. Res. 789 (H. 
Rpt. 109-450).
    On May 3, 2006, the Chairman of the Committee on Government 
Reform sent a letter to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on the 
Government Reform would waive its right to seek a sequential 
referral of H.R. 4954. On that same day, the Chairman of the 
Committee on Homeland Security sent a letter to the Chairman of 
the Committee on Government Reform agreeing to the 
jurisdictional interests of the Committee on Government Reform, 
and agreeing to an appropriate appointment of Conferees.
    On May 3, 2006, the Chairman of the Committee on Ways and 
Means sent a letter to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on Ways and 
Means would waive its right to seek a sequential referral of 
H.R. 4954. In addition, the letter indicated an agreement on 
language included within the Managers' amendment. On that same 
day, the Chairman of the Committee on Homeland Security sent a 
letter to the Chairman of the Committee on Ways and Means 
agreeing to the jurisdictional interests of the Committee on 
Ways and Means and agreeing to an appropriate appointment of 
Conferees.
    On May 3, 2006, the Chairman of the Committee on the 
Judiciary sent a letter to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on the 
Judiciary would waive its right to seek a sequential referral 
on H.R. 4954. On that same date, the Chairman of the Committee 
on Homeland Security sent a letter to the Chairman of the 
Committee on the Judiciary agreeing to the jurisdictional 
interests of the Committee on the Judiciary and agreeing to an 
appropriate appointment of Conferees.
    The House considered and agreed to H. Res. 789, the Rule 
providing for consideration of H.R. 4954 by a recorded vote of 
230 yeas and 196 nays on May 3, 2006. The House then proceeded 
to the consideration of H.R. 4954 and passed the bill by a 
recorded vote of 421 yeas to 2 nays.
    H.R. 4954 was received in the Senate on May 8, 2006, and 
read for the first and second times on May 15 and 16, 2006, 
respectively. The Senate considered H.R. 4954 on September 7, 
8, 11, 12, 13, and 14, 2006, and passed the measure on 
September 14, 2006, by a vote of 98 yeas.
    On September 18, 2006, the Senate, by unanimous consent, 
modified Senate Amendment No. 4997, to standardize the risk-
based funding of port security grants, which was previously 
agreed to on September 14, 2006. The Senate, on September 19, 
2006, insisted upon its amendment to H.R. 4954, requested a 
Conference with the House thereon, and appointed Conferees: 
from the Committee on Homeland Security and Governmental 
Affairs; the Committee on Commerce, Science, and 
Transportation; the Committee on Finance; the Committee on 
Banking, Housing, and Urban Affairs, and an additional 
Conferee.
    The House disagreed to the Senate amendment to H.R. 4954 on 
September 28, 2006, and agreed to a Conference with the Senate 
thereon. The Speaker appointed Conferees from the Committee on 
Homeland Security; the Committee on Energy and Commerce; the 
Committee on Science; the Committee on Transportation and 
Infrastructure; and the Committee on Ways and Means. Conferees 
from the Committee on Homeland Security for consideration of 
the House bill and the Senate amendment, and modifications 
committed to Conference were: Mr. King of New York, Mr. Young 
of Alaska, Mr. Daniel E. Lungren of California, Mr. Linder, Mr. 
Simmons, Mr. McCaul of Texas, Mr. Reichert, Mr. Thompson of 
Mississippi, Ms. Loretta Sanchez of California, Mr. Markey, Ms. 
Harman, and Mr. Pascrell.
    The Committee of Conference met on September 28, 2006. On 
September 29, 2006 the Committee of Conference filed a 
Conference Report to accompany H.R. 4954 in the House as H. 
Rpt. 109-711.
    A modified version of H.R. 58, requiring establishment of a 
Border Patrol unit for the Virgin Islands of the United States, 
was included in section 126 of the Conference Report to 
accompany H.R. 4954. Additionally, provisions of H.R. 4880 were 
included in section 102 of the Conference Report accompanying 
H.R. 4954.
    The Committee on Rules met on September 29, 2006, and filed 
a Rule providing for the consideration of the Conference Report 
to accompany H.R. 4954 as H. Res. 1064. The House considered 
and agreed to the Rule on September 29, 2006 by voice vote. The 
House proceeded to the consideration of the Conference Report 
to accompany H.R. 4954 on September 29, 2006. On September 30 
(Legislative Day of September 29), 2006, the House agreed to 
the Conference Report by a recorded vote of 409 yeas and 2 
nays.
    The Senate agreed to the Conference Report to accompany 
H.R. 4954 on September 30, 2006, by unanimous consent, clearing 
the measure for the President.
    The President signed H.R. 4954 into Law on October 13, 
2006, as Public Law 109-347.

  JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007

                 Public Law 109-364 H.R. 5122 (S. 2766)

    To authorize appropriations for fiscal year 2007 for 
military activities of the Department of Defense, to prescribe 
military personnel strengths for fiscal year 2007, and for 
other purposes.

Summary

    H.R. 5122 authorizes funding for the activities of the 
Department of Defense (DOD) for Fiscal Year 2007, including pay 
and benefits of military personnel, operation and maintenance 
of weapons and facilities, procurement, and research and 
development. Members of the Committee on Homeland Security were 
appointed as Conferees to Section 1026, Assignment of Members 
of the Armed Forces to assist Bureau of Customs and Border 
Protection and United States Immigration and Customs 
Enforcement, of the House passed version of H.R. 5122. In 
addition, Members of the Committee on Homeland Security were 
appointed as Conferrees to Section 1044, Temporary National 
Guard support for securing the southern land borders of the 
United States, of the Senate passed version of H.R. 5122. 
Sections 1026 and 1044 were removed during the House-Senate 
Conference on H.R. 5122.

Legislative History

    The Committee on Armed Services reported an original 
measure to the House as H.R. 5122 (H. Rpt. 109-452). The 
Committee on Rules met on May 9, 2006, and filed a Rule 
providing for the consideration of H.R. 5122 as H. Res. 806 (H. 
Rpt. 109-459). The House considered and agreed to the Rule by a 
recorded vote of 351 yeas and 70 nays on May 10, 2006.
    On May 10, 2006, the House considered H.R. 5122 but did not 
complete consideration of the measure. The Committee on Rules 
met on May 10, 2006, and filed a Rule providing for the 
continued consideration of H.R. 5122 as H. Res. 811 (H. Rpt. 
109-461). The House considered and agreed to the Rule by a 
recorded vote of 226 yeas and 195 nays on May 11, 2006. The 
House continued consideration of H.R. 5122 on May 11, 2006, and 
passed the bill by a recorded vote of 396 yeas and 31 nays.
    H.R. 5122 was received in the Senate on May 15, 2006 and 
held at the Desk.
    In the Senate, the Senate Committee on Armed Services 
reported a Senate companion measure, S. 2766, to the Senate on 
May 4, 2006, H. Rpt. 109-254. The Senate considered S. 2766 on 
June 13, 14, 15, 16, 19, 20, 21, and 22, 2006. A cloture motion 
was agreed to in the Senate on June 22, 2006, by a recorded 
vote of 98 yeas and 1 nay. The Senate then passed S. 2766 by a 
recorded vote of 96 yeas and 0 nays. The Senate, on June 22, 
2006, by unanimous consent, proceeded to the consideration of 
H.R. 5122 and struck all after the enacting clause and inserted 
in lieu thereof the text of S. 2766, as previously passed. The 
Senate then passed H.R. 5122, as so amended, by unanimous 
consent. The Senate insisted upon its amendment, requested a 
Conference with the House thereon and appointed as Conferees: 
Senators Warner; McCain; Inhofe; Roberts; Sessions; Collins; 
Ensign; Talent; Chambliss; Graham; Dole; Cornyn; Thune; Levin; 
Kennedy; Byrd; Lieberman; Reed; Akaka; Nelson of Florida; 
Nelson of Nebraska; Dayton; Bayh; and Clinton.
    On July 11, 2006, the Chairman of the Committee on Homeland 
Security sent a letter to the Speaker of the House requesting 
the appointment of Conferees to the House-Senate Conference on 
H.R. 5122. The letter indicated that sections of H.R. 5122, as 
passed by the House, fall within the jurisdictional 
prerogatives of the Committee on Homeland Security, 
specifically section 823, relating to supply schedules to 
facilitate recovery from disasters; section 1026, relating to 
assignment of armed forces to assist in border enforcement; 
section 1403, authorizing the establishment of the ``Homeland 
Defense-Homeland Security Technology Transfer Consortium.'' In 
addition, sections of H.R. 5122, as passed by the Senate, also 
fall within the jurisdictional prerogatives of the Committee on 
Homeland Security, specifically section 1044, authorizing the 
use of National Guard troops to assist in border enforcement 
and section 1066, requiring the Secretaries of Homeland 
Security and Defense to submit a report to Congress on 
encouraging former members of the Armed Forces to serve in the 
Bureau of Customs and Border Protection.
    On September 7, 2006, the House disagreed to the Senate 
amendment to H.R. 5122, and agreed to a Conference with the 
Senate thereon. The Chair appointed Conferees from the 
Committee on Armed Services, the Permanent Select Committee on 
Intelligence, the Committee on Education and the Workforce, the 
Committee on Energy and Commerce, the Committee on Government 
Reform, the Committee on Homeland Security, the Committee on 
International Relations, the Committee on the Judiciary, the 
Committee on Resources, the Committee on Science, the Committee 
on Small Business, the Committee on Transportation and 
Infrastructure, and the Committee on Veterans' Affairs. From 
the Committee on Homeland Security, Mr. King of New York, Mr. 
Reichert, and Mr. Thompson of Mississippi were appointed as 
Conferees for consideration of section 1026 of the House bill, 
and section 1044 of the Senate amendment, and modifications 
committed to Conference.
    On September 12, 2006, the Committee of Conference met. The 
Committee of Conference on September 29, 2006, filed a 
Conference Report to accompany H.R. 5122 in the House as H. 
Rpt. 109-702.
    The Committee on Rules met on September 29, 2006, and filed 
a Rule providing for the consideration of the Conference Report 
to accompany H.R. 5122 as H. Res. 1062 (H. Rpt. 109-703). The 
House considered and agreed to the Rule on September 29, 2006, 
by voice vote.
    The House considered the Conference Report to accompany 
H.R. 5122 on September 29, 2006, and agreed to Report by a 
recorded vote of 398 yeas and 23 nays. The Senate, on September 
30, (Legislative Day of September 29), agreed to Conference 
Report to accompany H.R. 5122 by unanimous consent, clearing 
the measure for the President.
    H.R. 5122 was presented to the President on October 5, 
2006. The President signed H.R. 5122 into Law on October 17, 
2006, as Public Law 109-364.

      FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT OF 2005

                               H.R. 1544

    To provide faster and smarter funding for first responders, 
and for other purposes.

Summary

    H.R. 1544, the ``Faster and Smarter Funding for First 
Responders Act of 2005,'' reforms the manner in which the 
Department of Homeland Security issues Federal grants to 
enhance the ability of States, local governments, regions, 
Indian tribes, and first responders to prevent, prepare for, 
respond to, mitigate against, and recover from threatened or 
actual acts of terrorism. H.R. 1544 does not create a new grant 
program. Rather, it establishes a common set of rules for three 
of the Department's existing terrorism preparedness grant 
programs--the State Homeland Security Grant Program, the Urban 
Area Security Initiative, and the Law Enforcement Terrorism 
Prevention Program.
    At its most fundamental level, H.R. 1544 is designed to 
expedite the delivery of Federal terrorism preparedness 
assistance to first responders where it is needed most and, at 
the same time, end undisciplined homeland security spending. It 
does so by: (1) requiring States, territories, regions, 
localities, Indian tribes, and first responders to decide how 
to spend their terrorism preparedness grant funding before they 
submit their applications; (2) allocating grant awards to 
States, territories, regions, and directly eligible tribes 
based on an assessment of risk and need; (3) ensuring that 
grant recipients use their awards to achieve, maintain, and 
enhance clear and measurable essential capabilities, and 
providing a substantial role for State and local governments 
and first responders in determining such capabilities; (4) 
requiring and providing incentives to States to pass through 
their awarded funds to localities within tight time-frames and 
penalizing States that fail to do so; (5) requiring States to 
prioritize their allocation of Federal anti-terrorism grants to 
address their greatest threats, vulnerabilities, and 
consequences; and (6) holding grant recipients accountable for 
how they spend their Federal terrorism preparedness funds.

Legislative History

    H.R. 1544 was introduced on April 12, 2005, by Mr. Cox, Mr. 
Thompson of Mississippi, and all 34 Members of the Committee on 
Homeland Security. The bill was referred solely to the 
Committee on Homeland Security.
    Prior to introduction, on April 12, 2005, the Subcommittee 
on Emergency Preparedness, Science, and Technology held an 
oversight hearing entitled ``The Need for Grant Reform and the 
Faster and Smarter Funding for First Responders Act of 2005.'' 
The Subcommittee received testimony from Mr. J. Richard Berman, 
Assistant Inspector General for Audits, Office of Inspector 
General, Department of Homeland Security; William O. Jenkins, 
Jr., Ph.D., Director, Homeland Security and Justice Issues, 
Government Accountability Office; Veronique de Rugy, Ph.D., 
Fellow, American Enterprise Institute; Hon. Bryan E. Beatty, 
Secretary, North Carolina Department of Crime Control and 
Public Safety; Mr. Michael Chapman, Director, Missouri Office 
of Homeland Security; and Mr. David L. Miller, Administrator, 
Iowa Homeland Security and Emergency Management Division.
    On April 14, 2005, the Committee on Homeland Security held 
an oversight hearing entitled ``Grant Reform: The Faster and 
Smarter Funding for First Responders Act of 2005.'' The 
Committee received testimony from Hon. Lee H. Hamilton, Vice 
Chair, National Commission on Terrorist Attacks Upon the United 
States; Ms. Mary Fetchet, Founding Director, Voices of 
September 11; Inspector Louis P. Cannon, testifying on behalf 
of the National Fraternal Order of Police; Chief Gregg Lord, 
Director, National Association of Emergency Medial Technicians, 
Division Chief--EMS, Cherokee County Fire-Emergency Services; 
and Mr. Kevin B. O'Connor, Associate to the General President, 
International Association of Fire Fighters.
    On April 19, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology considered H.R. 1544, and 
ordered the measure favorably reported to the Full Committee 
for consideration, amended, by voice vote.
    The Chairman of the Committee on the Judiciary sent a 
letter to the Speaker of the House on April 19, 2005, 
requesting a sequential referral of H.R. 1544 to the Committee 
on the Judiciary.
    On April 21, 2005, the Full Committee considered H.R. 1544 
and ordered the bill be reported to the House, favorably, 
amended, by voice vote.
    The Chairman of the Committee on Transportation and 
Infrastructure sent a letter to the Chairman of the Committee 
on Homeland Security on April 25, 2005, agreeing to not seek a 
sequential referral of H.R. 1544. That same day, the Chairman 
of the Committee on Science sent a letter to the Chairman of 
the Committee on Homeland Security indicating that although 
section 1807 of the bill as reported falls within the 
jurisdiction of the Committee on Science, the Committee would 
waive its right to consider the bill in order to expedite 
consideration on the House Floor.
    On April 28, 2005, the Committee on Homeland Security 
reported H.R. 1544 to the House as H. Rpt. 109-65.
    The Chairman of the Committee on Homeland Security sent 
letters to the Chairman of the Committee on Energy and Commerce 
and the Chairman of the Committee on Science on April 29, 2005, 
agreeing to support the appointment of Conferees from the 
Committee should a House-Senate Conference arise.
    On May 10, 2005, the Committee on Rules met and granted a 
Rule providing for the consideration of H.R. 1544, the Rule was 
filed in the House as H. Res. 269 (H. Rpt. 109-77). The House 
considered H. Res. 269 on May 12, 2005, and agreed to the Rule 
by voice vote. The House then considered H.R. 1544 on May 12, 
2005, and passed the bill, amended, by a recorded vote of 409 
yeas and 10 nays.
    H.R. 1544 was received in the Senate, read twice, and 
referred to the Senate Committee on Homeland Security and 
Governmental Affairs on May 12, 2005.
    On July 21, 2005, the text of H.R. 1544 was offered as an 
amendment on the House Floor during consideration of H.R. 3199 
and included as section 128 of the House-passed bill. During 
the House-Senate Conference on H.R. 3199, section 128 was 
removed. See discussion of H.R. 3199 listed above.

 DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2006

                               H.R. 1817

    To authorize appropriations for fiscal year 2006 for the 
Department of Homeland Security, and for other purposes.

Summary

    H.R. 1817, the Department of Homeland Security 
Authorization Act for Fiscal Year (FY) 2006, is the first bill 
to pass the House reauthorizing the activities of the 
Department of Homeland Security since the Department was 
established. This bill provides Congressional policy guidance 
to DHS as it carries out its homeland security activities. The 
bill contains the key provisions described below.
    Title I authorizes the overall appropriations for the 
Department of Homeland Security for FY 2006, consistent with 
the President's proposed FY 2006 budget for the Department and 
the House-passed budget resolution (approximately $34.1 
billion). This Title includes specific sums for the United 
States Customs and Border Protection (CBP), Departmental 
management and operations, critical infrastructure grants, 
research and development, border and transportation security, 
and amounts for other immigration programs.
    Title II, Terrorism Prevention, Information Sharing, and 
Risk Assessment, contains provisions: mandating the 
establishment of a single process that will meet the security 
requirements for conducting all Department screening and 
background checks for voluntary and mandatory credentialing or 
registered traveler programs (Section 201); requiring the 
creation and routine dissemination of analytical reports and 
products that provide specific information to private sector 
officials responsible for protecting their institutions from 
terrorist attacks (Section 212); directing the Secretary to 
ensure that the Office of Information Analysis acquires 
sufficient expertise to create, on an ongoing basis, products 
regarding terrorism involving the use of nuclear weapons and 
biological agents (Section 213); directing the Secretary to 
establish an alternative analysis process and assign an 
individual to ensure that the Department conducts alternative 
or ``red-team'' analysis of homeland security information that 
relates to terrorism involving the use of nuclear weapons and 
biological agents (Section 214); allocating the mission 
elements in section 201(d) of the Homeland Security Act of 2002 
(P.L. 107-296) between the Office of Information Analysis and 
the Office of Infrastructure Protection (Section 215); making 
the Secretary responsible for disseminating homeland security-
related information to State and local government officials and 
the private sector, and limiting other Federal Officials from 
issuing homeland security-related information or alert without 
the Secretary's approval, except when it is essential that the 
information is communicated immediately or when such 
information is for the purpose of assisting State or local 
officials in any aspect of the administration of criminal 
justice (Section 216); establishing a fellowship program for 
the purpose of bringing State, local, tribal, and private 
sector officials to participate in the work of the Homeland 
Security Operations Center (Section 217); ensuring the 
Assistant Secretary for Information Analysis (ASIA) receives 
all information obtained by the Department relating to a threat 
of terrorism involving the potential use of nuclear weapons, 
and that such information is analyzed and disseminated in a 
timely manner to State, local, tribal, and private sector 
officials who have appropriate security clearances (Section 
218); ensuring that the ASIA is given prompt access to all 
terrorism-related information collected by or in the possession 
of the Department (Section 219); authorizing the Homeland 
Security Information Network and making the Secretary 
responsible for developing and administering the network 
(Section 220); allowing the Secretary to pay a bonus to recruit 
an individual for a position with the Information Analysis and 
Infrastructure Protection Directorate (IAIP), and permitting 
the hiring of individuals receiving an annuity from the Civil 
Service Retirement and Disability Fund for positions within the 
IAIP without requiring those individuals to forfeit his or her 
annuity (Section 221); making the Secretary of Homeland 
Security 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 (Section 222); requiring the Under 
Secretary for IAIP to administer the Homeland Security Advisory 
System and provide advisories and alerts regarding threats to 
homeland security, including national, regional, local, and 
economic sector advisories and alerts (Section 223); ensuring 
that the ASIA produces and disseminates reports and analytical 
products based on open-source information that does not require 
national security classification, and that such unclassified 
reports are produced and disseminated contemporaneously with 
classified reports containing the same or similar information 
(Section 224); and directing the Under Secretary for IAIP to 
ensure that the ASIA and the Assistant Secretary of 
Infrastructure Protection make full and efficient use of open-
source information (Section 206).
    Title III, Domestic Preparedness and Protection, contains 
provisions assigning the Office for Domestic Preparedness (ODP) 
with primary responsibility for designing, developing, 
performing, and evaluating terrorism preparedness exercises, 
including a National Terrorism Exercise Program to enhance 
coordination for terrorism preparedness across a broad cross-
section of governmental entities, first responders, the private 
sector, and foreign entities (Section 301); directing the 
Secretary to complete the creation of the Technology 
Clearinghouse within the Science and Technology (S&T) 
Directorate and establish a homeland security technology and 
equipment transfer program to facilitate the identification, 
modification, and commercialization of technology and equipment 
for use by Federal, State, and local government agencies, first 
responders, and the private sector, to prevent, prepare for, 
and respond to acts of terrorism (Section 302); requiring the 
Secretary to conduct a study of all Department procurements to 
identify those that involve any technology that may be used to 
prevent, identify, detect, or deter acts of terrorism, and 
determine whether the 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 (P.L. 107-
296) (Section 303); establishing a university-based Center of 
Excellence for Border Security to address the most significant 
threats, vulnerabilities, and consequences posed by the 
Nation's borders and border control systems (Section 304); 
authorizing the Secretary to expand the Container Security 
Initiative (CSI) to additional ports and assist in the 
purchasing and deployment of non-intrusive inspection equipment 
at new CSI ports (Section 305); requiring the Secretary to 
establish standards and procedures for securing maritime cargo 
containers including entering into agreements with foreign 
countries and international organizations to establish 
standards for the security of maritime cargo containers moving 
within the intermodal transportation system (Section 306); 
requiring the Secretary to issue a security plan for the 
resumption of general aviation at Ronald Reagan Washington 
National Airport (Section 307); encouraging the Department to 
implement as soon as possible a comprehensive national approach 
to achieving public safety interoperable communications 
(Section 308); requiring the Secretary of Homeland Security to 
report on how the Department will implement the applicable 
Government Accountability Office recommendations regarding the 
protection of agriculture from terrorist attack (Section 309); 
establishing passenger seating requirements for commercial 
flights arriving and departing from Ronald Reagan Washington 
National Airport (Section 310); adjusting the training and 
qualifications of Federal Flight Deck Officers (Section 310A); 
establishing a National Cybersecurity Office, headed by an 
Assistant Secretary for Cybersecurity with primary authority 
within the Department for all cybersecurity-related critical 
infrastructure programs, including policy formation and program 
management (Section 312); authorizing a grant program for 
cybersecurity training and equipment (Section 313); supporting 
cybersecurity research and development to improve the ability 
of the United States to prevent, protect against, detect, 
respond to, and recover from cyber attacks (Section 314); 
requiring the Secretary, in coordination with the Secretary of 
Transportation, to issue a report containing best practices for 
the security of public transportation systems (Section 321); 
requiring the Secretary of Transportation, after consulting 
with the Secretary of Homeland Security, to develop a national 
plan to increase awareness of measures the general public, 
public transportation passengers, and public transportation 
employees can take to increase public transportation system 
security related to threats of terrorism (Section 322); 
directing the Secretary to complete prioritization of the 
Nation's critical infrastructure according to enumerated 
criteria (Section 331); providing for the review of plans for 
securing critical infrastructure (Section 332); and protecting 
from disclosure certain critical infrastructure information 
generated, compiled, or disseminated by the Department (Section 
334).
    Title IV, Customs and Border Protection and Immigration and 
Customs Enforcement, contains provisions requiring the 
Commissioner of Customs and Border Protection (CBP) and the 
Assistant Secretary for Immigration and Customs Enforcement 
(ICE) to establish and implement cost accounting systems for 
their respective entities (Section 401); directing the 
Commissioner of CBP to submit reports to Congress on the ``One 
Face at the Border'' Initiative, a program to unify customs, 
immigration, and agricultural inspection functions by cross-
training CBP personnel (Section 402); providing 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 (Section 403); encouraging CBP to 
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 
(Section 404); and directing the Secretary to create at least 
four enrollment centers not located at the border for the Free 
and Secure Trade (FAST), Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI), and NEXUS programs 
(Section 405).
    Title V contains miscellaneous provisions requiring the 
Secretary to evaluate the organizational structure of the 
Department and report on the current division of immigration 
functions (Section 501); directing the Comptroller General to 
submit reports assessing the effectiveness of Departmental 
organizational structure and recommending improvements, and 
efforts by the Assistant Secretary for Cybersecurity to fulfill 
the statutory responsibilities of that office (Section 502); 
directing the Secretary to develop a plan to improve 
operational efficiency of security screening checkpoints at 
commercial airports and ensure that there are no significant 
disparities in immigration and customs processing times among 
airports serving as international gateways (Section 503); 
specifying that required appeal hearings for persons found 
ineligible for transportation security cards are to be 
conducted before an administrative law judge and that, with 
regard to the terrorism security risk ground of ineligibility, 
felony convictions occurring more than seven years prior to the 
Secretary's determination of ineligibility that were not 
related to terrorism will not be considered (Section 504); 
transferring 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) (Section 505); 
requiring the Secretary to establish procedures to recorded 
information on the use of immigration consultants by aliens 
(Section 506); changing the name of the Office for State and 
Local Government Coordination to the Office of State, Local, 
and Tribal Government Coordination (Section 507); directing the 
Secretary to study and report on the feasibility and 
desirability of modifying the area of jurisdiction of the 
Office of National Capital Region Coordination (Section 508); 
authorizing the participation of a Department of Energy 
laboratory in university-based centers for homeland security 
(Section 510); requiring a report on Department of Homeland 
Security efforts to curtail production and increase public 
awareness of imitation homeland security identification 
(Section 511); requiring a plan for systematic surveillance of 
the Northern border by remotely piloted aircraft (Section 512); 
requiring 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 (Section 513); 
requiring the Comptroller General to study and report to 
Congress on the consequences of increasing the registration fee 
for temporary protected status under the Immigration and 
Nationality Act (INA), and the Department's proposal to expand 
the use of premium fees for employment-based petitions and 
applications under the INA (P.L. 82-414) (Sections 514, 515); 
requiring that more than 50 percent of the components in any 
end product procured by the Department contains components 
mined, produced, or manufactured inside the United States 
(Section 516); requiring the development of criteria and 
guidelines for determining if a death is disaster-related and 
therefore eligible for disaster assistance (Section 517); 
authorizing appropriations for the Office of Counternarcotics 
Enforcement (Section 518); prohibiting funds authorized under 
this Act from being derived from increases in civil aviation 
security service fees (Section 519); affirming the existing 
general authority of law enforcement personnel of a State or a 
political subdivision of a State to apprehend, detain, or 
remove aliens in the United States for the purposes of 
assisting in the enforcement of the immigration laws of the 
United States in the course of carrying out routine duties 
(Section 520); and establishing training for state and local 
law enforcement personnel of any State or political subdivision 
to apprehend, detain, or remove aliens in the United States for 
purposes of assisting with immigration enforcement (Section 
521).

Legislative History

    H.R. 1817 was introduced in the House on April 26, 2005 by 
Mr. Cox and referred solely to the Committee on Homeland 
Security, and held at the Full Committee.
    On April 27, 2005, the Full Committee considered H.R. 1817 
and ordered the bill favorably reported to the House, amended, 
by voice vote.
    The Chairman of the Committee on Agriculture sent a letter 
to the Chairman of the Committee on Homeland Security on May 2, 
2005, indicating that although the Committee has a 
jurisdictional interest in provisions of H.R. 1817, the 
Committee on Agriculture, the Committee would not seek a 
sequential referral in order to expedite consideration of the 
measure on the House Floor. On May 16, 2005 the Chairman of the 
Committee on Homeland Security sent a letter to the Chairman of 
the Committee on Agriculture acknowledging the Committee's 
jurisdictional interests in H.R. 1817.
    The Chairman of the Committee on Armed Services sent a 
letter to the Chairman of the Committee on Homeland Security on 
May 2, 2005 indicating that although the Committee has a 
jurisdictional interest in provisions of H.R. 1817, the 
Committee on Armed Services would not seek a sequential 
referral in order to expedite consideration of the measure on 
the House floor. On the same day, the Chairman of the Committee 
on Homeland Security sent a letter to the Chairman of the 
Committee on Armed Services acknowledging the Committee's 
jurisdictional interests in H.R. 1817.
    The Chairman of the Committee on Ways and Means sent a 
letter to the Chairman of the Committee on Homeland Security on 
May 13, 2005 agreeing to forgo action on H.R. 1817 in order to 
expedite consideration of the measure on the House floor. On 
the same day, the Chairman of the Committee on Homeland 
Security sent a letter to the Chairman of the Committee on Ways 
and Means acknowledging the Committee's jurisdictional 
interests in H.R. 1817.
    The Chairman of the Permanent Select Committee on 
Intelligence sent a letter to the Chairman of the Committee on 
Homeland Security on May 16, 2005 indicating that although 
certain provisions of H.R. 1817 fall within the jurisdiction of 
the Permanent Select Committee on Intelligence, the Committee 
would not seek a sequential referral in order to expedite 
consideration of the measure on the House floor. On the same 
day, the Chairman of the Committee on Homeland Security sent a 
letter to the Chairman of the Permanent Select Committee on 
Intelligence acknowledging the Committee's jurisdictional 
interests in H.R. 1817.
    The Chairman of the Committee on Government Reform sent a 
letter to the Chairman of the Committee on Homeland Security on 
May 18, 2005 indicating that, although certain provisions of 
H.R. 1817 fall within the jurisdiction of the Committee on 
Government Reform, the Committee would not seek a sequential 
referral in order to expedite consideration of the measure on 
the House floor. On the same day, the Chairman of the Committee 
on Homeland Security sent a letter to the Chairman of the 
Committee on Government Reform acknowledging the Committee's 
jurisdictional interests in H.R. 1817.
    The Chairman of the Committee on Homeland Security sent a 
letter to the Chairman of the Committee on Rules on May 16, 
2005 requesting that the Committee on Rules craft a structured 
Rule providing for an hour of general debate and an appropriate 
number of amendments.
    On May 2, 2005, the Committee on Homeland Security reported 
H.R. 1817 to the House as H. Rpt. 109-71, Pt. 1. H.R. 1817 was 
subsequently, and sequentially, referred to the Committee on 
Energy and Commerce, the Committee on Government Reform, the 
Committee on the Judiciary, the Committee on Science, the 
Committee on Transportation and Infrastructure, the Committee 
on Ways and Means, and the Permanent Select Committee on 
Intelligence, for a period, in each case, ending not later than 
May 13, 2005.
    On May 13, 2005, the Committee on Energy and Commerce and 
the Committee on the Judiciary reported H.R. 1817 to the House 
as H. Rpt. 109-71, Pt. 2 and Pt. 3, respectively. On that same 
day the Committee on Government Reform, the Committee on 
Science, the Committee on Transportation and Infrastructure, 
the Committee on Ways and Means, and the Permanent Select 
Committee on Intelligence, were discharged from further 
consideration of H.R. 1817.
    The Committee on Rules met on May 17, 2005, and granted a 
Rule providing for the consideration of H.R. 1817. The Rule was 
filed in the House as H. Res. 283 (H. Rpt. 109-84). The House 
considered H. Res. 283 on May 18, 2005, and agreed to the Rule 
by a recorded vote of 284 yeas and 124 nays. The House 
considered H.R. 1817 under the provisions of H. Res. 283 on May 
18, 2005, and passed the bill by a recorded vote of 424 yeas 
and 4 nays.
    H.R. 1817 was received in the Senate on May 19, 2005, read 
twice, and referred to the Senate Committee on Homeland 
Security and Governmental Affairs.

 BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT 
                                OF 2005

 H.R. 4437 (H.R. 4312, S. 2611, H.R. 4238, H.R. 4253, H.R. 4283, H.R. 
                    4284, H.R. 4285, and H.R. 5589)

Summary

    H.R. 4437 is a comprehensive package of border security 
legislation developed jointly by the Committee on Homeland 
Security and the Committee on the Judiciary. Provisions within 
the Committee on Homeland Security's jurisdiction require and 
provide the resources necessary to gain operational control 
over the border; expand cooperation and information sharing 
between Federal, State, and local agencies; require mandatory 
detention of illegal aliens; enhance organizational structures 
within the Department of Homeland Security to better address 
border security; and mandate additional physical infrastructure 
along the border. Additional provisions included by the 
Committee on the Judiciary address penalties for illegal 
activity along the border and require a mandatory employer 
verification system.

Legislative History

H.R. 4312, Border Security and Terrorism Prevention Act of 2005

    H.R. 4312 was introduced in the House on November 14, 2005, 
by Mr. King of New York, Mr. Daniel E. Lungren of California, 
and Ms. Loretta Sanchez of California. H.R. 4312 was referred 
to the Committee on Homeland Security, the Committee on the 
Judiciary, and the Committee on Armed Services.
    As introduced, H.R. 4312 incorporated provisions from H.R. 
4238, H.R. 4253, H.R. 4283, H.R. 4284, H.R. 4285, and H.R. 
5589. These provisions were ultimately included in H.R. 4437 in 
sections 401, 403, 110, 109, 108, and 503 respectively.
    The Committee on Homeland Security met, on November 16 and 
17, 2005, to consider H.R. 4312, and ordered H.R. 4312 
favorably reported to the House, amended, by voice vote.
    On December 6, 2005, the Committee on Homeland Security 
reported H.R. 4312 to the House as H. Rpt. 109-329, Pt. 1. 
Subsequently, the Committee on the Judiciary, and the Committee 
on Armed Services were discharged from further consideration of 
H.R. 4312.

H.R. 4437, Border Protection, Antiterrorism, and Illegal Immigration 
        Control Act of 2005

    On December 6, 2005, the Committee on Homeland Security and 
the Committee on the Judiciary reached a compromise on 
legislative language relating to border security. A new 
measure, consisting of this compromise, was introduced in the 
House as H.R. 4437 on December 6, 2005, by Mr. Sensenbrenner, 
Mr. King of New York, Mr. Smith of Texas, Ms. Foxx, Mr. Daniel 
E. Lungren of California, Mr. Issa, and Mr. Gary G. Miller of 
California. H.R. 4437 was referred to the Committee on the 
Judiciary and the Committee on Homeland Security.
    On December 8, 2005, the Committee on the Judiciary met and 
ordered H.R. 4437 reported to the House, amended, by a recorded 
vote of 23 yeas and 15 nays.
    The Committee on the Judiciary reported H.R. 4437 to the 
House on December 13, 2005, as H. Rpt. 109-345, Pt. 1. The 
Committee on Homeland Security was subsequently discharged from 
further consideration of H.R. 4437. On that same date, H.R. 
4437 was jointly and sequentially referred to the Committee on 
Education and the Workforce, and the Committee on Ways and 
Means for a period in both cases ending not later than December 
14, 2005. Subsequently, both the Committee on Education and the 
Workforce and the Committee on Ways and Means were discharged 
from further consideration of H.R. 4437.
    On December 15, 2005, the Committee on Rules met and 
granted a Rule providing for the consideration of H.R. 4437, 
the Rule was filed in the House as H. Res. 610. The House 
agreed to the Rule on December 15, 2005, by a recorded vote of 
220 yeas and 206 nays.
    The House considered H.R. 4437 on December 15, 2005, under 
the provisions of H. Res. 610. On December 16, 2005, the 
Committee on Rules met and granted a second Rule providing for 
the continued consideration of H.R. 4437, the Rule was filed in 
the House as H. Res. 621. The House agreed to H. Res. 621 on 
December 16, 2005. The House continued consideration of H.R. 
4437 under the provisions of H. Res. 621, and passed the bill 
by a recorded vote of 239 yeas and 182 nays.
    H.R. 4437 was received in the Senate on December 17, 2005, 
and on January 27, 2006, read twice and referred to the Senate 
Committee on the Judiciary.
    On April 27, 2006, S. 2611, the Senate companion measure, 
was introduced in the Senate by Mr. Specter, Mr. Hagel, Mr. 
Martinez, Mr. McCain, Mr. Kennedy, Mr. Graham, and Mr. 
Brownback. S. 2611 was read a first time and placed on the 
Senate Legislative Calendar. On April 24, 2006, S. 2611 was 
read a second time.
    The Senate considered S. 2611 by unanimous consent on May 
15, 16, 17, 18, 19, and 22, 2006. On May 22, 2006, a cloture 
motion on the bill was presented in the Senate. The Senate 
continued consideration of S. 2611 on May 23 and 24, 2006. A 
cloture motion on the bill was invoked in Senate on May 24, 
2006, by a recorded vote of 73 yeas and 25 nays. The Senate 
continued consideration of S. 2611 on May 25, 2006, and on that 
date, passed the measure by a recorded vote of 62 yeas and 36 
nays.

PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL COOPERATION 
                                  ACT

                               H.R. 4942

    To establish a capability and office to promote cooperation 
between entities of the United States and its allies in the 
global war on terrorism for the purpose of engaging in 
cooperative endeavors focused on the research, development, and 
commercialization of high-priority technologies intended to 
detect, prevent, respond to, recover from, and mitigate against 
acts of terrorism and other high consequence events and to 
address the homeland security needs of Federal, State, and 
local governments.

Summary

    H.R. 4942, the ``Promoting Antiterrorism Capabilities 
Through International Cooperation Act,'' is intended to 
stimulate, promote, and support cooperation between the United 
States and its allies in the Global War on Terrorism on 
research, development, testing, and evaluation of high-priority 
technologies intended to detect, prevent, respond to, recover 
from, and mitigate against acts of terrorism. Specifically, 
H.R. 4942 directs the Under Secretary for Science and 
Technology of the Department of Homeland Security to establish 
a Science and Technology Homeland Security International 
Cooperative Programs Office to facilitate international 
cooperative activities, such as international homeland security 
technology workshops and conferences and joint ventures between 
public and private sector entities within the United States and 
those of our allies with technological expertise in combating 
terrorism. At its most fundamental level, H.R. 4942 is designed 
to expedite the deployment of safe and effective homeland 
security technologies to first responders and others in need.

Legislative History

    H.R. 4942 was introduced on March 14, 2006, by Mr. King of 
New York, Mr. Thompson of Mississippi, Mr. Reichert, and Mr. 
Pascrell, and referred solely to the Committee on Homeland 
Security. Within the Committee the bill was referred to the 
Subcommittee on Emergency Preparedness, Science, and 
Technology.
    On March 15, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology considered H.R. 4942 and 
ordered the measure favorably forwarded to the Full Committee 
for consideration, without amendment, by voice vote. The Full 
Committee considered H.R. 4942 on June 14, 2006, and ordered 
H.R. 4942 reported to the House, amended, by voice vote.
    The Chairman of the Committee on Science sent a letter to 
the Chairman of the Committee on Homeland Security on September 
21, 2006, agreeing that, in order to expedite consideration of 
H.R. 4942 on the House floor, the Committee on Science would 
not seek a sequential referral of the measure.
    The Chairman of the Committee on Homeland Security 
acknowledges this agreement with the Chairman of the Committee 
on Science on September 22, 2006.
    The Committee on Homeland Security reported H.R. 4942 to 
the House on September 25, 2005 (H. Rpt. 109-674).
    The House agreed to suspend the Rules and pass H.R. 4942 on 
September 26, 2006, by voice vote. H.R. 4942 was received in 
the Senate on September 27, 2006, and on November 13, 2006, was 
referred to the Senate Committee on Homeland Security and 
Governmental Affairs.

                         SHADOW WOLVES TRANSFER

                               H.R. 5589

    To direct the Secretary of Homeland Security to transfer to 
United States Immigration and Customs Enforcement all functions 
of the Customs Patrol Officers unit operating on the Tohono 
O'odham Indian reservation.

Summary

    The ``Shadow Wolves'' are a specialized unit of Customs 
Patrol Officers (CPO) created by Congress in 1972 to patrol the 
international land border within the Tohono O'odham Nation, a 
sovereign Indian Nation, located in the State of Arizona. After 
the creation of the Department of Homeland Security, the Shadow 
Wolves unit was transferred to the United States Customs and 
Border Protection and placed under the administrative control 
of the Tucson Sector of the Border Patrol. This reorganization 
has produced uncertainty and a lack of clear direction for the 
unit, negatively impacting operations and retention of 
personnel. H.R. 5589 transfers the Shadow Wolves to Immigration 
and Customs Enforcement (ICE), as the unit's work most closely 
resembles that of ICE Special Agents who investigate and 
attempt to close down large drug smuggling operations. In 
addition, this bill sets the pay scale of the Shadow Wolves at 
the same rate as ICE Special Agents and specifies that the 
Chief Customs Patrol Officer will have a rank that is 
equivalent to a resident agent-in-charge of the Office of 
Investigations with ICE.

Legislative History

    H.R. 5589 was introduced in the House on June 12, 2006, by 
Mr. Souder, Mr. Shadegg, and Mr. King of Iowa, and referred 
solely to the Committee on Homeland Security. Within the 
Committee, H.R. 5589 was referred to the Subcommittee on 
Economic Security, Infrastructure Protection, and 
Cybersecurity.
    On July 10, 2006, the House agreed to suspend the Rules and 
passed H.R. 5589 by voice vote.
    H.R. 5589 was received in the Senate on July 11, 2006, read 
twice, and referred to the Senate Committee on Homeland 
Security and Governmental Affairs.
    The provisions of H.R. 5589 were included in H.R. 4312 and 
H.R. 4437, as introduced. See discussion of H.R. 4437 listed 
above.

           21ST CENTURY EMERGENCY COMMUNICATIONS ACT OF 2006

                    H.R. 5852 (H.R. 5441, H.R. 5351)

    To amend the Homeland Security Act of 2002 to enhance 
emergency communications at the Department of Homeland 
Security, and for other purposes.

Summary

    H.R. 5852, the ``21st Century Emergency Communications Act 
of 2006,'' enhances operable and interoperable emergency 
communications nationwide by ensuring that first responders, 
emergency managers, the military, and others to communicate 
more effectively with each other during acts of terrorism, 
natural disasters, and other emergencies. Specifically, H.R. 
5852 consolidates the Department of Homeland Security's 
emergency communications activities and programs within a new 
Office of Emergency Communications and creates a new Assistant 
Secretary to oversee it; mandates the completion of a National 
Emergency Communications Report that recommends goals and time 
frames for the achievement of redundant, sustainable, and 
interoperable emergency communications systems; requires a 
baseline assessment of current emergency communications 
capabilities and periodic assessments on the Nation's progress 
in filling in existing gaps; accelerates the development of 
national standards for emergency communications equipment; 
requires State and local governments to establish effective 
Statewide Interoperable Communications Plans before being able 
to use Federal homeland security grant funds administered by 
the Department for emergency communications; and facilitates 
and enhances coordination on emergency communications by 
establishing regional working groups comprised of Federal, 
State, and local officials, first responders, the private 
sector, and other relevant stakeholders.

Legislative History

    H.R. 5852 which was introduced on July 20, 2006, by Mr. 
Reichert, Mr. Pascrell, Mr. King of New York, Mr. Thompson of 
Mississippi, Mr. McCaul of Texas, Mrs. Lowey, Mr. Weldon of 
Pennsylvania, Mr. Etheridge, Mr. Simmons, Mrs. Christensen, and 
Mr. DeFazio, and referred to the Committee on Homeland Security 
and the Committee on Energy and Commerce. Within the Committee 
on Homeland Security, H.R. 5852 was held at the Full Committee.
    The Chairman of the Committee on Science sent a letter to 
the Chairman of the Committee on Homeland Security on July 24, 
2006, indicating that although the bill as introduced falls 
within the jurisdiction of the Committee on Science, the 
Committee would not seek a sequential referral of the bill in 
order to expedite consideration on the House floor. The 
Chairman of the Committee on Homeland Security sent a letter to 
the Chairman of the Committee on Science on July 24, 2006, 
acknowledging the jurisdictional interests of the Committee on 
Science.
    On July 25, 2006, the House agreed to suspend the Rules and 
passed H.R. 5852 by a recorded vote of 414 yeas and 2 nays. 
H.R. 5589 was received in the Senate on July 26, 2006, read 
twice, and referred to the Senate Committee on Homeland 
Security and Governmental Affairs.
    As introduced, H.R. 5441 included the text of H.R. 5852. 
See discussion of H.R. 5441 listed above.

               MORE BORDER PATROL AGENTS NOW ACT OF 2006

                               H.R. 6160

    To recruit and retain Border Patrol agents.

Summary

    H.R. 6160, the ``More Border Patrol Agents Now Act,'' 
directs the Secretary of Homeland Security to submit to 
Congress a plan on recruiting and retaining skilled Border 
Patrol agents. Among other things, H.R. 6160 authorizes the 
Department of Homeland Security to offer recruitment and 
retention salary bonuses.

Legislative History

    H.R. 6160 was introduced in the House on September 25, 
2006, by Mr. Rogers of Alabama, Mr. Issa, Mr. McCotter, Ms. 
Harris, and Mr. Gary G. Miller of California, and referred to 
the Committee on Homeland Security and the Committee on 
Government Reform. Within the Committee on Homeland Security, 
H.R. 6160 was referred to the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity.
    On September 26, 2006, the House agreed to suspend the 
Rules and passed H.R. 6160 by voice vote.
    H.R. 6160 was received in the Senate and held at the Desk 
on September 27, 2006.

          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2007

                     H.R. 5020 (S. 3237, H.R. 5178)

    To authorize appropriations for fiscal year 2007 for 
intelligence and intelligence-related activities of the United 
States Government, the Community Management Account, and the 
Central Intelligence Agency Retirement and Disability System, 
and for other purposes.

Summary

    As passed by the House, H.R. 5020 authorizes appropriations 
for Fiscal Year 2007 for intelligence and intelligence-related 
activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency 
Retirement and Disability System. The Committee was engaged in 
sections 601 and 602, which direct the Secretary of Homeland 
Security to conduct a study to identify best practices for the 
communication of information concerning a terrorist threat.

Legislative History

    H.R. 5020 was introduced by Mr. Hoekstra on March 28, 2006, 
and referred to the Permanent Select Committee on Intelligence. 
The Permanent Select Committee on Intelligence reported H.R. 
5020 to the House on April 6, 2006 (H. Rpt. 109-411).
    The Committee on Rules met on April 25, 2006 and filed a 
Rule providing for the consideration H.R. 5020 as H. Res. 774 
(H. Rpt. 109-438). The House considered and agreed to the Rule 
by a recorded vote of 228 yeas and 194 nays on April 26, 2006.
    The House considered H.R. 5020 on April 26, 2006, and 
passed the bill by a recorded vote of 327 yeas and 96 nays.
    H.R. 5020 was received in the Senate on April 27, 2006, 
read twice, and held at the Desk.

     SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY ACT OF 2006

                               H.R. 6162

    To require financial accountability with respect to certain 
contract actions related to the Secure Border Initiative of the 
Department of Homeland Security.

Summary

    The Secure Border Initiative (SBI) is the successor program 
to the Integrated Surveillance Intelligence System (ISIS) and 
the Remote Video Surveillance (RVS) program. SBI is a 
comprehensive, multi-year program composed of a mix of 
personnel, infrastructure, and technology to gain operational 
control of the Nation's borders. To ensure the financial 
integrity of the new border security contract, H.R. 6162 
directs the Inspector General of the Department of Homeland 
Security to: (1) determine whether each contract action related 
to SBI with a value greater than $20 million complies with cost 
requirements, performance objectives, program milestones, 
inclusion of small, minority, and women-owned business, and 
time lines; (2) submit findings to the Secretary of Homeland 
Security, including regarding cost overruns, delays in contract 
execution, lack of rigorous contract management, insufficient 
financial oversight, bundling that limits the ability of small 
business to compete, or other high risk business practices; and 
(3) refer information regarding improper conduct or wrongdoing 
to the appropriate Departmental official for purposes of 
evaluating whether to suspend or debar a contractor. This bill 
also requires the Secretary to report to Congress any findings 
or processes in place to address any problems within SBI as 
identified by the Inspector General.

Legislative History

    H.R. 6162 was introduced on September 25, 2006, by Mr. 
Rogers of Alabama, Mr. Thompson of Mississippi, and Mr. 
McCotter, and referred solely to the Committee on Homeland 
Security. Within the Committee on Homeland Security, H.R. 6162 
was referred to the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity.
    On September 28, 2006, the House agreed to suspend the 
Rules and pass H.R. 6162 by voice vote. H.R. 6162 was received 
in the Senate and held at the Desk on that same date.
    As introduced, H.R. 5441 included the text of H.R. 6162. 
See discussion of H.R. 5441 listed above.

RESOLUTION RELATING TO THE TERRORIST ATTACKS AGAINST THE UNITED STATES 
                         ON SEPTEMBER 11, 2001

                              H. Res. 427

Summary

    H. Res. 427 is a resolution extending the deepest 
sympathies of the House of Representatives to the thousands of 
innocent victims of the September 11, 2001, terrorist attacks, 
their families, friends, and loved ones.

Legislative History

    H. Res. 427 was introduced in the House on September 7, 
2005, by Mr. Hyde, Mr. Lantos, and Mr. Doolittle. H. Res. 427 
was referred to the Committee on International Relations, and 
in addition to the Committee on Armed Services, the Committee 
on Transportation and Infrastructure, the Committee on the 
Judiciary, and the Committee on Homeland Security.
    On September 8, 2005, the House considered H. Res. 427 
under suspension of the Rules and agreed to the resolution by a 
recorded vote of 402 yeas and 6 nays.

   RESOLUTION ON THE FIFTH ANNIVERSARY OF SEPTEMBER 11, 2001 ATTACKS

                              H. Res. 994

    Expressing the sense of the House of Representatives on the 
fifth anniversary of the terrorist attacks launched against the 
United States on September 11, 2001.

Summary

    H. Res. 994 expresses the sense of the House of 
Representatives on the anniversary of the terrorist attacks of 
September 11, 2001, remembering and mourning the victims of 
those attacks; extending sympathies to family members and loved 
ones of the victims; honoring the heroism of those who risked 
their lives and health coming to the aid of others on that day; 
expressing gratitude to those now serving in the global war on 
terrorism and to foreign Nations who are assisting the United 
States in fighting the war on terrorism; vowing to remain 
vigilant in the fight against terrorism; and reaffirming the 
commitment of the American people to remember the tragedy of 
September 11, 2001, and to continue to fight the global War on 
Terrorism.

Legislative History

    H. Res. 994 was introduced on September 12, 2006, by Mr. 
King of New York and four original cosponsors. The measure was 
referred to the Committee on Government Reform, and in addition 
to the Committee on International Relations, the Committee on 
Armed Services, the Committee on Transportation and 
Infrastructure, the Committee on Homeland Security, the 
Committee on the Judiciary, and the Permanent Select Committee 
on Intelligence.
    The Committee on Rules met on September 12, 2006, and filed 
a Rule providing for the consideration of H. Res. 994 as H. 
Res. 996 (H. Rpt. 109-646). The House agreed to the Rule by 
voice vote on September 13, 2006. The House then considered 
H.Res. 994 under the provisions of the Rule on September 13, 
2006, and agreed to the resolution by a recorded vote of 395 
yeas and 22 nays with 1 voting ``present.''

                  RESOLUTION ON THE U.S. BORDER PATROL

                              H. Res. 1030

    Expressing the sense of the House of Representatives that 
the United States Border Patrol is performing an invaluable 
service to the United States, and that the House of 
Representatives fully supports the more than 12,000 Border 
Patrol agents.

Summary

    This resolution expresses the sense of the House of 
Representatives that the men and women of the Border Patrol 
should be supported for their dedication to the United States 
and to their mission to secure our borders.

Legislative History

    H. Res. 1030 was introduced by Mr. Jones of North Carolina 
on September 21, 2006, and referred solely to the Committee on 
Homeland Security.
    On September 26, 2006, the House agreed to suspend the 
Rules and agreed to the resolution by voice vote.

          BORDER SECURITY AND TERRORISM PREVENTION ACT OF 2005

                               H.R. 4312

    To establish operational control over the international 
land and maritime borders of the United States, and for other 
purposes.

Summary

    H.R. 4312 requires and provides for the resources necessary 
to gain operational control over the border, expand cooperation 
and information sharing between Federal, State, and local 
agencies, require mandatory detention of illegal aliens, 
enhance organizational structures within the Department to 
better address border security, and mandate additional physical 
infrastructure along the border.

Legislative History

    H.R. 4312 was introduced in the House on November 14, 2005, 
by Mr. King of New York, Mr. Daniel E. Lungren of California, 
and Ms. Loretta Sanchez of California, and referred to the 
Committee on Homeland Security, and in addition to the 
Committee on the Judiciary and the Committee on Armed Services.
    The Committee on Homeland Security met to consider H.R. 
4312 on November 16 and 17, 2005. On November 17, 2005, the 
Committee on Homeland Security ordered H.R. 4312 reported to 
the House, amended, by voice vote.
    The Committee on Homeland Security reported H.R. 4312 to 
the House on December 6, 2005, as H. Rpt. 109-329, Pt. 1. The 
Committee on the Judiciary and the Committee on Armed Services 
were subsequently discharged from further consideration of H.R. 
4312.
    The text of H.R. 4312, as reported to the House by the 
Committee on Homeland Security, was included within the text of 
H.R. 4437, as introduced. See discussion of H.R. 4437 listed 
above.

              CHEMICAL FACILITY ANTI-TERRORISM ACT OF 2006

                               H.R. 5695

    To amend the Homeland Security Act of 2002 to provide for 
the regulation of certain chemical facilities, and for other 
purposes.

Summary

    H.R. 5695 gives the Department of Homeland Security the 
authority to regulate security at chemical facilities. The bill 
further requires the Secretary to assess the risk of each of 
the 15,000 chemical facilities and place them into tiers. The 
bill requires that the Secretary implement regulations to 
require vulnerability assessments and security plans. The 
Secretary is directed to require security measures commensurate 
with the level of risk at each facility. The bill also requires 
that the regulations be performance-based, setting overall 
standards for security at each facility, but allowing 
individual facilities flexibility in how to meet those 
performance requirements. Additionally, H.R. 5695 establishes a 
submission and approval process for the assessments and plans, 
provides civil and criminal penalties for non-compliance, and 
provides protection of information developed under this bill.

Legislative History

    Prior to the introduction of H.R. 5695, on June 15, 2005, 
the Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity held a hearing entitled 
``Preventing Terrorist Attacks on America's Chemical Plants.'' 
The Subcommittee received testimony from Mr. Robert Stephan, 
Assistant Secretary for Infrastructure Protection, Department 
of Homeland Security; Mr. Frank J. Cilluffo, Director, Homeland 
Security Policy Institute, The George Washington University; 
Mr. Stephen Bandy, Manager, Corporate Safety and Security, 
Marathon Ashland Petroleum, LLC, testifying on behalf of the 
National Petrochemical and Refiners Association and the 
American Petroleum Institute; Mr. Marty Durbin, Managing 
Director of Security and Operations, American Chemistry 
Council; Mr. Allen Summers, President and Chief Executive 
Office, Asmark, Inc., testifying on behalf of The Fertilizer 
Institute; and Mr. Sal DePasquale, Security Specialist, CH2M 
Hill and the University of Georgia.
    H.R. 5695 was introduced on June 28, 2006, by Mr. Daniel E. 
Lungren of California, Mr. Thompson of Mississippi, and nine 
original cosponsors, and referred to the Committee on Homeland 
Security, and the Committee on Energy and Commerce. Within the 
Committee on Homeland Security, H.R. 5695 was referred to the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity.
    On June 29, 2006, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 5695. The Subcommittee received testimony from Hon. 
Michael A.L. Balboni, Senator, New York State Senate; Mr. P.J. 
Crowley, Senior Fellow and Director of National Defense and 
Homeland Security, Center for American Progress; Mr. Scott 
Berger, Director of the Center for Chemical Process Safety, 
American Institute of Chemical Engineers; and Mr. Marty Durbin, 
Director of Federal Affairs, American Chemistry Council.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity considered H.R. 5695, on July 11, 
2006, and ordered the bill forwarded to the Full Committee 
favorably for consideration, amended, by voice vote.
    The Committee on Homeland Security considered H.R. 5695 on 
July 27 and 28, 2006, and ordered the measure reported to the 
House, amended, by voice vote. The Committee on Homeland 
Security reported to the House on September 29, 2006 as H. Rpt. 
109-707, Pt. I.
    The referral of the bill to the Committee on Energy and 
Commerce was extended for a period ending not later than 
November 17, 2006. Referral of the bill to the Committee on 
Energy and Commerce was extended on November 17, 2006 for a 
period ending not later than December 8, 2006.

    HOMELAND SECURITY SCIENCE AND TECHNOLOGY ENHANCEMENT ACT OF 2006

                         H.R. 4941 (H.R. 3270)

    To reform the science and technology programs and 
activities of the Department of Homeland Security, and for 
other purposes.

Summary

    H.R. 4941, the ``Homeland Security Science and Technology 
Enhancement Act of 2006,'' is intended to enhance the ability 
of the Department of Homeland Security's Directorate of Science 
and Technology to develop and disseminate technologies that 
will help our Nation's emergency response providers and other 
``end-users'' prevent, prepare for, respond to, recover from, 
and mitigate against acts of terrorism and other emergencies. 
Among other things, this bill directs the Secretary of Homeland 
Security, acting through the Under Secretary for Science and 
Technology, to: develop a strategic plan for the Department's 
science and technology activities; support the development, 
promulgation, and updating of national voluntary consensus 
standards for equipment and training for emergency response 
providers and components of the Department; establish a 
technology development and transfer program to facilitate the 
identification, modification, and commercialization of 
promising homeland security technologies and equipment; 
establish a regional technology integration program to 
facilitate the transition of innovative technologies and 
operational concepts to urban and other high risk areas; 
support research and development, including fundamental, long-
term research, in cybersecurity; and report to Congress on how 
the Department will consider privacy and civil rights and civil 
liberties issues in conducting its activities. H.R. 4941 
provides the Department with additional legislative guidance to 
support its mission of ensuring that our Nation possesses the 
technology necessary to handle catastrophic incidents, 
especially those involving chemical, biological, radiological, 
nuclear, and explosive weapons.

Legislative History

    H.R. 4941 was introduced on March 14, 2006, by Mr. Reichert 
and Mr. Pascrell and referred solely to the Committee on 
Homeland Security. Within the Committee on Homeland Security, 
H.R. 4941 was referred to the Subcommittee on Emergency 
Preparedness, Science, and Technology.
    The Subcommittee on Emergency Preparedness, Science, and 
Technology considered H.R. 4941 on March 15, 2006, and 
forwarded the measure to the Full Committee, with a favorable 
recommendation, amended, by voice vote.
    The Committee on Homeland Security met to consider H.R. 
4941 on June 14, 2006, and ordered the measure reported to the 
House, amended, by voice vote.
    Provisions of H.R. 3270 relating to rail security research 
and development were included in H.R. 4941 during the Full 
Committee consideration of that measure in section 14.
    The Committee on Homeland Security reported H.R. 4941 to 
the House on December 8, 2006, as H. Rpt. 109-729, Pt. I.

 DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2007

         H.R. 5814 (H.R. 1544, H.R. 6162, H.R. 4958, H.R. 4285)

    To authorize appropriations for the Department of Homeland 
Security, and for other purposes.

Summary

    H.R. 5814, the Department of Homeland Security 
Authorization Act for Fiscal Year (FY) 2007, is the second 
annual bill to be favorably reported to the House by the 
Committee on Homeland Security reauthorizing the activities of 
the Department of Homeland Security. This bill provides 
Congressional policy guidance to the Department as it carries 
out its homeland security activities. The bill contains the key 
provisions described below.
    Title I authorizes the overall appropriations for the 
Department of Homeland Security for FY 2007 in the amount of 
$34,698,270,000. This amount is consistent with H.R. 5441, the 
House-passed Department of Homeland Security Appropriations Act 
for Fiscal Year 2007.
    Title II, Improving Management, Integration, and Oversight, 
contains provisions: eliminating the position of Under 
Secretary for Management (Section 201); granting each chief 
operating officer the authority to direct the budget, 
activities, planning, operations, and training of their 
counterparts within the component agencies of the Department 
(Section 202); specifying that the Officer for Civil Rights and 
Civil Liberties shall serve as the Secretary's coordinator for 
emergency planning and response for individuals with 
disabilities (Section 203); directing the Government 
Accountability Office to conduct a study of the accessibility 
of emergency shelters for individuals with disabilities 
(Section 204); directing the Secretary of Homeland Security, 
acting through the Assistant Secretary for Training and 
Exercises, to establish a graduate-level Homeland Security 
Education Program in the National Capital Region (Section 205); 
authorizing the establishment of a Directorate for Policy, 
Planning, and International Affairs within the Department of 
Homeland Security (Section 221); transferring the Noble 
Training Center to the Center for Domestic Preparedness (CDP) 
and authorizing the Director of the CDP to obtain the transfer 
of the Army In-Processing Center and the Noncommissioned 
Officer Housing Dormitories (Section 222); requiring the 
Government Accountability Office (GAO) to conduct a review of 
the training provided to border security personnel who 
interdict, interview, and process asylum seekers at ports of 
entry, including airports (Section 223); directing the 
Secretary to inform both the House Committee on Homeland 
Security and the Senate Committee on Homeland Security and 
Governmental Affairs of current Departmental activities 
(Section 231); directing the Chief Financial Officer to 
establish an Authorization Liaison Officer within the 
Department (Section 232); requiring a line item in the budget 
for the Office of Counternarcotics Enforcement (Section 233); 
and requiring the Inspector General to submit a report to the 
Secretary of Homeland Security containing findings of any cost 
overruns, significant delays in contract execution, lack of 
rigorous departmental contract management, insufficient 
departmental financial oversight, bundling that limits the 
ability of small business to compete, or other high risk 
business practices within the procurement of Department 
contracts, after which the Secretary would then, not later than 
30 days after the receipt of each required report, submit to 
the appropriate congressional committees (as defined in section 
102(g)) a report on the findings of the report by the Inspector 
General and the steps the Secretary has taken, or plans to 
take, to address the problems identified in the report (Section 
234).
    Title III, Procurement Reform, contains provisions: 
requiring the Chief Procurement Officer to provide procurement 
training to acquisition employees and establish a Council on 
Procurement Training to advise the Chief Procurement Officer 
regarding policy and curriculum recommendations (Section 301); 
requiring contract bidders to submit information regarding the 
contractor's past and current performance on Federal, State, 
local, and tribal governments, and private sector contracts 
(Section 302); requiring the Secretary of Homeland Security to 
take steps to streamline and improve implementation of the 
Support Anti-terrorism by Fostering Effective Technologies Act 
of 2002 (SAFETY Act)(Title VIII, Subtitle G of Public Law 107-
296) including ensuring coordination of Department activities, 
issuing a Departmental directive to implement the SAFETY Act 
regulations, providing SAFETY Act training for all acquisition 
employees, and reviewing ongoing and anticipated procurement to 
determine which may involve technologies that would be 
appropriate candidates for SAFETY Act protections; requiring 
the Government Accountability Office to examine the contracting 
procedures of the Department of Homeland Security, and submit a 
report to Congress not later than six months after the date of 
enactment of the Act (Section 304); requiring the Secretary of 
Homeland Security to require any offeror for any Department of 
Homeland Security contract to submit as part of the offeror's 
bid an attestation that affirmatively discloses any substantial 
role the offeror or the offeror's company or employees may have 
played in creating a solicitation, request for proposal, 
statement of work, or statement of objectives for the 
Department, after which the Secretary would be required for any 
offeror who submits an attestation disclosing that the offeror 
played a substantial role in creating a solicitation, request 
for proposal, statement of work, or statement of objectives for 
the Department, to submit a description of the safeguards used 
to ensure that precautions were in place to prevent the offeror 
from receiving information through such a role that could be 
used to provide the offeror an undue advantage in submitting an 
offer for a contract (Section 305); requiring enhanced 
certification requirements for offerors for Department of 
Homeland Security contracts (Section 306); requiring the 
Secretary to utilize small businesses when entering into 
contracts following terrorist attacks or other natural 
disasters (Section 307); and authorizing a total of 
$108,685,000 for the Office of Inspector General for Fiscal 
Year 2007 for increased oversight efforts (Section 309).
    Title IV, Personnel Authorities, contains provisions: 
encouraging the Department to reduce the overall costs of 
hiring, training, and deploying new Border Patrol agents 
(Section 401); expanding current authority held by the Federal 
Law Enforcement Training Center (FLETC) to hire Federal 
retirees for training purposes (Section 402); directing the 
Secretary to coordinate the Department's canine training 
programs, including the research and development of new 
training methods, the optimum number and type of training aids, 
and measurements for efficiency and effectiveness (Section 
403); providing Customs and Border Protection with temporary 
authority to rehire up to 500 annuitants to provide necessary 
surge capacity until the Border Patrol has a sufficient number 
of trained Border Patrol agents to maintain operational control 
of the Nation's borders (Section 404); directing the Secretary 
to establish a plan to increase the recruitment and retention 
of Border Patrol agents (Section 405); encouraging the 
Secretary, in coordination with the Director of the Office of 
Personnel Management, to review the previous work and training 
of these individuals in their former capacities with respect to 
the recognition of their prior law enforcement duties (Section 
406); requiring the Secretary to conduct a Department-wide 
examination of the security clearance and suitability review 
procedures for Department employees and contractors, as well as 
individuals in State and local government agencies and private 
sector entities with a need to receive classified information 
(Section 411); and establishing a Chief Security Officer of the 
Department who shall have responsibility for personnel 
security, security awareness, and security training (Section 
412).
    Title V, Intelligence and Information Sharing, contains 
provisions: establishing an Office of Intelligence and Analysis 
and Under Secretary for Intelligence and Analysis (I&A), and 
amending Homeland Security Act to elevate the Assistant 
Secretary for Information Analysis to Under Secretary for 
Intelligence and Analysis (I&A) to reflect current Departmental 
structure (Section 501); assigning responsibility for 
Intelligence Components to coordinate and support I&A, and 
establishing training for Intelligence Components (Section 
502); ensuring that the Homeland Security Advisory System 
includes information on appropriate protective measures and 
countermeasures and is limited, when appropriate, to specific 
regions localities or sectors, and is not simply a color-coded 
alert system (Section 503); directing the Department to 
establish a Department-wide Information Sharing Environment 
consistent with the direction and authority of the Director of 
National Intelligence's Information Sharing Program Manager by 
designating ``Information Sharing and Knowledge Management 
Officers'' at each Intelligence Component to coordinate 
information sharing efforts, establishing Department-wide 
procedures and training for the review and analysis of homeland 
security information and mechanisms to provide feedback to 
State, Local, Tribal and private sector entities, and 
establishing a comprehensive information technology 
architecture for the Office of Intelligence and Analysis. 
(Section 504); directing the Secretary to establish an 
initiative to coordinate the Department's intelligence efforts 
with State, local, Tribal and regional Fusion Centers that will 
assist those Fusion Centers in carrying out their homeland 
security duties and facilitate information sharing efforts 
between Fusion Centers and the Department (Section 505); 
directing the Under Secretary for I&A to establish a fellowship 
program for State, local and Tribal officials to rotate into 
I&A in order to facilitate State, local and Tribal 
understanding of the Department's intelligence and information 
sharing process, assist the Department's I&A's understanding of 
the information needs of State, local and Tribal partners, and 
assist in dissemination of homeland security information to 
State, local and Tribal partners (Section 506); and directing 
the Under Secretary to make full and efficient use of Open 
Source Information (OSI) and use OSI to perform an analysis of 
critical infrastructure information available in the public 
domain, analyze the information from the perspective of 
terrorists that may have access to that information, and share 
that information with appropriate officials (Section 507).
    Title VI, Prevention of Nuclear and Biological Terrorism, 
contains provisions: establishing an Office of Domestic Nuclear 
Detection to protect against the unauthorized importation, 
possession, storage, transportation, development, or use of a 
nuclear explosive device, fissile material, or radiological 
material against the United States, and authorizing 
$536,000,000 for that purpose for Fiscal Year 2007; authorizing 
the position of Chief Medical Officer to have the primary 
responsibility within the Department for medical issues related 
to acts of terrorism, natural disasters, and other emergencies 
(Section 602); authorizing the National Biosurveillance 
Integration System (NBIS) to enhance the capability of the 
Federal Government to rapidly identify, characterize, and 
localize a biological event by integrating and analyzing data 
from human health, animal, plant, food, and environmental 
monitoring systems (both National and international) into a 
single comprehensive system (Section 603); modifying the 
Department's material threat assessment responsibilities under 
Section 319F 2(c)(2)(A) of the Public Health Service Act (42 
U.S.C. 247d 6b(c)(2)(A)), to provide for the use of existing 
risk assessments to expedite the development of material threat 
assessments, and conducting such assessments for groups of 
agents to facilitate the development of broad countermeasures 
that may address more than one agent (Section 604); requiring 
the Secretary of Homeland Security, in consultation with the 
Secretary of Defense and the Secretary for Health and Human 
Services, to conduct a study to determine the staffing and 
training requirements for pending capital programs to construct 
biodefense laboratories (including agriculture and animal 
laboratories) at Biosafety Level 3 and Biosafety Level 4, or to 
expand current biodefense laboratories to such biosafety levels 
(Section 605); and extending the termination date of the 
Science and Technology Advisory Committee to 10 years after the 
date it was established (Section 606).
    Title VII, Infrastructure Protection and Cybersecurity, 
contains provisions: amending the Homeland Security Act of 2002 
to establish the Office of Infrastructure Protection and the 
Office of Cybersecurity and Telecommunications (Section 701); 
and authorizing the award of grants to institutions of higher 
education to establish programs for cybersecurity professional 
development and advanced degrees, and to provide equipment for 
such training programs (Section 702).
    Title VIII, Grants Administration, contains provisions: 
defining eligible and prohibited uses for and the risk-based 
allocation of first responder grant programs administered by 
the Department to prevent, prepare for, respond to, mitigate 
against, or recover from terrorist attacks (Section 801); 
authorizing $2.9 billion for such grants for Fiscal Year 2007 
(Section 802); and authorizing $60 million for the Metropolitan 
Medical Response System to develop, maintain, and enhance 
medical preparedness systems that are capable of responding 
effectively during the initial hours of a public health crisis 
or mass-casualty event caused by an act of terrorism, natural 
disaster, or other emergency (Section 803).
    Title IX, Transportation Security, contains provisions: 
providing requirements for rail and mass transit agencies 
security (Section 901); requiring rules promulgating those 
requirements to be issued immediately (Section 902); 
establishing a rail and mass transit security training program 
(Section 903); requiring interagency cooperation between the 
Department and the Department of Transportation (Section 904); 
establishing a rail and public transportation security grant 
program (Section 905); creating a rail and public 
transportation security exercise program at the Department 
(Section 906); authorizing appropriations for this Title, 
including $400 million in transit security grants (Section 
907); reauthorizing aviation security funding (Section 911); 
expanding research and development of transportation security 
technology (Section 912); providing enforcement authority in 
non-aviation transportation sectors for the Transportation 
Security Administration (Section 913); relieving liability for 
security screening inspections (Section 914); providing for 
temporary private screener assistance in times of heightened 
alert (Section 915); requiring certain training to operate 
certain aircraft (Section 916); requiring the Department to 
provide an annual report on unclaimed money recovered at 
checkpoints (Section 917); expanding passenger identification 
documents (Section 921); establishing a program for 
international passenger prescreening (Section 922); encouraging 
international cooperative efforts (Section 923); providing 
further details for the computer assisted passenger 
prescreening system (Section 924); mandating certain 
requirements for Federal flight deck officers (Section 925); 
providing for enhanced perimeter security and access control 
through screening of airport workers (Section 926); 
establishing a minimum list of prohibited items which may not 
be carried on aircraft (Section 927); establishing requirements 
for secure areas of airports (Section 928); providing certain 
deadlines for security requirements for foreign repair stations 
(Section 929); repealing certain redundant reporting 
requirements (Section 931); consolidating remaining annual 
reports (Section 932); and amending aircraft charter customer 
and lessee prescreening requirements (Section 933).
    Title X, Miscellaneous Provisions, contains provisions: 
providing the Department of Homeland Security with copyright 
protections over its seal, name, initials, and the titles of 
its officers (Section 1001); requiring the Secretary of 
Homeland Security to include United States military surplus 
vehicles that have demonstrated utility for responding to acts 
of terrorism, emergencies, and other disasters on the 
Standardized Equipment List in order to allow States and 
localities to purchase, modify, upgrade, and maintain such 
vehicles using homeland security assistance administered by the 
Department (Section 1002); authorizing the Secretary to use and 
make available to State and local agencies computerized 
training aids, such as the Advanced Conflict and Tactical 
Simulation, which is a Government-owned computer modeling 
program, in order to improve the abilities of municipalities to 
prepare for and respond to a chemical, biological, or other 
terrorist attack (Section 1003); requiring the Secretary to 
submit to Congress the final report on the nationwide emergency 
notification system study that was prescribed in section 7403 
of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458) (Section 1004); requiring a report on the 
feasibility of devising an exercise program to test and 
evaluate the capabilities of Federal, State, local, and tribal 
governments to detect and prevent fraud, waste, and abuse in 
Federal assistance programs administered in response to acts of 
terrorism, natural disasters, and other emergencies (Section 
1005); and limiting the amount of compensation for detailees 
(Section 1006).

Legislative History

    Prior to introduction, on February 15, 2006, the Committee 
on Homeland Security held a hearing entitled ``The President's 
Fiscal Year 2007 Budget for the Department of Homeland 
Security: Maintaining Vigilance and Improving Mission 
Performance in Securing the Homeland.'' The Committee received 
testimony from Hon. Michael Chertoff, Secretary, Department of 
Homeland Security.
    H.R. 5814 was introduced in the House on July 17, 2006, by 
Mr. King of New York, Mr. Thompson of Mississippi, Mr. Rogers 
of Alabama, and Mr. Meek of Florida and referred solely to the 
Committee on Homeland Security.
    The Committee on Homeland Security met on July 19, 2006, to 
consider H.R. 5814, and ordered the measure reported to the 
House, amended, by voice vote. The Committee on Homeland 
Security reported H.R. 5814 to the House on November 9, 2006 as 
H. Rept. 109-713, Pt. I.
    H.R. 5814 was sequentially referred to the Committee on 
Ways and Means, the Committee on Energy and Commerce for a 
period ending not later than November 17, 2006. On November 17, 
2006, the Committee on Ways and Means, and the Committee on 
Energy and Commerce for a period ending not later than December 
8, 2006.
    As introduced, section 801 of H.R. 5814 contained 
provisions of H.R. 1544. See discussion of on H.R. 1544 listed 
above.

    NATIONAL EMERGENCY MANAGEMENT REFORM AND ENHANCEMENT ACT OF 2006

                               H.R. 5351

    To amend the Homeland Security Act of 2002 to establish a 
Directorate of Emergency Management, to codify certain existing 
functions of the Department of Homeland Security, and for other 
purposes.

Summary

    H.R. 5351, the ``National Emergency Management Reform and 
Enhancement Act of 2006,'' addresses the fundamental problems 
identified by recent catastrophic incidents and prepare the 
Nation to respond effectively to, and recover quickly from, 
acts of terrorism, natural disasters, and other emergencies. 
Among other things, the bill establishes the Federal Emergency 
Management Agency (FEMA) as a Directorate of Emergency 
Management within the Department of Homeland Security 
(Department); elevates the Director of FEMA to an Under 
Secretary and requires that they posses a demonstrated ability 
in, and knowledge of, emergency management; makes the Under 
Secretary the President's principal advisor for emergency 
management issues; gives the Under Secretary a direct reporting 
relationship to the President during Incidents of National 
Significance; and consolidates the Department's Preparedness 
Directorate and FEMA to ensure that preparedness and response 
activities are properly coordinated. Moreover, H.R. 5351 gives 
FEMA the tools necessary to accomplish its mission; improves 
communication and coordination at the Federal, State, local, 
and tribal levels; accelerates the development of redundant, 
survivable, and interoperable emergency communications 
capabilities; strengthens disaster preparedness and response 
capabilities nationwide; and takes steps to eliminate waste, 
fraud, and abuse in the aftermath of major disasters. H.R. 5351 
is a comprehensive bill that will empower the Department to 
become what Congress and the Administration intended it to be a 
strong, Federal coordinating agency capable of effectively 
preventing, preparing for, mitigating against, responding to, 
and recovering from acts of terrorism, natural disasters, and 
other emergencies.

Legislative History

    Prior to introduction, on May 9, 2006, the Committee on 
Homeland Security held a hearing on proposed legislation to 
strengthen FEMA and better integrate it into the Department of 
Homeland Security. The Committee received testimony from Dr. 
William O. Jenkins, Jr., Director, Homeland Security and 
Justice, Government Accountability Office; Mr. Barry Kasinitz, 
Director, Governmental/Legislative Affairs, International 
Association of Fire Fighters; Mr. Steven V. Lenkart, Director 
of Legislative Affairs, International Brotherhood of Police 
Officers; and Mr. Eric Holdeman, Director, Office of Emergency 
Management, King County, State of Washington.
    H.R. 5351 was introduced on May 11, 2006, by Mr. Reichert, 
Mr. Pascrell, Mr. McCaul of Texas, Mr. Etheridge, Mr. King of 
New York, Mr. Thompson of Mississippi and nineteen original 
cosponsors. H.R. 5351 was referred to the Committee on 
Transportation and Infrastructure, and in addition to the 
Committee on Homeland Security, and the Committee on Energy and 
Commerce.
    The Committee on Homeland Security considered H.R. 5351 on 
May 17, 2006, and ordered the measure reported to the House, 
amended, by voice vote. The Committee on Homeland Security 
reported H.R. 5351 to the House on November 9, 2006 as H. Rept. 
109-712, Pt. I.
    Provisions relating to H.R. 5351 were offered as an 
amendment in the Senate during consideration of H.R. 5441, and 
maintained as Title VI during the House-Senate Conference 
thereon. See action taken on H.R. 5441 (Public Law 109-295) 
listed above.

   RESOLUTION OF INQUIRY RELATING TO THE REAPPORTIONMENT OF AIRPORT 
                               SCREENERS

                              H. Res. 463

    Resolution of inquiry directing the Secretary of Homeland 
Security to provide certain information to the House of 
Representatives relating to the reapportionment of airport 
screeners.

Summary

    H. Res. 463 requires the Secretary of the Department of 
Homeland Security to provide certain documentation related to 
the reallocation of screeners at federalized airports. The 
Transportation Security Administration utilizes a mathematical 
model to determine screener allocation using factors such as 
passenger traffic numbers, air carrier schedules for the 
upcoming year, and passenger wait times.

Legislative History

    H. Res. 463 was introduced in the House on September 27, 
2005, by Mr. Blumenauer and 13 original cosponsors, and 
referred solely to the Committee on Homeland Security.
    On October 26, 2005, the Full Committee considered H. Res. 
463 and ordered the resolution reported to the House, 
adversely, by voice vote. The Committee reported H. Res. 463 to 
the House on October 28, 2005, as H. Rpt. 109-259.

      RESOLUTION OF INQUIRY RELATING TO SHIRLINGTON LIMOUSINE AND 
                      TRANSPORTATION, INCORPORATED

                              H. Res. 809

    Directing the Secretary of the Department of Homeland 
Security to transmit to the House of Representatives not later 
than 14 days after the date of the adoption of this resolution 
documents in the Secretary's possession relating to any 
existing or previous agreement between the Department of 
Homeland Security and Shirlington Limousine and Transportation, 
Incorporated, of Arlington, Virginia.

Summary

    H. Res. 809 directs the Secretary of Homeland Security to 
transmit to the House of Representatives documents relating to 
any existing or previous agreement between the Department of 
Homeland Security and Shirlington Limousine and Transportation, 
Incorporated, of Arlington, Virginia, to provide transportation 
services with the Department.

Legislative History

    H. Res. 809 was introduced in the House on May 9, 2006, by 
Ms. Slaughter. H. Res. 809 was referred to the Committee on 
Homeland Security and retained at the Full Committee.
    In light of the Subcommittee on Management, Integration, 
and Oversight ongoing inquiry into the Shirlington Limousine 
and Transportation, Inc. contracts with the Department of 
Homeland Security, the Committee, on May 25, 2006, considered 
H. Res. 463 and ordered the resolution reported to the House, 
adversely, by voice vote. The Committee reported H. Res. 809 to 
the House on May 25, 2006, as H. Rpt. 109-484.

SENSE OF THE HOUSE OF REPRESENTATIVES ON EMPLOYEES OF THE DEPARTMENT OF 
                           HOMELAND SECURITY

                              H. Res. 398

    Expressing the sense of the House of Representatives that 
the employees of the Department of Homeland Security, their 
partners at all levels of government, and the millions of law 
enforcement agents and emergency response providers nationwide 
should be commended for their dedicated service on the Nation's 
front lines in the war against terrorism.

Summary

    H. Res. 398 expresses the Nation's appreciation for the 
sacrifices and commitment of law enforcement and emergency 
response personnel in preventing, and preparing to respond to, 
acts of terrorism, and supports the goals and ideals of 
National Preparedness Month as they relate to the threat of 
terrorism. This Resolution urges the Federal government, 
states, localities, schools, nonprofit organizations, 
businesses, other entities, and the people of the United States 
to observe National Preparedness Month with appropriate events 
and activities that promote citizen and community preparedness 
to respond to terrorist attacks.

Legislative History

    H. Res. 398 was introduced on July 28, 2005, by Mr. Cox and 
Mr. Thompson, and referred solely to the Committee on Homeland 
Security.
    On July 28, 2005, the Full Committee considered H.Res. 398 
and ordered the measure reported to the House, without 
amendment, by voice vote. No further action was taken on this 
matter.

 DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ENHANCEMENT ACT OF 2005

                                H.R. 285

    To amend the Homeland Security Act of 2002 to enhance 
cybersecurity, and for other purposes.

Summary

    H.R. 285 establishes within the Department of Homeland 
Security (DHS) a National Cybersecurity Office, headed by an 
Assistant Secretary for Cybersecurity, who would have primary 
authority within the Department for both, all cybersecurity-
related critical infrastructure programs of DHS, as well as the 
National Communications System. The bill enumerates the 
responsibilities of the Assistant Secretary including 
establishing and managing a national cybersecurity response 
system; a National cybersecurity threat and vulnerability 
reduction program; a national cybersecurity awareness and 
training program; a Government cybersecurity program; and a 
national security and international cybersecurity cooperation 
program. The bill also requires the Assistant Secretary to 
coordinate and share information with the private sector as 
well as other Federal agencies regarding cybersecurity-related 
programs, policies and operations.

Legislative History

    H.R. 285 was introduced on January 6, 2005, by Mr. 
Thornberry and Ms. Zoe Lofgren of California, and referred 
solely to the Committee on Homeland Security. Within the 
Committee, H.R. 285 was referred to the Subcommittee on 
Economic Security, Infrastructure Protection, and 
Cybersecurity, and the Subcommittee on Management, Integration, 
and Oversight.
    On April 20, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 285. The Subcommittee received testimony from Mr. Amit 
Yoran, President, Yoran Associates; Mr. Harris Miller, 
President, Information Technology Association of America; Mr. 
Paul Kurtz, Executive Director, Cyber Security Industry 
Alliance; Ms. Catherine Allen, President and CEO, BITS, 
Financial Services Roundtable; and Mr. Ken Silva, Chairman of 
the Board of Directors, Internet Security Alliance.
    On April 20, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity considered H.R. 
285 and ordered the measure favorably reported to the Full 
Committee for consideration, without amendment, by voice vote. 
On that same date, the Subcommittee on Management, Integration, 
and Oversight discharged itself from further consideration of 
H.R. 285. No further action occurred on H.R. 285.

             FEDERAL EMPLOYEE PROTECTION OF DISCLOSURES ACT

                               H.R. 1317

    To amend title 5, United States Code, to clarify which 
disclosures of information are protected from prohibited 
personnel practices; to require a statement in nondisclosure 
policies, forms, and agreements to the effect that such 
policies, forms, and agreements are consistent with certain 
disclosure protections; and for other purposes.

Summary

    H.R. 1317, the ``Federal Employee Protection Disclosures 
Act,'' would expand Federal employee whistleblower protection 
laws. The Committee on Homeland Security received a sequential 
referral of jurisdiction over section 11, entitled Prohibited 
Personnel Practices Affecting the Transportation Security 
Administration, and section 12. Section 11 would add a new 
section 2304 to title 5, United States Code, clarifying that 
employees at the Transportation Security Administration, 
including those carrying out screener functions, have the same 
whistleblower protections as other Federal employees and such 
provisions would take effect 30 days after date of enactment of 
the Act.
    The need for this legislative provision stems from section 
111(d) of the Aviation and Transportation Security Act of 2001 
(ATSA) (Public Law 107-71), which proscribed responsibility for 
all terms and conditions of employment to the Under Secretary 
for Transportation. This provision provided the newly-created 
Transportation Security Administration the necessary 
flexibility in all aspects of employee management.

Legislative History

    H.R. 1317 was introduced on March 15, 2005, by Mr. Platts 
and 17 original cosponsors, and referred solely to the 
Committee on Government Reform.
    On September 29, 2005, the Committee on Government Reform 
met and ordered H.R. 1317 reported to the House, amended, by a 
recorded vote of 34 yeas and 1 nay.
    The Chairman of the Committee on Homeland Security sent a 
letter to the Speaker of the House on June 29, 2006, requesting 
a sequential referral of H.R. 1317. The letter further 
indicated that the legislation contains whistleblower 
provisions applicable to employees of the Department of 
Homeland Security, and thus within the jurisdiction of the 
Committee on Homeland Security.
    On June 29, 2006, the Committee on Government Reform 
reported H.R. 1317 to the House as H. Rpt. 109-544, Pt. 1. The 
measure was then sequentially referred to the Committee on 
Armed Services and the Committee on Homeland Security for a 
period ending not later than September 11, 2006. On September 
11, 2006, the Committee on Armed Services and the Committee on 
Homeland Security received an extension for further 
consideration for a period ending not later than September 29, 
2006. On September 29, 2006, the Committee on Armed Services 
and the Committee on Homeland Security received an extension 
for further consideration for a period ending not later than 
November 17, 2006. On November 17, 2006, the Committee on 
Homeland Security was discharged from further consideration; 
and the Committee on Armed Services' referral was extended for 
a period ending December 8, 2006.

           MARITIME TERMINAL SECURITY ENHANCEMENT ACT OF 2006

                               H.R. 4880

    To direct the Commandant of the Coast Guard to require that 
a security plan for a maritime facility be resubmitted for 
approval upon transfer of ownership or operation of such 
facility, and for other purposes.

Summary

    H.R. 4880 requires security plans at port facilities be 
updated and resubmitted to the United States Coast Guard after 
any transfer of ownership or operation of a terminal and 
requires that all facility security officers be citizens of the 
United States. Additional provisions set deadlines for the 
implementation of security card programs at ports, set a 
deadline for the development of a long range vessel tracking 
program, and mandate 100 percent inspection of cargo bound for 
the U.S. at foreign seaports.

Legislative History

    H.R. 4880 was introduced by Mr. LoBiondo and twenty-three 
original cosponsors on March 6, 2006, and referred to the 
Committee on Transportation and Infrastructure, and the 
Committee on Homeland Security. Within the Committee on 
Homeland Security the measure was referred on the Subcommittee 
on Economic Security, Infrastructure Protection, and 
Cybersecurity.
    The Chairman of the Committee on Homeland Security sent a 
letter to the Speaker of the House on September 20, 2006, 
agreeing to discharge the Committee on Homeland Security from 
further consideration of H.R. 4880.
    The Committee on Transportation and Infrastructure reported 
H.R. 4880 to the House on September 29, 2006, as H. Rpt. 109-
709, Pt. 1. On that date, the referral of the measure to the 
Committee on Homeland Security was extended for a period ending 
not later than November 17, 2006. On November 17, 2006, 
referral of the measure to the Committee on Homeland Security 
was extended for a period ending not later than December 8, 
2006.

                       SAFE TRUCKERS ACT OF 2006

                               H.R. 5604

    To require motor vehicle operators transporting security 
sensitive material in commerce to obtain a permit from the 
Secretary of Homeland Security, and for other purposes.

Summary

    Section 1012 of the ``Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism'' (USA PATRIOT) (P.L.107-56) prohibits States from 
issuing a commercial drivers license (CDL) to an individual to 
operate a motor vehicle (truck) to transport hazardous 
materials (HAZMAT) for commercial purposes unless the Secretary 
of Transportation has determined that the individual does not 
pose a security risk. This responsibility was delegated to the 
Transportation Security Administration (TSA), which became a 
part of the Department of Homeland Security in 2003. In May 
2005, TSA began implementing this requirement for all hazardous 
materials endorsement (HME) drivers. Under the provisions of 
the USA PATRIOT Act, the TSA was required to conduct background 
checks on all 2.7 million HME drivers, although a majority of 
HAZMAT is not a security threat.
    H.R. 5604, the ``SAFE Truckers Act,'' requires the TSA to 
distinguish certain materials as security sensitive, and 
requires individuals transporting those materials to undergo 
the extensive fingerprint-based criminal history background 
check. H.R. 5604 includes amendments to section 1012 of the USA 
PATRIOT Act, the existing statute. The changes require a name-
based check for drivers obtaining a HME, but not a criminal 
records check thereby reducing the number of drivers who must 
undergo the fingerprint-based check without reducing security. 
H.R. 5604 also included provisions to reduce the cost for 
drivers who hold other similar cards, such as the 
Transportation Worker Identification Credential (TWIC), and 
would require a study of ways to reduce redundancies between 
these programs.

Legislative History

    Prior to introduction, on November 1, 2005, the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity held a hearing entitled ``Reforming HAZMAT 
Trucking Security.'' The Subcommittee received testimony from 
Mr. Stephen Russell, Chairman and CEO Celadon Group Inc., 
testifying on behalf of the American Trucking Association; Mr. 
Michael Laizure, Owner-Operator, Time Critical Ordnance 
Transport, testifying on behalf of The Owner-Operator 
Independent Drivers Association; Mr. Gary Brown, General 
Counsel, Pyro Spectaculars, testifying on behalf of the 
American Pyrotechnics Association, et al; Ms. Linda Lewis-
Pickett, President and CEO, American Association of Motor 
Vehicle Administrators; Mr. Scott Madar, Assistant Director, 
Safety and Health Department, International Brotherhood of 
Teamsters; Mr. Justin Oberman, Assistant Director, 
Transportation Threat Assessment & Credentialing, 
Transportation Security Administration, Department of Homeland 
Security; and Mr. Robert McGuire, Associate Administrator, 
Pipeline & Hazardous Materials Safety Administration, 
Department of Transportation.
    H.R. 5604 was introduced by Mr. Daniel E. Lungren of 
California, Ms. Loretta Sanchez of California, and seven 
original cosponsors on June 14, 2006, and referred solely to 
the Committee on Homeland Security. Within the Committee, the 
measure was referred to the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity held a hearing on June 16, 2006. 
The Subcommittee received testimony from Hon. Kip Hawley, 
Administrator, Transportation Security Administration, 
Department of Homeland Security; Mr. David S. McClimon, 
President, Con-Way, Inc., on behalf of the American Trucking 
Association; and Mr. Todd Spencer, Executive Vice President, 
Owner-Operator Independent Drivers Association.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity met on June 22, 2006, to consider 
H.R. 5604 and forwarded the measure to the Full Committee, 
amended, by voice vote.

            SECURE HANDLING OF AMMONIUM NITRATE ACT OF 2005

                               H.R. 3197

    To authorize the Secretary of Homeland Security to regulate 
the production, storage, sale, and distribution of ammonium 
nitrate on account of the prior use of ammonium nitrate to 
create explosives used in acts of terrorism and to prevent 
terrorists from acquiring ammonium nitrate to create 
explosives.

Summary

    H.R. 3197 requires ammonium nitrate ``handlers,'' i.e. any 
person that produces or sells ammonium nitrate, to register 
with the Department of Homeland Security and report the amount 
of ammonium nitrate sold or produced at each of the handler's 
respective facilities. H.R. 3197 also requires ammonium nitrate 
handlers to maintain records of each sale or transfer of 
ownership of ammonium nitrate for a three year period from the 
date of sale or transfer. Another provision requires handlers 
to verify the identity of ammonium nitrate purchasers through 
an identification procedure determined appropriate by the 
Secretary of the Department of Homeland Security. H.R. 3197 was 
intended to aid law enforcement counterterrorism efforts by 
creating a paper trail for crimes involving purchases of 
ammonium nitrate and will also support honest retailers in 
their efforts to prevent terrorism.

Legislative History

    H.R. 3197 was introduced by Mr. Weldon and five original 
co-sponsors on June 30, 2005, and referred solely to the 
Committee on Homeland Security. Within the Committee, H.R. 3197 
was referred to the Subcommittee on Prevention of Nuclear and 
Biological Attack.
    On December 14, 2005, the Subcommittee on Prevention of 
Nuclear and Biological Attack held a hearing on H.R. 3197. The 
Subcommittee received testimony from Dr. Jimmie C. Oxley, 
Professor of Chemistry, University of Rhode Island; Mr. James 
W. McMahon, Director, New York State Office of Homeland 
Security; Mr. Gary W. Black, President, Georgia Agribusiness 
Council, Inc.; Mr. William Paul O'Neill, Jr., President, 
International Raw Materials, testifying on behalf of 
Agricultural Retailers Association; Mr. Carl Wallace, Plant 
Manager, Terra Mississippi Nitrogen, Inc., testifying on behalf 
of The Fertilizer Institute.
    On December 14, 2005, the Subcommittee on Prevention of 
Nuclear and Biological Attack considered H.R. 3197 and 
favorably forwarded the bill to the Full Committee for 
consideration, amended, by a recorded vote of 9 yeas and 0 
nays.
    On June 14, 2006, the Committee on Homeland Security met to 
consider H.R. 3197, and ordered the measure reported to the 
House, amended, by voice vote.

            RECREATIONAL BOATERS STREAMLINED INSPECTION ACT

                               H.R. 1509

    To create an inspection program that uses videophone 
systems at certain points of entry in Florida to satisfy 
customs and immigration reporting requirements.

Summary

    H.R. 1509, the ``Recreational Boaters Streamlined 
Inspection Act,'' requires the Secretary of Homeland Security 
to establish an inspection program that uses a videophone 
system at specified points of entry in Florida whereby 
recreational vessels may report to an appropriate official of 
the Department of Homeland Security (DHS) for purposes of 
compliance with customs laws and for lawful entry into the 
United States under immigration laws.

Legislative History

    H.R. 1509 was introduced in the House on April 6, 2005, by 
Mr. Foley and Mr. Shaw, and referred solely to the Committee on 
Homeland Security. Within the Committee on Homeland Security, 
H.R. 1059 was referred to the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity.
    On May 19, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 1509, the Recreational Boaters Streamlined Inspection Act. 
The Subcommittee received testimony from Hon. Mark Foley, a 
Representative in Congress from the State of Florida; Mr. Jim 
Ellis, President, Boat Owners Association of The United States 
BOAT/U.S.; and Mr. Robert Jacksta, Executive Director, Border 
Security and Facilitation, Office of Field Operations, Customs 
and Border Protection, Department of Homeland Security.

                 Oversight Activities of the Committee


                       PORT AND WATERWAY SECURITY

    On Tuesday, March 22, 2005, the Committee on Homeland 
Security held a field hearing in Vicksburg, Mississippi, 
entitled ``Protecting Our Commerce: Port and Waterways 
Security.'' The Committee received testimony from Rear Admiral 
Robert Duncan, Commander Eighth Coast Guard District, United 
States Coast Guard; Mr. Jimmy Heidel, Executive Director, 
Warren County Port Commission and Vice-President of the 
Vicksburg-Warren County Chamber of Commerce; Ms. Cynthia Swain, 
Director of Safety and Security, Port of New Orleans; Dr. 
Deirdre McGowan, Executive Director, Inland Rivers, Ports and 
Terminals Association.
    The Committee assessed the progress made in port and inland 
waterway security since September 11, 2001 and the impact of 
the Department of Homeland Security port and maritime security 
programs at the local level. The Committee examined the 
greatest threats to the maritime environment and what steps the 
Department and local officials have taken to protect against 
those threats. Members gained a better understanding of what 
the U.S. Coast Guard has done to improve security at the 
Nation's seaports and major inland waterways.

               DEPARTMENT OF HOMELAND SECURITY MANAGEMENT

    In his speech on March 16, 2005, the Secretary of Homeland 
Security, announced the initiation of a Second-Stage Review. 
This review forms part of the Department's continuing efforts 
to achieve a successful management structure and to integrate 
the varied management processes, systems, employees, and 
programs. The Secretary also called for a shift in emphasis to 
a risk-based approach in both homeland security operations and 
philosophy.

Risk-Based Prioritization and Management

    On April 13, 2005, the Committee on Homeland Security held 
a hearing entitled ``The Department of Homeland Security: 
Promoting Risk-Based Prioritization and Management.'' The sole 
witness was Hon. Michael Chertoff, Secretary, Department of 
Homeland Security. The purpose of this hearing was to explore 
how the Department would be re-examining its overall mission 
and the work of its organizational elements through the lens of 
threat, vulnerability, and consequence, in order to implement 
risk-based management of limited resources. During this 
hearing, the Secretary discussed with Members the ongoing 
review of the Department's operations and his plans to 
establish risk-based priorities to drive program development 
and budgets.

Second Stage Review

    On July 14 and 25, 2005, the Committee held a hearing 
entitled ``The Secretary's Second-Stage Review: Re-thinking the 
Department of Homeland Security's Organization and Policy 
Direction.'' The Committee received testimony from Hon. Michael 
Chertoff, Secretary, Department of Homeland Security. This 
hearing examined the organizational and policy changes proposed 
by Department of Homeland Security (DHS) Secretary Michael 
Chertoff. These proposals are the result of a Second-Stage 
Review of the Department's structure, policies, and programs.

Department of Homeland Security Budget

    On February 16, 2006, the Committee on Homeland Security 
held a hearing entitled ``The President's Proposed Fiscal Year 
2007 Budget for the Department of Homeland Security: 
Maintaining Vigilance and Improving Mission Performance in 
Securing the Homeland.'' The sole witness was Hon. Michael 
Chertoff, Secretary, Department of Homeland Security. This 
hearing examined the homeland security aspects of the proposed 
Fiscal Year 2007 budget for the Department. This hearing 
allowed Members to explore the strategic goals, performance 
objectives, and overall priorities of DHS, as reflected in the 
proposed budget for Fiscal Year 2007, as well as the 
Secretary's plans for resolving lingering issues that continued 
to affect the operations of the Department. The findings of 
this hearing were used to develop authorized funding levels for 
legislation introduced by the Committee on Homeland Security, 
including H.R. 4954, the ``Security and Accountability For 
Every Port Act''; H.R. 5351, the ``National Emergency 
Management Reform and Enhancement Act of 2006''; H.R. 5814, the 
``Department of Homeland Security Authorization Act for Fiscal 
Year 2007''; and H.R. 5695, the ``Chemical Facility Anti-
Terrorism Act of 2006.''

Merger of Customs and Border Protection and Immigration and Customs 
        Enforcement

    On November 28, 2006, the Committee on Homeland Security 
Chairman and Ranking Member, along with the Subcommittee on 
Management, Integration, and Oversight Chairman and Ranking 
Member, sent a letter to the Secretary of Homeland Security 
requesting a response to lingering questions regarding the 
Department's decision to maintain the separate organizational 
structure of Customs and Border Protection (CBP) and 
Immigration and Customs Enforcement (ICE). The letter also 
inquired how the Secretary's Second Stage Review (2SR) reforms 
would address the problems of coordination and information 
sharing between the agencies. The Secretary of Homeland 
Security responded to the Committee on February 22, 2006, and 
reiterated the Department's position that the merger of CBP and 
ICE ``would be a significant and costly setback'' resulting in 
``confusion and disruption'' that would seriously divert 
attention from critical homeland and border security missions.
    The Secretary also outlined the following changes that he 
had or intended to make in lieu of the merger of the two 
agencies: (1) creation of a Department-wide Office of Policy, 
an Office of Operations Coordination, and a more robust Office 
of Intelligence and Analysis to be managed by a new Chief 
Intelligence Officer; (2) implementation of the Secure Border 
Initiative as a collective effort to improve Department-wide 
coordination in the apprehension, detention, and removal of 
illegal aliens; (3) placement of the SBI Program office in the 
DHS Office of Policy; (4) directing CBP and ICE to report to 
the Secretary of DHS, which includes weekly meetings between 
the Secretary and CBP and ICE leadership for updates of the 
effectiveness of SBI and the use of expedited removal; (5) 
creation of an ICE/CBP Coordination Council, which involves 
high level managers from each agency who meet regularly to 
resolve coordination issues and ensure effective implementation 
of Memoranda of Understanding and other interagency agreements; 
(6) establishment of mechanisms to ensure the Under Secretary 
of Management and the Chief Financial Office collaborate with 
CBP and ICE on budget and strategic planning issues; and (7) 
establishment of Border Enforcement and Security Task Forces 
composed of integrated teams of Federal, State, and local 
representatives to address cross-border criminal activity.

Department of Homeland Security Major Initiatives

    On September 26, 2006, the Committee on Homeland Security 
held a hearing entitled ``The Department of Homeland Security: 
Major Initiatives for 2007 and Beyond.'' The sole witness for 
this hearing was Hon. Michael Chertoff, Secretary, Department 
of Homeland Security. The purpose of this hearing was to inform 
Members of the priorities for the Department of Homeland 
Security for the coming year and into the future. The hearing 
provided Members the opportunity to discuss the Department's 
priorities, accomplishments, and failures with the Secretary, 
and examine the agenda for the future.

                  EMERGENCY PREPAREDNESS AND RESPONSE

First Responder Grant Reform

    Reforming the Department of Homeland Security's first 
responder grant programs for State and local governments was 
one of the Committee's paramount concerns during the 109th 
Congress. The Committee was particularly concerned about the 
Department's myriad problems in distributing Federal homeland 
security assistance to enhance our Nation's capabilities to 
prevent, prepare for, respond to, and recover from acts of 
terrorism, especially those involving weapons of mass 
destruction. Several widely-reported problems with the 
Department's grant programs include: the Department's reliance 
on arbitrary formulas--rather than risk--to allocate the vast 
majority of its terrorism preparedness grant funds to State and 
local governments; the lack of Federal terrorism preparedness 
standards or goals to guide the expenditure of grant funds; the 
slow rate of draw-down (i.e., spending) by State and local 
recipients of terrorism preparedness grants; and the failure by 
many States and territories to allocate funds to localities 
within their jurisdictions on the basis of risk and need.
    On April 14, 2005, the Committee on Homeland Security held 
a hearing entitled ``Grant Reform: The Faster and Smarter 
Funding for First Responders Act of 2005.'' The Committee 
received testimony from Hon. Lee. H. Hamilton, Vice Chair, 
National Commission on Terrorist Attacks Upon the United 
States; Ms. Mary Fetchet, Founding Director, Voices of 
September 11th; Inspector Louis P. Cannon, on behalf of the 
National Fraternal Order of Police; Chief Gregg Lord, Director, 
National Association of Emergency Medial Technicians, Division 
Chief--EMS, Cherokee County Fire-Emergency Services; and Mr. 
Kevin B. O'Connor, Associate to the General President, 
International Association of Fire Fighters. This hearing 
evaluated how H.R. 1544, the ``Faster and Smarter Funding for 
First Responders Act,'' would help remedy problems with the 
grant process.
    The Committee's oversight in this area resulted in the 
development of H.R. 1544. This legislation passed the House of 
Representatives twice--as a stand alone measure in May 2005--
and as an amendment to H.R. 3199, the ``USA PATRIOT Improvement 
and Reauthorization Act'' in July 2005 and has spurred the 
Department to make significant changes in how it administers 
these grant programs and awards funding to State and local 
governments.

Disaster Response

    In the morning hours of August 29, 2005, Hurricane Katrina 
made landfall along the coasts of Louisiana, Mississippi, and 
Alabama. In the days and weeks that followed, the Nation 
watched as it became apparent that all levels of Government 
were unprepared and unable to adequately respond to the 
devastation caused by the storm.
    Hurricane Katrina and, subsequently, Hurricane Rita, which 
hit Texas and Louisiana, exposed a lack of preparedness--at all 
levels of Government--to respond to a true catastrophe, whether 
natural or man-made. Furthermore, these two hurricanes exposed 
weaknesses in financial management controls that resulted in 
the payment of more than $1 billion dollars of fraudulent 
applications for Federal assistance. As a result of Hurricanes 
Katrina and Rita, the Committee examined how our Nation could 
avoid such disasters in the future.
    On September 14, 2005, senior officials from the American 
Red Cross (ARC) briefed Committee Members recounting their 
observations on the coordination between Federal, State, and 
local governments and non-governmental and voluntary 
organizations during the response to Hurricane Katrina. As a 
central player in the response to Hurricane Katrina and as a 
signatory to the National Response Plan, the ARC observed the 
Federal, State, and local Government response. The briefing 
addressed issues including: the implementation of the National 
Response Plan; the typical role of non-governmental and 
volunteer organizations in preparing for, responding to, and 
recovering from catastrophic emergencies in general and the 
ARC's role under the National Response Plan in particular; the 
effectiveness of the Federal government's response to Hurricane 
Katrina in comparison to the Federal government's response in 
prior emergencies; the effectiveness of the State and local 
government's response in comparison to other States and local 
Governments in prior emergencies; and the challenges of 
responding to a catastrophic natural disaster.
    Members of the Committee on Homeland Security received a 
briefing on September 22, 2005, by the American Red Cross and 
disaster response. The purpose of this briefing was to discuss 
the American Red Cross' efforts in the wake of Hurricane 
Katrina and personal observations of the response by Federal, 
State, and local governments. The Committee learned about the 
frustration with the pace of the response and the coordination 
among Federal, State and local governments and non-governmental 
and voluntary organizations, such as the American Red Cross and 
the Salvation Army.
    On September 27, 2005, Members of the Committee on Homeland 
Security received a joint briefing with the Members of the 
Committee on Transportation and Infrastructure on the U.S. 
Coast Guard's disaster response capabilities in light of 
actions taken during Hurricane Katrina. The Committee examined 
the successes and failures encountered during the course of the 
recovery efforts.
    The Committee on Homeland Security held a hearing on 
October 19, 2005, entitled ``Federalism and Disaster Response: 
Examining the Roles and Responsibilities of Local, State, and 
Federal Agencies.'' The Committee received testimony from Hon. 
Jeb Bush, Governor, State of Florida; Hon. Rick Perry, 
Governor, State of Texas; Hon. Janet Napolitano, Governor, 
State of Arizona; Hon. David G. Wallace, Mayor, City of Sugar 
Land, Texas, testifying on behalf of The United States 
Conference of Mayors; and Hon. Audwin M. Samuel, Mayor Pro Tem, 
City of Beaumont, Texas, testifying on behalf of The National 
League of Cities. This hearing addressed a number of issues 
critical to the intergovernmental challenges posed by 
catastrophic events including: the historic roles and 
responsibilities of local, State, and Federal entities with 
respect to preparing for and responding to acts of terrorism 
and other major disasters; whether these historic roles should 
be re-examined post-Hurricane Katrina, particularly with 
respect to catastrophic events; whether the National Response 
Plan adequately enhances intergovernmental coordination; and 
what additional partnerships, if any, municipal, State, and 
Federal agencies need to create to more effectively coordinate 
their missions and enhance existing operational capabilities.
    On October 25, 2005, the Department of Homeland Security 
responded to a request informing the Committee of compliance 
with Section 307 of the Stafford Act and an updated inventory 
of contractors and subcontractors involved in the relief effort 
related to Hurricane Katrina.
    The Committee's oversight in the area resulted in the 
introduction of H.R. 5351, legislation reforming the Federal 
Emergency Management Agency. See discussion on H.R. 5351 listed 
above.

Federal Emergency Management Agency Reform

    Given the catastrophic nature of the destruction wrought by 
Hurricanes Katrina and Rita and the persistent chorus of 
criticism directed at the Federal Emergency Management Agency 
(FEMA) with respect to its response, many in Congress and the 
public clamored for legislative reform. Many FEMA critics 
advocated the removal of FEMA from the Department of Homeland 
Security (Department) and its re-establishment as an 
independent agency. Concern was raised that the Department's 
primary focus on terrorism preparedness undermined FEMA's 
ability to respond to natural disasters and other emergencies, 
and that FEMA's placement within the Department reduced its 
nimbleness and effectiveness.
    On May 9, 2006, the Committee on Homeland Security held a 
hearing on proposed legislation to strengthen FEMA and better 
integrate it into the Department of Homeland Security, and for 
other purposes. The Committee received testimony from Dr. 
William O. Jenkins, Jr., Director, Homeland Security and 
Justice, Government Accountability Office; Mr. Barry Kasinitz, 
Director, Governmental/Legislative Affairs, International 
Association of Fire Fighters; Mr. Steven V. Lenkart, Director 
of Legislative Affairs, International Brotherhood of Police 
Officers; and Mr. Eric Holdeman, Director, Office of Emergency 
Management, King County, State of Washington. This hearing 
provided Members with an opportunity to hear from 
representatives of the fire service, law enforcement, and 
emergency management communities on how the Department should 
enhance its preparedness and response to acts of terrorism, 
natural disasters, and other emergencies. In particular, the 
witnesses offered the Committee their views on H.R. 5351, the 
``National Emergency Management Reform and Enhancement Act of 
2006.''
    The Committee's efforts on FEMA reform led to the 
development of H.R. 5351, the ``National Emergency Management 
Reform and Enhancement Act,'' which was one of three bills that 
formed the basis for Title VI of H.R. 5441, the ``FY 2007, 
Department of Homeland Security Appropriations Act.''

Terrorism Preparedness Grants

    In May 2006, the Department of Homeland Security 
(Department) announced the recipients of $1.7 billion in Fiscal 
Year (FY) 2006 funding under the State Homeland Security Grant 
Program (SHSGP), the Urban Area Security Initiative (UASI), and 
the Law Enforcement Terrorism Prevention Program (LETPP). As a 
result of a new allocation process, the Department 
significantly reduced funding to New York City and the National 
Capital Region--the targets of the September 11, 2001 attacks--
by 40 percent from FY 2005 levels.
    On June 21, 2006, the Committee on Homeland Security held a 
hearing entitled ``DHS Terrorism Preparedness Grants: Risk-
Based or Guess-Work?'' The Committee received testimony from 
Hon. Michael Bloomberg, Mayor, City of New York, New York; 
Police Commissioner Raymond W. Kelly, City of New York; Hon. 
Anthony Williams, Mayor, City of Washington, District of 
Columbia; Mr. Edward D. Reiskin, Deputy Mayor, Public Safety 
and Justice, City of Washington, District of Columbia; Chief 
Charles H. Ramsey, Chief of Police, Metropolitan Police 
Department, District of Columbia; and Hon. George Foresman, 
Under Secretary for Preparedness, Department of Homeland 
Security. This hearing examined the basis for the Department's 
reductions in funding, and its potential effect on New York 
City, the NCR, and our Nation. Specifically, the Committee 
analyzed the Department's revisions to its risk analysis 
process, the peer review process used to evaluate each grant 
application, and whether, and to what extent, the Department's 
new allocation method allocated grant funding to those 
jurisdictions most at-risk from acts of terrorism.

                        TRANSPORTATION SECURITY

Secure Flight Program

    The Transportation Security Administration (TSA) developed 
the Secure Flight program to communicate with airlines to 
obtain a limited amount of passenger information when 
reservations are made for flights. TSA then checks the 
passenger information against the terrorist watchlist 
maintained at the Terrorist Screening Center (TSC).
    On May 20, 2005, the Chairman and the Ranking Member of the 
Committee on Homeland Security, the Chairman and Ranking Member 
of the Committee on Transportation and Infrastructure, and the 
Chairman of the Committee on Government Reform sent a letter to 
the Government Accountability Office (GAO) requesting a follow-
up report to GAO 05-356: Aviation Security: Secure Flight 
Development and Testing Under Way, but Risks Should Be Managed 
as System Is Further Developed. The Chairman of the Committee 
received a response from GAO on June 2, 2005 indicating that 
GAO would comply with the request. GAO submitted a report GAO-
06-864T ``Management Challenges Remain for the Transportation 
Security Administration's Secure Flight Program'' on June 14, 
2006.

Transportation Worker Identification Credential

    On May 24, 2006, the Chairman of the Committee on Homeland 
Security sent a letter to the Secretary of Homeland Security 
requesting an explanation for the exclusion of commercial truck 
drivers in the interim background check under the 
Transportation Worker Identification Credential (TWIC). The 
Committee received a response on July 14, 2006, in which the 
Secretary explained that the background check would be 
introduced in phases, and that the inclusion of truck drivers 
at this stage would be both expensive and time consuming. The 
Secretary further explained that most truck drivers who hold a 
hazardous materials endorsement already undergo a random name-
based check.
    Concerns over this response and the desire to screen all 
necessary truck drivers led to the inclusion of section 125 of 
the SAFE Ports Act (P.L. 109-347), which requires the Secretary 
to begin screening truck drivers who are not covered under the 
hazardous materials endorsement program within ninety days. For 
further discussion of the SAFE Ports Act, see discussion of 
H.R. 4954 listed above.

Passenger and Baggage Screening

    Committee Staff visited Washington Dulles International 
Airport on March 30, 2005, and examined TSA's passenger and 
baggage screening operations. Additionally, Staff were briefed 
by the TSA and Customs and Border Protection on November 22, 
2005, on international passenger and baggage screening. The 
Committee focused on the adequacy of screening technology for 
both passengers and baggage; the adequacy of screeners to meet 
screening demands during peak travel periods; and the impact of 
stand alone screening technology within the airport on 
passenger wait times. TSA subsequently announced a revised 
guideline for screener allocation to address screener to 
passenger imbalance concerns, as well as a screening technology 
deployment strategy to the Committee.

Air Cargo Security

    Committee Staff were briefed by the Transportation Security 
Administration (TSA) on October 10, 2005 and on May 12, 2006 
regarding TSA's progress in effecting measures to meet the 
requirements of the Aviation and Transportation Security Act of 
2001 for securing air cargo security. The staff focused on 
proposals to establish a system for designating high risk cargo 
for enhanced security screening; recommendations for enhancing 
the effectiveness of the Known Shipper Program, including 
threat assessment requirements for employees of freight 
handlers; and measures to improve access control in cargo 
handling areas. In the course of its work, Committee Staff made 
several visits to Dulles International Airport to view cargo 
screening operations; met with air cargo private sector 
representatives; and reviewed the findings of the Government 
Accountability Office Staff regarding vulnerabilities in 
existing security mechanisms in air cargo transportation.

Man Portable Air Defense Systems

    The Department of Homeland Security's Science and 
Technology Counter-MANPADS Special Program Office became 
operational in October 2003. Committee continued in the 109th 
Congress to review and examine the establishment of this office 
and the use of counter-MANPADS in the protection of aircraft.
    Committee Staff were briefed by the Science and Technology 
Directorate on the Counter-MANPADS program on January 7, 2005. 
The Committee examine concerns about the narrow focus of the 
Department's program; the excessive costs associated with the 
on-board solutions then under development; as well as lack of 
stakeholder support for the solutions being supported by DHS. 
The Department subsequently expanded the program to examine and 
support ground-based counter-MANPADS solutions.

                   CRITICAL INFRASTRUCTURE PROTECTION

Cybersecurity

    On May 23, 2005, the Chairman and Ranking Member of the 
Committee on Homeland Security requested to be added as co-
requesters to a study by the Government Accountability Office 
on Department of Homeland Security responsibilities for 
cybersecurity in support of critical infrastructure. On June 3, 
2005, GAO agreed to study this issue and report back. On July 
19, 2005 GAO provided the Committee with transcript of its 
testimony (GAO-05-827T) which responded to the original request 
by delineating the roles and responsibilities of the Department 
regarding cybersecurity related to critical infrastructure 
protection, the status of the department's efforts to fulfill 
these responsibilities, the challenges the Department faces 
with these responsibilities and the recommendations of GAO as 
to how to improve the cybersecurity of our nation's critical 
infrastructure.

Energy Transportation Security

    On April 5, 2005, the Government Accountability Office 
committee to study the vulnerabilities of maritime energy 
transportation infrastructure to terrorist attack after the 
Committee requested a study in January 31, 2005. The 
transportation of liquified natural gas (LNG) presents a 
possible risk to the United States due to the large quantities 
in which it is shipped and the high volatility and flammable 
nature. Although some studies have been completed by the 
National Laboratories, there is no consensus at this time about 
the vulnerabilities LNG tankers pose as a terrorist threat.
    The Government Accountability Office recommitted to study 
the efforts to secure maritime energy transportation vessels 
and infrastructure on February 22, 2006 The Committee was 
subsequently informed that the report would not be completed 
until 2007.

National Infrastructure Protection Plan

    On February 17, 2006, the Department of Homeland Security 
responded to a letter from the Chairman of the Committee on 
Homeland Security letter requesting information regarding the 
National Infrastructure Protection Plan (NIPP). The NIPP, 
required under Homeland Security Presidential Directive 7 
(HSPD-7, Critical Infrastructure Identification, 
Prioritization, and Protection, December 17, 2003), called for 
a comprehensive plan to secure the Nation's infrastructure 
critical to daily operations. HSPD-7 identified seventeen 
sectors of critical infrastructure (such as transportation, 
nuclear, energy, chemical and water) and requires a sector-
specific plan to secure each sector. A draft of the NIPP base-
plan was released in November 2005. The letter to the 
Department requested further information about when the final 
NIPP base-plan would be released. The Committee received a 
final copy of the NIPP in June 2006, and examined the 
implications as it related to security and its impact upon 
States, businesses and the general public.

National Asset Database

    The National Asset Database (NADB) is not simply a list of 
our Nation's ``most critical'' assets and resources. The 
determination of risk is dynamic, and thus what is considered a 
critical risk one day, may not be the next. Accordingly, an 
all-encompassing, continually evolving and updated inventory is 
required. The NADB is an issue that the Committee has followed 
closely since its inception. The Office of Infrastructure 
Protection briefed the Committee in December 2005 and again in 
July 2006 after the release of the Department of Homeland 
Security Inspector General's Report on the NABD.
    On July 20, 2006, the Committee received a classified 
briefing by the Assistant Secretary, Office of Infrastructure 
Protection, Department of Homeland Security on an update of the 
NADB asset list. The briefing enhanced the understanding of 
Committee Member on the NADB and the most critical asset list.

                  INTELLIGENCE AND INFORMATION SHARING

Classified Member Intelligence Briefings

    During the 109th Congress, the Chairman, Ranking Member, 
and select Committee Staff received regular classified 
briefings on relevant homeland-related plots from the 
Intelligence Community (IC). These bi-weekly briefings were 
coordinated through the Director of National Intelligence and 
included representatives from the National Counter Terrorism 
Center (NCTC), the Department of Homeland Security's Office of 
Intelligence Analysis, the Federal Bureau of Investigation 
(FBI), and other members of the IC as appropriate. These 
briefings were critical to providing the Committee leadership 
with near real-time information on current plots against the 
United States and guiding certain oversight efforts.

2005 New York Subway Terror Threat Warnings

    In late September 2005, the Department of Homeland Security 
(DHS) and the Federal Bureau of Investigation (FBI) received 
information regarding a potential threat to the New York City 
subway system. According to news reports, a team of terrorists 
would be attempting to execute an attack on the New York City 
Subway on or about October 9, 2005, using explosives concealed 
in bags or baby strollers.
    On October 18, 2005, the Committee on Homeland Security 
conducted a Member briefing at which senior representatives of 
the New York Metropolitan Police briefed Members on the recent 
subway terror threat warnings and related actions. Members of 
the Committee continued to examine the Department's 
capabilities to report and disseminate timely threat 
information to State and local authorities. The Committee, 
through the introduction of H.R. 5814 and H.R. 5351, further 
addressed issues related to information sharing and the threat 
advisory system.

Release of Classified Information

    On December 16, 2005, The New York Times (Times) published 
an article outlining a highly-classified overseas surveillance 
program conducted by the National Security Agency to monitor 
the communications of suspected terrorists. On June 23, 2006, 
the Times again divulged classified materials, this time on a 
program that seeks to identify international terrorist 
financing networks and transactions.
    On June 26, 2006, the Chairman of the Full Committee wrote 
a letter to the Attorney General of the United States 
requesting that the Department of Justice investigate whether 
the Times had violated Federal law by publishing classified 
material. In particular, the Chairman requested an inquiry onto 
violations of the Espionage Act (18 U.S.C. Sec. 793 et seq.) 
and the Comint Act (18 U.S.C. Sec. 798). The Committee received 
no official response from the Department of Justice in response 
to this request, but the leak and publication of the classified 
information resulted in the passage of H. Res. 895, a measure 
which expressed support for intelligence and law enforcement 
programs to track terrorists and terrorist finances conducted 
consistent with Federal law and with appropriate Congressional 
consultation, and specifically condemning the disclosure and 
publication of classified information that impairs the 
international fight against terrorism and needlessly exposes 
Americans to the threat of further terror attacks by revealing 
a crucial method by which terrorists are traced through their 
finances.

Liquid Explosives

    In mid August 2006, a plot was discovered to use liquid 
explosives to destroy planes in midair on trans-Atlantic 
flights. On September 14, 2006, Members of the Committee on 
Homeland Security received a Classified briefing on this plot 
and the activities taken in response to and to prepare against 
future incidents.

              BORDER SECURITY AND IMMIGRATION ENFORCEMENT

Review of Immigration and Customs Enforcement Investigations Priorities

    As part of the Committee's oversight of detention and 
removal of terrorists, the Committee requested the Government 
Accountability Office (GAO) review how Immigration and Customs 
Enforcement (ICE) prioritizes cases for investigation. The 
Committee was concerned with how the Department of Homeland 
Security was using risk based management decisions in 
determining how to allocate limited resources for conducting 
investigations. As a result of this study and the Committee's 
attention to this issue, ICE set clear priorities for 
conducting investigations with a focus on worksite 
investigations at critical infrastructure sites, in particular 
nuclear and chemical plants, military facilities, and airports.

Southwest Border Site Visit

    From August 16 through 18, 2006, Members of the Committee 
conducted a site visit of the southwest border in Texas, New 
Mexico, and Arizona. The Members examined security operations 
along the southwest border, including tactical operations, 
surveillance equipment, response capabilities, and community 
coordination. The Committee toured the Bridge of the Americas 
Port of Entry in El Paso, Texas, received border intelligence 
briefings at the Joint Terrorism Task Force and the El Paso 
Intelligence Center, and witnessed a demonstration at the 
Border Patrol canine training facility. While in New Mexico, 
Members toured the Columbus Port of Entry, met with private 
land owners along the border, and traveled to New Mexico Tech 
for a first responder training exercise. The Committee 
concluded the site visit in Arizona with a briefing on the 
Arizona Border Control Initiative, toured the Nogales Border 
Patrol Station, and participated in a border line tour in 
Nogales.

Border Incursions

    On January 26, 2006, the Chairman of the Committee on 
Homeland Security, the Chairman of the Subcommittee on 
Investigations, and the Chairman of the Subcommittee on 
Management, Integration, and Oversight sent a letter to the 
Secretary of Homeland Security and the Secretary of State 
expressing concern and requesting further information on 
possible Mexican military intrusion on the southern border of 
the United States. The letter further requested information on 
the procedures and policies in place to respond to such events. 
The Department of State and Department of Homeland Security 
provided briefings to staff in response to the request.

U.S. Visitor and Immigrant Status Indicator Technology

    On February 3, 2006, the Government Accountability Office 
agreed to examine the Department of Homeland Security efforts 
to deploy a biometric entry-exit system at land ports of entry 
under U.S. Visitor and Immigrant Status Indicator Technology 
(US-VISIT). On September 30, 2005, the Government 
Accountability Office committed to examine and review the 
Department of Homeland Security management and implementation 
of the US-VISIT program.
    On August 28, 2006, the Chairman and Ranking Member of the 
Committee sent a letter to the Comptroller General requesting 
the Government Accountability Office examine the US-VISIT's 
performance and accountability framework.

Secure Border Initiative

    On August 28, 2006, the Chairman and Ranking Member of the 
Committee sent a letter to the Comptroller General requesting 
further information and examination into the Increment 4 of the 
US-VISIT program and its relationship with the Secure Border 
Initiative.

       CONGRESSIONAL TRAVEL TO SUPPORT COUNTER TERRORISM EFFORTS

    To bolster support for international anti-terror efforts, 
several Committee Members and Staff participated in a 
Congressional Delegation to the Republic of Austria, the 
Hashemite Kingdom of Jordan, the State of Israel, the Arab 
Republic of Egypt, and the Kingdom of Morocco from July 31, 
until August 7, 2005. The Committee sought to encourage further 
cooperation in counter-terrorism efforts with these non-
traditional allies in Europe, the Middle East, and Africa. 
Several Members and Staff also traveled to the United Kingdom; 
the Italian Republic; and the Kingdom of Spain from January 9 
through 14, 2006, meeting with representatives of the 
international intelligence community to discuss the current 
state of global terrorism and future efforts to disrupt 
extremist activities.

                 COUNTERING AN AVIAN INFLUENZA PANDEMIC

    During the 109th Congress, the Committee actively monitored 
the threat posed by a potential avian influenza pandemic and 
assessed the respective roles of Federal Government departments 
and agencies, with particular focus on the role of the 
Department of Homeland Security in particular, as well as the 
role of State and local Government entities and the private 
sector.
    In November 2005, the President announced the National 
Strategy for Pandemic Influenza, followed by the Implementation 
Plan. The National Strategy for Pandemic Influenza is a guide 
for our preparedness and response to an influenza pandemic, 
with the intent of stopping, slowing or otherwise limiting the 
spread of a pandemic to the United States; limiting the 
domestic spread of a pandemic, and mitigating disease, 
suffering and death; and sustaining infrastructure and 
mitigating impact to the economy.
    The Subcommittee on Prevention of Nuclear and Biological 
Attack and the Subcommittee on Emergency Preparedness, Science, 
and Technology held a joint hearing on February 8, 2006, 
examining the nature of the pandemic threat, the need for early 
virus detection and prevention, and, particularly from the 
State and local community's perspective, the importance of 
coordinated preparedness and response efforts at the Federal, 
State and local levels. This hearing examined the assigned 
roles and responsibilities of the primary Federal agencies 
involved in pandemic preparedness and response contained in the 
Implementation Plan for the President's National Strategy for 
Pandemic Influenza in order to determine how effective the Plan 
will be.
    On May 16, 2006, the Committee held a hearing entitled 
``Are we ready? Implementing the National Strategy for Pandemic 
Influenza.'' This hearing examined the Implementation Plan for 
the President's National Strategy for Pandemic Influenza. This 
Plan enumerates the respective roles and responsibilities of 
Federal departments and agencies, and defining expectations of 
State and local governments, the private sector, nonprofits, 
communities, and individual citizens in preparation and 
response. The Committee received testimony from: Mr. Jeffrey W. 
Runge, Acting Under Secretary for Science and Technology and 
Chief Medical Officer, Department of Homeland Security; Mr. 
John Agwonbi, Assistant Secretary for Health, Department of 
Health and Human Services; Mr. John Clifford, Deputy 
Administrator for the Animal and Plant Health Inspection 
Service Veterinary Services' Program and Chief Veterinarian, 
Department of Agriculture; and Mr. Peter F. Verga, Deputy 
Assistant Secretary for Homeland Defense, Department of 
Defense. This hearing examined assigned roles and 
responsibilities articulated by the Implementation Plan and 
assessed the potential success of the Plan in readying the 
Nation for a potential pandemic.
    In addition, Committee Staff traveled to New York, New 
York, in February 2006 and Chicago, Illinois, on June 1, 2006, 
to examine local pandemic prevention and preparedness 
strategies. Committee Staff met with the cities' respective 
public health department officials who discussed local pandemic 
initiatives, funding concerns and interaction with the 
Department of Homeland Security.
    Committee Staff participated in a conference on November 
16, 2005, entitled ``The Global Threat of Pandemic Influenza.'' 
This conference assessed the status of the spread of the H5N1 
virus in Asia, examined virus containment and control 
approaches and discussed the roles of the United States 
Government and the business community in preparing for, and 
responding to, a potential influenza pandemic. Speakers 
included well-known domestic and international government 
officials in the field of infectious disease and public health, 
and experts from the private sector, universities, a hospital 
and non-profit institutions.

          COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES

    In late 2005, Dubai Ports World, a company owned by the 
Government of the United Arab Emirates, sought to acquire the 
Peninsular & Oriental Steam Navigation Company (P&O), which 
runs terminal operations at ports around the world, including 
several large ports in the United States. On October 17, 2005, 
lawyers for Dubai Ports World and P&O informally approached 
staff for the Committee on Foreign Investment in the United 
States (CFIUS) at the Department of the Treasury (Treasury) to 
discuss the preliminary stages of the transaction. This type of 
informal contact enables ``CFIUS staff to identify potential 
issues before the review process formally begins.'' In this 
case, Treasury staff identified port security as the primary 
issue and directed the companies to the Department of Homeland 
Security (DHS). On October 31, 2005, DHS and Department of 
Justice (DOJ) staff met with the companies to review the 
transaction and security issues.
    On November 2, 2005, staff from Treasury requested a 
Community Acquisition Risk Center (CARC) intelligence 
assessment from the Office of the Director of National 
Intelligence (DNI). Treasury received this assessment on 
December 5, 2005, and it was circulated to CFIUS staff. On 
December 6, 2005, staff from CFIUS agencies, in addition to 
staff from the Departments of Transportation and Energy, met 
with company officials to review the transaction and request 
additional information. On December 16, 2006, after two months 
of informal interaction, the companies officially filed their 
formal notice with Treasury.
    Over the course of the following 30-day review period, DHS 
negotiated a letter of assurances to address its port security 
concerns. The final letter of assurances was circulated to the 
CFIUS on January 6, 2006 for its review, and CFIUS concluded 
its review on January 17, 2006. Any and all National security 
concerns were addressed to the satisfaction of all members of 
CFIUS.
    On February 16, 2006, the Chairman of the Committee on 
Homeland Security sent a letter to the Director of National 
Intelligence requesting a review of the report on a 
intelligence threat assessment conducted by the intelligence 
community with respect to Dubai Port World's bid to operate at 
least six U.S. ports. On April 27, 2006, the Chairman of the 
Committee on Homeland Security received a classified report 
from the Office of the Director of National Intelligence 
detailing the intelligence threat assessment conducted with 
regard to Dubai Ports World.
    The Chairman of the Committee on Homeland Security sent a 
letter on February 21, 2006, to the Secretary of the Treasury 
requesting a review of the CFIUS examination on the transaction 
that gave significant port control to Dubai Ports World. The 
Chairman of the Committee on Homeland Security received a 
response to this request from the Assistant Secretary of the 
Treasury for International Affairs on May 23, 2006.
    On March 1, 2006, Members of the Committee on Homeland 
Security received a classified briefing with the Permanent 
Select Committee on Intelligence on the acquisition of terminal 
operations at six United States ports by Dubai Port World 
(DPW). Representatives from the Department of Homeland 
Security, the Department of the Treasury, the Director of 
National Intelligence, Defense Intelligence Agency, Customs and 
Border Patrol (CBP), and the U.S. Coast Guard briefed Members 
on the security review involved in the acquisition approval by 
the Committee on Foreign Investment in the United States 
(CFIUS). As a result of the controversy surrounding the 
transaction, on March 9, 2006 Dubai Ports World, agreed to sell 
its interests in the operations of several United States ports.
    On May 24, 2006, the Committee on Homeland Security held a 
hearing entitled ``The Need for CFIUS to Address Homeland 
Security Concerns.'' This hearing resulted from the controversy 
surrounding the Dubai Ports World transaction and examined the 
various issues involved in CFIUS reform, including legislative 
proposals. The Committee received testimony from Hon. Clay 
Lowery, Assistant Secretary for International Affairs, 
Department of the Treasury; Hon. Stewart Baker, Assistant 
Secretary for Policy, Planning, and International Affairs, 
Department of Homeland Security; Ms. Daniella Markheim, Jay Van 
Andel Senior Analyst in Trade Policy, Center for International 
Trade and Economics, The Heritage Foundation; Hon. Stuart 
Eizenstat, Partner at Covington and Burling, and Former Deputy 
Secretary of the Treasury; Hon. Roy Blunt, a Representative 
from the State of Missouri; Hon. Carolyn B. Maloney, a 
Representative from the State of New York.
    As a result of this oversight effort, the Committee worked 
with the Committee on Financial Services, and other interested 
Committees, to develop CFIUS reform legislation, H.R. 5337, the 
National Security Foreign Investment Reform and Strengthened 
Transparency Act of 2006. This legislation passed the House of 
Representatives on July 26, 2006 by a vote of 424 yeas and 0 
nays.

                       SAFETY ACT IMPLEMENTATION

    The Support Anti-Terrorism by Fostering Effective 
Technologies Act of 2002 (SAFETY Act), 6 U.S.C. 441 et seq.; 
Title VIII, Subtitle G of Public Law 107-296, the Homeland 
Security Act of 2002, is intended to encourage the development 
and deployment of anti-terrorism technologies by limiting the 
liability of sellers of the technology (and others in the 
distribution and supply chain) for third party claims arising 
out of an act of terrorism where the technology has been 
deployed to prevent, respond, to or recover from such act. 
Despite Congressional intent for broad application and use of 
the SAFETY Act protections, the Department of Homeland Security 
(Department) experienced difficulty generating interest in the 
program and developing efficient internal review processes.
    During the 109th Congress, the Committee engaged in 
oversight to improve the Department's SAFETY Act 
implementation. Committee Staff had regular interaction with 
Department officials to monitor the program's progress, 
including numerous briefings and other informal meetings. The 
Committee consulted with various stakeholders concerned with 
the pace and requirements of the SAFETY Act review process. As 
a result of the Committee's concern, the Committee on Homeland 
Security, the Committee on the Judiciary, and the Committee on 
Government Reform held a joint Majority Staff briefing on 
February 7, 2005. Representatives from the Department of 
Homeland Security Offices of Science and Technology and SAFETY 
Act Implementation (OSAI), discussed the latest developments 
and progress being made toward improving the SAFETY Act 
application process.
    On April 6, 2005, the Committee on Homeland Security sent a 
letter to the Department of Homeland Security's Under Secretary 
of the Science and Technology Directorate, requesting an update 
on the implementation of the SAFETY Act, including an estimate 
on the date by which revised regulations would be finalized. 
The letter further requested information for each of the SAFETY 
Act applications received by the Department. The Committee on 
Homeland Security received a response on May 5, 2005, and the 
Department provided further information throughout the summer 
months of 2005.
    The Committee's oversight activity in this area led to the 
development of legislation intended to improve implementation 
of the SAFETY Act. Section 303 of H.R. 1817, the Department of 
Homeland Security Authorization Act for Fiscal Year 2006, 
required the Secretary to study all Department procurements to 
identify those involving technology. Section 303 of H.R. 5814, 
the Department of Homeland Security Authorization Act for 
Fiscal Year 2007, essentially replicated the study required 
under H.R. 1817, but expanded upon the section to require the 
Secretary to ensure a sufficient number of personnel trained to 
apply economic, legal and risk analyses would be involved in 
the review and prioritization of anti-terrorism technologies. 
Under this section, the Secretary was also required to ensure 
coordination among DHS officials for implementing the SAFETY 
Act, and promoting the awareness and utilization of the program 
at the Federal, State and local level.
    On September 13, 2006, the Subcommittee on Management, 
Integration, and Oversight and the Subcommittee on Emergency 
Preparedness, Science, and Technology held a joint hearing 
entitled ``Helping Business Protect the Homeland: Is the 
Department of Homeland Security Effectively Implementing the 
SAFETY Act?'' The Subcommittees received testimony from Hon. 
Jay Cohen, Undersecretary for Science and Technology, 
Department of Homeland Security; Ms. Elaine C. Duke, Chief 
Procurement Officer, Department of Homeland Security; Mr. 
Andrew Howell, Vice President, Homeland Security Policy 
Division, U.S. Chamber of Commerce; Mr. Michael M. Meldon, 
Executive Director, Homeland Security and Defense Business 
Council; Mr. Stan Z. Soloway, President, Professional Services 
Council; and Brian E. Finch, Esq., Dickstein Shapiro, LLP.
    The Subcommittee's oversight in this area augmented the 
Department of Homeland Security's decision to revamp its 
implementation of the SAFETY Act by updating the application 
process, ensuring that the certification process dovetails with 
existing procurement processes, and minimizing the burdens 
imposed on businesses so that liability is not an impediment to 
developing and deploying anti-terrorism technologies for 
Federal, State, and local homeland security personnel.
    See discussion of H.R. 1817 listed above.

                   U.S. COAST GUARD DEEPWATER PROGRAM

    On September 7, 2006, the Chairman of the Committee on 
Homeland Security sent a letter to the Secretary of Homeland 
Security requesting a status update on the Office of Inspector 
General's ongoing investigation into allegations of 
mismanagement of the Coast Guard's Deepwater procurement 
program. On October 20, 2006, the Inspector General of the 
Department of Homeland Security sent a letter to the Chairman 
of the Committee on Homeland Security indicating that the 
Office of the Inspector General would be releasing a report on 
allegations of mismanagement in the Coast Guard's Deepwater 
program.

                      Full Committee Hearings Held

    Protecting Our Commerce: Port and Waterways Security. 
Hearing held March 22, 2005. Serial No. 109-5.
    The Department of Homeland Security: Promoting Risk-Based 
Prioritization and Management. Hearing held April 13, 2005. 
Serial No. 109-7.
    Grant Reform: The Faster and Smarter Funding for First 
Responders Act of 2005. Hearing held April 14, 2005. Serial No. 
109-8.
    The Secretary's Second-Stage Review: Re-thinking the 
Department of Homeland Security's Organization and Policy 
Direction. Hearing held July 14 and 25, 2005. Serial No. 109-
32.
    Federalism and Disaster Response: Examining the Roles and 
Responsibilities of Local, State, and Federal Agencies. Hearing 
held October 19, 2005. Serial No. 109-46.
    The President's Proposed Fiscal Year 2007 Budget for the 
Department of Homeland Security: Maintaining Vigilance and 
Improving Mission Performance in Securing the Homeland. Hearing 
held February 16, 2006. Serial No. 109-65.
    H.R. 4954, ``Security and Accountability For Every Port 
Act.'' Hearing held April 4, 2006. Serial No. 109-71.
    Proposed Legislation to Strengthen the Federal Emergency 
Management Agency and Better Integrate it into the Department 
and for Other Purposes. Hearing held May 9, 2006. Serial No. 
109-74.
    Are We Ready?: Implementing the National Strategy for 
Pandemic Influenza. Hearing held May 16, 2006. Serial No. 109-
77.
    The Need for CFIUS Reform to Address Homeland Security 
Concerns. Hearing held May 24, 2006. Serial No. 109-79.
    DHS Terrorism Preparedness Grants: Risk-Based or Guess-
Work? Hearing held June 21, 2006. Serial No. 109-86.
    The Department of Homeland Security: Major Initiatives for 
2007 and Beyond. Hearing held September 26, 2006. Serial No. 
109-106.

                      Full Committee Markups Held

    H.R. 1544, Faster and Smarter Funding for First Responders 
Act of 2005; was ordered favorably reported to the House, 
amended, by voice vote. April 21, 2005.
    H.R. 1817, Department of Homeland Security Authorization 
Act for FY 2006; was ordered favorably reported to the House, 
amended, by voice vote, April 27, 2005.
    H.R. 4312, Border Security and Terrorism Prevention Act of 
2005; was ordered favorably reported to the House, amended, by 
voice vote, November 16 and 17, 2005.
    H.R. 4954, SAFE Port Act; was ordered favorably reported to 
the House, amended, by voice vote, April 26, 2006.
    H.R. 5351, National Emergency Management Reform and 
Enhancement Act of 2006; was ordered favorably reported to the 
House, amended, by voice vote, May 17, 2006.
    H.R. 3197, Secure Handling of Ammonium Nitrate Act of 2005; 
was ordered favorably reported to the House, amended, by voice 
vote, June 14, 2006.
    H.R. 4941, Homeland Security Science and Technology 
Enhancement Act of 2006; was ordered favorably reported to the 
House, amended, by voice vote, June 14, 2006.
    H.R. 4942, Promoting Antiterrorism Capabilities Through 
International Cooperation Act; was ordered favorably reported 
to the House, amended, by voice vote, June 14, 2006.
    H.R. 5814, Department of Homeland Security Authorization 
for Fiscal Year 2007; was ordered favorably reported to the 
House, amended, by voice vote, July 19, 2006.
    H.R. 5695, to amend the Homeland Security Act of 2002 to 
provide for the regulation of certain chemical facilities, and 
for other purposes. ``Chemical Facility Anti-Terrorism Act of 
2006.''; was ordered favorably reported to the House, amended, 
by voice vote, July 27 and 28, 2006.
    H. Res. 396, expressing the sense of the House of 
Representatives that the employees of the Department of 
Homeland Security, their partners at all levels of government, 
and the millions of law enforcement agents and emergency 
response providers nationwide should be commended for their 
dedicated service on the Nation's front lines in the war 
against terrorism.; was ordered favorably reported to the 
House, without amendment, by voice vote. July 28, 2005.
    H. Res. 463, a resolution of inquiry directing the 
Secretary of Homeland Security to provide certain information 
to the House of Representatives relating to the reapportionment 
of airport screeners; was ordered to be reported to the House, 
adversely, without amendment, by voice vote, October 26, 2005.
    H. Res. 809, a resolution directing the Secretary of the 
Department of Homeland Security to transmit to the House of 
Representatives not later than 14 days after the date of the 
adoption of this resolution documents in the Secretary's 
possession relating to any existing or previous agreement 
between the Department of Homeland Security and Shirlington 
Limousine and Transportation, Incorporated, of Arlington, 
Virginia.; was ordered to be reported to the House, adversely, 
without amendment, by voice vote, May 24, 2006.

                      Full Committee Meetings Held

    Organizational Meeting and adoption of the Rules. February 
9, 2005.
    Business Meeting. July 28, 2005.
    Business Meeting to change the Rules of the Committee. 
October 7, 2006.

             Full Committee Site Visits and Briefings Held

    Site Visit of the Port of Vicksburg, Mississippi. March 21, 
2005.
    Congressional Delegation to the Republic of Austria, the 
Hashemite Kingdom of Jordan, the State of Israel, the Arab 
Republic of Egypt, and the Kingdom of Morocco. July 30 through 
August 7, 2005.
    Site Visit of the Southwest Border areas including: Texas, 
New Mexico and Arizona. August 16 through 19, 2005.
    Member Briefing on the U.S. Coast Guard's disaster response 
capabilities. September 27, 2005.
    Member briefing on New York Subway terrorism threat. 
October 18, 2005.
    Congressional Delegation to the United Kingdom; the Italian 
Republic; and the Kingdom of Spain. January 8 through 14, 2006.
    Member briefing with the Permanent Select Committee on 
Intelligence on the acquisition of terminal operations at six 
United States ports by Dubai Port World (DPW). March 1, 2006.
    Member briefing on the Transportation Security 
Administration airline passenger prescreening watchlist. March 
30, 2006.
    Member briefing on the recently announced grant awards to 
States and urban areas under the State Homeland Security Grant 
Program, the Urban Area Security Initiative, and the Law 
Enforcement Terrorism Prevention Program. June 7, 2006.
    Member briefing on the National Asset Database. July 20, 
2006.
    Member briefing on the recent plot to detonate liquid 
explosives carried on airliners traveling from the United 
Kingdom to the United States. September 14, 2006.
      Subcommittee on Prevention of Nuclear and Biological Attack

                     JOHN LINDER, Georgia, Chairman

James R. Langevin, Rhode Island      Don Young, Alaska
Edward J. Markey, Massachusetts      Christopher Shays, Connecticut
Norman D. Dicks, Washington          Daniel E. Lungren, California
Jane Harman, California              Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Prevention of terrorist attacks on the United States 
involving nuclear and biological weapons, including the Department of 
Homeland Security's role in nuclear and biological counter-
proliferation and detection of fissile materials, biological weapons, 
precursors, and production equipment; the Department of Homeland 
Security's role in detecting and interdicting commerce in and transit 
of nuclear and biological weapons, components, precursors, delivery 
systems, and production equipment; development and deployment of 
sensors to detect nuclear and biological weapons, components, 
precursors, and production equipment; inspections conducted 
domestically and abroad to detect and interdict nuclear and biological 
weapons, components, precursors, delivery systems, and production 
equipment; nuclear and biological threat certification and 
characterization; preventative use of technology, including forensic 
analytic techniques, to attribute nuclear and biological weapons-
related samples to their sources; border, port, and transportation 
security designed to prevent nuclear and biological attacks on the 
United States; integration of federal, state, and local efforts to 
prevent nuclear and biological attacks, including coordination of 
border security initiatives for this purpose; conducting relevant 
oversight; and other matters referred to the Subcommittee by the 
Chairman.

    During the 109th Congress, the Subcommittee on Prevention 
of Nuclear and Biological Attack conducted extensive hearings 
and briefings on a wide range of issues relating to countering 
the threat posed by terrorist events involving chemical, 
biological, radiological, and nuclear (CBRN) agents and 
materials. Subcommittee Members and Staff regularly met with, 
and received briefings from, representatives from the 
Department of Homeland Security, the Department of Defense, the 
Department of State, the Department of Health and Human 
Services, various other Federal entities, State and local 
governments, and the private sector to carry out its 
legislative and oversight activities, which focused on the 
following areas within the Subcommittee's jurisdiction: (1) 
threat characterization and analyses; (2) CBRN countermeasures 
including oversight of Project Bioshield and the Department's 
risk and threat assessments; (3) preventing nuclear and 
radiological materials from entering the United States; (4) 
counter-proliferation and threat reduction programs; and (5) 
biodefense and biosecuriy strategies, including those 
addressing emerging threats such as an avian influenza 
pandemic, engineered threats, and threats to United States 
agriculture.
    The Subcommittee assisted the Full Committee in drafting 
and negotiating the provisions of the ``SAFE Port Act'' which 
codifies the Domestic Nuclear Detection Office, set 
requirements for technology assessments prior to systems 
acquisition, and further direct the Department's nuclear 
detection efforts at domestic and foreign seaports. The 
Subcommittee also assisted the Full Committee in the 
development of the ``Secure Handling of Ammonium Nitrate Act,'' 
by passing it out of the Subcommittee in December 2005 and also 
in steering its ultimate passage through the Full Committee 
unanimously in May 2006.

Legislative Activities of the Subcommittee on Prevention of Nuclear and 
                           Biological Attack


            SECURE HANDLING OF AMMONIUM NITRATE ACT OF 2005

                               H.R. 3197

    To authorize the Secretary of Homeland Security to regulate 
the production, storage, sale, and distribution of ammonium 
nitrate on account of the prior use of ammonium nitrate to 
create explosives used in acts of terrorism and to prevent 
terrorists from acquiring ammonium nitrate to create 
explosives.

Summary

    H.R. 3197 requires ammonium nitrate ``handlers,'' i.e. any 
person that produces or sells ammonium nitrate, to register 
with the Department of Homeland Security and report the amount 
of ammonium nitrate sold or produced at each of the handlers' 
respective facilities. H.R. 3197 also requires ammonium nitrate 
handlers to maintain records of each sale or transfer of 
ownership of ammonium nitrate for a three year period from the 
date of sale or transfer. Another provision requires handlers 
to verify the identity of ammonium nitrate purchasers through 
an identification procedure determined appropriate by the 
Secretary of the Department of Homeland Security. The Committee 
intended H.R. 3197 to aid law enforcement counterterrorism 
efforts by creating a paper trail for crimes involving 
purchases of ammonium nitrate and will also support honest 
retailers in their efforts to prevent terrorism.

Legislative History

    H.R. 3197 was introduced by Mr. Weldon and five original 
co-sponsors on June 30, 2005, and referred solely to the 
Committee on Homeland Security. Within the Committee, H.R. 3197 
was referred to the Subcommittee on Prevention of Nuclear and 
Biological Attack.
    On December 14, 2005, the Subcommittee on Prevention of 
Nuclear and Biological Attack held a hearing on H.R. 3197. The 
Subcommittee received testimony from Dr. Jimmie C. Oxley, 
Professor of Chemistry, University of Rhode Island; Mr. James 
W. McMahon, Director, New York State Office of Homeland 
Security; Mr. Gary W. Black, President, Georgia Agribusiness 
Council, Inc.; Mr. William Paul O'Neill, Jr., President, 
International Raw Materials, testifying on behalf of 
Agricultural Retailers Association; Mr. Carl Wallace, Plant 
Manager, Terra Mississippi Nitrogen, Inc., testifying on behalf 
of The Fertilizer Institute.
    On December 14, 2005, the Subcommittee on Prevention of 
Nuclear and Biological Attack considered H.R. 3197 and 
favorably forwarded the bill to the Full Committee for 
consideration, amended, by a recorded vote of 9 yeas and 0 
nays.
    On June 14, 2006, the Committee on Homeland Security met to 
consider H.R. 3197, and ordered the measure reported to the 
House, amended, by voice vote.

             PROJECT BIOSHIELD MATERIAL THREATS ACT OF 2006

Summary

    The Committee Print entitled ``Project Bioshield Material 
Threats Act of 2006'' modified the Department's material threat 
assessment responsibilities under Section 319F 2(c)(2)(A) of 
the Public Health Service Act (42 U.S.C. 247d 6b(c)(2)(A)), to 
provide for the use of existing risk assessments to expedite 
the development of material threat assessments, and conducting 
such assessments for groups of agents to facilitate the 
development of broad countermeasures that may address more than 
one agent.

Legislative History

    The Subcommittee on Prevention of Nuclear and Biological 
Attack considered a Committee Print entitled ``Project 
Bioshield Material Threats Act of 2006'' on March 14, 2006 and 
forwarded the measure to the Full Committee for consideration, 
without amendment, by voice vote.
    The text of the Committee Print was introduced as a clean 
measure, H.R. 5028, on March 28, 2006, by Mr. Linder, Mr. 
Langevin, Mr. McCaul of Texas, Mr. Shays, Mr. Simmons, Mr. 
Thompson of Mississippi, Mr. Dicks, Mr. Dent, and Ms. Jackson-
Lee of Texas, and referred to the Committee on Homeland 
Security, and the Committee on Energy and Commerce.
    The text of the Committee Print was also included in Title 
VI of H.R. 5814, the Department of Homeland Security 
Authorization Act for FY 2007, which was ordered reported by 
the Committee on July 19, 2006. See discussion of H.R. 5814, 
listed above.

                  OFFICE OF DOMESTIC NUCLEAR DETECTION

Summary

    The Committee Print entitled ``Office of Domestic Nuclear 
Detection'' establishes within the Department of Homeland 
Security an Office of Domestic Nuclear Detection to protect 
against the unauthorized importation, possession, storage, 
transportation, development, or use of a nuclear explosive 
device, fissile material, or radiological material against the 
United States.

Legislative History

    The Subcommittee on Prevention of Nuclear and Biological 
Attack considered a Committee Print entitled ``Office of 
Domestic Nuclear Detection'' on March 14, 2006 and forwarded 
the measure to the Full Committee for consideration, without 
amendment, by voice vote.
    The text of the Committee Print was introduced as a clean 
measure, H.R. 5029, on March 28, 2006, by Mr. Linder, Mr. 
Langevin, Mr. King of New York, Mr. McCaul of Texas, Mr. Shays, 
Mr. Simmons, Mr. Thompson of Mississippi, Mr. Dicks, Mr. Dent, 
Mr. Daniel E. Lungren of California, and Ms. Jackson-Lee of 
Texas, and was referred to the Committee on Homeland Security.
    The text of the Committee Print was enacted as Title V of 
H.R. 4954, the SAFE Port Act of 2006 (P.L. 109-347). See 
discussion of H.R. 4954, listed above.

 Oversight Activities of the Subcommittee on Prevention of Nuclear and 
                           Biological Attack


                     COUNTERING THE NUCLEAR THREAT

    During the 109th Congress, the Subcommittee conducted 
extensive hearings and briefings on countering the threat posed 
by nuclear materials in the hands of terrorists and State 
sponsors of terrorism. In overseeing efforts to prevent nuclear 
materials from being employed as weapons of terror against the 
United States, the Subcommittee concentrated its efforts on 
detecting the presence of nuclear and radiological materials at 
United States ports and borders, securing nuclear materials, 
and assessing the effectiveness of non-proliferation and threat 
reduction programs.
    On March 15, 2005, the Subcommittee held a hearing entitled 
``Nuclear Terrorism: Protecting the Homeland.'' This hearing 
focused on the threat of nuclear terrorism, current efforts to 
prevent terrorists from gaining access to or using a nuclear 
device in the United States, and assessed the level of 
coordination existing between non-proliferation and detection 
programs across the executive branch. The Subcommittee received 
testimony from Mr. Paul M. Longworth, Deputy Administrator for 
Defense Nuclear Nonproliferation, National Nuclear Security 
Administration; Mr. Paul McHale, Assistant to the Secretary of 
Defense for Homeland Defense, Department of Defense; Mr. Willie 
T. Hutton, Assistant Director, Counterterrorism Division, 
Federal Bureau of Investigations; and Mr. Charles E. McQueary, 
Under Secretary, Directorate of Science and Technology, 
Department of Homeland Security. Prior to this hearing, 
personnel from the entities represented at the hearing provided 
a classified briefing on the same topic to Subcommittee 
Members.
    Subcommittee Members participated in ``Masked Dragon'' on 
March 30, 2005. The purpose of this exercise was to elicit 
discussion of response options available to the United States 
to prevent the threat, and use, of a nuclear weapon against the 
United States, its friends, or allies following a postulated 
series of provocations by the Democratic People's Republic of 
Korea. The Office of the Secretary of Defense sponsored the 
event as part of its Strategic Policy Forum at the National 
Defense University.
    On April 19 and 20, 2005, the Subcommittee held a hearing 
entitled ``DHS Coordination of Nuclear Detection Efforts.'' 
This hearing reviewed the President's request in Homeland 
Security Policy Directive 14(Domestic Nuclear Detection, April 
15, 2005) (HSPD-14) to create a Domestic Nuclear Detection 
Office (DNDO) within the Department of Homeland Security and 
explored the appropriate structure, role, and responsibilities 
of DNDO, particularly with regard to its relationships with 
other Federal entities with nuclear prevention missions. On 
Tuesday, April 19, 2005, the Subcommittee received testimony 
from Dr. Graham Allison, Director of the Belfer Center for 
Science and International Affairs, Harvard University; Dr. Fred 
Ikle, Center for Strategic and International Studies; and Col. 
Randy Larsen (Ret. USAF), Chief Executive Officer, Homeland 
Security Associates, LLC. On Wednesday, April 20, 2005, the 
Subcommittee received testimony from Mr. Vayl Oxford, Acting 
Director, Domestic Nuclear Detection Office, Department of 
Homeland Security.
    The Subcommittee held a hearing entitled ``Building a 
Nuclear Bomb: Identifying Early Indicators of Terrorist 
Activities'' on May 26, 2005. This hearing examined the means 
by which terrorists may gain access to dangerous nuclear 
materials and discussed the Federal government's numerous 
programs aimed at reducing the risk of a nuclear terrorist 
attack against the United States. The Subcommittee received 
testimony from Mr. David Albright, Director, Institute for 
Science and International Security; Ambassador Ronald F. 
Lehman, II, Director, Center for Global Security Research; and 
Ms. Laura S. H. Holgate, Vice President for Russia/New 
Independent States Programs, Nuclear Threat Initiative.
    On June 21, 2005, the Subcommittee, in conjunction with the 
Subcommittee on Emergency Preparedness, Science, and 
Technology, held a joint hearing entitled ``Detecting Nuclear 
Weapons and Radiological Materials: How Effective Is Available 
Technology?'' This hearing examined the roles of the Federal 
entities with nuclear smuggling prevention missions, discussed 
the effectiveness of installed radiation detection portal 
monitors and other detection technologies, and addressed 
ongoing research and development efforts to test and evaluate 
next generation detection technologies. The Subcommittees 
received testimony from Mr. Gene Aloise, Director, Natural 
Resources and Environment, Government Accountability Office; 
Dr. Richard L. Wagner, Jr., Chair, Defense Science Board Task 
Force on Prevention of, and Defense Against, Clandestine 
Nuclear Attack and Senior Staff Member, Los Alamos National 
Laboratory; Ms. Bethann Rooney, Manager, Port Security, Port 
Authority of New York & New Jersey; Dr. Benn Tannenbaum, 
American Association for the Advancement of Science; Mr. Vayl 
Oxford, Acting Director, Domestic Nuclear Detection Office, 
Department of Homeland Security; Mr. Michael K. Evenson, Acting 
Director, Combat Support Directorate, Defense Threat Reduction 
Agency, Department of Defense; and Mr. David Huizenga, 
Assistant Deputy Administrator, International Material 
Protection and Cooperation, National Nuclear Security 
Administration, Department of Energy.
    The Subcommittee held a hearing entitled ``Pathways to the 
Bomb: Security of Fissile Materials Abroad'' on June 28, 2005. 
This hearing examined the location and security of fissile 
materials around the world with a focus on states other than 
those of the former Soviet Union. The Subcommittee received 
testimony from Mr. David Albright, Director, Institute for 
Science and International Security; and Ms. Rose Gottemoeller, 
Senior Associate, Carnegie Endowment for International Peace. 
On the same date, the Subcommittee also received a classified 
briefing on this issue from representatives from the 
Administration.
    On August 1, 2005, the Chairman of the Subcommittee issued 
a request to the Governmental Accountability Office (GAO) to 
examine the development and deployment of radiation portal 
monitors to assess the effectiveness of current and planned 
detection systems. On August 29, 2005, GAO agreed to examine 
the issue. In a letter to the Subcommittee Chairman and Ranking 
Member dated June 9, 2006, GAO again agreed to further examine 
this issue by reviewing radiation detection equipment.
    The Subcommittee held a hearing entitled ``Trends in 
Illicit Movement of Nuclear Materials'' on September 22, 2005. 
This hearing examined known cases of nuclear smuggling and 
focused on how terrorists might exploit existing narcotics 
networks and criminal organizations to transport nuclear 
material or a nuclear explosive device internationally, and 
ultimately to the United States. The Subcommittee received 
testimony from Dr. Rensselaer Lee, President, Global Advisory 
Services; Dr. Raymond J. Juzaitis, Associate Director, 
Nonproliferation, Arms Control, and International Security, 
Lawrence Livermore National Laboratory, University of 
California; and Mr. Glenn E. Schweitzer, Director for Central 
Europe and Eurasia, The National Academy of Sciences.
    On January 23 and 24, 2006, Members of the Subcommittee 
conducted a site visit of the Department of Homeland Security's 
Radiological/Nuclear Countermeasures Test and Evaluation 
Complex in Las Vegas, Nevada. In order to support its function 
as the coordinator of the domestic nuclear detection 
architecture, DNDO conducts research, development, testing and 
evaluation (RDT&E) to improve capabilities for detecting, 
identifying and reporting the movement of nuclear and 
radiological materials. To facilitate such RDT&E, DNDO 
established the Radiological/Nuclear Countermeasures Test and 
Evaluation Complex at the Nevada Test Site with the cooperation 
of the Department of Energy, the National Nuclear Security 
Administration, and Bechtel Nevada to provide a unique facility 
dedicated to enhancing the Nation's ability to deter the threat 
of nuclear or radiological attack. This facility provides the 
ability to conduct testing and evaluation of technology against 
special nuclear material in a realistic and near-real world 
environment.
    The Subcommittee held a classified Member briefing on U.S. 
nuclear reactor security on February 14, 2006. Representatives 
from the Nuclear Regulatory Commission briefed Members on the 
security of nuclear research and test reactors within the 
United States.
    On May 25, 2006, the Subcommittee held a hearing entitled 
``Enlisting Foreign Cooperation in U.S. Efforts to Prevent 
Nuclear Smuggling.'' This hearing discussed the respective 
experiences of the Department of Homeland Security, the 
Department of Energy, and the Department of State in 
implementing bilateral programs to counter nuclear smuggling. 
In addition, the hearing examined and compared the terms of the 
agreements reached, as well as implementation successes and 
setbacks, in order to determine how to best encourage foreign 
participation, monitor implementation, and ensure program 
success. The Subcommittee received testimony from Mr. Jayson 
Ahern, Assistant Commissioner for Field Operations, Customs and 
Border Protection, Department of Homeland Security; Mr. David 
Huizenga, Assistant Deputy Administrator, International 
Material Protection and Cooperation, National Nuclear Security 
Administration, Department of Energy; Mr. Frank Record, Acting 
Assistant Secretary of State for International Security and 
Nonproliferation, Department of State; and Mr. Vayl Oxford, 
Director, Domestic Nuclear Detection Office, Department of 
Homeland Security.
    On December 3, 2006, Subcommittee Staff visited the Indian 
Point Energy Center, a nuclear energy plant in Buchanan, New 
York. This facility is owned by Energy Nuclear Northeast and is 
located on the Hudson River, approximately 25 miles north of 
Manhattan. The purpose of this trip was to observe nuclear 
reactor facility security measures, determine how the facility 
interacts with the Department of Homeland Security, and learn 
about facility cooperation with State and local first 
responders in order to respond to a potential attack or 
accident at the facility.

                               BIODEFENSE

    Recognizing that biological weapons pose a unique and 
challenging threat to the United States, the President issued 
Homeland Security Presidential Directive 10(Biodefense for the 
21st Century, April 28, 2004) (HSPD-10), a strategy for a 
coordinated national biodefense program. This strategy 
specifies the key roles of Departments and Agencies with 
biodefense missions, including the Department of Homeland 
Security, the Department of Health and Human Services, and the 
Department of Defense, and defined the four pillars of the 
national biodefense program: Threat Awareness, Prevention and 
Protection, Surveillance and Detection, and Response and 
Recovery. As part of its oversight of biodefense, the 
Subcommittee held extensive hearings and briefings on the 
implementation of the Biodefense for the 21st Century strategy, 
and focused on the Department of Homeland Security's role in 
performing biological risk and threat assessments to facilitate 
countermeasure research and development, biological agent 
detection (BioWatch) and surveillance, agro-terrorism, 
biosecurity, and other areas relating to preventing, deterring, 
and mitigating the consequences of attacks involving biological 
weapons.
    On June 9, 2005, Subcommittee Members visited the Centers 
for Disease Control and Prevention (CDC) in Atlanta, Georgia. 
The Members toured CDC's Emergency Operations Center, discussed 
the need for early detection and warning systems, and received 
briefings on the Strategic National Stockpile and the Select 
Agent Program.
    The Subcommittee held a hearing entitled ``Engineering Bio-
Terror Agents: Lessons from the Offensive U.S. and Russian 
Biological Weapons Programs'' on July 13, 2005. This hearing 
examined known capabilities in biowarfare and examined the 
technical challenges to engineering biological warfare agents 
as part of a broader review of the Department of Homeland 
Security's bio- threat assessment activities. The Subcommittee 
received testimony from Dr. Kenneth Alibek, Executive Director, 
Center for Biodefense, George Mason University; Dr. Roger 
Brent, Director and President, Molecular Sciences Institute; 
and Dr. Michael V. Callahan, Director, Biodefense & Mass 
Casualty Care, CIMIT/Massachusetts General Hospital.
    On July 28, 2005, the Subcommittee held a hearing entitled 
``Implementing the National Biodefense Strategy.'' This hearing 
discussed the national biodefense strategy as articulated by 
HSPD-10 and examined efforts underway to prevent a bioterrorist 
attack with an emphasis on the research and development of 
biological agent countermeasures by the relevant agencies (the 
Departments of Homeland Security, Defense, and Health and Human 
Services), and their respective abilities to collaboratively 
carry out the strategy of HSPD-10. The Subcommittee received 
testimony from Dr. Julie Gerberding, Director, Centers for 
Disease Control and Prevention, Department of Health and Human 
Services; Dr. Tony Fauci, Director, National Institutes of 
Allergy and Infectious Diseases, National Institutes of Health, 
Department of Health and Human Services; Brigadier General Eric 
B. Schoomaker, Commanding General, United States Army Medical 
Research and Materiel Command; and Dr. John Vitko, Director, 
Biological Countermeasure Portfolio, Science and Technology 
Directorate, Department of Homeland Security.
    The Subcommittee held a briefing entitled ``Biological 
Weapons Threat Assessment'' on September 15, 2005. 
Representatives from the Department of Homeland Security and 
Harvard Medical School/Massachusetts General Hospital briefed 
Members on the Department of Homeland Security's material 
threat assessment (MTA) process which guides acquisitions under 
Project BioShield. Due to the inherent dual use nature of 
biotechnology, rapid scientific advances, and the dispersal of 
scientific knowledge and capabilities biological threats pose 
unique challenges. It is conceivable that development of new 
bio-weapons technology could outpace the MTA process. In fact, 
nine of sixteen epizoonotic agents are endemic to all 
countries, and international tracking is voluntary and is not 
integrated. This briefing addressed the current state of bio-
weapons risk assessment that will include intent, agent, 
technology, and expertise.
    On November 3, 2005 and May 4, 2006, the Subcommittee held 
a series of hearings entitled ``BioScience and the Intelligence 
Community.'' Intelligence is a necessary component of 
Department of Homeland Security biological risk and threat 
assessments which facilitate research and development of 
countermeasures. The intelligence community is able to discern 
or anticipate a potential terrorist threat from seemingly 
innocuous research only when it has a firm grasp of cutting 
edge biosciences and knows how to recognize such threats. Given 
the best source for bioscience knowledge lies within the 
scientific community and not within the intelligence community, 
the Subcommittee focused these two hearings on how the 
intelligence community utilizes bioscience experts to identify 
and analyze bioterrorism risks. They also discussed how the 
U.S. government can bridge the ideological gap between the 
intelligence community and the bioscience community. The 
Subcommittee received testimony on November 3, 2005 from Dr. 
David A. Relman, Associate Professor, Microbiology and 
Immunology, and of Medicine, Stanford University; Dr. David R. 
Franz, Vice President and Chief Biological Scientist, Midwest 
Research Institute; and Mr. Michael J. Hopmeier, Chief, 
Innovative and Unconventional Concepts, Unconventional 
Concepts, Inc. On May 4, 2006, the Subcommittee continued its 
hearing focusing on ``Closing the Gap.'' The Subcommittee 
received testimony from Ambassador Kenneth Brill, Director, 
National Counterproliferation Center, Office of the Director of 
National Intelligence; Mr. Charles Allen, Chief Intelligence 
Officer, Department of Homeland Security; Mr. Bruce Pease, 
Director, Weapons Intelligence, Nonproliferation and Arms 
Control, Central Intelligence Agency; and Dr. Alan MacDougall, 
Chief, Counterproliferation Support Office, Defense 
Intelligence Agency accompanied by Dr. Joy Miller, Chief 
Scientist, Armed Forces Medical Intelligence Center (AFMIC).
    On January 6, 2006, and October 30, 2006, Subcommittee 
Staff conducted site visits to the United States Army Medical 
and Material Command (USAMRMC) and AFMIC at Fort Detrick, 
Maryland. As part of the National Interagency Biodefense 
Campus, USAMRMC and AFMIC, respectively, conduct programs and 
activities relating to biological countermeasure development 
and medical intelligence. The purpose of the trips was to 
inform Subcommittee Staff about the these programs and 
activities and how they are relevant the Department of Homeland 
Security's biodefense initiatives.
    The Subcommittee met in executive session to receive a 
classified briefing on the Biennial Biological Risk Assessment 
mandated by HSPD-10 on March 7, 2006. The Subcommittee was 
briefed by representatives of the Department of Homeland 
Security.
    On March 28, 2006, the Subcommittee held a Member briefing 
entitled ``Security Restraints on Biological Research: Where 
are the boundaries?'' Experts in biosecurity from the 
University of Texas Medical Branch and the University of 
Louisville, Kentucky, briefed Members on the challenge of 
balancing national security interests with the benefits of 
openness in the bioscience research community.
    The Subcommittee held a hearing entitled ``Creating a 
Nation-wide, Integrated Biosurveillance Network'' on May 11, 
2006. This hearing examined the status of the implementation of 
Federal biosurveillance programs, and in particular, the 
National Biosurveillance Integration System (NBIS). NBIS is the 
Department of Homeland Security's single focal point for the 
collection of human health, animal, plant, food, water, 
environmental, and climate surveillance data from data feeds of 
various Federal agencies and other entities. The Subcommittee 
received testimony from Dr. Kimothy Smith, Chief Veterinarian, 
Chief Scientist, and Acting Deputy Chief Medical Officer, 
Department of Homeland Security; Dr. John Vitko, Director of 
Biological Countermeasures, Directorate of Science and 
Technology, Department of Homeland Security; Dr. Rich Besser, 
Director, Coordinating Office of Terrorism Preparedness and 
Emergency Response, Centers for Disease Control and Prevention; 
Ms. Ellen Embrey, Deputy Assistant Secretary of Defense for 
Force Health Protection and Readiness, Department of Defense; 
and Dr. John Clifford, Deputy Administrator for Veterinary 
Services, Animal and Plant Health Inspection Services, 
Department of Agriculture.
    On June 7, 2006, the Chairman of the Subcommittee 
cosponsored a request with the Chairman of the Subcommittee on 
National Security, Emerging Threats and International 
Relations, Committee on Government Reform, to the Government 
Accountability Office to study the consequences of the 
proliferation of biosafety and biocontainment laboratories.
    The Subcommittee held a field hearing in Athens, Georgia 
entitled ``Agroterrorism's Perfect Storm: Where Human and 
Animal Disease Collide'' on August 24, 2006. The purpose of 
this hearing was to increase awareness of the relationships 
between zoonotic diseases, bioterrorism, and agroterrorism. It 
examined Federal prevention and preparedness strategies in this 
area, analyzing various agencies' approaches and priorities in 
combating agroterrorism and the threats posed by zoonotic 
diseases. The Subcommittee received testimony from Dr. Edward 
Knipling, Administrator, Agricultural Research Service, 
Department of Agriculture; Dr. Jeff Runge, Chief Medical 
Officer, Department of Homeland Security; Dr. Lonnie King, 
Senior Veterinarian, Centers for Disease Control and 
Prevention, Department of Health and Human Services; Dr. Corrie 
Brown, Josiah Meigs Distinguished Teaching Professor, School of 
Veterinary Medicine, University of Georgia; Dr. Paul Williams, 
Special Assistant, Office of Homeland Security, State of 
Georgia; and Mr. Gary Black, Member, Georgia Rural Development 
Council, State of Georgia.
    On September 7, 2006, the Subcommittee held a classified 
Member briefing on the establishment of the Department of 
Homeland Security's National Biodefense Analysis and 
Countermeasures Center (NBACC), part of the National Biodefense 
Campus at Ft. Detrick, Maryland. The briefing examined the role 
of the NBACC in the Nation's biodefense strategy, the status of 
its development and construction, and the plan for 
transitioning its current programs to the new location once it 
becomes fully operational.
    On October 20, 2006, the Subcommittee Chairman joined a 
group of House and Senate Members in cosponsoring a request to 
the Government Accountability Office to conduct an assessment 
of the Federal Government's efforts to detect and deter 
biological threats. The request letter sought the examination 
of the Government's methodology for determining the 
effectiveness of detection technologies, the effectiveness of 
technologies under development, plans in place to test and 
evaluate new technologies, and costs associated with the 
development of new technologies, among other issues.
    Subcommittee Staff traveled to Long Island, New York, on 
December 4, 2006, to tour the Plum Island Animal Disease Center 
(PIADC). The Homeland Security Act of 2002 (P.L. 107-296) 
transferred ownership and operation of PIADC from the 
Department of Agriculture (USDA) to the Department of Homeland 
Security (DHS). Plans are underway to consolidate PIADC 
programs into a proposed National Biological and Agro Defense 
Facility on the mainland which will be operated by DHS. Staff 
visited the a PIADC biocontainment laboratory, toured the 
island, observed facility security measures, and discussed DHS 
and USDA research programs with PIADC scientists.

                       SECURING AMMONIUM NITRATE

    On December 14, 2005, the Subcommittee held a hearing on 
H.R. 3197, the Secure Handling of Ammonium Nitrate Act of 2005, 
to discuss the need for regulation of the sale of this 
potentially dangerous material and to examine the implications 
of proposed regulation. The Subcommittee received testimony 
from Dr. Jimmie C. Oxley, Professor of Chemistry, University of 
Rhode Island; Mr. James W. McMahon, Director, New York State 
Office of Homeland Security; Mr. Gary W. Black, President, 
Georgia Agribusiness Council, Inc.; Mr. William Paul O'Neill, 
Jr., President, International Raw Materials, testifying on 
behalf of Agricultural Retailers Association; and Mr. Carl 
Wallace, Plant Manager, Terra Mississippi Nitrogen, Inc., 
testifying on behalf of The Fertilizer Institute. The 
Subcommittee also met on December 14, 2005 in open markup 
session and favorably forwarded H.R. 3197 to the Full Committee 
for consideration, amended, by a recorded vote of 9 yeas and 0 
nays. On June 14, 2006, the Full Committee met in open markup 
session and favorably ordered H.R. 3197 reported to the House, 
amended, by voice vote.

 PROLIFERANT STATES AND REDUCING THREATS OF WEAPONS OF MASS DESTRUCTION

    Proliferant Nation-States that actively support terrorism 
pose unique challenges to combating terrorism, in general, and 
chemical, biological, radiological, and nuclear (CBRN) 
terrorism in particular. In order to highlight these 
challenges, the Subcommittee held a hearing on September 8, 
2005 entitled ``WMD Terrorism and Proliferant States'' to 
review the nature of Iranian assistance to Hezbollah and other 
terrorist organizations and examined questions such as: (1) 
what is the nature and extent of Iranian operational support 
for terrorist attacks?; (2) what are the objectives of those 
attacks?; and (3) how should that information factor into 
Department of Homeland Security assessments of the threat of 
CBRN terrorism. The Subcommittee received testimony from Mr. 
Gregory F. Giles, Public Witness; Dr. Daniel Byman, Director, 
Center for Peace and Security Studies, Georgetown University, 
and Senior Fellow, Saban Center for Middle East Policy, The 
Brookings Institution; and Dr. Ray Takeyh, Senior Fellow, 
Middle Eastern Studies, Council on Foreign Relations.
    The Subcommittee held a briefing on May 2, 2006, to examine 
findings from the Defense Science Board's 2005 summer study 
entitled ``Reducing Vulnerabilities to Weapons of Mass 
Destruction.'' A representative from the Defense Science Board 
and Thread Reduction Advisory Council reviewed the study's 
findings related to countering the threat of Weapons of Mass 
Destruction (WMD), prioritizing investments in WMD defense and 
developing an organizational construct to best serve the 
implementation of an integrated WMD defense, both nationally 
and within the Department of Defense.
    On June 22, 2006, the Subcommittee held a hearing entitled 
``Reducing Nuclear and Biological Threats at the Source.'' This 
hearing examined the danger posed when Nation States end or 
diminish, leaving behind a legacy of dangerous material and 
personnel with dangerous skills. In particular, the hearing 
focused on the United States' efforts to prevent these 
materials and skills from falling into the hands of terrorists 
or their State sponsors. The Subcommittee received testimony 
from Mr. Jerry Paul, Principal Deputy Administrator, National 
Nuclear Security Administration, Department of Energy; Mr. 
Frank Record, Acting Assistant Secretary, Bureau of 
International Security and Nonproliferation, Department of 
State; Mr. Jack David, Deputy Assistant Secretary, 
International Security Policy, Department of Defense; Dr. Igor 
Khripunov, Associate Director, Center for International Trade 
and Security, University of Georgia; and Dr. David Franz Vice 
President and Chief Biological Scientist, Midwest Research 
Institute.

                        MITIGATION/CONSEQUENCES

    Terrorist attacks against the United States that employ 
biological or nuclear weapons have the potential to cause 
catastrophic events. Mitigating the effects of such events 
poses challenges unique from the requirements of mitigating the 
potential destruction caused by natural disasters. Particularly 
with regard to biological attacks, there may be a window of 
opportunity to mitigate catastrophe because there may be a 
period of latency before symptoms of a biological attack 
appear.
    On October 20, 2005, the Subcommittee held a hearing 
entitled ``Mitigating Catastrophic Events through Effective 
Medical Response.'' This hearing examined how an integrated 
medical response can mitigate the consequences of a nuclear or 
biological attack. The Subcommittee received testimony from Dr. 
Roy L. Alson, Associate Professor, Emergency Medicine, Wake 
Forest University School of Medicine; Dr. Richard Bradley, 
Medical Director, Emergency Center LBJ General Hospital, 
University of Texas Health Science Center at Houston; Dr. 
Donald F. Thompson, Senior Research Fellow, Center for 
Technology and National Security Policy, National Defense 
University; and Dr. Jenny E. Freeman, President and CEO, 
Hypermed, Inc.
    The Subcommittee held a hearing entitled ``Nuclear Incident 
Response Teams'' on October 27, 2005. The Subcommittee examined 
the capabilities of these response teams, how they operate, and 
how their assets are incorporated into the Department of 
Homeland Security's overall strategy for preventing nuclear or 
radiological attacks against the United States.
    On November 10, 2005, the Subcommittee held a Member 
briefing on medical countermeasures in response to a nuclear 
attack. The Subcommittee was briefed by representatives from 
the University of Georgia and the Center for Public Health 
Preparedness and Emergency Response.
    In early March 2005, three potential anthrax related 
incidents occurred at Department of Defense mail facilities. On 
March 24, 2006, the Subcommittee hosted a briefing for 
Committee Members and Staff on those false positive incidents. 
Representatives from the Department of Defense and the RAND 
Corporation briefed Staff on the incident.

                           PANDEMIC INFLUENZA

    The rapid spread of the avian influenza virus H5N1 in 2006 
heightened concerns that the United States may face a 1918 
Spanish flu-type pandemic that would not only affect the health 
of the Nation, but could impact every sector of the economy. In 
recognition of the significance of a potential avian influenza 
pandemic, and because of the important coordinating role of the 
Department of Homeland Security in preparing for and responding 
to a potential outbreak, the Subcommittee actively conducted 
oversight of Federal anti-influenza efforts.
    On February 8, 2006, the Subcommittee and the Subcommittee 
on Emergency Preparedness, Science, and Technology held a joint 
hearing entitled ``Protecting the Homeland: Fighting Pandemic 
Flu From the Front Lines.'' This hearing focused on (1) State 
and local pandemic planning; (2) the role of the private 
sector; (3) non-pharmacological countermeasures to mitigate the 
affects of a pandemic; (4) the extent of cooperation and 
coordination between public health, private health, and 
traditional first responders; and (5) the appropriate role of 
the Federal Government in pandemic planning and response. The 
Subcommittees received testimony from Dr. Tara O'Toole, Chief 
Executive Officer and Director, Center for Biosecurity, 
University of Pittsburgh Medical Center; Hon. David B. 
Mitchell, Secretary, Department of Safety and Homeland 
Security, State of Delaware; Ms. Frances B. Phillips, Health 
Officer, Anne Arundel County, Maryland Department of Health; 
Mr. Ernest Blackwelder, Senior Vice President, Business Force, 
Business Executives for National Security; and Dr. David C. 
Seaberg, Department of Emergency Medicine, University of 
Florida.
    In addition, the Subcommittee, together with the 
Subcommittee on Emergency Preparedness, Science and Technology, 
hosted a joint Member preview briefing of the President's 
Implementation Plan for the National Strategy for Pandemic 
Influenza on April 6, 2006. The Members were briefed by 
representatives from the White House Homeland Security Council.
    On February 7, 2006, Members of the Subcommittee 
participated in Exercise ``Global Tempest,'' an exercise 
sponsored by the Office of the Secretary of Defense, and hosted 
by the National Defense University, to assess the range of 
policy issues and considerations in responding to a potential 
influenza pandemic.
    Subcommittee Staff traveled to Chicago, Illinois on May 31, 
2006 to meet with City Department of Health officials to 
discuss the challenges facing large health departments in 
preparing for and responding to catastrophic biological events, 
and in particular an influenza pandemic.
    Committee Staff participated in a conference on November 
16, 2005, entitled ``The Global Threat of Pandemic Influenza.'' 
This conference assessed the status of the spread of the H5N1 
virus in Asia, examined virus containment and control 
approaches and discussed the roles of the Federal Government 
and the business community in preparing for, and responding to, 
a potential influenza pandemic. Speakers included well-known 
domestic and international government officials in the field of 
infectious disease and public health, and experts from the 
private sector, universities, a hospital and non-profit 
institutions.

                   BIOLOGICAL AND CHEMICAL FORENSICS

    On June 27, 2006, the Subcommittee held a Classified Member 
briefing on Biological and Chemical Forensics. Representatives 
from the Department of Homeland Security, the United States 
Army's Edgewood Chemical and Biological Center, and the Federal 
Bureau of Investigations briefed Members on this emerging field 
of science. This field is an essential component of the 
national security strategy because it enables the 
identification of the sources of biological and chemical 
attacks for attribution and deterrence purposes.

                         NONTRADITIONAL AGENTS

    On July 25, 2006, the Subcommittee held a classified Member 
briefing entitled: ``A Deadly New Class of Chemical Warfare 
Agent: Easy to Make, Difficult to Counter.'' The briefing 
provided Members an opportunity to learn about the emerging 
threat of non-traditional agents (NTAs). NTAs are materials 
that have received increasing interest for potential 
weaponization due to their chemical and physical properties 
that pose unique challenges to United States detection, 
treatment and decontamination efforts.

    UTILIZING THE NATION'S SCIENTIFIC RESOURCES TO PREVENT TERRORISM

    As part of the Subcommittee's oversight of issues relating 
to the utilization of science to prevent and deter nuclear and 
biological terrorism, the Subcommittee held a hearing entitled, 
``The Science of Prevention'' on September 13, 2006. This 
hearing reviewed and gauged the progress of the Domestic 
Nuclear Detection Office and the Directorate of Science and 
Technology in developing nuclear and biological countermeasures 
and examined issues such as how they are leveraging the 
scientific capital of the Department of Energy national 
laboratories, academia, and the private sector. The 
Subcommittee received testimony from Dr. John Marburger, 
Director, Office of Science and Technology Policy, Executive 
Office of the President; Hon. Jay Cohen, Under Secretary for 
Science and Technology, Department of Homeland Security; Mr. 
Vayl Oxford, Director, Domestic Nuclear Detection Office, 
Department of Homeland Security; Dr. William Happer, Cyrus Fogg 
Brackett Professor of Physics, Princeton University; Dr. Ronald 
Atlas, American Society of Microbiology.
    On April 19, 2006, Subcommittee Staff visited the United 
States Army's Edgewood Chemical and Biological Center (ECBC). 
The purpose of this trip was to examine how the Department of 
Homeland Security utilizes the resources of the Federal 
Government to counter the threat of terrorist attacks involving 
chemical, biological, nuclear, and radiological materials. 
Subcommittee Staff toured newly constructed chemical 
laboratories and viewed deployable mobile laboratories under 
development.
    Subcommittee Staff visit Argonne National Laboratory in 
Argonne, Illinois, on June 1, 2006. The purpose of this visit 
was to gain a better understanding of how localities can draw 
on the resources of the Federal Government in detecting, 
preparing for, and responding to catastrophic nuclear, 
radiological, and biological events.
    On August 16 and 17, 2006, Subcommittee Staff traveled to 
the University of Nebraska to observe the University's Extreme 
Light Laboratory and Biocontainment Facility. Staff toured the 
Extreme Light Laboratory which produces a laser driven x-ray 
system that could be used in radiological detection 
technologies and would allow for quicker analyses of shielded 
radiological materials and would be smaller that other 
detection technologies. Staff also toured the new 
Biocontainment Unit at the University's Medical Center in 
Omaha, Nebraska. The 10-bed unit is the only biocontainment 
facility open to the public to restrict the spread of 
contagious disease and is the largest facility of its kind in 
the Nation.

                 LOCAL STRATEGIES TO PREVENT TERRORISM

    As part of its prevention of chemical, radiological, 
biological, and nuclear terrorism prevention mission, the 
Subcommittee held a hearing entitled ``Police as First 
Preventers: Local Strategies in the War on Terror,'' which 
focused on the importance of the role of local law enforcement 
in preventing terrorism in addition to the law enforcement 
community's role in responding to acts of terrorism. This 
hearing, which took place on September 25, 2006, examined local 
counterterrorism strategies developed by terrorist target 
cities and discussed the Department of Homeland Security's role 
in furthering these strategies. The Subcommittee received 
testimony from Mr. Brett Lovegrove, Superintendent, City of 
London Police; Mr. Ahmet Sait Yayla, Major, Ankara 
Counterterrorism Division, Turkish National Police; and Chief 
John F. Timoney, Chief of Police, City of Miami, Florida.

      PREVENTING TERRORISM THROUGH SOCIAL AND BEHAVIORAL RESEARCH

    Much emphasis has been placed on the use of the hard 
sciences to detect and prevent terrorist attacks involving 
chemical, biological, nuclear, and radiological weapons, but 
less attention has been given to the role of social and 
behavioral sciences in understanding the roots of terrorism. On 
November 25, 2005, the National Center for the Study of 
Terrorism and Responses to Terrorism (START) and Department of 
Homeland Security Center of Excellence briefed Members on 
social and behavioral research that provides insight into the 
terrorist psyche. It examined why actors resort to terrorist 
methods, why terrorists groups form, and why they choose to 
utilize CBRN to achieve their ambitions. Representatives from 
START also discussed its Global Terrorism Database--the world's 
largest open source database on international and domestic 
terrorist incidents.

 Subcommittee on Prevention of Nuclear and Biological Attack Hearings 
                                  Held

    DHS Coordination of Nuclear Detection Efforts. Hearing held 
April 19 and 20, 2005. Serial No. 109-10.
    Building a Nuclear Bomb: Identifying Early Indicators of 
Terrorist Activities. Hearing held May 26, 2005. Serial No. 
109-17.
    Detecting Nuclear Weapons and Radiological Materials: How 
Effective Is Available Technology? Joint hearing with the 
Subcommittee on Emergency Preparedness, Science, and Technology 
held June 21, 2005. Serial No. 109-22.
    Pathways to the Bomb: Security of Fissile Materials Abroad. 
Hearing held June 28, 2005. Serial No. 109-27.
    Engineering Bio-Terror Agents: Lessons from the Offensive 
U.S. and Russian Biological Weapons Programs. Hearing held July 
13, 2005. Serial No. 109-30.
    Implementing a National Biodefense Strategy. Hearing held 
July 28, 2005. Serial No. 109-38.
    WMD Terrorism and Proliferant States. Hearing held 
September 8, 2005. Serial No. 109-40.
    Trends in Illicit Movement of Nuclear Materials. Hearing 
held September 22, 2005. Serial No. 109-41.
    Mitigating Catastrophic Events through Effective Medical 
Response. Hearing held October 20, 2005. Serial No. 109-48.
    Nuclear Incident Response Teams. Hearing held October 27, 
2005. Serial No. 109-50.
    BioScience and the Intelligence Community. Hearing held 
November 3, 2005 and May 4, 2006. Serial No. 109-53.
    H.R. 3197, to authorize the Secretary of Homeland Security 
to regulate the production, storage, sale, and distribution of 
ammonium nitrate on account of the prior use of ammonium 
nitrate to create explosives used in acts of terrorism and to 
prevent terrorists from acquiring ammonium nitrate to create 
explosives. Hearing held December 14, 2005. Serial No. 109-59.
    Protecting the Homeland: Fighting Pandemic Flu From the 
Front Lines. Joint hearing with the Subcommittee on Emergency 
Preparedness, Science, and Technology held February 8, 2006. 
Serial No. 109-61.
    Creating a Nation-wide, Integrated Biosurveillance Network. 
Hearing held May 11, 2006. Serial No. 109-76.
    Enlisting Foreign Cooperation in U.S. Efforts to Prevent 
Nuclear Smuggling. Hearing held May 25, 2006. Serial No. 109-
81.
    Reducing Nuclear and Biological Threats at the Source. 
Hearing held June 22, 2006. Serial No. 109-88.
    Agroterrorism's Perfect Storm: Where Human and Animal 
Disease Collide. Hearing held August 24, 2006. Serial No. 109-
97.
    The Science of Prevention. Hearing held September 14, 2006. 
Serial No. 109-103.
    Police as First Preventers: Local Strategies in the War on 
Terror. Hearing held September 21, 2006. Serial No. 109-105.

  Subcommittee on Prevention of Nuclear and Biological Attack Markups 
                                  Held

    H.R. 3197, To authorize the Secretary of Homeland Security 
to regulate the production, storage, sale, and distribution of 
ammonium nitrate on account of the prior use of ammonium 
nitrate to create explosives used in acts of terrorism and to 
prevent terrorists from acquiring ammonium nitrate to create 
explosives. Forwarded to the Full Committee for consideration, 
amended, by a recorded vote of 9 yeas and 0 nays. December 14, 
2005.
    Committee Print entitled ``Project Bioshield Material 
Threats Act of 2006;'' was favorably forwarded to the Full 
Committee for consideration, without amendment, by voice vote. 
March 13, 2006.
    Committee Print entitled ``Office of Domestic Nuclear 
Detection;'' was favorably forwarded to the Full Committee for 
consideration, without amendment, by voice vote. March 13, 
2006.
    Committee Print entitled ``Annual Report to Congress on the 
Directorate of Science and Technology;'' was favorably 
forwarded to the Full Committee for consideration, without 
amendment, by voice vote. March 13, 2006.

 Subcommittee on Prevention of Nuclear and Biological Attack Briefings 
                          and Site Visits Held

    Member briefing on Nuclear Terrorism. March 15, 2005.
    Site visit to the Centers for Disease Control and 
Prevention, Atlanta, Georgia. June 20, 2005.
    Member briefing on Fissile Materials. June 28, 2005.
    Member briefing on HSPD-10, ``Biodefense for the 21st 
Century.'' October 18, 2005.
    Member briefing on agroterrorism. October 25, 2005.
    Member briefing on Medical Countermeasures for Nuclear 
Attack. November 10, 2005.
    Site visit to the Department of Homeland Security's 
Radiological/Nuclear Countermeasures Test and Evaluation 
Complex (Rad/NucCTEC) at the Nevada Test Site, Las Vegas, 
Nevada. January 23 through 24, 2006.
    Member briefing on United States nuclear research reactor 
security. February 14, 2006.
    Member briefing on Security Restraints on Biological 
Research: Where are the boundaries? March 28, 2006.
    Member briefing with the Subcommittee on Emergency 
Preparedness, Science, and Technology on the implementation 
plan for the President's National Strategy for Pandemic 
Influenza. April 6, 2006.
    Member briefing on the Defense Science Board's 2005 summer 
study ``Reducing Vulnerabilities to Weapons of Mass 
Destruction.'' May 2, 2006.
    Member briefing on Biological and Chemical Forensics. June 
27, 2006.
    Member briefing on the National Biological and Agricultural 
Defense Facility. July 13, 2006.
    Member briefing ``A Deadly New Class of Chemical Warfare 
Agent: Easy to Make, Difficult to Counter.'' July 25, 2006.
    Member briefing on the status of the establishment of the 
Department of Homeland Security's National Biodefense Analysis 
and Countermeasures Center (NBACC). September 7, 2006.
    Member briefing on social and behavioral insights to the 
terrorist psyche. November 14, 2006.
   Subcommittee on Economic Security, Infrastructure Protection, and 
                             Cybersecurity

                DANIEL E. LUNGREN, California, Chairman

Loretta Sanchez, California          Don Young, Alaska
Edward J. Markey, Massachusetts      Lamar S. Smith, Texas
Norman D. Dicks, Washington          John Linder, Georgia
Peter A. DeFazio, Oregon             Mark E. Souder, Indiana
Zoe Lofgren, California              Mike Rogers, Alabama
Sheila Jackson-Lee, Texas            Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Development of strategies to protect against terrorist 
attack against the United States; prioritizing risks through analytical 
tools and cost/benefit analyses; prioritizing investment in critical 
infrastructure protection across all sectors, including transportation 
(air, land, sea, and intermodal, both domestic and international); 
defeating terrorist efforts to inflict economic costs through threats 
and violence; mitigation of potential consequences of terrorist attacks 
on critical infrastructure, and related target hardening strategies; 
border, port, and transportation security; in the wake of an attack on 
one sector, ensuring the continuity of other sectors including critical 
government, business, health, financial, commercial, and social service 
functions; security of computer, telecommunications, information 
technology, industrial control systems, electronic infrastructure, and 
data systems; protecting government and private networks and computer 
systems from domestic and foreign attack; preventing potential injury 
to civilian populations and physical infrastructure resulting, directly 
or indirectly, from cyber attacks; with respect to each of the 
foregoing, assessing the impact of potential protective measures on the 
free flow of commerce and the promotion of economic growth; conducting 
relevant oversight; and other matters referred to the Subcommittee by 
the Chairman.

                                 ------                                

    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity held 27 hearings during the 109th 
Congress and received testimony from 122 witnesses. These 
hearings and the Subcommittee's general oversight activities 
focused on aviation security; land and maritime border 
security; chemical facility security; infrastructure 
protection; cybersecurity; and rail and mass transit security. 
The Subcommittee's oversight has supported legislative efforts 
of the Committee, as well as administrative action by the 
Department of Homeland Security, to enhance the Nation's 
ability to detect, prevent, mitigate, and respond to terrorist 
attacks and natural disasters affecting these critical areas.

   Legislative Activities of the Subcommittee on Economic Security, 
              Infrastructure Protection, and Cybersecurity


                         SAFE PORT ACT OF 2006

           Public Law 109-347 H.R. 4954 (H.R. 4880, H.R. 58)

    To improve maritime and cargo security through enhanced 
layered defenses, and for other purposes.

Summary

    H.R. 4954, the ``Security and Accountability For Every Port 
Act of 2006'' provides an international, layered, and risk-
based approach to improving maritime security. The law provides 
additional resources, grants, and training programs for port 
personnel. The bill also requires radiation scanning of all 
containers at the top 22 U.S. seaports covering 98 percent of 
containers entering the U.S. and requires the Department of 
Homeland Security (DHS) to develop clear response and recovery 
plans in the event of a terrorist attack in a seaport. 
Additionally, firm deadlines are set for the implementation of 
the Transportation Worker Identification Credential (TWIC) and 
a pilot program is required to ensure that card readers 
installed at port facilities and vessels are reliable and 
effective.
    The measure also seeks to improve maritime security through 
strengthening the supply chain. Additional advanced data on 
cargo entering the U.S. are required prior to loading at 
foreign seaports to allow for more accurate security targeting. 
Three pilot projects are required to evaluate the feasibility 
of conducting 100 percent scanning of containers at foreign 
seaports for nuclear and radiological material. Another 
provision authorizes the Customs-Trade Partnership Against 
Terrorism (C-TPAT) and requires on-site validations of all 
participants, and a pilot program to test the use of third 
party validators. To ensure that Departmental programs and 
policies on cargo and maritime security are coordinated and 
accountable, the legislation establishes an Office of Cargo 
Security Policy and designates a Director of International 
Trade to serve as a senior advisor to the Secretary to ensure 
that policies balance the need to facilitate legitimate 
commerce.
    Public Law 109-347 also establishes the Domestic Nuclear 
Detection Office (DNDO) within the Department, authorizing it 
to develop and maintain a global nuclear detection 
architecture, of which the domestic portion will be implemented 
by the DNDO. In addition, it modernizes the Nation's Emergency 
Alert System (EAS) by permitting commercial mobile service 
providers to transmit geographically-targeted emergency alerts 
and warnings to the American public through cell phones, 
pagers, and other mobile technologies.

Legislative History

    H.R. 4954 was introduced by Mr. Daniel E. Lungren of 
California, Ms. Harman, and 44 original cosponsors on March 14, 
2006. The measure was referred solely to the Committee on 
Homeland Security, and within the Committee it was referred to 
the Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity.
    On March 16, 2006, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 4954. The Subcommittee received testimony from Mr. Jayson 
Ahern, Assistant Commissioner, Office of Field Operations, 
Customs and Border Protection, Department of Homeland Security; 
Captain Brian Salerno, Deputy Director, Inspections and 
Compliance, United States Coast Guard, Department of Homeland 
Security; Mr. Eugene Pentimonti, Senior Vice President, 
Government Relations, Maersk, Inc; and Mr. Noel Cunningham, 
Principal, Maresec Group, LLC.
    On March 30, 2006, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity met to consider 
H.R. 4954, and ordered the measure forwarded with a favorable 
recommendation to the Full Committee for consideration, as 
amended, by voice vote.
    On April 4, 2006, the Committee on Homeland Security held a 
hearing on H.R. 4954. The Committee received testimony from 
Hon. Michael P. Jackson, Deputy Secretary, Department of 
Homeland Security; Ms. Bethann Rooney, Manager of Port 
Security, Port Authority of New York and New Jersey; Mr. 
Christopher L. Koch, President and Chief Executive Officer, 
World Shipping Council; Mr. Jonathan E. Gold, Vice President, 
Global Supply Chain Policy, Retail Industry Leaders 
Association; and Mr. Clark Kent Ervin, private citizen, Former 
Inspector General of the Department of Homeland Security.
    On April 26, 2006, the Committee on Homeland Security met, 
pursuant to notice, in open markup session, with a quorum being 
present, and favorably ordered H.R. 4954 to be reported to the 
House, amended, by voice vote.
    The Chairman of the Committee on Energy and Commerce sent a 
letter, on April 28, 2006, to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on Energy and 
Commerce would waive its right to seek a sequential referral on 
H.R. 4954. The letter further indicated that such waiver would 
not prejudice the jurisdictional interests of the Committee on 
Energy and Commerce. That same day, the Chairman of the 
Committee on Homeland Security sent a letter to the Chairman of 
the Committee on Energy and Commerce agreeing to the 
jurisdictional interests of the Committee on Energy and 
Commerce, and agreeing to an appropriate appointment of 
Conferees.
    The Chairman of the Committee on Science sent a letter on 
April 28, 2006, to the Chairman of the Committee on Homeland 
Security indicating jurisdictional interests in sections 112; 
201; 1803; 1804; 1831; 1832; 1833; 202; 206; Title III; and 
Title IV. The letter further indicated that in order to 
expedite consideration on the House Floor, the Committee on the 
Science would waive its right to seek a sequential referral on 
H.R. 4954. On that same day the Chairman of the Committee on 
Homeland Security sent a letter to the Chairman of the 
Committee on Science agreeing to the jurisdictional interests 
of the Committee on Science and agreeing to an appropriate 
appointment of Conferees.
    The Committee on Homeland Security reported H.R. 4954 to 
the House on April 28, 2006, as H. Rpt. 109-447, Pt. I. H.R. 
4954 was, subsequently, sequentially referred to the Committee 
on Transportation and Infrastructure for a period ending not 
later than May 1, 2006. On May 1, 2006, the Committee on 
Transportation and Infrastructure was discharged from further 
consideration of H.R. 4954.
    The Committee on Rules met on May 2, 2006, and filed a Rule 
providing for the consideration of H.R. 4954 as H. Res. 789 (H. 
Rpt. 109-450).
    On May 3, 2006, the Chairman of the Committee on Government 
Reform sent a letter to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on the 
Judiciary would waive its right to seek a sequential referral 
of H.R. 4954. On that same day, the Chairman of the Committee 
on Homeland Security sent a letter to the Chairman of the 
Committee on Government Reform agreeing to the jurisdictional 
interests of the Committee on Government Reform, and agreeing 
to an appropriate appointment of Conferees.
    On May 3, 2006, the Chairman of the Committee on Ways and 
Means sent a letter to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on Ways and 
Means would waive its right to seek a sequential referral of 
H.R. 4954. In addition, the letter indicated an agreement on 
language included within the Managers amendment. On that same 
day, the Chairman of the Committee on Homeland Security sent a 
letter to the Chairman of the Committee on Ways and Means 
agreeing to the jurisdictional interests of the Committee on 
Ways and Means and agreeing to an appropriate appointment of 
Conferees.
    On May 3, 2006, the Chairman of the Committee on the 
Judiciary sent a letter to the Chairman of the Committee on 
Homeland Security indicating that in order to expedite 
consideration on the House Floor, the Committee on the 
Judiciary would waive its right to seek a sequential referral 
on H.R. 4954. On that same date, the Chairman of the Committee 
on Homeland Security sent a letter to the Chairman of the 
Committee on the Judiciary agreeing to the jurisdictional 
interests of the Committee on the Judiciary and agreeing to an 
appropriate appointment of Conferees.
    The House considered and agreed to H. Res. 789, the Rule 
providing for consideration of H.R. 4954 by a recorded vote of 
230 yeas and 196 nays on May 3, 2006. The House then proceeded 
to the consideration of H.R. 4954 and passed the bill by a 
recorded vote of 421 yeas to 2 nays.
    H.R. 4954 was received in the Senate on May 8, 2006, and 
read for the first and second times on May 15 and 16, 2006, 
respectively. The Senate considered H.R. 4954 on September 7, 
8, 11, 12, 13, and 14, 2006, and passed the measure on 
September 14, 2006, by a vote of 98 yeas.
    On September 18, 2006, the Senate, by unanimous consent, 
modified Senate Amendment No. 4997, to standardize the risk-
based funding of port security grants, which was previously 
agreed to on September 14, 2006. The Senate, on September 19, 
2006, insisted upon its amendment to H.R. 4954, request a 
Conference with the House thereon, and appointed Conferees: 
from the Committee on Homeland Security and Governmental 
Affairs; the Committee on Commerce, Science, and 
Transportation; the Committee on Finance; the Committee on 
Banking, Housing, and Urban Affairs, and an additional 
Conferee.
    The House disagreed to the Senate amendment to H.R. 4954 on 
September 28, 2006, and agreed to a Conference with the Senate 
thereon. The Speaker appointed Conferees from the Committee on 
Homeland Security; the Committee on Energy and Commerce; the 
Committee on Science; the Committee on Transportation and 
Infrastructure; and the Committee on Ways and Means. Conferees 
from the Committee on Homeland Security for consideration of 
the House bill and the Senate amendment, and modifications 
committed to Conference were: Mr. King of New York, Mr. Young 
of Alaska, Mr. Daniel E. Lungren of California, Mr. Linder, Mr. 
Simmons, Mr. McCaul of Texas, Mr. Reichert, Mr. Thompson of 
Mississippi, Ms. Loretta Sanchez of California, Mr. Markey, Ms. 
Harman, and Mr. Pascrell.
    The Committee of Conference met on September 28, 2006. On 
September 29, 2006 the Committee of Conference filed a 
Conference Report to accompany H.R. 4954 in the House as H. 
Rpt. 109-711.
    A modified version of H.R. 58, requiring establishment of a 
Border Patrol unit for the Virgin Islands of the United States, 
was included in section 126 of the Conference Report to 
accompany H.R. 4954. Additionally, provisions of H.R. 4880 were 
included in section 102 of the Conference Report accompanying 
H.R. 4954.
    The Committee on Rules met on September 29, 2006, and filed 
a Rule providing for the consideration of the Conference Report 
to accompany H.R. 4954 as H. Res. 1064. The House considered 
and agreed the Rule on September 29, 2006 by voice vote. The 
House proceeded to the consideration of the Conference Report 
to accompany H.R. 4954 on September 29, 2006. On September 30 
(Legislative Day of September 29), 2006, the House agreed to 
the Conference Report by a recorded vote of 409 yeas and 2 
nays.
    The Senate agreed to the Conference Report to accompany 
H.R. 4954 on September 30, 2006, by unanimous consent, clearing 
the measure for the President.
    The President signed H.R. 4954 into Law on October 13, 
2006, as Public Law 109-347.

                         SHADOW WOLVES TRANSFER

                               H.R. 5589

    To direct the Secretary of Homeland Security to transfer to 
United States Immigration and Customs Enforcement all functions 
of the Customs Patrol Officers unit operating on the Tohono 
O'odham Indian reservation.

Summary

    The ``Shadow Wolves'' are a specialized unit of Customs 
Patrol Officers (CPO) created by Congress in 1972 to patrol the 
international land border within the Tohono O'odham Nation, a 
sovereign Indian Nation, located in the State of Arizona. After 
the creation of the Department of Homeland Security, the Shadow 
Wolves unit was transferred to the United States Customs and 
Border Protection and placed under the administrative control 
of the Tucson Sector of the Border Patrol. This reorganization 
has produced uncertainty and a lack of clear direction for the 
unit, negatively impacting operations and retention of 
personnel. H.R. 5589 transfers the Shadow Wolves to Immigration 
and Customs Enforcement (ICE), as the unit's work most closely 
resembles that of ICE Special Agents who investigate and 
attempt to close down large drug smuggling operations. In 
addition, this section sets the pay scale of the Shadow Wolves 
at the same rate as ICE Special Agents and specifies that the 
Chief Customs Patrol Officer will have a rank that is 
equivalent to a resident agent-in-charge of the Office of 
Investigations with ICE.

Legislative History

    H.R. 5589 was introduced in the House on June 12, 2006, by 
Mr. Souder, Mr. Shadegg, and Mr. King of Iowa, and referred 
solely to the Committee on Homeland Security. Within the 
Committee, H.R. 5589 was referred to the Subcommittee on 
Economic Security, Infrastructure Protection, and 
Cybersecurity.
    On July 10, 2006, the House agreed to suspend the Rules and 
passed H.R. 5589 by voice vote.
    H.R. 5589 was received in the Senate on July 11, 2006, read 
twice, and referred to the Senate Committee on Homeland 
Security and Governmental Affairs.
    The provisions of H.R. 5589 were included in H.R. 4312 and 
H.R. 4437, as introduced. See discussion of H.R. 4437 listed 
above.

               MORE BORDER PATROL AGENTS NOW ACT OF 2006

                               H.R. 6160

    To recruit and retain Border Patrol agents.

Summary

    H.R. 6160, the ``More Border Patrol Agents Now Act,'' 
directs the Secretary of Homeland Security to submit to 
Congress a plan on recruiting and retaining skilled Border 
Patrol agents. Among other things, H.R. 6160 authorizes the 
Department of Homeland Security to offer recruitment and 
retention salary bonuses.

Legislative History

    H.R. 6160 was introduced in the House on September 25, 
2006, by Mr. Rogers of Alabama, Mr. Issa, Mr. McCotter, Ms. 
Harris, and Mr. Gary G. Miller of California, and referred to 
the Committee on Homeland Security and the Committee on 
Government Reform. Within the Committee on Homeland Security, 
H.R. 6160 was referred to the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity.
    On September 26, 2006, the House agreed to suspend the 
Rules and passed H.R. 6160 by voice vote.
    H.R. 6160 was received in the Senate and held at the Desk 
on September 27, 2006.

     SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY ACT OF 2006

                               H.R. 6162

    To require financial accountability with respect to certain 
contract actions related to the Secure Border Initiative of the 
Department of Homeland Security.

Summary

    The Secure Border Initiative (SBI) is the successor program 
to the Integrated Surveillance Intelligence System (ISIS) and 
the Remote Video Surveillance (RVS) program. SBI is a 
comprehensive, multi-year program composed of a mix of 
personnel, infrastructure, and technology to gain operational 
control of the Nation's borders. To ensure the financial 
integrity of the new border security contract, H.R. 6162 
directs the Inspector General of the Department of Homeland 
Security to: (1) determine whether each contract action related 
to SBI with a value greater than $20 million complies with cost 
requirements, performance objectives, program milestones, 
inclusion of small, minority, and women-owned business, and 
time lines; (2) submit findings to the Secretary of Homeland 
Security, including regarding cost overruns, delays in contract 
execution, lack of rigorous contract management, insufficient 
financial oversight, bundling that limits the ability of small 
business to compete, or other high risk business practices; and 
(3) refer information regarding improper conduct or wrongdoing 
to the appropriate Departmental official for purposes of 
evaluating whether to suspend or debar a contractor. This bill 
also requires the Secretary to report to Congress any findings 
or processes in place to address any problems within SBI as 
identified by the Inspector General.

Legislative History

    H.R. 6162 which was introduced on September 25, 2006, by 
Mr. Rogers of Alabama, Mr. Thompson of Mississippi, and Mr. 
McCotter, and referred solely to the Committee on Homeland 
Security. Within the Committee on Homeland Security, H.R. 6162 
was referred to the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity.
    On September 28, 2006, the House agreed to suspend the 
Rules and pass H.R. 6162 by voice vote. H.R. 6162 was received 
in the Senate and held at the Desk on that same date.
    As introduced, H.R. 5441 included the text of H.R. 6162. 
See discussion of H.R. 5441 listed above.

              CHEMICAL FACILITY ANTI-TERRORISM ACT OF 2006

                               H.R. 5695

    To amend the Homeland Security Act of 2002 to provide for 
the regulation of certain chemical facilities, and for other 
purposes.

Summary

    H.R. 5695 gives the Department of Homeland Security the 
authority to regulate security at chemical facilities. The bill 
further requires the Secretary to assess the risk of each of 
the 15,000 chemical facilities and place them into tiers. The 
bill requires that the Secretary implement regulations to 
require vulnerability assessments and security plans. The 
Secretary is directed to require security measures commensurate 
with the level of risk at each facility. The bill also requires 
that the regulations be performance-based, setting overall 
standards for security at each facility, but allowing 
individual facilities flexibility in how to meet those 
performance requirements. Additionally, H.R. 5695 establishes a 
submission and approval process for the assessments and plans, 
provides civil and criminal penalties for non-compliance, and 
provides protection of information developed under this bill.

Legislative History

    Prior to the introduction of H.R. 5695, on June 15, 2005, 
the Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity held a hearing entitled 
``Preventing Terrorist Attacks on America's Chemical Plants.'' 
The Subcommittee received testimony from Mr. Robert Stephan, 
Assistant Secretary for Infrastructure Protection, Department 
of Homeland Security; Mr. Frank J. Cilluffo, Director, Homeland 
Security Policy Institute, The George Washington University; 
Mr. Stephen Bandy, Manager, Corporate Safety and Security, 
Marathon Ashland Petroleum, LLC, testifying on behalf of the 
National Petrochemical and Refiners Association and the 
American Petroleum Institute; Mr. Marty Durbin, Managing 
Director of Security and Operations, American Chemistry 
Council; Mr. Allen Summers, President and Chief Executive 
Office, Asmark, Inc., testifying on behalf of The Fertilizer 
Institute; and Mr. Sal DePasquale, Security Specialist, CH2M 
Hill and the University of Georgia.
    H.R. 5695 was introduced on June 28, 2006, by Mr. Daniel E. 
Lungren of California, Mr. Thompson of Mississippi, and nine 
original cosponsors, and referred to the Committee on Homeland 
Security, and the Committee on Energy and Commerce. Within the 
Committee on Homeland Security, H.R. 5695 was referred to the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity.
    On June 29, 2006, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 5695. The Subcommittee received testimony from Hon. 
Michael A.L. Balboni, Senator, New York State Senate; Mr. P.J. 
Crowley, Senior Fellow and Director of National Defense and 
Homeland Security, Center for American Progress; Mr. Scott 
Berger, Director of the Center for Chemical Process Safety, 
American Institute of Chemical Engineers; and Mr. Marty Durbin, 
Director of Federal Affairs, American Chemistry Council.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity considered H.R. 5695, on July 11, 
2006, and ordered the bill forwarded to the Full Committee 
favorably for consideration, amended, by voice vote.
    The Committee on Homeland Security considered H.R. 5695 on 
July 27 and 28, 2006, and ordered the measure reported to the 
House, amended, by voice vote. The Committee on Homeland 
Security reported to the House on September 29, 2006 as H. Rpt. 
109-707, Pt. I.
    The referral of the bill to the Committee on Energy and 
Commerce was extended for a period ending not later than 
November 17, 2006. Referral of the bill to the Committee on 
Energy and Commerce was extended on November 17, 2006 for a 
period ending not later than December 8, 2006.

 DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ENHANCEMENT ACT OF 2005

                                H.R. 285

    To amend the Homeland Security Act of 2002 to enhance 
cybersecurity, and for other purposes.

Summary

    H.R. 285, establishes within the Department of Homeland 
Security (DHS) a National Cybersecurity Office, headed by an 
Assistant Secretary for Cybersecurity, who would have primary 
authority within the Department for both, all cybersecurity-
related critical infrastructure programs of DHS as well as the 
National Communications System. The bill enumerates the 
responsibilities of the Assistant Secretary including 
establishing and managing a national cybersecurity response 
system; a National cybersecurity threat and vulnerability 
reduction program; a national cybersecurity awareness and 
training program; a Government cybersecurity program; and a 
national security and international cybersecurity cooperation 
program. The bill also requires the Assistant Secretary to 
coordinate and share information with the private sector as 
well as other Federal agencies regarding cybersecurity-related 
programs, policies and operations.

Legislative History

    H.R. 285 was introduced on January 6, 2005, by Mr. 
Thornberry and Ms. Zoe Lofgren of California, and referred 
solely to the Committee on Homeland Security. Within the 
Committee, H.R. 285 was referred to the Subcommittee on 
Economic Security, Infrastructure Protection, and 
Cybersecurity, and the Subcommittee on Management, Integration, 
and Oversight.
    On April 20, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 285. The Subcommittee received testimony from Mr. Amit 
Yoran, President, Yoran Associates; Mr. Harris Miller, 
President, Information Technology Association of America; Mr. 
Paul Kurtz, Executive Director, Cyber Security Industry 
Alliance; Ms. Catherine Allen, President and CEO, BITS, 
Financial Services Roundtable; and Mr. Ken Silva, Chairman of 
the Board of Directors, Internet Security Alliance.
    On April 20, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity considered H.R. 
285 and ordered the measure favorably reported to the Full 
Committee for consideration, without amendment, by voice vote. 
On that same date, the Subcommittee on Management, Integration, 
and Oversight discharged itself from further consideration of 
H.R. 285. No further action occurred on H.R. 285.

           MARITIME TERMINAL SECURITY ENHANCEMENT ACT OF 2006

                               H.R. 4880

    To direct the Commandant of the Coast Guard to require that 
a security plan for a maritime facility be resubmitted for 
approval upon transfer of ownership or operation of such 
facility, and for other purposes.

Summary

    H.R. 4880 requires security plans at port facilities be 
updated and resubmitted to the United States Coast Guard after 
any transfer of ownership or operation of a terminal and 
requires that all facility security officers be citizens of the 
United States. Additional provisions set deadlines for the 
implementation of security card programs at ports, sets a 
deadline for the development of a long range vessel tracking 
program, and mandates 100 percent inspection of cargo bound for 
the U.S. at foreign seaports.

Legislative History

    H.R. 4880 was introduced by Mr. LoBiondo and twenty-three 
original cosponsors on March 6, 2006, and referred to the 
Committee on Transportation and Infrastructure, and the 
Committee on Homeland Security. Within the Committee on 
Homeland Security the measure was referred on to the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity.
    The Chairman of the Committee on Homeland Security sent a 
letter to the Speaker of the House on September 20, 2006, 
agreeing to discharge the Committee on Homeland Security from 
further consideration of H.R. 4880.
    The Committee on Transportation and Infrastructure reported 
H.R. 4880 to the House on September 29, 2006, as H. Rpt. 109-
709, Pt. 1. On that date, the referral of the measure to the 
Committee on Homeland Security was extended for a period ending 
not later than November 17, 2006. On November 17, 2006, 
referral of the measure to the Committee on Homeland Security 
was extended for a period ending not later than December 8, 
2006.

                       SAFE TRUCKERS ACT OF 2006

                               H.R. 5604

    To require motor vehicle operators transporting security 
sensitive material in commerce to obtain a permit from the 
Secretary of Homeland Security, and for other purposes.

Summary

    Section 1012 of the ``Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism'' (USA PATRIOT) (P.L. 107-56) prohibits States from 
issuing a commercial drivers license (CDL) to an individual to 
operate a motor vehicle (truck) to transport hazardous 
materials (HAZMAT) for commercial purposes unless the Secretary 
of Transportation has determined that the individual does not 
pose a security risk. This responsibility was delegated to the 
Transportation Security Administration (TSA), which became a 
part of the Department of Homeland Security in 2003. In May 
2005, TSA began implementing this requirement for all hazardous 
materials endorsement (HME) drivers. Under the provisions of 
the USA PATRIOT Act, the TSA was required to conduct background 
checks on all 2.7 million HME drivers, although a majority of 
HAZMAT is not a security threat.
    H.R. 5604, the ``SAFE Truckers Act'' requires the TSA to 
distinguish certain materials as security sensitive, and 
requires individuals transporting those materials to undergo 
the extensive fingerprint-based criminal history background 
check. H.R. 5604 includes amendments to section 1012 of the USA 
PATRIOT Act, the existing statute. The changes require a name-
based check for drivers obtaining a HME, but not a criminal 
records check thereby reducing the number of drivers who must 
undergo the fingerprint-based check without reducing security. 
H.R. 5604 also included provisions to reduce the cost for 
drivers who hold other similar cards, such as the 
Transportation Worker Identification Credential (TWIC), and 
would require a study of ways to reduce redundancies between 
these programs.

Legislative History

    Prior to introduction, on November 1, 2005, the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity held a hearing entitled ``Reforming HAZMAT 
Trucking Security.'' The Subcommittee received testimony from 
Mr. Stephen Russell, Chairman and CEO Celadon Group Inc., 
testifying on behalf of the American Trucking Association; Mr. 
Michael Laizure, Owner-Operator, Time Critical Ordnance 
Transport, testifying on behalf of The Owner-Operator 
Independent Drivers Association; Mr. Gary Brown, General 
Counsel, Pyro Spectaculars, testifying on behalf of the 
American Pyrotechnics Association, et al; Ms. Linda Lewis-
Pickett, President and CEO, American Association of Motor 
Vehicle Administrators; Mr. Scott Madar, Assistant Director, 
Safety and Health Department, International Brotherhood of 
Teamsters; Mr. Justin Oberman, Assistant Director, 
Transportation Threat Assessment & Credentialing, 
Transportation Security Administration, Department of Homeland 
Security; and Mr. Robert McGuire, Associate Administrator, 
Pipeline & Hazardous Materials Safety Administration, 
Department of Transportation.
    H.R. 5604 was introduced by Mr. Daniel E. Lungren of 
California, Ms. Loretta Sanchez of California, and seven 
original cosponsors on June 14, 2006, and referred solely to 
the Committee on Homeland Security. Within the Committee, the 
measure was referred to the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity held a hearing on June 16, 2006. 
The Subcommittee received testimony from Hon. Kip Hawley, 
Administrator, Transportation Security Administration, 
Department of Homeland Security; Mr. David S. McClimon, 
President, Con-Way, Inc., on behalf of the American Trucking 
Association; and Mr. Todd Spencer, Executive Vice President, 
Owner-Operator Independent Drivers Association.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity met on June 22, 2006, to consider 
H.R. 5604 and forwarded the measure to the Full Committee, 
amended, by voice vote.

            RECREATIONAL BOATERS STREAMLINED INSPECTION ACT

                               H.R. 1509

    To create an inspection program that uses videophone 
systems at certain points of entry in Florida to satisfy 
customs and immigration reporting requirements.

Summary

    H.R. 1509, the ``Recreational Boaters Streamlined 
Inspection Act,'' requires the Secretary of Homeland Security 
to establish an inspection program that uses a videophone 
system at specified points of entry in Florida whereby 
recreational vessels may report to an appropriate official of 
the Department of Homeland Security (DHS) for purposes of 
compliance with customs laws and for lawful entry into the 
United States under immigration laws.

Legislative History

    H.R. 1509 was introduced in the House on April 6, 2005, by 
Mr. Foley and Mr. Shaw, and referred solely to the Committee on 
Homeland Security. Within the Committee on Homeland Security, 
H.R. 1059 was referred to the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity.
    On Thursday, May 19, 2005, the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity held a 
hearing on H.R. 1509, the Recreational Boaters Streamlined 
Inspection Act. The Subcommittee received testimony from Hon. 
Mark Foley, a Representative in Congress from the State of 
Florida; Mr. Jim Ellis, President, Boat Owners Association of 
The United States BOAT/U.S.; and Mr. Robert Jacksta, Executive 
Director, Border Security and Facilitation, Office of Field 
Operations, Customs and Border Protection, Department of 
Homeland Security.

    Oversight Activities of the Subcommittee on Economic Security, 
              Infrastructure Protection, and Cybersecurity


              SCREENING OF AIRLINE PASSENGERS AND BAGGAGE

    The prescreening of passengers at airports is an important 
component of the Transportation Security Administration's (TSA) 
layered approach to security. In response to concern about the 
high percentage of airline passengers selected for secondary 
screening under the Computer Assisted Passenger Prescreening 
System (CAPPS), the Subcommittee held a Member briefing on 
September 29, 2005. Members were briefed by representatives 
from TSA and examined the systems and policies employed by TSA 
to prescreen domestic air travelers.
    On July 13 and 19, 2005, the Subcommittee held a hearing 
entitled ``Leveraging Technology to Improve Aviation 
Security.'' The Subcommittee received testimony from Mr. Louis 
Parker, President and Chief Executive Officer, General Electric 
Security; Mr. Allen Barber, President, L-3 Communications 
Security and Detection Systems, Inc.; Mr. Todd Hauptli, Senior 
Executive Vice President, American Association of Airport 
Executives; Ms. Cathleen Barrick, Director, Homeland Security 
and Justice, Government Accountability Office; Mr. Anthony R. 
Fabiano, President and Chief Executive Officer, American 
Science and Engineering, Inc.; Mr. John W. Wood, Jr., President 
and Chief Executive Officer, Analogic; Mr. Deepak Chopra, 
President, OSI Systems, Inc.; Mr. Cherif Rizkalla, President, 
Smiths Detection, Americas; Mr. Rick Rowe, Chief Executive 
Officer, SafeView, Inc. On July 19, 2005, the Subcommittee 
received testimony from Mr. Clifford A. Wilke, Assistant 
Administrator and Chief Technology Officer, Transportation 
Security Administration, Department of Homeland Security. This 
hearing examined TSA's progress in implementing a full-scale 
development and deployment strategy for current and emerging 
technology for passenger screening.
    Nine Federal agencies, including the Department of Defense, 
Department of Justice, Department of State, Department of 
Transportation, and Department of the Treasury, have developed 
and maintain 12 distinct watch lists. The master terrorist 
watch list is maintained at the Terrorist Screening Center 
(TSC). Each list contains a wide variety of data, including 
biographical information, such as name and date of birth. On 
June 29, 2005, the Subcommittee held a hearing entitled 
``Improving Pre-Screening of Aviation Passengers against 
Terrorist and Other Watch Lists.'' The Subcommittee received 
testimony from Hon. John B. Anderson, Former United States 
Representative to Congress from Illinois; Mr. James C. May, 
President and Chief Executive Officer, Air Transport 
Association; Mr. Paul Rosenzweig, Senior Legal Research Fellow, 
Center for Legal and Judicial Studies, The Heritage Foundation; 
Mr. James X. Dempsey, Executive Director, Center for Democracy 
and Technology; and Mr. Justin Oberman, Assistant 
Administrator, Secure Flight and Registered Traveler, 
Department of Homeland Security. The hearing focused on the 
systems and policies used by TSA to prescreen domestic air 
travelers and identify known and suspected terrorists. In 
addition, the hearing examined the high percentage of air 
travelers that are misidentified under the existing system, and 
considered options to rectify the problem.
    On March 30, 2006, the Subcommittee hosted a classified 
Member briefing on the TSA airline passenger prescreening 
watchlist. Members were briefed by the Director of the 
Terrorist Screening Center and supported by representatives of 
the Central Intelligence Agency and TSA. The briefing focused 
on the quality of data included in the Terrorist Screening 
Center database, used by TSA to conduct terrorist watchlist 
checks.
    In addition, the Subcommittee Staff visited the 
Transportation Security Lab in Atlantic City, New Jersey, on 
October 24, 2006 and received a briefing on the Department's 
latest efforts to develop technology to identify liquid 
explosives as well as to examine the technology being reviewed 
for the next-generation of passenger and baggage screening 
devices.
    On October 28, 2006, Committee Staff visited the Boston, 
Massachusetts headquarters of two major manufacturers of 
baggage screening technology to examine their efforts to 
produce cutting edge baggage screening technology. Staff also 
examined the latest in-line baggage screening technology used 
at Logan International Airport. In addition, Staff received a 
briefing from the Logan International Airport Security officer 
on the Screening Passenger Observation Techniques Program, 
which was developed and implemented at Logan Airport.

                         SECURE FLIGHT PROGRAM

    The Transportation Security Administration (TSA) developed 
the Secure Flight program to communicate with airlines to 
obtain a limited amount of passenger information when 
reservations are made for flights. TSA then checks the 
passenger information against the terrorist watchlist 
maintained at the Terrorist Screening Center (TSC).
    On May 20, 2005, the Chairman and the Ranking Member of the 
Committee on Homeland Security, the Chairman and Ranking Member 
of the Committee on Transportation and Infrastructure, and the 
Chairman of the Committee on Government Reform sent a letter to 
the Government Accountability Office (GAO) requesting a follow-
up report to GAO 05-356: Aviation Security: Secure Flight 
Development and Testing Under Way, but Risks Should Be Managed 
as System Is Further Developed. The Chairman of the Committee 
received a response from GAO on June 2, 2005 indicating that 
GAO would comply with the request.

            IMPROVING MANAGEMENT OF THE SCREENING WORKFORCE

    On July 28, 2005, the Subcommittee held a hearing entitled 
``Improving Management of the Aviation Screening Workforce.'' 
The Subcommittee received testimony from Mr. James Bennett, 
President and Chief Executive Officer, Metropolitan Washington 
Airports Authority, testifying on behalf of the Airports 
Council International-North America/The American Association of 
Airport Executives; Mr. John Martin, Director, San Francisco 
International Airport; Mr. William DeCota, Director of 
Aviation, the Port Authority of New York and New Jersey; Mr. 
Mark Brewer, President and CEO, Rhode Island Airport 
Corporation; Mr. John DeMell, President, FirstLine 
Transportation Security, Inc.; Mr. Robert Poole, Director of 
Transportation Studies, and Founder, Reason Foundation; and Mr. 
Thomas Blank, Acting Deputy Administrator, Transportation 
Security Administration, Department of Homeland Security. This 
hearing focused on the Transportation Security Administration's 
centralized system of allocating screeners to the Nation's 
commercial airports.

       TRANSPORTATION SECURITY ADMINISTRATION SCREENING OF PILOTS

    Under current regulations, pilots are required to be 
screened at security checkpoints. On May 13, 2005, the 
Subcommittee held a hearing entitled ``The Transportation 
Security Administration's Screening of Airline Pilots: Sound 
Security Practice or Waste of Scarce Resources?'' The 
Subcommittee received testimony from Ms. Debra Burlingame, 
Member, 9/11 Families for a Secure America; Captain Duane 
Woerth, President, Airline Pilots Association; and Ms. Candace 
Kolander, Flight Attendant, Alaska Air, testifying on behalf of 
the Association of Flight Attendants--Communication Workers of 
America (AFA-CWA). The hearing focused on TSA's policy to treat 
commercial airline pilots the same as the general public for 
screening purposes and examined whether it is the best use of 
TSA's resources.

                      REGISTERED TRAVELER PROGRAM

    The Transportation Security Administration (TSA) developed 
the Registered Traveler program to expedite security screening 
for airline passengers who submit to extensive background 
checks and identity verification procedures. On June 9 and 16, 
2005, the Subcommittee held a hearing entitled ``The Promise of 
Registered Traveler.'' The Subcommittee received testimony from 
Mr. C. Stewart Verdery, Jr., Principal, Mehlman Vogel 
Castagnetti, Inc.; Mr. William Connors, Executive Director, 
National Business Travel Association; Mr. Jim Harper, Director 
of Information Policy Studies, The CATO Institute; Ms. Brigitte 
Goersch, Director of Security, Greater Orlando Aviation 
Authority; and Mr. Robert Isom, Senior Vice President, Customer 
Service, Northwest Airlines, Inc. On June 16, 2005, the 
Subcommittee received testimony from Mr. Thomas Blank, Acting 
Deputy Director, Transportation Security Administration, 
Department of Homeland Security. This hearing focused on the 
benefits and challenges of the Registered Traveler Program and 
the results of the pilot.
    On November 3, 2005, the Subcommittee held a hearing 
entitled ``The Future of TSA's Registered Traveler Program.'' 
The Subcommittee received testimony from Hon. Kip Hawley, 
Assistant Secretary, Transportation Security Administration, 
Department of Homeland Security; Mr. Charles Barclay, 
President, American Association of Airport Executives; Mr. 
Steven Brill, Founder and Chief Executive Officer, Verified 
Identity Pass, Inc.; Mr. Lawrence J. Zmuda, Partner, Homeland 
Security, Unisys Corporation; and Mr. Marc Rotenberg, Executive 
Director, Electronic Privacy Information Center National 
Office. This hearing examined the current state, and projected 
outcome, of the Registered Traveler program.

                         PROHIBITED ITEMS LIST

    The Transportation Security Administration (TSA) has an 
extensive list of items, including knives, flares, and 
gasoline, that are prohibited from being carried on board an 
aircraft. TSA has made numerous adjustments to the prohibited 
items list over the past four years.
    On December 16, 2005, Members of the Subcommittee received 
a briefing by representatives from TSA on changes made to the 
prohibited items list. As a follow-up to this briefing, the 
Subcommittee and the Subcommittee on Intelligence, Information 
Sharing, and Terrorism Risk Assessment received a joint 
classified Member briefing on March 2, 2006, on terrorist plots 
involving United States aircraft. The Administrator of TSA 
briefed the Members on the decision-making process behind the 
prohibited items list, as part of the larger TSA security 
strategy.
    As a result of intelligence received by the Department of 
Homeland Security, the prohibited items list was modified in 
August 2006 to include liquid materials. The Administrator of 
TSA briefed Members of the Subcommittee on September 14, 2006, 
to explain the changes to the list.

                      FEDERAL AIR MARSHAL SERVICE

    The purpose of the U.S. Federal Air Marshal Service (FAMS) 
is to promote confidence in civil aviation by effectively 
deploying agents to detect, deter, and defeat hostile acts 
targeting air carriers, airports, passengers, and crews. On 
September 27, 2005, Members of the Subcommittee received a 
briefing on the status of FAMs. On October 24, 2006, Committee 
Staff visited the FAMS Training Center in Atlantic City, New 
Jersey. Staff toured the facility and were briefed on Federal 
Air Marshal training and the FAMS management of the Federal 
Flight Deck Officer and the Self-Defense Training Programs.

                   MARITIME AND SUPPLY CHAIN SECURITY

    On January 18, 2005, Subcommittee Staff received a briefing 
from the Department of Homeland Security on plans to deploy 
additional radiation detection equipment at seaports in the 
United States, expansion of the Container Security Initiative 
(CSI), and the status of validations of participants of the 
Customs-Trade Partnership Against Terrorism (C-TPAT).
    Subcommittee Staff toured the National Targeting Center 
(NTC), a United States Customs and Border Protection (CBP) 
facility responsible for targeting and analyzing all 
individuals and cargo entering the United States on February 4, 
2005. During the tour, Staff reviewed NTC operations, staffing, 
and targeting capabilities.
    On March 31, 2005, Subcommittee Staff toured and received 
briefings at the Port of Norfolk. Staff met with 
representatives of the Virginia Port Authority and Department 
of Homeland Security. Staff reviewed the Department's 
inspection capabilities and gained a better understanding of 
how security can improve efficiencies at ports.
    Committee Staff received a briefing from CBP on the 
implementation of recovery plans at ports in the aftermath of 
Hurricane Katrina on September 20, 2005.
    Regular exercises and training programs are a key element 
of facilitating efficient and coordinated response efforts. 
These programs ensure that appropriate personnel in seaports 
have the necessary skills and tools at their disposal in the 
case of an emergency. On September 14, 2005, officials from the 
Transportation Security Administration (TSA) and the United 
States Coast Guard provided a briefing for Subcommittee Staff 
on the Port Step program. Port Step is a joint training and 
exercise program managed by TSA and the Coast Guard to enhance 
the security of our Nation's ports. The program primarily uses 
tabletop exercises for port officials and emergency response 
personnel. The briefing focused on the components of the 
program, the capacity for conducting training, and the link 
between this training program and other training conducted 
through the port security grant program.
    On January 20, 2006, Subcommittee Staff received a briefing 
from CBP on CSI. The briefing provided Staff with insight of 
CBP's plans to expand CSI to 50 locations by the end of 2006, 
which will cover 80 percent of maritime cargo containers coming 
to the United States.
    Subcommittee Staff received a briefing from CBP on January 
26, 2006 regarding the C-TPAT program. The briefing focused the 
program's new internal records system, called C-TPAT Tracker, 
which tracks all online submissions, as well as additional 
revisions to the Automated Targeting System (ATS) to enhance 
targeting capabilities.
    On March 16, 2006, the Subcommittee held a hearing on H.R. 
4954, the ``Security and Accountability for Every Port Act.'' 
The Subcommittee received testimony from Mr. Jayson Ahern, 
Assistant Commissioner, Office of Field Operations, United 
States Customs and Border Protection, Department of Homeland 
Security; Captain Brian Salerno, Deputy Director, Inspections & 
Compliance, United States Coast Guard, Department of Homeland 
Security; Mr. Eugene Pentimonti, Senior Vice President, 
Government Relations, Maersk, Inc.; and Mr. Noel Cunningham, 
Principal, MARSEC Group. The hearing focused on the provisions 
of H.R. 4954, which sought to improve security by expanding 
capabilities, maximizing available resources, and pushing our 
borders outward.
    The Subcommittee conducted a site visit of the Ports of Los 
Angeles and Long Beach on March 17, 2006. The site visit 
included a roundtable discussion with port security experts and 
operational entities, as well as a tour of the facilities. 
Subcommittee Members toured port terminals to review security 
procedures and inspection capabilities. Additionally, Members 
reviewed site access problems at the seaport and discussed the 
implementation of the Transportation Worker Identification 
Credential (TWIC).

                 PORT SECURITY AND THE U.S. COAST GUARD

    The United States Coast Guard's homeland security missions 
are not new, but have become more visible since the tragic 
events of September 11, 2001. The Subcommittee has particularly 
focused on the homeland security missions of the Coast Guard 
described in section 888(a)(2) of the Homeland Security Act of 
2002 (P.L. 107-296), which are: (1) ports, waterways, and 
coastal security; (2) drug interdiction; (3) migrant 
interdiction; (4) defense readiness; and (5) other law 
enforcement. Through hearings, multiple briefings with United 
States Coast Guard personnel and other maritime security 
stakeholders and several site visits, the Subcommittee has 
addressed numerous different aspects of the homeland security 
missions of the Coast Guard.
    On March 29, 2005, Subcommittee Staff received a tour and 
briefing at the United States Coast Guard Headquarters on the 
port security missions of the Coast Guard. The briefing focused 
on the importance of maritime domain awareness, the need for 
additional vessel tracking capabilities, the feasibility of 
establishing additional joint operations centers to facilitate 
coordination and information sharing, and the value of the 
Maritime Safety and Security Team (MSST).
    Subcommittee Staff received a briefing from representatives 
of the U.S. Coast Guard on May 10, 2005 regarding the Deepwater 
acquisition and how the program was restructured to address 
homeland security missions.
    On June 8, 2005, the Subcommittee held a hearing entitled 
``The Homeland Security Missions of the Post-9/11 Coast 
Guard.'' The Subcommittee received testimony from Admiral 
Thomas Collins, Commandant, United States Coast Guard, 
Department of Homeland Security. During this hearing, the 
Subcommittee examined the homeland security missions of the 
Coast Guard, the related impact of the war on terrorism, and 
the transfer of the Coast Guard into the Department of Homeland 
Security.
    On November 11, 2005, Members of the Committee on Homeland 
Security were appointed as conferees to the Coast Guard 
Authorization Act of 2005 (P.L. 109-241) because of the 
important role the Coast Guard plays in Homeland Security.
    Subcommittee Staff received a briefing from the Coast Guard 
on November 30, 2005 regarding modifications to the design and 
cost estimates for the National Security Cutter (NSC). These 
modifications were made to meet additional homeland security 
missions of the Coast Guard. On January 18, 2006, Subcommittee 
Staff received another briefing from the Coast Guard, this one 
focused on maritime domain awareness, Project Hawkeye in Miami, 
which is a pilot to share information with Harbor Police, and 
joint harbor operations centers.
    From August 4 though 10, 2006, Subcommittee Staff conducted 
site visits in Juneau, Alaska; Astoria, Oregon; and Seattle, 
Washington to view Coast Guard assets and review Coast Guard 
missions. These Staff visits provided key background 
information on the Coast Guard mission in the Pacific Northwest 
and the unique challenges posed by the large distances and 
severe weather conditions that are characteristic of this 
region of the country. The Coast Guard assets in the ports of 
Juneau and Seattle are positioned with an emphasis on port and 
waterway security due to the large amount of cruise ship 
traffic in the former and cargo and ferry traffic in the 
latter. The original MSST is stationed in Seattle due to the 
unique environment and heavy marine traffic in Puget Sound. By 
examining MSST and its capabilities first hand, Staff gained an 
understanding of the appropriate use, and deployment, of 
similar MSSTs around the country to provide port and waterway 
security.
    Subcommittee Staff traveled to Pascagoula, Mississippi; Key 
West, Florida; and Miami, Florida from November 10 through 14, 
2006 to view Coast Guard patrol boat assets assigned to 
homeland security missions. The Coast Guard is currently 
experiencing a mission gap in patrol boat hours. To alleviate 
this mission gap, the Coast Guard has leased patrol boats from 
the United States Navy. Two of these leased vessels are 
stationed in Pascagoula, Mississippi. Staff visited the Coast 
Guard Cutter SHAMAL to learn more about the 179-foot patrol 
boat's capabilities and effectiveness in performing Coast Guard 
missions. In addition, the Coast Guard has had various problems 
with its 123-foot Island Class coastal patrol boats, all of 
which are stationed in Key West, Florida. Subcommittee Staff 
visited Coast Guard Sector Key West to tour the vessels and to 
view the structural and electronic problems of these vessels, 
which are tasked with illegal drug and alien/migrant 
interdiction in the Straits of Florida, a key homeland security 
mission. In Miami, Subcommittee Staff witnessed how the Coast 
Guard is working with the Port of Miami to secure the world's 
busiest cruise ship terminal, which is adjacent to a large 
container terminal.

                            ENTRY DOCUMENTS

    The Subcommittee was concerned about establishing efficient 
and accurate systems to confirm the identity of travelers 
coming to the United States and to ensure that terrorists are 
not able to obtain or falsify travel documents. On April 7, 
2005, the Subcommittee Staff received a briefing on Border 
Crossing Cards (BCCs) from the Department of State, United 
States Customs and Border Protection (CBP), and the United 
States Visitor and Immigrant Status Indicator Technology (US-
VISIT) Program Office. The briefing focused on security 
procedures for issuing cards, verification and fraud problems, 
and the need to reform the cards to provide reliable identity 
verification.
    On June 16, 2005, Subcommittee Staff received a briefing 
from the Department of State on the Consular Consolidated 
Database, which contains information on all visa applicants. 
The Department of State uses facial recognition technology to 
compare photographs of the visa applicant with previously 
submitted photos to detect mismatches. There are currently 40 
million photos in the Department of State's database, including 
photos of individuals that have been refused visas.
    The Subcommittee held a hearing on June 22, 2005 entitled 
``Ensuring the Security of America's Borders through the Use of 
Biometric Passports and Other Identity Documents.'' The 
Subcommittee received testimony from Ms. Elaine Dezenski, 
Acting Assistant Secretary, Directorate for Border and 
Transportation Security, Department of Homeland Security; Mr. 
Frank Moss, Deputy Assistant Secretary, Consular Affairs, 
Department of State; Dr. Martin Herman, Information Access 
Division Chief, National Institute of Standards and Technology; 
Mr. C. Stewart Verdery, Jr., Principal, Mehlman Vogel 
Castagnetti, Inc.; and Mr. Gregory Wilshusen, Director of 
Information Security Issues, Government Accountability Office. 
The hearing focused on the current and future use of biometrics 
in passports and other related identity documents. Members also 
reviewed how biometrics could be used to further secure the 
Visa Waiver Program (VWP).
    On June 27, 2005, Subcommittee Staff received a briefing 
from the US-VISIT Program Office. The briefing provided an 
update on e-passport testing, implementation of 10-print 
fingerprint machines at ports of entry, and the exit process 
for US-VISIT.
    Subcommittee Staff received a briefing on October 27, 2005 
from the Department of Homeland Security and the Department of 
State on the Western Hemisphere Travel Initiative (WHTI), which 
requires all travelers to provide a passport or other secure 
document upon entry into the United States. The briefing 
focused on plans to implement the requirement in two phases--
first for individuals arriving by air and sea ports of entry 
and second for individuals arriving at land ports of entry, as 
well as what additional documents were being considered to 
facilitate implementation and lower the cost of compliance for 
United States citizens.
    On July 6, 2006, Subcommittee Staff received a tour and 
briefing at the Forensic Documents Lab (FDL), an Immigration 
and Customs Enforcement (ICE) facility that reviews 
international travel documents for authenticity. Staff gained 
an understanding of the FDL role in developing new travel 
documents; and was very concerned to learn that the FDL has had 
very little input in the design or testing of the proposed PASS 
Card for use in the WHTI. The Subcommittee has continued to 
work with the Department to ensure that all documents are 
tested and designed to be tamper resistant.
    Subcommittee Staff received a briefing on November 29, 2006 
from the Department of Homeland Security and the Department of 
State on the President's request to expand the VWP. The 
briefing focused on the additional security measures the 
Departments want to add to the VWP and their request for 
flexibility in allowing additional countries to participate.

              BORDER SECURITY AND IMMIGRATION ENFORCEMENT

    On January 28, 2005, Subcommittee Staff received a briefing 
from the United States Border Patrol on its progress in meeting 
the requirements of the ``Intelligence Reform and Terrorism 
Prevention Act of 2004'' (P.L. 108-458), including the hiring 
of 2,000 additional agents per year over the next five years 
and the implementation of an unmanned aerial surveillance 
program.
    Subcommittee Staff received a briefing from Immigration and 
Customs Enforcement (ICE) on March 4, 2005 regarding the 
detention and removal of non-Mexican illegal aliens, referred 
to as ``Other Than Mexicans'' (OTMs). The briefing focused on 
how ICE manages detention space and what actions could expedite 
the return of illegal aliens through deportation.
    On March 24, 2005, Subcommittee Staff received a briefing 
from ICE on Operation Community Shield. This operation targets 
illegal alien gang members for apprehension and deportation.
    Subcommittee Staff attended a briefing by officials from 
the Department of Homeland Security, the Department of State, 
and the Department of Commerce regarding the Security and 
Prosperity Partnership (SPP) on May 4, 2005. The SPP is a tri-
nation initiative to harmonize security policies and strengthen 
cooperation in the northern hemisphere.
    On May 11, 2005, Subcommittee Staff received a briefing on 
the San Diego border fence from the United States Border 
Patrol. The briefing focused on the costs and benefits of 
constructing the fence through private labor versus relying on 
the support of the National Guard; land acquisition costs; and 
the schedule for completing the fencing.
    Subcommittee Staff received a briefing and demonstration 
from United States Citizenship and Immigration Services (CIS) 
on July 13, 2005. This briefing focused on the Basic Pilot 
Program and CSI's plans for its expansion.
    On July 17, 2005, Subcommittee Staff and the Staff from the 
Subcommittee on Management, Integration, and Oversight visited 
the southwest border. The Subcommittee Staff observed existing 
border surveillance technology, particularly cameras and 
sensors.
    Subcommittee Staff received a briefing from ICE on July 20, 
2005. The briefing focused on ICE's worksite enforcement 
investigations.
    On September 14, 2005, representatives from the United 
States Coast Guard briefed Subcommittee Staff on the Coast 
Guard auxiliary program. The briefing considered how the 
auxiliary program operates and benefits the Coast Guard, and 
whether a similar model would suit the United States Border 
Patrol. This briefing led to the introduction of H.R. 4099, the 
``Homeland Security Volunteerism Enhancement Act of 2005,'' 
which would establish a Border Corps to assist the Border 
Patrol in carrying out its mission. The program in H.R. 4099 
was modeled after the Coast Guard Auxiliary.
    The Subcommittee received a briefing from the Department of 
Homeland Security on the Expedited Removal Program on September 
15, 2005. The Department detailed its use of existing authority 
to place illegal aliens in expedited removal proceedings.
    On September 28, 2005, the Subcommittee held a hearing 
entitled ``Solving the OTM Undocumented Alien Problem: 
Expedited Removal for Apprehensions along the U.S. Border.'' 
The Subcommittee received testimony from Chief David V. 
Aguilar, Border Patrol, United States Customs and Border 
Protection, Department of Homeland Security; Mr. John Torres, 
Acting Director, Office of Detention and Removal Operations, 
Immigration and Customs Enforcement, Department of Homeland 
Security; and Mr. Daniel W. Fisk, Deputy Assistant Secretary, 
Bureau of Western Hemisphere Affairs, Department of State. This 
hearing focused on the use of expedited removal policies and 
processes to address the dramatic increase in OTMs caught 
entering the country illegally between ports of entry.
    Subcommittee Staff received a briefing from the Drug 
Enforcement Administration on November 30, 2005. The briefing 
focused on the possible connections between drug cartels and 
terrorist organizations.
    On December 7, 2005, the Subcommittee held a joint Member 
briefing with the Subcommittee on Intelligence, Information 
Sharing, and Terrorism Risk Assessment on the role of the ICE 
Forensic Document Laboratory (FDL) in detecting and preventing 
terrorist travel.
    Subcommittee Staff participated in a briefing with the 
Department of Homeland Security on February 10, 2006 regarding 
progress made under the Secure Border Initiative (SBI) to 
enhance detention space. The Subcommittee was encouraged by the 
progress toward detaining the majority of non-Mexican illegal 
aliens under the expedited removal program, other than illegal 
aliens from countries that refuse to accept repatriation, such 
as Chinese citizens.
    On June 30, 2006, representatives from the Department of 
Homeland Security briefed Subcommittee Staff on the expansion 
of the Expedited Removal Program to the all United States 
borders. The program was previously used only along the 
southwest border.

                        NORTHERN BORDER SECURITY

    The continental United States shares a 4,000 mile border 
with Canada. However, there has been a lack of focus on the 
security vulnerabilities along the northern border. While 
Canada is a trusted partner in the war on terrorism and the 
United States' most significant trading partner, several 
publicized threats to our national security have emanated from 
the north, including the capture of the Millennium Bomber and 
the June 2006 arrest of 17 Canadian residents on terrorism-
related grounds.
    On June 20, 2006, the Subcommittee and the Committee on 
Government Reform Subcommittee on Criminal Justice, Drug 
Policy, and Human Resources held a joint hearing entitled 
``Fencing the Border: Construction Options and Strategic 
Placement.'' The Subcommittees received testimony from Hon. 
Duncan Hunter, a Representative in Congress from the State of 
California; Hon. Silvestre Reyes, a Representative in Congress 
from the State of Texas; Mr. Kevin Stevens, Senior Associate 
Chief, United States Customs and Border Protection, Department 
of Homeland Security; Hon. Steve King, a Representative in 
Congress from the State of Iowa; Mr. Douglas Barnhart, 
President, Douglas E. Barnhart, Inc. and Vice President of the 
Association of General Contractors; Mr. T.J. Bonner, President, 
National Border Control Council; Mr. Art Mayne, Specification 
Writer for Fences and Security Products; Mr. Carlton Mann, 
Chief Inspector, Office of the Inspector General, Department of 
Homeland Security; and Mr. Don Williams, Consultant, Roadrunner 
Planning and Consulting. The hearing focused on the impact of 
border fencing on deterring and preventing illegal entry and 
smuggling operations.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity and the Subcommittee on Emergency 
Preparedness, Science, and Technology held a joint field 
hearing on August 8, 2006, in Bellingham, Washington entitled 
``Assessment of Risks at the Northern Border and the 
Infrastructure Necessary to Address Those Risks.'' The 
Subcommittees received testimony from Mr. Thomas Hardy, 
Director of Field Operations, Seattle Field Office, United 
States Customs and Border Protection, Department of Homeland 
Security; Mr. Ronald Henley, Chief Patrol Agent, Blaine Sector, 
United States Customs and Border Protection, Department of 
Homeland Security; Major General Timothy J. Lowenberg, Adjutant 
General of Washington, Washington National Guard; Hon. Dale 
Brandland, Senator, Washington State Senate; Mr. David B. 
Harris, Senior Fellow for National Security, Canadian Coalition 
for Democracies; Ambassador Martin Collacott, Former Canadian 
Ambassador to Syria and Lebanon; Mr. K. Jack Riley, Director, 
Homeland Security Center, RAND Corporation; and Mr. Gregory 
Johnson, President, Chapter 164, National Treasury Employees 
Union. The hearing focused on the resources and strategies used 
by the Department of Homeland Security to secure the northern 
border and the impact of Canadian immigration policies on the 
establishment of terrorist groups in Canada.
    In preparation for this hearing, Subcommittee Members 
conducted site visits pertaining to the security of the 
northern border on August 7, 2006. Members toured and received 
briefings at the Port of Seattle and engaged in a roundtable 
discussion on security operations and cargo inspections systems 
at the Port. The Members also toured the northern border and 
the Peace Arch Port of Entry (POE) in Blaine, Washington. At 
the Peace Arch POE, Members were briefed by CBP officers on the 
operation of United States Visitor and Immigrant Status 
Technology (US-VISIT), secondary screening procedures, and the 
use of canine teams for the detection of narcotics and 
agricultural contraband. Following the site visit at the Peace 
Arch POE, the Members traveled to the Immigration and Customs 
Enforcement (ICE) Air Marine Branch (AMB) in Bellingham, 
Washington. At the Bellingham AMB, the Members examined recent 
ICE operations to combat criminal activity and secure the 
northern border. The briefing addressed what technology would 
be most effective for securing the northern border, including 
the use of unmanned aerial vehicles and comprehensive radar 
coverage.

                          BUDGETARY OVERSIGHT

    On March 2, 2005, the Subcommittee held a hearing entitled 
``Proposed FY 2006 Budget: Integrating Homeland Security 
Screening Operations.'' The Subcommittee received testimony 
from Mr. Jim Williams, Director, United States Visitor and 
Immigrant Status Technology (US-VISIT) Program, Border and 
Transportation Security Directorate, Department of Homeland 
Security; Ms. Carol DiBattiste, Deputy Administrator, 
Transportation Security Administration, Department of Homeland 
Security; and Ms. Deborah J. Spero, Deputy Commissioner, United 
States Customs and Border Protection, Department of Homeland 
Security. This hearing examined the President's Fiscal Year 
(FY) 2006 budget request for the Department of Homeland 
Security and its plan to integrate homeland security screening 
operations and programs.
    The Subcommittee held a hearing entitled ``The President's 
Fiscal Year 2007 Budget: Coast Guard Programs Impacting 
Maritime Border Security.'' The Subcommittee received testimony 
from Admiral Thomas H. Collins, Commandant, United States Coast 
Guard. The hearing focused on the Fiscal Year 2007 budget 
request for the Coast Guard's homeland security missions, 
including the restructuring of the Integrated Deepwater System 
(IDS) to support homeland security missions; the Coast Guard's 
capacity to carry out the National Capitol Region's Air Defense 
mission; and the proposal to expand the current Expanded 
Maritime Safety and Security Team (EMSST) to an interagency 
Maritime Security Response Team (MSRT) with a 24/7 capability.
    On February 16, 2006, the Subcommittee held a hearing 
entitled ``The President's Proposed FY07 Budget: Risk-Based 
Spending at the Transportation Security Administration.'' The 
Subcommittee received testimony from Hon. Kip Hawley, Assistant 
Secretary, Transportation Security Administration, Department 
of Homeland Security. Members of the Subcommittee examined the 
President's $6.3 billion budget request for TSA for Fiscal Year 
2007 and assessed the progress made by TSA in establishing risk 
based security investments, improving screener performance, and 
increasing efficiencies in its security screening operations.

                     TRADE AND TRAVEL FACILITATION

    The Subcommittee is committed to ensuring that border 
security measures are implemented without impeding the flow of 
legitimate trade and travel. To this end, the Subcommittee held 
a series of briefings and hearings on the impact of security 
measures on trade and travel.
    On April 8, 2005, Subcommittee Staff received a briefing 
from United States Customs and Border Protection (CBP) on 
trusted traveler programs. The briefing received CBP efforts to 
expand membership and improve the credentialing processes for 
the existing programs, including Free and Secure Trade (FAST), 
NEXUS, NEXUS Air, Secure Electronic Network for Travelers Rapid 
Inspection (SENTRI), and other similar programs.
    The Subcommittee held a hearing on May 19, 2005 entitled 
``H.R. 1509--The Recreational Boaters Streamlined Inspection 
Act.'' The Subcommittee received testimony from Hon. Mark 
Foley, a Representative in Congress from the State of Florida; 
Mr. Jim Ellis, President, BoatU.S.; and Mr. Robert Jacksta, 
Executive Director for Border Security and Facilitation, Office 
of Field Operations, United States Customs and Border 
Protection, Department of Homeland Security. The hearing 
examined H.R. 1509, which seeks to create an inspection program 
using videophone systems at certain locations in Florida to 
satisfy customs and immigration reporting requirements in lieu 
of on-site processing at official ports of entry.
    On June 3, 2005, Subcommittee Staff were briefed by 
officials from CBP. The briefing focused on plans for a Marine 
NEXUS pilot in Florida.
    Subcommittee Staff received a briefing from CBP on the 
Security and Prosperity Partnership (SPP) on June 15, 2006. The 
purpose of SPP is to balance security with the need to foster 
the legitimate flow of travel and commerce across the border. 
The briefing focused on an update on enrollment levels for 
NEXUS and FAST and provided plans for expanding the programs.

                       CHEMICAL FACILITY SECURITY

    Chemical facilities present a unique risk to homeland 
security in the United States. There are over 15,000 chemical 
facilities, some of which contain large quantities of 
potentially toxic or harmful chemicals in close proximity to 
population centers. Yet, these facilities provide chemicals and 
substances that are vital to our everyday life, such as 
chlorine to provide clean drinking water. Some facilities have 
been proactive in increasing their security after 9/11. 
However, some facilities have not done enough to ensure that 
they are adequately protected from a potential terrorist 
attack.
    During the 109th Congress, the Subcommittee actively 
examined the Department of Homeland Security's efforts to 
enhance the security of chemical facilities. On June 2, 2005, 
Subcommittee Staff toured the Honeywell Specialty Materials 
chemical facility in Geismar, Louisiana, and received a 
briefing on the security procedures of the Honeywell plant and 
four co-located chemical facilities. The purpose of the tour 
was to observe current security measures and unique challenges 
that each chemical facility presents.
    In addition, Committee Members and Staff received a 
classified briefing on June 14, 2005 on ``Chemical Security: 
Threats and Vulnerabilities'' from the Department of Homeland 
Security Information Analysis and Infrastructure Protection 
(IAIP) Directorate. Representatives from the Department 
described the current best intelligence with respect to 
terrorist intentions to carry out attacks on chemical plants. 
Mr. Stephen Bandy, Manager, Corporate Safety and Security, 
Marathon Ashland Petroleum, LLC, testifying on behalf of 
National Petrochemical and Refiners Association and American 
Petroleum Institute; Mr. Allen Summers, President and Chief 
Executive Officer, Asmark, Inc., testifying on behalf of The 
Fertilizer Institute; and Mr. Sal DePasquale, Security 
Specialist, University of Georgia. This hearing focused on 
current security practices at chemical facilities in the United 
States and exposed that the Department of Homeland Security 
lacks the authority to regulate the security at these 
facilities. The conclusions drawn by the Subcommittee Members 
prompted the introduction of H.R. 5695, the ``Chemical Facility 
Anti-Terrorism Act of 2006.''
    The Subcommittee held a hearing on June 15, 2005 entitled 
``Preventing Terrorist Attacks on America's Chemical Plants.'' 
The Subcommittee received testimony from Mr. Robert Stephan, 
Assistant Secretary for Infrastructure Protection, Department 
of Homeland Security; Mr. Frank J. Cilluffo, Director, Homeland 
Security Policy Institute, The George Washington University; 
Mr. Stephen Bandy, Manager, Corporate Safety and Security, 
Marathon Ashland Petroleum, LLC, testifying on behalf of the 
National Petrochemical and Refiners Association and the 
American Petroleum Institute; Mr. Marty Durbin, Managing 
Director of Security and Operations, American Chemistry 
Council; Mr. Allen Summers, President and Chief Executive 
Office, Asmark, Inc., testifying on behalf of The Fertilizer 
Institute; and Mr. Sal DePasquale, Security Specialist, CH2M 
Hill and the University of Georgia.
    Subcommittee Staff conducted meetings from June 2005 to 
July 2006 with representatives from 60 diverse industries 
within the chemical sector, such as the petrochemical, baking, 
agriculture, mining, explosives, forest and paper, gas, 
trucking, paint coatings, and refrigerants industries.
    On August 16, 2006, Subcommittee Staff conducted site 
visits of chemical facilities in South Bridgeport, New Jersey 
and Jessup, Maryland. The Staff observed the security 
procedures at each facility.

                     BUFFER ZONE PROTECTION PROGRAM

    The Buffer Zone Protection Plan (BZPP) Program is designed 
to bring together owners and operators of critical 
infrastructure with appropriate State and local law enforcement 
to assess vulnerabilities to critical infrastructure outside 
the property. The goal is to reduce vulnerabilities by 
extending the protected area around the site into the 
surrounding community in an effort to better prevent a 
terrorist from gaining access to a facility. The program 
provides a forum and guidance to develop a plan to increase the 
security around the facility by supporting the prevention and 
preparedness efforts of local first responders. After a BZPP 
plan is developed, the BZPP grant program provides funding for 
the equipment and management of these protective actions at 
sites across the country.
    On February 5, 2005, Subcommittee Staff received a briefing 
on the BZPP Program from representatives of the Department of 
Homeland Security. The Department provided updates on the 
nature and development of BZPP.
    Subcommittee Staff received another briefing on the BZPP 
Program on July 7, 2006. This briefing focused on the 
Department's decision to award grants under the Program based 
on risk. Funding was previously distributed based on a fixed 
amount per facility.

                  NATIONAL INCIDENT MANAGEMENT SYSTEM

    The National Incident Management System (NIMS) provides a 
Nationwide template to enable coordination during domestic 
incidents. From April 4 through April 8, 2005, Subcommittee 
Staff observed the Top Officials Three Exercise (TOPOFF 3)--
Private Sector, a Congressionally mandated National exercise. 
Subcommittee Staff observed the National exercise and examined 
the capabilities of Federal, State, local, tribal, and private 
sector participants, as well as the United Kingdom and Canada, 
to respond to simulated, simultaneous, and multipoint attacks.

                        INTERAGENCY COORDINATION

    Immigration and Customs Enforcement (ICE) is responsible 
for investigating workplace immigration violations and has 
formed a program to target critical infrastructure. On June 9, 
2005, Subcommittee Staff received a briefing from 
representatives of ICE and the Office of Infrastructure 
Protection (OIP). The briefing focused on the coordination 
efforts of ICE and OIP with respect to workplace inspections.

                         SOFT TARGET PROTECTION

    Throughout the 109th Congress, the Subcommittee examined 
the impact of infrastructure protection of soft targets. Soft 
targets are open and accessible locations including shopping 
malls, office buildings, theme parks, public transportation, 
museums, stadiums, hotels, and schools. The Subcommittee 
examined the appropriate roles of the Federal, State and local 
governments, and the private sector in securing these sites.
    As part of the oversight efforts in this area, Subcommittee 
Staff hosted a series of meetings and briefings in August 2005, 
with the Office of Infrastructure Protection of the Department 
of Homeland Security and with other experts on soft target 
protection.
    In light of the bombing in the London Subway on July 7, 
2005, and the continuing trend of terrorists to attack soft 
targets, the Subcommittee held two days of hearings to examine 
this issue. On September 7, 2005, the Subcommittee held a 
hearing entitled ``The London Attacks: Protecting Civilian 
Targets from Terrorist Attacks: Part I.'' The Subcommittee 
received testimony from Mr. Bill Millar, President, American 
Public Transportation Association; Mr. Michael Norton, Managing 
Director of Global Property Management, Tishman Speyer 
Properties; Mr. Peter Lowey, Chief Executive Officer, Westfield 
America; and Mr. Joe Madsen, Director of Safety and Risk 
Management, Spokane Public Schools.
    On October 20, 2005, the Subcommittee held a follow-up 
hearing entitled ``The London Attacks: Protecting Civilian 
Targets from Terrorist Attacks: Part II.'' The Subcommittee 
received testimony from Mr. Robert Jamison, Deputy 
Administrator, Transportation Security Administration, 
Department of Homeland Security; and Mr. Robert Stephan, Acting 
Under Secretary for Information Analysis and Infrastructure 
Protection, Department of Homeland Security. The purpose of 
both hearings was to examine the roles, responsibilities, and 
challenges in securing various soft targets from terrorist 
attacks.
    As an additional oversight measure, Subcommittee Members 
and Staff received classified briefings on October 17, 2005 and 
March 10, 2006 on the security of dams and levees from the 
Department of Homeland Security and the Bureau of Reclamation 
of the Department of the Interior. The briefings discussed 
ongoing protection efforts and current threats at high-risk 
dams and levees around the country.
    Subcommittee Staff also received briefings on October 17, 
2005, February 7, 2006, and July 21, 2006, on ``Mass Transit 
and Rail Security Initiatives.'' These briefings covered a 
variety of topics and provided updates of ongoing initiatives, 
including: the Bus Explosives Screening Technology (BEST) Pilot 
Project; the Transportation Security Administration's (TSA) 
role with respect to the Urban Area Security Initiative grant 
program; Transit Security Initiatives; the Transit and Rail 
Inspection Pilot Program updates; Connecting Communities and 
Transit Watch program; canine programs; and joint TSA-
Department of Transportation's Federal Transit Authority (FTA) 
initiatives. Additionally, the Staff received updates on the 
Washington, DC and Houston Rail Corridor Assessments, Surface 
Transportation Security Inspectors, TSA-FTA initiatives and the 
transportation of hazardous materials by rail.

        HOMELAND INFRASTRUCTURE THREAT AND RISK ANALYSIS CENTER

    On November 10, 2005, Subcommittee Staff were briefed by 
representatives from the Department of Homeland Security on the 
Homeland Infrastructure Threat and Risk Analysis Center 
(HITRAC). The Department provided an update on the operation of 
HITRAC, which serves as an intelligence fusion center between 
the Office of Intelligence and Analysis and the Office of 
Infrastructure Protection.

              THE NATIONAL INFRASTRUCTURE PROTECTION PLAN

    Homeland Security Presidential Directive 7 (HSPD-7) 
(``Critical Infrastructure Identification, Prioritization, and 
Protection,'' December 17, 2003) requires a comprehensive, 
integrated Federal plan for critical infrastructure and key 
resources protection. This plan, the National Infrastructure 
Protection Plan (NIPP) designates specific Federal departments 
and agencies as Sector-Specific Agencies (SSAs) responsible for 
protection activities in 17 specific critical infrastructure 
and key resource sectors. Subcommittee Staff received numerous 
briefings on the NIPP throughout the 109th Congress from the 
Department of Homeland Security. The Interim NIPP was first 
released in February 2005, but the report was not as 
comprehensive as the Committee had hoped. In November 2005, the 
Department re-released a second draft NIPP, and in June 2006, 
delivered a final approved version of the NIPP. The final NIPP 
established the National roles and responsibilities, and 
details a number of actions that must be taken to support full 
implementation of the Plan. A future critical milestone of this 
process will be the completion of all 17 Sector-Specific Plans 
by the designated Government and Private Sector Coordinating 
Councils.

      RISK ANALYSIS AND MANAGEMENT FOR CRITICAL ASSETS PROTECTION

    The Office of Infrastructure Protection's (OIP) Risk 
Analysis and Management for Critical Assets Protection (RAMCAP) 
program is an analytic tool used to determine the relative risk 
of an asset. Subcommittee Staff received regular briefings 
throughout the 109th Congress on the status of OIP's RAMCAP 
program.

                      THE NATIONAL ASSET DATABASE

    The National Asset Database (NADB) is a National asset 
inventory providing the ``universe'' from which various lists 
of critical assets are produced. As such, it represents the 
first step in the Department of Homeland Security's risk 
management process outlined in the National Infrastructure 
Protection Plan. The Subcommittee received numerous briefings 
by the Department on the NADB over the course of the 109th 
Congress. The Office of Infrastructure Protection (OIP) briefed 
the Subcommittee on December 9, 2005, and again on July 20, 
2006, after the release of the Department of Homeland Security 
Inspector General's report on the NADB. These briefings focused 
on the purpose of the NADB and to clarify misconceptions about 
the nature of the database.
    On July 20, 2006, the Committee Members received a 
classified briefing on the NADB from the Assistant Secretary of 
OIP. The Assistant Secretary answered Members' questions on the 
NADB and the most critical asset list.

                                REAL ID

    The REAL ID Act (P.L. 109-13) was enacted in response to 
the 9/11 Commission recommendation to require secure 
identification for boarding airplanes. The Subcommittee on 
Economic Security, Infrastructure Protection, and 
Cybersecurity, has monitored the Department's compliance with 
the requirements of the REAL ID Act and has received regular 
briefings from the Department throughout the 109th Congress. 
See additional discussion of legislation on P.L. 109-13, listed 
above.

                             CYBERSECURITY

    Cybersecurity is the protection of electronic information 
and communication systems including the information contained 
or transferred over those systems to ensure the availability, 
integrity, authentication, confidentiality, and non-repudiation 
of that information. Due to the number and ubiquitous nature of 
computers, networks, and information technology, it is 
imperative to protect the information that is contained within 
and transferred using this technology.
    During the 109th Congress, the Subcommittee examined the 
visibility of the Department of Homeland Security's 
cybersecurity activities and the effectiveness of existing 
measures to protect the Nation's critical information 
infrastructure. On April 20, 2005, the Subcommittee held a 
hearing on H.R. 285, ``The Department of Homeland Security 
Cybersecurity Enhancement Act of 2005.'' H.R. 285 would create 
an Assistant Secretary for Cybersecurity within the Department 
of Homeland Security's Information Analysis and Infrastructure 
Protection Directorate and clearly delineate cyber protection 
and telecommunication efforts within the Department. Following 
the hearing, the Subcommittee considered H.R. 285, which was 
forwarded to the Full Committee by voice vote. In August 2005, 
the Secretary's Second Stage Review reorganized various offices 
within the Department and included the creation of an Assistant 
Secretary for Cybersecurity and Telecommunications, similar to 
the provisions of H.R. 285.
    From January 2005 to June 2006, Subcommittee Staff received 
briefings from the Department's National Cyber Security 
Division and Office of Science and Technology, industry 
representatives of the software and information technology 
associations, internet security associations, Carnegie Mellon, 
the U.S. Secret Service, the White House Office of Science and 
Technology Policy, Sandia National Laboratory, Idaho National 
Laboratory and other academic institutions. These briefings 
focused on cybersecurity issues ranging from the United States 
Computer Emergency Readiness Team (US-CERT) Cyber Incident 
Response Policy Coordination, cybersecurity protection, 
Supervisory Control and Data Acquisition (SCADA) systems, 
national cybersecurity exercises, and national programs to 
enhance cybersecurity and public awareness.
    See discussion on H.R. 285 listed above.

            SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM

    Supervisory Control and Data Acquisition (SCADA) systems 
are used to monitor or control several systems and processes, 
including chemical, physical, and transport processes; 
municipal water supply systems; electric power distribution and 
generation; and gas and oil pipelines. SCADA systems are 
designed to reduce manpower and improve efficiency. These 
systems provide a link between the ``cyber world'' and the 
physical world, as they are usually connected to the Internet 
and have the potential to be ``hacked'' from around the globe. 
Once a SCADA system is ``hacked,'' the system could be used to 
manipulate power distribution, water supply processes, or other 
physical infrastructure.
    On October 18, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity and the 
Subcommittee on Emergency Preparedness, Science, and Technology 
held a joint hearing entitled ``SCADA and the Terrorist Threat: 
Protecting the Nation's Critical Control Systems.'' The 
Subcommittees received testimony from Mr. Donald Purdy, Acting 
Director, National Cyber Security Division, Department of 
Homeland Security; Mr. Larry Todd, Director, Security, Safety, 
and Law Enforcement, Bureau of Reclamation, Department of the 
Interior; Dr. Sam Varnado, Director of Information Operations 
Center, Sandia National Laboratory; Dr. K.P. Ananth, Associate 
Laboratory Director, National and Homeland Security, Idaho 
National Laboratory; Dr. William Rush, Institute Physicist, Gas 
Technology Institute; and Mr. Alan Paller, Director of 
Research, the SANS Institute. The hearing examined the 
vulnerabilities of the Nation's SCADA systems and the Federal 
and private efforts to protect them from potential terrorist 
attacks. Members reviewed the Department's efforts to 
coordinate with national research laboratories and the private 
sector to better protect SCADA systems against terrorist 
attacks.

              THREAT POSED TO PORTABLE ELECTRONIC DEVICES

    On November 3, 2005, the Subcommittee and the Subcommittee 
on Intelligence, Information Sharing, and Terrorism Risk 
Assessment hosted a joint classified briefing for Members of 
the Committee by the National Security Agency (NSA) on the 
security vulnerabilities found in many portable electronic 
devices, personal digital assistants, which include cell 
phones, countermeasures against these vulnerabilities, and 
future secure products being developed by the NSA.

                INFORMATION SHARING AND ANALYSIS CENTERS

    Information Sharing and Analysis Centers (ISACs) are used 
by various industries and sectors of the economy to enable 
efficient information sharing among similarly situated 
companies and entities. Industry ISACs collect information from 
multiple sources and then process and analyze this information 
and distribute it to ISAC members. These centers, most of which 
operate on a members-only basis, are provided with accurate and 
useful information that may impact their operations.
    In order to evaluate the success of the existing 
information sharing network, the Subcommittee was briefed on 
September 27, 2006 on the relationship between the Department 
of Homeland Security and various ISACs. The briefing was 
provided by members of the Information Technology Sector ISAC 
and the Telecommunications Sector ISAC. Members were given an 
opportunity to learn more about the information sharing 
capabilities of the private sector and take note of 
recommendations from the private sector regarding areas where 
the Department can interact with these established information 
sharing entities.

                          CYBER STORM EXERCISE

    The Department of Homeland Security is responsible for 
conducting national exercises to evaluate the response of the 
private and public sectors in the case of a cyber-attack. The 
Subcommittee has examined the effectiveness of these exercises 
and assessed the lessons learned from their outcome. On 
February 9, 2006, Subcommittee Staff attended the first 
national cybersecurity exercise entitled ``Cyber Storm.'' In 
the week-long Cyber Storm scenario, three primary sectors were 
targeted: energy, transportation and information technology, 
with telecommunications as an ancillary target. As events 
intensified across these sectors, organizations coordinated 
responses to simulated cyber attacks. The Cyber Storm exercise 
tested procedures, communication channels, and responses in the 
event of an attack, as well as international communications 
protocols between countries.

                      INTERNET RECONSTITUTION PLAN

    As a large portion of the United States economy depends on 
the Internet, a smooth and efficient reconstitution of the 
network will be required in the event of a serious disruption 
to the Internet's functions and availability. During the 109th 
Congress, the Subcommittee studied the Department's existing 
plans to reconstitute the economic functioning of the Internet 
in the case of attack or other major disruption. On July 5, 
2006, Members of the Subcommittee sent a letter to the 
Department requesting information on programs designed to 
address Internet reconstitution efforts in the case of a major 
Internet disruption. The Subcommittee also requested more 
information on the roles and responsibilities of the United 
States Computer Emergency Readiness Team (US-CERT) and the 
Federal Emergency Management Agency (FEMA) regarding Internet 
reconstitution. The Committee received a response on September 
12, 2006, which delineated various programs that focus on 
Internet reconstitution, proposed goals of these programs, such 
as the establishment of US-CERT/Private Sector Concept of 
Operations, and the timeframe for these goals.

                            RISK ASSESSMENT

    The disruption and economic impact of a well-coordinated 
cyber-attack must be realized by all potentially affected 
individuals. A cyber-attack, combined with a physical assault, 
may cause widespread panic and disorder; a slow, unrelenting 
cyber-assault on the underlying processes of everyday life--
such as ATM transactions or the storage of blood at hospitals--
could result in general distrust in information technology and 
consequently affect economic stability.
    In continuing the assessment of various risks, Members of 
the Subcommittee were briefed on July 25, 2006 by the Cyber 
Defense Agency on how a systematic, well-orchestrated attack on 
critical cyber infrastructure might be carried out, and how to 
identify some of the key public policy issues that are 
presented by such a threat. The Cyber Defense Agency described 
the process by which a cyber-based attack could cause a severe 
disruption or act as a ``force multiplier'' to a physical 
attack on critical infrastructure.
    In a letter sent to the Under Secretary for Preparedness of 
the Department of Homeland Security on September 6, 2006, the 
Subcommittee expressed its support of increased training to 
reduce the risk of a cyber attack, and encouraged the 
Department to approve the creation of a National Cyber Academy 
through the Office of Grants and Training.

                      THE FUTURE OF CYBERSECURITY

    During the 109th Congress, Subcommittee Members actively 
reviewed the Department's cybersecurity efforts and evaluated 
its performance in this critical area. On September 13, 2006, 
the Subcommittee held a hearing entitled ``The Future of Cyber 
and Telecommunications Security at the Department of Homeland 
Security.'' The Subcommittee received testimony from Hon. 
George Foresman, Under Secretary for Preparedness, Department 
of Homeland Security; Mr. David Powner, Director, Information 
Technology Management Issues, Government Accountability Office; 
Mr. William Pelgrin, Director, New York State Office of Cyber 
Security and Critical Infrastructure; Mr. Guy Copeland, Chair, 
Information Technology Sector Coordinating Council; Mr. Paul B. 
Kurtz, Executive Director, Cyber Security Industry Alliance; 
and Mr. David Barron, Chair, Telecommunications Sector 
Coordinating Council. The purpose of this hearing was to 
discuss the Department's activities regarding cybersecurity, 
including the long vacancy for the position of Assistant 
Secretary for Cybersecurity and Telecommunications.

                     MASS TRANSIT AND RAIL SECURITY

    Every day, millions of Americans use some combination of 
rail or mass transit to commute to work, school, or to go about 
their daily lives. Rail and mass transit systems, which include 
subways, commuter rail, trams, and buses, bring together 
hundreds of individuals in enclosed spaces, often underground 
or underwater. The threat to mass transit systems and their 
appeal to terrorist groups are evident in the frequency by 
which they are attacked internationally. Countries like the 
United Kingdom, the Kingdom of Spain, the Russian Federation, 
Japan, the Republic of India, and the State of Israel have all 
been subject to attacks on their mass transit systems by 
terrorist groups.
    During the 109th Congress, the Subcommittee conducted 
oversight of the Department of Homeland Security's initiatives 
to secure rail and mass transit systems in the United States. 
In particular, the Subcommittee examined various pilot projects 
that the Department, through the Transportation Security 
Administration (TSA), has conducted to test existing 
technologies to secure these systems. The Subcommittee reviewed 
various security measures put in place after the London 
bombings in July 2005, receiving numerous threat briefings and 
conducting oversight of the distribution of grants to transit 
systems.
    On April 21, 2006, Subcommittee Staff conducted a site 
visit to the Hunt Valley Light Rail Stop located in Hunt 
Valley, Maryland and examined the TSA mobile security 
checkpoint pilot program at the railway stop. Subcommittee 
Staff also conducted a site visit of rail security initiatives 
undertaken by AMTRAK at Union Station in Washington, DC, on 
June 23, 2006. Staff explored the ongoing challenges in 
securing an open system such as passenger rail.
    In continuing its oversight in this area, Subcommittee 
Staff conducted a site visit on August 23, 2006 of mass transit 
security initiatives at the Washington Metropolitan Area 
Transit Authority headquarters located in Washington, DC. The 
visit focused on the challenges faced by transit authorities in 
providing adequate security for their passengers.
    This work culminated in the inclusion of rail and mass 
transit provisions in H.R. 5814, ``the Department of Homeland 
Security Authorization Act for Fiscal Year 2007.''

                      RAIL CORRIDOR PILOT PROJECT

    The Rail Corridor Pilot Project is an ongoing initiative to 
test new technologies such as video cameras, radiological and 
chemical sensors, and ``friend or foe'' technology to detect 
when someone or something foreign enters the secure corridor. 
On June 1, 2005, Subcommittee Staff received a briefing from 
the Transportation Security Administration (TSA) and the Office 
of Infrastructure Protection of the Department of Homeland 
Security. The briefing focused on the ``DC Rail Corridor Pilot 
Project,'' which includes the installation of security cameras 
and sensors along an eight-mile rail corridor.

                        PROTECTION AND RESPONSE

    Rail and mass transit systems require different protection 
and response methods than have been traditionally applied to 
closed systems such as airports. The openness and accessibility 
of rail and mass transit systems are unique qualities in 
transportation, attracting daily commuters and terrorists 
alike. It is impossible to screen each passenger and his 
belongings prior to boarding while maintaining the very nature 
of these systems. Thus, unique, versatile, and flexible 
protection and response methods must be employed at rail and 
mass transit sites to be effective.
    In reviewing rail and mass transit security initiatives at 
the Department, Subcommittee Staff received a briefing on 
February 1, 2006, from the Transportation Security 
Administration (TSA) on the ``Visible Intermodal Protection and 
Response'' (VIPER) program. This briefing allowed staff to 
receive additional information on the pilot program initiated 
by TSA. The program teams Federal Air Marshals, TSA Screeners, 
K-9 teams, and other security personnel to rapidly deploy to a 
variety of surface transportation systems.
    Additionally, Subcommittee Staff received a briefing on 
February 2, 2006 from the National Transit Institute on 
``Terrorist Activity Recognition and Reaction.'' The purpose of 
the briefing was to gather information on the types of 
suspicious behavior recognition training provided to employees.
    On May 15, 2006, Subcommittee Staff were briefed by the 
Technical Support Working Group (TSWG) on ``Rail and Mass 
Transit Security Initiatives.'' The TSWG is the United States' 
national forum that identifies, prioritizes, and coordinates 
interagency and international research and development 
requirements for combating terrorism. The purpose of the 
briefing was to receive information about the ongoing projects 
conducted by TSWG.
    As an additional oversight measure, Subcommittee Staff 
received a classified briefing on October 23, 2006 from the 
Department of Homeland Security on ``Threats to the Rail and 
Mass Transit Environment.'' The purpose of the briefing was to 
provide Staff with a current threat picture of rail and mass 
transit systems.

                           EMPLOYEE TRAINING

    In the aftermath of a terrorist attack on a mass transit 
system, before the traditional first responders may respond, 
the most immediate help will come from the civilians and 
transit employees who are present when the incident occurs. In 
the case of an attack on mass transit systems, the affected 
public must rely on transit employees for evacuation 
instructions. Without proper training, an employee can make 
matters worse, especially in a terrorist situation. For 
example, during the sarin gas attack on the Tokyo, Japan subway 
in 1995, unknowing conductors continued to operate trains after 
the sarin gas had been released. Resulting in the gas being 
spread to more stations, increasing public exposure. 
Additionally, transit employees may be in a position to 
identify suspicious behavior or packages. Without proper 
training, however, an employee cannot be expected to assist in 
preventing or responding to a terrorist attack. HR741.002
    On September 15, 2006, Subcommittee Staff received a 
briefing from the Transportation Security Administration (TSA), 
the Office of Grants and Training, the Federal Transit 
Administration, and the Federal Railroad Administration on the 
training programs provided to rail and mass transit agencies. 
The purpose of the briefing was to ascertain the ongoing 
coordination between the Department of Homeland Security and 
the Department of Transportation on mass transit and rail 
training for employees.
    The Subcommittee held a hearing on September 28, 2006 
entitled ``Front-Line Defense: Security Training for Mass 
Transit and Rail Employees.'' The Subcommittee received 
testimony from Mr. John Sammon, Assistant Administrator for 
Transportation Sector Network Management, Transportation 
Security Administration, Department of Homeland Security; Mr. 
Terry Rosapep, Deputy Associate Administrator, Office of 
Program Management, Federal Transit Agency; and Mr. William 
Fagan, Director of Security, Federal Railroad Administration. 
The Subcommittee also received testimony from Mr. Ed Wytkind, 
President, Transportation Trades Department, AFL-CIO; Mr. John 
P. Tolman, Vice President and National Legislative 
Representative, Brotherhood of Locomotive Engineers; Chief 
Polly Hanson, Metro Transit Police Department, Washington Metro 
Area Transit Authority; and Mr. Edward Hamberger, President and 
Chief Executive Officer, American Association of Railroads. 
This hearing presented an opportunity to hear from Federal 
officials, local transit authorities, and front-line employees 
on their current needs and capabilities.

                      HAZARDOUS MATERIALS SECURITY

    Hazardous Materials (HAZMAT) are substances in certain form 
and quantity, which may pose a danger to human health or the 
environment, or that must be handled safely for another reason. 
Goods such as chlorine and ammonia are HAZMATs, as well as 
paint, alcohol, gasoline, and hairspray. All goods that are on 
the HAZMAT list maintained by the Department of Transportation 
(DOT) must be placarded if transported.
    Subcommittee Staff received a briefing on February 9, 2006, 
from the Transportation Security Administration (TSA) on 
``Hazardous Materials Security.'' The purpose of the briefing 
was to receive information on the Department's efforts to 
secure hazardous materials and an update on the Hazardous 
Materials Endorsement (HME) Security Threat Assessment Program.
    On October 25, 2005, Subcommittee Staff received a briefing 
by TSA and DOT on the ``Current Hazardous Materials list and 
background screening under the Hazardous Materials Endorsement 
Security Threat Assessment Program.'' The purpose of the 
briefing was to receive an update on the program and to discuss 
options for creating a new list of hazardous materials that is 
focused on security, rather than safety.
    The Subcommittee held a hearing on November 1, 2005, 
entitled ``Reforming HAZMAT Trucking Security.'' The 
Subcommittee received testimony from Mr. Justin Oberman, 
Assistant Director, Transportation Threat Assessment and 
Credentialing, Transportation Security Administration, 
Department of Homeland Security; Mr. Robert McGuire, Associate 
Administrator, Pipeline and Hazardous Materials Safety 
Administration, Department of Transportation; Mr. Stephen 
Russell, Chairman and CEO, Celadon Group Inc., testifying on 
behalf of the American Trucking Association; Mr. Michael 
Laizure, Owner-Operator, Time Critical Ordnance Transport, 
testifying on behalf of The Owner-Operator Independent Drivers 
Association; Mr. Gary Brown, General Counsel, Pyro 
Spectaculars, testifying on behalf of the American Pyrotechnics 
Association; Ms. Linda Lewis-Pickett, President and CEO, 
American Association of Motor Vehicle Administrators; and Mr. 
Scott Madar, Assistant Director, Safety and Health Department, 
International Brotherhood of Teamsters. The purpose of this 
hearing was to review the effectiveness of the existing 
regulations governing background checks for individuals 
transporting hazardous materials by truck and the impact of 
these regulations on the trucking industry.
    On November 16, 2005, Subcommittee Staff received a 
briefing from the Federal Bureau of Investigation on 
``Improvised Explosive Devices.'' The purpose of the briefing 
was to receive information on current methods, threats, and 
substances used to create and employ improvised explosive 
devices.
    Additionally, on March 3, 2006, Subcommittee Staff was 
briefed by the Department of Homeland Security and the 
Department of Transportation on ``Regulations of Hazardous 
Materials Transported by Rail.'' This briefing from TSA, the 
Federal Railroad Administration (FRA), and the Pipeline and 
Hazardous Material Safety Administration (PHMSA) discussed the 
issuance of rail security regulations to expand existing HM-232 
regulations. The proposed regulations would have a separate 
section dedicated to securing the transportation of hazardous 
materials via rail. The briefing discussed the options for 
regulating the transportation of HAZMAT through high-threat 
urban areas, re-routing of materials around, such areas and 
other possible alternatives.

                           TRUCKING SECURITY

    The trucking industry is a vital aspect to the overall 
economy, as it delivers both the necessary goods, but also the 
hazardous materials used to create materials. To protect the 
vitality of the economy, American citizens, and neighborhoods, 
and ensure that needed goods are delivered on a fast, reliable 
basis, the security of the trucking industry remains a 
significant concern.
    On June 16, 2006 the Subcommittee held a hearing on H.R. 
5604, the ``Screening Applied Fairly and Equitably to Truckers 
Act of 2006.'' The Subcommittee received testimony from Mr. 
Robert Jamison, Deputy Administrator, Transportation Security 
Administration, Department of Homeland Security; Mr. David S. 
McClimon, President, Con-Way Freight Inc., on behalf of 
American Trucking Association; Mr. Todd Spencer, Executive Vice 
President, Owner-Operator Independent Drivers Association; and 
Ms. Cynthia Hilton, Executive Vice President, Institute of 
Makers of Explosives. This hearing examined the impact of 
legislation on the Transportation Security Administration (TSA) 
and trucking industry stakeholders.
    See discussion of H.R. 5604, listed above.

            TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL

    The Subcommittee focused intensely on the Transportation 
Worker Identification Credential (TWIC) being implemented by 
the Transportation Security Administration (TSA) and the United 
States Coast Guard. The purpose of the TWIC program is to 
provide a secure, biometric card to all transportation workers 
who need to enter secure areas of ports. This includes no only 
dock workers, longshoremen, and vessel crews, but also truck 
drivers hauling cargo. In 2003, TSA began a pilot program to 
test the enrollment, issuance, and use of TWIC cards at the 
ports. This pilot program began its final phase in early 2005.
    During the 109th Congress, the Subcommittee received 
numerous briefings from both TSA and the Coast Guard. On May 
12, 2005, Subcommittee Staff received a briefing from TSA and 
the Coast Guard. This briefing focused on the progress of the 
TWIC pilot project. On December 14, 2005, Subcommittee Staff 
received an additional briefing providing an update of the TWIC 
pilot program, preliminary results of the program, and 
integration concerns with other screening programs.
    Subcommittee Staff attended a public hearing on the TWIC 
Notice of Proposed Rulemaking (71 Fed. Reg. 29396-29535 (May 
22, 2006)) in St. Louis, Missouri on June 6, 2006. The public 
hearing was attended by officials from the Transportation 
Security Administration, the United States Coast Guard, and 
industry stakeholders.
    The Subcommittee's oversight of the TWIC program resulted 
in the inclusion of legislative provisions on the subject in 
the Security and Accountability for Every Port Act (P.L. 109-
711). These provisions provided an accelerated timeline for 
implementation of the program, which has been delayed for a 
number of years. The provisions also required additional pilot 
programs to test the feasibility of the card readers in the 
maritime environment.

   Subcommittee on Economic Security, Infrastructure Protection, and 
                      Cybersecurity Hearings Held

    Proposed Fiscal Year 2006 Budget: Integrating Homeland 
Security Screening Operations. Hearing held March 2, 2005. 
Serial No. 109-3.
    H.R. 285, the Department of Homeland Security Cybersecurity 
Enhancement Act of 2005. Hearing held April 20, 2005. Serial 
No. 109-11.
    The Transportation Security Administration's Screening of 
Airline Pilots: Sound Security Practice or Waste of Scarce 
Resources? Hearing held May 13, 2005. Serial No. 109-13.
    H.R. 1509, Recreational Boaters Streamline Inspection Act. 
Hearing held May 19, 2005. Serial No. 109-14.
    The Homeland Security Missions of the Post-9/11 Coast 
Guard. Hearing held June 8, 2005. Serial No. 109-18.
    The Promise of Registered Traveler. Hearing held June 9 and 
26, 2005. Serial No. 109-19.
    Preventing Terrorist Attacks on America's Chemical Plants. 
Hearing held June 16, 2005. Serial No. 109-20.
    Ensuring the Security of America's Borders through the Use 
of Biometric Passports and Other Identity Documents. Hearing 
held June 22, 2005. Serial No. 109-24.
    Improving Pre-Screening of Aviation Passengers against 
Terrorist and Other Watch Lists. Hearing held June 29, 2006. 
Serial No. 109-27.
    Leveraging Technology to Improve Aviation Security 
Screening. Hearing held July 13 and 19, 2005. Serial No. 109-
31.
    Improving Management of the Aviation Screening Workforce. 
Hearing held July 28, 2005. Serial No. 109-37.
    The London Bombings: Protecting Civilian Targets from 
Terrorist Attacks: Part I. Hearing held September 7, 2005. 
Serial No. 109-39.
    Solving the OTM Undocumented Alien Problem: Expedited 
Removal for Apprehensions along the U.S. Border. Hearing held 
September 28, 2005. Serial No. 109-43.
    SCADA and the Terrorist Threat: Protecting the Nation's 
Critical Control Systems. Joint Hearing with the Subcommittee 
on Emergency Preparedness, Science, and Technology held October 
18, 2005. Serial No. 109-45.
    The London Bombings: Protecting Civilian Targets from 
Terrorist Attacks: Part II. Hearing held October 20, 2005. 
Serial No. 109-39.
    Reforming HAZMAT Trucking Security. Hearing held November 
1, 2005. Serial No. 109-52.
    The Future of TSA's Registered Traveler Program. Hearing 
held November 3, 2005. Serial No. 109-54.
    The President's Fiscal Year 2007 Budget: Coast Guard 
Programs Impacting Maritime Border Security. Hearing held 
February 15, 2006. Serial No. 109-64.
    The President's Proposed FY07 Budget: Risk-Based Spending 
at the Transportation Security Administration. Hearing held 
February 16, 2006. Serial No. 109-66.
    H.R. 5604, Screening Applied Fairly and Equitably to 
Truckers Act of 2006. Hearing held June 16, 2006. Serial No. 
109-85
    H.R. 5695, Chemical Facility Anti-terrorism Act of 2006. 
Hearing held June 29, 2006. Serial No. 109-90.
    Fencing the Border: Construction Options and Strategic 
Placement. Joint hearing with the Subcommittee on Criminal 
Justice, Drug Policy, and Human Resources of the Committee on 
Government Reform held July 20, 2006. Serial No. 109-92.
    Assessing the Northern Border: Considerations for 
Maintaining Secure and Open Borders. Joint hearing with the 
Subcommittee on Emergency Preparedness, Science, and Technology 
held August 8, 2006. Serial No. 109-95.
    The Future of Cyber and Telecommunications Security at the 
Department of Homeland Security. Hearing held September 13, 
2006. Serial No. 109-102.
    Front-Line Defense: Security Training for Mass Transit and 
Rail Employees. Hearing held September 28, 2006. Serial No. 
109-107.

   Subcommittee on Economic Security, Infrastructure Protection, and 
                       Cybersecurity Markups Held

    H.R. 285, ``Department of Homeland Security Cybersecurity 
Enhancement Act of 2005.''; was ordered favorably reported to 
the Full Committee for consideration, without amendment, by 
voice vote. April 20, 2005.
    H.R. 4439, ``Transportation Security Administration 
Reorganization Act of 2005.''; was ordered forward to the Full 
Committee for consideration, amended, by voice vote. March 9 
and 16, 2006.
    H.R. 4954, ``Security and Accountability For Every Port 
Act'' or ``SAFE Port Act.''; was ordered favorably forwarded to 
the Full Committee for consideration, amended, by voice vote. 
March 30, 2006.
    H.R. 5604, ``Screening Applied Fairly and Equitably to 
Truckers Act of 2006'' or the ``SAFE Truckers Act of 2006''; 
was ordered favorably forwarded to the Full Committee for 
consideration, amended, by voice vote. June 22, 2006.
    H.R. 5965,''Chemical Facility Anti-Terrorism Act of 
2006.''; was ordered favorably forwarded to the Full Committee 
for consideration, amended, by voice vote. July 11, 2006.

   Subcommittee on Economic Security, Infrastructure Protection, and 
              Cybersecurity Briefings and Site Visits Held

    Member briefing on the Federal Air Marshals. September 27, 
2005.
    Member briefing on the Computer Assisted Passenger 
Prescreening System (CAPPS). September 29, 2005.
    Member briefing on rail security. November 1, 2005.
    Member briefing with the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment on security 
vulnerabilities of portable electronic devices and U.S. 
government cyber systems. November 3, 2006.
    Joint Member briefing with the Subcommittee on 
Intelligence, Information Sharing, and Terrorism Risk 
Assessment on the overview and role of the Immigration and 
Customs Enforcement (ICE) Forensic Document Laboratory (FDL). 
December 7, 2005.
    Member briefing on Transportation Security Administration 
(TSA) changes on prohibited items list. December 16, 2005.
    Member briefing with the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment on the 
radicalization in United States prisons. February 8, 2006.
    Member briefing with the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment on terrorist 
intentions toward United States aircraft. March 2, 2006.
    Site Visit with the Subcommittee on Emergency Preparedness, 
Science, and Technology of the Port of Seattle, the Peace Arch 
Port of Entry, and the Bellingham Air and Marine Branch. August 
7 through 8, 2006.
 Subcommittee on Intelligence, Information Sharing, and Terrorism Risk 
                               Assessment

ROB SIMMONS, Connecticut, Chairman

Zoe Lofgren, California              Curt Weldon, Pennsylvania
Loretta Sanchez, California          Mark E. Souder, Indiana
Jane Harman, California              Daniel E. Lungren, California
Nita M. Lowey, New York              Jim Gibbons, Nevada
Sheila Jackson-Lee, Texas            Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Bobby Jindal, Louisiana
Kendrick B. Meek, Florida            Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Intelligence and information sharing for the purpose of 
preventing, preparing for, and responding to potential terrorist 
attacks on the United States; the responsibility of the Department of 
Homeland Security for comprehensive, nationwide, terrorism-related 
threat, vulnerability, and risk analyses; the integration, analysis, 
and dissemination of homeland security information, including the 
Department of Homeland Security's participation in, and interaction 
with, other public and private sector entities for any of those 
purposes; communications of terrorism-related information by the 
federal government to State, local, and private sector entities; 
issuance of terrorism threat advisories and warnings (including 
administration of the Homeland Security Advisory System); liaison of 
the Department of Homeland Security with U.S. intelligence and law 
enforcement agencies; information gathering, analysis, and sharing by 
Department of Homeland Security entities; the role of intelligence in 
terrorism threat prioritization; conducting relevant oversight; and 
other matters referred to the Subcommittee by the Chairman.

                                 ------                                

    The Subcommittee held 17 hearings, 13 Member briefings and 
numerous Subcommittee Staff level briefings focused on 
intelligence, information sharing, threat and risk assessment, 
privacy, radicalization and general departmental oversight. 
These activities resulted in, among other things, the 
Subcommittee's contribution to the Fiscal Year 2006 Department 
of Homeland Security Authorization Act, which passed the House 
on May 18, 2005, and to the formulation and passage through 
committee of H.R. 5001, H.R. 5002, H.R. 5003 and H.R. 5004, 
which were incorporated into the FY 2007 Department of Homeland 
Security Authorization Act.

Legislative Activities of the Subcommittee on Intelligence, Information 
                 Sharing, and Terrorism Risk Assessment


 THE HOMELAND SECURITY INFORMATION SHARING AND ENHANCEMENT ACT OF 2005

Summary

    The Committee Print entitled ``The Homeland Security 
Information Sharing and Analysis Enhancement Act of 2005'' 
strengthens the Homeland Security Terrorist Threat Analysis, 
improves the effectiveness of the Homeland Security Advisory 
System, and enhances the Department of Homeland Security's role 
in the sharing Homeland Security Information.

Legislative History

    The Subcommittee on Intelligence, Information Sharing, and 
Terrorism Risk Assessment considered a Committee Print entitled 
``The Homeland Security Information Sharing and Enhancement Act 
of 2005'' on April 26, 2005, and forwarded the measure to the 
Full Committee, without amendment, by voice vote.
    Portions of the Committee Print were included in Title V of 
H.R. 5814, the Department of Homeland Security Authorization 
Act for FY 2007, which was ordered reported by the Committee on 
July 19, 2006. See discussion of H.R. 5814, listed above.

  DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 
                             REORGANIZATION

    To reorganize the Directorate for Information Analysis and 
Infrastructure Protection of the Department of Homeland 
Security, to facilitate homeland security information sharing, 
and for other purposes.

Summary

    The Committee Print entitled ``To reorganize the 
Directorate for Information Analysis and Infrastructure 
Protection of the Department of Homeland Security, to 
facilitate homeland security information sharing, and for other 
purposes,'' established and assigned responsibilities to an 
Office of Intelligence and Analysis and Under Secretary for 
Intelligence and Analysis (I&A); assigned responsibilities for 
Intelligence Components of the Department to coordinate and 
support I&A and established training for Intelligence 
Components; assigned primary authority to I&A for the 
dissemination of homeland security information; revised and 
improved the Homeland Security Advisory System; directed the 
Department to establish a Department-wide Information Sharing 
Environment, including a comprehensive information technology 
architecture for the Office of Intelligence and Analysis; 
directed DHS to coordinate intelligence efforts with State, 
Local, Tribal and Regional Fusion Centers; and directed DHS to 
make full and efficient use of Open Source Information.

Legislative History

    H.R. 5004, legislation resulting from the Subcommittee's 
consideration, was introduced in the House on March 16, 2006, 
and referred to the Committee on Homeland Security, and in 
addition to the Permanent Select Committee on Intelligence. As 
introduced, H.R. 5004 consisted of the text of H.R. 5001, H.R. 
5002, and H.R. 5003.
    The Subcommittee on Intelligence, Information Sharing, and 
Terrorism Risk Assessment considered a Committee Print ``To 
reorganize the Directorate for Information Analysis and 
Infrastructure Protection of the Department of Homeland 
Security, to facilitate homeland security information sharing, 
and for other purposes,'' on March 29, 2006, and forwarded the 
measure to the Full Committee for consideration, without 
amendment, by voice vote. The Committee Print as agreed to 
consisted of modified text of H.R. 5004.
    Portions of the Committee Print were also included in Title 
V of H.R. 5814, the Department of Homeland Security 
Authorization Act for FY 2007, which was ordered reported by 
the Committee on July 19, 2006. See discussion of H.R. 5814, 
listed above.

 Oversight Activities of the Subcommittee on Intelligence, Information 
                 Sharing, and Terrorism Risk Assessment


                  ORGANIZATION AND SECOND-STAGE REVIEW

    During the 109th Congress, the Subcommittee focused on the 
Department of Homeland Security's (DHS) ongoing reorganization 
of its intelligence activities. The Homeland Security Act of 
2002 (P.L. 107-296) created an intelligence office in the 
Department known as the Office of Information Analysis. This 
Office was designed to report to the Secretary through the 
Under Secretary for Information Analysis and Infrastructure 
Protection. While the Homeland Security Act created this 
Office, it did not consolidate the intelligence functions of 
the previously existing components of the Department that were 
to become parts of Customs and Border Protection, the 
Transportation Security Administration, Immigration and Customs 
Enforcement, and the United States Coast Guard, among others.
    Eventually, it became clear to both the Subcommittee and 
the Administration that a more effective approach would be to 
consolidate the Department's intelligence functions into a 
centralized office. On July 13, 2005, in a reorganization 
notification letter to Congress pursuant to provisions in the 
Homeland Security Act of 2002, the Secretary of Homeland 
Security outlined the plan to reorganize the ten different 
intelligence offices within the Department. As part of the 
reorganization, the Secretary elevated the Office of 
Information Analysis to a stand alone office reporting directly 
to the Secretary. The Secretary designated this office as the 
Office of Intelligence and Analysis. He also indicated that 
``the Information Analysis unit should be a DHS-wide analytic 
entity that is empowered to coordinate activities and fuse 
information from all intelligence offices in DHS.''
    Responsibility for the integration of these activities was 
given to the Chief Intelligence Officer in the January 30, 
2006, DHS Management Directive entitled: ``Intelligence 
Integration and Management.'' However, the Chief Intelligence 
Officer was not given additional budgetary authority over the 
other intelligence entities.
    On October 19, 2005, the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment of the 
Committee on Homeland Security and the Subcommittee on 
Terrorism, Human Intelligence, Analysis and Counterintelligence 
of the House Permanent Select Committee on Intelligence held a 
joint hearing entitled ``The Department of Homeland Security 
Second Stage Review: The Role of the Chief Intelligence 
Officer.'' The Subcommittees received testimony from Mr. 
Charles Allen, Chief Intelligence Officer, Department of 
Homeland Security; and Mr. Richard Ben-Veniste, 
9/11 Public Discourse Project. Witnesses for this hearing were 
fairly unanimous in their desire for a more unified 
Departmental intelligence enterprise.
    As a follow up to the intervening budget and resource 
hearings, on April 19, 2006, Subcommittee Staff conducted a 
site visit to the Office of Intelligence and Analysis and met 
with the DHS Chief Intelligence Officer to discuss the progress 
of the integration of the DHS Intelligence Enterprise. On May 
10, 2006, the Chief Intelligence Officer for the Department 
sent the Chairman of the Subcommittee a letter outlying his 
progress in the integration of the DHS Intelligence Enterprise 
and the top five objectives for the office.
    Monitoring this transition quickly became a priority for 
the Subcommittee, leading to a hearing on May 24, 2006, 
entitled ``Progress of the DHS Chief Intelligence Officer.'' 
The hearing examined the progress of the DHS Chief Intelligence 
Officer and the efforts to integrate the DHS Intelligence 
Enterprise, reach out to State, local, tribal, and private 
sector officials, and integrate the office into the broader 
intelligence community. The Subcommittee received testimony 
from Mr. Charles E. Allen, Chief Intelligence Officer, Office 
of Intelligence and Analysis, Department of Homeland Security.

          DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE BUDGET

    Additional work overseeing the Office of Information 
Analysis (and its successor pursuant to the Department of 
Homeland Security's Second Stage Review, the Office of 
Intelligence and Analysis) was conducted through the 
traditional mechanism of budgetary oversight. Because the 
budget for this office is received through the National 
Intelligence Program (NIP) [previously the National Foreign 
Intelligence Program (NFIP)] the budget for the Office and many 
of the Subcommittee's oversight activities remain classified.
    Reviewing the budgetary matters of the office began at the 
outset of the 109th Congress. On February 8, 2005, Subcommittee 
Staff received briefings on the Department's FY 2006 Budget 
Request. This was followed by a briefing on the Transportation 
Security Administration's budget on February 10, 2005, a 
briefing focused specifically on the intelligence and 
infrastructure protection activities of the Department on 
February 11, 2005, and a briefing on customs and border budget 
activities on February 14, 2005.
    On February 16, 2005, the Subcommittee held a hearing 
entitled ``The Proposed Fiscal Year 2006 Budget: Building the 
Information Analysis Capability of DHS.'' The Subcommittee 
received testimony from Lt. General Pat Hughes (Ret.), Acting 
Under Secretary, Information Analysis and Infrastructure 
Protection, Department of Homeland Security. This hearing was 
followed by a meeting with Committee Staff on February 18, 
2005, to discuss the classified portions of the Information 
Analysis and Infrastructure Protection Budget.
    Based on these hearings and briefings, on March 3, 2005, 
the Chairman of the Subcommittee testified at the House Budget 
Committee about the budget for the Department's Intelligence 
Activities. While the Chairman testified that the overall 
Information Analysis and Infrastructure Protection Budget was 
sufficient, he also testified to the probable need to re-
allocate resources within the account. This belief led to many 
of the provisions contained within H.R. 5001, H.R. 5002, H.R. 
5003 and H.R. 5004 which passed without objection through the 
Subcommittee and Committee.
    In 2006, the Subcommittee continued its examination of the 
President's Budget Submission for the Department's Intelligence 
Activities. On February 2, 2006 Subcommittee Staff received a 
briefing on the FY 2007 Budget for the Department and held two 
classified briefings on the President's Proposed FY 2007 Budget 
request for the Office of Intelligence and Analysis, on 
February 8 and 15, 2005. These classified briefings afforded 
Members an opportunity to be briefed on the classified National 
Intelligence Program budget request for the Office of 
Intelligence and Analysis.
    On February 15, 2006, the Subcommittee held a hearing 
entitled ``The President's Proposed FY 2007 Budget for the 
Department of Homeland Security: The Office of Intelligence and 
Analysis.'' The Subcommittee received testimony from Mr. 
Charlie E. Allen, Chief Intelligence Officer, Department of 
Homeland Security.
    In the 109th Congress further oversight activities were 
subsequently carried out through functional area hearings and 
briefings that included, where appropriate, discussions of 
resource allocation issues. In addition, subsequent hearings, 
briefings and Subcommittee activities were held to oversee the 
integration of other offices, such as the Transportation 
Security Administration Office of Intelligence. These 
activities are included below as part of the Subcommittee's 
oversight for these offices' intelligence functions and areas 
of responsibility.

                       THREAT AND RISK ASSESSMENT

    The Subcommittee's Members and Staff regularly attended 
threat briefings at the Full Committee and Subcommittee level 
and examined a variety of topics related to threat and risk 
assessment. The Chairman and Ranking Member additionally 
attended several periodic threat update briefings provided by 
the Department of Homeland Security (DHS or the Department) and 
other members of the Intelligence Community. Subcommittee Staff 
received updates as events warranted.
    A number of hearings and briefings were conducted at the 
request of Members of the Subcommittee. For example, on May 25, 
2005, the Subcommittee held a hearing entitled ``Evaluating the 
Threat of Agro-Terrorism.'' The Subcommittee received testimony 
from Dr. Rocco Casagrande, Gryphon Scientific; and Mr. Joseph 
W. Reardon, Food Administrator, Food and Drug Protection 
Division, North Carolina Department of Agriculture and Consumer 
Services. The hearing examined local concern, as represented by 
Dr. Casagrande, which revolved around the potential spread of a 
pest that could devastate the Nation's agricultural base. 
Others testified that the terrorist threat remained low and 
that natural pathogens remained the highest risk.
    Based on Member interest and numerous informal requests on 
the topic, on June 14, 2005, the Subcommittee held a classified 
briefing for the Members of the Full Committee on Chemical 
Plant Security. Members of the Committee were briefed by 
representatives from the Department's Information Analysis and 
Infrastructure Protection (IAIP) Directorate on the terrorist 
threats to and vulnerabilities of chemical facilities.
    Additionally, on March 2, 2006, the Subcommittee joined 
with the Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity of the Committee on Homeland 
Security to host a classified Member briefing on terrorist 
intentions toward U.S. aircraft. The Administrator of the 
Transportation Security Administration (TSA) briefed Members on 
the decision-making process behind the prohibited-items list, 
as part of a larger picture of the strategic TSA security 
strategy.
    While threat is a major component of risk analysis, it is 
only one of three components (the other two factors are 
vulnerability and consequence). To examine the issue in more 
depth, on November 17, 2005, the Subcommittee held a hearing 
entitled ``Terrorism Risk Assessment at the Department of 
Homeland Security.'' Testimony was received from Ms. Melissa 
Smislova, Acting Director, Department of Homeland Security, 
Homeland Infrastructure Threat and Risk Analysis Center 
(HITRAC), Assistant Secretary for Intelligence and Analysis--
Chief Intelligence Officer, Department of Homeland Security; 
Ms. Christine Wormuth, Senior Fellow--International Security 
Program, Center for Strategic and International Studies; Dr. 
Detlof von Winterfeldt, Director, Center for Risk and Economic 
Analysis of Terrorism Events, University of Southern 
California; and Dr. Henry Willis, Policy Researcher, The RAND 
Corporation.
    Based on work at this hearing and coupled with the 2007 
expiration of the extension of the Terrorism Risk Insurance Act 
of 2002 (TRIA) (P.L. 107-297), on July 25, 2006, the 
Subcommittee, along with the Subcommittee on Oversight and 
Investigations of the Committee on Financial Services held a 
joint hearing entitled ``Terrorism Threats and the Insurance 
Market.'' The Subcommittees received testimony from Mr. D. 
Terry Fleming, Director for External Affairs, Risk and 
Insurance Management Society; Mr. Chris Lewis, Vice President 
of Alternative Market Solutions and Capital Management, The 
Hartford Financial Services Group, Inc.; Mr. Peter Ulrich, 
Senior Vice President for Model Management, Risk Management 
Solutions; and Mr. Jeffrey DeBoer, President and CEO, Real 
Estate Roundtable. The hearing addressed the lack of 
availability of terrorism risk insurance coverage after the 
September 11th attacks, and the problems insurance companies 
and risk modelers face in assessing terrorism risk. This 
hearing highlighted the difference in risk modeling for a 
terrorist attack versus modeling for a natural disaster. TRIA 
established a temporary three year program under which the 
Federal government would share future insured terrorism losses 
with the property and casualty insurance industry. A modified, 
two year, version of the program was reauthorized in 2005. 
Supporters of the program have advocated for another extension 
of TRIA when the program expires in 2007 and cite problems in 
assessing terrorism risk as the reason a private market for 
terrorism insurance has not emerged.
    As a follow-up to earlier briefings and discussions, on May 
24, 2006, the Chairman of the Subcommittee met with the 
Assistant Secretary for Infrastructure Protection, who 
discussed the new strategies being implemented for the 
Infrastructure Protection Directorate to catalog the nation's 
critical infrastructure and key resources and coordinate risk-
based strategies and protective measures to secure them from 
terrorist attack.

                                PRIVACY

    Privacy remains one of the cornerstones of American 
society. The Department of Homeland Security (DHS or 
Department) Privacy Officer has oversight of all privacy policy 
matters, including compliance with the Privacy Act of 1974 (5 
U.S.C. 552a, as amended), the Freedom of Information Act of 
1966 (5 U.S.C. 552, as amended), and the completion of Privacy 
Impact Assessments on all new programs, as required by the E-
Government Act of 2002 (P.L. 107-347), and Section 222 of the 
Homeland Security Act of 2002 (P.L. 107-296). In this way, 
privacy is designed to be fully integrated into the 
Department's activities.
    The Subcommittee's oversight activities reflected a 
consistent interest in privacy matters at the Department. The 
Chairman and other Members of the Subcommittee questioned 
witnesses during hearings and briefings about civil liberties, 
data integrity, computer system safeguards, and protection of 
``U.S. Persons'' information. The Subcommittee's integrated 
approach to privacy uncovered some areas where privacy 
protections could be improved and dedicated specific efforts to 
ensure the subject received proper emphasis with Departmental 
authorities, by holding further hearings.
    On April 6, and May 10, 2006, the Subcommittee held a 
hearing entitled ``Protection of Privacy in the DHS 
Intelligence Enterprise.'' The hearing reviewed the specific 
privacy protection measures that the Department has implemented 
in protecting the use, acquisition, and disclosure of personal 
information being used to support the DHS Intelligence 
Enterprise. The Subcommittee received testimony from Ms. 
Maureen Cooney, Acting Chief Privacy Officer, Department of 
Homeland Security; Mr. Kirk Herath, Chief Privacy Officer, AVP-
Associate General Counsel, Nationwide Insurance Companies; Mr. 
Jonathan Turley, Shapiro Professor of Public Interest Law, 
George Washington Law School; and Mr. Patrick Hughes, 
Lieutenant General, U.S. Army (Retired), Vice President--
Homeland Security, L-3 Communications. On May 10, the Minority 
Members of the Subcommittee held a minority day of hearing, in 
which no testimony was received and no witnesses were present.
    On May 23, 2006, the Subcommittee on Intelligence, 
Information Sharing and Terrorism Risk Assessment held an 
Executive Session Member briefing on classified information 
sharing among Federal intelligence partners and privacy 
protection. The brief was given by the Chief Intelligence 
Officer of the Department of Homeland Security and covered the 
use and control of classified information that is gathered by 
other Federal agencies.
    Additionally, on June 7, 2006, Subcommittee Staff attended 
the Department of Homeland Security's Data Privacy and 
Integrity Advisory Committee meeting held in San Francisco, 
California. The meeting was attended by representatives from 
U.S. Immigration and Customs Enforcement (ICE), Sheffield 
University Centre for Criminological Research, US-VISIT, 
Google, Inc., the University of California at Berkeley, 
Electronic Privacy Information Center, California Department 
Motor Vehicles, Center for Democracy and Technology, Sun 
Microsystems, and heard from the general public.
    In response to specific reports of privacy violations and 
as a result of allegations in a July 7, 2006, Los Angeles Times 
article that California authorities were spying on war 
protesters the Subcommittee Chairman sent a letter requesting 
information on how civil liberties protections were built into 
the grant system so that DHS funds would not be used by States 
to violate civil liberties. On July 28, 2006, the Committee 
received a response to this letter.

                                TRAINING

    The Department of Homeland Security (DHS or Department) was 
merged together from a variety of agencies and, with respect to 
the Office of Intelligence and Analysis, newly created. The 
Department exists in name and legislation but still lacks 
within its disparate agencies an ``esprit d'corps'' and common 
culture among its personnel. In order to develop a culture 
throughout the intelligence components of DHS, common standards 
of training and education were needed to solidify an integrated 
DHS Intelligence Enterprise. This issue has been stressed 
numerous times to Departmental officials, including the Chief 
Intelligence Officer and Assistant Secretary for Grants and 
Training, in meetings with Staff and Members. Members and 
Committee Staff have encouraged the Department to further 
develop an enterprise-wide approach in building curriculum and 
courses to support the growth and development of both DHS 
intelligence professionals and State, local, tribal and private 
sector homeland security intelligence professionals.
    On May 1, 2006, the Chairman of the Subcommittee sent a 
letter to the Assistant Secretary of Grants and Training, 
Department of Homeland Security requesting information on DHS 
grants available for training to non-Federal homeland security 
partners. The Subcommittee received a response on May 31, 2006.
    On July 24, 2006, Subcommittee Staff visited the Federal 
Law Enforcement Training Center (FLETC) facility in Cheltenham, 
Maryland to review the Intelligence Analyst training curriculum 
being developed by FLETC and the Office of Intelligence and 
Analysis. Additionally, on August 9, 2006, Subcommittee Staff 
participated in a site visit to FLETC's training facility at 
Glynco, Georgia. FLETC personnel presented counterterrorism and 
intelligence related curriculum being taught to both non-
Federal and Federal law enforcement officers being trained at 
the Glynco facility.
    On October 6, 2006, Subcommittee Staff met with the 
Director for Training, Education and Professional Development, 
Office of Intelligence and Analysis, Department of Homeland 
Security. The Director and Subcommittee Staff reviewed the DHS 
Intelligence Enterprise training, education, and professional 
development program.
    The general focus of oversight from the Subcommittee has 
been to encourage the growth of an integrated DHS Intelligence 
Enterprise that is inclusive of non-Federal intelligence 
professionals. This included promoting an integrated DHS 
Intelligence Enterprise through the inclusion of State, local, 
tribal, and private sector intelligence professionals, expanded 
grant guidance to help fund greater participation by State, 
local, tribal, and private sector partners in intelligence 
training and educational opportunities, and continued 
partnership, investment, and expansion of FLETC training 
facilities for the development of homeland security 
intelligence professionals.
    This oversight resulted in the new Basic Intelligence 
Threat and Analysis Center (BITAC) and other intelligence 
career development courses being developed by the Office of 
Intelligence and Analysis' Director for Training, Education and 
Professional Development and is offered to both DHS and non-
Federal homeland security intelligence professionals.

                TRANSPORTATION AND MARITIME INTELLIGENCE

    Every day, millions of Americans use airlines, rail or mass 
transit to commute for business, school, or to go about their 
daily lives. Billions of dollars of commerce flow through U.S. 
ports daily, in addition to maritime transit systems such as 
ferries and cruise ships. The threat to our transit systems and 
their interest to terrorist groups was apparent on 9/11 and 
remain apparent in the frequency by which they are attacked 
internationally. Countries like the United Kingdom, the Kingdom 
of Spain, the Russian Federation, Japan, the Republic of India, 
the State of Israel and others, have all been the focus of 
attacks on their mass transit systems by terrorist groups. The 
need for efficient and effective sharing of intelligence to 
prevent and disrupt acts of terrorism upon our Nation's 
transportation system is evident. The Subcommittee has focused 
on intelligence as the first line of defense in protecting this 
vital node of our economy and livelihood.
    Given the demonstrated importance of transportation 
security to homeland security, the Homeland Security Act of 
2002 (P.L. 107-296) consolidated many of the transportation 
security-related functions of the federal government into the 
Department of Homeland Security (DHS or the Department), 
including the United States Coast Guard and the Transportation 
Security Administration (TSA). Both the USGC and the TSA have 
intelligence functions that are integral into the national 
intelligence and homeland security effort. The TSA Office of 
Intelligence (OI) is mandated by the Aviation and 
Transportation Security Act of 2001 (ATSA) (P.L. 107-71) and is 
further revised by the Homeland Security Act of 2002 (P.L. 107-
296). ATSA directs TSA to ``receive, assess, and distribute 
intelligence information related to transportation security; 
assess threats to transportation; develop policies, strategies, 
and plans for dealing with threats to transportation security; 
[and] act as the primary liaison for transportation security to 
the intelligence and law enforcement communities  .  .  .''
    The TSA Office of Intelligence fuses high level 
intelligence with other information to produce intelligence on 
threats to aviation and other nodes of transportation. TSA 
Intelligence disseminates information to Federal Security 
Directors, airport staff, airline personnel and other 
transportation-related agencies and entities. TSA also works 
with the DHS Homeland Infrastructure Threat and Risk Analysis 
Center (HITRAC) on areas of mutual concern for critical 
infrastructure nodes. Under the Department of Homeland 
Security's Second Stage Review, TSA is responsible for 
supporting the overall DHS Intelligence Enterprise, headed by 
the DHS Chief Intelligence Officer.
    To examine transportation security related intelligence 
issues, on January 31, 2005, and April 21, 2006 the 
Subcommittee Staff received a threat briefing and discussed the 
roles and responsibilities of the TSA's Office of Intelligence 
and reviewed their facilities at the TSA Headquarters in 
Arlington, Virginia. Additionally, in December of 2005, TSA 
provided another briefing to the Committee on the threat to 
aviation and the operations of the Office of Intelligence.
    On June 12, 2006, Members of the Subcommittee visited the 
TSA's Office of Intelligence Headquarters located in Arlington, 
Virginia. Members of the Subcommittee received an overview 
brief and tour of TSA's Office of Intelligence.
    The Office of Intelligence has undergone a number of minor 
and major reorganizations to meet both the operational 
intelligence requirements of its partners and stakeholders in 
transportation security and the strategic intelligence 
requirements levied by the integration into the DHS 
Intelligence Enterprise. To ensure that these requirements are 
being met and to better understand the needs of the Office on 
June 14, 2006, the Subcommittee held a hearing entitled 
``Transportation Security Administration's Office of 
Intelligence: Progress and Challenges.'' The hearing examined 
the role of the TSA Office of Intelligence in assuring 
transportation security and how the Office Intelligence is 
integrating and coordinating with the broader mission of the 
Department of Homeland Security. The Subcommittee received 
testimony from Mr. Bill Gaches, Assistant Administrator for 
Intelligence, Transportation Security Administration, 
Department of Homeland Security; and Ms. Cathleen A. Berrick, 
Director, Homeland Security and Justice, Government 
Accountability Office.
    In order to effectively screen and identify passengers and 
cargo, TSA relies on entities such as the National Targeting 
Center and the Terrorist Screening Center to provide data for 
use in screening. Subcommittee Members and Staff visited the 
National Targeting Center and the Terrorist Screening Center on 
January 25, 2005, and had discussions on their operations and 
responsibilities. Additionally, on November 15, 2005, the 
Subcommittee hosted a briefing for all Committee Members with 
the Director of the Terrorist Screening Center.
    Screening activities sometimes involve cases of mistaken 
identity, on July 13, 2006, Committee Staff received a brief 
from the Government Accountability Office reviewing the 
misidentifications and redress processes at Terrorist Screening 
Center and other screening agencies.
    Another major component to U.S. transportation and 
commercial security involves the maritime domain. The Coast 
Guard has homeland security, transportation security, public 
safety and environmental duties. On an average day, the Coast 
Guard enforces 129 security zones, interdicts 15 illegal 
migrants at sea, boards 4 high interest vessels and 192 vessels 
of law enforcement interest, boards 122 large vessels for port 
safety checks, responds to 11 oil and hazardous chemical 
spills, and monitors the transit of 2,557 commercial ships 
through U.S. ports. The volume and diversity of the Coast 
Guard's responsibilities makes it essential that it be a robust 
producer and consumer of intelligence in order to focus its 
limited resources on high priority homeland security mission 
areas.
    On January 14, 2005, Subcommittee Staff attended a briefing 
on an overview of Coast Guard activities and on March 7, 2006, 
the Subcommittee joined with the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity of the 
Committee on Homeland Security to conduct a Member site visit 
to the Coast Guard Intelligence Coordination Center in Suitland 
Maryland. Members of the Subcommittee received an overview of 
the Coast Guard's role in homeland security-related maritime 
intelligence and on the overall Department's information 
sharing architecture.
    Additionally, on August 10, 2006, Subcommittee Staff 
participated in a site visit to the Coast Guard Jacksonville 
Sector Command in Jacksonville, Florida. Representatives from 
the Florida Department of Law Enforcement, High Intensity Drug 
Trafficking Area (HIDTA), FBI Joint Terrorism Task Force, FBI 
Special Agent in Charge, Jacksonville Sheriff's Office, 
Jacksonville Port Authority, Customs and Border Protection, and 
the Coast Guard Jacksonville Sector Command briefed on how 
intelligence and terrorist related information is coordinated 
and shared between the different homeland security partners in 
the Jacksonville area. The site visit also included tour of the 
Jacksonville port onboard a U.S. Coast Guard vessel reviewing 
the vulnerabilities to the critical infrastructure within the 
port from terrorist attacks.

                            BORDER SECURITY

    For terrorists and their supporters, the ability to move 
innocuously across international borders is vital to their 
ability to effectively plan, finance, and execute terrorist 
attacks. The September 11th hijackers were able to gain entry 
33 times into the United States. Keeping terrorists out of the 
country, or detecting and following their movements depends on 
information and intelligence, and getting that information into 
the right hands.
    In addition to regular Staff and Member threat briefings on 
border activities throughout the 109th Congress and regular 
briefings with intelligence components of the Department, the 
Subcommittee was engaged in a number of activities covering 
border intelligence issues.
    On April 6, 2005, Subcommittee Staff attended a briefing 
from former members of the border security team of the National 
Commission on Terrorist Attacks Upon the United States, who 
studied how terrorists penetrate U.S. borders. On August 16-17, 
2005 Subcommittee Staff visited border facilities in El Paso, 
Texas, including the Border Patrol Air Facility, the Border 
Patrol Tactical Unit (BORTAC), the Border Patrol Field 
Intelligence Center, the Department of Defense Joint Task 
Force-North, and the El Paso Intelligence Center (EPIC).
    On October 24 through 25, 2005, the Department of Homeland 
Security (DHS or Department) held a conference to gather input 
from DHS and Intelligence Community partners to formulate 
better intelligence strategies to develop the DHS Chief 
Intelligence Officer's Intelligence Campaign Plan to support 
the Department's Secure Borders Initiative. Among the needed 
improvements identified as a result of the conference were 
greater focus on strategic analysis; coordination and 
integration of analytic efforts at both the tactical and 
strategic levels; inclusion of DHS agent and inspector insight 
in collection and exploitation activities; better-defined areas 
of responsibility for information sharing; and dissemination 
of, and identified repositories for, relevant information.
    The Intelligence Campaign Plan (ICP) for Border Security 
was created by the Chief Intelligence Officer to develop and 
implement a comprehensive strategy for collection and analysis 
of border security intelligence. The overall approach for the 
ICP is to bring National intelligence resources to bear on the 
border while at the same time fusing intelligence from DHS 
border and immigration activities into an integrated threat 
picture. This approach is consistent with ongoing operational 
efforts to push the border outward and building a layered 
defense. The ICP effectively coordinates and streamlines 
interagency intelligence efforts on the border, notably the El 
Paso centers visited in 2005, where three valuable intelligence 
centers, run by elements of three different Cabinet agencies, 
are exploring new ways to work together on their common mission 
of securing the border.
    On June 27, 2006, Subcommittee Staff received a brief from 
the DHS Office of Intelligence and Analysis on how the 
Department will integrate component agency information and 
intelligence being collected on the Southern border through the 
development of the Intelligence Campaign Plan.
    The Subcommittee held a hearing on June 28, 2006, entitled 
``DHS Intelligence and Border Security: Delivering Operational 
Intelligence.'' The Subcommittee received testimony from Mr. 
Charles E. Allen, Chief Intelligence Officer, Office of 
Intelligence Analysis, Department of Homeland Security; Mr. 
James Sloan, Assistant Commandant for Intelligence, United 
States Coast Guard, Department of Homeland Security; Ms. 
Cynthia O'Connell, Acting Director, Office of Intelligence, 
Immigration and Customs Enforcement, Department of Homeland 
Security; Mr. L. Thomas Bortmes, Director, Office of 
Intelligence, Customs and Border Protection, Department of 
Homeland Security; Mr. Michael W. Cutler, Fellow, Center for 
Immigration Studies; and Mr. Michael O'Hanlon, Senior Fellow in 
Foreign Policy Studies, Brookings Institution. The hearing 
examined the progress of the Department's component agencies at 
fusing intelligence from DHS border and immigration activities 
into an integrated threat picture and the measures being taken 
to deliver actionable intelligence to the men and women 
securing our borders.
    Additionally, given the interconnection between Department 
of Defense (DoD) border activities and DHS activities observed 
during the trip to El Paso and discussed during the border 
conference, on May 8, 2006 Subcommittee Staff met with DoD 
officials to discuss applicability of DoD Intelligence, 
Surveillance, and Reconnaissance (ISR) research and development 
and its application to help better secure the border. On June 
12, 2006, Subcommittee Staff received a classified brief on 
existing and emerging innovations in ISR technologies operated 
by the DHS components and DoD ISR programs supporting missions 
abroad and domestically that could have potential applicability 
for use by DHS components from DHS and DoD program managers.

    STATE AND LOCAL INFORMATION SHARING AND THE INFORMATION SHARING 
                              ENVIRONMENT

    The Homeland Security Act of 2002 (P.L. 107-296) gave the 
Department of Homeland Security (DHS or Department) the lead 
role in integrating Federal, State, local and tribal 
information into a comprehensive picture of vulnerability and 
threat. The Subcommittee has led Congressional efforts to 
oversee this Departmental responsibility and has engaged in a 
variety of activities in order to strengthen cooperation and 
coordination of information sharing efforts. This includes 
regular meetings with DHS officials, the Government 
Accountability Office, officials from the Homeland Security 
Advisory Council (HSAC), the Homeland Security Council, regular 
contact with the office of the Information Sharing Program 
Manager and other stakeholders, including those involved with 
the Department of Justice Global Justice Information Sharing 
Initiative.
    Since the Homeland Security Act was passed, many Federal 
agencies proceeded to develop their own systems, procedures and 
sharing mechanisms independently of one another. As a result, 
on December 2, 2005, the Chairman of the Subcommittee on 
Intelligence, Information Sharing, and Terrorism Risk 
Assessment sent a letter requesting the Government 
Accountability Office (GAO) update a report entitled ``Homeland 
Security: Efforts to Improve Information Sharing Need to be 
Strengthened'' (GAO-03-760). On December 13, 2005, GAO 
indicated that they would review the report, which is ongoing.
    One example of a system created after the Homeland Security 
Act is the Homeland Security Information Network (HSIN). HSIN 
is a secure, unclassified, web-based communications system that 
serves as DHS' primary nation-wide information sharing and 
collaboration network. The network provides connectivity 
between DHS' Homeland Security Operations Center (HSOC), 
critical private industry and federal, state, and local 
organizations responsible for or involved in combating 
terrorism, responding to critical incidents, and managing 
special events. However, State and local law enforcement were 
already using other information sharing systems such as the Law 
Enforcement Online and Regional Information Sharing System. 
Many of the intended users for HSIN did not utilize the system 
because they believed it to be duplicative. Therefore, on 
October 17, 2005, the Chairman and Ranking Member of the 
Subcommittee on Intelligence, information Sharing, and 
Terrorism Risk Assessment sent a letter to the Director of the 
Homeland Security Operations Center to examine the HSIN. 
Specifically the Subcommittee requested further information on 
the system and the recent withdrawal of some entities from the 
network. The Director of the HSOC responded with staff 
briefings on October 21, 2005 and regular updates.
    Additionally, on April 27, 2006, the Subcommittee held a 
Member briefing on the GAO report; ``Information Sharing: The 
Federal Government Needs to Establish Policies and Processes 
for Sharing Terrorism-Related and Sensitive but Unclassified 
Information'' (GAO-06-385). Representatives from the Government 
Accountability Office briefed Members on the content of the 
report. The conclusion of the report is the Department's HSIN 
is not effectively supporting State and local information 
sharing. In response to these findings, the DHS Office of the 
Inspector General issued five recommendations to the acting 
Director of the Office of Operations Coordination to ensure the 
effectiveness of the HSIN system and information sharing 
approach. On July 13, 2006, personnel from the DHS Office of 
Inspector General presented their report, OIG-06-38, on the 
Homeland Security Information Network to Subcommittee Staff. 
Its findings were similar to those of GAO. On September 13, 
2006, the Subcommittee held a hearing entitled ``The Homeland 
Security Information Network: An Update on DHS Information 
Sharing Efforts.'' The hearing identified the Department's 
plans and activities for sharing information with State and 
local governments; determined how well HSIN supports these 
plans and activities; and identified existing challenges to 
information sharing between DHS and State, local, tribal, and 
private sector partners. The Subcommittee received testimony 
from Mr. Frank Deffer, Assistant Inspector General, Department 
of Homeland Security; Mr. Roger T. Rufe, Director, Operations 
Directorate, Department of Homeland Security; Mr. Charlie 
Allen, Chief Intelligence Officer, Department of Homeland 
Security; Mr. Ian Hay, President, SouthEast Emergency Response 
Network (SEERN) Interim Governance; Captain Charles Rapp, 
Director, Maryland Coordination and Analysis Center (MCAC); and 
Ms. Maureen Baginski, Director, BearingPoint Intelligence 
Sector.

          THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT

    Anticipating these and other difficulties with the 
disparate approach to information sharing, the Intelligence 
Reform and Terrorism Prevention Act of 2004 (IRTPA) (P.L. 108-
458) established the Information Sharing Environment (ISE) and 
the office of the Program Manager. The Program Manager was 
designated to assist, in consultation in the Information 
Sharing Council (ISC), in the development of policies, 
procedures, guidelines, rules and standards for the ISE at the 
Federal level, and to coordinate the development and operation 
of the ISE for Federal, State, local and tribal officials. The 
Program Manager must also manage the development and 
implementation of the ISE by Federal departments and agencies 
to ensure adequate progress, technological consistency, and 
policy compliance.
    Understanding the difficulties with the Homeland Security 
Information Network (HSIN) and the mandate for the Department 
of Homeland Security (DHS or Department) and the Program 
Manager, on July 20, 2005, the Subcommittee held a hearing 
entitled ``A Progress Report on Information Sharing for 
Homeland Security.'' The Subcommittee received testimony from 
Mr. John Cohen, Senior Homeland Security Policy Advisor, 
Executive Office of Public Safety, Commonwealth of 
Massachusetts; Mr. Gary Edwards, Chief Executive Officer, 
National Native American Law Enforcement Association; Dr. Lee 
Colwell, Executive Director, Pegasus Research Foundation; Mr. 
Matthew Broderick, Director, Homeland Security Operations 
Center, Department of Homeland Security; and Mr. Joshua D. 
Filler, Director, Office of State and Local Government 
Coordination, Department of Homeland Security. The consensus of 
the witnesses was that information sharing had improved 
dramatically since 9/11, but still had plenty of room to 
improve.
    Given the role of the Program Manager in the Nation's 
homeland security information sharing efforts, the Subcommittee 
remained engaged with the Program Manager's office from its 
inception. On November 2, 2005, the Chairman of the 
Subcommittee met with Mr. John Russack, Information Sharing 
Program Manager and on November 8, 2005, the Subcommittee held 
a hearing entitled ``Federal Support for Homeland Security 
Information Sharing: The Role of the Information Sharing 
Program Manager.'' Testimony was received from Mr. John 
Russack, Information Sharing Program Manager, Office of the 
Director of National Intelligence; Hon. Lee Hamilton, Vice 
Chairman, 9/11 Public Discourse Project; and Mr. William 
Crowell, Markle Foundation Task Force on National Security in 
the Information Age.
    On April 17 and 28, 2006, Subcommittee Staff met with staff 
from the Information Sharing Program Manager's office to review 
the progress of the office in implementing legislative mandates 
prescribed by the Intelligence Reform and Terrorism Prevention 
Act of 2004. Additionally, on April 26, 2006, the Chairman of 
the Subcommittee met with the newly designated Information 
Sharing Program Manager to discuss the progress of the 
implementation of the Information Sharing Environment.
    On May 10, 2006, the Subcommittee held a hearing entitled 
``Building the Information Sharing Environment: Addressing the 
Challenges of Implementation.'' The hearing examined the 
progress and issues associated with the Federal government's 
information sharing efforts; future plans for the Information 
Sharing Environment; challenges and issues of establishing an 
information sharing environment that will include State, local, 
tribal, and private sector partners; and assess the level of 
cooperation the Program Manager has received from other Federal 
agencies. The Subcommittee received testimony from Ambassador 
Ted McNamara, Information Sharing Program Manager, Office of 
the Director of National Intelligence. On November 16, 2006, 
the Program Manager delivered to the Committee on Homeland 
Security the Implementation Plan Report for the Information 
Sharing Environment.

                     STATE AND LOCAL FUSION CENTERS

    There are over 38 recognized State and Local Fusion Centers 
(SLFC) operating across the country. States are creating SLFCs 
to meet their internal needs and each is unique. Some SLFCs are 
based on an all-crimes, all-hazards approach, while others have 
adapted a purely counter-terrorism focus.
    The Subcommittee has led Congressional efforts to 
understand, appreciate and build upon State and local efforts 
to develop fusion centers. On December 2, 2005, the Chairman of 
the Subcommittee sent a letter requesting the Government 
Accountability Office (GAO) to review issues relating to 
information ``fusion'' centers at the Federal, State, regional, 
and local levels. On December 13, 2005, GAO accepted the review 
of fusion centers, which is ongoing.
    On April 12, and July 11 and 18, 2006, Subcommittee Staff 
met with officials from the Department of Homeland Security 
(DHS or Department) Office of Intelligence Analysis and 
received updates on the DHS and State & Local Fusion Center 
Support Implementation Plan. The briefs reviewed the 
Department's ongoing efforts to develop and implement their 
mandated responsibilities to facilitate the flow of threat 
information among State, local, tribal, and private sector 
homeland security partners, national intelligence and law 
enforcement communities.
    On May 11, 2006, the Subcommittee held an executive 
briefing for Members on the different governance structures of 
State and Local Fusion Centers and on June 6, 2006, the 
Chairman sent a letter to the Secretary of Homeland Security 
requesting an update on the status of DHS efforts surrounding 
State and local fusion centers. On June 28, 2006, the Assistant 
Secretary for Intelligence and Analysis, Department of Homeland 
Security indicated that he intended to keep the Committee 
informed and updated on the status of this program.
    On March 7, 2006, the Subcommittee's efforts on fusion 
centers led to the approval and release of the Department of 
Homeland Security Support Implementation Plan for State & Local 
Fusion Centers. The leading principles behind the plan are to 
build on existing Federal relationships with State and local 
authorities; integrate and analyze information and 
intelligence; and encourage interagency cooperation and 
integrate intelligence into a system that can benefit homeland 
security and counterterrorism programs at all levels.
    Because fusion centers are created and led by State, local, 
tribal, and private sector partnerships, the Subcommittee Staff 
and Members visited several fusion centers across the Nation to 
understand the unique needs, challenges, and requirements 
generated by the centers. On May 22, 2006, Members of the 
Subcommittee on Intelligence, Information Sharing, and 
Terrorism Risk Assessment conducted a site visit of the 
Maryland Coordination and Analysis Center (MCAC) in Baltimore, 
Maryland. The Members received an overview of the MCACs role in 
Maryland's security strategy and how it integrated into the 
overall Department of Homeland Security's missions. On June 8, 
and October 10, 2006, Subcommittee Staff met with the Los 
Angeles Joint Regional Intelligence Center (LA-JRIC) Unified 
Command, the DHS Regional California Intelligence Liaison 
Officer, and representatives of the Archangel project. 
Subcommittee Staff received an overview brief on the 
organizational structure and mission of the JRIC and how 
Federal information and intelligence is integrated into their 
fusion process. Following the briefing at the LA JRIC on June 
8, Subcommittee Staff conducted a site visit of the Port of 
Long Beach aboard a Long Beach Port Police Boat to review the 
security risks from terrorist attacks.
    On June 26, 2006, Subcommittee Staff visited the Virginia 
State Fusion Center to review and assess the level and quality 
of information sharing and intelligence support being given to 
the fusion center by the Department of Homeland Security. On 
August 8, 2006, Subcommittee Staff participated in a site visit 
to the Georgia Information Sharing and Analysis Center (GISAC) 
in Atlanta, GA. Personnel from the State of Georgia, DHS, and 
FBI gave presentations on how terrorist related information is 
gathered and processed for the State of Georgia. On August 11, 
2006, Subcommittee Staff participated in a site visit to 
Florida's State Fusion Center. Personnel from the Florida 
Department of Law Enforcement briefed Subcommittee Staff on how 
terrorist related information is gathered and processed for the 
State of Florida. Discussion focused on the coordination role 
of State, local, tribal, private sector, and Federal homeland 
security partners on terrorist related information; application 
of the Homeland Security Information Sharing Network, and 
intelligence training curriculum being developed by the State 
for Florida for State intelligence analysts.
    On July 18, 2006, the Subcommittee on Intelligence, 
Information Sharing and Terrorism Risk Assessment hosted a 
briefing for the Members of the Committee on Homeland Security 
on the DHS State and Local Fusion Center Initiative. 
Representatives from the Department of Homeland Security's 
Office of Intelligence and Analysis were present to brief 
Members.
    On July 26, 2006, the Chairman of the Subcommittee and 
Subcommittee Staff met with the FBI Assistant Director for the 
Directorate of Intelligence to discuss and clarify the FBI's 
role in the Information Sharing Environment and their 
responsibility to gather and disseminate information and 
intelligence to State, local, tribal, and private sector 
homeland security partners.
    As a result of these oversight efforts, on September 7, 
2006, the Subcommittee held a hearing entitled ``State and 
Local Fusion Centers and the Role of DHS.'' The hearing 
examined the DHS implementation and support plan for State and 
Local Fusion Centers; determined how well the DHS SLFC plan 
will meet the information sharing needs of non-federal homeland 
security partners; and identified the existing challenges to 
information sharing between DHS and State, local, tribal, and 
private sector homeland security partners. The Subcommittee 
received testimony from Mr. Charlie Allen, Chief Intelligence 
Officer, Department of Homeland Security; Col. Ken Bouche, 
Deputy Director, Information & Technology Command, Illinois 
State Police; Ms. Amy Whitmore, Analyst Supervisor, Virginia 
Fusion Center, Virginia State Police; Mr. Richard Canas, 
Director, New Jersey Office of Homeland Security and 
Preparedness.

                             RADICALIZATION

    According to the recent Department of State Country Reports 
on Global Terrorism 2005, the threat from radical Jihadists is 
becoming more widespread, diffuse, and increasingly homegrown. 
Domestic radicalization has manifested itself in the bombings 
in Madrid in 2004 and London in 2005, and operations recently 
uncovered in Canada, the United Kingdom, and the States of 
California, Florida, and Georgia involving Islamic extremists. 
According to the Federal Bureau of Investigations (FBI)--since 
the September 11th attacks, and as of August 31, 2006, 288 
defendants have been convicted or have pleaded guilty in 
terrorism or terrorism-related cases arising from 
investigations conducted primarily after September 11, 2001. In 
addition to these convictions, there are approximately 168 
other defendants who have been charged since September 11, 
2001, in connection with terrorism or terrorism-related 
investigations. Those cases are either still pending in Federal 
courts, have not resulted in criminal convictions, or involve 
defendants who are fugitives or are awaiting extradition.
    The Subcommittee's interest in home-grown radicalism began 
in early 2005, when the Subcommittee requested threat 
information on domestic extremism. This threat information was 
received on April 26, 2005. Ongoing staff efforts led to a 
Subcommittee Staff briefing on prison radicalization in 
February of 2006 with representatives from the George 
Washington University. On February 8, 2006, the Subcommittee 
joined with the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity to host a Member 
briefing on radicalization in United States prisons. 
Representatives from the Homeland Security Policy Institute and 
Critical Incident Analysis Groups (CIAG) briefed Members on 
militant radicalization within U.S. prisons and its connection 
with terrorist cells.
    Based on this briefing, further research and the arrest of 
home-grown terrorists in Toronto, Canada, the Subcommittee held 
a Member briefing on July 12, 2006, on the terrorist 
radicalization process, including specific examples of the 
process at work. The Members received information from 
representatives from National Counterterrorism Center (NCTC) 
and the FBI.
    The Subcommittee Members and Staff conducted a 
Congressional Delegation (CODEL) to Toronto, Canada on July 16, 
2006 to discuss the Toronto-area arrest of 17 individuals 
involved with a terrorist plot against Ontario, Canada. The 
Subcommittee also examined the Canadian experience with 
domestic radicalization and other intelligence and information-
sharing issues. Members of the CODEL met with Canadian law 
enforcement and intelligence officials, including the Royal 
Canadian Mounted Police, Canadian Security and Intelligence 
Service, and local Muslim leaders. The CODEL also met with U.S. 
officials from the U.S. Consulate in Toronto and Customs and 
Border Protection officials to discuss cooperation between U.S. 
Federal agencies and Canada.
    As a result of these activities, on September 20, 2006, the 
Subcommittee held a hearing entitled ``The Homeland Security 
Implications of Radicalization.'' The hearing examined the 
trends in radicalization producing home grown terrorists and 
identified the current activities the NCTC, the FBI, and DHS 
are currently pursuing to mitigate the risk to homeland 
security posed from radicalization. The Subcommittee received 
testimony from Mr. Randall Blake, al Qa'ida Group Chief, 
National Counterterrorism Center; Mr. Don Van Duyn Assistant 
Director, Counterterrorism Division, Federal Bureau of 
Investigations; Mr. Javed Ali, Senior Intelligence Officer, 
Department of Homeland Security; Dr. Walid Phares, Senior 
Fellow, Foundation for the Defense of Democracies; Mr. Frank 
Cilluffo, Director, Homeland Security Policy Institute, The 
George Washington University; Mr. John Woodward, Associate 
Director, RAND Intelligence Policy Center; Mr. Steve Emerson, 
Executive Director, The Investigative Project on Terrorism. 
Immediately following the conclusion of the hearing, the 
Subcommittee held a briefing in Executive Session on the 
terrorist radicalization process. Representatives from the 
NCTC, the FBI, and DHS were present to brief Members.
    On October 2, 2006, Subcommittee Staff received a briefing 
from the Federal Bureau of Prisons on the issues and challenges 
prison radicalization.

                        OPEN SOURCE INTELLIGENCE

    Open Source Information is publicly available information 
(i.e., any member of the public could lawfully obtain the 
information by request or observation), as well as other 
unclassified information that has limited public distribution 
or access. Open Source Intelligence is the product of applying 
the intelligence process to open source information, turning 
that raw information into an intelligence product.
    The Central Intelligence Agency Strategic Intelligence 
Plan, authored by the former Assistant Director of Central 
Intelligence for Analysis and Production, includes 
recommendations to improve the utilization and analysis of open 
source information. The plan recognizes that ``harnessing open 
source information is a key challenge today and will be 
tomorrow because there is so much of it, and because a lot of 
it is critical to our needs.'' The National Commission on 
Terrorist Attacks Upon the United States recommended the 
creation of a new Open Source Agency under the Commission's 
proposed Deputy National Intelligence Director for Foreign 
Intelligence. The Commission on the Intelligence Capabilities 
of the United States Regarding Weapons of Mass Destruction also 
had several recommendations regarding the use of open source 
information.
    Given the potential for the use of open source 
intelligence, and the creation of a new department with 
intelligence responsibilities, on June 21, 2005, the 
Subcommittee held a hearing entitled ``Using Open-Source 
Information Effectively'' to examine how the Department of 
Homeland Security was using Open Source Information. The 
Subcommittee received testimony from Dr. John Gannon, Vice 
President for Global Analysis, BAE Systems, Information 
Technology; Mr. Eliot Jardines, President, Open Source 
Publishing, Inc.; and Mr. Joe Onek, Senior Policy Analyst, Open 
Society Institute. Based on interest generated by this hearing, 
on September 15, 2005, the Subcommittee hosted an Open Source 
Technology and Policy fair open to Members of Congress, their 
staff, and the public in order to provide more information on 
Open Source Intelligence.

 Subcommittee on Intelligence, Information Sharing, and Terrorism Risk 
                        Assessment Hearings Held

    The Proposed Fiscal Year 2006 Budget: Building the 
Information Analysis Capabilities of DHS. Hearing held February 
16, 2005. Serial No. 109-2.
    Evaluating the Threat of Agro-Terrorism. Hearing held May 
25, 2005. Serial No. 109-16.
    Using Open-Source Information Effectively. Hearing held 
June 21, 2005. Serial No. 109-22.
    A Progress Report on Information Sharing for Homeland 
Security. Hearing held July 20, 2005. Serial No. 109-33.
    The Department of Homeland Security Second Stage Review: 
The Role of the Chief Intelligence Officer. Joint hearing with 
the House Permanent Select Committee on Intelligence, 
Subcommittee on Terrorism, Human Intelligence, Analysis and 
Counterintelligence held October 19, 2005. Serial No. 109-47.
    Federal Support for Homeland Security Information Sharing: 
The Role of the Information Sharing Program Manager. Hearing 
held November 8, 2005. Serial No. 109-55.
    Terrorism Risk Assessment at the Department of Homeland 
Security. Hearing held November 17, 2005. Serial No. 109-58.
    The President's Proposed FY07 Budget for the Department of 
Homeland Security: The Office of Intelligence and Analysis. 
Hearing held February 17, 2005. Serial No. 109-63.
    Protection of Privacy in the DHS Intelligence Enterprise. 
Hearing held April 6 and May 10, 2005. Serial No. 109-72.
    Building the Information Sharing Environment: Addressing 
the Challenges of Implementation. Hearing held May 10, 2006. 
Serial No. 109-74.
    Examining the Progress of the DHS Chief Intelligence 
Officer. Hearing held May 24, 2006. Serial No. 109-80.
    Transportation Security Administration's Office of 
Intelligence: Progress and Challenges. Hearing held June 14, 
2006. Serial No. 109-83.
    DHS Intelligence and Border Security: Delivering 
Operational Intelligence. Hearing held June 28, 2006. Serial 
No. 109-89.
    Terrorism Threats and the Insurance Market. Joint hearing 
with the Subcommittee on Oversight and Investigations of the 
Committee on Financial Services held July 25, 2006. Serial No. 
109-93.
    State and Local Fusion Centers and the Role of DHS. Hearing 
held September 7, 2006. Serial No. 109-99.
    The Homeland Security Information Network: An Update on DHS 
Information Sharing Efforts.  Hearing held September 13, 2006. 
Serial No. 109-101.
    The Homeland Security Implications of Radicalization. 
Hearing held September 20, 2006. Serial No. 109-105.

 Subcommittee on Intelligence, Information Sharing, and Terrorism Risk 
                        Assessment Markups Held

    Committee Print entitled ``The Homeland Security 
Information Sharing and Enhancement Act of 2005.''; was ordered 
favorably forwarded to the Full Committee for consideration, 
without amendment, by Voice Vote. April 26, 2005.
    Committee Print entitled ``To reorganize the Directorate 
for Information Analysis and Infrastructure Protection of the 
Department of Homeland Security, to facilitate homeland 
security information sharing, and for other purposes.''; was 
ordered favorably forwarded to the Full Committee, without 
amendment, by Voice Vote. March 29, 2006.

 Subcommittee on Intelligence, Information Sharing, and Terrorism Risk 
               Assessment Briefings and Site Visits Held

    Executive, Member Briefing on Chemical Facilities Security. 
June 14, 2005.
    Executive, Member Briefing on Assessing the Threat to 
America's Ports.
    Open Source Technology and Policy Fair. June 22, 2005. 
September 15, 2005.
    Member Briefing with the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment on security 
vulnerabilities of portable electronic devices and U.S. 
government cyber systems. November 13, 2005.
    Site visit to the Transportation Security Operation Center 
and receive a briefing on the Transportation Security 
Administration's intelligence unit. November 7, 2005.
    Member Briefing with the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity on the overview 
and role of the Immigration and Customs Enforcement (ICE) 
Forensic Document Laboratory (FDL). December 7, 2005.
    Member site visit of the National Counterterrorism Center 
(NCTC). February 7, 2006.
    Member Briefing on the President's Proposed FY 2007 Budget 
request for the Office of Intelligence and Analysis, Department 
of Homeland Security. February 8, 2006.
    Member Briefing with the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity on the 
radicalization in United States prisons. February 8, 2006.
    Member Briefing on the President's Proposed FY 2007 Budget 
request for the Office of Intelligence and Analysis, Department 
of Homeland Security. February 15, 2006.
    Member Briefing with the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity on terrorist 
intentions toward U.S. aircraft. March 2, 2006.
    Site visit to US Northern Command, Peterson Air Force Base, 
Colorado. March 22 through 24, 2006.
    Member Briefing on the GAO report Information Sharing: The 
Federal Government Needs to Establish Policies and Processes 
for Sharing Terrorism-Related and Sensitive but Unclassified 
Information (GAO-06-385). April 27, 2006.
    Executive, briefing on the different governance structures 
of State and Local Fusion Centers. May 11, 2006.
    Site visit to the Maryland Coordination and Analysis Center 
(MCAC) located near Baltimore, Maryland. May 22, 2006.
    Executive, briefing on the sharing of classified 
information among Federal intelligence partners: DHS access and 
information controls. May 23, 2006.
    Site visit of the Transportation Security Administration's 
(TSA) Office of Intelligence Headquarters. June 12, 2006.
    Member Briefing on the terrorist radicalization process, 
including specific examples of the process at work. July 12, 
2006.
    Member Briefing on the terrorist radicalization process, 
including specific examples of the process at work. September 
20, 2006.
         Subcommittee on Management, Integration, and Oversight

  MIKE ROGERS, Alabama, Chairman

Kendrick B. Meek, Florida            John Linder, Georgia
Edward J. Markey, Massachusetts      Mark E. Souder, Indiana
Zoe Lofgren, California              Tom Davis, Virginia
Sheila Jackson-Lee, Texas            Katherine Harris, Florida
Bill Pascrell, Jr., New Jersey       David G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio) T. McCaul, Texas
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Oversight of Department of Homeland Security progress in 
implementing the management and organizational directives of the 
Homeland Security Act and other homeland security-related mandates; 
Department of Homeland Security offices responsible for the provision 
of department-wide services, including the Under Secretary for 
Management, the Chief Information Officer, and the Chief Financial 
Officer; cross-directorate, Department-wide standardization and 
programmatic initiatives; investigations and reports by the Inspector 
General of the Department of Homeland Security; standardization and 
security of Department of Homeland Security communications systems and 
information technology infrastructure; harmonization and effectiveness 
of Department of Homeland Security budgeting, acquisition, procurement, 
personnel, and financial management systems; incentives and barriers to 
hiring that affect Department components; Department of Homeland 
Security-initiated internal reorganizations; conducting relevant 
oversight; and other matters referred to the Subcommittee by the 
Chairman.

                                 ------                                

Legislative Activities of the Subcommittee on Management, Integration, 
                             and Oversight


 DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ENHANCEMENT ACT OF 2005

                                H.R. 285

    To amend the Homeland Security Act of 2002 to enhance 
cybersecurity, and for other purposes.

Summary

    H.R. 285, establishes within the Department of Homeland 
Security (DHS) a National Cybersecurity Office, headed by an 
Assistant Secretary for Cybersecurity, who would have primary 
authority within the Department for both, all cybersecurity-
related critical infrastructure programs of DHS as well as the 
National Communications System. The bill enumerates the 
responsibilities of the Assistant Secretary including 
establishing and managing a national cybersecurity response 
system; a National cybersecurity threat and vulnerability 
reduction program; a national cybersecurity awareness and 
training program; a Government cybersecurity program; and a 
national security and international cybersecurity cooperation 
program. The bill also requires the Assistant Secretary to 
coordinate and share information with the private sector as 
well as other Federal agencies regarding cybersecurity-related 
programs, policies and operations.

Legislative History

    H.R. 285 was introduced on January 6, 2005, by Mr. 
Thornberry and Ms. Zoe Lofgren of California, and referred 
solely to the Committee on Homeland Security. Within the 
Committee, H.R. 285 was referred to the Subcommittee on 
Economic Security, Infrastructure Protection, and 
Cybersecurity, and the Subcommittee on Management, Integration, 
and Oversight.
    On April 20, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity held a hearing on 
H.R. 285. The Subcommittee received testimony from Mr. Amit 
Yoran, President, Yoran Associates; Mr. Harris Miller, 
President, Information Technology Association of America; Mr. 
Paul Kurtz, Executive Director, Cyber Security Industry 
Alliance; Ms. Catherine Allen, President and CEO, BITS, 
Financial Services Roundtable; and Mr. Ken Silva, Chairman of 
the Board of Directors, Internet Security Alliance.
    On April 20, 2005, the Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity considered H.R. 
285 and ordered the measure favorably reported to the Full 
Committee for consideration, without amendment, by voice vote. 
On that same date, the Subcommittee on Management, Integration, 
and Oversight discharged itself from further consideration of 
H.R. 285. No further action occurred on H.R. 285.

 DEPARTMENT OF HOMELAND SECURITY MANAGEMENT AND OPERATIONS IMPROVEMENT 
                              ACT OF 2006

Summary

    The Committee Print entitled ``Department of Homeland 
Security Management and Operations Improvement Act of 2006,'' 
contained a number of provisions intended to provide for more 
effective and efficient management of the Department of 
Homeland Security and its resources, including directives to 
control the costs of hiring, training, and deploying new Border 
Patrol agents; integrating and consolidating DHS management 
systems, and monitoring of contracts for border security valued 
at greater than $20 million.

Legislative History

    The Subcommittee on Management, Integration, and Oversight 
considered a Committee Print entitled ``Department of Homeland 
Security Management and Operations Improvement Act of 2006.'' 
on March 15, 2006, and forwarded the measure to the Full 
Committee for consideration, amended, by voice vote.
    The text of the Committee Print, as agreed to by the 
Subcommittee on Management, Integration, and Oversight provided 
the basis for major portions of Title II of H.R. 5814, the 
``Department of Homeland Security Authorization Act for FY 
2007,'' as introduced. H.R. 5814 was ordered reported by the 
Committee on July 19, 2006. See discussion of H.R. 5814, listed 
above.

 Oversight Activities of the Subcommittee on Management, Integration, 
                             and Oversight


                  9/11 FEDERAL ASSISTANCE TO NEW YORK

    In December 2005, the Chairman of the Full Committee 
requested the Subcommittee review allegations of waste, fraud, 
and abuse of Federal assistance provided to New York City after 
the terrorist attacks of September 11, 2001. As part of this 
review, Subcommittee Staff met with officials from Federal, 
State, and local government agencies, as well as non-
governmental organizations involved in the response, recovery, 
and rebuilding of New York City after the terrorist attacks of 
September 11th. Subcommittee Staff traveled to New York City on 
February 23 and 24, 2006; March 20 through 22, 2006; May 31, 
2006; and June 1, 2006, to meet with senior officials in 
Federal, State and local offices, including: the Federal 
Transit Administration; the Department of Housing and Urban 
Development; the Small Business Administration Office of 
Inspector General; the Department of Housing and Urban 
Development Office of Inspector General; the Empire State 
Development Corporation; the Lower Manhattan Development 
Corporation; the Port Authority of New York and New Jersey; the 
New York City Department of Design and Construction; the New 
York City Department of Investigation; the U.S. District 
Attorney's Office; and Good Jobs New York. Additional meetings 
were conducted in Washington, DC, with: the Department of 
Homeland Security Office of Inspector General; the Federal 
Emergency Management Agency; the Small Business Administration; 
the Government Accountability Office; the Department of Labor 
Office of Inspector General; and the American Red Cross. These 
meetings focused on the expenditure of Federal assistance 
funds; the Federal, State, and local programs that channeled 
those funds to support the response, recovery, and rebuilding 
of Lower Manhattan; fraud and abuse controls; and 
investigations of fraud and abuse. The information gathered 
through the Subcommittee's review led to a series of three 
hearings on July 12 and 13, 2006, entitled ``An Examination of 
9/11 Federal Assistance to New York: Lessons Learned in 
Preventing, Waste, Fraud, Abuse, and Mismanagement.'' For the 
purpose of the hearings, the major themes and findings of the 
Subcommittee's review were separated into three categories 
reflecting the events following 9/11: response, recovery, and 
rebuilding.
    The first hearing--``Response''--held on July 12, 2006, 
addressed the initial response efforts at and around the World 
Trade Center disaster site, including debris removal 
operations, individual assistance, and air quality programs. 
Witnesses at this hearing provided an overview of the Federal, 
State, and local governments' efforts to provide immediate 
assistance to those affected by the attacks. The Subcommittee 
received testimony from Mr. Joe Picciano, Deputy Director for 
Region II, Federal Emergency Management Agency, Department of 
Homeland Security; Hon. Richard Skinner, Inspector General, 
Department of Homeland Security; Mr. Greg Kutz, Director, 
Financial Management and Assurance, Government Accountability 
Office; Hon. Rose Gill Hearn, Commissioner, New York City 
Department of Investigation; Mr. David J. Varoli, General 
Counsel, New York City Department of Design and Construction; 
Mr. Neil Getnick, President, International Association of 
Independent Private Sector Inspectors General; Ms. Carie 
Lemack, Co-Founder, Families of September 11th; and Ms. Leigh 
Bradley, Senior Vice President for Enterprise Risk, American 
Red Cross.
    The second hearing--``Recovery''--held on July 13, 2006, 
focused on the Federally-funded initiatives to help Lower 
Manhattan recover from the attacks of 9/11, including programs 
to compensate businesses and individuals for the loss of life 
and property; provide rental and housing assistance; retrain 
displaced workers; and track and treat those physically or 
mentally harmed by the attacks. The Subcommittee received 
testimony from Ms. Ruth Ritzema, Special Agent in Charge for 
New York, Office of Inspector General, Department of Housing 
and Urban Development; Hon. Eric Thorson, Inspector General, 
Small Business Administration; Mr. Douglas Small, Deputy 
Assistant Secretary, Employment and Training, Department of 
Labor; Mr. Leroy Frazer, Bureau Chief, Special Prosecutions 
Bureau, New York County District Attorney's Office; Ms. Eileen 
Mildenberger, Chief Operating Officer, Empire State Development 
Corporation; Mr. Stefan Pryor, President, Lower Manhattan 
Development Corporation; Mr. John Wang, Founder and President, 
Asian American Business Development Center; and Ms. Bettina 
Damiani, Project Director, Good Jobs New York.
    The third hearing--``Rebuilding''--also held on July 13, 
2006, looked towards the future and addressed how the remaining 
Federal funds would be spent, with particular focus on 
transportation projects. Although most of the recovery and 
response funds have been obligated, more than $6 billion, 
primarily committed to rebuilding infrastructure in Lower 
Manhattan and restoring activity at Ground Zero, remain to be 
disbursed. The Subcommittee received testimony from Mr. Bernard 
Cohen, Director, Lower Manhattan Recovery Office, Federal 
Transit Administration, Department of Transportation; Mr. Todd 
J. Zinser, Acting Inspector General, Department of 
Transportation; Mr. Ron Calvosa, Director of Fraud Prevention, 
Lower Manhattan Construction Command Center; and Mr. Michael 
Nestor, Director, Office of Investigations, Port Authority of 
New York and New Jersey. The Subcommittee also obtained 
technical assistance from the Government Accountability Office 
and submitted formal requests to 17 Federal agencies to conduct 
a comprehensive accounting of the Federal assistance funds that 
were committed, obligated, and disbursed after 9/11.
    As a result of these hearings, the Subcommittee released a 
staff report of its findings on October 12, 2006, entitled ``An 
Examination of Federal 9/11 Assistance to New York: Lessons 
Learned in Preventing Waste, Fraud, Abuse, and Lax Management'' 
(Committee Print 109-C). This resulted in the introduction of 
H.R. 6378, the ``September 11th Lessons Learned in Preventing 
Waste, Fraud, and Abuse Implementation Act of 2006,'' on 
December 6, 2006.

INTEGRATION AND COORDINATION OF U.S. CUSTOMS AND BORDER PROTECTION AND 
                U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

    The Subcommittee on Management, Integration, and Oversight 
closely examined the division of border security and interior 
enforcement missions at the Department of Homeland Security 
(DHS or the Department) and its impact upon the overall 
homeland security mission. Through a series of hearings, 
briefings, and letters, the Subcommittee examined the progress 
the Department made in improving coordination and 
communication, eliminating bureaucratic inefficiencies between 
Customs and Border Protection (CBP) and Immigration and Customs 
Enforcement (ICE), and implementing the DHS Inspector General's 
(IG) November 2005 recommendations.
    On March 9, 2005, the Subcommittee on Management, 
Integration, and Oversight held its first in a series of three 
hearings on this issue entitled ``CBP and ICE: Does the Current 
Organizational Structure Best Serve U.S. Homeland Security 
Interests?'' The Subcommittee received testimony from Dr. James 
Carafano, Senior Research Fellow, The Heritage Foundation; Mr. 
Michael Cutler, Former Senior Special Agent, Immigration and 
Naturalization Service; Mr. David Venturella, Former Director, 
Office of Detention and Removal Operations, Immigration and 
Customs Enforcement, Department of Homeland Security; Mr. T.J. 
Bonner, President, National Border Patrol Council; Mr. Randy 
Allen Callahan, Executive Vice President, American Federation 
of Government Employees, AFL-CIO; and Mr. Kenneth C. Klug, 
Former Special Agent in Charge, Immigration and Customs 
Enforcement, Department of Homeland Security. While there was 
no clear consensus among the witnesses whether a merger of the 
two agencies should occur, all witnesses testified about the 
need for greater cooperation and coordination between the two 
agencies and the need to eliminate bureaucratic walls.
    As part of its continuing oversight of whether CBP and ICE 
should be merged and in conjunction with the public release of 
the DHS IG report endorsing such a merger, on November 15, 
2005, the Subcommittee held its second hearing on this issue 
entitled ``CBP and ICE: Does the Current Organizational 
Structure Best Serve U.S. Homeland Security Interests? Part 
II.'' The Subcommittee received testimony from Mr. Robert L. 
Ashbaugh, Assistant Inspector General for Inspections and 
Special Reviews, Office of Inspector General, Department of 
Homeland Security; and Hon. Stewart A. Baker, Assistant 
Secretary for Policy, Department of Homeland Security. At the 
hearing the Inspector General testified on the current 
organizational structure, and that it was fostering an 
environment characterized by conditions the Department was 
forged to eliminate.
    This resulted in the introduction of H.R. 4317, the 
``Border Security and Terrorism Prevention Act of 2005'', 
which: required the Secretary to ensure full coordination of 
border security efforts among agencies within DHS and to remedy 
any failure of coordination and appropriate integration; 
required the Secretary to establish a Secure Borders Program 
Office; created a mechanism to ensure greater sharing of 
intelligence information; the establishment of task forces to 
better coordinate border enforcement activities; enhance 
coordination of investigations; examine proper allocations of 
border security related resources throughout the Department; 
and establish measures and metrics to determine the 
effectiveness of coordinated border enforcement efforts.
    On November 28, 2006, the Chairman and Ranking Member of 
the Full Committee, along with the Chairman and Ranking Member 
of the Subcommittee on Management, Integration, and Oversight, 
sent a letter to the Secretary of Homeland Security requesting 
a response to lingering questions regarding the Department's 
decision to maintain the separate organizational structure of 
CBP and ICE. The letter also inquired how the Secretary's 
Second Stage Review (2SR) reforms would address the problems of 
coordination and information sharing between the agencies.
    The Secretary's February 22, 2006, response to the 
Committee reiterated the Department's position that the merger 
of CBP and ICE ``would be a significant and costly setback'' 
resulting in ``confusion and disruption'' that would seriously 
divert attention from critical homeland and border security 
missions. The Secretary also outlined changes that had or would 
soon be made in lieu of the merger of the two agencies. This 
included: the creation of a Department-wide Office of Policy, 
an Office of Operations Coordination, and a more robust Office 
of Intelligence and Analysis to be managed by a new Chief 
Intelligence Officer; the implementation of the Secure Border 
Initiative (SBI) as a collective effort to improve Department-
wide coordination with respect to illegal aliens; the placement 
of the SBI Program Office within the Department's Office of 
Policy; directing CBP and ICE to report directly to the 
Secretary of DHS; the creation of an ICE/CBP Coordination 
Council; the establishment of mechanisms to ensure the Under 
Secretary of Management and the Chief Financial Officer 
collaborate with CBP and ICE on budget and strategic planning 
issues; and the establishment of Border Enforcement and 
Security Task Forces.
    In order to more fully explore the specifics of each of the 
changes enumerated by the Secretary and how these changes 
addressed the DHS Inspector General's recommendations, on May 
11, 2006, the Subcommittee on Management, Integration, and 
Oversight held its third hearing entitled ``CBP and ICE: Does 
the Current Organizational Structure Best Serve U.S. Homeland 
Security Interests? Part III.'' The Subcommittee received 
testimony from Hon. Stewart A. Baker, Assistant Secretary for 
Policy, Department of Homeland Security; Hon. Julie L. Myers, 
Assistant Secretary, Immigration and Customs Enforcement, 
Department of Homeland Security; Ms. Deborah J. Spero, Acting 
Commissioner, Customs and Border Protection, Department of 
Homeland Security; Mr. T.J. Bonner, President, National Border 
Patrol Council; Mr. Arthur Gordon, President, Federal Law 
Enforcement Officers Association; and Seth Stodder, Esq., Akin 
Gump Strauss Hauer & Feld, LLP. The witnesses testified about 
the remaining challenges that the Secretary still needs to 
address, including issues of employee retention and morale, and 
provided their recommendations on how to address those 
challenges.

                          INFORMATION SECURITY

    As part of the Committee's oversight of information 
security efforts within the Department of Homeland Security, 
the Subcommittee on Management, Integration, and Oversight held 
a hearing on April 14, 2005, entitled ``The Need to Strengthen 
Information Security at the Department of Homeland Security.'' 
This hearing examined the security procedures in place within 
the Department to ensure all sensitive information is secure. 
The Subcommittee received testimony from Mr. Steven I. Cooper, 
Chief Information Officer, Department of Homeland Security; Mr. 
Gregory C. Wilshusen, Director, Information Security Issues, 
Government Accountability Office; Mr. Mark MacCarthy, Senior 
Vice President for Public Policy, Visa U.S.A.; and Mr. Marc J. 
Zwillinger, Partner, Sonnenschein Nath & Rosenthal, LLP. At the 
hearing, witnesses discussed the lack of adequate security for 
information systems at the Department of Homeland Security and 
provided their recommendations for improving the transfer and 
storing of sensitive information within the Department. As part 
of its continuing oversight, the Subcommittee, along with the 
Subcommittee on Government Management, Finance, and 
Accountability of the Committee on Government Reform, revisited 
this issue to gauge the Department's progress at a hearing on 
March 29, 2006, entitled ``Department of Homeland Security 
Information Technology Challenges and the Future of eMerge2.'' 
The Subcommittee received testimony from Mr. McCoy Williams, 
Director, Financial Management and Assurance, Government 
Accountability Office; Mr. Randy Hite, Director, Information 
Technology Architecture and Systems, Government Accountability 
Office; Mr. Eugene Schied, Acting Chief Financial Officer, 
Department of Homeland Security; and Mr. Scott Charbo, Chief 
Information Officer, Department of Homeland Security.

                        DEPARTMENTAL OPERATIONS

    The creation of the Department of Homeland Security on 
March 1, 2003, marked one of the most ambitious reorganizations 
of the Federal Government in American history. The Department's 
creation required the merger of more than 180,000 employees 
from 22 different Federal agencies with a $40 billion annual 
budget. Given the challenges inherent in such a reorganization, 
the Government Accountability Office (GAO) added the new 
Department to its ``high-risk'' list in January 2003, prior to 
the Department's formation. In its assessment of the Department 
as a high-risk agency, GAO cited such things as the 
Department's lack of clear annual goals and timeframes and the 
elimination of middle-management layers which required the 
affected agencies to report directly to the Secretary, as cause 
for concern.
    In December 2004, the Department of Homeland Security 
Office of Inspector General released a similar report regarding 
the organizational challenges facing the Department. The report 
highlighted several problems, including the lack of consistent 
contract management throughout the Department and the lack of 
accountability of critical support personnel to key operating 
officers, such as the Chief Procurement Officer and the Chief 
Financial Officer.
    To examine the issues raised by the GAO and the Inspector 
General, the Subcommittee held a hearing on April 20, 2005, 
entitled ``Management Challenges Facing the Department of 
Homeland Security.'' The Subcommittee received testimony from 
Mr. Richard L. Skinner, Acting Inspector General, Office of 
Inspector General, Department of Homeland Security; Mr. Norman 
Rabkin, Managing Director, Homeland Security and Justice, 
Government Accountability Office; Hon. Asa Hutchinson, Chairman 
of the Homeland Security Practice, Venable, LLC; Hon. James S. 
Gilmore, III, Chairman, National Council on Readiness and 
Preparedness; and Hon. Clark Kent Ervin, Director, Homeland 
Security Initiative, The Aspen Institute. At the hearing, 
witnesses identified significant management and organizational 
challenges facing the Department of Homeland Security and 
provided their recommendations to improve the Department's 
operations.

                         BORDER PATROL TRAINING

    During the 109th Congress, the Subcommittee closely 
monitored the expansion of the Border Patrol, with particular 
attention to the recruitment, training, and deployment of new 
agents. On May 24, 2005, the Subcommittee on Management, 
Integration, and Oversight held a hearing entitled ``Training 
More Border Patrol Agents: How the Department of Homeland 
Security Can Increase Training Capacity More Effectively.'' The 
Subcommittee received testimony from Chief Thomas Walters, 
Assistant Commissioner for Training and Development, Customs 
and Border Protection, Department of Homeland Security; Ms. 
Connie Patrick, Director, Federal Law Enforcement Training 
Center, Department of Homeland Security; Mr. T.J. Bonner, 
President, National Border Patrol Council; and Mr. Gary 
Jackson, President, Blackwater USA. Through this hearing, the 
Subcommittee learned that it costs the Federal Government 
approximately $188,000 to hire, train, equip, and deploy one 
new Border Patrol agent.
    Prior to the May 24 hearing, the Chairman and Ranking 
Member of the Subcommittee sent a letter to the Department of 
Homeland Security on May 11, 2005, requesting information on 
the costs associated with hiring, training, and deploying 
Border Patrol agents. On June 17, 2005, the Assistant Secretary 
for Legislative Affairs sent a response outlining nine general 
categories that compose the costs to hire, train, and deploy 
one new Border Patrol agent. Continuing the Subcommittee's 
review of these costs, the Chairman and Ranking Member of the 
Subcommittee requested additional cost and training information 
through a letter sent on July 15, 2005, and a second on 
November 3, 2005. The Department's responses to these letters 
were received on August 22, 2005, and January 17, 2006, 
respectively.
    As a result, on February 14, 2006, the Subcommittee 
Chairman wrote to the Comptroller General of the Government 
Accountability Office to request a review of the Border 
Patrol's training curriculum, as well as the costs to hire, 
train, and deploy one new Border Patrol agent. On March 8, 
2006, the Government Accountability Office agreed to conduct 
the requested review.
    On February 28, 2006, the Subcommittee Chairman met with 
senior officials from Customs and Border Protection and the 
Federal Law Enforcement Training Center to discuss the training 
curriculum and costs for new Border Patrol Agents. On March 9, 
2006, the Subcommittee Chairman wrote to U.S. Customs and 
Border Protection to follow up on training and staffing issues 
discussed during the February 28, 2006, meeting. On August 16, 
2006, the Subcommittee Chairman visited the Federal Law 
Enforcement Training Center in Artesia, New Mexico, to tour the 
Border Patrol Academy and the facilities being constructed to 
meet increased training needs.

                            ISIS AND SBINET

    As part of its efforts to ensure that the Nation's borders 
are secure, as well as to ensure that Federal resources are 
being used efficiently and effectively, the Subcommittee on 
Management, Integration, and Oversight conducted an in-depth 
review, including a series of three hearings, examining the 
Integrated Surveillance Intelligence System (ISIS) and the 
Remote Video Surveillance (RVS) program in place along the 
borders. The initial hearing, entitled ``Mismanagement of the 
Border Surveillance System and Lessons for the New America's 
Shield Initiative'' was held on June 16, 2005. The Subcommittee 
received testimony from Mr. Joel S. Gallay, Deputy Inspector 
General, General Services Administration; Mr. Joseph A. 
Saponaro, President, L-3 Communications, Government Services, 
Inc., accompanied by Mr. Thomas Miiller, General Counsel; and 
Mr. Greg Pellegrino, Global Managing Director--Public Sector, 
Deloitte Touche Tohmatsu.
    The second hearing, held on December 16, 2005, was entitled 
``Mismanagement of the Border Surveillance System and Lessons 
for the New Secure Border Initiative.'' The Subcommittee 
received testimony from Hon. Richard L. Skinner, Inspector 
General, Department of Homeland Security; and Mr. Carl Mann, 
Chief Inspector, Office of Inspections and Special Reviews, 
Office of Inspector General, Department of Homeland Security. 
Following up on this second hearing, the Chairman of the 
Subcommittee on Management, Integration, and Oversight sent a 
letter on December 19, 2005, to the Inspector General of the 
Department of Homeland Security and the Inspector General of 
the General Services Administration requesting a collaborative 
review of one of the contracts under the ISIS program. The 
Subcommittee received a response on January 20, 2006.
    The third hearing was held on February 16, 2006, and was 
entitled ``Mismanagement of the Border Surveillance System and 
Lessons for the New Border Initiative, Part 3.'' The 
Subcommittee received testimony from Mr. Gregory L. Giddens, 
Director, Secure Border Initiative Program, Department of 
Homeland Security; and Mr. James C. Handley, Regional 
Administrator, Great Lakes Region 5, General Services 
Administration.
    The Subcommittee held a follow-up hearing on November 15, 
2006, entitled ``The Secure Border Initiative: Ensuring 
Effective Implementation and Financial Accountability of 
SBInet.'' The Secure Border Initiative (SBI) is the successor 
program to ISIS and RVS. SBI is a comprehensive, multi-year 
program composed of a mix of personnel, infrastructure, and 
technology to gain operational control of the Nation's borders. 
SBInet, the contract for which was announced by the Secretary 
of Homeland Security in September 2006, is the technology 
portion of SBI. At this hearing, the Subcommittee received 
testimony from Mr. Gregory L. Giddens, Director, Secure Border 
Initiative Program, Department of Homeland Security; Ms. 
Deborah J. Spero, Deputy Commissioner, Customs and Border 
Protection, Department of Homeland Security; Ms. Elaine Duke, 
Chief Procurement Officer, Department of Homeland Security; 
Hon. Richard L. Skinner, Inspector General, Department of 
Homeland Security; Mr. Jerry W. McElwee, Vice President SBInet, 
Boeing Advanced Systems; Mr. Brian Seagrave, Vice President for 
Border Security, Unisys; and Mr. Tom Miiller, General Counsel, 
L-3 Services Group.
    In addition, Subcommittee Staff met with senior Canadian 
Embassy Officials on November 29, 2006, to discuss current 
coordination efforts between the Department of Homeland 
Security and Canadian agencies to ensure that all resources are 
integrated and leveraged in the implementation of SBInet. 
Subsequently, on November 30, 2006, the Subcommittee informed 
the Director of the Program Executive Office of the Secure 
Border Initiative of the necessity to collaborate and share 
information with Canadian officials in the design and 
implementation of SBInet along the northern border of the 
United States.

                        FIRST RESPONDER TRAINING

    As part of its review of redundancies throughout the 
Department of Homeland Security and to ensure that Departmental 
programs are efficient and effective, the Subcommittee on 
Management, Integration, and Oversight and the Subcommittee on 
Emergency Preparedness, Science, and Technology held a joint 
hearing on June 23, 2005, entitled ``The National Training 
Program: Is Anti-Terrorism Training for First Responders 
Efficient and Effective?'' The Subcommittees received testimony 
from Hon. Raymond W. Kelly, Commissioner, Police Department, 
City of New York; Mr. Shawn Reese, Analyst in American National 
Government, Government and Finance Division, Congressional 
Research Service; Mr. Steven Edwards, Director, Maryland Fire 
and Rescue Institute, testifying on behalf of North American 
Fire Training Directors; Sheriff Patrick D. McGowan, Chairman, 
Weapons of Mass Destruction Committee, National Sheriffs' 
Association; Captain Jack Reall, National Fire Academy Board of 
Visitors; and Dr. Van D. Romero, Vice President, Research and 
Economic Development, New Mexico Institute of Mining and 
Technology. During the hearing, witnesses discussed the need 
for enhanced coordination, consistency, and inclusiveness in 
programs sponsored by the Federal government.

                        MISSION-BASED BUDGETING

    As part of the Subcommittee's review of budgeting 
procedures and performance measurement within the Department of 
Homeland Security, the Subcommittee held a hearing on June 29, 
2005, entitled ``Transforming the Department of Homeland 
Security Through Mission-based Budgeting.'' This hearing 
examined the need for budget allocations and financial 
statements of the Department of Homeland Security to correspond 
with and identify spending related to each of the Department's 
core mission areas. The Subcommittee received testimony from 
Hon. David M. Walker, Comptroller General of the United States, 
Government Accountability Office; Hon. Maurice P. McTigue, 
Distinguished Visiting Fellow and Director, Government 
Accountability Project, Mercatus Center, George Mason 
University; Mr. Jonathan B. Breul, Partner, IBM Business 
Consulting Services and Senior Fellow, IBM Center for The 
Business of Government; and Mr. Carl J. Metzger, Director, 
Government Results Center. At the hearing the Subcommittee 
heard testimony regarding the potential improvements mission-
based budgeting could bring to the Department, and heard 
suggestions for linking program performance and effectiveness 
with budget allocations, and improvements in Departmental 
integration.

      STATE AND LOCAL IMMIGRATION ENFORCEMENT: THE 287(G) PROGRAM

    During the 109th Congress, the Subcommittee on Management, 
Integration, and Oversight examined efforts by State and local 
law enforcement agencies to assist Immigration and Customs 
Enforcement with enforcement of Federal immigration laws. 
Section 133 of the 1996 Illegal Immigration Reform and 
Immigrant Responsibility Act (P.L. 104-208) (8 U.S.C. 1357(g) 
and 287(g)), provides State and local officers with specific 
immigration enforcement authority. Under the 287(g) Program, as 
it is commonly known, States or localities voluntarily enter 
into a Memorandum of Understanding with the Secretary of 
Homeland Security under which local or State officers are 
trained as immigration specialists. The State and local police 
officers are essentially ``deputized'' as immigration officers 
after undergoing intensive special training by Immigration and 
Customs Enforcement. The Subcommittee found that State and 
local police officers are often in the best position to come 
into contact with alien terrorists who may be operating in the 
United States, and their efforts to identify criminal and 
possible terrorist aliens can serve as a force multiplier for 
current Federal homeland security efforts.
    On July 27, 2005, the Subcommittee held a hearing entitled 
``The 287(g) Program: Ensuring the Integrity of America's 
Border Security System through Federal-State Partnerships'' to 
examine the Department of Homeland Security's efforts to 
support and promote use of the 287(g) Program. The Subcommittee 
received testimony from Mr. Paul M. Kilcoyne, Deputy Assistant 
Director, Office of Investigations, Immigration and Customs 
Enforcement, Department of Homeland Security; Mr. Mark F. 
Dubina, Special Agent Supervisor, Tampa Bay Regional Operations 
Center, Florida Department of Law Enforcement, Regional 
Domestic Security Task Force Supervisor; Major Charles E. 
Andrews, Chief, Administrative Division, Alabama Department of 
Public Safety; Dr. Kris W. Kobach, Professor, University of 
Missouri-Kansas City School of Law; and Chief Jimmy R. Fawcett, 
Sixth Vice President, International Association of Chiefs of 
Police. The witnesses representing law enforcement agencies 
from the States of Florida and Alabama (the only two States 
participating in the 287(g) Program), testified about the 
success of the program in their respective States. The 
Departmental witnesses testified about the challenges for 
further expansion of the 287(g) Program because of the lack of 
Federal resources to support its training efforts.
    Due in part to the Subcommittee's oversight efforts 
illustrating the need to provide Federal funding for support 
and further expansion of the 287(g) Program, the FY 2006 
Department of Homeland Security Appropriations Act (P.L. 109-
90) provided $5 million to Immigration and Customs Enforcement 
to support its training efforts for the 287(g) Program. The 
Department's FY 2007 Appropriations Act (P.L. 109-295) provides 
$5.4 million for the continued expansion of the 287(g) Program 
due to the widespread interest from numerous State and local 
law enforcement agencies across the United States.

                         CANINE DETECTION TEAMS

    During the 109th Congress, the Subcommittee closely 
reviewed the Department of Homeland Security's supply and use 
of canine detection teams to secure the homeland. On September 
28, 2005, the Subcommittee received a Member briefing and 
demonstration on canine detection teams used by Customs and 
Border Protection (CBP), the Transportation Security 
Administration, and the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives (ATF). The Subcommittee, on that same day, also 
held a hearing entitled ``Sniffing Out Terrorism: The Use of 
Dogs in Homeland Security.'' The Subcommittee received 
testimony from Mr. Lee Titus, Director of Canine Programs, 
Customs and Border Protection, Department of Homeland Security; 
Mr. David Kontny, Director, National Explosives Detection 
Canine Team Program, Transportation Security Administration, 
Department of Homeland Security; Special Agent Terry Bohan, 
Chief, National Canine Training and Operations Support Branch, 
Bureau of Alcohol, Tobacco, Firearms and Explosives, Department 
of Justice; Chief Ralph Eugene Wilson, Jr., Chief of Police, 
Metropolitan Atlanta Rapid Transit Authority (MARTA); Dr. C. 
Michael Moriarty, Associate Provost and Vice President for 
Research, Auburn University; and Ms. Terri Recknor, President, 
Garrison and Sloan Canine Detection. This hearing discussed the 
unique role canines play in helping Federal, State, and local 
law enforcement officials fulfill their security missions. 
Witnesses discussed how canine detection teams are trained, 
deployed, and funded, as well as the lack of standardization 
for training and certification purposes.
    The Subcommittee Chairman and Staff made several visits to 
canine training programs, including the canine training 
programs of the ATF, and CBP, both located in Front Royal, 
Virginia, on March 23, 2006. In addition, on August 17, 2006, 
they also visited the Transportation Security Administration's 
National Explosives Detection Canine Team Program located at 
Lackland Air Force Base in San Antonio, Texas.
    This resulted on February 9, 2006, with the introduction of 
H.R. 4285, the ``Detection Canine Augmentation Act of 2005.'' 
On March 14, 2006, the Subcommittee Chairman and Ranking Member 
introduced H.R. 4958, the ``Canine Detection Team Augmentation 
and Certification Act of 2006,'' which expands upon H.R. 4285 
by requiring the establishment of a Homeland Security Canine 
Detection Accreditation Board. As part of its continuing 
oversight of canine detection training, including canine 
breeding programs and procurement of untrained canines, the 
Subcommittee Chairman sent a letter to CBP on April 27, 2006, 
requesting more information on the announcement of a new 
contract for the procurement of untrained canines. In response 
to this letter, senior officials from CBP met with the 
Subcommittee Chairman to discuss the contract on May 10, 2006.
    Sections of H.R. 4985 were included in H.R. 5814, the Full 
Committee's authorization bill for the Department of Homeland 
Security for Fiscal Year 2007. See discussion of H.R. 5814 
listed under Full Committee legislation.

             DEPARTMENT OF HOMELAND SECURITY REORGANIZATION

    As part of the Committee's oversight of the effectiveness 
of the Department of Homeland Security's organizational 
structure, the Subcommittee held a hearing on October 27, 2005, 
entitled ``The Department of Homeland Security Second-Stage 
Review: The Role of the Chief Medical Officer.'' This hearing 
examined the reorganization of the Department proposed by the 
Secretary of Homeland Security, with particular focus on the 
creation of a Chief Medical Officer. Testimony was received 
from Dr. Jeffrey W. Runge, Chief Medical Officer, Department of 
Homeland Security; Mr. Timothy Moore, Director of Federal 
Programs, National Agricultural Biosecurity Center, Kansas 
State University; Dr. Jeffrey A. Lowell, Professor of Surgery 
and Pediatrics, Washington University School of Medicine; and 
Mr. David Heyman, Director and Senior Fellow, Homeland Security 
Program, Center for Strategic and International Studies. The 
Subcommittee scrutinized the role of the new Chief Medical 
Officer and the role in planning for a pandemic, such as avian 
influenza.

                 HUMAN SMUGGLING AND TRAFFICKING CENTER

    The Subcommittee examined the interagency implementation of 
section 7202 of the Intelligence Reform and Terrorism 
Prevention Act of 2004--also referred to as the 9/11 Reform Act 
(P.L. 108-458) which statutorily authorized establishment of 
the Human Smuggling and Trafficking Center (HSTC). Congress 
intended for the HSTC to fulfill the recommendation of the 
National Commission on Terrorist Attacks Upon the United States 
(9/11 Commission) to focus the Federal Government's 
counterterrorism efforts on combating terrorist travel. On 
March 9, 2006, the Subcommittee on Management, Integration, and 
Oversight held a hearing entitled ``The 9/11 Reform Act: 
Examining the Implementation of the Human Smuggling and 
Trafficking Center.'' The Subcommittee received testimony from 
Mr. John Clark, Deputy Assistant Secretary, Immigration and 
Customs Enforcement, Department of Homeland Security; Mr. Chris 
Swecker, Acting Executive Assistant Director of Law Enforcement 
Services, Department of Justice; and Mr. Marc Gorelick, Acting 
Director, Human Smuggling and Trafficking Center, Department of 
State.
    The hearing examined whether HSTC is fulfilling its 
statutory mission by: serving as the focal point for 
interagency efforts to address terrorist travel; serving as a 
clearinghouse in support of the United States strategy to 
prevent separate, but related issues of clandestine terrorist 
travel and facilitation of migrant smuggling and trafficking in 
persons; ensuring cooperation among all relevant policy, law 
enforcement, diplomatic, and intelligence agencies of the 
Federal Government to improve effectiveness; and ensuring that 
all information available to the Federal Government relating to 
clandestine terrorist travel and facilitation, migrant 
smuggling, and trafficking of persons is converted into 
tactical, operational, and strategic intelligence that can be 
used to combat such illegal activities.
    The hearing witnesses testified that the HSTC needed more 
resources and personnel in order to successfully fulfill its 
mission. As a result, section 508 of H.R. 5814, the Department 
of Homeland Security Authorization Act for Fiscal Year 2007, 
entitled ``Strengthening the Capabilities of the Human 
Smuggling and Trafficking Center,'' improved and strengthened 
the capabilities of the HSTC.

                          FINANCIAL MANAGEMENT

    Since its creation in March 2003, the Department of 
Homeland Security has faced a number of management challenges 
including improving its financial management and consolidating 
the number of financial systems. Part of the Department's 
efforts in this regard included a program called eMerge2 to 
build a single financial system for the Department and its 
components. To discuss this program and the announcement of its 
cancellation, the Subcommittee, along with the Subcommittee on 
Government Management, Finance, and Accountability of the 
Committee on Government Reform, held a hearing on March 29, 
2006, entitled ``Department of Homeland Security Information 
Technology Challenges and the Future of eMerge2.'' The 
Subcommittees received testimony from Mr. McCoy Williams, 
Director, Financial Management and Assurance, Government 
Accountability Office; Mr. Randy Hite, Director, Information 
Technology Architecture and Systems, Government Accountability 
Office; Mr. Eugene Schied, Acting Chief Financial Officer, 
Department of Homeland Security; and Mr. Scott Charbo, Chief 
Information Officer, Department of Homeland Security. Witnesses 
at this hearing discussed why the eMerge2 program was 
cancelled; the steps being taken to improve financial 
management and accounting procedures throughout the Department; 
the steps being taken to implement the requirements of the 
Department of Homeland Security Financial Accountability Act 
(Public Law 108-330), for an audit of internal controls; and 
the steps that should be taken to coordinate the consolidation 
of financial management systems with information technology.

                  DEPARTMENTAL TRANSPORTATION SERVICES

    As part of its oversight of the procurement process at the 
Department of Homeland Security, the Subcommittee on 
Management, Integration, and Oversight conducted an in-depth 
review of two transportation services contracts involving 
Shirlington Limousine and Transportation, Inc. Throughout May 
and June 2006, Subcommittee Staff met with representatives of 
the Office of Procurement Operations, the Office of Small and 
Disadvantaged Business Utilization, and the Office of General 
Counsel of the Department of Homeland Security; the Small 
Business Administration; the HUBZone Contractors Association; 
and Shirlington Limousine and Transportation, Inc., a HUBZone 
business providing shuttle bus and sedan services to the 
Department of Homeland Security.
    On May 10, 2006, the Subcommittee Chairman sent a letter to 
the Department of Homeland Security's Chief Procurement Officer 
requesting information on the contract with Shirlington 
Limousine, along with information on other contract and bid 
procedures. The Subcommittee Chairman and Ranking Member 
subsequently sent letters to the Department's Chief Procurement 
Officer, the Secretary of Homeland Security, and the President 
of Shirlington Limousine requesting further information. In 
response to these requests, the Department and Shirlington 
Limousine provided information regarding the procurement 
process for these contracts, contract documents, and other 
information concerning the contract.
    On June 15, 2006, the Subcommittee held a hearing, entitled 
``An Examination of the Department of Homeland Security's 
Procurement Process Regarding its Contracts with Shirlington 
Limousine and Transportation, Inc.'' This hearing built upon 
the results of the Subcommittee's review and examined the need 
for a transportation services contract and how these services 
were procured. The Subcommittee received testimony from Ms. 
Elaine C. Duke, Chief Procurement Officer, Department of 
Homeland Security; Mr. Kevin Boshears, Director, Office of 
Small and Disadvantaged Business Utilization, Department of 
Homeland Security; and Mr. Calvin Jenkins, Deputy to the 
Associate Deputy Administrator, Small Business Administration. 
At the hearing, witnesses discussed the Department's 
procurement process, the method by which contracts are set-
aside for small and disadvantaged businesses, and allegations 
of fraud involving Shirlington Limousine and Transportation, 
Inc., and procurement officials.
    By letter of June 29, 2006, the Subcommittee Chairman and 
Ranking Member officially transmitted the Subcommittee's 
findings to the Inspector General of the Department of Homeland 
Security for further review. The Inspector General of the 
Department of Homeland Security responded by letter on 
September 8, 2006, stating that the investigation into the 
Shirlington Limousine contract was ongoing and upon completion, 
Subcommittee Staff would be briefed on all findings therein.
    As a result of these efforts, the Committee included 
provisions to improve procurement processes and increase 
general oversight of acquisitions within the Department in 
Title III of H.R. 5814, the Department of Homeland Security 
Authorization Act for Fiscal Year 2007. H.R. 5814 was reported 
by the Full Committee in November 2006.
    Due to the oversight efforts of the Subcommittee, the 
Department of Homeland Security is presently collecting 
proposals from small businesses to issue a new contract that 
will replace the services offered by Shirlington Limousine. The 
Department released a Request for Information on June 23, 2006, 
to receive information from businesses able to provide services 
similar to those offered by Shirlington Limousine. The 
Department's Request for Proposal was posted on November 20, 
2006, to obtain actual proposals from small businesses.

                        HUMAN CAPITAL CHALLENGES

    Throughout the 109th Congress, the Subcommittee has closely 
monitored the Department of Homeland Security's efforts to 
strengthen its management and administration, with a particular 
focus on the chief operating officers, such as the Chief 
Financial Officer, the Chief Procurement Officer, and the Chief 
Human Capital Officer. On May 18, 2006, the Subcommittee on 
Management, Integration, and Oversight held a hearing entitled 
``Retention, Security Clearances, Morale, and Other Human 
Capital Challenges Facing the Department of Homeland 
Security.'' The Subcommittee received testimony from Mr. K. 
Gregg Prillaman, Chief Human Capital Officer, Department of 
Homeland Security; Mr. Dwight Williams, Director, Office of 
Security, Department of Homeland Security; Ms. Kathy L. 
Dillaman, Associate Director, Federal Investigations Processing 
Center, Office of Personnel Management; Mr. John Gage, National 
President, American Federation of Government Employees; Ms. 
Colleen M. Kelley, President, National Treasury Employees 
Union; and Professor Charles Tiefer, Professor of Law, 
University of Baltimore School of Law. This hearing examined 
the human capital challenges facing the Department, including 
the implementation of the new personnel system, known as MaxHR; 
employee morale and retention; and the impact of vacancies in 
senior positions throughout the Department. This hearing also 
addressed the Department's policies and procedures regarding 
security clearances, and the Department's actions after it was 
learned that a senior Department official with a security 
clearance who misused his identification credentials and office 
computer faced criminal charges.

SUPPORT FOR ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES (SAFETY) 
                              ACT OF 2002

    As part of its general oversight activities of the 
Department of Homeland Security's Office of Procurement, the 
Subcommittee on Management, Integration, and Oversight examined 
the implementation of the ``Support Anti-terrorism by Fostering 
Effective Technology Act'' (SAFETY Act) (P.L. 107-296). The 
SAFETY Act provides limited liability from claims arising out 
of acts of terrorism for sellers of qualified anti-terrorism 
technologies. Through hearings, briefings, and meetings, the 
Subcommittee focused on the Department's implementation of the 
SAFETY Act, including: burdens in the application process; 
confidentiality of information; general program awareness; 
effectiveness of liability protections against legal action; 
option for expedited review; and the Department's coordination 
of the SAFETY Act's implementation with procurement.
    On September 13, 2006, the Subcommittee on Management, 
Integration, and Oversight and the Subcommittee on Emergency 
Preparedness, Science, and Technologies held a joint hearing 
entitled ``Helping Business Protect the Homeland: Is the 
Department of Homeland Security Effectively Implementing the 
SAFETY Act?'' The Subcommittees received testimony from Hon. 
Jay Cohen, Undersecretary for Science and Technology, 
Department of Homeland Security; Ms. Elaine C. Duke, Chief 
Procurement Officer, Department of Homeland Security; Mr. 
Andrew Howell, Vice President, Homeland Security Policy 
Division, Chamber of Commerce; Mr. Michael M. Meldon, Executive 
Director, Homeland Security and Defense Business Council; Mr. 
Stan Z. Soloway, President, Professional Services Council; and 
Brian E. Finch, Esq., Dickstein Shapiro, LLP.
    The Subcommittee's oversight in this area contributed to 
the Department's decision to revamp its implementation of the 
SAFETY Act by updating the application process, ensuring that 
the certification process is consistent with existing 
procurement processes, and minimizing the burdens imposed on 
businesses so that liability is not an impediment to developing 
and deploying anti-terrorism technologies for Federal, State, 
and local homeland security programs and personnel.
    In addition, the Subcommittee's oversight in this area 
supported the development of provisions to streamline the 
SAFETY Act application process in Section 303 of H.R. 5814, the 
Department of Homeland Security Authorization Act for Fiscal 
Year 2007. H.R. 5814 was reported by the Full Committee in 
November 2006. See discussion of H.R. 5814 listed above.

  Subcommittee on Management, Integration, and Oversight Hearings Held

    CBP and ICE: Does the Current Organizational Structure Best 
Serve U.S. Homeland Security Interests? Hearing held March 9, 
2006. Serial No. 109-4.
    The Need to Strengthen Information Security at the 
Department of Homeland Security. Hearing held April 14, 2005. 
Serial No. 109-9.
    Management Challenges Facing the Department of Homeland 
Security. Hearing held April 20, 2005. Serial No. 109-12.
    Training More Border Agents: How the Department of Homeland 
Security Can Increase Training Capacity Most Effectively. May 
24, 2005. Serial No. 109-15.
    Mismanagement of the Border Surveillance System and Lessons 
for the New America's Shield Initiative. Hearing held June 16, 
2005. Serial No. 109-21.
    The National Training Program: Is Anti-Terrorism Training 
for First Responders Effective, Efficient, and Coordinated? 
Joint hearing with the Subcommittee on Emergency Preparedness, 
Science, and Technology June 23, 2005. Serial No. 109-25.
    Transforming the Department of Homeland Security Through 
Mission-based Budgeting. Hearing held June 29, 2005. Serial No. 
109-28.
    The 287(g) Program: Ensuring the Integrity of America's 
Border Security System through Federal-State Partnerships. 
Hearing held July 27, 2005. Serial No. 109-36.
    Sniffing Out Terrorism: The Use of Dogs in Homeland 
Security. Hearing held September 28, 2005. Serial No. 109-42.
    The Department of Homeland Security Second-Stage Review: 
The Role of the Chief Medical Officer. Hearing held October 27, 
2005. Serial No. 109-51.
    CBP and ICE: Does the Current Organizational Structure Best 
Serve U.S. Homeland Security Interests? Part 2. Hearing held 
November 15, 2005. Serial No. 109-57.
    Mismanagement of the Border Surveillance System and Lessons 
for the New Secure Border Initiative. Hearing held December 16, 
2005, and February 16, 2006. Serial No. 109-21.
    The 9/11 Reform Act: Examining the Implementation of the 
Human Smuggling and Trafficking Center. Hearing Held March 8, 
2006. Serial No. 109-68.
    Department of Homeland Security Information Technology 
Challenges and the Future of eMerge2. Joint hearing with the 
Subcommittee on Government Management, Finance, and 
Accountability of the Committee on Government Reform held March 
29, 2006. Serial No. 109-70. (Printed by the Committee on 
Government Reform).
    CBP and ICE: Does the Current Organizational Structure Best 
Serve U.S. Homeland Security Interests? Part 3. Hearing held 
May 11, 2006. Serial No. 109-57.
    Retention, Security Clearances, Morale, and Other Human 
Capital Challenges Facing the Department of Homeland Security. 
Hearing held May 18, 2006. Serial No. 109-78.
    An Examination of the Department of Homeland Security's 
Procurement Process Regarding Shirlington Limousine and 
Transportation, Inc. Hearing held June 15, 2006. Serial No. 
109-84.
    An Examination of Federal 9/11 Assistance to New York: 
Lessons Learned in Fraud Detection, Prevention, and Control. 
Hearings held July 12 and 13, 2006. Serial No. 109-91.
    Helping Business Protect the Homeland: Is the Department of 
Homeland Security Effectively Implementing the SAFETY Act? 
Joint hearing with the Subcommittee on Emergency Preparedness, 
Science, and Technology held September 13, 2006. Serial No. 
109-100.
    The Secure Border Initiative: Ensuring Effective 
Implementation and Financial Accountability of SBInet. Hearing 
held November 15, 2006. Serial No. 109-108.

   Subcommittee on Management, Integration, and Oversight Markup Held

    Committee Print entitled ``Department of Homeland Security 
Management and Operations Improvement Act of 2006.''; was 
favorably forwarded to the Full Committee for consideration, 
amended, by voice vote. March 15, 2006.

 Subcommittee on Management, Integration, and Oversight Briefings and 
                            Site Visits Held

    Member Briefing on canine detection capabilities. September 
27, 2005.
    Site Visit to the Federal Law Enforcement Training Center 
(FLETC), Artesia, New Mexico. August 16, 2006.
    Site Visit to the Transportation Security Administration 
(TSA) detection canine training facility at Lackland Air Force 
Base, San Antonio, Texas. August 17, 2006.
    Subcommittee on Emergency Preparedness, Science, and Technology

                DAVID G. REICHERT, Washington, Chairman

Bill Pascrell, Jr., New Jersey       Lamar S. Smith, Texas
Loretta Sanchez, California          Curt Weldon, Pennsylvania
Norman D. Dicks, Washington          Rob Simmons, Connecticut
Jane Harman, California              Mike Rogers, Alabama
Nita M. Lowey, New York              Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsael T. McCaul, Texas
Bob Etheridge, North Carolina        Charlie Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Preparedness for and collective response to terrorism, 
including federal support to first responders; terrorism-related 
incident management and response; consequence mitigation; Department of 
Homeland Security-administered homeland security grants to first 
responders; conduct and coordination of exercises and training relating 
to mitigating the effects of and responding to terrorist attacks 
(including nuclear, biological, radiological, and chemical attacks on 
civilian populations); federal government coordination of terrorism-
related emergency preparedness and response with and among state and 
local governments, the private sector, and the public; research, 
development and deployment of technology for combating terrorism; 
adaptation of existing technologies to homeland security prevention 
priorities; coordination and enhancement of Department of Homeland 
Security interaction on science and technology matters with the private 
sector, federally funded research and development centers, educational 
institutions, the National Laboratories, and other scientific 
resources; Department of Homeland Security-based science and technology 
entities and initiatives; conducting relevant oversight; and other 
matters referred to the Subcommittee by the Chairman.

                                 ------                                

    The Subcommittee on Emergency Preparedness, Science, and 
Technology actively conducted oversight on a wide range of 
issues through public hearings, briefings, and meetings during 
the 109th Congress. The Subcommittee held 15 hearings on 
emergency preparedness and response issues, leading to the 
introduction and/or enactment of legislation enhancing public 
safety emergency communications, reforming the Department of 
Homeland Security's (DHS) Directorate of Preparedness and 
Federal Emergency Management Agency, and revising Federal 
homeland security assistance for first responders. The 
Subcommittee held 7 hearings on science and technology issues, 
leading to the introduction and/or passage of legislation 
reforming the Department's Directorate of Science and 
Technology (S&T). Members and Staff also met on a frequent 
basis with emergency response providers, academic experts, 
industry representatives, non-governmental organizations, in 
addition to officials from DHS, other Federal departments and 
agencies, and State, local, and tribal governments across the 
country. These hearings, briefings, and meeting were central to 
the Subcommittee's legislative and oversight activities, which 
focused on the following topics: (1) reforming first responder 
grant programs to make them ``faster and smarter''; (2) 
preparedness and planning for and response to catastrophic 
incidents, whether man-made or natural; (3) public safety 
emergency communications; (4) the mission and management of the 
S&T Directorate; (5) research, development, testing, and 
evaluation of homeland security technologies; and (6) the 
transfer of homeland security technology between the 
Department, industry, and other domestic and international 
partners in the global war on terrorism.

 Legislative Activities of the Subcommittee on Emergency Preparedness, 
                        Science, and Technology


      FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT OF 2005

                               H.R. 1544

    To provide faster and smarter funding for first responders, 
and for other purposes.

Summary

    H.R. 1544, the ``Faster and Smarter Funding for First 
Responders Act of 2005,'' reforms the manner in which the 
Department of Homeland Security issues Federal grants to 
enhance the ability of States, local governments, regions, 
Indian tribes, and first responders to prevent, prepare for, 
respond to, mitigate against, and recover from threatened or 
actual acts of terrorism. H.R. 1544 does not create a new grant 
program. Rather, it establishes a common set of rules for three 
of the Department's existing terrorism preparedness grant 
programs--the State Homeland Security Grant Program, the Urban 
Area Security Initiative, and the Law Enforcement Terrorism 
Prevention Program.
    At its most fundamental level, H.R. 1544 is designed to 
expedite the delivery of Federal terrorism preparedness 
assistance to first responders where it is needed most and, at 
the same time, end undisciplined homeland security spending. It 
does so by: (1) requiring States, territories, regions, 
localities, Indian tribes, and first responders to decide how 
to spend their terrorism preparedness grant funding before they 
submit their applications; (2) allocating grant awards to 
States, territories, regions, and directly eligible tribes 
based on an assessment of risk and need; (3) ensuring that 
grant recipients use their awards to achieve, maintain, and 
enhance clear and measurable essential capabilities, and 
providing a substantial role for State and local governments 
and first responders in determining such capabilities; (4) 
requiring and providing incentives to States to pass through 
their awarded funds to localities within tight time-frames and 
penalizing States that fail to do so; (5) requiring States to 
prioritize their allocation of Federal anti-terrorism grants to 
address their greatest threats, vulnerabilities, and 
consequences; and (6) holding grant recipients accountable for 
how they spend their Federal terrorism preparedness funds.

Legislative History

    H.R. 1544 was introduced on April 12, 2005, by Mr. Cox, Mr. 
Thompson of Mississippi, and all 34 Members of the Committee on 
Homeland Security. The bill was referred solely to the 
Committee on Homeland Security.
    Prior to introduction, on April 12, 2005, the Subcommittee 
on Emergency Preparedness, Science, and Technology held an 
oversight hearing entitled ``The Need for Grant Reform and The 
Faster and Smarter Funding for First Responders Act of 2005.'' 
The Subcommittee received testimony from Mr. J. Richard Berman, 
Assistant Inspector General for Audits, Office of Inspector 
General, Department of Homeland Security; William O. Jenkins, 
Jr., Ph.D., Director, Homeland Security and Justice Issues, 
Government Accountability Office; Veronique de Rugy, Ph.D., 
Fellow, American Enterprise Institute; Hon. Bryan E. Beatty, 
Secretary, North Carolina Department of Crime Control and 
Public Safety; Mr. Michael Chapman, Director, Missouri Office 
of Homeland Security; and Mr. David L. Miller, Administrator, 
Iowa Homeland Security and Emergency Management Division.
    On April 14, 2005, the Committee on Homeland Security held 
an oversight hearing entitled ``Grant Reform: The Faster and 
Smarter Funding for First Responders Act of 2005.'' The 
Committee received testimony from Hon. Lee H. Hamilton, Vice 
Chair, National Commission on Terrorist Attacks Upon the United 
States; Ms. Mary Fetchet, Founding Director, Voices of 
September 11; Inspector Louis P. Cannon, testifying on behalf 
of the National Fraternal Order of Police; Chief Gregg Lord, 
Director, National Association of Emergency Medial Technicians, 
Division Chief--EMS, Cherokee County Fire-Emergency Services; 
and Mr. Kevin B. O'Connor, Associate to the General President, 
International Association of Fire Fighters.
    On April 19, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology considered H.R. 1544, and 
ordered the measure favorably reported to the Full Committee 
for consideration, amended, by voice vote.
    The Chairman of the Committee on the Judiciary sent a 
letter to the Speaker of the House on April 19, 2005, 
requesting a sequential referral of H.R. 1544 to the Committee 
on the Judiciary.
    On April 21, 2005, the Full Committee considered H.R. 1544 
and ordered the bill be reported to the House, favorably, 
amended, by voice vote.
    The Chairman of the Committee on Transportation and 
Infrastructure sent a letter to the Chairman of the Committee 
on Homeland Security on April 25, 2005, agreeing to not seek a 
sequential referral of H.R. 1544. That same day, the Chairman 
of the Committee on Science sent a letter to the Chairman of 
the Committee on Homeland Security indicating that although 
section 1807 of the bill as reported falls within the 
jurisdiction of the Committee on Science, the Committee would 
waive its right to consider the bill in order to expedite 
consideration on the House Floor.
    On April 28, 2005, the Committee on Homeland Security 
reported H.R. 1544 to the House as H. Rpt. 109-65.
    The Chairman of the Committee on Homeland Security sent 
letters to the Chairman of the Committee on Energy and Commerce 
and the Chairman of the Committee on Science on April 29, 2005, 
agreeing to support the appointment of Conferees from the 
Committee should a House-Senate Conference arise.
    On May 10, 2005, the Committee on Rules met and granted a 
Rule providing for the consideration of H.R. 1544, the Rule was 
filed in the House as H. Res. 269 (H. Rpt. 109-77). The House 
considered H. Res. 269 on May 12, 2005, and agreed to the Rule 
by voice vote. The House then considered H.R. 1544 on May 12, 
2005, and passed the bill, amended, by a recorded vote of 409 
yeas and 10 nays.
    H.R. 1544 was received in the Senate, read twice, and 
referred to the Senate Committee on Homeland Security and 
Governmental Affairs on May 12, 2005.
    On July 21, 2005, the text of H.R. 1544 was offered as an 
amendment on the House Floor during consideration of H.R. 3199 
and included as section 128 of the House-passed bill. During 
the House- Senate Conference on H.R. 3199, section 128 was 
removed. See discussion of H.R. 3199 listed above.

PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL COOPERATION 
                                  ACT

                               H.R. 4942

    To establish a capability and office to promote cooperation 
between entities of the United States and its allies in the 
global war on terrorism for the purpose of engaging in 
cooperative endeavors focused on the research, development, and 
commercialization of high-priority technologies intended to 
detect, prevent, respond to, recover from, and mitigate against 
acts of terrorism and other high consequence events and to 
address the homeland security needs of Federal, State, and 
local governments.

Summary

    H.R. 4942, the ``Promoting Antiterrorism Capabilities 
Through International Cooperation Act,'' is intended to 
stimulate, promote, and support cooperation between the United 
States and its allies in the Global War on Terrorism on 
research, development, testing, and evaluation of high-priority 
technologies intended to detect, prevent, respond to, recover 
from, and mitigate against acts of terrorism. Specifically, 
H.R. 4942 directs the Under Secretary for Science and 
Technology of the Department of Homeland Security to establish 
a Science and Technology Homeland Security International 
Cooperative Programs Office to facilitate international 
cooperative activities, such as international homeland security 
technology workshops and conferences and joint ventures between 
public and private sector entities within the United States and 
those of our allies with technological expertise in combating 
terrorism. At its most fundamental level, H.R. 4942 is designed 
to expedite the deployment of safe and effective homeland 
security technologies to first responders and others in need.

Legislative History

    H.R. 4942 was introduced on March 14, 2006, by Mr. King of 
New York, Mr. Thompson of Mississippi, Mr. Reichert, and Mr. 
Pascrell, and referred solely to the Committee on Homeland 
Security. Within the Committee the bill was referred to the 
Subcommittee on Emergency Preparedness, Science, and 
Technology.
    On March 15, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology considered H.R. 4942 and 
ordered the measure favorably forwarded to the Full Committee 
for consideration, without amendment, by voice vote. The Full 
Committee considered H.R. 4942 on June 14, 2006, and ordered 
H.R. 4942 reported to the House, amended, by voice vote.
    The Chairman of the Committee on Science sent a letter to 
the Chairman of the Committee on Homeland Security on September 
21, 2006, agreeing that, in order to expedite consideration of 
H.R. 4942 on the House Floor, the Committee on Science would 
not seek a sequential referral of the measure.
    The Chairman of the Committee on Homeland Security 
acknowledges this agreement with the Chairman of the Committee 
on Science on September 22, 2006.
    The Committee on Homeland Security reported H.R. 4942 to 
the House on September 25, 2006 (H. Rpt. 109-674).
    The House agreed to suspend the Rules and pass H.R. 4942 on 
September 26, 2006, by voice vote. H.R. 4942 was received in 
the Senate on September 27, 2006, and on November 13, 2006, was 
referred to the Senate Committee on Homeland Security and 
Governmental Affairs.

    HOMELAND SECURITY SCIENCE AND TECHNOLOGY ENHANCEMENT ACT OF 2006

                         H.R. 4941 (H.R. 3270)

    To reform the science and technology programs and 
activities of the Department of Homeland Security, and for 
other purposes.

Summary

    H.R. 4941, the ``Homeland Security Science and Technology 
Enhancement Act of 2006,'' is intended to enhance the ability 
of the Department of Homeland Security's Directorate of Science 
and Technology to develop and disseminate technologies that 
will help our Nation's emergency response providers and other 
``end-users'' prevent, prepare for, respond to, recover from, 
and mitigate against acts of terrorism and other emergencies. 
Among other things, this bill directs the Secretary of Homeland 
Security, acting through the Under Secretary for Science and 
Technology, to: develop a strategic plan for the Department's 
science and technology activities; support the development, 
promulgation, and updating of national voluntary consensus 
standards for equipment and training for emergency response 
providers and components of the Department; establish a 
technology development and transfer program to facilitate the 
identification, modification, and commercialization of 
promising homeland security technologies and equipment; 
establish a regional technology integration program to 
facilitate the transition of innovative technologies and 
operational concepts to urban and other high risk areas; 
support research and development, including fundamental, long-
term research, in cybersecurity; and report to Congress on how 
the Department will consider privacy and civil rights and civil 
liberties issues in conducting its activities. H.R. 4941 
provides the Department with additional legislative guidance to 
support its mission of ensuring that our Nation possesses the 
technology necessary to handle catastrophic incidents, 
especially those involving chemical, biological, radiological, 
nuclear, and explosive weapons.

Legislative History

    H.R. 4941 was introduced on March 14, 2006, by Mr. Reichert 
and Mr. Pascrell and referred solely to the Committee on 
Homeland Security. Within the Committee on Homeland Security, 
H.R. 4941 was referred to the Subcommittee on Emergency 
Preparedness, Science, and Technology.
    The Subcommittee on Emergency Preparedness, Science, and 
Technology considered H.R. 4941 on March 15, 2006, and 
forwarded the measure to the Full Committee, with a favorable 
recommendation, amended, by voice vote.
    The Committee on Homeland Security met to consider H.R. 
4941 on June 14, 2006, and ordered the measure reported to the 
House, amended, by voice vote.
    Provisions of H.R. 3270 relating to rail security research 
and development were included in H.R. 4941 during the Full 
Committee consideration of that measure in section 14.
    The Committee on Homeland Security reported H.R. 4941 to 
the House on December 8, 2006, as H. Rpt. 109-729, Pt. I.

  Oversight Activities of the Subcommittee on Emergency Preparedness, 
                        Science, and Technology


                FISCAL YEAR 2006 AND 2007 BUDGET REVIEW

    The Subcommittee examined the Administration's proposed 
budget requests for Fiscal Years (FY) 2006 and 2007 for the 
Department of Homeland Security's Directorates of Preparedness 
and Science and Technology (S&T), the Office of State and Local 
Government Coordination and Preparedness (OSLGCP), and the 
Federal Emergency Management Agency (FEMA), through various 
briefings and hearings.
    On Thursday, February 10, 2005, the Subcommittee held a 
hearing entitled ``The Proposed Fiscal Year 2006 Budget: 
Enhancing Terrorism Preparedness for First Responders.'' The 
Subcommittee received testimony from Hon. Penrose ``Parney'' 
Albright, Ph.D., Assistant Secretary, S&T Directorate, 
Department of Homeland Security; Mr. Matt A. Mayer, Acting 
Executive Director, OSLGCP, Department of Homeland Security; 
and General Dennis Reimer (Ret.), Director, National Memorial 
Institute for the Prevention of Terrorism. The hearing reviewed 
the Administration's proposed budget plans and authorization 
needs for OSLGCP and the S&T Directorate with respect to 
enhancing terrorism preparedness for first responders and 
State, local, and tribal governments. The hearing also examined 
the evolving programmatic relationship between OSLGCP and the 
S&T Directorate and the homeland security assistance programs 
administered by OSLGCP.
    On March 8, 2006, the Subcommittee held a hearing entitled 
``The Proposed Fiscal Year 2007 Budget: Enhancing Preparedness 
for First Responders.'' The Subcommittee received testimony 
from Hon. George W. Foresman, Under Secretary for Preparedness, 
Department of Homeland Security. The hearing reviewed the 
Administration's proposed FY 2007 budget plans and 
authorization needs for the Directorate of Preparedness. The 
hearing also examined the organization and structure of the 
Directorate, which the Department established in October 2005 
by consolidating and realigning its preparedness activities and 
programs, and the nature of its relationship with FEMA.

THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND HURRICANES KATRINA AND RITA

    In the aftermath of Hurricanes Katrina and Rita in August 
and October 2005, the Subcommittee held numerous hearings, 
briefings, and meetings to examine the response by Federal, 
State and local governments, with particular emphasis on the 
actions of the Federal Emergency Management Agency (FEMA), to 
the devastation caused to the Nation's Gulf Coast. The 
Subcommittee dedicated considerable effort to discern the 
lessons learned from Hurricanes Katrina and Rita and to 
identifying the obstacles that impeded our Nation's ability to 
respond more effectively.
    On October 30, 2005, the Subcommittee conducted a site 
visit to Houston and Beaumont, Texas to examine the Federal, 
State, and local preparations for and response to Hurricane 
Rita. Members received an aerial tour of affected areas in 
eastern Texas and western Louisiana and discussed a variety of 
issues with Federal, State, and local officials, the private 
sector, and other stakeholders, including the effectiveness of 
the mass evacuation of the Galveston and Houston metropolitan 
areas; incident command, control, and communications; and the 
relationship between all levels of Government.
    On February 6, 2006, the Chairman and Ranking Member of the 
Full Committee, and the Chairman and Ranking Member of the 
Subcommittee on Emergency Preparedness, Science, and Technology 
sent a letter to the Secretary of Homeland Security requesting 
that the Department adequately consult the Committee prior to 
implementation of any proposed plans to reorganize FEMA. In 
response, on June 14, 2006, the Subcommittee hosted a Member 
only briefing for the Members of the Full Committee on Homeland 
Security on the Department of Homeland Security's preparations 
for hurricane season and reforms to FEMA. Senior officials from 
FEMA briefed the Members on changes to FEMA's response teams, 
command structure, logistics capabilities, and assistance 
programs.
    The Subcommittee's efforts led to the development of H.R. 
5351, the ``National Emergency Management Reform and 
Enhancement Act,'' comprehensive legislation to enhance the 
ability of our Nation to address the full range of potential 
catastrophic incidents, whether man-made or natural. Authored 
by the Subcommittee and unanimously reported by the Full 
Committee in May 2006, H.R. 5351 was one of three bills that 
formed the basis for FEMA reform in Title VI of H.R. 5441, the 
``FY 2007, Department of Homeland Security Appropriations 
Act,'' which was enacted into law in October 2006 (P.L. 109-
295).

                        EMERGENCY COMMUNICATIONS

    As part of the Subcommittee's oversight of emergency 
preparedness and response issues during the 109th Congress, the 
Subcommittee held a series of hearings as well as numerous 
briefings and meetings on Federal, State, and local efforts to 
ensure that first responders and government officials are able 
to communicate effectively in the event of acts of terrorism, 
natural disasters, and other emergencies. These hearings and 
briefings examined a number of issues critical to emergency 
communications including: the complexities and challenges 
involved in achieving and maintaining interoperable emergency 
communications; the status of the Federal Government's efforts 
to address the vulnerabilities of our Nation's wired, wireless, 
and broadcast communications infrastructure; the steps that the 
Federal government is taking to assist State, local, and tribal 
governments in establishing and maintaining incident command 
and control when communications are severely disrupted; what 
research and development programs the Department of Homeland 
Security has established to investigate promising technological 
solutions; the level of coordination between the Department and 
other Federal departments and agencies charged with ensuring 
communications capabilities, such as the Departments of 
Commerce, Defense, and Justice and the Federal Communications 
Commission; and potential solutions for solving this 
longstanding problem.
    On October 26, 2005, the Subcommittee held a hearing 
entitled ``Ensuring Operability During Catastrophic Events.'' 
The Subcommittee received testimony from Hon. Mark Rey, Under 
Secretary, Natural Resources and Environment, Department of 
Agriculture; Dr. David Boyd, Director, SAFECOM, Office of 
Interoperability and Communications, Department of Homeland 
Security; Dr. Peter Fonash, Deputy Manager, National 
Communications System, Department of Homeland Security; Mr. Ken 
Moran, Director, Office of Homeland Security, Enforcement 
Bureau, Federal Communications Commission; and Dr. Linton Wells 
II, Acting Assistant Secretary, Networks and Information 
Integration and Chief Information Officer, Department of 
Defense.
    The Subcommittee held a series of hearings to receive 
perspectives of different constituencies on the state of 
interoperable communications. On February 15, 2006, the 
Subcommittee held a hearing entitled ``The State of 
Interoperable Communications: Perspectives from the Field.'' 
The Subcommittee received testimony from Trooper Casey L. 
Perry, Wisconsin State Patrol, Chairman, National Troopers 
Coalition; Mr. Tim Bradley, Senior Deputy State Fire Marshal, 
North Carolina Office of State Fire Marshal, National Volunteer 
Fire Council; Ms. Diane Linderman, Director-at-Large, Public 
Works Management/Leadership, American Public Works Association; 
Mr. William Moroney, President and Chief Executive Office, 
United Telecom Council; and Dr. William W. Pinsky, Executive 
Vice President & Chief Academic Officer, Ochsner Clinic 
Foundation, American Hospital Association.
    On March 1, 2006, the Subcommittee held a hearing entitled 
``The State of Interoperable Communications: Perspectives from 
State and Local Governments.'' The Subcommittee received 
testimony from Hon. Robert Drake, Mayor, Beaverton, Oregon, 
testifying on behalf of National League of Cities; Hon. Gino 
Menchini, Commissioner, Department of Information Technology 
and Telecommunications, City of New York, State of New York; 
Chief Charles Werner, Charlottesville Fire Department, 
Commonwealth of Virginia, testifying on behalf of Virginia's 
Statewide Interoperability Executive Committee; and Mr. Steve 
Proctor, Executive Director, The Utah Communications Agency 
Network testifying on behalf of Association of Public-Safety 
Communications Officials.
    On April 25, 2006, the Subcommittee held a hearing entitled 
``The State of Interoperable Communications: Perspectives on 
Federal Coordination of Grants, Standards, and Technology.'' 
The Subcommittee received testimony from Hon. Tracy A. Henke, 
Assistant Secretary, Office of Grants and Training, Directorate 
of Preparedness, Department of Homeland Security; Dr. David G. 
Boyd, Director, Office for Interoperability and Compatibility, 
Directorate of Science and Technology, Department of Homeland 
Security; Mr. Kenneth P. Moran, Director, Office of Homeland 
Security, Federal Communications Commission; Mr. Carl Peed, 
Executive Director, Office of Community Oriented Policing 
Services (COPS), Department of Justice; Mr. John Morgan, 
Assistant Director for Science and Technology, National 
Institute of Justice, Department of Justice; Mr. Dereck Orr, 
Program Manager, Public Safety Communications Systems, National 
Institute of Standards and Technology; Mr. James Gass, Deputy 
Director, National Memorial Institute for the Prevention of 
Terrorism; and Mr. Bruce Walker, Chairman, Subcommittee on 
Government Affairs, Homeland Security and Defense Business 
Council.
    The Subcommittee's oversight in this area led to the 
development and subsequent enactment of legislation to enhance 
the ability of our Nation's first responders to communicate 
with each other on demand, in real time, during catastrophic 
incidents, whether man-made or natural. The record developed by 
these hearings and briefings, led to the introduction of H.R. 
5852, the ``21st Century Emergency Communications Act,'' which 
passed the House of Representatives in July 2006. This language 
was also incorporated into Title VI, Subtitle D of H.R. 5441, 
the ``FY 2007, Department of Homeland Security Appropriations 
Act,'' which was enacted into law October 2006 (P.L. 109-295).

FEDERAL HOMELAND SECURITY ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND 
                            FIRST RESPONDERS

    As part of the Subcommittee's oversight of first responder 
issues during the 109th Congress, the Subcommittee held 
numerous hearings, briefings, and meetings with Federal, State, 
local, and tribal officials and all of the first responder 
disciplines to evaluate the effectiveness of the Department of 
Homeland Security's programs that provide funding to State and 
local governments and first responders. These hearings and 
briefings highlighted numerous problems with the Department's 
grant programs including: the need for the Department to 
allocate terrorism preparedness grants on the basis of risk, 
not arbitrary or political formulas; the burdensome nature of 
the application process; the slow rate of spending (i.e., draw-
down) of homeland security funding by grant recipients; and the 
lack of preparedness standards or goals to guide the spending 
of such funds at the State and local levels of government.
    To further investigate the rationale, on April 12, 2005, 
the Subcommittee held a hearing entitled ``The Need for Grant 
Reform and The Faster and Smarter Funding for First Responders 
Act of 2005.'' The Subcommittee received testimony from Mr. J. 
Richard Berman, Assistant Inspector General for Audits, Office 
of Inspector General, Department of Homeland Security; Dr. 
William O. Jenkins, Jr., PhD., Director, Homeland Security and 
Justice Issues, Government Accountability Office; Dr. Veronique 
de Rugy, PhD., Fellow, American Enterprise Institute; Hon. 
Bryan E. Beatty, Secretary, North Carolina Department of Crime 
Control and Public Safety; Mr. Michael Chapman, Director, 
Missouri Office of Homeland Security; and Mr. David L. Miller, 
Administrator, Iowa Homeland Security and Emergency Management 
Division. The hearing examined problems with the Department's 
terrorism preparedness grant programs and potential reforms to 
enhance their effectiveness, including evaluations of the 
provisions of H.R. 1544, the ``Faster and Smarter Funding for 
First Responders Act.''
    On January 6, 2006, representatives from the Department's 
Preparedness Directorate briefed Subcommittee Staff on the 
Department's recently released Fiscal Year (FY) 2006 Homeland 
Security Grant Program guidance and application kit for the 
Urban Area Security Initiative (UASI), the State Homeland 
Security Grant Program (SHSGP), and the Law Enforcement 
Terrorism Prevention Program (LETPP). Based upon the 
information gathered, the Subcommittee hosted a classified 
Member briefing on February 8, 2006 on Department's Fiscal Year 
(FY) 2006 Homeland Security Grant Program guidance and 
application kit. Senior officials from the Department's 
Preparedness Directorate, including the Offices of Grants and 
Training and Infrastructure Protection, discussed numerous 
dramatic changes to the risk assessment process, application 
procedures, and funding formula for UASI, SHSGP, and the LETPP.
    In April 2006, Subcommittee Staff visited Jackson, 
Mississippi to meet with State and local officials and first 
responders to discuss the Department's terrorism preparedness 
and all hazards grant programs.
    On June 7, 2006, the Subcommittee hosted a Full Committee 
Member briefing on the Department's FY 2006 grant awards to 
States and urban areas under UASI, SHSGP, and LETPP. Senior 
officials from the Department's Preparedness Directorate 
briefed Members on the methodologies and processes used to 
assess grant applications and determine awards to States and 
urban areas.
    The Subcommittee's oversight in this area supported the 
development of H.R. 1544, the ``Faster and Smarter Funding for 
First Responders Act,'' legislation reforming the Department's 
terrorism preparedness grant programs. This legislation passed 
the House of Representatives--as a stand alone measure in May 
2005, and as an amendment to H.R. 3199, the ``USA PATRIOT and 
Terrorism Prevention Reauthorization Act of 2005'' in July 
2005--and spurred the Department to make significant changes in 
how it administers these grant programs and awards funding to 
State and local governments.

               NATIONAL RESPONSE PLAN/INCIDENT MANAGEMENT

    As part of the Subcommittee's oversight of emergency 
preparedness and response issues during the 109th Congress, the 
Subcommittee reviewed the Department of Homeland Security's 
implementation and management of the National Response Plan 
(NRP) and the National Incident Management System (NIMS). 
Through numerous hearings, briefings, and meetings, the 
Subcommittee examined the status of Federal, State and local 
government efforts to adopt and implement the NIMS; the 
effectiveness of the NIMS Integration Center as the 
Department's component with responsibility for administering 
and maintaining the NRP and NIMS; the comfort of non-fire 
service first responder disciplines with the Incident Command 
System; the level and extent of coordination between the 
Department of Defense (DoD) and the Department of Homeland 
Security before, during, and after catastrophic events; the 
DoD's responsibilities under the NRP and whether the NRP, as 
drafted, sufficiently facilitates military support to civilian 
authorities; and the ability of the NRP and NIMS to deal with 
the challenges posed by biological incidents, such as an 
influenza pandemic.
    On September 29, 2005, the Subcommittee held a hearing 
entitled ``Incident Command, Control, and Communications during 
Catastrophic Events.'' The Subcommittee received testimony from 
Mr. Chuck Canterbury, National President, Fraternal Order of 
Police; Chief William D. ``Bill'' Killen, President, 
International Association of Fire Chiefs; Mr. Bob Freudenthal, 
President, American Public Works Association; Mr. Robert L. 
Garner, President and CEO, American Ambulance Association; Mr. 
David E. Liebersbach, Immediate Past President, National 
Emergency Management Association; and Mark Edward Gebhart, 
M.D., Assistant Professor of Emergency Medicine, Boonshoft 
School of Medicine at Wright State University.
    The Subcommittee on Emergency Preparedness, Science, and 
Technology and the Subcommittee on Intelligence, Information 
Sharing, and Terrorism Risk Assessment held a joint briefing, 
on October 7, 2005, on the Department's Interagency Incident 
Management Group (IIMG). Representatives from the IIMG provided 
an overview of the IIMG and its role under the NRP for 
coordinating the Federal government's response to catastrophic 
incidents.
    On November 9, 2005, the Subcommittee and the Subcommittee 
on Terrorism, Unconventional Threats and Capabilities of the 
Committee on Armed Services held a joint hearing entitled 
``Responding to Catastrophic Events: the Role of the Military 
and National Guard in Disaster Response.'' The Subcommittees 
received testimony from Hon. Michael P. Jackson, Deputy 
Secretary, Department of Homeland Security; Hon. Paul McHale, 
Assistant Secretary of Defense, Homeland Defense, Department of 
Defense; Admiral Thomas H. Collins, Commandant, U.S. Coast 
Guard, Department of Homeland Security; Major General Richard 
J. Rowe, Jr., Director of Operations, U.S. Northern Command, 
Department of Defense; and Lieutenant General H. Steven Blum, 
Chief, National Guard Bureau, Department of Defense.
    From March 22 through 24, 2006, Staff from the Subcommittee 
and the Subcommittee on Intelligence, Information Sharing, and 
Terrorism Risk Assessment held a joint site visit to U.S. 
Northern Command, Peterson Air Force Base, Colorado to discuss 
military support to civil authorities during catastrophic 
incidents.
    On February 8, 2006, the Subcommittee on Emergency 
Preparedness, Science and Technology and the Subcommittee on 
Prevention of Nuclear and Biological Attack held a joint 
hearing entitled ``Protecting the Homeland: Fighting Pandemic 
Flu From the Front Lines.'' The Subcommittees received 
testimony from Dr. Tara O'Toole, Chief Executive Officer and 
Director, Center for Biosecurity, University of Pittsburgh 
Medical Center; Hon. David B. Mitchell, Secretary, Department 
of Safety and Homeland Security, State of Delaware; Ms. Frances 
B. Phillips, RN, MHA, Health Officer, Anne Arundel County, 
Maryland Department of Health; Mr. Ernest Blackwelder, Senior 
Vice President, Business Force, Business Executives for 
National Security; and Dr. David C. Seaberg, Department of 
Emergency Medicine, University of Florida.
    The Subcommittee's oversight in this area supported the 
development of provisions of H.R. 5351, the ``National 
Emergency Management Reform and Enhancement Act,'' which 
Congress incorporated into H.R. 5441, the ``FY 2007, Department 
of Homeland Security Appropriations Act'' (P.L. 109-270).

                  EMERGENCY PREPAREDNESS AND PLANNING

    As part of the Subcommittee's oversight of emergency 
preparedness and response issues during the 109th Congress, the 
Subcommittee held several hearings, briefings, and meetings on 
emergency preparedness and planning at the Federal, State, 
regional, and local levels of Government. In addition to 
monitoring the Department's progress in establishing the 
National Preparedness Goal, the Subcommittee focused on the 
Department's assessment of catastrophic planning at all levels 
of government and its work with State and local Governments to 
strengthen their catastrophic emergency preparedness planning 
processes.
    On June 6, 2005, the Subcommittee held a site visit in New 
York City, New York to examine the emergency preparedness plans 
and capabilities of the City of New York. In addition to 
visiting the World Trade Center site, a fire station, and a 
municipal counter-terrorism facility, Members discussed the 
city's emergency management and intelligence activities and 
programs with fire and police officials.
    On April 12, 2006, Subcommittee held a field hearing in 
Orting, Washington, entitled ``Emergency Planning and 
Preparedness: Federal, State, and Local Coordination.'' The 
Subcommittee received testimony from Hon. George Foresman, 
Under Secretary of Preparedness, Department of Homeland 
Security; Mr. James Mullen, Director, Emergency Management 
Division, Washington Military Department; Mr. Steven Bailey, 
Director, Pierce County Department of Emergency Management; Mr. 
Mario H. Trevino, Fire Chief Bellevue Fire Department, City of 
Bellevue, Washington; Mr. William ``Bill'' Mitzel, Risk Control 
Specialist, Home Office Commercial Lines, Unigard Insurance 
Group; Sheriff Paul A. Pastor, Jr., Pierce County Sheriff's 
Office, State of Washington; Mr. A.D. Vickery, Assistant Chief, 
City of Seattle Fire Department, Seattle, Washington; Mr. 
Michael Loehr, Director of Preparedness, Public Health--Seattle 
and King County; Mr. William ``Bill'' Pugh, Director of Public 
Works/Assistant City Manager, City of Tacoma, Washington; and 
Mr. Roger C. Serra, Director of Security and Emergency 
Management, Seattle City Light, City of Seattle, Washington.
    On June 26, 2006, the Subcommittee held a field hearing in 
Wayne, New Jersey, entitled ``Preparing for, Responding to, and 
Preventing Terrorist Attacks, Natural Disasters and Other 
Emergencies: Is Northern New Jersey Ready?'' The Subcommittee 
received testimony from Hon. Jerry Speziale, Sheriff, Passaic 
County, State of New Jersey; Hon. Armando Fontoura, Sheriff, 
Essex County, State of New Jersey; Mr. Joseph Rotonda, Chief of 
Police, Township of Belleville, State of New Jersey; Mr. 
Michael Postorino, Fire Chief, City of Paterson, State of New 
Jersey; Mr. Richard Canas, Director, Office of Homeland 
Security and Preparedness, State of New Jersey; Mr. Walter 
Gramm, Executive Director, New Jersey Business Force, Business 
Executives for National Security; Mr. Steve Kempf, Regional 
Director, Region II, Federal Emergency Management Agency, 
Department of Homeland Security; and Mr. Timothy Beres, 
Director, Preparedness Programs Division, Office of Grants and 
Training, Department of Homeland Security.
    On July 26, 2006, the Subcommittee held a hearing entitled 
``Emergency Care Crisis: A Nation Unprepared for Public Health 
Disasters.'' The Subcommittee received testimony from Dr. 
Robert R. Bass, Member, Committee on the Future of Emergency 
Care, Institute of Medicine; Dr. Frederick Blum, President, 
American College of Emergency Physicians; Ms. Mary Jagim, 
Member, Emergency Nurses Association; and Dr. Steven Krug, 
Chairman, Committee on Pediatric Emergency Medicine, American 
Academy of Pediatrics.
    The Subcommittee's oversight in this area supported the 
development of the preparedness and planning provisions of H.R. 
5351, the ``National Emergency Management Reform and 
Enhancement Act,'' which Congress incorporated into H.R. 5441, 
the ``FY 2007, Department of Homeland Security Appropriations 
Act'' (P.L. 109-270).

                 FIRST RESPONDER EXERCISES AND TRAINING

    With respect to first responder training and exercises, the 
Subcommittee focused on the need for more coordination, 
consistency, and inclusiveness in programs sponsored by the 
Federal Government. The Subcommittee held hearings and site 
visits to evaluate the effectiveness of the Department of 
Homeland Security's National Exercise and Training Program, 
including the Top Officials Three Exercise (TOPOFF 3) exercise 
held in May 2005, and regularly met with representatives of the 
National Domestic Preparedness Consortium (NDPC) and other 
entities that provide terrorism preparedness training to the 
Nation's first responders.
    In May 2005, Staff of the Subcommittee and the Subcommittee 
on Management, Integration, and Oversight visited Anniston, 
Alabama to meet with officials of the Center for Domestic 
Preparedness, which serves as a weapons of mass destruction 
training center for the NDPC, and the Noble Training Center, 
which is operated by the Department and trains hospital and 
healthcare professionals in disaster preparedness and response, 
to observe their first responder training activities and 
programs.
    On June 23, 2005, the Subcommittee and the Subcommittee on 
Management, Integration, and Oversight held a joint hearing 
entitled ``The National Training Program: Is Anti-Terrorism 
Training for First Responders Efficient and Effective?'' 
Testimony was received from Hon. Raymond W. Kelly, 
Commissioner, Police Department, City of New York; Mr. Shawn 
Reese, Analyst in American National Government, Government and 
Finance Division, Congressional Research Service; Mr. Steven 
Edwards, Director, Maryland Fire and Rescue Institute, 
testifying on behalf of the North American Fire Training 
Directors; Sheriff Patrick D. McGowan, Chairman, Weapons of 
Mass Destruction Committee, National Sheriff's Association; 
Captain Jack Reall, National Fire Academy Board of Visitors; 
Dr. Van D. Romero, Vice President, Research and Economic 
Development, New Mexico Institute of Mining and Technology.
    On July 26, 2005, the Subcommittee held a hearing entitled 
``The London Attacks: Training to Respond in a Mass Transit 
Environment.'' The Subcommittee received testimony from Mr. 
Timothy Beres, Director, Preparedness Programs Division, Office 
for Domestic Preparedness, Office of State and Local Government 
Coordination and Preparedness, Department of Homeland Security; 
Mr. Robert Jamison, Deputy Administrator, Federal Transit 
Administration; Ms. Polly Hanson, Chief of Metro Police, 
Washington Metro Area Transit Authority; Chief William A. 
Morange, Deputy Executive Director/Director of Security, State 
of New York; Mr. Paul Lennon, Director of Intelligence and 
Emergency Preparedness Management, Los Angeles County 
Metropolitan Transit Authority; and Mr. Christopher Kozub, 
Associate Director, National Transit Institute.
    The Subcommittee's oversight in this area supported the 
development of the training and exercise provisions of the 
``National Emergency Management Reform and Enhancement Act,'' 
which Congress incorporated into H.R. 5441, the ``FY 2007, 
Department of Homeland Security Appropriations Act'' (P.L. 109-
270).

     SCIENCE AND TECHNOLOGY DIRECTORATE MANAGEMENT AND COORDINATION

    During the 109th Congress, the Subcommittee conducted 
extensive hearings, briefings, and meetings with Federal 
officials, academic experts, the private sector, and other 
stakeholders on the mission and operations of the Science and 
Technology (S&T) Directorate, the component of the Department 
of Homeland Security responsible for research, development, 
testing, and evaluation of homeland security technologies. 
Unlike many of other components of the Department, the S&T 
Directorate is not a legacy agency transferred from other 
Federal departments in March 2003. Rather, the S&T Directorate 
is a new entity and, as such, has experienced considerable 
growing pains in its more than three years of existence. The 
Subcommittee's oversight, therefore, focused on concerns 
related to: (1) a lack of transparent strategic planning; (2) 
inadequate detail in its budget justifications; (3) systemic 
deficiencies in its financial and accounting controls; (4) poor 
response to the needs of its customers and end-users; and (5) 
failing to more rapidly develop and adopt technologies for 
homeland security purposes.
    On September 7, 2006, the Subcommittee held a hearing 
entitled ``The Department of Homeland Security's Science and 
Technology Directorate: Is it Structured for Success?'' The 
Subcommittee received testimony from Hon. Jay Cohen, Under 
Secretary for Science and Technology, Department of Homeland 
Security. The hearing examined Under Secretary Cohen's plans to 
reorganize the S&T Directorate to enhance its ability to 
fulfill its responsibilities more effectively.
    On November 3, 2006, senior officials from the S&T 
Directorate briefed Subcommittee Staff on the status of the 
Directorate's reorganization and delivered separate 
presentations on the missions of and programmatic priorities 
through Fiscal Year 2011 for each of the Directorate's new 
divisions.
    The Subcommittee's oversight in this area supported the 
development of H.R. 4942, the ``Promoting Antiterrorism 
Capabilities Through International Cooperation Act'' and H.R. 
4941, the ``Homeland Security Science and Technology 
Enhancement Act,'' two pieces of legislation intended to 
improve the S&T Directorate's ability to harness public and 
private sector research and development capabilities, both 
domestically and internationally. H.R. 4942 passed the House of 
Representatives on September 26, 2006; H.R. 4941 was reported 
by the Full Committee in June 2006.

IMPLEMENTATION OF THE SUPPORT FOR ANTI-TERRORISM BY FOSTERING EFFECTIVE 
                   TECHNOLOGIES (SAFETY) ACT OF 2002

    As part of its oversight of the Science and Technology 
(S&T) Directorate of the Department of Homeland Security, the 
Subcommittee examined the efficacy of the ``Support Anti-
terrorism by Fostering Effective Technology Act'' (SAFETY Act) 
6 U.S.C. 441 et seq.; Title VIII, Subtitle G of Public Law 107-
296, the ``Homeland Security Act of 2002.'' The SAFETY Act 
provides limited liability from claims arising out of acts of 
terrorism for sellers of qualified anti-terrorism technologies. 
Through hearings, briefings, and meetings, the Subcommittee 
focused on the S&T Directorate's implementation of the SAFETY 
Act, including: application burden; confidentiality of 
information; general program awareness; effectiveness of 
liability protections against legal action; option for 
expedited review; and the SAFETY Act's coordination with 
procurement.
    On September 13, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology and the Subcommittee on 
Management, Integration, and Oversight held a joint hearing 
entitled ``Helping Business Protect the Homeland: Is the 
Department of Homeland Security Effectively Implementing the 
SAFETY Act?'' The Subcommittees received testimony from Hon. 
Jay Cohen, Under Secretary for Science and Technology, 
Department of Homeland Security; Ms. Elaine C. Duke, Chief 
Procurement Officer, Department of Homeland Security; Mr. 
Andrew Howell, Vice President, Homeland Security Policy 
Division, U.S. Chamber of Commerce; Mr. Michael M. Meldon, 
Executive Director, Homeland Security and Defense Business 
Council; Mr. Stan Z. Soloway, President, Professional Services 
Council; and Brian E. Finch, Esq., Dickstein Shapiro, LLP.
    The Subcommittee's oversight in this area contributed to 
the Department of Homeland Security's decision to revamp its 
implementation of the SAFETY Act by updating the application 
process, ensuring that the certification process dovetails with 
existing procurement processes, and minimizing the burdens 
imposed on businesses so that liability is not an impediment to 
developing and deploying anti-terrorism technologies for 
Federal, State, and local homeland security personnel. In 
addition, the Subcommittee's oversight supported the 
development of provisions to streamline the SAFETY Act 
application process in H.R. 5814, the ``Department of Homeland 
Security Authorization Act for Fiscal Year 2007.'' H.R. 5814 
was reported by the Full Committee in November 2006.

            TECHNOLOGY CLEARINGHOUSE AND TECHNOLOGY TRANSFER

    With respect to technology transfer, the Subcommittee 
examined the extent of collaboration between the Department of 
Defense (DoD) and the Department of Homeland Security in 
identifying and adapting military technologies for homeland 
security missions. In order to provide Federal, State, and 
local homeland security personnel with the most advanced 
operational tools available and to eliminate redundant research 
and development programs, the Subcommittee examined: the nature 
of cooperative agreements, if any, between DoD and the 
Department and the extent and level of communication between 
officials of the two Departments; the extent and level of 
programmatic coordination between the two Departments in 
developing technologies that have potential utility for both 
military and homeland security purposes; the processes, if any, 
for identifying and prioritizing military technologies suitable 
for transfer; and the Department's progress in adapting and 
modifying already transferred technologies.
    On July 21, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology held a joint hearing with 
the Subcommittee on Terrorism, Unconventional Threats and 
Capabilities of the Committee on Armed Services entitled 
``Technology Transfer: Leveraging Military Technology to 
Enhance Homeland Security.'' The Subcommittees received 
testimony from Ms. Sue Payton, Deputy Under Secretary of 
Defense for Advanced Systems and Concepts, Department of 
Defense; Dr. Tony Tether, Director, Defense Advanced Research 
Projects Agency, Department of Defense; Dr. John Kubricky, 
Director, Office of Systems Engineering and Development, 
Science and Technology Directorate, Department of Homeland 
Security; and Mr. Peter F. Verga, Principal Deputy Assistant 
Secretary of Defense for Homeland Defense, Department of 
Defense.
    The Subcommittee's oversight in this area supported the 
development of the technology transfer provisions in H.R. 4941, 
the ``Homeland Security Science and Technology Enhancement Act 
of 2006.'' The Subcommittee passed H.R. 4941 in March 2006. It 
was reported by the Full Committee in June 2006.

                           PROJECT BIOSHIELD

    The Subcommittee evaluated the Department of Homeland 
Security's effectiveness in assessing and determining the 
materiality of chemical, biological, radiological, and nuclear 
(CBRN) threats pursuant to the Project Bioshield Act of 2004 
(P.L. 108-276). Initially proposed by President Bush in January 
2003, Project Bioshield is designed to address the lack of a 
commercial market for countermeasures against CBRN weapons by 
creating incentives for biotechnology and pharmaceutical 
companies to invest in the research and development of such 
countermeasures. The Subcommittee focused on the role of the 
Department's Science and Technology (S&T) Directorate in 
conducting material threat assessments, prioritizing existing 
biological threats, and coordinating the Project Bioshield 
process with the Department of Health and Human Services.
    On Tuesday, July 12, 2005, the Subcommittee held a hearing 
entitled ``Project BioShield: Linking Bioterrorism Threats and 
Countermeasure Procurement to Enhance Terrorism Preparedness.'' 
The Subcommittee received testimony from Hon. Stewart Simonson, 
Assistant Secretary, Office of Public Health Emergency 
Preparedness, Department of Health and Human Services; Dr. John 
Vitko, Jr., Director, Biological Countermeasures Portfolio, 
Science and Technology Directorate, Department of Homeland 
Security; Ms. Karen T. Morr, Acting Assistant Secretary, Office 
of Information Analysis, Information Analysis and 
Infrastructure Protection Directorate, Department of Homeland 
Security; Dr. Marcus Eugene Carr, Jr., Executive Director, 
Clinical Research-Hemostasis, Novo Nordisk, Inc.; Mr. Michael 
Greenberger, Director, Center for Health and Homeland Security, 
University of Maryland School of Law; Mr. Richard Hollis, Chief 
Executive Officer, Hollis-Eden Pharmaceuticals, Inc.; Mr. James 
A. Joyce, Chairman and Chief Executive Officer, Aethlon 
Medical, Inc.; Mr. David P. Wright, President & Chief Executive 
Officer, PharmAthene, Inc.; and Ms. Nancy Wysenski, President, 
EMD Pharmaceuticals.
    The Subcommittee's oversight in this area contributed to 
the development of legislation by the Subcommittee on 
Prevention of Nuclear and Biological Attack to accelerate the 
material threat assessment process.

                   RADIOLOGICAL AND NUCLEAR DETECTION

    The Subcommittee examined the effectiveness of radiation 
detection monitors currently deployed at the Nation's ports of 
entry and other radiation detection technologies and ongoing 
research, development, testing, and evaluation efforts in 
pursuit of next generation detention technologies.
    On June 21, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology and the Subcommittee on 
Prevention of Nuclear and Biological Attack held a joint 
hearing entitled ``Detecting Nuclear Weapons and Radiological 
Materials: How Effective Is Available Technology?'' The 
Subcommittees received testimony from Mr. Gene Aloise, 
Director, Natural Resources and Environment, Government 
Accountability Office; Dr. Richard L. Wagner, Jr., Chair, 
Defense Science Board Task Force on Prevention of, and Defense 
Against, Clandestine Nuclear Attack and Senior Staff Member, 
Los Alamos National Laboratory; Ms. Bethann Rooney, Manager, 
Port Security, Port Authority of New York & New Jersey; Dr. 
Benn Tannenbaum, American Association for the Advancement of 
Science; Mr. Vayl Oxford, Acting Director, Domestic Nuclear 
Detection Office, Department of Homeland Security; Mr. Michael 
K. Evenson, Acting Director, Combat Support Directorate, DTRA, 
Department of Defense; and Mr. David Huizenga, Assistant Deputy 
Administrator, International Materials Protection and 
Cooperation, National Nuclear Security Administration, 
Department of Energy.
    The Subcommittee's oversight in this area contributed to 
the development of legislation by the Subcommittee on 
Prevention of Nuclear and Biological Attack on radiological and 
nuclear detection.

                 CYBERSECURITY RESEARCH AND DEVELOPMENT

    The Subcommittee examined the Department of Homeland 
Security's Science and Technology (S&T) Directorate's 
cybersecurity research and development program and the 
safeguards to minimize the vulnerabilities of our Nation's 
electronic information infrastructure and to develop meaningful 
countermeasures to thwart terrorist threats from cyberspace.
    On October 18, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology and the Subcommittee on 
Economic Security, Infrastructure Protection, and Cybersecurity 
held a joint hearing entitled ``SCADA and the Terrorist Threat: 
Protecting the Nation's Critical Control Systems.'' The 
Subcommittees received testimony from Mr. Donald ``Andy'' 
Purdy, Acting Director, National Cyber Security Division, 
Department of Homeland Security; Mr. Larry Todd, Director, 
Security, Safety and Law Enforcement, Bureau of Reclamation, 
Department of the Interior; Dr. Sam Varnado, Director of 
Information Operations Center, Sandia National Laboratory; Dr. 
K.P. Ananth, Associate Laboratory Director--National & Homeland 
Security, Idaho National Laboratory; Dr. William Rush, 
Institute Physicist, Gas Technology Institute; and Mr. Alan 
Paller, Director of Research, The SANS Institute.
    On August 8, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology and the Subcommittee on 
Economic Security, Infrastructure Protection, and Cybersecurity 
held a joint field hearing in Bellingham, Washington entitled 
``Assessment of Risks at the Northern Border and the 
Infrastructure Necessary to Address Those Risks.'' The 
Subcommittees received testimony from Mr. Thomas Hardy, 
Director of Field Operations, Seattle Field Office, Customs and 
Border Protection, Department of Homeland Security; Mr. Ronald 
Henley, Chief Patrol Agent, Blaine Sector, Customs and Border 
Protection, Department of Homeland Security; Major General 
Timothy J. Lowenberg, Adjutant General of Washington, 
Washington National Guard; Hon. Dale Brandland, Senator, 
Washington State Senate; Mr. David B. Harris, Senior Fellow for 
National Security, Canadian Coalition for Democracies; 
Ambassador Martin Collacott, Former Canadian Ambassador to 
Syria and Lebanon; Mr. K. Jack Riley, Director, Homeland 
Security Center, RAND Corporation; and Mr. Gregory Johnson, 
President, Chapter 164, National Treasury Employees Union.
    The Subcommittee's oversight in this area supported the 
development of the cybersecurity research and development 
provisions in H.R. 4941, the ``Homeland Security Science and 
Technology Enhancement Act of 2006.'' Following the 
Subcommittee's action, the Full Committee reported H.R. 4941 to 
the House in June 2006.

                       LIQUID EXPLOSIVE DETECTION

    The Subcommittee examined the Department of Homeland 
Security Science and Technology (S&T) Directorate's research 
and development program for liquid explosive detection 
technologies. In the aftermath of the foiled terrorist plot in 
August 2006 to detonate liquid explosives on international 
airplane flights originating from the United Kingdom, the 
Subcommittee held extensive briefings to assess the status of 
the Department of Homeland Security's activities in this area.
    On August 16, 2006, senior officials from the S&T 
Directorate briefed Staff from the Subcommittee and the 
Subcommittee on Prevention of Nuclear and Biological Attack on 
the research and development activities of the Directorate's 
Rapid Response Team on liquid explosive detection.
    On August 23, 2006, senior officials from the S&T 
Directorate briefed Staff from the Subcommittee and the 
Subcommittee on Prevention of Nuclear and Biological Attack on 
the maturity and development of liquid explosives detection 
equipment for future deployment at airport security 
checkpoints.
    On October 25, 2006, Subcommittee Staff visited the 
Transportation Security Lab in Atlantic City, New Jersey to 
receive briefings on the Department's efforts to develop 
technologies to identify liquid explosives and examine 
technology under review and testing for the next generation 
passenger and baggage screening systems.

    Subcommittee on Emergency Preparedness, Science, and Technology 
                             Hearings Held

    The Proposed Fiscal Year 2006 Budget: Enhancing Terrorism 
Preparedness for First Responders. Hearing held February 10, 
2005. Serial No. 109-1.
    The Need for Grant Reform and The Faster and Smarter 
Funding for First Responders Act of 2005. Hearing held April 
12, 2005. Serial No. 109-6.
    Detecting Nuclear Weapons and Radiological Materials: How 
Effective Is Available Technology? Joint hearing with the 
Subcommittee on Prevention of Nuclear and Biological Attack 
held June 21, 2005. Serial No. 109-22.
    The National Training Program: Is Anti-Terrorism Training 
for First Responders Effective, Efficient, and Coordinated? 
Joint hearing held with the Subcommittee on Management, 
Integration, and Oversight held June 23, 2005. Serial No. 109-
25.
    Project BioShield: Linking Bioterrorism Threats and 
Countermeasure Procurement. Hearing held July 12, 2005. Serial 
No. 109-29.
    Technology Transfer: Leveraging Military Technology to 
Enhance Homeland Security. Joint hearing with the Subcommittee 
on Terrorism, Unconventional Threats and Capabilities of the 
Committee on Armed Services held July 21, 2005. Serial No. 109-
34.
    The London Attacks: Training to Respond in a Mass Transit 
Environment. Hearing held July 26, 2005 Serial No. 109-35.
    Incident Command, Control, and Communications during 
Catastrophic Events. Hearing held September 29, 2005. Serial 
No. 109-44.
    SCADA and the Terrorist Threat: Protecting the Nation's 
Critical Control Systems. Joint Hearing held with the 
Subcommittee on Economic Security, Infrastructure Protection, 
and Cybersecurity held October 18, 2005. Serial No. 109-45.
    Ensuring Operability During Catastrophic Events. Hearing 
held October 26, 2005. Serial No. 109-49.
    Responding to Catastrophic Events: The Role of the Military 
and National Guard in Disaster Response. Joint hearing with the 
Subcommittee on Terrorism, Unconventional Threats and 
Capabilities of the Committee on Armed Services held November 
9, 2005. Serial No. 109-56.
    Protecting the Homeland: Fighting Pandemic Flu From the 
Front Lines. Joint hearing with the Subcommittee on Prevention 
of Nuclear and Biological Attack held February 8, 2006. Serial 
No. 109-61.
    The State of Interoperable Communications: Perspectives 
from the Field. Hearing held February 15, 2006. Serial No. 109-
62.
    The State of Interoperable Communications: Perspectives 
from State and Local Governments. Hearing held March 1, 2006. 
Serial No. 109-62.
    Proposed Fiscal Year 2007 Budget: Enhancing Preparedness 
for First Responders. Hearing held March 8, 2006. Serial No. 
109-67.
    Emergency Planning and Preparedness: Federal, State, and 
Local Coordination. Hearing held in Orting, Washington April 
12, 2006. Serial No. 109-73.
    The State of Interoperable Communications: Perspectives on 
Federal Coordination of Grants, Standards, and Technology. 
Hearing held April 25, 2006. Serial No. 109-62.
    Preparing for, Responding to, and Preventing Terrorist 
Attacks, Natural Disasters and Other Emergencies: Is Northern 
New Jersey Ready? Hearing held in Wayne, New Jersey June 26, 
2006. Serial No. 109-88.
    Emergency Care Crisis: A Nation Unprepared for Public 
Health Disasters. Hearing held July 26, 2006. Serial No. 109-
94.
    Assessing the Northern Border: Considerations for 
Maintaining Secure and Open Borders. Joint field hearing held 
in Blaine, Washington with the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity on 
August 8, 2006. Serial No. 109-94.
    The Department of Homeland Security's Science and 
Technology Directorate: Is it Structured for Success? Hearing 
held September 7, 2006. Serial No. 109-98.
    Helping Business Protect the Homeland: Is the Department of 
Homeland Security Effectively Implementing the SAFETY Act? 
Joint hearing with the Subcommittee on Management, Integration, 
and Oversight on September 13, 2006. Serial No. 109-100.

Subcommittee on Emergency Preparedness, Science, and Technology Markups 
                                  Held

    H.R. 1544, ``Faster and Smarter Funding for First 
Responders Act of 2005.''; was ordered favorably reported to 
the Full Committee for consideration, amended, by Voice Vote. 
April 19, 2005.
    H.R. 4941, ``Homeland Security Science and Technology 
Enhancement Act of 2006.''; was ordered favorably forwarded to 
the Full Committee for consideration, amended, by voice vote. 
March 15, 2006.
    H.R. 4942, ``Promoting Antiterrorism Capabilities Through 
International Cooperation Act.''; was ordered favorably 
forwarded to the Full Committee for consideration, amended, by 
voice vote. March 15, 2006.
    Committee Print entitled ``Department of Homeland Security 
Technology Development and Transfer Act of 2005''; was ordered 
favorably forwarded to the Full Committee for consideration, 
without amendment, by Voice Vote. April 18, 2005.

    Subcommittee on Emergency Preparedness, Science, and Technology 
                     Briefings and Site Visits Held

    Site Visit to New York City, New York on Terrorism 
preparedness activities and programs. June 6, 2005.
    Site Visit to Houston and Beaumont, Texas to examine border 
security issues. October 30, 2005.
    Member briefing on Department of Homeland Security Fiscal 
Year 2006 terrorism preparedness grants. February 8, 2006.
    Site Visit to the U.S. Northern Command, Peterson Air Force 
Base, Colorado. March 22 through 24, 2006.
    Joint Member briefing with the Subcommittee on Prevention 
of Nuclear and Biological Attack on the implementation plan for 
the President's National Strategy for Pandemic Influenza. April 
6, 2006.
    Joint Site Visit with the Subcommittee on Economic 
Security, Infrastructure Protection, and Cybersecurity of the 
Port of Seattle, the Peace Arch Port of Entry, and the 
Bellingham Air and Marine Branch. August 7 and 8, 2006.
                     Subcommittee on Investigations

                   MICHAEL T. McCAUL, Texas, Chairman

Bob Etheridge, North Carolina        Christopher Shays, Connecticut
Bill Pascrell, Jr., New Jersey       Daniel E. Lungren, California
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

Jurisdiction: Conduct of investigations into matters within the 
jurisdiction of the full Committee and referred to the subcommittee by 
the Chairman.

                                 ------                                

    The Subcommittee on Investigations conducted investigations 
on several key issues during the 109th Congress, including 
criminal activity and incursions along the Southwest border, 
and the rampant waste, fraud and abuse that occurred in the 
aftermath of Hurricanes Katrina and Rita. The activities of the 
Subcommittee included several hearings, numerous briefings, 
site visits and extensive interviews with relevant Federal, 
State, and local government officials, academic experts, 
industry representatives, and non-governmental organizations. 
As a result of its investigation into criminal activity along 
the Texas border with Mexico, the Subcommittee Chairman McCaul 
issued an interim report containing findings and 
recommendations relating to this important issue.

               Subcommittee on Investigations Activities


                            BORDER SECURITY

Border Incursions

    On January 23, 2006, individuals appearing to be members of 
the Mexican military crossed into the sovereign territory of 
the United States in Hudspeth County, Texas. Reports indicated 
that these individuals were attempting to protect a drug 
shipment as it came across the border. When confronted by law 
enforcement officers, the men retreated back into Mexico.
    On January 26, 2006, the Chairman of the Committee on 
Homeland Security, the Chairman of the Subcommittee on 
Investigations, and the Chairman of the Subcommittee on 
Management, Integration, and Oversight sent letters to the 
Secretary of Homeland Security, the Secretary of State, and the 
Ambassador for Mexico requesting information on these events. 
The letters also requested information on the procedures and 
policies in place to respond to such incursions.
    On January 27, 2006, the Department of Homeland Security 
and the Department of State responded, respectively, to the 
Committee's letter by scheduling staff briefings. The briefings 
took place on January 31, 2006, and were held jointly by the 
U.S. Border Patrol and the Office of Mexican Affairs at the 
Department of State. The U.S. Border Patrol provided 
information relating to a January 23, 2006 incursion and 
reported that the incident was being investigated by both the 
Federal Bureau of Investigations (FBI) and Immigration and 
Customs Enforcement (ICE). The Department of State reported 
that the U.S. Ambassador to Mexico sent a diplomatic note to 
the Mexican government regarding concern about the incursion 
and the increased violence along the Southwest border.
    On January 30, 2006, the Committee received a response from 
the Mexican Embassy to the Committee's letter in the form of a 
telephone call from the Ambassador's office. On February 7, 
2006, Committee Members received a briefing by the Ambassador 
of Mexico to the United States.
    Subcommittee Staff traveled to El Paso, Texas on February 2 
and 3, 2006 and were briefed by the U.S. Border Patrol, local 
sheriffs, the FBI and ICE on the events related to the January 
23, 2006 border incursion. Subcommittee Staff also toured the 
location of the incursion, where sheriff's deputies described 
the events. The FBI and ICE subsequently briefed Subcommittee 
Staff on the investigation of the incursion. On February 3, 
2006, the Chairman of the Subcommittee met with the U.S. Border 
Patrol, Texas Department of Public Safety, ICE, and the U.S 
Attorney's office and received a briefing on the events and 
their investigation. The Subcommittee received a State police 
video of the incursion and photographs taken at the scene.
    On February 7, 2006, the Subcommittee on Investigations 
held a hearing entitled ``Armed and Dangerous: Confronting the 
Problem of Border Incursions.'' The Subcommittee received 
testimony from Ms. Elizabeth Whitaker, Deputy Assistant 
Secretary, Bureau of Western, Hemisphere Affairs, Department of 
State; Mr. David Aguilar, Chief, U.S. Border Patrol, Department 
of Homeland Security; Sheriff Arvin West, Hudspeth County 
Sheriff's Department, Hudspeth County, State of Texas; Mr. Leo 
Samaniego, Vice Chair, Texas Border Sheriff's Coalition, 
Sheriff, El Paso County, State of Texas; Mr. Esequiel 
Legarreta, Deputy Sheriff, Hudspeth County, State of Texas; Mr. 
T.J. Bonner, President, National Border Patrol Council; and 
Hon. Silvestre Reyes, a Representative in Congress from the 
16th District, State of Texas. The hearing examined reports of 
incursions across the United States border by Mexican military 
and law enforcement personnel; trends in border incursion 
incidents; the present state of diplomatic relations between 
the United States and Mexico; and the challenges posed to 
Federal, State and local law enforcement in deterring, 
responding to, and investigating these crimes.

Criminal Activity and Violence Along the Southwest Border

    The border incursion investigation led the Subcommittee to 
initiate a more comprehensive study of the escalating criminal 
activity and violence taking place along the Southwest border. 
Subcommittee Staff met with numerous Federal, State and local 
law enforcement officials, county attorneys, and local 
residents and ranchers to gather facts relevant to this 
investigation. From May 31 through June 2, 2006, Subcommittee 
Staff traveled to New Mexico and met with the New Mexico 
National Guard and U.S. Border Patrol agents at the Deming, New 
Mexico border patrol station for briefings related to drug and 
human smuggling along the New Mexico border with the United 
Mexican States. Subcommittee Staff inspected newly constructed 
vehicle barriers and observed demonstrations of camera 
surveillance technology by the U.S. National Guard. From July 
18 through 21, 2006, Subcommittee Staff traveled to Arizona and 
met with local sheriffs and District Attorneys in Cochise and 
Maricopa Counties, the Border Patrol, and local ranchers to 
gather additional information relevant to the Southwest border 
investigation. Subcommittee Staff received briefings by Border 
Patrol, toured detention facilities, visited a check point, and 
toured the Nogales, Arizona border with the United Mexican 
States. Each law enforcement briefing emphasized the increasing 
violence used by smugglers against law enforcement personnel 
and the general public.
    On August 14 and 15, 2006, representatives from the 
Subcommittee attended the Third Annual Border Security 
Conference in El Paso, Texas to discuss regional, national and 
international border security cooperation. The Subcommittee 
Chairman was a featured speaker on the Border Strategies Panel.
    On August 16, 2006, the Subcommittee on Investigations held 
a field hearing in Houston, Texas entitled ``Criminal Activity 
and Violence Along the Southern Border.'' The Subcommittee 
received testimony from Mr. Steve McCraw, Homeland Security 
Director, Office of the Governor, State of Texas; Colonel 
Russell Malesky, Counter-Drug Commander, Texas National Guard; 
Mr. Alonzo Pena, Special-Agent-in-Charge, Immigration and 
Customs Enforcement, U.S. Department of Homeland Security; Mr. 
Rick Flores, Sheriff, Webb County, State of Texas; Mr. D'Wayne 
Jernigan, Sheriff, Val Verde County, State of Texas; Mr. Gordon 
Quan, Resident, Houston, Texas; Mr. T.J. Bonner, President, 
National Border Patrol Council; Mr. Robert Eckels, County 
Judge, Harris County, State of Texas; Major Michael O'Brien, 
Sheriff's Office, Harris County, State of Texas; Mr. John 
Moriarty, Inspector General, Department of Criminal Justice, 
State of Texas; Hon. Adrian Garcia, Member, Houston City 
Council, State of Texas; Mr. Harold Hurtt, Chief of Police, 
City of Houston, State of Texas; Mr. Steven Stone, State 
Trooper, Department of Public Safety, State of Texas; Mrs. 
Carrie Ruiz, Resident, Houston, Texas; Mr. Dennis Nixon, 
Chairman, International Bank of Commerce; and Mr. Jaime 
Esparza, District Attorney, El Paso County, State of Texas. 
This hearing examined several key issues, including: (1) the 
vulnerability of the Nation's porous borders to terrorist 
infiltration and weapons of mass destruction; (2) the resources 
required to effectively manage the ever-increasing flow of 
illegal aliens; (3) the viability of the Department of Homeland 
Security's ``catch and return'' policy; (4) the successes of 
the new Border Enforcement and Security Task Force; and (5) the 
societal costs of illegal immigration.
    From August 20 through 24, 2006, Subcommittee Staff 
traveled to Texas and met with local sheriffs; representatives 
of Immigration and Customs Enforcement, the Federal Bureau of 
Investigations, and Customs and Border Protection; and local 
ranchers to examine border security and criminal activity along 
the Southwest border. Subcommittee Staff was briefed by Federal 
law enforcement officials on the activities and brutal violence 
associated with Mexican drug cartels and other criminal 
networks. Subcommittee Staff was also briefed on special 
interest alien smuggling, working relationships between U.S. 
and Mexican Federal law enforcement and Federal law enforcement 
initiatives to reduce crimes rates. Moreover, local law 
enforcement officials from several counties of southern Texas 
briefed staff on the increased criminal activity and violence 
of drug and human smuggling.
    On October 17, 2006, the Subcommittee issued an interim 
report containing findings of its investigation into the 
criminal activity and violence along the Southwest border of 
the United States between Texas and Mexico. The report examined 
the roots of the criminal enterprise; its effects on the local 
populations; and the significance of these issues for the 
overall homeland security of the United States. The 
Subcommittee found that highly sophisticated and organized drug 
trafficking organizations and human smuggling networks are 
strengthening their control of key corridors along the 
Southwest border. The Subcommittee subsequently issued 
recommendations to ensure the existing resources of the U.S. 
Border Patrol and local law enforcement are utilized to counter 
the criminal networks that operate along the border and 
threaten our national security.

               FEDERAL EMERGENCY MANAGEMENT AGENCY REFORM

Emergency Preparedness and Response

    On March 21, 2006, Members and Staff of the Committee on 
Homeland Security conducted a site visit to the Gulf Coast of 
Louisiana and Mississippi where Members and Staff witnessed the 
devastation wrought by Hurricane Katrina. The Committee gained 
a better understanding of what went wrong in the aftermath of 
the hurricane and explored prospects for improved emergency 
preparedness and response. The visit included meetings with 
Louisiana and Mississippi National Guardsmen, relief charities, 
and State and local government officials. The Committee visited 
the levee system; met with the President of St. Bernard's 
Parish; conducted a coastal over flight of the affected area; 
and was briefed by State and local officials in Mississippi as 
to the challenges posed by the longer term recovery.
    From March 31 through April 10, 2006, Subcommittee Staff 
met with several State emergency management and homeland 
security officials, including Texas Homeland Security Director, 
Mr. Steve McCraw; Florida Emergency Management Director, Mr. 
Craig Fugate; and North Carolina Emergency Management Director, 
Mr. Doug Hoell, for a series of briefings on emergency 
preparedness and response procedures. Subcommittee Staff gained 
a better understanding of the preparedness and response 
capabilities needed on the part of Federal, State, and local 
governments to improve the Nation's response to catastrophic 
events, including acts of terrorism and natural disasters.
    Based on these investigative activities, the Subcommittee 
recommended several key Federal Emergency Management Agency 
(FEMA) reform provisions included in H.R. 5441 (P.L. 109-295), 
the ``Department of Homeland Security Appropriations Act of 
2007,'' including provisions to ensure greater communication 
and cooperation through enhancement of FEMA's existing regional 
office structure. For additional information on H.R. 5441 (P.L. 
109-295), see discussion under legislation above.

Waste Fraud and Abuse

    On June 14, 2006, the Subcommittee held an investigative 
hearing entitled ``Waste, Fraud and Abuse in the Aftermath of 
Hurricane Katrina.'' The Subcommittee received testimony from 
Mr. Gregory D. Kutz, Managing Director, Forensic Audits and 
Special Investigations, Government Accountability Office; Ms. 
Donna M. Daniels, Acting Deputy Director of Recovery, Federal 
Emergency Management Agency, Department of Homeland Security; 
and Mr. Joseph Becker, Senior Vice President for Preparedness 
and Response, the American National Red Cross.
    During the hearing, Members examined waste, fraud and abuse 
in the Federal disaster assistance programs administered by the 
Federal Emergency Management Agency (FEMA) in the aftermath of 
Hurricanes Katrina and Rita. Members reviewed: (1) controls to 
limit disaster assistance to qualified applicants only; (2) 
control of debit card use to prevent duplicate disaster 
assistance payments and improper usage; and (3) the existing 
potential for widespread waste, fraud, and abuse in the 
application for and receipt of expedited assistance and other 
Federal disaster assistance payments. This hearing highlighted 
significant deficiencies in FEMA's disaster assistance 
programs, including a lack of meaningful controls to detect or 
prevent fraud; insufficient verification of names, addresses or 
Social Security numbers for applicants of Federal disaster 
assistance; and limited inspection of damaged property. These 
deficiencies and lack of protection resulted in thousands of 
benefit checks issued to applicants with duplicate or false 
information.
    As a result of the Subcommittee's oversight activities, 
significant problems in the Expedited Assistance program were 
exposed. FEMA is in the process of implementing fraud 
prevention recommendations issued by the U.S. Government 
Accountability Office. Moreover, the Subcommittee recommended 
several key fraud provisions in FEMA reform legislation 
contained in H.R. 5441, the ``Department of Homeland Security 
Appropriations Act of 2007'' (P.L. 109-295). For additional 
information on H.R. 5441 (P.L. 109-295), see discussion under 
legislation above.

              Subcommittee on Investigations Hearings Held

    ``Armed and Dangerous: Confronting the Problem of Border 
Incursions.'' Hearing held February 7, 2006. Serial No. 109-60.
    ``Waste, Fraud, and Abuse in the Aftermath of Hurricane 
Katrina.'' Hearing held June 14, 2006. Serial No. 109-82.
    ``Criminal Activity and Violence along the Southern 
Border.'' Field hearing held in Houston, Texas, held August 16, 
2006. Serial No. 109-96.
  Committee on Homeland Security Oversight Plan for the 109th Congress

    Rule X. Clause 2(d) of the Rules of the House of 
Representatives for the 109th Congress requires each standing 
Committee in the first session of a Congress to adopt an 
oversight plan for the two- year period of the Congress and to 
submit the plan to the Committee on Government Reform and the 
Committee on House Administration.
    Rule XI. Clause 1(2)(d)(1) requires each Committee to 
submit to the House of Representatives not later than January 
2, of each odd-numbered year, a report on the activities of 
that committee under Rule X and Rule XI during the Congress 
ending on January 3 of such year. Clause 1(2)(d)(3) of Rule XI 
also requires that such report include a summary of the action 
taken and recommendations made with respect to each such plan; 
and a summary of any additional oversight activities undertaken 
by the Committee, and any recommendations made or actions taken 
thereon.
    Part A of this section contains the Committee on Homeland 
Security Oversight Plan for the 109th Congress which the Full 
Committee considered and adopted by a voice vote of February 9, 
2005, a quorum being present.
    Part B of this section contains a summary of the actions 
taken by the Committee on Homeland Security to implement the 
Oversight Plan for the 109th Congress and the recommendations 
made with respect to this plan. Part B also contains a summary 
of the additional oversight activities undertaken by the 
Committee, and the recommendations made or actions taken 
thereon.

         Part A--Committee on Homeland Security Oversight Plan

    Rule X. Clause 2(d) of the Rules of the House requires each 
standing Committee to adopt an oversight plan for the two-year 
period of the Congress and to submit the plan to the Committees 
on Government Reform and House Administration not later than 
February 15 of the first session of the Congress.
    This is the oversight plan of the Committee on Homeland 
Security for the 109th Congress. It includes the areas in which 
the Committee expects to conduct oversight during the 109th 
Congress, but does not preclude oversight or investigation of 
additional matters as the need arises.

       Prevention of Nuclear and Biological Terrorism Biodefense

    In the 109th Congress, the Committee will examine the 
continuing efforts of the Department of Homeland Security (DHS) 
to establish a biological terrorism threat assessment 
capability, and the relationship of such threat assessments to 
countermeasure research and development activities. In 
addition, the Committee will conduct oversight of the 
Department's activities as outlined in Homeland Security 
Presidential Directive (HSPD) 10 (``Biodefense for the 21st 
Century''). Specific areas of consideration will include the 
BioWatch Program, Project BioShield, and the National 
Biodefense Analysis and Countermeasures Center (NBACC), 
including its National Bioforensic Analysis Center. The 
Committee will examine the short and long-term effectiveness of 
these programs, as well as the overall coordination of the 
Federal government's biodefense initiatives, to include 
defenses against agro-terrorism and the safety of nation's food 
supply. The Committee also will conduct oversight of the Plum 
Island Animal Disease Center in the 109th Congress, 
particularly its integration into NBACC's biodefense enterprise 
and the Department's wider biodefense plans, and its support to 
the Department's ``One Face at the Border'' initiative.

                  NUCLEAR TERRORISM/NUCLEAR SMUGGLING

    In the 109th Congress, the Committee will conduct oversight 
of Department of Homeland Security (DHS) programs focused on 
assessing threats related to nuclear terrorism, including the 
development of threat certification, characterization, and 
source attribution techniques. The Committee will review the 
integration of such threat assessments with the development of 
detection capabilities and countermeasures, and the new nuclear 
forensic program being developed by the Department. The 
Committee will review the efforts of the Department's Science & 
Technology Directorate (S&T) to establish and operate a 
radiological countermeasures test bed (CMTB) to protect 
critical elements of our transportation system, and other 
efforts by the Department and other agencies of the Federal 
government to develop and deploy sensors to detect nuclear 
weapons that may be deployed against the United States. The 
Committee will monitor how performance results of specific 
detection technologies are evaluated and communicated to end 
users.
    In addition, during the 109th Congress, the Committee will 
examine the continuing efforts of the Department to refine 
risk-based methods for identifying and screening high-risk 
cargo entering the United States, and the development of non-
intrusive inspection technologies and capabilities for 
detecting and interdicting commerce in and transit of nuclear 
and biological weapons, components, and precursors. The 
Committee will review the domestic and international deployment 
and operation of radiation portal monitors at air, land, and 
seaports, and alternative approaches to tracking and monitoring 
cargo in transit.

                    R&D INVESTMENT AND COORDINATION

    In the 109th Congress, the Committee will review the 
Department of Homeland Security's efforts to strategically 
invest in those areas of basic research and development (R&D) 
that will enhance the long-term prevention mission of the 
Department, particularly with respect to biological and nuclear 
terrorism. The Committee also will examine the Department's 
efforts to carry out its statutory responsibilities for 
coordinating government-wide R&D in these areas, and the 
various roles and responsibilities of the Departments of 
Homeland Security, Defense and Health and Human Services.

                    COUNTER-PROLIFERATION ACTIVITIES

    In the 109th Congress, the Committee will review the 
efforts of the Department of Homeland Security relating to 
counter-proliferation of nuclear and biological weapons, 
materials, and precursors and the detection and assessment of 
chemical and radiological threats, including the coordination 
of such activities within the Department and with the related 
efforts of other Federal agencies.

 Economic Security, Infrastructure Protection, and Cybersecurity Port 
                         and Maritime Security

    In the 109th Congress, the Committee will examine various 
aspects of port security, including the security of port 
facilities; the screening of vessels, passengers, cargo, and 
crew for potential terrorists or instrumentalities of 
terrorism; the development of international security standards 
for shipping and containers; the development of secure 
identification cards for maritime employees; and the balance 
between ensuring security and the rapid movement of commerce. 
As part of this oversight, the Committee plans to review the 
efficiency and effectiveness of the Department's supply chain 
security programs, such as the Container Security Initiative 
(CSI), the Customs-Trade Partnership Against Terrorism (C-
TPAT), and Operation Safe Commerce (OSC); the implementation of 
the Maritime and Transportation Safety Act of 2002; and the 
relevant provisions of the Intelligence Reform and Terrorism 
Prevention Act of 2004.
    In the 109th Congress, the Committee will monitor the Coast 
Guard's efforts to enhance maritime domain awareness. The 
Committee intends to examine existing programs that contribute 
to achieving this enhanced awareness, as well as other ways to 
improve the overall Department of Homeland Security effort to 
understand and deal with threats in the maritime environment. 
As part of this effort, the Committee will review the Coast 
Guard's efforts to refine the Deepwater Program to more 
effectively account for the agency's prominent homeland 
security-related missions and functions.

                            TERRORIST TRAVEL

    In the 109th Congress, the Committee intends to conduct 
oversight of the implementation of the Terrorist Travel and 
Effective Screening subtitle of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (the Act). In particular, the 
Committee will review Federal government efforts to ensure the 
deployment and implementation of technology and training to 
assist border and consular officials in identifying, 
intercepting, and disrupting terrorists attempting to travel 
into and within the United States, through improved detection 
of fraudulent documents and terrorist travel techniques, 
patterns, and indicators. As part of this oversight, the 
Committee will review the training provided by the Federal Law 
Enforcement Training Center in these areas, and the relevant 
activities of the Department of Homeland Security's Forensic 
Document Laboratory.

                       BORDER SECURITY TECHNOLOGY

    The Intelligence Reform and Terrorism Prevention Act of 
2004 established an advanced technology pilot program along the 
northern border and mandated a comprehensive surveillance plan 
for the southwest border. Both plans emphasize the use of 
technology--particularly sensors, video, and unmanned aerial 
vehicles (or remotely piloted aircraft)--to enhance border 
security. In the 109th Congress, the Committee will monitor the 
Department of Homeland Security's efforts to implement these 
programs, and review other technologies that may be utilized to 
enhance the security of U.S. borders in a cost-effective 
manner. The Committee also will examine the relationship 
between the activities of the Department's Border and 
Transportation Security Directorate and the Science & 
Technology Directorate in this regard.

                        BORDER SCREENING SYSTEMS

    The US-VISIT Program--United States Visitor and Immigrant 
Status Indicator Technology--is a complex, multi-year project 
designed to manage the pre-entry, entry, and exit of foreign 
nationals who travel to the United States. During the 109th 
Congress, the Committee will examine the progress of the US-
VISIT program and future implementation deadlines; the 
relationship of the State Department in visa applications and 
its progress in equipping consular offices with machines to 
capture biometrics; the integration, security, and reliability 
of criminal, immigration, and terrorist databases used by the 
program; the potential benefits and challenges of various 
biometric technologies; the impact of the program on cross-
border travel at ports of entry; the ability of the Department 
of Homeland Security (DHS) to use overstay reports generated by 
the program for enforcement purposes; and the integration of 
the US-VISIT program with other expedited inspection programs 
into a single system for speeding qualified travelers, as 
recommended by the 9/11 Commission. Within this context, the 
Committee also will assess DHS progress with respect to the 
integration and effectiveness of transportation and border 
security screening systems for passengers and cargo transported 
within the United States and across our borders. The Committee 
also will examine the existing state of infrastructure at our 
nation's ports of entry and assess improvements that may be 
required to enhance implementation of new border security 
programs.

                  DETENTION AND REMOVAL OF TERRORISTS

    In the 109th Congress, the Committee will review the 
efforts of the Department of Homeland Security to detain, 
monitor, and remove aliens subject to deportation, particularly 
those from countries of terrorist concern and who were 
apprehended at U.S. borders and ports of entry. The Committee 
specifically will focus on how the Department prioritizes 
available bed space to ensure that high-risk aliens are not 
released into the United States pending deportation 
proceedings, as well as the Department's policies and practices 
with respect to the actual detention of aliens in such 
facilities.

             NATIONAL STRATEGY FOR TRANSPORTATION SECURITY

    During the 109th Congress, the Committee will examine the 
Department of Homeland Security's (DHS) progress in developing 
a risk-based National Strategy for Transportation Security, as 
required by section 4001 of the Intelligence Reform and 
Terrorism Prevention Act of 2004. In particular, the Committee 
will examine the Department's efforts to develop sensible, 
cost-effective strategies for dealing with terrorist threats in 
these complex and varied environments, including with respect 
the transportation of hazardous materials (HAZMAT). The 
Committee also will review the potential efficacy and cost of 
current and proposed practices to protect the mass transit 
industry's passengers and infrastructure from terrorist attack, 
including hardening of facilities, the use of biological, 
chemical and radiological sensors, passenger screening, and 
other methods to prevent or mitigate a terrorist attack. 
Oversight in this area will include the appropriate 
distribution and use of DHS transportation security grants.

                    PASSENGER AND BAGGAGE SCREENING

    During the 109th Congress, the Committee expects to review 
the Transportation Security Administration's (TSA) progress in 
developing and deploying advanced passenger, baggage screening 
technologies, including the cost-effectiveness and accuracy of 
such technologies and their impact on passenger and baggage 
throughput at airport checkpoints. The Committee also will 
review TSA's efforts to establish sensible and appropriate 
passenger search policies and practices, and to develop a new 
passenger pre-screening program to improve the use of no-fly 
and selectee lists, including the development of related 
privacy protections and passenger redress processes, and 
coordination with U.S. Customs and Border Protection on the 
screening of international air travelers. As part of this 
oversight, the Committee will examine TSA's current and 
anticipated staffing needs and current plans to permit airports 
to ``opt-out'' of the use of Federal screeners and to authorize 
the use of private screeners subject to Federal supervision and 
oversight.

                    OTHER AVIATION SECURITY MATTERS

    In the 109th Congress, the Committee will examine the risks 
and consequences of different types of terrorist attacks on or 
utilizing aircraft, and the development of appropriate and 
cost-effective security measures, to include supply-chain 
security programs such as ``Known Shipper'' and related 
efforts, to reduce or mitigate such risks. As part of this 
oversight, the Committee expects to review efforts by the 
Transportation Security Administration (TSA) relating to air 
cargo security, general aviation aircraft, and countering Man 
Portable Air Defense Systems (MANPADS). The Committee also will 
review airport perimeter and access control procedures, as well 
as related technology (including the Transportation Worker 
Identification Credential and the Secure Identification Display 
Area credential), to assess the effectiveness of TSA 
requirements for limiting access to the secure areas of 
commercial and general aviation airports. In addition, the 
Committee will conduct oversight relating to the flight 
planning and training practices of the Federal Air Marshals 
Service, and the effectiveness of the Federal Flight Deck 
Officer Program in protecting commercial aircraft from hostile 
takeover.

                           AIRSPACE SECURITY

    During the 109th Congress, the Committee will review 
efforts of the Department of Homeland Security's Office of Air 
and Marine Operations (AMO) to carry out its responsibilities 
to interdict any airspace incursions into the restricted zone 
of the National Capital Region (NCR), as well as its 
responsibilities at the Air and Marine Operations Center (AMOC) 
located in Riverside CA with respect to detecting air assets 
crossing U.S. borders. The Committee's oversight in this area 
also will include the roles and responsibilities of each of the 
Federal agencies involved (including Department of Defense 
assets such as the U.S. Northern Command, the North American 
Aerospace Defense Command, and the Air National Guard) in and 
responsible for interdiction, identification, and investigation 
of aircraft that violate airspace restrictions within the 
United States.

                   CRITICAL INFRASTRUCTURE PROTECTION

    Under Homeland Security Presidential Directive 7 (HSPD-7), 
the Department of Homeland Security (DHS) is responsible for 
integrating sector-specific strategies into a National Strategy 
for Critical Infrastructure Protection, and for coordinating 
Federal efforts across all such infrastructure sectors. During 
the 109th Congress, Committee oversight will focus on the 
implementation of this National Strategy for Critical 
Infrastructure Protection, including the Department's national 
coordination responsibilities and its sector-specific critical 
infrastructure protection responsibilities under applicable 
laws and Presidential directives. The Committee also will 
oversee efforts by the Department to compile, maintain, and 
prioritize a National Asset Database, including the 
coordination of such efforts with State and local officials and 
the private sector. The Committee also will examine the 
coordination of efforts between the Department of Homeland 
Security, the Department of Defense, and States with respect to 
the deployment of National Guard units to assist with critical 
infrastructure protection activities.
    In addition, the Committee will review the Department's 
progress in identifying, prioritizing, recommending, and, as 
applicable, implementing protective measures to reduce 
vulnerabilities for critical infrastructure and key resources, 
including its administration of programs to promote private 
sector sharing of critical infrastructure threat and 
vulnerability-related information, and its administration of 
systems and programs to provide timely warnings of potential 
risks to critical infrastructure. The Committee also will 
evaluate the Protective Security Division's efforts to expand 
the site visit and buffer zone protection programs for critical 
assets.

                             CYBERSECURITY

    In creating the Department of Homeland Security (DHS), 
Congress brought together for the first time under a single 
organization numerous elements of the Federal government 
devoted to cybersecurity and protecting the critical 
information infrastructure. In the 109th Congress, the 
Committee will examine the Department's continuing efforts to 
develop a comprehensive program to fully implement the National 
Strategy to Secure Cyberspace. The Committee will focus on 
enhancing accountability and leadership to improve integration 
of the cybersecurity mission within the Department, and 
coordination of cybersecurity best practices, risk assessments 
and warnings across all levels of government and the private 
sector. The Committee also will review DHS' cyber-related 
remediation activities, including plans for recovery in the 
event of a coordinated terrorist attack, and the Department's 
efforts to coordinate with the private sector to develop 
innovative mechanisms for information sharing on cybersecurity 
threats, vulnerabilities and solutions. Finally, the Committee 
will examine the Department's efforts to support research and 
development and educational activities to improve cybersecurity 
products and services that keep pace with changes in risk and 
with advances in technology.

    Intelligence, Information Sharing, and Terrorism Risk Assessment


                  DHS' OFFICE OF INFORMATION ANALYSIS

    During the 109th Congress, the Committee will review 
efforts to build the intelligence, analytical, and assessment 
capabilities of the Department of Homeland Security (DHS) 
Office of Information Analysis (IA), and to ensure its full 
participation in the Intelligence Community in furtherance of 
its homeland security mission. The Committee will examine 
whether IA is receiving all relevant intelligence and law 
enforcement information from other Federal agencies on a timely 
basis; whether the Secretary of Homeland Security is 
appropriately involved in the prioritization of the Federal 
government's intelligence collection requirements for homeland 
security purposes; and the Department's role in managing, 
distributing, and otherwise using terrorist threat information 
in furtherance of its homeland security mission. The Committee 
also will monitor the Department's efforts to fill its numerous 
personnel vacancies in IA, develop analysts with appropriate 
skills, and establish training programs and enhanced career 
tracks for DHS analysts. As part of this oversight, the 
Committee will examine issues relating to personnel hiring 
flexibility, competition from other Federal employers, and the 
efficiency and length of the security clearance process.
    In addition, during the 109th Congress, the Committee will 
explore IA's interaction with the new National Counterterrorism 
Center (NCTC), and how the NCTC's development affects IA's 
ability to carry out its statutory mandates to assess terrorist 
threats against the United States and to coordinate the 
dissemination of such threat information among Federal, State 
and local governments and the private sector.

        DHS' INTELLIGENCE AND INFORMATION COLLECTION ACTIVITIES

    In the 109th Congress, the Committee will examine the 
Department of Homeland Security's information collection 
efforts to ensure that they contribute materially to the 
Department's overall homeland security/counterterrorism 
mission. In particular, the Committee will oversee the efforts 
of the Department's Information Analysis and Infrastructure 
Protection Directorate to coordinate and integrate the 
activities of the various intelligence and analytic units and 
offices throughout the Department, and to ensure that national-
level terrorist threat intelligence is being disseminated to 
the operational entities in the Department that need it to 
carry out their homeland security missions. As part of this 
oversight, the Committee will examine the effectiveness with 
which the Department's intelligence and threat assessments are 
utilized in carrying out Department-wide initiatives to 
understand and assess critical infrastructure vulnerabilities 
and to conduct national risk assessments. This oversight also 
will include a review of the Department's plans to make better 
use of Open Source Information, as recommended in the 9/11 
Commission Report and the Intelligence Reform and Terrorism 
Prevention Act of 2004.

                          INFORMATION SHARING

    The Homeland Security Act of 2002, and a subsequent 
Memorandum of Understanding on Information Sharing entered into 
by the Attorney General, Director of Central Intelligence, and 
Secretary of Homeland Security, mandated routine sharing of 
homeland security-related information between and among 
Federal, State and local officials, in order to assess the 
nature and scope of terrorist threats to the United States and 
to evaluate and act on that information in light of U.S. 
vulnerabilities. During the 109th Congress, the Committee will 
examine ways to further improve information sharing among 
Federal, State and local governments, law enforcement entities, 
first responders, and emergency management personnel. As part 
of this effort, the Committee will examine the deployment and 
operations of the Homeland Security Information Network (HSIN), 
including the integration of HSIN with other information 
sharing systems such as RISS.Net (the Regional Information 
Sharing System Network) and the FBI's LEO (Law Enforcement 
Online). The Committee also will examine the development and 
implementation of the information sharing environment mandated 
under the Intelligence Reform and Terrorism Prevention Act of 
2004, and whether the Department is meeting the terrorism 
threat-related information requirements of State, local, and 
private sector officials in a timely and responsive manner. In 
addition, the Committee will examine the issue of unclassified 
information designations by DHS and other Federal agencies, 
such as ``Sensitive Security Information,'' and any impact such 
designations may have on the ability of the Department or other 
Federal agencies to share information among Federal, state, 
local, and private sector partners.

                  THREAT COMMUNICATIONS AND ADVISORIES

    Under the Homeland Security Act of 2002, and the subsequent 
Memorandum of Understanding on Information Sharing described 
above, the Department of Homeland Security is given primary 
responsibility for the issuance and coordination of Federal 
threat advisories and recommended protective actions with 
respect to potential acts of terrorism within the United 
States. In the 109th Congress, the Committee intends to review 
the Department's policies and procedures with respect to 
issuing threat and warning advisories, including the Homeland 
Security Advisory System, to ensure that they convey 
information in a timely and relevant manner to Federal, State, 
and local government officials and other entities. The 
Committee also will review the level of coordination between 
the Department and the Federal Bureau of Investigation (FBI) 
with respect to issuing terrorism threat advisories and 
warnings, as well as the role of the Northern Command's 
Domestic Warning Center with respect to tracking potential 
threats to the United States.

   INTELLIGENCE-DRIVEN EFFORTS TO COUNTER TERRORISM-RELATED SMUGGLING

    During the 109th Congress, the Committee will examine the 
operations and progress of the Terrorist Screening Center, the 
Human Smuggling and Trafficking Center, and other cooperative 
efforts to prevent and interdict terrorist travel, including 
the Department of Homeland Security's interaction with and 
participation in such entities and efforts. In addition, the 
Committee will review the Department's intelligence-driven 
efforts to prevent and interdict terrorist travel and the 
smuggling of illicit terrorism-related materials, including the 
expansion of its ability to analyze terrorist techniques, 
patterns, indicators, and trends, and to share such information 
in a timely manner to enable front-line Department personnel to 
identify, intercept, and disrupt terrorists attempting to 
travel into and within the United States.

                THE HOMELAND SECURITY OPERATIONS CENTER

    The Department of Homeland Security's Homeland Security 
Operations Center (HSOC) serves as the national nerve center 
for information sharing and domestic incident management, by 
increasing the vertical coordination between Federal, State, 
and local government and private sector partners. In the 109th 
Congress, the Committee will oversee the Department's efforts 
to collect and fuse information in the HSOC in order to 
maintain domestic situational awareness, and to carry out its 
role as the primary national-level center during domestic 
incidents and special events.

    BORDER AND TRANSPORTATION COUNTER-TERRORISM INFORMATION SHARING

    The multiple operational components of the Border and 
Transportation Security Directorate of the Department of 
Homeland Security collect and/or utilize intelligence and other 
analytical tools daily to target certain suspicious persons and 
cargo, and for effective resource allocation. In addition, the 
United States Coast Guard, which is part of the Department of 
Homeland Security, maintains a robust intelligence capability 
in order to screen vessels and interdict persons attempting to 
unlawfully enter the United States. In the 109th Congress, the 
Committee plans to examine the extent to which these 
Departmental programs and components are sharing and receiving 
all appropriate information with and from each other, 
particularly with respect to field components, and how such 
information is being utilized to improve operations and 
resource allocation.

            Emergency Preparedness, Science, and Technology


              COORDINATION OF FEDERAL PREPAREDNESS EFFORTS

    The Intelligence Reform and Terrorism Prevention Act of 
2004 requires the Secretary of Homeland Security to ensure 
effective coordination of the Department's efforts to prevent, 
prepare for, respond to, and recover from acts of terrorism and 
other major emergencies. In the 109th Congress, the Committee 
will oversee the Department's progress in ensuring such 
coordination among the divisions of the Department, including 
the Emergency Preparedness and Response Directorate and the 
Office for State and Local Government Coordination and 
Preparedness. The Committee also will examine the efficacy of 
the Department's current organizational structure as it relates 
to preparedness issues. In addition, the Committee will examine 
the role of the U.S. Secret Service in planning, coordinating, 
and carrying out security measures at National Special Security 
Events.

FEDERAL HOMELAND SECURITY ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND 
                            FIRST RESPONDERS

    In the 109th Congress, the Committee will examine the 
Department of Homeland Security's allocation and administration 
of grants to State and local governments for terrorism 
preparedness efforts. In particular, the Committee will review 
the coordination and, where appropriate, consolidation of such 
grant programs within the Department and across the Federal 
government; the bottlenecks in the funding pipeline; the 
distribution and spending of such grants at the State and local 
levels; and the efficacy of Federal homeland security 
assistance generally.

               NATIONAL RESPONSE PLAN/INCIDENT MANAGEMENT

    The National Response Plan (NRP) provides the structure and 
mechanisms for the coordination of Federal emergency support to 
State, territorial, local, and tribal governments, and for 
implementing direct Federal authority. In the 109th Congress, 
the Committee will oversee the Department of Homeland 
Security's implementation of the recently-issued final National 
Response Plan, including the Department's role in coordinating 
the response obligations of all applicable Federal departments 
and agencies (including the Department of Defense's weapons of 
mass destruction civil support teams), and the NRP's effects on 
State and local governments, first responders, and the private 
sector. As part of this oversight, the Committee will also 
review current preparedness and response plans of Federal, 
State, and local officials in the event of a terrorist attack 
involving hazardous materials transportation.
    In addition, during the 109th Congress, the Committee will 
oversee the Department's implementation of the National 
Incident Management System (NIMS), including the efforts of the 
NIMS Integration Center to provide strategic direction and 
coordination of NIMS at the Federal level. The Committee will 
review the Department's plans for providing guidance and 
training to assist Federal, State, and local governments in 
adopting NIMS, for utilizing NIMS to improve incident-related 
coordination of multiple agencies and jurisdictions, and for 
integrating NIMS with the National Response Plan.

                       NATIONAL PREPAREDNESS GOAL

    Under Homeland Security Presidential Directive 8 (HSPD-8), 
the Department of Homeland Security is required to develop in 
2005 a National Preparedness Goal, to guide effective, 
efficient, and timely delivery of Federal assistance to ensure 
that first responders are prepared to respond to acts of 
terrorism and other major emergencies. In the 109th Congress, 
the Committee will monitor the Department's progress in 
establishing the National Preparedness Goal, including the 
development of readiness priorities on the basis of risk and 
metrics to measure improvements in the Nation's ability to 
prevent, prepare for, and respond to terrorist attacks.

                        FIRST RESPONDER TRAINING

    During the 109th Congress, the Committee will review 
several issues relating to the efficacy of Federal terrorism 
preparedness training, including redundancy or duplication in 
Federal training programs offered by multiple Federal agencies, 
incorporation of such training into first responder 
certification processes, and the level of coordination between 
Federal, State, and local training programs. The Committee 
intends to review the Department of Homeland Security's current 
training programs and monitor its development of a 
comprehensive, national training program for first responders. 
The Committee will review the extent of State and local 
government utilization and awareness of these programs, the 
compatibility of the Department's programs with existing 
training requirements and certifications for first responders, 
and whether the Department is effectively utilizing existing 
training infrastructures at the State and local levels to make 
such Federal training more widely available and accessible.

                       EXERCISES AND SIMULATIONS

    The Homeland Security Act of 2002 directs the Office for 
Domestic Preparedness (ODP) within the Department of Homeland 
Security (DHS) to coordinate all terrorism preparedness 
exercises at the Federal level and to conduct such exercises in 
collaboration with State and local governments, the private 
sector, and first responders. In addition, in Homeland Security 
Presidential Directive 8, the President directed DHS to create 
a national program and multi-year planning system to conduct 
terrorism preparedness-related exercises. During the 109th 
Congress, the Committee will review DHS' progress in 
establishing a National Exercise Program, and will evaluate the 
extent to which this program enhances our Nation's 
preparedness. The Committee also will review the execution of 
TOPOFF III, a national terrorism exercise to be conducted in 
early 2005.

                      INTEROPERABLE COMMUNICATIONS

    In the 109th Congress, the Committee plans to oversee the 
Department of Homeland Security's implementation of the new 
public safety interoperable communications provisions contained 
in the Intelligence Reform and Terrorism Prevention Act of 
2004. Specifically, the Committee will oversee the newly-
established Office for Interoperability and Compatibility and 
monitor how it enhances coordination and planning, provides 
technical assistance, and disseminates best practices for 
interoperable communications systems for first responders. The 
Committee also will oversee the Department's implementation of 
new authority to provide multi-year funding commitments to 
grant recipients for interoperable communications purposes, and 
its efforts to provide technical guidance to assist urban and 
other high-risk areas in rapidly establishing interoperable 
communications systems. In addition, the Committee will 
continue to monitor the progress of Project SAFECOM, with 
particular emphasis on its role in coordinating the 
communications capabilities of Federal agencies, establishing 
communications standards, and providing grant guidance, 
technical assistance, and training.

                           EMERGENCY WARNINGS

    In the 109th Congress, the Committee will monitor the 
implementation and progress of two terrorism emergency warning 
communication pilot programs authorized under the Intelligence 
Reform and Terrorism Prevention Act of 2004--one relating to 
telephonic warnings, and the other involving the utilization of 
the AMBER Alert web portal. The Committee also will examine the 
Federal government's efforts to provide prompt and useful 
alerts and warning information to those persons at risk; to 
ensure interoperability among different warning systems; to 
provide for security and uniform standards and protocols for 
the use of warning systems; and to develop meaningful metrics 
to assess the effectiveness of such systems.

              S&T DIRECTORATE MANAGEMENT AND COORDINATION

    In the 109th Congress, the Committee will conduct oversight 
of the management of the Department of Homeland Security's 
Science & Technology Directorate, particularly the 
Directorate's coordination of homeland security-related 
research and development (R&D) within the Department and the 
adequacy of mission support provided by the Directorate to 
operational elements of the Department. The Committee also will 
examine the Directorate's partnership with key Federal 
departments, including the Departments of Energy, Defense, and 
Health and Human Resources. In particular, the Committee will 
review how well the Directorate is utilizing the National 
Laboratories of the Department of Energy, and the effectiveness 
of recent changes made regarding National Laboratory 
participation in Directorate activities. The Committee also 
will examine the framework under which the Directorate enters 
into bi-national R&D efforts and develops relationships with 
other private and academic entities.

           TECHNOLOGY CLEARING HOUSE AND TECHNOLOGY TRANSFER

    In the 109th Congress, the Committee will review the 
efforts of the Science & Technology Directorate within the 
Department of Homeland Security to establish, as required by 
Section 313 of the Homeland Security Act of 2002, a centralized 
``clearing house'' for information related to technologies that 
would further the mission of the Department and its end users. 
The Committee will examine ways to improve the Directorate's 
current efforts in this area, and to better leverage the 
technology solutions and technical capabilities of the private 
sector in meeting our Nation's homeland security challenges. As 
part of this oversight, the Committee will review the 
activities of the Department relating to evaluation, testing, 
and certification of private sector homeland security 
technologies. The Committee also will evaluate progress with 
respect to the timely and efficient transfer and 
commercialization of existing technologies (including 
modification of military technologies) for use by Federal, 
State, and local governments and first responders to prevent, 
prepare for, or respond to terrorist attacks.

           S&T FELLOWSHIP PROGRAM AND CENTERS FOR EXCELLENCE

    During the 109th Congress, the Committee will review the 
Department of Homeland Security's (DHS) efforts to attract the 
Nation's most talented scientists and build partnerships with 
the academic community through its Homeland Security Centers of 
Excellence and its Scholars and Fellows program. The Committee 
will review how the Department determines to which issue areas 
Centers are dedicated, and will evaluate how well the Centers 
fulfill their assignments and enhance the Department's mission. 
The Committee also will examine how Fellowship funds are 
allotted and the effect of the program on the recruitment of 
new scientific talent to DHS.

                    THE HOMELAND SECURITY INSTITUTE

    The Homeland Security Institute (the Institute), created 
under the Homeland Security Act of 2002 and sponsored by the 
Department of Homeland Security (DHS), is a Federally-funded 
research and development center (FFRDC) that produces strategic 
analysis for the science and technology (S&T) mission of DHS. 
In the 109th Congress, the Committee will examine the 
utilization and tasking of the Institute by the Department's 
S&T Directorate, and the Institute's efforts to provide 
strategic direction and build the scientific capabilities 
necessary to support the DHS S&T mission.

                 Management, Integration, and Oversight


                    STRATEGIC PLANNING AND EXECUTION

    During the 109th Congress, the Committee will assess the 
progress of the Department of Homeland Security in meeting the 
major management and integration challenges facing the 
Department, particularly with respect to strategic planning, 
the development of a Future Year Homeland Security Program, and 
the establishment of performance-based metrics to measure 
progress towards critical homeland security goals.

  INTEGRATION AND COORDINATION OF BORDER AND TRANSPORTATION SECURITY 
                               FUNCTIONS

    The Homeland Security Act of 2002 transferred 22 separate 
agencies into the Department of Homeland Security (DHS), 
several of which carry out critical activities relating to 
securing U.S. borders against the entry of terrorists and 
instrumentalities of terrorism--including the U.S. Coast Guard, 
the Transportation Security Administration, the former U.S. 
Customs Service, the former Immigration and Naturalization 
Service, and the Animal and Plant Health Inspection Service. 
During the 109th Congress, the Committee will conduct oversight 
of the effectiveness of DHS efforts to integrate and coordinate 
the air, land, and maritime security activities of these 
numerous legacy entities, both nationally and internationally 
and particularly with respect to management and budgeting, 
sufficiency of resources, operational deployment of assets, 
asset modernization plans, maintenance and repair capabilities, 
interoperability of communication systems, and screening of 
cargo, vessels, crews, and passengers. The Committee also will 
conduct oversight of the ``One Face at the Border'' initiative, 
which merged the primary border inspection activities relating 
to customs, immigration, and animal and plant diseases into a 
single program. As part of this oversight, the Committee will 
examine the effectiveness of this merger, and in particular, 
whether the combined training program for such inspectors 
provides them with the ability to effectively evaluate 
terrorist threats, identify terrorist indicators, screen cargo 
and individuals, enforce customs and immigration laws and 
rules, and appropriately inspect food and agricultural imports.

            ACQUISITION AUTHORITIES AND CONTRACTS MANAGEMENT

    During the 109th Congress, the Committee will review the 
efforts of the Department of Homeland Security (DHS) to improve 
the integration and coordination of the procurement functions 
of its major legacy components, and to ensure that effective 
management controls are put in place to prevent contract waste, 
fraud and abuse. The Committee will review the authorities and 
activities of the Chief Procurement Officer to ensure the 
effective management of this key function. The Committee also 
will review the Department's implementation of Section 831(a) 
of the Homeland Security Act of 2002, which grants the 
Secretary authority with respect to research and development 
projects to use more flexible contracting mechanisms in an 
effort to attract ``nontraditional government contractors'' for 
needed homeland security technologies, as well as Section 833, 
which gives the Secretary authority to use special 
``streamlined'' acquisition authority in certain circumstances.

                          FINANCIAL MANAGEMENT

    During the 109th Congress, the Committee will review the 
efforts of the Department of Homeland Security (DHS) to address 
financial management challenges, including with respect to 
internal controls and the integration of numerous legacy 
financial management systems. As part of this effort, the 
Committee will review DHS efforts to implement a financial 
enterprise solution to consolidate and integrate its financial 
accounting and reporting systems, known as the Electronically 
Managing Enterprise Resources for Government Effectiveness and 
Efficiency project (Emerge2).

                        HUMAN CAPITAL MANAGEMENT

    In February 2004, the Department of Homeland Security 
proposed new regulations for human resource management, in 
accordance with Section 841 of the Homeland Security Act of 
2002, to create a more flexible and competitive personnel 
system for Department employees. During the 109th Congress, the 
Committee will monitor the Department's efforts to finalize 
these regulations and begin implementation of the new system, 
particularly with respect to the training of Department 
managers and employees.

               INFORMATION TECHNOLOGY SYSTEMS MANAGEMENT

    During the 109th Congress, the Committee will review the 
efforts of the Department of Homeland Security (DHS) to address 
information technology (IT) challenges, particularly with 
respect to standardizing and integrating legacy agency systems, 
environments, and management approaches in a way that enhances 
new, critical homeland security missions. The Committee will 
review the authorities and activities of the Chief Information 
Officer to ensure the effective management of this key 
function. The Committee also will monitor the Department's 
progress in IT architectural planning, investment management, 
policy development, operations, and relate personnel 
management.

                 PRIVACY AND CIVIL LIBERTIES PROTECTION

    Section 222 of the Homeland Security Act of 2002 (the Act) 
created a Privacy Officer for the Department of Homeland 
Security (DHS), in order to ensure that DHS' information 
gathering and analysis functions, across its many directorates 
and offices, adhere to established standards for protection of 
personal privacy. Section 705 of the Act also established an 
Officer for Civil Rights and Civil Liberties to review and 
assess information alleging abuses of civil rights or civil 
liberties by employees and officials of the Department, and the 
recently enacted Intelligence Reform and Prevention Act of 2004 
required the Department's Inspector General to designate a 
senior staff member to handle similar issues and work with the 
Officer for Civil Rights and Civil Liberties on such matters. 
During the 109th Congress, the Committee will monitor the 
Department's efforts under such laws to strike an appropriate 
balance between the needs of the Federal government to collect, 
use, and distribute information relating to potential terrorist 
attacks against the United States with the privacy expectations 
and civil rights of U.S. citizens.

                       SAFETY ACT IMPLEMENTATION

    The Support Anti-terrorism by Fostering Effective 
Technologies Act of 2002 (the SAFETY Act) was included as 
Subtitle G of the Homeland Security Act of 2002, and gave the 
Secretary of the Department of Homeland Security (DHS) the 
authority to designate, upon application, certain anti-
terrorism technologies as qualified to participate in the 
Federal liability management program set forth therein. In the 
109th Congress, the Committee will review DHS' promulgation and 
implementation of regulations under such authority, as well as 
the efforts of the DHS SAFETY Act Office to coordinate such 
designation with operational components of the Department and 
with other Federal, State, and local government agencies.
Part B--Implementation of the Committee on Homeland Security Oversight 
                      Plan for the 109th Congress

    Part B of this section contains a summary of the actions 
taken by the Committee on Homeland Security to implement the 
Oversight Plan for the 109th Congress and the recommendations 
made with respect to this plan. Part B also contains a summary 
of the additional oversight activities undertaken by the 
Committee, and the recommendations made or actions taken 
thereon.

             Prevention of Nuclear and Biological Terrorism

                               BIODEFENSE

    On July 28, 2005, the Subcommittee held a hearing entitled 
``Implementing the National Biodefense Strategy.'' This hearing 
examined the national biodefense strategy as articulated by 
HSPD 10--National Biodefense for the 21st Century and examined 
efforts underway to prevent a bioterrorist attack efforts with 
an emphasis on collaboration for the research and development 
of biological agent countermeasures by the relevant agencies 
(the Departments of Homeland Security, Defense, and Health and 
Human Services), to collaboratively carry out the strategy of 
HSPD 10.
    On September 15, 2005, the Subcommittee held a briefing 
entitled ``Biological Weapons Threat Assessment.'' 
Representatives from the Department of Homeland Security and 
Harvard Medical School, and Massachusetts General Hospital 
briefed Members on the Department of Homeland Security's (DHS) 
material threat assessment (MTA) process to guide BioShield 
acquisition. Due to dual use technology and the dispersed 
scientific knowledge and capabilities the bio-threat pose 
unique challenges. This briefing addressed the current state of 
bio-weapons risk assessment that will include intent, agent, 
technology and expertise.
    On May 11, 2006, the Subcommittee held a hearing entitled 
``Creating a Nation-wide, Integrated Biosurveillance Network.'' 
This hearing discussed the status of the implementation of 
Federal biosurveillance programs, and in particular, the 
National Biosurveillance Integration System (NBIS).
    On September 7, 2006, the Subcommittee held a classified 
Member-only briefing on the establishment of the Department of 
Homeland Security's National Biodefense Analysis and 
Countermeasures Center (NBACC), part of the National Biodefense 
Campus at Ft. Detrick. The briefing examined the role of the 
NBACC in the Nation's biodefense strategy, the status its 
development and construction, the plan for transitioning its 
current programs to the new location once it is fully 
operational.

                  NUCLEAR TERRORISM/NUCLEAR SMUGGLING

    On March 15, 2005, the Subcommittee held a hearing entitled 
``Nuclear Terrorism: Protecting the Homeland.'' This hearing 
focused on the threat of nuclear terrorism, current efforts to 
prevent terrorists from gaining access to or using a nuclear 
device in the United States. Witnesses from National Nuclear 
Security Administration, Department of Defense, Federal Bureau 
of Investigations, and Department of Homeland Security 
discussed the level of coordination existing between non-
proliferation and detection programs across the Executive 
branch. Prior to this hearing personnel from the entities 
represented at the hearing provided a classified briefing on 
the same topic to Subcommittee Members.
    On April 19, and 20, 2005, the Subcommittee held a hearing 
entitled ``DHS Coordination of Nuclear Detection Efforts.'' 
This hearing reviewed the President's request to create a 
Domestic Nuclear Detection Office (DNDO) within the Department 
of Homeland Security and explored the appropriate structure, 
role and responsibilities of DNDO, particularly with regard to 
its relationships with other federal entities with nuclear 
prevention missions.
    On June 21, 2005, the Subcommittee on Prevention of Nuclear 
and Biological Attack in conjunction with the Subcommittee on 
Emergency Preparedness, Science, and Technology held a joint 
hearing entitled ``Detecting Nuclear Weapons and Radiological 
Materials: How Effective Is Available Technology?'' Witnesses 
discussed the roles of the Federal entities with nuclear 
smuggling prevention missions and the effectiveness of 
installed radiation detection portal monitors and other 
detection technologies, and addressed ongoing research and 
development efforts to test and evaluate next generation 
detection technologies.
    On August 1, 2005, the Chairman of the Subcommittee issued 
a request to the Governmental Accountability Office (GAO) to 
examine the development and deployment of radiation portal 
monitors to assess the effectiveness of current and planned 
detection systems. On August 29, 2005, GAO agreed to examine 
the issue. In a letter to the Subcommittee Chairman and Ranking 
Member dated June 9, 2006, GAO again agreed to further examine 
this issue by reviewing radiation detection equipment.
    On September 22, 2005, the Subcommittee held a hearing 
entitled ``Trends in Illicit Movement of Nuclear Materials.'' 
Witnesses discussed known cases of nuclear smuggling and 
focused on how terrorists might exploit existing narcotics 
networks and criminal organizations to transport nuclear 
material or a nuclear explosive device internationally and 
ultimately to the United States.
    On May 25, 2006, the Subcommittee held a hearing entitled 
``Enlisting Foreign Cooperation in U.S. Efforts to Prevent 
Nuclear Smuggling.'' Representatives from the Department of 
Homeland Security, the Department of Energy, and the Department 
of State discussed their respective experiences in implementing 
bilateral programs to counter nuclear smuggling. The hearing 
examined and compared the terms of the agreements reached, as 
well as implementation successes and setbacks, in order to 
determine how to best encourage foreign participation, monitor 
implementation and ensure program success.

                    R&D INVESTMENT AND COORDINATION

    On January 23 and 24, 2006, Members of the Subcommittee 
conducted a site visit of the Department of Homeland Security's 
Radiological/Nuclear Countermeasures Test and Evaluation 
Complex in Las Vegas, Nevada. In order to support its function 
as the coordinator of the domestic nuclear detection 
architecture, the Domestic Nuclear Detection Office conducts 
research, development, testing and evaluation (RDT&E) to 
improve capabilities for detecting, identifying and reporting 
the movement of nuclear and radiological materials. To 
facilitate such RDT&E, DNDO established the Radiological/
Nuclear Countermeasures Test and Evaluation Complex at the 
Nevada Test Site with the cooperation of the Department of 
Energy, the National Nuclear Security Administration and 
Bechtel Nevada, to provide a unique facility dedicated to 
enhancing the ability to deter the threat of nuclear or 
radiological attack. This facility provides the ability to 
conduct testing and evaluation of technology against special 
nuclear material in a realistic and near-real world 
environment.
    As part of the Subcommittee's oversight of issues relating 
to the utilization of science to prevent and deter nuclear and 
biological terrorism, the Subcommittee held a hearing entitled 
``The Science of Prevention'' on September 13, 2006. This 
hearing reviewed and gauged the progress of the Domestic 
Nuclear Detection Office and the Directorate of Science and 
Technology in developing nuclear and biological 
countermeasures.
    On April 19, 2006, Subcommittee Staff visited the U.S. 
Army's Edgewood Chemical and Biological Center (ECBC). The 
purpose of this trip was to examine how the Department of 
Homeland Security utilizes the resources of the Federal 
government to counter the threat of terrorist attacks involving 
chemical, biological, nuclear and radiological materials. 
Subcommittee Staff toured newly constructed laboratories and 
viewed deployable mobile laboratories under development.

                    COUNTER-PROLIFERATION ACTIVITIES

    Proliferant states that actively support terrorism pose 
unique challenges to combating terrorism, and chemical, 
biological, radiological and nuclear terrorism in particular. 
In order to highlight these challenges, the Subcommittee held a 
hearing on September 8, 2005 entitled ``WMD Terrorism and 
Proliferant States'' to review the nature of Iranian assistance 
to Hezbollah and other terrorist organizations and examined 
questions such as: (1) what is the nature and extent of Iranian 
operational support for terrorist attacks?; (2) what are the 
objectives of those attacks?; and (3) how should that 
information factor into Department of Homeland Security 
assessments of the threat of CBRN terrorism.
    On May 26, 2005, the Subcommittee held a hearing entitled 
``Building a Nuclear Bomb: Identifying Early Indicators of 
Terrorist Activities.'' This hearing examined the means by 
which terrorists may gain access to dangerous nuclear materials 
and discussed the Federal government's numerous programs aimed 
at reducing the risk of nuclear terrorist attack against the 
United States. The Subcommittee received testimony from 
representative from the Institute for International Security, 
the Center for Global Security Research; and the Nuclear Threat 
Initiative.
    On June 22, 2006, the Subcommittee held a hearing entitled 
``Reducing Nuclear and Biological Threats at the Source.'' This 
hearing examined the danger posed when states end or diminish, 
leaving behind a legacy of dangerous material and personnel 
with dangerous skills. It focused on United State's efforts to 
prevent these materials and skills from falling into the hands 
of terrorists of their state sponsors. The Subcommittee 
received testimony from the Department of Energy, Department of 
State, the Department of Defense, the Center for International 
Trade and Security of the University of Georgia, and the 
Midwest Research Institute.

    Economic Security, Infrastructure Protection, and Cybersecurity

                       Port and Maritime Security

    The possibility of terrorists bringing a weapon of mass 
destruction into the United States through a seaport or 
detonating one in a seaport presents severe consequences that 
demand a robust maritime and supply chain security system, with 
multiple layers of security reaching from the point of origin 
of commercial goods, through shipment at a foreign seaport to 
delivery within the United States.
    As part of the Committee's oversight of port and maritime 
security issues during the 109th Congress, the Committee held 
numerous hearings, briefings, and site visits. These events 
highlighted the importance of the maritime transportation 
system to national security and economic stability. Committee 
Staff met with officials from the Department of Homeland 
Security, including Customs and Border Protection, the Coast 
Guard, and numerous industry groups and stakeholders to review 
existing security programs and identify remaining programmatic 
and resource gaps.
    These oversight efforts culminated in the development of 
H.R. 4954, the SAFE Port Act (P.L. 109-347), which was signed 
into law on October 13, 2006.

                            TERRORIST TRAVEL

    As part of the Committee's oversight over terrorist travel 
during the 109th Congress, several hearings, briefings and site 
visits were held. Disrupting terrorists in the efforts of 
terrorists to enter into and travel within the United States is 
a critical part of fighting the War on Terrorism. Additionally, 
the Committee examined how terrorists may exploit existing 
human smuggling and human trafficking operations to enter the 
United States.
    In addition to holding several hearings across 
Subcommittees, Committee Staff met with officials from the 
Department of Homeland Security, the Department of State, and 
the Human Smuggling and Trafficking Center. Staff briefings 
focused on the use of biometrics for identity verification, the 
use of tamper resistant documents, and investigations to 
discover and disrupt terrorist travel and criminal 
organizations.

                       BORDER SECURITY TECHNOLOGY

    As part of the Committee's oversight of the Department of 
Homeland Security's efforts to achieve operational control over 
the United States' borders, the Committee reviewed the 
installation and use of advanced technology to enhance border 
security. According to the Department of Homeland Security's 
Secure Border Strategic Plan delivered to the Committee on 
December 1, 2006, only 284 miles along the southwest border are 
under effective control. The lack of operational control along 
the border leaves the United States vulnerable to attacks by 
terrorists and increasingly sophisticated global criminal 
networks. The Committee's oversight activities focused on 
determining what additional resources, technology, and policy 
changes are necessary for achieving operational control along 
the entire 6,000 miles of international border.
    The Committee held several hearings and conducted site 
visits focused on border security technology. Committee Staff 
met with officials from the Department of Homeland Security, 
Department of Justice, Department of State, State and local 
governments, and the private sector. Additionally, the 
Committee developed several pieces of legislation, including 
H.R. 4312, the ``Border Security and Terrorism Prevention Act 
of 2005,'' which mandates much-needed border security 
improvements. These provisions were additionally incorporated 
into H.R. 4437, the ``Border Protection, Antiterrorism, and 
Illegal Immigration Control Act of 2005,'' that passed the 
House of Representatives in December 2005.

                        BORDER SCREENING SYSTEMS

    The capability to identify and verify all travelers 
entering the United States is essential to National security. 
The Department of Homeland Security has several programs in 
place that have enhanced its ability in this area, including 
the US-VISIT program, which captures biometric and biographic 
data. Existing screening programs must also ensure that all 
security screening initiatives function together efficiently 
and effectively, and that travelers and goods are processed 
more quickly and conveniently.
    Committee Staff conducted meetings with officials from the 
US-VISIT Program Office, Customs and Border Protection, and the 
private sector. Additionally, the Committee received testimony 
from several agencies within the Department of Homeland 
Security and the private sector. The Committee included 
legislation in H.R. 4312, the ``Border Security and Terrorism 
Prevention Act of 2005,'' and H.R. 4437, the ``Border 
Protection, Antiterrorism, and Illegal Immigration Control Act 
of 2005,'' to require the Department to collect 10 fingerprints 
for the US-VISIT program and a report on the timeline for full 
implementation of US-VISIT.

                  DETENTION AND REMOVAL OF TERRORISTS

    As part of the Committee's oversight of the Department of 
Homeland Security's detention and removal capabilities, the 
Committee conducted a number of hearings and briefings focused 
on availability and management of the Department's detention 
beds and removal processes. Between Fiscal Year 2001 and Fiscal 
Year 2005, the Department apprehended and released nearly 
170,000 aliens due to a lack of detention space and exacerbated 
by lengthy removal proceedings. The result is that the majority 
of those released never returned for their court appearances 
and are likely living with impunity illegally in the United 
States. There is no guarantee that terrorists or other 
individuals with criminal backgrounds will not exploit this 
vulnerability to inflict harm to the United States.
    The Committee held a hearing on the status of the expedited 
removal program, which allows expedited deportation of certain 
illegal aliens. The more efficient the detention and removal 
process, the less time illegal aliens spend in United States 
detention facilities, allowing more aliens to be detained and 
fewer released into communities with little to no tracking. To 
address several of the concerns and deficiencies with the 
current detention and removal processes, the Committee included 
several provisions in H.R. 4312, the ``Border Security and 
Terrorism Prevention Act'' to enhance capabilities, provide 
additional resources, and change policies. The provisions were 
later included in H.R. 4437, the ``Border Protection, 
Antiterrorism, and Illegal Immigration Control Act,'' which 
passed the House of Representatives on December 16, 2005. 
Specifically, the Committee included Title IV of H.R. 4437, 
which requires mandatory detention of all apprehended illegal 
aliens, increases available detention bed space, provides 
additional transportation and support resources for aliens in 
detention, mandates expedited removal, and requires the 
Secretary of Homeland Security to deny visas to travelers from 
countries that refuse to repatriate citizens found to be 
illegally in the United States.

             NATIONAL STRATEGY FOR TRANSPORTATION SECURITY

    As part of the Committee's oversight of the National 
Strategy for Transportation Security during the 109th Congress, 
the Committee held hearings, numerous briefings, and other 
meetings with Federal, State and local officials to evaluate 
the effectiveness of the Department's plan to secure the 
transportation assets of the nation. These hearings and 
briefings exposed numerous problems with the strategy, such as 
lack of detail and specificity, and a lack of actionable items 
for transit systems in the United States. In response, the 
Committee included provisions in the DHS Authorization Bill for 
FY 2007 that required the Department to issue a strategy 
specifically discussing certain aspects of transportation 
security, such as security measures during heightened alert, 
training for personnel, information sharing procedures, and 
clear identification of the roles and responsibilities of 
Federal, State, and local agencies.

                    PASSENGER AND BAGGAGE SCREENING

    As part of the Committee's oversight of the Transportation 
Security Administration's (TSA) airport passenger and baggage 
screening responsibilities, the Committee held a number of 
hearings, briefings and meetings to understand better the 
prescreening processes and to evaluate the use of screeners and 
technology deployed at the checkpoint and baggage areas. 
Additionally, the Committee spent considerable time monitoring 
the deployment and progress of the Registered Traveler program. 
This oversight highlighted issues of great concern, including 
TSA's failure to implement a full-scale technology development 
and deployment strategy for leveraging current and emerging 
technologies, TSA's continuing over-reliance upon human 
screeners; and TSA's poor management of its airport screening 
workforce.
    As a result of these oversight activities, the Subcommittee 
on Economic Security, Infrastructure Protection, and 
Cybersecurity approved on March 16, 2006, H.R. 4439, the 
``Transportation Security Administration Reorganization Act of 
2005,'' which amends the Homeland Security Act of 2002 to 
improve federal security screening operations for passenger air 
transportation.

                    OTHER AVIATION SECURITY MATTERS

    The Transportation Security Administration's (TSA) air 
cargo security procedures have remained an ongoing concern to 
the Committee, and as part of its oversight Committee Staff 
focused on TSA proposals establishing a system for designating 
high risk cargo for enhanced security screening, 
recommendations for enhancements to the ``Known Shipper 
Program,'' including threat assessment requirements for 
employees of freight handlers, and improved access control in 
cargo handling areas. Committee Staff conducted several visits 
to the Washington Dulles International Airport and observed 
cargo screening operations; met with air cargo private sector 
representatives; and reviewed the findings of the Government 
Accountability Office with respect to existing vulnerabilities 
in security mechanisms of air cargo transportation.
    The Committee also examined flight planning and training 
practices of the Federal Air Marshals Service (FAMS) and the 
effectiveness of the Federal Flight Deck Officer Program. 
Committee Staff also received several briefings on FAMS, toured 
the FAMS Training Center in Atlantic City, New Jersey, and 
examined FAMS training and the management of the Federal Flight 
Deck Officer and the Self-Defense Training Programs.

                           Airspace Security

    The Committee held a series of briefings on the Department 
of Homeland Security's responsibility and capability for 
conducting airspace security missions. The Committee also held 
a series of briefings focused on the structure and mission of 
the Customs and Border Protection (CBP) Air Office. CBP Air is 
intended to merge the air assets and missions of the legacy 
Office of Air and Marine Operations with the air assets of the 
Border Patrol. Committee Staff received briefings from the 
Department on the creation of this office and the impact that 
it may have on continuing legacy missions.
    The Committee included several provisions in H.R. 4312, the 
``Border Security and Terrorism Prevention Act of 2005,'' which 
was incorporated into H.R. 4437, the ``Border Protection, 
Antiterrorism, and Illegal Immigration Control Act of 2005,'' 
to address concerns about the Department of Homeland Security's 
airspace security mission. H.R. 4437 passed the House of 
Representatives on December 16, 2005. Specifically, section 111 
of H.R. 4437 requires the Department to report on the impact of 
the National Capitol Region mission has on the fulfilling of 
other border security missions within the Department. Section 
502 requires the Department to establish an Office of Air and 
Marine Operations to be the main air support agency for border 
security and other missions as necessary within the Department.

                   Critical Infrastructure Protection

    As part of the Committee's oversight of the Department of 
Homeland Security's progress in identifying, prioritizing and 
enhancing critical infrastructure protection--both physical and 
cyber security--the Committee received both Member and Staff 
briefings on the National Infrastructure Protection Plan 
required under Homeland Security Presidential Directive (HSPD)-
7. The Committee examined the framework that utilizes Federal, 
State and local efforts in combination with the private sector 
to protect the Nation's critical assets and key resources, such 
as energy, water and food supplies, health care, dams, and 
transportation. In addition, the Committee held hearings on 
chemical facility security, and the protection of other soft 
targets, including shopping malls, office buildings, theme 
parks, public transportation, museums, stadiums, hotels, and 
schools. Committee Staff met with dozens of private sector 
representatives to better understand their issues and concerns 
and the Department's work in effective coordination, 
information sharing, and deployment of Protective Security 
Advisors.
    The Committee held classified briefings on the National 
Asset Database and the most critical asset list to better focus 
the protection activities in an all-hazard situation. The 
Committee also oversaw through briefings and staff site visits, 
coordination issues with State and local authorities, and 
implementation of the Buffer Zone Protection Program.

                             Cybersecurity

    As part of the Committee's oversight of cybersecurity 
issues during the 109th Congress, the Committee held numerous 
hearings, briefings and other meetings with public and private 
sector officials to better understand the effectiveness of the 
Department of Homeland Security's programs addressing 
cybersecurity. These hearings and briefings highlighted the 
need for the creation of an Assistant Secretary within the 
Department to concentrate solely on cybersecurity issues and 
debate focus and stability to the various programs within the 
National Cyber Security Division. The Committee also identified 
several successes and failures of the Department's approach 
toward cybersecurity and highlighted issues for future 
oversight and evaluation.
    The Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity approved H.R. 285, the 
``Department of Homeland Security Cybersecurity Enhancement Act 
of 2005,'' a bill to create a National cybersecurity office 
within the Department, to be headed by an assistant secretary.

                         Additional Activities

    During the 109th Congress, the Committee actively examined 
the Department of Homeland Security's efforts to enhance the 
security of chemical facilities by holding hearings and 
briefings and conducting site visits to determine the best 
approach to improving chemical facility security measures. The 
conclusions drawn by the Committee Members prompted the 
introduction of H.R. 5695, the ``Chemical Facility Anti-
Terrorism Act of 2006,'' which was reported to the House by the 
Committee in September 2006.

    Intelligence, Information Sharing, and Terrorism Risk Assessment


                   DHS OFFICE OF INFORMATION ANALYSIS

    The Committee spent substantial time reviewing the 
Department of Homeland Security's (DHS) efforts to build the 
intelligence, analytical, and assessment capabilities of the 
Office of Information Analysis (IA), including overseeing and 
guiding the transition to the Office of Intelligence and 
Analysis (I&A) through multiple hearings with the Chief 
Intelligence Officer, component intelligence heads, and 
intelligence experts and hosted several other briefings, 
informal meetings and site visits. The Committee examined I&A's 
access to information and relevant intelligence from the 
counterterrorism perspective and from the civil liberties 
perspective. The Committee also helped guide the Department to 
develop more comprehensive training and recruitment efforts to 
help build a first-class intelligence capability.
    Additionally, the Committee explored I&A's interaction with 
the new National Counterterrorism Center (NCTC), and how the 
NCTC and the Information Sharing Program Manager have 
integrated the Department of Homeland Security's efforts into 
the national counterterrorism and intelligence mission.
    The Committee also closely monitored the Department's 
analytical efforts to include DHS efforts on radicalization, 
the organization and priority given to DHS intelligence 
production and the quality and quantity of analysis from the 
Department.

         DHS INTELLIGENCE AND INFORMATION COLLECTION ACTIVITIES

    Through hearings, briefings and meetings with component 
agencies, the Committee examined the various information 
collection efforts of the department, including its efforts 
with open source information, information from ports of entry 
and other law enforcement activities, and information related 
to Terrorist Screening Center and other watch-listing 
activities. The Committee also examined the Department's 
intelligence and threat assessment activities through hearings 
and briefings on threat and risk assessment, including hearings 
and briefings with the Homeland Infrastructure Terrorism Risk 
Analysis Center (HITRAC), topic-specific threat hearings, and 
briefings on specific critical infrastructure threats.

                          INFORMATION SHARING

    The Committee closely examined ways to further improve 
information sharing among Federal, State and local governments, 
law enforcement entities, first responders, and emergency 
management personnel. This included briefings and hearings on 
such topics as the Interagency Incident Management Group, the 
Homeland Security Operations Center, The Homeland Security 
Information Network, State and Local Fusion Centers and the 
Information Sharing Program Manager. The Committee also 
examined the issue of unclassified information designations 
such as ``For Official Use Only'' and ``Sensitive Security 
Information,'' and held briefings and a hearing on how the 
Information Sharing Program Manager is working to solve the 
problem that multiple, confusing designations cause.

                  THREAT COMMUNICATIONS AND ADVISORIES

    The Committee reviewed the Department of Homeland 
Security's policies and procedures with respect to issuing 
threat and warning advisories, and passed legislation through 
the Committee to ensure that they convey information in a 
timely and relevant manner to Federal, State, and local 
government officials and other entities. The Committee also 
reviewed the level of coordination between the Department and 
the Federal Bureau of Investigation with respect to terrorism 
information through briefings and reviewed the relationship 
with Northern Command through briefings and a site visit.

   INTELLIGENCE-DRIVEN EFFORTS TO COUNTER TERRORISM-RELATED SMUGGLING

    During the 109th Congress, the Committee examined the 
operations and progress of the Terrorist Screening Center, the 
Human Smuggling and Trafficking Center, and other border 
security efforts. The Committee conducted hearings on these 
issues and Committee Staff received numerous briefings to 
further the Committee's understanding. The Committee reviewed 
the Department's intelligence-driven efforts to strengthen 
border enforcement and prevent and interdict terrorists.

                THE HOMELAND SECURITY OPERATIONS CENTER

    In February 2004, the Department of Homeland Security (DHS) 
announced the launch of its Homeland Security Information 
Network (HSIN) initiative, designed to connect all 50 States, 
five U.S. territories, and 50 major urban areas with the 
Homeland Security Operations Center (HSOC) at the Department. 
The Committee followed the Department of Homeland Security's 
efforts to collect and fuse information in the Homeland 
Security Operations Center (now the National Operations Center) 
and disseminate that information through the Homeland Security 
Information Network.

    BORDER AND TRANSPORTATION COUNTER-TERRORISM INFORMATION SHARING

    In establishing the Department of Homeland Security, 
through its Second Stage Review, merged various intelligence, 
and intelligence gathering offices under one authority. The 
Committee conducted oversight over the impact of this merger 
and the results of these intelligence organizations and their 
attempts to work more closely together.
    The Committee closely examined the role of the Intelligence 
efforts of the Transportation Security Administration, the 
Federal Air Marshal Service, Customs and Border Protection, 
Immigration and Customs Enforcement, the United States Coast 
Guard and monitored these components' access and integration 
within the Department's Intelligence Enterprise.

            Emergency Preparedness, Science, and Technology


              COORDINATION OF FEDERAL PREPAREDNESS EFFORTS

    As part of the Committee's oversight of Federal emergency 
preparedness during the 109th Congress, the Committee closely 
examined the Department of Homeland Security's preparation for 
and response to Hurricanes Katrina and Rita and other 
catastrophic incidents. Through its hearings, briefings, and 
meetings, the Committee closely focused on the coordination 
between Federal, State, and local governments and the response 
by the Federal Emergency Management Agency (FEMA) to the 
devastation caused by the hurricanes to our Nation's Gulf 
Coast.
    In addition to numerous hearings, the Committee held a 
hearing on October 19, 2005 which examined the respective roles 
and responsibilities of local, State, and Federal authorities 
in preparing for and responding to catastrophic incidents, both 
natural and man-made. Committee Members and Staff also met 
repeatedly with representatives from the Department, other 
Federal agencies, State and local governments, and non-
governmental and voluntary organizations to review lessons 
learned from the response to Hurricanes Katrina and Rita and 
assess progress in addressing the obstacles that impeded our 
Nation's preparedness for such catastrophic incidents. The 
Committee also conducted site visits of the affected areas to 
examine first-hand the devastation of the hurricanes and 
recovery efforts.
    These activities were part of the foundation for the 
Committee's development of H.R. 5351, the ``National Emergency 
Management Reform and Enhancement Act,'' which included 
language to enhance coordination within the Department and FEMA 
and between all levels of Government.

FEDERAL HOMELAND SECURITY ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND 
                            FIRST RESPONDERS

    As part of the Committee's oversight of first responder 
issues during the 109th Congress, the Committee held numerous 
hearings, briefings, and meetings with Federal, State, local, 
and tribal officials and all of the first responder disciplines 
to evaluate the effectiveness of the Department of Homeland 
Security's programs that provide funding to State and local 
governments and first responders. These hearings and briefings 
highlighted numerous problems with the Department's grant 
programs including: the need for the Department to allocate 
terrorism preparedness grants on the basis of risk, not 
arbitrary, political formulas; the burdensome nature of the 
application process; the slow rate of spending (i.e., draw-
down) of homeland security funding by grant recipients; and the 
lack of preparedness standards or goals to guide the spending 
of such funds at the State and local levels of government.
    The Committee held a series of hearings on first responder 
grants and the need for reform which led to the introduction of 
H.R. 1544, the ``Faster and Smarter Funding for First 
Responders Act.''
    In addition to these hearings, Members and Committee Staff 
met on numerous occasions with Department officials to discuss 
the grant programs, allocation methods, and proposals for 
change to the grant programs. The Committee also examined the 
Homeland Security Grant Program guidance and application kit 
for the Urban Area Security Initiative, the State Homeland 
Security Grant Program, and the Law Enforcement Terrorism 
Prevention Program, the risk assessment process, application 
procedures, and funding formula for the programs. Additionally, 
representatives from the Department briefed Committee Staff on 
the guidance and application kits for the Port Security Grant 
Program, the Mass Transit Security Grant Program, and other 
critical infrastructure grants. The Committee's oversight 
activities focused in particular on the formulas used to 
distribute first responder grants to States and urban areas for 
FY 2006.
    As a result of these oversight activities, the Committee 
reported, and Congress enacted, provisions establishing a risk-
based port security grant program in H.R. 4954, the ``Security 
and Accountability for Every Port Act.'' Moreover, the 
Committee reported and the House passed, H.R. 1544, the 
``Faster and Smarter Funding for First Responders Act.'' The 
Committee included legislation similar to H.R. 1544 in H.R. 
5814, the Department of Homeland Security Authorization Act of 
2007, reported by the Committee on July 19, 2006. Additionally, 
in working with the Department of Homeland Security, the 
Department made significant changes in its administration of 
these grant programs.

               NATIONAL RESPONSE PLAN/INCIDENT MANAGEMENT

    As part of the Committee's oversight of incident management 
and response issues during the 109th Congress, the Committee 
reviewed the Department of Homeland Security's implementation 
and management of the National Response Plan (NRP) and the 
National Incident Management System (NIMS). Through numerous 
hearings, briefings, and meetings, the Committee examined: the 
status of Federal, State and local government efforts to adopt 
and implement the NIMS; the effectiveness of the NIMS 
Integration Center as the Department's component with 
responsibility for administering and maintaining the NRP and 
NIMS; the comfort of non-fire service first responder 
disciplines with the Incident Command System; the level and 
extent of coordination between the Department of Defense (DoD) 
and the Department of Homeland Security before, during, and 
after catastrophic incidents; the DoD's responsibilities under 
the NRP and whether the NRP, as drafted, sufficiently 
facilitates military support to civilian authorities; and the 
ability of the NRP and NIMS to deal with the challenges posed 
by biological incidents, such as an avian influenza pandemic.
    The Committee held a series of hearings on incident 
management and response, including an examination of the 
Nation's progress in adopting a National incident command 
system during catastrophic acts of terrorism, natural 
disasters, and other emergencies; the role of the military and 
the National Guard in disaster response; the role of the 
military and the National Guard in disaster response; the 
appropriate role of the Federal Government in responding to an 
influenza pandemic; and whether the NRP adequately addressed 
biological events.
    Committee Members and Staff met with representatives of the 
Department and other Federal agencies, including the Department 
of Defense, State and local officials, and various first 
responder disciplines to discuss implementation of the NRP and 
NIMs. For example, representatives of the Department's 
Interagency Incident Management Group briefed Committee Members 
on its role in coordinating the Federal Government's response 
to catastrophic incidents pursuant to the NRP. Moreover, 
Committee Staff visited U.S. Northern Command, Peterson Air 
Force Base, Colorado to discuss military support to civil 
authorities and the military's role in responding to 
catastrophic incidents.
    The Committee's oversight in this area resulted in the 
enactment of incident management and response provisions in 
H.R. 5357, the ``National Emergency Management Reform and 
Enhancement Act,'' as part of H.R. 5441, the ``FY 2007, 
Department of Homeland Security Appropriations Act.''

                       NATIONAL PREPAREDNESS GOAL

    As part of the Committee's oversight of emergency 
preparedness and response issues during the 109th Congress, the 
Committee held several hearings, briefings, and meetings on 
emergency preparedness and planning at the Federal, State, 
regional, and local levels of government. In addition to 
monitoring the Department of Homeland Security's progress in 
establishing the National Preparedness Goal as required under 
Homeland Security Presidential Directive 8 (HSPD-8), the 
Committee reviewed the Department's efforts to assess the 
status of catastrophic planning at all levels of government, as 
well as its work with State and local governments to strengthen 
their catastrophic emergency preparedness planning.
    The Committee held a series of hearings on implementation 
of HSPD-8 and the use of metrics to measure improvements in the 
Nation's preparedness. The Committee held a field hearing to 
examine coordination of emergency planning and preparedness at 
all levels of government in the Pacific Northwest; prevention, 
preparation and response to terrorism and other threats and 
disasters on the East coast; and to analyze the state of 
emergency medical preparedness and our Nation's readiness to 
handle public health disasters.
    Committee Members and Staff met representatives of the 
Department's Preparedness Directorate, State and local 
officials, and other stakeholders to discuss the Department's 
progress in developing the National Preparedness Goal and its 
affect on State and local government preparedness.
    The Committee's oversight in this area resulted in 
enactment of the preparedness and planning provisions in H.R. 
5351, the ``National Emergency Management Reform and 
Enhancement Act,'' as part of H.R. 5441, the ``FY 2007, 
Department of Homeland Security Appropriations Act.''

                        FIRST RESPONDER TRAINING

    As part of the Committee's oversight of first responder 
training during the 109th Congress, the Committee held 
hearings, briefings, and meetings to evaluate the efficacy and 
efficiency of the Department of Homeland Security's 
(Department) anti-terrorism training for first responders. 
These activities focused on a number of issues critical to 
first responder training including: the Department's 
coordination with other Federal agencies and the duplication of 
Federal anti-terrorism training programs; the Department's 
coordination of training programs offered or carried out by its 
various components; the Department's certification of State and 
local first responder training courses and the ability of State 
and local governments to spend Federal grant funds for such 
purposes; the Department's use of State, regional, and local 
training institutions, including academic institutions and 
private industry; the Department's allocation of training 
funding and its relationship to equipment purchases; and the 
need to give priority training to first responders from high-
risk jurisdictions.
    The Committee held hearings on the ability of the 
Department to ensure that first responders possess the 
specialized skills needed to prevent, prepare for, respond to, 
mitigate against, and recover from catastrophic acts of 
terrorism; the Department's coordination of terrorism 
preparedness training for first responders at all levels of 
government and within the private sector; and the state of 
training for first responders to prevent, prepare for, and 
respond to mass transit attacks.
    Committee Members and Staff met with officials from the 
National Domestic Preparedness Consortium (NDPC), and conducted 
a site visit of the Center for Domestic Preparedness, the 
National Exercise, Test, and Training Center at the Nevada Test 
Site, and New Mexico Institute of Mining and Technology, to 
observe first responder training activities and programs.
    The Committee's oversight in this area resulted in 
enactment of first responder training provisions in H.R. 5351, 
the ``National Emergency Management Reform and Enhancement 
Act,'' as part of H.R. 5441, the ``FY 2007, Department of 
Homeland Security Appropriations Act.''

                       EXERCISES AND SIMULATIONS

    With respect to first responder exercises and simulation, 
the Committee held numerous briefings and meetings with 
Federal, State, and local officials and first responders to 
assess the Department of Homeland Security's National Exercise 
Program and Homeland Security Exercise and Evaluation Program 
(HSEEP), the Department's State and local exercise evaluation 
system. These briefings and meetings highlighted a variety of 
deficiencies with the Department's national preparedness 
exercises including: the lack of timely dissemination of after 
action reports to exercise participants; the absence of a 
comprehensive remedial action program to assess implementation 
of lessons learned from such exercises; the over-emphasis on 
national level exercises; and insufficient coordination of 
exercises between Federal, State, and local governments.
    The Committee observed the Department of Homeland 
Security's Top Officials Three Exercise (TOPOFF 3) exercise in 
Connecticut and New Jersey in May 2005. The TOPOFF 3 series of 
national level exercises is designed to evaluate the strength 
of our national response to acts of terrorism involving weapons 
of mass destruction. Committee Staff also regularly met with 
Federal, State, and local officials and other stakeholders to 
review the lessons learned from TOPOFF 3, plans for TOPOFF 4 
during the Autumn of 2007, and the need to establish additional 
mechanisms to evaluate first responder readiness.
    The Committee's oversight in this area resulted in the 
House passing exercise and simulation provisions in H.R. 5351, 
the ``National Emergency Management Reform and Enhancement 
Act,'' as part of H.R. 5441, the ``FY 2007, Department of 
Homeland Security Appropriations Act.''

                      INTEROPERABLE COMMUNICATIONS

    As part of the Committee's oversight of public safety 
emergency communications during the 109th Congress, the 
Committee held a series of hearings as well as numerous 
briefings and meetings on Federal, State, and local efforts to 
ensure that first responders and government officials are able 
to communicate effectively in the event of acts of terrorism, 
natural disasters, and other emergencies. These hearings and 
briefings highlighted a number of issues critical to emergency 
communications including: the complexities and challenges 
involved in achieving and maintaining interoperable emergency 
communications; the status of the Federal government's efforts 
to address the vulnerabilities of our Nation's wired, wireless, 
and broadcast communications infrastructure; the steps that the 
Federal government is taking to assist State, local, and tribal 
governments in establishing and maintaining incident command 
and control when communications are severely disrupted; what 
research and development programs the Department of Homeland 
Security has established to investigate promising technological 
solutions; the level of coordination between the Department and 
other Federal departments and agencies charged with ensuring 
communications capabilities, such as the Departments of 
Commerce, Defense, and Justice, and the Federal Communications 
Commission; and potential solutions for solving this 
longstanding problem.
    Committee Staff held numerous meetings with officials from 
the Departments of Homeland Security, Agriculture, Commerce, 
Defense, and Justice and the Federal Communications Commission 
to discuss coordination and enhancement of their activities and 
emergency communications grant programs. Committee Staff also 
met with first responders, utilities companies, public works, 
health care, and other stakeholders to discuss problems and 
solutions for the crisis in emergency communications.
    As a result of these oversight activities, the Committee 
reported, and the House passed, H.R. 5852, the ``21st Century 
Emergency Communications Act,'' which Congress subsequently 
enacted as part of H.R. 5441, the ``FY 2007, Department of 
Homeland Security Appropriations Act.''

                           EMERGENCY WARNINGS

    As part of the Committee's oversight of public alert and 
warning issues during the 109th Congress, the Committee held 
regular briefings with the Department of Homeland Security, the 
National Oceanic and Atmospheric Administration (NOAA), State 
and local officials, first responders, and others to monitor 
the Federal Government's implementation of two public alert and 
warning pilot projects authorized under Public Law 108-408, the 
Intelligence Reform and Terrorism Prevention Act of 2004, and 
to discuss the development of the national integrated public 
alert and warning system.
    As a result of these oversight activities, the Committee 
reported a provision establishing a National Integrated Public 
Alert and Warning System as part of H.R. 5852, the ``21st 
Century Emergency Communications Act.'' Additionally, the 
Committee developed the wireless alert and warning provision 
enacted as part of H.R. 4954, the ``Security and Accountability 
for Every Port Act.''

              S&T DIRECTORATE MANAGEMENT AND COORDINATION

    As part of the Committee's oversight of the Department of 
Homeland Security's (Department) research and development 
activities during the 109th Congress, the Committee conducted 
extensive hearings, briefings, and meetings with Federal 
officials, academic experts, the private sector, and other 
stakeholders on the mission and operations of Science and 
Technology (S&T) Directorate, the component of the Department 
responsible for research, development, testing, and evaluation 
of homeland security technologies. These hearings and briefings 
highlighted numerous problems with the Department's research 
and development programs and the S&T Directorate including: a 
lack of transparent strategic planning; inadequate detail in 
its budget justifications; systemic deficiencies in its 
financial and accounting controls; poor response to the needs 
of its customers and end-users; and the slow transfer of 
technologies for homeland security purposes.
    The Committee held a hearing examining the Department's 
plans to reorganize the S&T Directorate to enhance its ability 
to fulfill its statutory responsibilities under the Homeland 
Security Act. Committee Staff also met with officials from the 
S&T Directorate to discuss its various management problems and 
to advise on its reorganization.
    As a result of these oversight activities, the Committee 
reported, and the House passed H.R. 4942, the ``Promoting 
Antiterrorism Capabilities Through International Cooperation 
Act.'' In addition, the Committee reported H.R. 4941, the 
``Homeland Security Science and Technology Enhancement Act.''

            TECHNOLOGY CLEARINGHOUSE AND TECHNOLOGY TRANSFER

    As part of the Committee's oversight of the technology 
clearinghouse and technology transfer issues during the 109th 
Congress, the Committee focused on the collaboration between 
the Department of Homeland Security (DHS) and the Department of 
Defense (DoD) in identifying and adapting military technologies 
for homeland security missions. In order to provide Federal, 
State, and local homeland security personnel with the most 
advanced operational tools available and to eliminate redundant 
research and development programs, the Committee held hearings 
and hosted briefings examining the cooperative research 
mechanisms in place to facilitate continued research 
collaboration between DHS and DoD.
    Committee Staff also met with officials from DHS and DoD, 
and the private sector to discuss mechanisms for identifying 
and prioritizing military technologies suitable for transfer 
and the Department's progress in adapting and modifying already 
transferred technologies.
    As a result of these oversight activities, the Committed 
reported H.R. 4941, the ``Homeland Security Science and 
Technology Enhancement Act of 2006,'' which included technology 
transfer provisions.

           S&T FELLOWSHIP PROGRAM AND CENTERS FOR EXCELLENCE

    As part of the Committee's oversight of the Department of 
Homeland Security's (DHS) efforts to attract the Nation's most 
talented scientists and build partnerships with the academic 
community through its Centers of Excellence and its Scholars 
and Fellows programs during the 109th Congress, the Committee 
held numerous meetings with representatives of the Centers of 
Excellence (the Centers), academic institutions supporting the 
Centers, scholarship recipients, and other academic experts to 
examine the effectiveness of these programs in developing a 
professional cadre of homeland security scientists and to 
stimulate more homeland security related research, development, 
testing, and evaluation.
    Committee Members and Staff held numerous meetings with the 
Centers, academic stakeholders, and senior officials from the 
Science and Technology Directorate's Office of University 
Programs to evaluate the effectiveness of the Department's 
efforts to leverage the academic community.
    As a result of these oversight activities, the Committed 
reported H.R. 4941, the ``Homeland Security Science and 
Technology Enhancement Act of 2006,'' which included academic-
related provisions.

                    THE HOMELAND SECURITY INSTITUTE

    As part of the Committee's oversight of the Science and 
Technology (S&T) Directorate in the 109th Congress, the 
Committee held meetings with stakeholders to discuss the 
effectiveness of the S&T Directorate's utilization of the 
Homeland Security Institute (the HSI), a Federally-funded 
research and development center (FFRDC) that produces strategic 
analysis for the S&T Directorate.
    Committee Staff met with senior officials from the S&T 
Directorate and the HSI to discuss whether the Department of 
Homeland Security should transfer oversight over the HSI from 
the S&T Directorate to the Office of Policy and what extent the 
S&T Directorate financially and administratively supports the 
HSI. As a result of these oversight activities, the Committed 
reported H.R. 4941, the ``Homeland Security Science and 
Technology Enhancement Act of 2006,'' which included a 
provision to transfer the HSI. Additionally, the Committee's 
oversight led the Department to devote more resources to better 
utilize the HSI.

                    Additional Oversight Activities


IMPLEMENTATION OF THE SUPPORT FOR ANTI-TERRORISM BY FOSTERING EFFECTIVE 
                   TECHNOLOGIES (SAFETY) ACT OF 2002

    As part of the Committee's oversight of the Science and 
Technology (S&T) Directorate in the 109th Congress, the 
Committee examined the efficacy of the ``Support Anti-terrorism 
by Fostering Effective Technology Act'' (SAFETY Act). The 
SAFETY Act provides limited liability from claims arising out 
of acts of terrorism for sellers of qualified anti-terrorism 
technologies. Through hearings, briefings, and meetings, the 
Committee focused on the S&T Directorate's implementation of 
the SAFETY Act including: application burden, confidentiality 
of information, general program awareness, effectiveness of 
liability protections against legal action, option for 
expedited review, and the SAFETY Act's coordination with 
procurement.
    The Committee held a hearing to examine the SAFETY Act 
application process and its coordination with procurement 
functions at the Department of Homeland Security. Committee 
Staff also met with senior officials from the Department and 
the private sector to discuss concerns about the Department's 
implementation of the SAFETY Act and the Department's plans to 
revamp its program.
    As a result of these oversight activities, the Committee 
reported H.R. 5814, the ``Department of Homeland Security 
Authorization Act for Fiscal Year 2007,'' which included a 
provision to streamline the SAFETY Act application process. The 
Committee's oversight activities in this area contributed to 
the Department's decision to strengthen SAFETY Act 
implementation by updating the application process, ensuring 
that the certification process dovetails with existing 
procurement processes, and minimizing the burdens imposed on 
businesses so that liability is not an impediment to developing 
and deploying anti-terrorism technologies for Federal, State, 
and local homeland security personnel.

                           PROJECT BIOSHIELD

    As part of the Committee's oversight of the development of 
countermeasures to counter biological threats in the 109th 
Congress, the Committee evaluated the Department of Homeland 
Security's effectiveness in assessing and determining the 
potential for chemical, biological, radiological, and nuclear 
(CBRN) agents to pose a threat to national security pursuant to 
Public Law 108-276, the Project Bioshield Act of 2004. 
Initially proposed by the President in January 2003, Project 
Bioshield is designed to address the lack of a commercial 
market for countermeasures against CBRN agents by creating 
incentives for biotechnology and pharmaceutical companies to 
invest in the research and development of such countermeasures. 
The Committee focused on the role of the Department's Science 
and Technology (S&T) Directorate in conducting material threat 
assessments, prioritizing existing biological threats, and 
coordinating the Project Bioshield process with the Department 
of Health and Human Services.
    The Committee held hearings and briefings examining 
deficiencies with the Department's threat assessment and 
determination process, and evaluating the scope, depth, 
maturity, and effectiveness of our Nation's biodefenses.
    The Committee's oversight activities in this area 
contributed to the development and introduction of H.R. 5028 
``The Project Bioshield Material Threats Act of 2006,'' which 
was later incorporated into H.R. 5814, the ``Department of 
Homeland Security Authorization Act for Fiscal Year 2007.'' 
This legislation was intended to accelerate the material threat 
assessment process and help prioritize the order in which the 
assessments are undertaken.

                   RADIOLOGICAL AND NUCLEAR DETECTION

    As part of the Committee's oversight of radiological and 
nuclear detection in the 109th Congress, the Committee 
conducted extensive oversight of radiation detection monitors 
and other nuclear and radiological detection technologies 
currently deployed at our Nation's ports of entry, as well as 
ongoing research, development, testing, and evaluation efforts 
in pursuit of next generation detection technologies.
    The Committee held a series of hearings and briefings on 
the effectiveness of detection technologies and strategies. The 
Committee analyzed the performance and effectiveness of the 
Department's radiation and nuclear detection capabilities and 
the strategies to detect, respond to and mitigate threats to 
our security in this area.
    The Committee's oversight in this area contributed to the 
development and introduction of H.R. 5029 ``Prevention of 
Nuclear Terrorism Act of 2006'' which was enacted as part of 
H.R. 4954 ``The SAFE Port Act of 2006.'' This legislation 
codified the Department's Domestic Nuclear Detection Office, 
authorizing its mission, function, and authorities. Additional 
provisions within H.R. 4954 laid out requirements for 
coordinating and deploying radiation detection and nonintrusive 
imaging equipment domestically and internationally.

                 CYBERSECURITY RESEARCH AND DEVELOPMENT

    As part of the Committee's oversight of cybersecurity in 
the 109th Congress, the Committee monitored the Science and 
Technology (S&T) Directorate's cybersecurity research and 
development program. Through hearings, briefings, and meetings, 
the Committee focused on the development of safeguards to 
minimize the vulnerabilities of our Nation's electronic 
information infrastructure and the development of meaningful 
countermeasures to thwart terrorist threats from cyberspace.
    The Committee held a series of hearings on the complexities 
of protecting our Nation's infrastructure from cyber attacks 
which assessed both existing and emerging countermeasures and 
safeguards available to protect and secure our Nation's 
electronic infrastructure. As a result of these oversight 
activities, the Committee reported H.R. 4941, the ``Homeland 
Security Science and Technology Enhancement Act of 2006,'' 
which included a cybersecurity research and development 
provision.

                      LIQUID EXPLOSIVES DETECTION

    As part of the Committee's oversight of the threat posed by 
liquid explosives in the 109th Congress, the Committee 
scrutinized the Science and Technology (S&T) Directorate's 
research, development, testing, and evaluation program for 
liquid explosive detection technologies. Particularly in the 
aftermath of the foiled terrorist plot to detonate liquid 
explosives on international airplane flights originating from 
the United Kingdom, the Committee held extensive briefings to 
assess the status of the Department of Homeland Security's 
activities in this area, including the research and development 
activities of the S&T Directorate's Rapid Response Team on 
liquid explosive detection. Committee Staff visited the 
Transportation Security Lab in Atlantic City, New Jersey to 
receive briefings on the Department's efforts to develop 
technologies to identify liquid explosives and examine 
technology under review and testing for the next generation 
passenger and baggage screening systems.
    As a result of these oversight activities, the Department 
expanded its activities and programs related to the detection 
of liquid explosives.

                 Management, Integration, and Oversight


                    STRATEGIC PLANNING AND EXECUTION

    The Committee held numerous meetings with Department of 
Homeland Security officials, including representatives of the 
Office of Inspector General, to discuss progress in 
strengthening and streamlining Departmental management and 
operations. On April 20, 2005, the Committee held a hearing 
specifically to discuss management challenges facing the 
Department. The Committee also held several hearings to discuss 
the potential impact of mission-based budgeting at the 
Department and the Secretary of Homeland Security's Second 
Stage Review, a Department-wide reorganization proposed and 
implemented by the Secretary in July 2005.

  INTERGRATION AND COORDINATION OF BORDER AND TRANSPORTATION SECURITY 
                               FUNCTIONS

    The Committee held a series of hearings examining the 
Department's efforts to ensure integration and coordination 
among the two primary agencies responsible for border security 
and immigration functions within the Department: Customs and 
Border Protection (CBP) and Immigration and Customs Enforcement 
(ICE). While the initial hearings focused on the calls to 
combine the two agencies into one single border security and 
immigration enforcement agency, the last hearing focused on the 
Department's efforts to increase integration and coordination 
between the two agencies without a large-scale agency 
reorganization.
    Due to the oversight work by the Committee on integration 
and coordination issues between CBP and ICE, the Committee 
included specific provisions in H.R 4317, the ``Border Security 
and Terrorism Prevention Act of 2005,'' to ensure greater 
integration and coordination. These provisions were 
additionally incorporated into H.R. 4437, the ``Border 
Protection, Antiterrorism, and Illegal Immigration Control Act 
of 2005,'' that passed the House of Representatives in December 
2005.
    In addition the Secretary of Homeland Security took 
specific steps to address many of the Committee concerns and 
ensure integration and coordination between the two agencies. 
Specific actions include: creating a Department-wide Office of 
Policy, an Office of Operations Coordination, and a more robust 
Office of Intelligence and Analysis to be managed by a new 
Chief Intelligence Officer; implementing the Secure Border 
Initiative (SBI); placing the SBI Program Office in the DHS 
Office of Policy; improving communication by requiring weekly 
meetings between the Secretary and CBP and ICE; creating an 
ICE/CBP Coordination Council; establishing mechanisms to ensure 
the Under Secretary of Management and the Chief Financial 
Officer collaborate with CBP and ICE on budget and strategic 
planning issues; and establishing Border Enforcement and 
Security Task Forces.

            ACQUISITION AUTHORITIES AND CONTRACTS MANAGEMENT

    Contracts and acquisition management were top priorities 
for the Committee throughout the 109th Congress. The Committee 
conducted several reviews of Department of Homeland Security 
contracting practices and procedures, including disaster relief 
and reconstruction contracts after the terrorist attacks of 
September 11, 2001, and two transportation services contracts 
that were set aside for businesses residing in historically 
underutilized areas.
    The Committee held hearings examining border security 
contracts: the existing contract for the Integrated 
Surveillance Intelligence System, to install cameras and 
sensors along the southwest border; and the new SBInet 
contract, the technology portion of the broader Secure Border 
Initiative, which is a comprehensive, multi-year program 
composed of a mix of personnel, infrastructure, and technology 
to gain operational control of the Nation's borders.
    Additionally, the Committee met with the Office of 
Procurement Operations and the Office of Small and 
Disadvantaged Business Utilization of the Department of 
Homeland Security to examine the use of contracts set aside for 
small and disadvantaged businesses. The Subcommittee also 
reviewed the authorities of the Department's Chief Procurement 
Officer and drafted legislation to ensure that this position 
has sufficient authority to ensure the compliance of 
Departmental components with statutes, rules, and regulations.

                          FINANCIAL MANAGEMENT

    The Committee held a hearing with the Committee on 
Government Reform to review the status of the Department of 
Homeland Security's financial management system integration and 
consolidation, also referred to as eMerge2. The hearing 
resulted in the Committee focusing on why the Department 
abruptly canceled the eMerge2 program after a $17 million 
investment, as well as its decision to focus on improving 
financial management processes and procedures prior to 
migrating Departmental entities to new financial systems.

                        HUMAN CAPITAL MANAGEMENT

    During the 109th Congress, Committee Staff met with the 
Chief Human Capital Officers of the Department of Homeland 
Security to discuss the implementation of MaxHR, the new 
personnel system, as well as recruitment, retention, employee 
morale, and training and education programs, the Committee held 
hearings to discuss these issues.

               INFORMATION TECHNOLOGY SYSTEMS MANAGEMENT

    The Committee met with the Department of Homeland Security 
Chief Information Officer several times throughout the 109th 
Congress to discuss progress in integrating legacy information 
technology systems and the elimination of redundant systems. 
The Committee held a hearing to discuss information security at 
the Department, including compliance with the requirements of 
the Federal Information Security Management Act.

                 PRIVACY AND CIVIL LIBERTIES PROTECTION

    Committee Staff met several times with the Privacy Officer 
of the Department of Homeland Security, as well as the Office 
of Civil Rights and Civil Liberties, regarding Departmental 
efforts to protect the privacy of individuals and ensure that 
the civil rights and civil liberties of individuals are 
appropriately considered during program planning and 
implementation. Committee Staff also monitored the work of the 
Data Privacy and Integrity Advisory Committee, a Federal 
Advisory Committee created to advise the Privacy Officer and 
the Secretary of Homeland Security regarding programmatic, 
policy, and operational issues within the Department that 
affect individual privacy, data integrity, and data 
interoperability. In addition, in order to ensure that the 
needs of individuals with disabilities are incorporated into 
disaster planning efforts, the Subcommittee drafted legislation 
to ensure that the Officer for Civil Rights and Civil Liberties 
serves as the Secretary of Homeland Security's coordinator for 
issues relating to individuals with disabilities.

                       SAFETY ACT IMPLEMENTATION

    The Committee met with representatives of the Department of 
Homeland Security as well as industry stakeholders as part of 
its efforts to ensure effective implementation of the SAFETY 
Act, including the completion and publication of the final 
implementing regulation and the issuance of a revised 
application kit. Through hearings, briefings, and meetings, the 
Committee focused on implementation issues including: the 
application burden; confidentiality of information; general 
program awareness; effectiveness of liability protections 
against legal action; options for expedited review; and the 
SAFETY Act's coordination with procurement.
                          A P P E N D I C E S

       Appendix I--Committee Rules--Committe on Homeland Security

                       (Adopted October 7, 2005)

    I. General Provisions
    A. Applicability of the Rules of the U.S. House of 
Representatives--The Rules of the U.S. House of Representatives 
(the ``House'') are the rules of the Committee on Homeland 
Security (the ``Committee'') and its subcommittees insofar as 
applicable.
    B. Applicability to Subcommittees--Except where the terms 
``full Committee'' and ``subcommittee'' are specifically 
referred to, the following rules shall apply to the Committee's 
subcommittees and their respective Chairmen and Ranking 
Minority Members to the same extent as they apply to the full 
Committee and its Chairman and Ranking Minority Member.
    C. Appointments by the Chairman--The Chairman of the 
Committee (``the Chairman'') shall appoint a Member of the 
majority party to serve as Vice Chairman of the Committee. The 
Chairman shall appoint other Members of the majority party to 
serve as Chairmen of each of the subcommittees.
    D. Referral of Bills by Chairman--Except for bills or 
measures retained by the Chairman for full Committee 
consideration or discharged by the Chairman, every bill or 
other measure referred to the Committee shall be referred by 
the Chairman to the appropriate subcommittee within two weeks 
of receipt by the Committee for consideration in accordance 
with its jurisdiction. Where the subject matter of the referral 
involves the jurisdiction of more than one subcommittee or does 
not fall within any previously assigned jurisdiction, the 
Chairman will refer the matter as he or she deems advisable. 
Bills, resolutions, and other matters referred to subcommittees 
may be reassigned or discharged by the Chairman when, in his or 
her sole judgment, the subcommittee is not able to complete its 
work or cannot reach agreement on the matter in a timely 
manner.
    E. Recommendation of Conferees--Whenever the Speaker of the 
House is to appoint a conference committee on a matter within 
the jurisdiction of the Committee, the Chairman shall recommend 
to the Speaker of the House conferees from the Committee. In 
making recommendations of minority Members as conferees, the 
Chairman shall do so with the concurrence of the Ranking 
Minority Member of the Committee.
    F. Motions to Disagree--The Chairman is directed to offer a 
motion under clause 1 of rule XXII of the Rules of the House 
whenever the Chairman considers it appropriate.
    II. Meetings and Hearings
    A. Regular Meeting Date--The regular meeting date and time 
for the transaction of business of the Committee shall be at 
10:00 a.m. on the first Wednesday that the House is in Session 
each month, unless otherwise directed by the Chairman.
    B. Additional Meetings--The Chairman may call and convene, 
as he or she considers necessary, additional meetings of the 
Committee for the consideration of any bill or resolution 
pending before the Committee or for the conduct of other 
Committee business. The Committee shall meet for such purposes 
pursuant to the call of the Chairman.
    C. Consideration--Except in the case of a special meeting 
held under Clause 2(c)(2) of House Rule XI, the determination 
of the business to be considered at each meeting of the 
Committee shall be made by the Chairman.
    D. Notice--
    1. Hearings--The date, time, place and subject matter of 
any hearing of the Committee shall, except as provided in the 
Committee rules, be announced by notice at least one week in 
advance of the commencement of such hearing. The names of all 
witnesses scheduled to appear at such hearing shall be provided 
to Members no later than 48 hours prior to the commencement of 
such hearing. These notice requirements may be abridged or 
waived in extraordinary circumstances, as determined by the 
Chairman with the concurrence of the Ranking Minority Member.
    2. Meetings--The date, time, place and subject matter of 
any meeting, other than a hearing or a regularly scheduled 
meeting, shall be announced at least 36 hours in advance for a 
meeting taking place on a day the House is in session, and 72 
hours in advance of a meeting taking place on a day the House 
is not in session, except in the case of a special meeting 
called under Clause 2(c)(2) of House Rule XI. These notice 
requirements may be abridged or waived in extraordinary 
circumstances, as determined by the Chairman in consultation 
with the Ranking Minority Member.
    3. Publication--The meeting announcement shall be published 
in the Daily Digest portion of the Congressional Record.
    E. Open Meetings--All meetings of the Committee shall be 
open to the public except when the Committee, in open session 
and with a majority present, determines by recorded vote that 
all or part of the remainder of that hearing on that day shall 
be closed to the public because disclosure of testimony, 
evidence, or other matters to be considered would endanger the 
national security or would violate any law or rule of the 
House, in accordance with Clause 2(g) or 2(k) of House Rule XI.
    F. Quorum Requirements--Two Members shall constitute a 
quorum for the purposes of receiving testimony and evidence at 
a duly noticed hearing or meeting. One-third of the Members of 
the Committee shall constitute a quorum for the transaction of 
business, except that a majority of the Committee shall 
constitute a quorum for ordering a report, entering executive 
session, releasing executive session material, issuing a 
subpoena, immunizing a witness, reporting contempt, or where 
otherwise required under the rules of the House.
    G. Opening Statements--At any meeting of the full 
Committee, the Chairman and Ranking Minority Member shall be 
entitled to present oral opening statements of five minutes 
each. Other Members may submit written opening statements for 
the record. In the case of a meeting of any subcommittee, the 
Chairmen and Ranking Minority Members of the subcommittee and 
the full Committee shall be entitled to present oral opening 
statements of five minutes each, and other Members may submit 
written opening statements for the record. At any hearing of 
the full Committee, the Chairman of the full Committee, and at 
any hearing of a subcommittee, the Chairman of that 
subcommittee, in his or her discretion and with the concurrence 
of the Ranking Minority Member of the full Committee or of that 
subcommittee, respectively, may permit additional opening 
statements by other Members of the full Committee or of that 
subcommittee at the hearing in question.
    H. Questioning of Witnesses--Committee questioning of 
witnesses shall be conducted by any Member of the Committee, as 
well as by such Committee staff as may be authorized by the 
Chairman or presiding Member to question such witnesses. 
Committee Members or authorized staff may question witnesses 
only when recognized by the Chairman for that purpose.
    1. Time Limitation--In the course of any hearing, Members 
shall be limited to five minutes on the initial round of 
questioning. No Member shall be recognized for a second 
opportunity to question a witness until each Member of the 
Committee who is present has been recognized for that purpose.
    2. Order of Recognition--In questioning witnesses, the 
Chairman and the Ranking Minority Member shall be recognized 
first, after which Members who are in attendance when the 
Chairman gavels the hearing to order will be recognized in the 
order of their seniority on the Committee, alternating between 
majority and minority Members. Members arriving after the 
commencement of a hearing shall be recognized after all Members 
present at the beginning of the hearing have been recognized, 
in the order of their appearance, alternating between majority 
and minority Members.
    3. Alternative Questioning Procedure--The Chairman, or the 
Committee by motion, may permit an equal number of majority and 
minority Members to question a witness for a specified, total 
period that is equal for each side and not longer than 30 
minutes for each side. The Chairman, or the Committee by 
motion, may permit Committee staff of the majority and minority 
to question a witness for a specified, total period that is 
equal for each side and not longer than 30 minutes for each 
side.
    I. Oath or Affirmation--Whenever the Committee holds a 
hearing or meeting that the Chairman has designated as an 
investigatory hearing or meeting in order to take testimony or 
consider other evidence, the testimony of any person shall be 
given under oath or affirmation administered by the Chairman or 
his designee.
    J. Statements by Witnesses--
    1. Witnesses shall submit a prepared or written statement 
for the record of the proceedings (including, where practicable 
an electronic copy) with the Clerk of the Committee, and 
insofar as practicable and consistent with the notice given, 
shall do so no less than 48 hours in advance of the witness' 
appearance before the Committee, unless such requirement is 
waived or otherwise modified by the Chairman in consultation 
with the Ranking Minority Member.
    2. To the greatest extent practicable, the written 
testimony of each witness appearing in a non-governmental 
capacity shall include a curriculum vitae and a disclosure of 
the amount and source (by agency and program) of any federal 
grant (or subgrant thereof) or contract (or subcontract 
thereof) received during the current fiscal year or either of 
the two preceding fiscal years by the witness or by an entity 
represented by the witness.
    K. Objections and Ruling--Except as otherwise provided by 
the rules of the House, any objection raised by a witness shall 
be ruled upon by the Chairman or other presiding Member, and 
such ruling shall be the ruling of the Committee unless a 
Member of the Committee appeals the ruling of the chair and a 
majority of the Committee present fails to sustain the ruling 
of the chair.
    L. Transcripts--A transcript shall be made of the testimony 
of each witness appearing before the Committee during a 
Committee hearing. All hearings of the Committee which are open 
to the public shall be printed and made available.
    M. Minority Witnesses--Whenever a hearing is conducted by 
the Committee upon any measure or matter, the minority party 
Members on the Committee shall be entitled, upon request to the 
Chairman by a majority of those minority Members before the 
completion of such hearing, to call witnesses selected by the 
minority to testify with respect to that measure or matter 
during at least one day of hearing thereon.
    N. Contempt Procedures--No recommendation that a person be 
cited for contempt of Congress shall be forwarded to the House 
unless and until the Committee has, upon notice to all its 
Members, met and considered the alleged contempt. The person to 
be cited for contempt shall be afforded, upon notice of at 
least 72 hours, an opportunity to state why he or she should 
not be held in contempt, prior to a vote of all the Committee, 
a quorum being present, on the question whether to forward such 
recommendation to the House. Such statement shall be, in the 
discretion of the Chairman, either in writing or in person 
before the Committee.
    O. The Five-Minute Rule--The time any one Member may 
address the Committee on any bill, motion, or other matter 
under consideration by the Committee shall not exceed five 
minutes, and then only when the Member has been recognized by 
the Chairman, except that this time limit may be exceeded when 
permitted by unanimous consent.
    P. Postponement of Vote--The Chairman may postpone further 
proceedings when a record vote is ordered on the question of 
approving any measure or matter or adopting an amendment. The 
Chairman may resume proceedings on a postponed vote at any 
time, provided that all reasonable steps have been taken to 
notify Members of the resumption of such proceedings. When 
proceedings resume on a postponed question, notwithstanding any 
intervening order for the previous question, an underlying 
proposition shall remain subject to further debate or amendment 
to the same extent as when the question was postponed.
    Q. Breaches of Decorum--The Chairman may punish breaches of 
order and decorum, by censure and exclusion from the hearing; 
and the Committee may cite the offender to the House for 
contempt.
    R. Access to Dais--Access to the dais during and before a 
hearing, mark-up or other meeting of the Committee shall be 
limited to Members and staff of the Committee, and staff of 
Members of the Committee.
    S. Cellular Telephones--The ringing or conversational use 
of cellular telephones is prohibited on the Committee dais or 
in the Committee hearing room during a hearing, mark-up, or 
other meeting of the Committee.
    T. Broadcasting--Whenever any hearing or meeting conducted 
by the Committee is open to the public, the Committee shall 
permit that hearing or meeting to be covered by television 
broadcast, internet broadcast, print media, and still 
photography, or by any of such methods of coverage, subject to 
the provisions of the Legislative Reorganization Act of 1970 
(Section 116(b) and House Rule XI. Priority shall be given by 
the Committee to members of the Press Galleries.
    III. Subpoenas
    A. Authorization--The Committee, or any subcommittee, may 
authorize and issue a subpoena under clause 2(m)(2)(A) of Rule 
XI of the House, if authorized by a majority of the members of 
the Committee or subcommittee (as the case may be) voting, a 
quorum being present. The power to authorize and issue 
subpoenas is also delegated to the Chairman of the full 
Committee, in consultation with the Ranking Minority Member, as 
provided for under clause 2(m)(3)(A)(i) of Rule XI of the House 
of Representatives. Subpoenas shall be issued under the seal of 
the House and attested by the Clerk of the House, and may be 
served by any person designated by the Chairman. Subpoenas 
shall be issued under the Chairman's signature or that of a 
Member designated by the Committee.
    B. Disclosure--Provisions may be included in a subpoena, by 
concurrence of the Chairman and Ranking Minority Member, or by 
the Committee, to prevent the disclosure of Committee demands 
for information when deemed necessary for the security of 
information or the progress of an investigation, including but 
not limited to prohibiting the revelation by witnesses and 
their counsel of Committee inquiries.
    C. Subpoena duces tecum--A subpoena duces tecum may be 
issued whose return shall occur at a time and place other than 
that of a regularly scheduled meeting.
    D. Requests for Investigations--Requests for 
investigations, reports, and other assistance from any agency 
of the executive, legislative, and judicial branches of the 
federal government shall be made by the Chairman, upon 
consultation with the Ranking Minority Member, or by the 
Committee.
    E. Affidavits and Depositions--The Chairman, in 
consultation with the Ranking Member, or the Committee may 
authorize the taking of an affidavit or deposition with respect 
to any person who is subpoenaed under these rules but who is 
unable to appear in person to testify as a witness at any 
hearing or meeting.
    IV. Subcommittees
    A. Generally--The Committee shall be organized to consist 
of six standing subcommittees with the following jurisdiction:
    1. Subcommittee on Prevention of Nuclear and Biological 
Attack: Prevention of terrorist attacks on the United States 
involving nuclear and biological weapons, including the 
Department of Homeland Security's role in nuclear and 
biological counter-proliferation and detection of fissile 
materials, biological weapons, precursors, and production 
equipment; the Department of Homeland Security's role in 
detecting and interdicting commerce in and transit of nuclear 
and biological weapons, components, precursors, delivery 
systems, and production equipment; development and deployment 
of sensors to detect nuclear and biological weapons, 
components, precursors, and production equipment; inspections 
conducted domestically and abroad to detect and interdict 
nuclear and biological weapons, components, precursors, 
delivery systems, and production equipment; nuclear and 
biological threat certification and characterization; 
preventative use of technology, including forensic analytic 
techniques, to attribute nuclear and biological weapons-related 
samples to their sources; border, port, and transportation 
security designed to prevent nuclear and biological attacks on 
the United States; integration of federal, state, and local 
efforts to prevent nuclear and biological attacks, including 
coordination of border security initiatives for this purpose; 
conducting relevant oversight; and other matters referred to 
the Subcommittee by the Chairman.
    2. Subcommittee on Intelligence, Information Sharing, and 
Terrorism Risk Assessment: Intelligence and information sharing 
for the purpose of preventing, preparing for, and responding to 
potential terrorist attacks on the United States; the 
responsibility of the Department of Homeland Security for 
comprehensive, nationwide, terrorism-related threat, 
vulnerability, and risk analyses; the integration, analysis, 
and dissemination of homeland security information, including 
the Department of Homeland Security's participation in, and 
interaction with, other public and private sector entities for 
any of those purposes; communications of terrorism-related 
information by the federal government to State, local, and 
private sector entities; issuance of terrorism threat 
advisories and warnings (including administration of the 
Homeland Security Advisory System); liaison of the Department 
of Homeland Security with U.S. intelligence and law enforcement 
agencies; information gathering, analysis, and sharing by 
Department of Homeland Security entities; the role of 
intelligence in terrorism threat prioritization; conducting 
relevant oversight; and other matters referred to the 
Subcommittee by the Chairman.
    3. Subcommittee on Economic Security, Infrastructure 
Protection, and Cybersecurity: Development of strategies to 
protect against terrorist attack against the United States; 
prioritizing risks through analytical tools and cost/benefit 
analyses; prioritizing investment in critical infrastructure 
protection across all sectors, including transportation (air, 
land, sea, and intermodal, both domestic and international); 
defeating terrorist efforts to inflict economic costs through 
threats and violence; mitigation of potential consequences of 
terrorist attacks on critical infrastructure, and related 
target hardening strategies; border, port, and transportation 
security; in the wake of an attack on one sector, ensuring the 
continuity of other sectors including critical government, 
business, health, financial, commercial, and social service 
functions; security of computer, telecommunications, 
information technology, industrial control systems, electronic 
infrastructure, and data systems; protecting government and 
private networks and computer systems from domestic and foreign 
attack; preventing potential injury to civilian populations and 
physical infrastructure resulting, directly or indirectly, from 
cyber attacks; with respect to each of the foregoing, assessing 
the impact of potential protective measures on the free flow of 
commerce and the promotion of economic growth; conducting 
relevant oversight; and other matters referred to the 
Subcommittee by the Chairman.
    4. Subcommittee on Management, Integration, and Oversight: 
Oversight of Department of Homeland Security progress in 
implementing the management and organizational directives of 
the Homeland Security Act and other homeland security-related 
mandates; Department of Homeland Security offices responsible 
for the provision of department-wide services, including the 
Under Secretary for Management, the Chief Information Officer, 
and the Chief Financial Officer; cross-directorate, Department-
wide standardization and programmatic initiatives; 
investigations and reports by the Inspector General of the 
Department of Homeland Security; standardization and security 
of Department of Homeland Security communications systems and 
information technology infrastructure; harmonization and 
effectiveness of Department of Homeland Security budgeting, 
acquisition, procurement, personnel, and financial management 
systems; incentives and barriers to hiring that affect 
Department components; Department of Homeland Security-
initiated internal reorganizations; conducting relevant 
oversight; and other matters referred to the Subcommittee by 
the Chairman.
    5. Subcommittee on Emergency Preparedness, Science, and 
Technology: Preparedness for and collective response to 
terrorism, including federal support to first responders; 
terrorism-related incident management and response; consequence 
mitigation; Department of Homeland Security-administered 
homeland security grants to first responders; conduct and 
coordination of exercises and training relating to mitigating 
the effects of and responding to terrorist attacks (including 
nuclear, biological, radiological, and chemical attacks on 
civilian populations); federal government coordination of 
terrorism-related emergency preparedness and response with and 
among state and local governments, the private sector, and the 
public; research, development and deployment of technology for 
combating terrorism; adaptation of existing technologies to 
homeland security prevention priorities; coordination and 
enhancement of Department of Homeland Security interaction on 
science and technology matters with the private sector, 
federally funded research and development centers, educational 
institutions, the National Laboratories, and other scientific 
resources; Department of Homeland Security-based science and 
technology entities and initiatives; conducting relevant 
oversight; and other matters referred to the Subcommittee by 
the Chairman.
    6. Subcommittee on Investigations: Conduct of 
investigations into matters within the jurisdiction of the full 
Committee and referred to the subcommittee by the Chairman.
    B. Powers and Duties of Subcommittees--Unless otherwise 
directed by the Chairman of the full Committee, each 
subcommittee is authorized to meet, hold hearings, receive 
testimony, mark up legislation, and report to the Committee on 
all matters within its jurisdiction, except that the 
Subcommittee on Investigations shall have no authority to mark 
up legislation. Subcommittee Chairmen, in consultation with the 
Ranking Members of the respective subcommittees, shall set 
hearing and meeting dates only with the approval of the 
Chairman of the Committee, in consultation with the Ranking 
Member of the Committee.
    C. Selection and Ratio of Subcommittee Members--The 
Chairman and Ranking Member shall select their respective 
Members of each Subcommittee. The ratio of majority to minority 
Members shall be comparable to the ratio of majority to 
minority Members on the full Committee, except that each 
subcommittee shall have at least two more majority Members than 
minority Members.
    D. Ex Officio Members--The Chairman and the Ranking 
Minority Member of the Committee shall be ex officio members of 
all subcommittees, with full rights as a member of each 
subcommittee. They are authorized to vote on all matters that 
arise before any subcommittee, and may be counted for purposes 
of establishing a quorum in such subcommittees.
    E. Special Voting Provision--If a tie vote occurs in a 
subcommittee on the question of reporting any measure to the 
full Committee, the measure shall be placed on the agenda for 
full Committee consideration as if it had been ordered reported 
by the subcommittee without recommendation.
    V. Committee Staff
    A. Generally--Members of the Committee staff shall work 
collegially, with discretion, and always with the best 
interests of the Nation's security foremost in mind. Committee 
business shall, whenever possible, take precedence over other 
official and personal business. For the purpose of these rules, 
Committee staff means the employees of the Committee, 
consultants engaged by the Committee, and any other person 
engaged by contract, or otherwise, to perform services for, or 
at the request of, the Committee, including detailees and 
fellows. All such persons shall be subject to the same 
requirements as employees of the Committee under this rule. To 
be employed or otherwise engaged by the Committee, an 
individual must be eligible to be considered for routine (non-
limited) access to classified information.
    B. Staff Assignments--All Committee staff shall be staff 
of, and engaged by, the full Committee. Committee staff shall 
be either majority, minority, or joint. Majority staff shall be 
designated by and assigned to the Chairman. Minority staff 
shall be designated by and assigned to the Ranking Minority 
Member. Joint Committee staff shall be designated by the 
Chairman, in consultation with the Ranking Minority Member, and 
assigned to service of the full Committee. The Chairman shall 
certify Committee staff appointments, including appointments by 
the Ranking Minority Member and joint staff appointments, to 
the Clerk of the House in writing.
    C. Joint Committee Staff--The Chairman and Ranking Minority 
Member may agree to employ joint Committee staff, with duties 
as mutually agreed. Such joint Committee staff works for the 
Committee as a whole, under the supervision and direction of 
the Staff Director of the Committee.
    D. Notification of Testimony--No member of the Committee 
staff shall be employed by the Committee unless and until such 
person agrees in writing, as a condition of employment, to 
notify the Committee of any request for testimony, either while 
a member of the Committee staff or at any time thereafter, with 
respect to classified information which came into the staff 
member's possession by virtue of his or her position as a 
member of the Committee staff. Such classified information 
shall not be disclosed in response to such requests except as 
authorized by the Committee.
    E. Divulgence of Information--Prior to the public 
acknowledgement by the Chairman or the Committee of a decision 
to initiate an investigation of a particular person, entity, or 
subject, no member of the Committee staff shall divulge to any 
person any information, including non-classified information, 
which comes into his or her possession by virtue of his or her 
status as a member of the Committee staff, if such information 
may alert the subject of a Committee investigation to the 
existence, nature, or substance of such investigation, unless 
authorized to do so by the Chairman or the Committee.
    VI. Member and Staff Travel
    A. Approval of Travel--Consistent with the primary expense 
resolution and such additional expense resolutions as may have 
been approved, travel to be reimbursed from funds set aside for 
the Committee for any Member or any Committee staff shall be 
paid only upon the prior authorization of the Chairman. Travel 
may be authorized by the Chairman for any Member and any 
Committee staff only in connection with official Committee 
business, such as the attendance of hearings conducted by the 
Committee and meetings, conferences, site visits, and 
investigations that involve activities or subject matter under 
the general jurisdiction of the Committee.
    1. Proposed Travel by Majority Party Members and Staff--In 
the case of proposed travel by majority party Members or 
Committee staff, before such authorization is given, there 
shall be submitted to the Chairman in writing the following: 
(a) the purpose of the travel; (b) the dates during which the 
travel is to be made and the date or dates of the event for 
which the travel is being made; (c) the location of the event 
for which the travel is to be made; and (d) the names of 
Members and staff seeking authorization. On the basis of that 
information, the Chairman shall determine whether the proposed 
travel is for official Committee business, concerns subject 
matter within the jurisdiction of the Committee, and is not 
excessively costly in view of the Committee business proposed 
to be conducted.
    2. Proposed Travel by Minority Party Members and Staff--In 
the case of proposed travel by minority party Members or 
Committee staff, the Ranking Minority Member shall provide to 
the Chairman a written representation setting forth the 
information specified in items (a), (b), (c), and (d) of 
subparagraph (1) and his or her determination that such travel 
complies with the other requirements of subparagraph (1).
    3. Foreign Travel--All Committee Member and staff requests 
for Committee-funded foreign travel must be submitted to the 
Chairman, through the Chief Financial Officer of the Committee, 
not less than seven business days prior to the start of the 
travel. Within 60 days of the conclusion of any such foreign 
travel authorized under this rule, there shall be submitted to 
the Chairman a written report summarizing the information 
gained as a result of the travel in question, or other 
Committee objectives served by such travel.
    VII. Committee Records
    A. Legislative Calendar--The Clerk of the Committee shall 
maintain a printed calendar for the information of each 
Committee Member showing any procedural or legislative measures 
considered or scheduled to be considered by the Committee, and 
the status of such measures and such other matters as the 
Committee determines shall be included. The calendar shall be 
revised from time to time to show pertinent changes. A copy of 
such revisions shall be made available to each Member of the 
Committee upon request.
    B. Members Right To Access--Members of the Committee and of 
the House shall have access to all official Committee records. 
Access to Committee files shall be limited to examination 
within the Committee offices at reasonable times. Access to 
Committee records that contain classified information shall be 
provided in a manner consistent with section VIII of these 
rules.
    C. Removal of Records--Files and records of the Committee 
are not to be removed from the Committee offices. No Committee 
files or records that are not made publicly available shall be 
photocopied by any Member.
    D. Executive Session Records--Evidence or testimony 
received by the Committee in executive session shall not be 
released or made available to the public unless agreed to by 
the Committee. Members may examine the Committee's executive 
session records, but may not make copies of, or take personal 
notes from, such records.
    E. Public Inspection--The Committee shall keep a complete 
record of all Committee action including recorded votes. 
Information so available for public inspection shall include a 
description of each amendment, motion, order or other 
proposition and the name of each Member voting for and each 
Member voting against each such amendment, motion, order, or 
proposition, as well as the names of those Members present but 
not voting. Such record shall be made available to the public 
at reasonable times within the Committee offices.
    F. Separate and Distinct--All Committee records and files 
must be kept separate and distinct from the office records of 
the Members serving as Chairman and Ranking Minority Member. 
Records and files of Members' personal offices shall not be 
considered records or files of the Committee.
    G. Disposition of Committee Records--At the conclusion of 
the 109th Congress, the records of the Committee shall be 
delivered to the Archivist of the United States in accordance 
with Rule VII of the Rules of the House.
    H. Archived Records--The records of the Committee at the 
National Archives and Records Administration shall be made 
available for public use in accordance with Rule VII of the 
Rules of the House. The Chairman shall notify the Ranking 
Minority Member of any decision, pursuant to clause 3(b)(3) or 
clause 4(b) of the Rule, to withhold a record otherwise 
available, and the matter shall be presented to the Committee 
for a determination on the written request of any member of the 
Committee. The Chairman shall consult with the Ranking Minority 
Member on any communication from the Archivist of the United 
States or the Clerk of the House concerning the disposition of 
noncurrent records pursuant to clause 3(b) of the Rule.
    VIII. Classified and Other Confidential Information
    A. Security Precautions--Committee staff offices, including 
majority and minority offices, shall operate under strict 
security precautions administered by the Security Officer of 
the Committee. A security officer shall be on duty at all times 
during normal office hours. Sensitive or classified documents 
may be examined only in an appropriately secure manner. Removal 
from the secure area of the Committee's offices of such 
documents and other materials is prohibited except with leave 
of the Chairman for use in furtherance of Committee business, 
in accordance with applicable security procedures.
    B. Temporary Custody of Executive Branch Material--
Executive branch documents or other materials containing 
classified information in any form that were not made part of 
the record of a Committee hearing, did not originate in the 
Committee or the House, and are not otherwise records of the 
Committee shall, while in the custody of the Committee, be 
segregated and maintained by the Committee in the same manner 
as Committee records that are classified. Such documents and 
other materials shall be returned to the Executive branch 
agency from which they were obtained at the earliest 
practicable time.
    C. Access by Committee Staff--Access to classified 
information supplied to the Committee shall be limited to 
Committee staff members with appropriate security clearance and 
a need-to-know, as determined by the Committee, and under the 
Committee's direction, the Majority and Minority Staff 
Directors.
    D. Maintaining Confidentiality--No Member of the Committee 
or Committee staff shall disclose, in whole or in part or by 
way of summary, to any person who is not a Member of the 
Committee or an authorized member of Committee staff for any 
purpose or in connection with any proceeding, judicial or 
otherwise, any testimony given before the Committee in 
executive session. Classified information shall be handled in 
accordance with all applicable provisions of law and consistent 
with the provisions of these rules.
    E. Oath--Before a Member or Committee staff member may have 
access to classified information, the following oath (or 
affirmation) shall be executed:

          I do solemnly swear (or affirm) that I will not 
        disclose any classified information received in the 
        course of my service on the Committee on Homeland 
        Security, except as authorized by the Committee or the 
        House of Representatives or in accordance with the 
        Rules of such Committee or the Rules of the House.

Copies of the executed oath (or affirmation) shall be retained 
by the Clerk as part of the records of the Committee.
    F. Disciplinary Action--The Chairman shall immediately 
consider disciplinary action in the event any member of the 
Committee staff fails to conform to the provisions of these 
rules governing the disclosure of classified or unclassified 
information. Such disciplinary action may include, but shall 
not be limited to, immediate dismissal from the Committee 
staff, criminal referral to the Justice Department, and 
notification of the Speaker of the House. With respect to 
minority party staff, the Chairman shall consider such 
disciplinary action in consultation with the Ranking Minority 
Member.
    IX. Changes to Committee Rules
    These rules may be modified, amended, or repealed by the 
Committee provided that a notice in writing of the proposed 
change has been given to each Member at least 48 hours prior to 
the meeting at which action thereon is to be taken.

 Appendix II--Membership Changes to the Committee on Homeland Security 
                         and Its Subcommittees

    During the 109th Congress, the Membership of the Committee 
on Homeland Security changed; this Appendix sets forth those 
changes.
    When the 109th Congress convened on January 4, 2005, the 
House of Representatives established the Committee on Homeland 
Security, pursuant to the provisions of H. Res. 5. On January 
6, 2005, the Chairman and Ranking Member were appointed by 
voice vote pursuant to H. Res. 32 and H. Res. 33, respectively. 
On February 9, 2005, the Majority and Minority Members of the 
Committee on Homeland Security were appointed after adoption of 
H. Res. 73 and H. Res. 74, respectively. Pursuant to the 
adoption of these resolutions, the size of the Committee on 
Homeland Security was set at 34 Members, 19 Republicans and 15 
Democrats.

   CHRISTOPHER COX, California, 
             Chairman

Bennie G. Thompson, Mississippi      Don Young, Alaska
Loretta Sanchez, California          Lamar S. Smith, Texas
Edward J. Markey, Massachusetts      Curt Weldon, Pennsylvania, Vice 
Norman D. Dicks, Washington          Chairman
Jane Harman, California              Christopher Shays, Connecticut
Peter A. DeFazio, Oregon             Peter T. King, New York
Nita M. Lowey, New York              John Linder, Georgia
Eleanor Holmes Norton, District of Columbia. Souder, Indiana
Zoe Lofgren, California              Tom Davis, Virginia
Sheila Jackson-Lee, Texas            Daniel E. Lungren, California
Bill Pascrell, Jr., New Jersey       Jim Gibbons, Nevada
Donna M. Christensen, U.S. Virgin IslandsSimmons, Connecticut
Bob Etheridge, North Carolina        Mike Rogers, Alabama
James R. Langevin, Rhode Island      Stevan Pearce, New Mexico
Kendrick B. Meek, Florida            Katherine Harris, Florida
                                     Bobby Jindal, Louisiana
                                     David G. Reichert, Washington
                                     Michael McCaul, Texas
                                     Charles W. Dent, Pennsylvania

                                 ------                                

    The Subcommittees on Homeland Security were established 
after the Committee met, and approved the Rules of the 
Committee on February 9, 2005. The Committee appointed Members 
to the Subcommittees as follows:

      Subcommittee on Prevention of Nuclear and Biological Attack
                                 (8-6)

  JOHN LINDER, Georgia, Chairman

James R. Langevin, Rhode Island      Don Young, Alaska
Edward J. Markey, Massachusetts      Christopher Shays, Connecticut
Norman D. Dicks, Washington          Daniel E. Lungren, California
Jane Harman, California              Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) McCaul, Texas
                                     Christopher Cox, California (Ex 
                                     Officio)

 Subcommittee on Intelligence, Information Sharing, and Terrorism Risk 
                               Assessment
                                 (10-8)

ROB SIMMONS, Connecticut, Chairman

Zoe Lofgren, California              Curt Weldon, Pennsylvania
Loretta Sanchez, California          Peter T. King, New York
Jane Harman, California              Mark E. Souder, Indiana
Nita M. Lowey, New York              Daniel E. Lungren, California
Sheila Jackson-Lee, Texas            Jim Gibbons, Nevada
Bob Etheridge, North Carolina        Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Bobby Jindal, Louisiana
Kendrick B. Meek, Florida            David G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
                                     Christopher Cox, California (Ex 
                                     Officio)

   Subcommittee on Economic Security, Infrastructure Protection, and 
                             Cybersecurity
                                 (10-8)

  DANIEL E. LUNGREN, California, 
             Chairman

Loretta Sanchez, California          Don Young, Alaska
Edward J. Markey, Massachusetts      Lamar S. Smith, Texas
Norman D. Dicks, Washington          John Linder, Georgia
Peter A. DeFazio, Oregon             Mark E. Souder, Indiana
Zoe Lofgren, California              Tom Davis, Virginia
Sheila Jackson-Lee, Texas            Mike Rogers, Alabama
Bill Pascrell, Jr., New Jersey       Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
                                     Christopher Cox, California (Ex 
                                     Officio)

         Subcommittee on Management, Integration and Oversight
                                 (8-6)

  MIKE ROGERS, Alabama, Chairman

Kendrick B. Meek, Florida            Christopher Shays, Connecticut
Nita M. Lowey, New York              John Linder, Georgia
Zoe Lofgren, California              Tom Davis, Virginia
Sheila Jackson-Lee, Texas            Katherine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bob Etheridge, North Carolina        Michael McCaul, Texas
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
                                     Christopher Cox, California (Ex 
                                     Officio)

    Subcommittee on Emergency Preparedness, Science, and Technology
                                 (10-8)

 PETER T. KING, New York, Chairman

Bill Pascrell, Jr., New Jersey       Lamar S. Smith, Texas
Loretta Sanchez, California          Curt Weldon, Pennsylvania
Norman D. Dicks, Washington          Rob Simmons, Connecticut
Jane Harman, California              Mike Rogers, Alabama
Nita M. Lowey, New York              Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bob Etheridge, North Carolina        Michael McCaul, Texas
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
                                     Christopher Cox, California (Ex 
                                     Officio)

                                 ------                                

    On August 2, 2005, Mr. Christopher Cox of California, 
Chairman of the Committee, resigned as a Member of the House of 
Representatives after the Senate confirmed his nomination to be 
a Member of the Securities and Exchange Commission for the term 
expiring June 5, 2009, on July 29, 2005.
    On September 15, 2005, Mr. Peter T. King of New York was 
appointed Chairman of the Committee on Homeland Security, and 
Ms. Ginny Brown-Waite of Florida was appointed to the Committee 
to rank after Mr. Dent pursuant to H. Res. 445. The size of the 
Committee was retained.

 PETER T. KING, New York, Chairman

Bennie G. Thompson, Mississippi      Don Young, Alaska
Loretta Sanchez, California          Lamar S. Smith, Texas
Edward J. Markey, Massachusetts      Curt Weldon, Pennsylvania, Vice 
Norman D. Dicks, Washington          Chairman
Jane Harman, California              Christopher Shays, Connecticut
Peter A. DeFazio, Oregon             John Linder, Georgia
Nita M. Lowey, New York              Mark E. Souder, Indiana
Eleanor Holmes Norton, District of Columbiavis, Virginia
Zoe Lofgren, California              Daniel E. Lungren, California
Sheila Jackson-Lee, Texas            Jim Gibbons, Nevada
Bill Pascrell, Jr., New Jersey       Rob Simmons, Connecticut
Donna M. Christensen, U.S. Virgin Islands Rogers, Alabama
Bob Etheridge, North Carolina        Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Katherine Harris, Florida
Kendrick B. Meek, Florida            Bobby Jindal, Louisiana
                                     David G. Reichert, Washington
                                     Michael McCaul, Texas
                                     Charles W. Dent, Pennsylvania
                                     Ginny Brown-Waite, Florida

                                 ------                                

    Following the appointment of Mr. Peter T. King as Chairman 
of the Committee on Homeland Security, the Committee met on 
October 7, 2005, and established a Subcommittee on 
Investigations, and appointed Members to the Subcommittees as 
follows:

      Subcommittee on Prevention of Nuclear and Biological Attack
                                 (8-6)

  JOHN LINDER, Georgia, Chairman

James R. Langevin, Rhode Island      Don Young, Alaska
Edward J. Markey, Massachusetts      Christopher Shays, Connecticut
Norman D. Dicks, Washington          Daniel E. Lungren, California
Jane Harman, California              Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
                                     Peter T. King, New York (Ex 
                                     Officio)

   Subcommittee on Economic Security, Infrastructure Protection, and 
                             Cybersecurity
                                 (9-7)

  DANIEL E. LUNGREN, California, 
             Chairman

Loretta Sanchez, California          Don Young, Alaska
Edward J. Markey, Massachusetts      Lamar S. Smith, Texas
Norman D. Dicks, Washington          John Linder, Georgia
Peter A. DeFazio, Oregon             Mark E. Souder, Indiana
Zoe Lofgren, California              Mike Rogers, Alabama
Sheila Jackson-Lee, Texas            Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
                                     Peter T. King, New York (Ex 
                                     Officio)

 Subcommittee on Intelligence, Information Sharing, and Terrorism Risk 
                               Assessment
                                 (9-7)

ROB SIMMONS, Connecticut, Chairman

Zoe Lofgren, California              Curt Weldon, Pennsylvania
Loretta Sanchez, California          Mark E. Souder, Indiana
Jane Harman, California              Daniel E. Lungren, California
Nita M. Lowey, New York              Jim Gibbons, Nevada
Sheila Jackson-Lee, Texas            Stevan Pearce, New Mexico
James R. Langevin, Rhode Island      Bobby Jindal, Louisiana
Kendrick B. Meek, Florida            Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

         Subcommittee on Management, Integration and Oversight
                                 (7-5)

  MIKE ROGERS, Alabama, Chairman

Kendrick B. Meek, Florida            John Linder, Georgia
Edward J. Markey, Massachusetts      Mark E. Souder, Indiana
Zoe Lofgren, California              Tom Davis, Virginia
Sheila Jackson-Lee, Texas            Katherine Harris, Florida
Bill Pascrell, Jr., New Jersey       David G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio) T. McCaul, Texas
                                     Peter T. King, New York (Ex 
                                     Officio)

    Subcommittee on Emergency Preparedness, Science, and Technology
                                 (10-8)

  DAVID G. REICHERT, Washington, 
             Chairman

Bill Pascrell, Jr., New Jersey       Lamar S. Smith, Texas
Loretta Sanchez, California          Curt Weldon, Pennsylvania
Norman D. Dicks, Washington          Rob Simmons, Connecticut
Jane Harman, California              Mike Rogers, Alabama
Nita M. Lowey, New York              Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsael T. McCaul, Texas
Bob Etheridge, North Carolina        Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

                     Subcommittee on Investigations
                                 (5-3)

MICHAEL T. MCCAUL, Texas, Chairman

Bob Etheridge, North Carolina        Christopher Shays, Connecticut
Bill Pascrell, Jr., New Jersey       Daniel E. Lungren, California
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
                                     Peter T. King, New York (Ex 
                                     Officio)

                   Appendix III--List of Public Laws

----------------------------------------------------------------------------------------------------------------
             Public Law                   Date Approved               Bill                      Title
----------------------------------------------------------------------------------------------------------------
109-13.............................  May 11, 2005..........  H.R. 1268, (H.R. 418).  ``Emergency Supplemental
                                                                                      Appropriations Act for
                                                                                      Defense, the Global War on
                                                                                      Terror, and Tsunami
                                                                                      Relief, 2005.''
                                                                                     Making Emergency
                                                                                      Supplemental
                                                                                      Appropriations for
                                                                                      Defense, the Global War on
                                                                                      Terror, and Tsunami
                                                                                      Relief, for the fiscal
                                                                                      year ending September 30,
                                                                                      2005, and for other
                                                                                      purposes.
109-59.............................  August 10, 2005.......  H.R. 3................  ``Safe, Accountable,
                                                                                      Flexible, Efficient
                                                                                      Transportation Equity Act:
                                                                                      A Legacy for Users'' or
                                                                                      ``SAFETEA-LU''
                                                                                     To authorize funds for
                                                                                      Federal-aid highways,
                                                                                      highway safety programs,
                                                                                      and transit programs, and
                                                                                      for other purposes.
109-90.............................  October 18, 2005......  H.R. 2360.............  ``Department of Homeland
                                                                                      Security Appropriations
                                                                                      Act, 2006.''
                                                                                     Making appropriations for
                                                                                      the Department of Homeland
                                                                                      Security for the fiscal
                                                                                      year ending September 30,
                                                                                      2006, and for other
                                                                                      purposes.
109-177............................  March 9, 2006.........  H.R. 3199.............  ``USA PATRIOT Improvement
                                                                                      and Reauthorization Act of
                                                                                      2005.''
                                                                                     To extend and modify
                                                                                      authorities needed to
                                                                                      combat terrorism, and for
                                                                                      other purposes.
109-241............................  July 11, 2006.........  H.R. 889..............  ``Coast Guard and Maritime
                                                                                      Transportation Act of
                                                                                      2006.''
                                                                                     To authorize appropriations
                                                                                      for the Coast Guard for
                                                                                      fiscal year 2006, to make
                                                                                      technical corrections to
                                                                                      various laws administered
                                                                                      by the Coast Guard, and
                                                                                      for other purposes.
109-347............................  October 13, 2006......  H.R. 4954.............  ``Security and
                                                                                      Accountability For Every
                                                                                      Port Act or the SAFE Port
                                                                                      Act.''
                                                                                     To improve maritime and
                                                                                      cargo security through
                                                                                      enhanced layered defenses,
                                                                                      and for other purposes.
109-367............................  October 26, 2006......  H.R. 6061.............  ``Secure Fence Act of
                                                                                      2006.''
                                                                                     To establish operational
                                                                                      control over the
                                                                                      international land and
                                                                                      maritime borders of the
                                                                                      United States.
----------------------------------------------------------------------------------------------------------------


                    Appendix IV--Legislative Status

                              PUBLIC LAWS

    H.R. 3 (H. Res. 140) (H. Res. 144) (H. Res. 399) (H. Con. 
Res. 226) (S. 732).--Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users. To authorize 
funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. Referred to 
Transportation and Infrastructure Feb. 9, 2005. Reported 
amended Mar. 7, 2005; (H. Rpt. 109-12). Supplemental report 
filed Mar. 8, 2005; Pt. II. Considered in the House Mar. 9, 
2005. Passed House, amended, Mar. 10, 2005 (417-9). Received in 
Senate Mar. 20, 2005. Considered in Senate Apr. 26, 27, 28, May 
9, 10, 11, 12, 13, 16, 2005. Passed Senate with amendment May 
17, 2005. Conference Report filed in the House July 28, 2005; 
(H. Rpt. 109-203). House agreed to Conference Report July 29, 
2005 (412-8). Senate agreed to conference report July 29, 2005 
(91-4). Presented to the President Aug. 10, 2005. Approved Aug. 
10, 2005. Public Law 109-59.
    H.R. 3199 (H. Res. 369) (H. Res. 595) (S. 1266) (S. 
1389).--USA PATRIOT Improvement and Reauthorization Act of 
2005. To extend and modify authorities needed to combat 
terrorism, and for other purposes. Referred to the Judiciary 
and in addition to Intelligence July 11, 2005. Reported amended 
from the Judiciary July 18, 2005; (H. Rpt. 109-174, Pt. I.) 
Reported amended from Intelligence July 18, 2005; (H. Rpt. 109-
174, Pt. II.) Union Calendar. Passed House amended July 21, 
2005 (257-171). Received in Senate July 25, 2005. Passed Senate 
with amendment July 29, 2005. Conference Report filed in the 
House Dec. 8, 2005; (H. Rpt. 109-333). House agreed to 
conference report Dec. 14, 2005 (251-174). Conference Report 
considered in Senate Dec. 14, 15, 16, 2005, Mar. 1, 2006. 
Senate agreed to Conference Report Mar. 2, 2006 (89-10). 
Presented to the President Mar. 8, 2006. Approved Mar. 9, 2006. 
Public Law 109-177.
    H.R. 889 (H. Res. 440) (S. 1280) (S. Con. Res. 103).--Coast 
Guard and Maritime Transportation Act of 2006. To authorize 
appropriations for the Coast Guard for fiscal year 2006, to 
make technical corrections to various laws administered by the 
Coast Guard, and for other purposes. Referred to Transportation 
and Infrastructure Feb. 17, 2005. Reported amended July 28, 
2005; H. Rpt. 109-204, Pt. I. Referred to Homeland Security 
July 28, 2005 for a period ending not later than July 29, 2005. 
Homeland Security discharged July 29, 2005. Union Calendar. 
Passed House amended Sept. 15, 2005; Roll No. 474: 415-0. 
Received in Senate and referred to Commerce, Science and 
Transportation Sept. 19, 2005. Committee discharged. Passed 
Senate with amendment Oct. 27, 2005. Senate insisted on its 
amendment and asked for a conference Oct. 27, 2005. House 
disagreed to Senate amendment and agreed to a conference Nov. 
3, 2005. Conference report filed in the House Apr. 6, 2006; H. 
Rpt. 109-413. House considered conference report under 
suspension of the rules June 26, 2006. House agreed to 
conference report under suspension of the rules June 27, 2006; 
Roll No. 320: 413-0. Senate agreed to conference report June 
27, 2006. Senate vitiated action on the conference report June 
27, 2006. Senate agreed to conference report June 28, 2006. 
Presented to the President June 30, 2006. Approved July 12, 
2006. Public Law 109-241.
    H.R. 5441 (H. Res. 836) (H. Res. 1054).--Department of 
Homeland Security Appropriations Act, 2007. Making 
appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes. 
Reported from Appropriations May 22, 2006; H. Rpt. 109-476. 
Union Calendar. Considered May 25, 2006. Passed House amended 
June 6, 2006; Roll No. 226: 389-9. Received in Senate and 
referred to Appropriations June 7, 2006. Reported with 
amendment June 29, 2006; H. Rpt. 109-273. Considered July 10, 
11, 12, 2006. Passed Senate with amendment July 13, 2006; Roll 
No. 203: 100-0. Senate insisted on its amendment and asked for 
a conference July 13, 2006. House disagreed to Senate amendment 
and agreed to a conference Sept. 21, 2006. Conference report 
filed in the House Sept. 28, 2006; H. Rpt. 109-699. House 
agreed to conference report Sept. 29, 2006; Roll No. 509: 412-
6. Senate agreed to conference report Sept. 29, 2006. Presented 
to the President Oct. 3, 2006. Approved Oct. 4, 2006. Public 
Law 109-295.
    H.R. 4954 (H. Res. 789) (H. Res. 1064) (S. 2008) (S. 
2459).--SAFE Port Act. To improve maritime and cargo security 
through enhanced layered defenses, and for other purposes. 
Referred to Homeland Security Mar. 14, 2006. Reported amended 
Apr. 28, 2006; H. Rpt. 109-447, Pt. I. Referred to 
Transportation and Infrastructure Apr. 28, 2006 for a period 
ending not later than May 1, 2006. Transportation and 
Infrastructure discharged May 1, 2006. Union Calendar. Passed 
House amended May 4, 2006; Roll No. 127: 421-2. Received in 
Senate May 8, 2006. Ordered placed on the calendar May 16, 
2006. Considered Sept. 7 (Legislative day of Sept. 6), 8, 11, 
12, 13, 2006. Passed Senate with amendment Sept. 14, 2006; Roll 
No. 249: 98-0. Senate insisted on its amendment and asked for a 
conference Sept. 19, 2006. House disagreed to Senate amendment 
and agreed to a conference Sept. 28, 2006. Conference report 
filed in the House Sept. 29, 2006; Rept. 109-711. House agreed 
to conference report Sept. 30 (Legislative day of Sept. 29), 
2006; Roll No. 516: 409-2. Senate agreed to conference report 
Sept. 30 (Legislative day of Sept. 29), 2006. Presented to the 
President Oct. 3, 2006. Approved Oct. 13, 2006. Public Law 109-
347.
    H.R. 5441 (H. Res. 836) (H. Res. 1054).--Department of 
Homeland Security Appropriations Act, 2007. Making 
appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes. 
Reported from Appropriations May 22, 2006; H. Rpt. 109-476. 
Union Calendar. Considered May 25, 2006. Passed House amended 
June 6, 2006; Roll No. 226: 389-9. Received in Senate and 
referred to Appropriations June 7, 2006. Reported with 
amendment June 29, 2006; H. Rpt. 109-273. Considered July 10, 
11, 12, 2006. Passed Senate with amendment July 13, 2006; Roll 
No. 203: 100-0. Senate insisted on its amendment and asked for 
a conference July 13, 2006. House disagreed to Senate amendment 
and agreed to a conference Sept. 21, 2006. Conference report 
filed in the House Sept. 28, 2006; H. Rpt. 109-699. House 
agreed to conference report Sept. 29, 2006; Roll No. 509: 412-
6. Senate agreed to conference report Sept. 29, 2006. Presented 
to the President Oct. 3, 2006. Approved Oct. 4, 2006. Public 
Law 109-295.
    H.R. 6061 (H. Res. 1002).--Secure Fence Act of 2006. To 
establish operational control over the international land and 
maritime borders of the United States. Referred to Homeland 
Security Sept. 13, 2006. Passed House amended Sept. 14, 2006; 
Roll No. 446: 283-138. Received in Senate Sept. 14, 2006. 
Ordered placed on the calendar Sept. 15, 2006. Considered Sept. 
21, 25, 26, 28, 2006. Passed Senate Sept. 29, 2006; Roll No. 
262: 80-19. Presented to the President Oct. 23, 2006. Approved 
Oct. 26, 2006. Public Law 109-367.

                     LEGISLATION PASSED THE SENATE

    H. Con. Res. 196.--Honoring the pilots of United States 
commercial air carriers who volunteer to participate in the 
Federal flight deck officer program. Referred to Homeland 
Security June 30, 2005. Rules suspended. Passed House Dec. 7, 
2005; Roll No. 614: 413-2. Received in Senate and referred to 
Commerce, Science and Transportation Dec. 12, 2005. Committee 
discharged. Passed Senate Dec. 22 (Legislative day of Dec. 21), 
2005.

                         LEGISLATION IN SENATE

    H.R. 418 (H. Res. 71) (H. Res. 75) (H. Res. 151) (H.R. 
1268).--REAL ID Act of 2005. To establish and rapidly implement 
regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing 
the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, and to ensure 
expeditious construction of the San Diego border fence. 
Referred to the Judiciary and in addition to Homeland Security, 
and Government Reform Jan. 26, 2005. Considered Feb. 9, 2005. 
Passed House amended Feb. 10, 2005; Roll No. 31: 261-161. 
Received in Senate Feb. 14, 2005. Referred to the Judiciary 
Feb. 17, 2005.
    H.R. 1544 (H. Res. 269).--Faster and Smarter Funding for 
First Responders Act of 2005. To provide faster and smarter 
funding for first responders, and for other purposes. Referred 
to Homeland Security Apr. 12, 2005. Reported amended Apr. 28, 
2005; H. Rpt. 109-65. Union Calendar. Passed House amended May 
12, 2005; Roll No. 170: 409-10. Received in Senate and referred 
to Homeland Security and Governmental Affairs May 12, 2005.
    H.R. 1817 (H. Res. 283).--Department of Homeland Security 
Authorization Act for Fiscal Year 2006. To authorize 
appropriations for fiscal year 2006 for the Department of 
Homeland Security, and for other purposes. Referred to Homeland 
Security Apr. 26, 2005. Reported amended from Homeland Security 
May 3, 2005; H. Rpt. 109-71, Pt. I. Referred to Energy and 
Commerce, Government Reform, the Judiciary, Science, 
Transportation and Infrastructure, Ways and Means, and 
Intelligence May 3, 2005 for a period ending not later than May 
13, 2005. Reported amended from Energy and Commerce May 13, 
2005; Pt. II. Reported amended from the Judiciary May 13, 2005; 
Pt. III. Government Reform, Science, Transportation and 
Infrastructure, Ways and Means, and Intelligence discharged May 
13, 2005. Union Calendar. Passed House amended May 18, 2005; 
Roll No. 189: 424-4. Received in Senate and referred to 
Homeland Security and Governmental Affairs May 19, 2005.
    H.R. 4437 (H. Res. 610) (H. Res. 621) (S. 2454) (S. 
2611).--Border Protection, Antiterrorism, and Illegal 
Immigration Control Act of 2005. To amend the Immigration and 
Nationality Act to strengthen enforcement of the immigration 
laws, to enhance border security, and for other purposes. 
Referred to the Judiciary and in addition to Homeland Security 
Dec. 6, 2005. Reported amended from the Judiciary Dec. 13, 
2005; H. Rpt. 109-345, Pt. I. Homeland Security discharged. 
Dec. 13, 2005. Referred to Education and the Workforce and Ways 
and Means Dec. 13, 2005 for a period ending not later than Dec. 
14, 2005. Education and the Workforce and Ways and Means 
discharged Dec. 14, 2005. Union Calendar. Considered Dec. 15, 
2005. Passed House amended Dec. 16, 2005; Roll No. 661: 239-
182. Received in Senate Dec. 17, 2005. Referred to the 
Judiciary Jan. 27, 2006.
    H.R. 4942.--Promoting Antiterrorism Capabilities Through 
International Cooperation Act. To establish a capability and 
office to promote cooperation between entities of the United 
States and its allies in the global war on terrorism for the 
purpose of engaging in cooperative endeavors focused on the 
research, development, and commercialization of high-priority 
technologies intended to detect, prevent, respond to, recover 
from, and mitigate against acts of terrorism and other high 
consequence events and to address the homeland security needs 
of Federal, State, and local governments. Referred to Homeland 
Security Mar. 14, 2006. Reported amended Sept. 25, 2006; H. 
Rpt. 109-674. Union Calendar. Rules suspended. Passed House 
amended Sept. 26, 2006. Received in Senate Sept. 27, 2006. 
Referred to Homeland Security and Governmental Affairs Nov. 13, 
2006.
    H.R. 5589.--To direct the Secretary of Homeland Security to 
transfer to United States Immigration and Customs Enforcement 
all functions of the Customs Patrol Officers unit operating on 
the Tohono O'odham Indian reservation. Referred to Homeland 
Security June 12, 2006. Rules suspended. Passed House July 10, 
2006. Received in Senate and referred to Homeland Security and 
Governmental Affairs July 11, 2006.
    H.R. 5852.--21st Century Emergency Communications Act of 
2006. To amend the Homeland Security Act of 2002 to enhance 
emergency communications at the Department of Homeland 
Security, and for other purposes. Referred to Energy and 
Commerce and in addition to Homeland Security July 20, 2006. 
Rules suspended. Passed House July 25, 2006; Roll No. 397: 414-
2. Received in Senate and referred to Homeland Security and 
Governmental Affairs July 26, 2006.
    H.R. 6160.--More Border Patrol Agents Now Act of 2006. To 
recruit and retain Border Patrol agents. Referred to Homeland 
Security and in addition to Government Reform Sept. 25, 2006. 
Rules suspended. Passed House Sept. 26, 2006. Received in 
Senate Sept. 27, 2006. Referred to Homeland Security and 
Governmental Affairs Nov. 13, 2006.
    H.R. 6162.--Secure Border Initiative Financial 
Accountability Act of 2006. To require financial accountability 
with respect to certain contract actions related to the Secure 
Border Initiative of the Department of Homeland Security. 
Referred to Homeland Security Sept. 25, 2006. Rules suspended. 
Passed House Sept. 28, 2006. Received in Senate Sept. 28, 2006. 
Referred to Homeland Security and Governmental Affairs Nov. 13, 
2006.

                    LEGISLATION PENDING IN THE HOUSE

    H.R. 4312.--Border Security and Terrorism Prevention Act of 
2005. To establish operational control over the international 
land and maritime borders of the United States, and for other 
purposes. Referred to Homeland Security and in addition to the 
Judiciary, and Armed Services Nov. 14, 2005. Reported amended 
from Homeland Security Dec. 6, 2005; H. Rpt. 109-329, Pt. I. 
The Judiciary and Armed Services discharged Dec. 6, 2005.
    H.R. 4941.--Homeland Security Science and Technology 
Enhancement Act of 2006. To reform the science and technology 
programs and activities of the Department of Homeland Security, 
and for other purposes. Referred to the Committee on Homeland 
Security Mar. 14, 2006. Reported amended from Homeland Security 
June 14, 2006. H. Rpt. 109-729, Part I. Energy and Commerce 
discharged Dec. 8, 2006.
    H. Res. 427.--Relating to the terrorist attacks against the 
United States on September 11, 2001. Referred to International 
Relations and in addition to Armed Services, Transportation and 
Infrastructure, the Judiciary, and Homeland Security Sept. 7, 
2005. Rules suspended. Passed House Sept. 8, 2005; Roll No. 
464: 402-6.
    H. Res. 463.--Of inquiry directing the Secretary of 
Homeland Security to provide certain information to the House 
of Representatives relating to the reapportionment of airport 
screeners. Referred to Homeland Security Sept. 27, 2005. 
Reported adversely Oct. 28, 2005; Rept. 109-259.
    H. Res. 809.--Directing the Secretary of the Department of 
Homeland Security to transmit to the House of Representatives 
not later than 14 days after the date of the adoption of this 
resolution documents in the Secretary's possession relating to 
any existing or previous agreement between the Department of 
Homeland Security and Shirlington Limousine and Transportation, 
Incorporated, of Arlington, Virginia. Referred to Homeland 
Security May 9, 2006. Reported adversely May 25, 2006; Rept. 
109-484.
    H. Res. 994 (H. Res. 996).--Expressing the sense of the 
House of Representatives on the fifth anniversary of the 
terrorist attacks launched against the United States on 
September 11, 2001. Referred to Government Reform and in 
addition to International Relations, Armed Services, 
Transportation and Infrastructure, Homeland Security, the 
Judiciary, and Intelligence Sept. 12, 2006. Passed House Sept. 
13, 2006; Roll No. 440: 395-22.

                   LEGISLATION REPORTED TO THE HOUSE

    H.R. 5351.--National Emergency Management Reform and 
Enhancement Act of 2006. To amend the Homeland Security Act of 
2002 to establish a Directorate of Emergency Management, to 
codify certain existing functions of the Department of Homeland 
Security, and for other purposes. Referred to Transportation 
and Infrastructure and in addition to Homeland Security, and 
Energy and Commerce May 11, 2006. Reported amended from 
Homeland Security Nov. 9, 2006; H. Rpt. 109-712, Pt. I.
    H.R. 5695 (S. 2145).--Chemical Facility Anti-terrorism Act 
of 2006. To amend the Homeland Security Act of 2002 to provide 
for the regulation of certain chemical facilities, and for 
other purposes. Referred to Homeland Security and in addition 
to Energy and Commerce June 28, 2006. Reported amended from 
Homeland Security Sept. 29, 2006; H. Rpt. 109-707, Pt. I. 
Referral to Energy and Commerce extended Sept. 29, 2006 for a 
period ending not later than Nov. 17, 2006.
    H.R. 5814.--Department of Homeland Security Authorization 
Act for Fiscal Year 2007. To authorize appropriations for the 
Department of Homeland Security, and for other purposes. 
Referred to Homeland Security July 17, 2006. Reported amended 
from Homeland Security Nov. 9, 2006; H. Rpt. 109-713, Pt. I. 
Referred to Ways and Means and Energy and Commerce Nov. 9, 2006 
for a period ending not later than Nov. 17, 2006.

                 LEGISLATION PENDING AT FULL COMMITTEE

    H.R. 1317 (S. 494).--Federal Employee Protection of 
Disclosures Act. To amend title 5, United States Code, to 
clarify which disclosures of information are protected from 
prohibited personnel practices; to require a statement in 
nondisclosure policies, forms, and agreements to the effect 
that such policies, forms, and agreements are consistent with 
certain disclosure protections; and for other purposes. 
Referred to Government Reform Mar. 15, 2005. Reported amended 
from Government Reform June 29, 2006; H. Rpt. 109-544, Pt. I. 
Referred to Armed Services June 29, 2006 for a period ending 
not later than Sept. 11, 2006. Referred to Homeland Security 
June 29, 2006 for a period ending not later than Sept. 11, 
2006. Referral to Armed Services and Homeland Security extended 
Sept. 11, 2006 for a period ending not later than Sept. 29, 
2006. Referral to Armed Services and Homeland Security extended 
Sept. 29, 2006 for a period ending not later than Nov. 17, 
2006.
    H.R. 4439.--Transportation Security Administration 
Reorganization Act of 2005. To establish an Airport Screening 
Organization in the Transportation Security Administration, and 
for other purposes. Referred to Homeland Security December 6, 
2005. Forwarded by Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity to Full Committee 
(Amended) by Voice Vote. Mar. 16, 2006.
    H.R. 4880.--Maritime Terminal Security Enhancement Act of 
2006. To direct the Commandant of the Coast Guard to require 
that a security plan for a maritime facility be resubmitted for 
approval upon transfer of ownership or operation of such 
facility, and for other purposes. Referred to Transportation 
and Infrastructure and in addition to Homeland Security Mar. 6, 
2006. Reported amended from Transportation and Infrastructure 
Sept. 29, 2006; H. Rpt. 109-709, Pt. I. Referral to Homeland 
Security extended Sept. 29, 2006 for a period ending not later 
than Nov. 17, 2006.
    H.R. 5001.--Homeland Security Information Security 
Enhancement Act of 2006. To amend the Homeland Security Act of 
2002 to enhance homeland security information sharing, and for 
other purposes. Referred to Homeland Security Mar. 16, 2006.
    H.R. 5002.--Homeland Security Information Sharing 
Partnerships Act of 2006. To amend the Homeland Security Act of 
2002 to provide for information sharing partnerships, and for 
other purposes. Referred to Homeland Security Mar. 16, 2006.
    H.R. 5003.--Homeland Security Open Source Intelligence 
Enhancement Act of 2006. To amend the Homeland Security Act of 
2002 to provide for the full and efficient use of open-source 
intelligence. Referred to Homeland Security Mar. 16, 2006.
    H.R. 5004.--To amend the Homeland Security Act of 2002 to 
provide for an Office of Intelligence and Analysis and an 
Office of Infrastructure Protection, and for other purposes. 
Referred to Homeland Security, and in addition to Intelligence 
(Permanent Select) Mar. 16, 2006.
    H.R. 5029.--Prevention of Nuclear Terrorism Act of 2006. To 
establish in the Department of Homeland Security a Domestic 
Nuclear Detection Office to improve the ability of the United 
States to detect and prevent acts of nuclear and radiological 
terrorism and to enhance coordination of such efforts across 
Federal agencies, and for other purposes. Referred to Homeland 
Security Mar. 28, 2006.
    H.R. 5316.--RESPOND Act of 2006. To reestablish the Federal 
Emergency Management Agency as a cabinet-level independent 
establishment in the executive branch that is responsible for 
the Nation's preparedness for, response to, recovery from, and 
mitigation against disasters, and for other purposes. Referred 
to Transportation and Infrastructure and in addition to 
Homeland Security, and Government Reform May 9, 2006. Reported 
amended from Government Reform June 22, 2006; H. Rpt. 109-519, 
Pt. I.
    H.R. 5604.--SAFE Truckers Act of 2006. To require motor 
vehicle operators transporting security sensitive material in 
commerce to obtain a permit from the Secretary of Homeland 
Security, and for other purposes. Referred to Homeland Security 
June 14, 2006. Subcommittee on Economic Security, 
Infrastructure Protection, and Cybersecurity Markup held Jun. 
22, 2006.

               Appendix V--Committee Legislative Reports

------------------------------------------------------------------------
 
------------------------------------------------------------------------
109-65........................  H.R. 1544........  To provide faster and
                                                    smarter funding for
                                                    first responders,
                                                    and for other
                                                    purposes. Faster and
                                                    Smarter Funding for
                                                    First Responders Act
                                                    of 2005. Filed April
                                                    28, 2005.
109-71, Pt. 1.................  H.R. 1817........  To authorize
                                                    appropriations for
                                                    fiscal year 2006 for
                                                    the Department of
                                                    Homeland Security,
                                                    and for other
                                                    purposes. Department
                                                    of Homeland Security
                                                    Authorization Act
                                                    for Fiscal Year
                                                    2006. Filed May 3,
                                                    2005.
109-259.......................  H. Res. 463......  Of inquiry directing
                                                    the Secretary of
                                                    Homeland Security to
                                                    provide certain
                                                    information to the
                                                    House of
                                                    Representatives
                                                    relating to the
                                                    reapportionment of
                                                    airport screeners.
                                                    Filed October 28,
                                                    2005.
109-329, Pt. 1................  H.R. 4312........  To establish
                                                    operational control
                                                    over the
                                                    international land
                                                    and maritime borders
                                                    of the United
                                                    States, and for
                                                    other purposes.
                                                    Border Security and
                                                    Terrorism Prevention
                                                    Act of 2005. Filed
                                                    December 6, 2005.
109-447, Pt. 1................  H.R. 4954........  To improve maritime
                                                    and cargo security
                                                    through enhanced
                                                    layered defenses,
                                                    and for other
                                                    purposes. Security
                                                    and Accountability
                                                    For Every Port Act
                                                    or the SAFE Port
                                                    Act. Filed April 28,
                                                    2006.
109-484.......................  H. Res. 809......  Directing the
                                                    Secretary of the
                                                    Department of
                                                    Homeland Security to
                                                    transmit to the
                                                    House of
                                                    Representatives not
                                                    later than 14 days
                                                    after the date of
                                                    the adoption of this
                                                    resolution documents
                                                    in the Secretary's
                                                    possession relating
                                                    to any existing or
                                                    previous agreement
                                                    between the
                                                    Department of
                                                    Homeland Security
                                                    and Shirlington
                                                    Limousine and
                                                    Transportation,
                                                    Incorporated, of
                                                    Arlington, Virginia.
                                                    Filed May 25, 2006.
109-674.......................  H.R. 4942........  To establish a
                                                    capability and
                                                    office to promote
                                                    cooperation between
                                                    entities of the
                                                    United States and
                                                    its allies in the
                                                    global war on
                                                    terrorism for the
                                                    purpose of engaging
                                                    in cooperative
                                                    endeavors focused on
                                                    the research,
                                                    development, and
                                                    commercialization of
                                                    high-priority
                                                    technologies
                                                    intended to detect,
                                                    prevent, respond to,
                                                    recover from, and
                                                    mitigate against
                                                    acts of terrorism
                                                    and other high
                                                    consequence events
                                                    and to address the
                                                    homeland security
                                                    needs of Federal,
                                                    State, and local
                                                    governments.
                                                    Promoting
                                                    Antiterrorism
                                                    Capabilities Through
                                                    International
                                                    Cooperation Act.
                                                    Filed March 14,
                                                    2006.
109-701, Pt. 1................  H.R. 5695........  To amend the Homeland
                                                    Security Act of 2002
                                                    to provide for the
                                                    regulation of
                                                    certain chemical
                                                    facilities, and for
                                                    other purposes.
                                                    Chemical Facility
                                                    Anti-Terrorism Act
                                                    of 2006. Filed
                                                    September 29, 2006.
109-711.......................  H.R. 4954          Conference Report to
                                 Conference         accompany H.R. 4954,
                                 Report.            Security and
                                                    Accountability For
                                                    Every Port Act or
                                                    the SAFE Port Act.
                                                    Filed September 29,
                                                    2006.
109-712, Pt. 1................  H.R. 5351........  To amend the Homeland
                                                    Security Act of 2002
                                                    to establish a
                                                    Directorate of
                                                    Emergency
                                                    Management, to
                                                    codify certain
                                                    existing functions
                                                    of the Department of
                                                    Homeland Security,
                                                    and for other
                                                    purposes. National
                                                    Emergency Management
                                                    Reform and
                                                    Enhancement Act of
                                                    2006. November 11,
                                                    2006.
109-713, Pt. 1................  H.R. 5814........  To authorize
                                                    appropriations for
                                                    the Department of
                                                    Homeland Security,
                                                    and for other
                                                    purposes. Department
                                                    of Homeland Security
                                                    Authorization Act
                                                    for Fiscal Year
                                                    2007. November 9,
                                                    2006.
109-729, Pt. 1................  H.R. 4941........  To reform the science
                                                    and technology
                                                    programs and
                                                    activities of the
                                                    Department of
                                                    Homeland Security,
                                                    and for other
                                                    purposes. Homeland
                                                    Security Science and
                                                    Technology
                                                    Enhancement Act of
                                                    2006. December 8,
                                                    2006.
------------------------------------------------------------------------


    Appendix VI--Executive Communications, Memorials, Petitions and 
                         Presidential Messages

                        EXECUTIVE COMMUNICATIONS

1727
    April 25, 2005--A letter from the Chief, Regulations 
Branch, Customs and Border Protection, Department of Homeland 
Security, transmitting the Department's ``Major'' final rule--
Electronic Transmission of Passenger and Crew Manifests for 
Vessels and Aircraft [CBP Decision 05-15] (RIN: 1651-AA37) 
received March 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 
the Committee on Homeland Security.
3031
    July 21, 2005--A letter from the Acting Assistant Secretary 
for Legislative Affairs, Department of State, transmitting a 
copy of the report required by Section 7202(d) of the 
Intelligence Reform and Terrorism Prevention Act of 2004, 
regarding the establishment of the interagency Human Smuggling 
and Trafficking Center (HSTC); jointly to the Committee on 
International Relations, the Committee on the Judiciary, the 
Committee on Homeland Security, and the Permanent Select 
Committee on Intelligence.
3583
    July 29, 2005--A letter from the Secretary, Department of 
Homeland Security, transmitting notification of the 
establishment of the Domestic Nuclear Detection Office (DNDO) 
within the Department of Homeland Security (DHS) and the 
reallocation of certain functions among Department officers; to 
the Committee on Homeland Security.
3584
    July 29, 2005--A letter from the Secretary, Department of 
Homeland Security, transmitting notification of the 
reallocation of functions and the establishment, consolidation 
and alternation of organizational units within the Department 
of Homeland Security; to the Committee on Homeland Security.
3585
    July 29, 2005--A letter from the Assistant Secretary of 
Legislative Affairs, Department of Homeland Security, 
transmitting a report to Congress on Fiscal Year 2006 funding 
for the Department of Homeland Security Counternarcotics 
Activities; to the Committee on Homeland Security.
3586
    July 29, 2005--A letter from the Assistant Secretary for 
Legislative Affairs, Department of Homeland Security, 
transmitting a report to Congress on the Department of Homeland 
Security Counternarcotics Activities for Fiscal Year 2004; to 
the Committee on Homeland Security.
3587
    July 29, 2005--A letter from the Assistant Secretary for 
Legislative Affairs, Department of Homeland Security, 
transmitting the first annual report of Department of Homeland 
Security's Privacy Office which covers the activities of the 
office from its inception through June 2004; to the Committee 
on Homeland Security.
3588
    July 29, 2005--A letter from the Vice President and 
Director, Homeland Security Institute, transmitting the first 
annual report on the activities of the Homeland Security 
Institute (HSI), pursuant to 6 U.S.C. 192 Public Law 107-296 
section 312(f); to the Committee on Homeland Security.
3590
    July 29, 2005--A letter from the Assistant Secretary for 
Legislative Affairs, Department of Homeland Security, 
transmitting a report to Congress regarding the use of non 
Coast Guard personnel, pursuant to 33 U.S.C. 1226 note Public 
Law 107-295, section 107(b); jointly to the Committee on 
Transportation and Infrastructure and the Committee on Homeland 
Security.
4867
    October 28, 2005--A letter from the Assistant Counsel for 
Regulations, Transportation Security Administration, Department 
of Homeland Security, transmitting the Department's final 
rule--Ronald Reagan Washington National Airport: Enhanced 
Security Procedures for Certain Operations [Docket No. TSA-
2005-21866; Amendment Nos. 1520-3, 1540-6, 1562-1] (RIN: 1652-
AA49) received August 3, 2005, pursuant to 5 U.S.C. 
801(a)(1)(A); to the Committee on Homeland Security.
5320
    November 18, 2005--Letter from the Assistant Secretary for 
Legislative Affairs, Department of Homeland Security, 
transmitting the Department's report regarding its efforts in 
the area of transportation security for the calendar year 2004, 
pursuant to 49 U.S.C. 44938(a) and (b); to the Committee on 
Homeland Security.
5906
    December 18, 2005--Letter from the Portfolio Manager, 
Critical Infrastructure Protection, Department of Homeland 
Security, transmitting a copy of the National Critical 
Infrastructure Protection Research and Development Plan; to the 
Committee on Homeland Security.
6817
    March 30, 2006--Letter from the Assistant Secretary, 
Transportation Security Administration, Department of Homeland 
Security, transmitting the Administration's certification that 
the level of screening services and protection provided at the 
Jackson Hole Airport will be equal to or greater than the level 
that would be provided at the airport; to the Committee on 
Homeland Security.
6818
    March 30, 2006--Letter from the Assistant Secretary, 
Transportation Security Administration, Department of Homeland 
Security, transmitting the Administration's certification that 
the level of screening services and protection provided at 
Sioux Falls Regional Airport will be equal to or greater than 
the level that would be provided at the aiport by TSA 
Transportation Security Officers, pursuant to 49 U.S.C. 
44920(d); to the Committee on Homeland Security.
6882
    April 4, 2006--Letter from the Assistant Secretary for 
Legislative Affairs, Department of Homeland Security, 
transmitting the Department's report to Congress on Critical 
Infrastructure Risk Assessment and Readiness, pursuant to 
Public Law 108-458, Section 7306; to the Committee on Homeland 
Security.
7028
    April 26, 2006--Letter from the Acting General Counsel, 
Department of Defense, transmitting the Department's requested 
legislative proposals as part of the National Defense 
Authorization Bill for Fiscal Year 2007; to the Committee on 
Homeland Security.
7088
    April 27, 2006--Letter from the Assistant Secretary for 
Legislative and Intergovernmental Affairs, Department of 
Homeland Security, transmitting notification that the 
Department has created the Critical Infrastructure Partnership 
Advisory Council (CIPAC); to the Committee on Homeland 
Security.
7090
    April 27, 2006--Letter from the Assistant Secretary for 
Legislative Affairs, Department of Homeland Security, 
transmitting the Department's report on the threat from act of 
terrorism to U.S. ports and vessels operating from those ports, 
pursuant to 46 U.S.C. app. 1802; to the Committee on Homeland 
Security.
7091
    April 27, 2006--Letter from the Secretary, Department of 
Homeland Security, transmitting notification of the change in 
the title of the office and position of the Under Secretary of 
Emergency and Preparedness and Response with the title, ``Under 
Secretary for Federal Emergency Management'', pursuant to 
Public Law 107-296, Section 872; to the Committee on Homeland 
Security.
7281
    May 3, 2006--A letter from the Secretary, Department of 
Homeland Security, transmitting the Department's notification 
of the Director of Managment and Budget approval of the 
recommendation that an additional five million doses of Anthrax 
Vaccine Adsorbed (AVA) be procured with the Special Reserve 
Fund, authorized by the Project BioShield Act of 2004; jointly 
to the Committee on Energy and Commerce and the Committee on 
Homeland Security.

8038

    June 13, 2006--A letter from the Deputy Chief Counsel, 
Regulations, Department of Homeland Security, transmitting the 
Department's final rule--Air Cargo Security Requirements 
[Docket No. TSA-2004-19515; Amendment Nos. 1520-4, 1540-7, 
1542-2, 1544-5, 1546-2, and 1548-2] (RIN: 1652-AA23) received 
May 18, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
Committee on Homeland Security.

8039

    June 13, 2005--A letter from the Director, Regulatory 
Management Division, Office of Executive Secretariat, 
Department of Homeland Security, transmitting the Department's 
final rule--Changes to the Procedures for Notifying the Public 
of Premium Processing Service Designations and Availability 
[DHS Docket No. USCIS-2005-0038; CIS No. 2367-05] (RIN: 1615-
AB40) received May 25, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); 
to the Committee on Homeland Security.

8754

    July 24, 2006--A letter from the Assistant Secretary, 
Transportation Security Administration, Department of Homeland 
Security, transmitting the Administration's certification that 
the level of screening services and protection provided at 
Greater Rochester International Airport will be equal to or 
greater than the level that would be provided at the airport by 
TSA Transportation Security Officers, pursuant to 49 U.S.C. 
44920(d); to the Committee on Homeland Security.

8757

    July 24, 2006--A letter from the Admiral, United States 
Coast Guard Commandant, Department of Homeland Security, 
transmitting a copy of a draft bill, ``To authorize 
appropriations for fiscal year 2007 for the United States Coast 
Guard, and for other purposes''; jointly to the Committee on 
Transportation and Infrastructure, the Committee on Ways and 
Means, the Committee on Armed Services, the Committee on 
Government Reform, the Committee on Homeland Security, the 
Committee on the Judiciary, and the Committee on Energy and 
Commerce.

9710

    September 28, 2006--A letter from the Deputy Assistant 
Secretary, Office of Legislative and Intergovernmental Affairs, 
Department of Homeland Security, transmitting the Department's 
report regarding its efforts in the area of transportation 
security for the calendar year 2005, pursuant to 49 U.S.C. 
44938(a) and (b); to the Committee on Homeland Security.

9711

    September 28, 2006--A letter from the Deputy Chief Counsel 
for Regulations, TSA, Department of Homeland Security, the 
Department's final rule--Driver Licensed by Canada or Mexico 
Transporting Hazardous Materials To and Within the United 
States [Docket No. TSA-2006-25541; Amendment No. 1572-6] (RIN: 
1652-AA50) received August 3, 2006, pursuant to 5 U.S.C. 
801(a)(1)(A); to the Committee on Homeland Security.

10500

    December 8, 2006--A letter from the Assistant Secretary, 
Transportation Security Administration, Department of Homeland 
Security, transmitting the Administration's certification that 
the level of screening services and protection provided at San 
Francisco International Airport will be equal to or greater 
than the level that would be provided at the airport by TSA 
Transportation Security Officers, pursuant to 49 U.S.C. 
44920(d); to the Committee on Homeland Security.

                               MEMORIALS

261

    March 6, 2006--A memorial of the House of Representatives 
of the State of Michigan, relative to House Resolution No., 149 
memorializing the Congress of the United States to increase 
efforts to protect our borders; to the Committee on Homeland 
Security.

363

    June 13, 2006--A memorial of the House of Representatives 
of the State of Michigan, relative to House Resolution No. 188 
memorializing the President of the United States and the 
Congress of the United States to use flexibility in the 
implementation of rules to allow use of an enhanced drivers 
license under the Western Hemisphere Travel Initiative which 
requires all citizens of any age of the United States, Canada, 
and Mexico, and Bermuda to have a passport or other secure 
documentation to enter or re-enter the United States; to the 
Committee on Homeland Security.

421

    July 24, 2006--A memorial of the Legislature of the State 
of Maine, relative to a Joint Resolution memorializing the 
Congress of the United States and the President of the United 
States to shift funding priorities and support the equitable 
disbursement of Homeland Security funds as outlined in United 
States Senate Bill 10, sponsored by Senator Susan Collins, in 
order to ensure that all states effectively contribute to our 
national security goals and emergency preparedness; jointly to 
the Committee on Homeland Security, the Committee on Energy and 
Commerce, the Committee on Transportation and Infrastructure, 
and the Committee on the Judiciary.

                               PETITIONS

111

    March 6, 2006--A petition of the City Commission of 
Hallandale Beach, Florida, relative to Resolution No. 2005-32 
requesting the Federal Emergency Management Agency (FEMA) be 
removed from the Department of Homeland Security and returned 
to FEMA's former independent status; to the Committee on 
Homeland Security.

121

    June 13, 2006--A petition of the City of Miami Commission, 
Florida, relative to Resolution No. R-06-0214 supporting the 
legalization, not criminalization, of immigrants in the United 
States and urging the Congress of the United States to 
reconsider House Bill 4437 and instead adopt the Senate 
Judiciary Committee's bill; jointly to the Committee on the 
Judiciary and the Committee on Homeland Security.

122

    June 13, 2006--A petition of the Milwaukee County Board of 
Supervisors, Wisconsin, relative to a resolution urging the 
passage of a comprehensive U.S. immigration reform law known as 
The Secure America and Orderly Immigration Act; jointly to the 
Committee on the Judiciary, the Committee on Homeland Security, 
the Committee on International Relations, the Committee on 
Energy and Commerce, and the Committee on Education and the 
Workforce.

129

    July 24, 2006--A petition of the Legislature of Rockland 
County, New York, relative to Resolution No. 125 calling upon 
the President of the United States, the Congress of the United 
States, the Department of Homeland Security, the Governor of 
the State of New York, the New York State Senate and the New 
York State assembly to include Rockland County in the Homeland 
Security funding definition for urban areas security initiative 
(UASI) grants for high threat urban areas in 2006; to the 
Committee on Homeland Security.

130

    July 24, 2006--A petition of the Legislature of Rockland 
County, New York, relative to Resolution No. 124 calling upon 
the President of the United States, the Congress of the United 
States, the Department of Homeland Security, the Governor of 
the State of New York, the New York State Senate and the New 
York State Assembly to work to allow Homeland Security funding 
to be used to recruit and retain personnel; to the Committee on 
Homeland Security.

131

    July 24, 2006--A petition of the Legislature of Rockland 
County, New York, relative to Resolution No. 123 calling upon 
the President of the United States, the Congress of the United 
States, the Department of Homeland Security, the Governor of 
the State of New York, the New York State Senate and New York 
State Assembly to work to change the Homeland Security funding 
into one based on threat; to the Committee on Homeland 
Security.

152

    July 27, 2006--A petition of the Legislature of Rockland 
County, New York, relative to resolution No. 350 calling upon 
the President of the United States, the Congress of the United 
States and the Department of Homeland Security to immediately 
restore Homeland Security and Anti-Terrorism funds to the New 
York Metropolitan Area and to reconsider Rockland County's 
exclusion from the Urban Areas Security Initiative for the New 
York Metropolitan Area.

                         PRESIDENTIAL MESSAGES

8

    March 1, 2005--A message from the President of the United 
States transmitting the Administration's 2005 National Drug 
Control Strategy, pursuant to 21 U.S.C. 1705. Message and 
accompanying papers referred to the Committee on the Judiciary, 
the Committee on Government Reform, the Committee on 
International Relations, the Committee on Small Business, the 
Committee on Transportation and Infrastructure, the Committee 
on Ways and Means, the Committee on Veterans' Affairs, and the 
Committee on Homeland Security.

37

    February 14, 2006--A message from the President of the 
United States transmitting the Administration's 2006 National 
Drug Control Strategy, pursuant to 21 U.S.C. 1705. Message and 
accompanying papers referred to the Committees on Education and 
the Workforce, the Committee on Energy and Commerce, the 
Committee on Government Reform, the Committee on Homeland 
Security, the Committee on International Relations, the 
Committee on the Judiciary, the Committee on Transportation and 
Infrastructure, and the Permanent Select Committee on 
Intelligence.

                     Appendix VII--Committee Staff

                             MAJORITY STAFF

Robert F. O'Connor, Staff Director
Jennifer Arangio, Counsel 
Kim Baronof, Professional Staff Member
Diane Berry, Subcommittee on Prevention of Nuclear and 
        Biological Attack Deputy Policy Director
Mandy Bowers, Professional Staff Member 
Bralver, Andrew, Receptionist 
Elizabeth ``Libby'' Burgess, Special Assistant *
Donovan Chau, Professional Staff Member * 
Benjamin Cohen, Staff Director * 
Stephen M. Cote, Policy Coordinator * 
Jennifer Crook, Press* 
Stephen W. DeVine, Deputy Staff Director* 
Thomas DiLenge, Chief Counsel and Policy Director *
Josh Dozor, Counsel* 
John C. Gannon, Staff Director * 
Michael Geffroy, Senior Counsel * 
Chris Gindlesperger, Deputy Press Secretary 
Kevin Gronberg, Professional Staff Member 
Amanda Halpern, Staff Assistant 
Chris Higby, Professional Staff Member * 
Heather Hogg, Professional Staff Member 
Mark Hogsett, Professional Staff Member 
Michele Ingwersen, Executive Assistant 
Kenneth Johnson, Communications Director*
Kerry A. Kinirons, Counsel
Kim L. Kotlar, Policy Coordinator *
Mark Klaassen, General Counsel 
Alicemary Leach, Subcommittee on Investigations Staff Director 
Patrick Lee, Subcommittee Policy Director* 
Michael Lepage, Clerk 
Steven Lenkart, Senior Professional Staff Member 
Eric Malawer, Professional Staff Member * 
Sterling A. Marchand, Professional Staff Member 
Kelly Mauceri, Deputy Communications Director * 
Matthew McCabe, Counsel 
Deron T. McElroy, Subcommittee Staff Director 
Ammani Nagesh, Staff Assistant * 
Coley O'Brien, Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity Staff 
        Director 
Colleen M. O'Keefe, Counsel
Winsome Packer, Professional Staff Member 
Jennifer Page, Press Secretary * 
Keyur B. Parikh, Staff Assistant 
Edward Parkinson, Receptionist* 
Ryan Patmintra, Assistant Press Secretary * 
Adam Paulson, Professional Staff Member 
Margaret Peterlin, Senior Counsel 
Mike Power, Chief Counsel
Randall Prather, Policy Coordinator*
William Rubens, Counsel 
Michael J. Russell, Subcommittee on Management, Integration, 
        and Oversight Staff Director
Charles B. Scarborough, Communications Director 
William M. Schultz, Professional Staff Member * 
Julie Schmidt, Professional Staff Member 
Nate Sloan, Professional Staff Member 
Linda Townsend Solheim, Senior Counsel 
Patricia Taylor, Counsel 
Janice Tolley, Press Assistant 
Adam Y.C. Tsao, Senior Transportation Security Advisor * 
Rachael Wanner, Professional Staff Member* 
Josh Weerasinghe, Senior Advisor on Bioscience * 
Andrew Weis, Senior Counsel 
Brian B. White, Professional Staff Member * 
Amber Wilkerson, Press * 
Paul Wilkinson, Communications Director* 
Alan B. Wood, Jr., Press* 

                             MINORITY STAFF

Jessica Herrera-Flanigan, Minority Staff Director 
Scott D. Bates, Senior Policy Advisor * 
Christopher A. Beck, Minority Professional Staff Member 
Cherri Branson, Investigative Oversight Counsel 
Zahra Buck, Professional Staff Member 
Carla D. Buckner, Professional Staff Member / Counsel* 
Ryan D. Cast, Senior Advisor for Science and Technology* 
Rosaline Cohen, Counsel / Director of Budgetary Affairs 
Christopher W. Espy, Legal Clerk* 
Thomas M. Finan, Subcommittee Coordinator / Counsel 
Todd William Gee, Counsel / Senior Policy Advisor 
Kandis Gibson, Legal Clerk 
Jennifer Porter Gore, Communication Director* 
David Grannis, Professional Staff Member * 
Dena Graziano, Communications Director* 
Jeffrey Greene, Subcommittee Coordinator/Counsel 
Nadra Harrison, Press Assistant * 
Calvin R. Humphrey, Professional Staff Member * 
Mark Jacobson, Professional Staff Member 
Kathryn D. R. Krepp, Counsel 
Jason McNamara, Professional Staff Member* 
Todd A. Levett, Professional Staff Member* 
I. Joshua Magarik, Legislative Assistant 
Mark T. Magee, Deputy Staff Director * 
Frank J. McGee, Professional Staff Member 
Jason R. McNamara, Professional Staff Member * 
Jacob S. Olcott, Counsel 
Veronique Pluviose-Fenton, Counsel 
Daniel Prieto, Professional Staff Member* 
Sue Ramanathan, Chief Counsel* 
Jerry P. Ross, Subcommittee Policy Coordinator/Professional 
        Staff Member* 
Marisela Salayandia, Legislative Assistant 
David H. Schanzer, Staff Director / Chief Counsel * 
Tamla Scott, Counsel 
Craig M. Sharman, Subcommittee Coordinator/Professional Staff 
        Member 
John Sopko, Chief of Investigations / General Counsel * 
Michael Stroud, Counsel 
Allen L. Thompson, Professional Staff Member 
Moira Whelan, Communications Director * 

                         SHARED COMMITTEE STAFF

Dawn Criste, Chief Financial Officer 
Diane Norman, GPO Printer 
Michael S. Twinchek, Chief Clerk 
Natalie Nixon, Deputy Clerk 
Joseph Windrem, Deputy Clerk * 

    * Indicates that such staff member is no longer employed by 
the Committee.

                        Appendix VIII--Witnesses

                                   A

Agwonobi, John, Assistant Secretary for Health, Department of 
        Health and Human Services. Full Committee, May 16, 
        2006, ``Are We Ready?: Implementing the National 
        Strategy for Pandemic Influenza.''
Aguilar, Chief David V., Border Patrol, U.S. Customs and Border 
        Protection, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, September 28, 2005, 
        ``Solving the OTM Undocumented Alien Problem: Expedited 
        Removal for Apprehensions along the U.S. Border.'' 
        Subcommittee on Investigations, February 7, 2006, 
        ``Armed and Dangerous: Confronting the Problem of 
        Border Incursions.''
Ahern, Jayson, Assistant Commissioner, Office of Field 
        Operations, Customs and Border Protection, Department 
        of Homeland Security. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        March 16, 2006, H.R. 4954, to improve maritime and 
        cargo security through enhanced layered defenses, and 
        for other purposes. Subcommittee on Prevention of 
        Nuclear and Biological Attack, May 25, 2006, 
        ``Enlisting Foreign Cooperation in U.S. Efforts to 
        Prevent Nuclear Smuggling.''
Albright, David, Director, Institute for Science and 
        International Security. Subcommittee on Prevention of 
        Nuclear and Biological Attack, May 26, 2005, ``Building 
        a Nuclear Bomb: Identifying Early Indicators of 
        Terrorist Activities.'' Subcommittee on Prevention of 
        Nuclear and Biological Attack, June 28, 2005, 
        ``Pathways to the Bomb: Security of Fissile Materials 
        Abroad.''
Albright, Penrose ``Parney'', Assistant Secretary, Science and 
        Technology Directorate, Department of Homeland 
        Security. Subcommittee on Emergency Preparedness, 
        Science, and Technology, February 10, 2005, ``The 
        Proposed Fiscal Year 2006 Budget: Enhancing Terrorism 
        Preparedness for First Responders.''
Ali, Javed, Senior Intelligence Officer, Department of Homeland 
        Security. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, September 20, 
        2006, ``The Homeland Security Implications of 
        Radicalization.''
Alibek, Kenneth, Executive Director, Center for Biodefense, 
        George Mason University. Subcommittee on Prevention of 
        Nuclear and Biological Attack, July 13, 2005, 
        ``Engineering Bio-Terror Agents: Lessons from the 
        Offensive U.S. and Russian Biological Weapons 
        Programs.''
Allen, Catherine, President and CEO, BITS, Financial Services 
        Roundtable. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, April 20, 
        2005, H.R. 285, the Department of Homeland Security 
        Cybersecurity Enhancement Act of 2005.
Allen, Charles, Chief Intelligence Officer, Department of 
        Homeland Security. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment of 
        the Committee on Homeland Security and the Subcommittee 
        on Terrorism, Human Intelligence, Analysis and 
        Counterintelligence of the House Permanent Select 
        Committee on Intelligence, October 19, 2005, ``The 
        Department of Homeland Security Second Stage Review: 
        The Role of the Chief Intelligence Officer.'' 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, February 15, 2006, ``The 
        President's Proposed FY07 Budget for the Department of 
        Homeland Security: The Office of Intelligence and 
        Analysis.'' Subcommittee on Prevention of Nuclear and 
        Biological Attack, May 4, 2006, ``BioScience and the 
        Intelligence Community (Part II): Closing the Gap.'' 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, May 24, 2006, ``Progress of 
        the DHS Chief Intelligence Officer.'' Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, June 28, 2006, ``DHS Intelligence and 
        Border Security: Delivering Operational Intelligence.'' 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, September 7, 2006, ``State 
        and Local Fusion Centers and the Role of DHS.'' 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, September 13, 2006, ``The 
        Homeland Security Information Network: An Update on DHS 
        Information Sharing Efforts.''
Allison, Dr. Graham, Director of the Belfer Center for Science 
        and International Affairs, Harvard University. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, April 19, 2005, ``DHS Coordination of Nuclear 
        Detection Efforts.''
Aloise, Gene, Director, Natural Resources and Environment, 
        Government Accountability Office. Subcommittee on 
        Prevention of Nuclear and Biological Attack and the 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, June 21, 2005, ``Detecting Nuclear Weapons 
        and Radiological Materials: How Effective Is Available 
        Technology?''
Alson, Dr. Roy L., Associate Professor, Emergency Medicine, 
        Wake Forest University School of Medicine. Subcommittee 
        on Prevention of Nuclear and Biological Attack, October 
        20, 2005, ``Mitigating Catastrophic Events through 
        Effective Medical Response.
Ananth, Dr. K.P., Associate Laboratory Director--National & 
        Homeland Security, Idaho National Laboratory. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity and the Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        October 18, 2005, ``SCADA and the Terrorist Threat: 
        Protecting the Nation's Critical Control Systems.''
Anderson, Hon. John B., Former Representative in Congress from 
        the State of Illinois. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        June 29, 2005, ``Improving Pre-Screening of Aviation 
        Passengers against Terrorist and Other Watch Lists.''
Andrews, Major Charles E., Chief, Administrative Division, 
        Alabama Department of Public Safety. Subcommittee on 
        Management, Integration, and Oversight, July 27, 2005, 
        ``The 287(g) Program: Ensuring the Integrity of 
        America's Border Security System through Federal-State 
        Partnerships.''
Ashbaugh, Robert L., Assistant Inspector General for 
        Inspections and Special Reviews, Office of Inspector 
        General, Department of Homeland Security. Subcommittee 
        on Management, Integration, and Oversight, November 15, 
        2005, ``CBP and ICE: Does the Current Organizational 
        Structure Best Serve U.S. Homeland Security Interests? 
        Part II.''
Atlas, Dr. Ronald, American Society of Microbiology. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, September 13, 2006, ``The Science of 
        Prevention.''

                                   B

Baker, Hon. Stewart A., Assistant Secretary for Policy, 
        Department of Homeland Security. Subcommittee on 
        Management, Integration, and Oversight, November 15, 
        2005, ``CBP and ICE: Does the Current Organizational 
        Structure Best Serve U.S. Homeland Security Interests? 
        Part II.'' Subcommittee on Management, Integration, and 
        Oversight, May 11, 2006, ``CBP and ICE: Does the 
        Current Organizational Structure Best Serve U.S. 
        Homeland Security Interests? Part III.'' Full 
        Committee, May 24, 2006, ``The Need for CFIUS to 
        Address Homeland Security Concerns.''
Bailey, Steven, Director, Pierce County Department of Emergency 
        Management. Subcommittee on Emergency Preparedness, 
        Science, and Technology, April 12, 2006, field hearing 
        in Orting, Washington, ``Emergency Planning and 
        Preparedness: Federal, State, and Local Coordination.''
Baginski, Maureen, Director, Intelligence Community Sector, 
        BearingPoint. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, September 13, 
        2006, ``The Homeland Security Information Network: An 
        Update on DHS Information Sharing Efforts.''
Balboni, Hon. Michael A.L., Senator, New York State Senate. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 29, 2006, H.R. 
        5695, the ``Chemical Facility Anti-terrorism Act of 
        2006.''
Bandy, Stephen, Manager, Corporate Safety & Security, Marathon 
        Ashland Petroleum, LLC, testifying on behalf of 
        National Petrochemical and Refiners Association and 
        American Petroleum Institute. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        June 15, 2005, ``Preventing Terrorist Attacks on 
        America's Chemical Plants.''
Barber, Allen, President, L-3 Communications Security and 
        Detection Systems, Inc. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        July 13, 2005, ``Leveraging Technology to Improve 
        Aviation Security.''
Barclay, Charles, President, American Association of Airport 
        Executives. Economic Security, Infrastructure 
        Protection, and Cybersecurity, November 3, 2005, ``The 
        Future of TSA's Registered Traveler Program.''
Barnhart, Douglas, President of Douglas E. Barhart, Inc., Vice 
        President of Association of General Contractors. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity of the Committee on 
        Homeland Security and the Subcommittee on Criminal 
        Justice, Drug Policy, and Human Resources of the 
        Committee on Government Reform, July 20, 2006, 
        ``Fencing the Border: Construction Options and 
        Strategic Placement.''
Barron, David, Chair, Telecommunications Sector Coordinating 
        Council. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, September 
        13, 2006, ``The Future of Cyber and Telecommunications 
        Security at the Department of Homeland Security.''
Bass, Dr. Robert R., Member, Committee on the Future of 
        Emergency Care, Institute of Medicine. Subcommittee on 
        Emergency Preparedness, Science, and Technology, July 
        26, 2006, ``Emergency Care Crisis: A Nation Unprepared 
        for Public Health Disasters.''
Beatty, Hon. Bryan E., Secretary, North Carolina Department of 
        Crime Control and Public Safety. Subcommittee on 
        Emergency Preparedness, Science, and Technology, April 
        12, 2005, ``The Need for Grant Reform and The Faster 
        and Smarter Funding for First Responders Act of 2005.''
Becker, Joseph, Senior Vice President for Preparedness and 
        Response, the American National Red Cross. Subcommittee 
        on Investigations, June 14, 2006, ``Waste, Fraud, and 
        Abuse in the Aftermath of Hurricane Katrina.''
Ben-Veniste, Richard, 9/11 Public Discourse Project. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment of the Committee on Homeland 
        Security and the Subcommittee on Terrorism, Human 
        Intelligence, Analysis and Counterintelligence of the 
        House Permanent Select Committee on Intelligence, 
        October 19, 2005, ``The Department of Homeland Security 
        Second Stage Review: The Role of the Chief Intelligence 
        Officer.''
Bennett, James, President and Chief Executive Officer, 
        Metropolitan Washington Airports Authority, testifying 
        on behalf of: Airports Council International-North 
        America/The American Association of Airport Executives. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, July 28, 2005, 
        ``Improving Management of the Aviation Screening 
        Workforce.''
Beres, Timothy, Director, Preparedness Programs Division, 
        Office for Domestic Preparedness, Office of State and 
        Local Government Coordination and Preparedness, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology, field 
        hearing in Wayne, New Jersey, June 26, 2006, 
        ``Preparing for, Responding to, and Preventing 
        Terrorist Attacks, Natural Disasters and Other 
        Emergencies: Is Northern New Jersey Ready?'' 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, July 26, 2005, ``The London Attacks: 
        Training to Respond in a Mass Transit Environment.''
Berger, Scott, Director of the Center for Chemical Process 
        Safety, American Institute of Chemical Engineers. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 29, 2006, H.R. 
        5695, the ``Chemical Facility Anti-terrorism Act of 
        2006.''
Berman, J. Richard, Assistant Inspector General for Audits, 
        Office of Inspector General, Department of Homeland 
        Security. Subcommittee on Emergency Preparedness, 
        Science, and Technology, April 12, 2005, ``The Need for 
        Grant Reform and The Faster and Smarter Funding for 
        First Responders Act of 2005.''
Berrick, Cathleen A., Director, Homeland Security and Justice, 
        Government Accountability Office. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, June 14, 2006, ``Transportation Security 
        Administration's Office of Intelligence: Progress and 
        Challenges.'' Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, July 13, 
        2005, ``Leveraging Technology to Improve Aviation 
        Security.''
Besser, Dr. Rich, Director, Coordinating Office of Terrorism 
        Preparedness and Emergency Response, Centers for 
        Disease Control and Prevention. Subcommittee on 
        Prevention of Nuclear and Biological Attack, May 11, 
        2006, ``Creating a Nation-wide, Integrated 
        Biosurveillance Network.''
Black, Gary W., President, Georgia Agribusiness Council, Inc. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, December 14, 2005, H.R. 3197, the ``Secure 
        Handling of Ammonium Nitrate Act of 2005.'' Member, 
        Georgia Rural Development Council, State of Georgia. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, August 24, 2006, ``Agroterrorism's Perfect 
        Storm: Where Human and Animal Disease Collide.''
Blackwelder, Ernest, Senior Vice President, Business Force, 
        Business Executives for National Security. Subcommittee 
        on Emergency Preparedness, Science, and Technology and 
        the Subcommittee on Prevention of Nuclear and 
        Biological Attack, February 8, 2006, ``Protecting the 
        Homeland: Fighting Pandemic Flu From the Front Lines.''
Blake, Randall, al Qa'ida Group Chief, National 
        Counterterrorism Center. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        September 20, 2006, ``The Homeland Security 
        Implications of Radicalization.''
Blank, Thomas, Acting Deputy Director, Transportation Security 
        Administration, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 16, 2005, ``The 
        Promise of Registered Traveler, Part II.'' Subcommittee 
        on Economic Security, Infrastructure Protection, and 
        Cybersecurity, July 28, 2005, ``Improving Management of 
        the Aviation Screening Workforce.''
Bloomberg, Hon. Michael, Mayor, New York, New York. Full 
        Committee, June 21, 2006, ``DHS Terrorism Preparedness 
        Grants: Risk-Based or Guess-Work?''
Blum, Dr. Frederick, President, American College of Emergency 
        Physicians. Subcommittee on Emergency Preparedness, 
        Science, and Technology, July 26, 2006, ``Emergency 
        Care Crisis: A Nation Unprepared for Public Health 
        Disasters.''
Blum, Lieutenant General H. Steven, Chief, National Guard 
        Bureau, Department of Defense. Subcommittee on 
        Emergency Preparedness, Science, and Technology of the 
        Committee on Homeland Security and the Subcommittee on 
        Terrorism, Unconventional Threats and Capabilities of 
        the Committee on Armed Services, November 9, 2005, 
        ``Responding to Catastrophic Events: the Role of the 
        Military and National Guard in Disaster Response.''
Blunt, Hon. Roy, a Representative in Congress from the State of 
        Missouri. Full Committee, May 24, 2006, ``The Need for 
        CFIUS to Address Homeland Security Concerns.''
Bodenheimer, David Z., Esq., Crowell & Moring LLP. Subcommittee 
        on Management, Integration, and Oversight and the 
        Subcommittee on Emergency Preparedness, Science and 
        Technology, September 13, 2006, ``Helping Business 
        Protect the Homeland: Is the Department of Homeland 
        Security Effectively Implementing the SAFETY Act?''
Bohan, Special Agent Terry, Chief, National Canine Training and 
        Operations Support Branch, Bureau of Alcohol, Tobacco, 
        Firearms and Explosives, Department of Justice. 
        Subcommittee on Management, Integration, and Oversight, 
        September 28, 2005, ``Sniffing Out Terrorism: The Use 
        of Dogs in Homeland Security.''
Bonner, T.J., President, National Border Patrol Council. 
        Subcommittee on Management, Integration, and Oversight, 
        May 24, 2005, ``Training More Border Agents: How the 
        Department of Homeland Security Can Increase Training 
        Capacity More Effectively.'' Subcommittee on 
        Management, Integration, and Oversight, March 9, 2005, 
        ``CBP and ICE: Does the Current Organizational 
        Structure Best Serve U.S. Homeland Security 
        Interests?'' Subcommittee on Investigations, February 
        7, 2006, ``Armed and Dangerous: Confronting the Problem 
        of Border Incursions.'' Subcommittee on Management, 
        Integration, and Oversight, May 11, 2006, ``CBP and 
        ICE: Does the Current Organizational Structure Best 
        Serve U.S. Homeland Security Interests? Part III.'' 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity of the Committee on 
        Homeland Security and the Subcommittee on Criminal 
        Justice, Drug Policy, and Human Resources of the 
        Committee on Government Reform, July 20, 2006, 
        ``Fencing the Border: Construction Options and 
        Strategic Placement.'' Subcommittee on Investigations, 
        August 16, 2006, field hearing in Houston, Texas, 
        ``Criminal Activity and Violence Along the Southern 
        Border.''
Bortmes, L. Thomas, Director, Office of Intelligence, Customs 
        and Border Protection, Department of Homeland Security. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, June 28, 2006, ``DHS 
        Intelligence and Border Security: Delivering 
        Operational Intelligence.''
Boshears, Kevin, Director, Office of Small and Disadvantaged 
        Business Utilization, Department of Homeland Security. 
        Subcommittee on Management, Integration, and Oversight, 
        June 15, 2006, ``An Examination of the Department of 
        Homeland Security's Procurement Process Regarding Its 
        Contracts with Shirlington Limousine and 
        Transportation, Inc.''
Bouche, Col. Kenneth, Deputy Director, Information & Technology 
        Command, Illinois State Police. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, September 7, 2006, ``State and Local Fusion 
        Centers and the Role of DHS.''
Boyd, Dr. David G., Director, SAFECOM, Office of 
        Interoperability and Communications, Department of 
        Homeland Security. Subcommittee on Emergency 
        Preparedness, Science, and Technology, October 26, 
        2005, ``Ensuring Operability During Catastrophic 
        Events.'' Director, Office for Interoperability and 
        Compatibility, Directorate of Science and Technology, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology, April 
        25, 2006,''The State of Interoperable Communications: 
        Perspectives on Federal Coordination of Grants, 
        Standards, and Technology.''
Bradley, Leigh, Senior Vice President for Enterprise Risk, 
        American Red Cross. Subcommittee on Management, 
        Integration, and Oversight, July 12, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 1--Response.''
Bradley, Dr. Richard, Medical Director, Emergency Center--LBJ 
        General Hospital, University of Texas Health Science 
        Center at Houston. Subcommittee on Prevention of 
        Nuclear and Biological Attack, October 20, 2005, 
        ``Mitigating Catastrophic Events through Effective 
        Medical Response.''
Bradley, Tim, Senior Deputy State Fire Marshal, North Carolina 
        Office of State Fire Marshal, National Volunteer Fire 
        Council. Subcommittee on Emergency Preparedness, 
        Science, and Technology, February 15, 2006, ``The State 
        of Interoperable Communications: Perspectives from the 
        Field.''
Brandland, Hon. Dale, Senator, Washington State Senate. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity and the Subcommittee on 
        Emergency Preparedness, Science and Technology, August 
        8, 2006, field hearing in Bellingham, Washington, 
        ``Assessment of Risks at the Northern Border and the 
        Infrastructure Necessary to Address Those Risks.''
Brent, Dr. Roger, Director and President, Molecular Sciences 
        Institute. Subcommittee on Prevention of Nuclear and 
        Biological Attack, July 13, 2005, ``Engineering Bio-
        Terror Agents: Lessons from the Offensive U.S. and 
        Russian Biological Weapons Programs.''
Brewer, Mark, President and CEO, Rhode Island Airport 
        Corporation. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, July 28, 
        2005, ``Improving Management of the Aviation Screening 
        Workforce.''
Brill, Ambassador Kenneth, Director, National 
        Counterproliferation Center, Office of the Director of 
        National Intelligence. Subcommittee on Prevention of 
        Nuclear and Biological Attack, May 4, 2006, 
        ``BioScience and the Intelligence Community (Part II): 
        Closing the Gap.''
Brill, Steven, Founder and CEO, Verified Identity Pass, Inc. 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, November 3, 2005, ``The Future of TSA's 
        Registered Traveler Program.''
Broderick, Brigadier General Matthew, Director, Homeland 
        Security Operations Center, Department of Homeland 
        Security. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, July 20, 2005, 
        ``A Progress Report on Information Sharing for Homeland 
        Security.''
Brown, Dr. Corrie, Josiah Meigs Distinguished Teaching 
        Professor, School of Veterinary Medicine, University of 
        Georgia. Subcommittee on Prevention of Nuclear and 
        Biological Attack, August 24, 2006, ``Agroterrorism's 
        Perfect Storm: Where Human and Animal Disease 
        Collide.''
Brown, Gary, General Counsel, Pyro Spectaculars, testifying on 
        behalf of the American Pyrotechnics Association, et al. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, November 1, 2005, 
        ``Reforming HAZMAT Trucking Security.''
Bruel, Jonathan B., Partner, IBM Business Consulting Services, 
        Senior Fellow, IBM Center for the Business of 
        Government. Subcommittee on Management, Integration, 
        and Oversight, Wednesday, June 29, 2005, ``Transforming 
        the Department of Homeland Security Through Mission-
        based Budgeting.''
Bush, Hon. Jeb, Governor, State of Florida. Full Committee, 
        October 19, 2005, ``Federalism and Disaster Response: 
        Examining the Roles and Responsibilities of Local, 
        State, and Federal Agencies.''
Burlingame, Debra, Member, 9/11 Families for a Secure America. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, May 13, 2005, ``The 
        Transportation Security Administration's Screening of 
        Airline Pilots: Sound Security Practice or Waste of 
        Scarce Resources?''
Byman, Dr. Daniel, Director, Center for Peace and Security 
        Studies, Georgetown University, and Senior Fellow, 
        Saban Center for Middle East Policy, the Brookings 
        Institution. Subcommittee on Prevention of Nuclear and 
        Biological Attack, September 8, 2005, ``WMD Terrorism 
        and Proliferant States.''

                                   C

Callahan, Dr. Michael V., Director, Biodefense & Mass Casualty 
        Care, CIMIT/Massachusetts General Hospital. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, July 13, 2005, ``Engineering Bio-Terror Agents: 
        Lessons from the Offensive U.S. and Russian Biological 
        Weapons Programs.''
Callahan, Randy Allen, Executive Vice President, American 
        Federation of Government Employees, AFL-CIO. 
        Subcommittee on Management, Integration, and Oversight, 
        March 9, 2005, ``CBP and ICE: Does the Current 
        Organizational Structure Best Serve U.S. Homeland 
        Security Interests?''
Calvosa, Ron, Director of Fraud Prevention, Lower Manhattan 
        Construction Command Center. Subcommittee on 
        Management, Integration, and Oversight, July 13, 2006, 
        ``Federal 9/11 Assistance to New York: Lessons Learned 
        in Fraud Detection, Prevention, and Control: Part 3--
        Rebuilding.''
Canas, Richard L., Director, Office of Homeland Security and 
        Preparedness, State of New Jersey. Subcommittee on 
        Emergency Preparedness, Science, and Technology, field 
        hearing in Wayne, New Jersey, June 26, 2006, 
        ``Preparing for, Responding to, and Preventing 
        Terrorist Attacks, Natural Disasters and Other 
        Emergencies: Is Northern New Jersey Ready?'' 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, September 7, 2006, ``State 
        and Local Fusion Centers and the Role of DHS.''
Cannon, Louis P., on behalf of: the National Fraternal Order of 
        Police. Full Committee, April 14, 2005, ``Grant Reform: 
        The Faster and Smarter Funding for First Responders Act 
        of 2005.''
Canterbury, Chuck, National President, Fraternal Order of 
        Police. Subcommittee on Emergency Preparedness, 
        Science, and Technology, September 29, 2005, ``Incident 
        Command, Control, and Communications During 
        Catastrophic Events.''
Carafano, Dr. James, Senior Research Fellow, The Heritage 
        Foundation. Subcommittee on Management, Integration, 
        and Oversight, March 9, 2005, ``CBP and ICE: Does the 
        Current Organizational Structure Best Serve U.S. 
        Homeland Security Interests?''
Carr, Dr. Marcus Eugene, Jr., Executive Director, Clinical 
        Research-Hemostasis, Novo Nordisk, Inc. Subcommittee on 
        Emergency Preparedness, Science, and Technology, July 
        12, 2005, ``Project BioShield: Linking Bioterrorism 
        Threats and Countermeasure Procurement to Enhance 
        Terrorism Preparedness.''
Casagrande, Dr. Rocco, Gryphon Scientific. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, May 25, 2005, ``Evaluating the Threat of 
        Agro-Terrorism.''
Chapman, Michael, Director, Missouri Office of Homeland 
        Security. Subcommittee on Emergency Preparedness, 
        Science, and Technology, April 12, 2005, ``The Need for 
        Grant Reform and The Faster and Smarter Funding for 
        First Responders Act of 2005.''
Charbo, Scott, Chief Information Officer, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, of the Committee on 
        Homeland Security, and the Subcommittee on Government 
        Management, Finance, and Accountability of the 
        Committee on Government Reform, March 29, 2006, joint 
        hearing, ``Department of Homeland Security Information 
        Technology Challenges and the Future of eMerge2.''
Chertoff, Hon. Michael, Secretary, Department of Homeland 
        Security. Full Committee, April 13, 2005, ``The 
        Department of Homeland Security: Promoting Risk-Based 
        Prioritization and Management.'' Full Committee, July 
        14 and 25, 2005, ``The Secretary's Second-Stage Review: 
        Re-thinking the Department of Homeland Security's 
        Organization and Policy Direction.'' Full Committee, 
        February 15, 2006, ``The President's Fiscal Year 2007 
        Budget for the Department of Homeland Security: 
        Maintaining Vigilance and Improving Mission Performance 
        in Securing the Homeland.'' Full Committee, September 
        26, 2006, ``The Department of Homeland Security: Major 
        Initiatives for 2007 and Beyond.''
Chopra, Deepak, President, OSI Systems, Inc. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, July 13, 2005, ``Leveraging Technology 
        to Improve Aviation Security.''
Cilluffo, Frank J., Director, Homeland Security Policy 
        Institute, the George Washington University. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 15, 2005, 
        ``Preventing Terrorist Attacks on America's Chemical 
        Plants.'' Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, September 20, 
        2006, ``The Homeland Security Implications of 
        Radicalization.''
Clark, John, Deputy Assistant Secretary, Immigration and 
        Customs Enforcement, Department of Homeland Security. 
        Subcommittee on Management, Integration, and Oversight, 
        March 8, 2006, ``The 9/11 Reform Act: Examining the 
        Implementation of the Human Smuggling and Trafficking 
        Center.''
Clifford, Dr. John, Deputy Administrator for Veterinary 
        Services, Animal and Plant Health Inspection Services, 
        Department of Agriculture. Subcommittee on Prevention 
        of Nuclear and Biological Attack, May 11, 2006, 
        ``Creating a Nation-wide, Integrated Biosurveillance 
        Network.'' Full Committee, May 16, 2006, ``Are We 
        Ready?: Implementing the National Strategy for Pandemic 
        Influenza.''
Cohen, Bernard, Director, Lower Manhattan Recovery Office, 
        Federal Transit Administration, Department of 
        Transportation. Subcommittee on Management, 
        Integration, and Oversight, July 13, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 3--
        Rebuilding.''
Cohen, Hon. Jay, Under Secretary for Science and Technology, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        September 7, 2006 ``The Department of Homeland 
        Security's Science and Technology Directorate: Is It 
        Structured for Success?'' Subcommittee on Management, 
        Integration, and Oversight and the Subcommittee on 
        Emergency Preparedness, Science and Technology, 
        September 13, 2006, ``Helping Business Protect the 
        Homeland: Is the Department of Homeland Security 
        Effectively Implementing the SAFETY Act?'' Subcommittee 
        on Prevention of Nuclear and Biological Attack, 
        September 14, 2006, ``The Science of Prevention.''
Cohen, John, Senior Homeland Security Policy Advisor, Executive 
        Office of Public Safety, Commonwealth of Massachusetts. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, July 20, 2005, ``A Progress 
        Report on Information Sharing for Homeland Security.''
Collacott, Ambassador Martin, Former Canadian Ambassador to 
        Syria and Lebanon. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity and the 
        Subcommittee on Emergency Preparedness, Science and 
        Technology, August 8, 2006, field hearing in 
        Bellingham, Washington, ``Assessment of Risks at the 
        Northern Border and the Infrastructure Necessary to 
        Address Those Risks.''
Collins, Admiral Thomas, Commandant, U.S. Coast Guard, 
        Department of Homeland Security. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, June 8, 2005, The Homeland Security 
        Missions of the Post-9/11 Coast Guard.'' Subcommittee 
        on Emergency Preparedness, Science, and Technology of 
        the Committee on Homeland Security and the Subcommittee 
        on Terrorism, Unconventional Threats and Capabilities 
        of the Committee on Armed Services, November 9, 2005, 
        ``Responding to Catastrophic Events: the Role of the 
        Military and National Guard in Disaster Response.'' 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, February 15, 2006, ``The 
        President's Fiscal Year 2007 Budget: Coast Guard 
        Programs Impacting Maritime Border Security.''
Colwell, Dr. Lee, Executive Director, Pegasus Research 
        Foundation. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, July 20, 2005, 
        ``A Progress Report on Information Sharing for Homeland 
        Security.''
Connors, William, Executive Director, National Business Travel 
        Association. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, June 9, 
        2005, ``The Promise of Registered Traveler.''
Cooney, Maureen, Acting Chief Privacy Officer, Department of 
        Homeland Security. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        April 6, 2006, ``Protection of Privacy in the DHS 
        Intelligence Enterprise.''
Copeland, Guy, Chair, Information Technology Sector 
        Coordinating Council. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        September 13, 2006, ``The Future of Cyber and 
        Telecommunications Security at the Department of 
        Homeland Security.''
Cooper, Steven I., Chief Information Officer, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, April 14, 2005, ``The Need 
        to Strengthen Information Security at the Department of 
        Homeland Security.''
Crowell, William, Markle Foundation Task Force on National 
        Security in the Information Age. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, November 8, 2005, ``Federal Support for 
        Homeland Security Information Sharing: The Role of the 
        Information Sharing Program Manager.''
Crowley, P.J., Senior Fellow and Director of National Defense 
        and Homeland Security, Center for American Progress. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 29, 2006, H.R. 
        5695, the ``Chemical Facility Anti-terrorism Act of 
        2006.''
Cunningham, Noel, Principal, MARSEC Group. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, March 16, 2006, H.R. 4954, to improve 
        maritime and cargo security through enhanced layered 
        defenses, and for other purposes.
Cutler, Michael W., Former Senior Special Agent, U.S. 
        Immigration and Naturalization Service. Subcommittee on 
        Management, Integration, and Oversight, March 9, 2005, 
        ``CBP and ICE: Does the Current Organizational 
        Structure Best Serve U.S. Homeland Security 
        Interests?'' Fellow, Center for Immigration Studies. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, June 28, 2006, ``DHS 
        Intelligence and Border Security: Delivering 
        Operational Intelligence.''

                                   D

de Rugy, Dr. Veronique, Fellow, American Enterprise Institute. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 12, 2005, ``The Need for Grant Reform 
        and The Faster and Smarter Funding for First Responders 
        Act of 2005.''
DeCota, William, Director of Aviation, New York-New Jersey Port 
        Authority. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, July 28, 
        2005, ``Improving Management of the Aviation Screening 
        Workforce.''
DeMell, John, President, FirstLine Transportation Security, 
        Inc. Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, July 28, 2005, 
        ``Improving Management of the Aviation Screening 
        Workforce.''
DePasquale, Sal, Security Specialist, CH2M Hill & University of 
        Georgia. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, June 15, 
        2005, ``Preventing Terrorist Attacks on America's 
        Chemical Plants.''
Damiani, Bettina, Project Director, Good Jobs New York. 
        Subcommittee on Management, Integration, and Oversight, 
        July 13, 2006, ``Federal 9/11 Assistance to New York: 
        Lessons Learned in Fraud Detection, Prevention, and 
        Control: Part 2--Recovery.''
Dannels, Donna M., Acting Deputy Director of Recovery, Federal 
        Emergency Management Agency, Department of Homeland 
        Security. Subcommittee on Investigations, June 14, 
        2006, ``Waste, Fraud and Abuse in the Aftermath of 
        Hurricane Katrina.''
David, Jack, Deputy Assistant Secretary, International Security 
        Policy, Department of Defense. Subcommittee on 
        Prevention of Nuclear and Biological Attack, June 22, 
        2006, ``Reducing Nuclear and Biological Threats at the 
        Source.''
DeBoer, Jeffrey, President and CEO, the Real Estate Roundtable 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment of the Committee on Homeland 
        Security and the Subcommittee on Oversight and 
        Investigations of the Committee on Financial Services, 
        July 25, 2006, ``Terrorism Threats and the Insurance 
        Market.''
Deffer, Frank W., Assistant Inspector General, Department of 
        Homeland Security. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        September 13, 2006, ``The Homeland Security Information 
        Network: An Update on DHS Information Sharing 
        Efforts.''
Dempsey, James X., Executive Director, Center for Democracy and 
        Technology. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, June 29, 
        2005, ``Improving Pre-Screening of Aviation Passengers 
        against Terrorist and Other Watch Lists.''
Dezenski, Elaine, Acting Assistant Secretary, Directorate for 
        Border and Transportation Security, Department of 
        Homeland Security. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, June 22, 
        2005, ``Ensuring the Security of America's Borders 
        through the Use of Biometric Passports and Other 
        Identity Documents.''
DiBattiste, Carol, Deputy Administrator, Transportation 
        Security Administration, Department of Homeland 
        Security. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, March 2, 
        2005, ``Proposed FY 2006 Budget: Integrating Homeland 
        Security Screening Operations.''
Dillaman, Kathy L., Associate Director, Federal Investigations 
        Processing Center, U.S. Office of Personnel Management. 
        Subcommittee on Management, Integration, and Oversight, 
        May 18, 2006, ``Retention, Security Clearances, Morale, 
        and Other Human Capital Challenges Facing the 
        Department of Homeland Security.''
Drake, Hon. Robert, Mayor, Beaverton, Oregon, testifying on 
        behalf of National League of Cities. Subcommittee on 
        Emergency Preparedness, Science, and Technology, March 
        1, 2006, ``The State of Interoperable Communications: 
        Perspectives from State and Local Governments.''
Dubina, Special Agent Mark F., Supervisor, Tampa Bay Regional 
        Operations Center, Florida Department of Law 
        Enforcement, Regional Domestic Security Task Force 
        Supervisor. Subcommittee on Management, Integration, 
        and Oversight, July 27, 2005, ``The 287(g) Program: 
        Ensuring the Integrity of America's Border Security 
        System through Federal-State Partnerships.''
Duke, Elaine C., Chief Procurement Officer, Department of 
        Homeland Security, accompanied by Ms. Carolyn Smith, 
        Contracting Officer, Office of Procurement Operations, 
        and Ms. Shirley Turner, Contracting Officer, Office of 
        Procurement Operations. Subcommittee on Management, 
        Integration, and Oversight, June 15, 2006, ``An 
        Examination of the Department of Homeland Security's 
        Procurement Process Regarding its Contracts with 
        Shirlington Limousine and Transportation, Inc.'' 
        Subcommittee on Management, Integration, and Oversight 
        and the Subcommittee on Emergency Preparedness, Science 
        and Technology, September 13, 2006, ``Helping Business 
        Protect the Homeland: Is the Department of Homeland 
        Security Effectively Implementing the SAFETY Act?'' 
        Subcommittee on Management, Integration, and Oversight, 
        November 15, 2006, ``The Secure Border Initiative: 
        Ensuring Effective Implementation and Financial 
        Accountability of SBInet.''
Duncan, Commander Robert, Eighth Coast Guard District, United 
        States Coast Guard. Full Committee, March 22, 2005, 
        ``Protecting Our Commerce: Port and Waterways 
        Security.''
Durbin, Marty, Managing Director of Security and Operations, 
        American Chemistry Council. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        June 15, 2005, ``Preventing Terrorist Attacks on 
        America's Chemical Plants.'' Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        June 29, 2006, H.R. 5695, the ``Chemical Facility Anti-
        terrorism Act of 2006.''

                                   E

Eckels, Hon. Robert, County Judge, Harris County, State of 
        Texas. Subcommittee on Investigations, August 16, 2006, 
        field hearing in Houston, Texas, ``Criminal Activity 
        and Violence Along the Southern Border.''
Edwards, Gary, Chief Executive Officer, National Native 
        American Law Enforcement Association. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, July 20, 2005, ``A Progress Report on 
        Information Sharing for Homeland Security.''
Edwards, Steven, Director, Maryland Fire and Rescue Institute, 
        testifying on behalf of the North American Fire 
        Training Directors. Subcommittee on Emergency 
        Preparedness, Science, and Technology and the 
        Subcommittee on Management, Integration, and Oversight, 
        June 23, 2005, ``The National Training Program: Is 
        Anti-Terrorism Training for First Responders Efficient 
        and Effective?''
Eizenstat, Stuart, Partner, Covington and Burling, and Former 
        Deputy Secretary of the Treasury. Full Committee, May 
        24, 2006, ``The Need for CFIUS to Address Homeland 
        Security Concerns.''
Ellenbogen, Michael, President and Chief Executive Officer, 
        Reveal Imaging Technologies, Inc. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, July 13, 2005, ``Leveraging Technology 
        to Improve Aviation Security.''
Ellis, Jim, President, Boat Owners Association of the United 
        States BOAT/U.S. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, May 19, 
        2005, H.R. 1509, the ``Recreational Boaters Streamlined 
        Inspection Act.''
Embrey, Ellen, Deputy Assistant Secretary of Defense for Force 
        Health Protection and Readiness. Subcommittee on 
        Prevention of Nuclear and Biological Attack, May 11, 
        2006, ``Creating a Nation-Wide, Integrated 
        Biosurveillance Network.''
Emerson, Steven, Executive Director, the Investigative Project 
        on Terrorism. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, September 20, 
        2006, ``The Homeland Security Implications of 
        Radicalization.''
Ervin, Clark Kent, Director, Homeland Security Initiative, the 
        Aspen Institute. Subcommittee on Management, 
        Integration, and Oversight, April 20, 2005, 
        ``Management Challenges Facing the Department of 
        Homeland Security.''
Esparza, Jamie, District Attorney, El Paso County, State of 
        Texas. Subcommittee on Investigations, August 16, 2006, 
        field hearing in Houston, Texas, ``Criminal Activity 
        and Violence Along the Southern Border.''
Evenson, Michael K., Acting Director, Combat Support 
        Directorate, DTRA, Department of Defense. Subcommittee 
        on Prevention of Nuclear and Biological Attack and the 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, June 21, 2005, ``Detecting Nuclear Weapons 
        and Radiological Materials: How Effective Is Available 
        Technology?''

                                   F

Fabiano, Anthony R., President and Chief Executive Officer, 
        American Science and Engineering, Inc. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, July 13, 2005, ``Leveraging Technology 
        to Improve Aviation Security.''
Fagan, William, Director of Security, Federal Railroad 
        Administration. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, September 
        28, 2006, ``Front-line Defense: Security Training for 
        Mass Transit and Rail Employees.''
Fauci, Dr. Tony, Director, National Institute of Allergy and 
        Infectious Diseases, National Institute of Health, 
        Department of Health and Human Services. Subcommittee 
        on Prevention of Nuclear and Biological Attack, July 
        28, 2005, ``Implementing the National Biodefense 
        Strategy.''
Fawcett, Chief Jimmy R., Sixth Vice President, International 
        Association of Chiefs of Police. Subcommittee on 
        Management, Integration, and Oversight, July 27, 2005, 
        ``The 287(g) Program: Ensuring the Integrity of 
        America's Border Security System through Federal-State 
        Partnerships.''
Fetchet, Mary, Founding Director, Voices of September 11. Full 
        Committee, April 14, 2005, ``Grant Reform: The Faster 
        and Smarter Funding for First Responders Act of 2005.''
Filler, Joshua D., Director, Office of State and Local 
        Government Coordination, Department of Homeland 
        Security. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, July 20, 2005, 
        ``A Progress Report on Information Sharing for Homeland 
        Security.''
Finch, Brian E., Esq., Dickstein Shapiro, LLP. Subcommittee on 
        Management, Integration, and Oversight and the 
        Subcommittee on Emergency Preparedness, Science and 
        Technology, September 13, 2006, ``Helping Business 
        Protect the Homeland: Is the Department of Homeland 
        Security Effectively Implementing the SAFETY Act?''
Fisk, Daniel W., Deputy Assistant Secretary, Bureau of Western 
        Hemisphere Affairs, Department of State. Subcommittee 
        on Economic Security, Infrastructure Protection, and 
        Cybersecurity, September 28, 2005, ``Solving the OTM 
        Undocumented Alien Problem: Expedited Removal for 
        Apprehensions along the U.S. Border.''
Fleming, Terry, D., Director for External Affairs, Risk and 
        Insurance Management Society (RIMS) Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment of the Committee on Homeland Security and 
        the Subcommittee on Oversight and Investigations of the 
        Committee on Financial Services, July 25, 2006, 
        ``Terrorism Threats and the Insurance Market.''
Flores, Sheriff Rick, Webb County, State of Texas. Subcommittee 
        on Investigations, August 16, 2006, field hearing in 
        Houston, Texas, ``Criminal Activity and Violence Along 
        the Southern Border.''
Foley, Hon. Mark, a Representative in Congress from the State 
        of Florida. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, May 19, 
        2005, H.R. 1509, the ``Recreational Boaters Streamlined 
        Inspection Act.''
Fonash, Dr. Peter, Deputy Manager, National Communications 
        System, Department of Homeland Security. Subcommittee 
        on Emergency Preparedness, Science, and Technology, 
        October 26, 2005, ``Ensuring Operability During 
        Catastrophic Events.''
Fontoura, Sheriff Armando, Essex County, State of New Jersey. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, field hearing in Wayne, New Jersey, June 
        26, 2006, ``Preparing for, Responding to, and 
        Preventing Terrorist Attacks, Natural Disasters and 
        Other Emergencies: Is Northern New Jersey Ready?''
Foresman, Hon. George, Under Secretary of Preparedness, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology, March 
        8, 2006, ``Proposed Fiscal Year 2007 Budget: Enhancing 
        Preparedness for First Responders.'' Subcommittee on 
        Emergency Preparedness, Science, and Technology, April 
        12, 2006, field hearing in Orting, Washington, 
        ``Emergency Planning and Preparedness: Federal, State, 
        and Local Coordination.'' Full Committee, June 21, 
        2006, ``DHS Terrorism Preparedness Grants: Risk-Based 
        or Guess-Work?'' Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, September 
        13, 2006, ``The Future of Cyber and Telecommunications 
        Security at the Department of Homeland Security.''
Franz, Dr. David R., Vice President & Chief Biological 
        Scientist, Midwest Research Institute. Subcommittee on 
        Prevention of Nuclear and Biological Attack, November 
        3, 2005, ``BioScience and the Intelligence Community.'' 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, June 22, 2006, ``Reducing Nuclear and 
        Biological Threats at the Source.''
Frazer, Leroy, Bureau Chief, Special Prosecutions Bureau, New 
        York County District Attorney Subcommittee on 
        Management, Integration, and Oversight, July 13, 2006, 
        ``Federal 9/11 Assistance to New York: Lessons Learned 
        in Fraud Detection, Prevention, and Control: Part 2--
        Recovery.''
Freeman, Dr. Jenny E., President and CEO, Hypermed, Inc. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, October 20, 2005, ``Mitigating Catastrophic 
        Events through Effective Medical Response.''
Freudenthal, Bob, President, American Public Works Association. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, September 29, 2005, ``Incident Command, 
        Control, and Communications during Catastrophic 
        Events.''

                                   G

Gaches, Bill, Assistant Administrator for Intelligence, 
        Transportation Security Administration, Department of 
        Homeland Security. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        June 14, 2006, ``Transportation Security 
        Administration's Office of Intelligence: Progress and 
        Challenges.''
Gage, John, National President, American Federation of 
        Government Employees. Subcommittee on Management, 
        Integration, and Oversight, May 18, 2006, ``Retention, 
        Security Clearances, Morale, and Other Human Capital 
        Challenges Facing the Department of Homeland 
        Security.''
Gallay, Joel S., Deputy Inspector General, U.S. General 
        Services Administration. Subcommittee on Management, 
        Integration, and Oversight, June 16, 2005, 
        ``Mismanagement of the Border Surveillance System and 
        Lessons for the New America's Shield Initiative.''
Gannon, Dr. John C., Vice President for Global Analysis, BAE 
        Systems, Information Technology. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, June 21, 2005, ``Using Open-Source 
        Information Effectively.''
Garcia, Hon. Adrian, Member, Houston City Council, State of 
        Texas. Subcommittee on Investigations, August 16, 2006, 
        field hearing in Houston, Texas, ``Criminal Activity 
        and Violence Along the Southern Border.''
Garner, Robert L., President and CEO, American Ambulance 
        Association. Subcommittee on Emergency Preparedness, 
        Science, and Technology, September 29, 2005, ``Incident 
        Command, Control, and Communications during 
        Catastrophic Events.''
Gass, James, Deputy Director, National Memorial Institute for 
        the Prevention of Terrorism. Subcommittee on Emergency 
        Preparedness, Science, and Technology, April 25, 
        2006,''The State of Interoperable Communications: 
        Perspectives on Federal Coordination of Grants, 
        Standards, and Technology.''
Gebhart, Dr. Mark Edward, Assistant Professor of Emergency 
        Medicine, Boonshoft School of Medicine, Wright State 
        University. Subcommittee on Emergency Preparedness, 
        Science, and Technology, September 29, 2005, ``Incident 
        Command, Control, and Communications during 
        Catastrophic Events.''
Gerberding, Dr. Julie, Director, Centers for Disease Control 
        and Prevention, Department of Health and Human 
        Services. Subcommittee on Prevention of Nuclear and 
        Biological Attack, July 28, 2005, ``Implementing the 
        National Biodefense Strategy.''
Getnick, Neil, President, International Association of 
        Independent Inspectors General. Subcommittee on 
        Management, Integration, and Oversight, July 12, 2006, 
        ``Federal 9/11 Assistance to New York: Lessons Learned 
        in Fraud Detection, Prevention, and Control: Part 1--
        Response.''
Giddens, Gregory L., Director, Secure Border Initiative 
        Program, Department of Homeland Security. Subcommittee 
        on Management, Integration, and Oversight, November 15, 
        2006, ``The Secure Border Initiative: Ensuring 
        Effective Implementation and Financial Accountability 
        of SBInet.'' Subcommittee on Management, Integration, 
        and Oversight, February 16, 2006, ``Mismanagement of 
        the Border Surveillance System and Lessons for the New 
        Border Initiative, Part 3.''
Giles, Gregory F., Public Witness. Subcommittee on Prevention 
        of Nuclear and Biological Attack, September 8, 2005, 
        ``WMD Terrorism and Proliferant States.''
Gilmore, James S., III, Chairman, National Council on Readiness 
        and Preparedness. Subcommittee on Management, 
        Integration, and Oversight, April 20, 2005, 
        ``Management Challenges Facing the Department of 
        Homeland Security.''
Goersch, Brigitte, Director of Security, Greater Orlando 
        Aviation Authority. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, June 9, 
        2005, ``The Promise of Registered Traveler.''
Gordon, Arthur, President, Federal Law Enforcement Officers 
        Association. Subcommittee on Management, Integration, 
        and Oversight, May 11, 2006, ``CBP and ICE: Does the 
        Current Organizational Structure Best Serve U.S. 
        Homeland Security Interests? Part III.''
Gorelick, Marc, Acting Director, Human Smuggling and 
        Trafficking Center, Department of State. Subcommittee 
        on Management, Integration, and Oversight, March 8, 
        2006, ``The 9/11 Reform Act: Examining the 
        Implementation of the Human Smuggling and Trafficking 
        Center.''
Gottemoeller, Rose, Senior Associate, Carnegie Endowment for 
        International Peace. Subcommittee on Prevention of 
        Nuclear and Biological Attack, June 28, 2005, 
        ``Pathways to the Bomb: Security of Fissile Materials 
        Abroad.''
Gramm, Walter, Executive Director, New Jersey Business Force, 
        Business Executives for National Security. Subcommittee 
        on Emergency Preparedness, Science, and Technology, 
        field hearing in Wayne, New Jersey, June 26, 2006, 
        ``Preparing for, Responding to, and Preventing 
        Terrorist Attacks, Natural Disasters and Other 
        Emergencies: Is Northern New Jersey Ready?''
Greenberger, Michael, Director, Center for Health and Homeland 
        Security, University of Maryland School of Law. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, July 12, 2005, ``Project BioShield: Linking 
        Bioterrorism Threats and Countermeasure Procurement to 
        Enhance Terrorism Preparedness.''
Guzman, Tony, Vice President and Director of Operations, 
        Garrison and Sloan Canine Detection Subcommittee on 
        Management, Integration, and Oversight, September 28, 
        2005, ``Sniffing Out Terrorism: The Use of Dogs in 
        Homeland Security.''

                                   H

Hamberger, Edward, President & CEO, American Association of 
        Railroads. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, September 
        28, 2006, ``Front-line Defense: Security Training for 
        Mass Transit and Rail Employees.''
Hamilton, Hon. Lee, Vice Chair, National Commission on 
        Terrorist Attacks Upon the United States. Full 
        Committee, April 14, 2005, ``Grant Reform: The Faster 
        and Smarter Funding for First Responders Act of 2005.'' 
        Vice Chairman, 9/11 Public Discourse Project. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, November 8, 2005, ``Federal 
        Support for Homeland Security Information Sharing: The 
        Role of the Information Sharing Program Manager.''
Handley, James C., Regional Administrator, Great Lakes Region 
        5, General Services Administration. Subcommittee on 
        Management, Integration, and Oversight, February 16, 
        2006, ``Mismanagement of the Border Surveillance System 
        and Lessons for the New Border Initiative, Part 3.''
Hanson, Chief Polly, Metro Police, Washington Metro Area 
        Transit Authority. Subcommittee on Emergency 
        Preparedness, Science, and Technology, July 26, 2005, 
        ``The London Attacks: Training to Respond in a Mass 
        Transit Environment.'' Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        September 28, 2006, ``Front-line Defense: Security 
        Training for Mass Transit and Rail Employees.''
Happer, Dr. William, Professor of Physics, Princeton 
        University. Subcommittee on Prevention of Nuclear and 
        Biological Attack, September 13, 2006, ``The Science of 
        Prevention.''
Harper, Jim, Director of Information Policy Studies, the CATO 
        Institute. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, June 9, 
        2005, ``The Promise of Registered Traveler.''
Hardy, Thomas, Director of Field Operations, Seattle Field 
        Office, Customs and Border Protection, Department of 
        Homeland Security. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity and the 
        Subcommittee on Emergency Preparedness, Science and 
        Technology, August 8, 2006, field hearing in 
        Bellingham, Washington ``Assessment of Risks at the 
        Northern Border and the Infrastructure Necessary to 
        Address Those Risks.''
Harris, David B., Senior Fellow for National Security, Canadian 
        Coalition for Democracies. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity 
        and the Subcommittee on Emergency Preparedness, Science 
        and Technology, August 8, 2006, field hearing in 
        Bellingham, Washington ``Assessment of Risks at the 
        Northern Border and the Infrastructure Necessary to 
        Address Those Risks.''
Hauptli, Todd, Senior Executive Vice President, American 
        Association of Airport Executives, Senior Vice 
        President, Airport Legislative Alliance. Subcommittee 
        on Economic Security, Infrastructure Protection, and 
        Cybersecurity, July 13, 2005, ``Leveraging Technology 
        to Improve Aviation Security.''
Hawley, Hon. Kip, Assistant Secretary, Transportation Security 
        Administration, Department of Homeland Security. 
        Subcommitte on Economic Security, Infrastructure 
        Protection, and Cybersecurity, November 3, 2005, ``The 
        Future of TSA's Registered Traveler Program.'' 
        Administrator, Transportation Security Administration, 
        Department of Homeland Security. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, February 16, 2006, ``The President's 
        Proposed FY07 Budget: Risk-Based Spending at the 
        Transportation Security Administration.''
Hay, Ian M., President, Southeast Emergency Response Network 
        (SEERN) Interim Governance. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, September 13, 2006, ``The Homeland Security 
        Information Network: An Update on DHS Information 
        Sharing Efforts.''
Hearn, Hon. Rose Gill, Commissioner, New York City Department 
        of Investigation. Subcommittee on Management, 
        Integration, and Oversight, July 12, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 1--Response.''
Heidel, Jimmy, Executive Director, Warren County Port 
        Commission and Vice-President of the Vicksburg-Warren 
        County Chamber of Commerce. Full Committee, March 22, 
        2005, ``Protecting Our Commerce: Port and Waterways 
        Security.''
Henke, Hon. Tracy A., Assistant Secretary, Office of Grants and 
        Training, Directorate of Preparedness, Department of 
        Homeland Security. Subcommittee on Emergency 
        Preparedness, Science, and Technology, April 25, 2006, 
        ``The State of Interoperable Communications: 
        Perspectives on Federal Coordination of Grants, 
        Standards, and Technology.''
Henley, Ronald, Chief Patrol Agent, Blaine Sector, Customs and 
        Border Protection, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity and the Subcommittee on 
        Emergency Preparedness, Science and Technology, August 
        8, 2006, field hearing in Bellingham, Washington 
        ``Assessment of Risks at the Northern Border and the 
        Infrastructure Necessary to Address Those Risks.''
Herath, Kirk, Chief Privacy Officer, AVP-Associate General 
        Counsel, Nationwide Insurance Companies. Subcommittee 
        on Intelligence, Information Sharing, and Terrorism 
        Risk Assessment, April 6, 2006, ``Protection of Privacy 
        in the DHS Intelligence Enterprise.''
Herman, Martin, Information Access Division Chief, National 
        Institute of Standards and Technology. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, June 22, 2005, ``Ensuring the Security 
        of America's Borders through the Use of Biometric 
        Passports and Other Identity Documents.''
Heyman, David, Director and Senior Fellow, Homeland Security 
        Program, Center for Strategic and International 
        Studies. Subcommittee on Management, Integration, and 
        Oversight , October 27, 2005, ``The Department of 
        Homeland Security Second-Stage Review: The Role of the 
        Chief Medical Officer.''
Hite, Randy, Director, Information Technology Architecture and 
        Systems, Government Accountability Office. Subcommittee 
        on Management, Integration, and Oversight, of the 
        Committee on Homeland Security, and the Subcommittee on 
        Government Management, Finance, and Accountability of 
        the Committee on Government Reform, March 29, 2006, 
        joint hearing ``Department of Homeland Security 
        Information Technology Challenges and the Future of 
        eMerge2.''
Holdeman, Eric, Director, Office of Emergency Management, King 
        County, State of Washington. Full Committee, May 9, 
        2006, proposed legislation to strengthen FEMA and 
        better integrate it into the Department of Homeland 
        Security, and for other purposes.
Holgate, Laura S. H., Vice President for Russia/New Independent 
        States Programs, Nuclear Threat Initiative. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, May 26, 2005, ``Building a Nuclear Bomb: 
        Identifying Early Indicators of Terrorist Activities.''
Hollis, Richard, Chief Executive Officer, Hollis-Eden 
        Pharmaceuticals, Inc. Subcommittee on Emergency 
        Preparedness, Science, and Technology, July 12, 2005, 
        ``Project BioShield: Linking Bioterrorism Threats and 
        Countermeasure Procurement to Enhance Terrorism 
        Preparedness.''
Hopmeier, Michael J., Chief, Innovative and Unconventional 
        Concepts, Unconventional Concepts, Inc. Subcommittee on 
        Prevention of Nuclear and Biological Attack, November 
        3, 2005, ``BioScience and the Intelligence Community.''
Howell, Andrew, Vice President, Homeland Security Policy 
        Division, U.S. Chamber of Commerce. Subcommittee on 
        Management, Integration, and Oversight and the 
        Subcommittee on Emergency Preparedness, Science and 
        Technology, September 13, 2006, ``Helping Business 
        Protect the Homeland: Is the Department of Homeland 
        Security Effectively Implementing the SAFETY Act?''
Hughes, Lt. General Patrick, (Ret.) Acting Under Secretary, 
        Information Analysis and Infrastructure Protection, 
        Department of Homeland Security. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, February 16, 2005, ``The Proposed Fiscal 
        Year 2006 Budget: Building the Information Analysis 
        Capability of DHS.'' Vice President--Homeland Security, 
        L-3 Communications. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        April 6, 2006, ``Protection of Privacy in the DHS 
        Intelligence Enterprise.''
Huizenga, David, Assistant Deputy Administrator, International 
        Materials Protection and Cooperation, National Nuclear 
        Security Administration, Department of Energy. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, May 25, 2006, ``Enlisting Foreign Cooperation 
        in U.S. Efforts to Prevent Nuclear Smuggling.'' 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack and the Subcommittee on Emergency Preparedness, 
        Science, and Technology, June 21, 2005, ``Detecting 
        Nuclear Weapons and Radiological Materials: How 
        Effective Is Available Technology?''
Hunter, Hon. Duncan, a Representative in Congress from the 
        State of California. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity of the 
        Committee on Homeland Security and the Subcommittee on 
        Criminal Justice, Drug Policy, and Human Resources of 
        the Committee on Government Reform, July 20, 2006, 
        ``Fencing the Border: Construction Options and 
        Strategic Placement.''
Hurtt, Chief Harold, Houston Police Department, City of 
        Houston, State of Texas. Subcommittee on 
        Investigations, August 16, 2006, field hearing in 
        Houston, Texas, ``Criminal Activity and Violence Along 
        the Southern Border.''
Hutchison, Hon. Asa, Chairman of the Homeland Security 
        Practice, Veneble, LLC. Subcommittee on Management, 
        Integration, and Oversight, April 20, 2005, 
        ``Management Challenges Facing the Department of 
        Homeland Security.''

                                   I

Ikle, Dr. Fred, Center for Strategic and International Studies. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, April 19, 2005, ``DHS Coordination of Nuclear 
        Detection Efforts.''
Isom, Robert, Senior Vice President, Customer Service, 
        Northwest Airlines, Inc. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        June 9, 2005, ``The Promise of Registered Traveler.''

                                   J

Jackson, Gary, President, Blackwater USA. Subcommittee on 
        Management, Integration, and Oversight, May 24, 2005, 
        ``Training More Border Agents: How the Department of 
        Homeland Security Can Increase Training Capacity More 
        Effectively.''
Jackson, Hon. Michael P., Deputy Secretary, Department of 
        Homeland Security. Subcommittee on Emergency 
        Preparedness, Science, and Technology of the Committee 
        on Homeland Security and the Subcommittee on Terrorism, 
        Unconventional Threats and Capabilities of the 
        Committee on Armed Services, November 9, 2005, 
        ``Responding to Catastrophic Events: the Role of the 
        Military and National Guard in Disaster Response.''
Jacksta, Robert, Executive Director, Border Security and 
        Facilitation, Office of Field Operations, U.S. Customs 
        and Border Protection, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, May 19, 2005, H.R. 1509, 
        the Recreational Boaters Streamlined Inspection Act.
Jagim, Mary, Member, Emergency Nurses Association. Subcommittee 
        on Emergency Preparedness, Science, and Technology, 
        July 26, 2006, ``Emergency Care Crisis: A Nation 
        Unprepared for Public Health Disasters.''
Jamison, Robert, Deputy Administrator, Federal Transit 
        Administration. Subcommittee on Emergency Preparedness, 
        Science, and Technology, July 26, 2005, ``The London 
        Attacks: Training to Respond in a Mass Transit 
        Environment.'' Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, October 
        20, 2005, ``The London Bombings: Protecting Civilian 
        Targets from Terrorist Attacks.''
Jardines, Eliot, President, Open Source Publishing, Inc. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, June 21, 2005, ``Using Open-
        Source Information Effectively.''
Jenkins, Calvin, Deputy to the Associate Deputy Administrator, 
        Small Business Administration. Subcommittee on 
        Management, Integration, and Oversight, June 15, 2006, 
        ``An Examination of the Department of Homeland 
        Security's Procurement Process Regarding Its Contracts 
        with Shirlington Limousine and Transportation, Inc.''
Jenkins, Dr. William O., Jr., Director, Homeland Security and 
        Justice Issues, Government Accountability Office. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 12, 2005, ``The Need for Grant Reform 
        and The Faster and Smarter Funding for First Responders 
        Act of 2005.'' Full Committee, May 9, 2006, proposed 
        legislation to strengthen FEMA and better integrate it 
        into the Department of Homeland Security, and for other 
        purposes.
Jernigan, D'Wayne, Sheriff, Val Verde County, State of Texas. 
        Subcommittee on Investigations, August 16, 2006, field 
        hearing in Houston, Texas, ``Criminal Activity and 
        Violence Along the Southern Border.''
Johnson, Gregory, President, Chapter 164, National Treasury 
        Employees Union. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity and the 
        Subcommittee on Emergency Preparedness, Science and 
        Technology, August 8, 2006, field hearing in 
        Bellingham, Washington, ``Assessment of Risks at the 
        Northern Border and the Infrastructure Necessary to 
        Address Those Risks.''
Joyce, James A., Chairman and Chief Executive Officer, Aethlon 
        Medical, Inc. Subcommittee on Emergency Preparedness, 
        Science, and Technology, July 12, 2005, ``Project 
        BioShield: Linking Bioterrorism Threats and 
        Countermeasure Procurement to Enhance Terrorism 
        Preparedness.''
Juzaitis, Dr. Raymond J., Associate Director, Nonproliferation, 
        Arms Control, and International Security, Lawrence 
        Livermore National Laboratory, University of 
        California. Subcommittee on Prevention of Nuclear and 
        Biological Attack, September 22, 2005, ``Trends in 
        Illicit Movement of Nuclear Materials.''

                                   K

Kasinitz, Barry, Director, Governmental/Legislative Affairs, 
        International Association of Fire Fighters. Full 
        Committee, May 9, 2006, proposed legislation to 
        strengthen FEMA and better integrate it into the 
        Department of Homeland Security, and for other 
        purposes.
Kelley, Colleen M., President, National Treasury Employees 
        Union. Subcommittee on Management, Integration, and 
        Oversight, May 18, 2006, ``Retention, Security 
        Clearances, Morale, and Other Human Capital Challenges 
        Facing the Department of Homeland Security.''
Kelly, Raymond W., Commissioner, Police Department, City of New 
        York. Full Committee, June 21, 2006, ``DHS Terrorism 
        Preparedness Grants: Risk-Based or Guess-Work?'' 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology and the Subcommittee on Management, 
        Integration, and Oversight, June 23, 2005, ``The 
        National Training Program: Is Anti-Terrorism Training 
        for First Responders Efficient and Effective?''
Kempf, Steve, Regional Director, Region II, Federal Emergency 
        Management Agency, Department of Homeland Security. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, field hearing in Wayne, New Jersey, June 
        26, 2006, ``Preparing for, Responding to, and 
        Preventing Terrorist Attacks, Natural Disasters and 
        Other Emergencies: Is Northern New Jersey Ready?''
Khripunov, Dr. Igor, Associate Director, Center for 
        International Trade and Security, University of 
        Georgia. Subcommittee on Prevention of Nuclear and 
        Biological Attack, June 22, 2006, ``Reducing Nuclear 
        and Biological Threats at the Source.''
Kilcoyne, Paul M., Deputy Assistant Director, Office of 
        Investigations, U.S. Immigration and Customs 
        Enforcement, Department of Homeland Security 
        Subcommittee on Management, Integration, and Oversight, 
        July 27, 2005, ``The 287(g) Program: Ensuring the 
        Integrity of America's Border Security System through 
        Federal-State Partnerships.''
Killen, Chief William D., President, International Association 
        of Fire Chiefs. Subcommittee on Emergency Preparedness, 
        Science, and Technology, September 29, 2005, ``Incident 
        Command, Control, and Communications during 
        Catastrophic Events.''
King, Dr. Lonnie, Senior Veterinarian, Centers for Disease 
        Control and Prevention, U.S. Department of Health and 
        Human Services. Subcommittee on Prevention of Nuclear 
        and Biological Attack, August 24, 2006, 
        ``Agroterrorism's Perfect Storm: Where Human and Animal 
        Disease Collide.''
King, Hon. Steve, a Representative in Congress from the State 
        of Iowa. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity of the 
        Committee on Homeland Security and the Subcommittee on 
        Criminal Justice, Drug Policy, and Human Resources of 
        the Committee on Government Reform, July 20, 2006, 
        ``Fencing the Border: Construction Options and 
        Strategic Placement.''
Klug, Kenneth C., Former Special Agent in Charge, U.S. 
        Immigration and Customs Enforcement, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, March 9, 2005, ``CBP and 
        ICE: Does the Current Organizational Structure Best 
        Serve U.S. Homeland Security Interests?''
Kneuer, John M.R., Acting Assistant Secretary, National 
        Telecommunications and Information Administration, U.S. 
        Department of Commerce. Subcommittee on Emergency 
        Preparedness, Science, and Technology, April 25, 2006, 
        ``The State of Interoperable Communications: 
        Perspectives on Federal Coordination of Grants, 
        Standards, and Technology.''
Knipling, Dr. Edward, Administrator, Agricultural Research 
        Service, Department of Agriculture. Subcommittee on 
        Prevention of Nuclear and Biological Attack, August 24, 
        2006, ``Agroterrorism's Perfect Storm: Where Human and 
        Animal Disease Collide.''
Knutson, Donna, M.S., Deputy Director, Coordinating Office for 
        Terrorism Preparedness and Emergency Response, Centers 
        for Disease Control and Prevention, Department of 
        Health and Human Services. Subcommittee on Emergency 
        Preparedness, Science, and Technology, and the 
        Subcommittee on Management, Integration, and Oversight, 
        June 29, 2005, ``The National Training Program: Is 
        Anti-Terrorism Training for First Responders Efficient 
        and Effective?, Part II.''
Kobach, Dr. Kris W., Professor, University of Missouri-Kansas 
        City School of Law. Subcommittee on Management, 
        Integration, and Oversight, July 27, 2005, ``The 287(g) 
        Program: Ensuring the Integrity of America's Border 
        Security System through Federal-State Partnerships.''
Kolander, Candace, Flight Attendant, Alaska Air, Association of 
        Flight Attendants--Communication Workers of America 
        (AFA-CWA). Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, May 13, 
        2005, ``The Transportation Security Administration's 
        Screening of Airline Pilots: Sound Security Practice or 
        Waste of Scarce Resources?''
Kontny, David, Director, National Explosives Detection Canine 
        Team Program, Transportation Security Administration, 
        Department of Homeland Security. Subcommittee on 
        Management, Integration, and Oversight, September 28, 
        2005, ``Sniffing Out Terrorism: The Use of Dogs in 
        Homeland Security.''
Kozub, Christopher, Associate Director, National Transit 
        Institute. Subcommittee on Emergency Preparedness, 
        Science, and Technology, July 26, 2005, ``The London 
        Attacks: Training to Respond in a Mass Transit 
        Environment.''
Krol, Joseph, Associate Administrator, National Nuclear 
        Security Administration, Department of Energy. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, October 27, 2005, ``Nuclear Incident Response 
        Teams.''
Krug, Dr. Steven, Chairman, Committee on Pediatric Emergency 
        Medicine, American Academy of Pediatrics. Subcommittee 
        on Emergency Preparedness, Science, and Technology, 
        July 26, 2006, ``Emergency Care Crisis: A Nation 
        Unprepared for Public Health Disasters.''
Kubricky, Dr. John, Director, Office of Systems Engineering and 
        Development, Science and Technology Directorate, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology and the 
        Subcommittee on Terrorism, Unconventional Threats and 
        Capabilities of the Committee on Armed Services, July 
        21, 2005, ``Technology Transfer: Leveraging Military 
        Technology to Enhance Homeland Security.''
Kurtz, Paul B., Executive Director, Cyber Security Industry 
        Alliance. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, April 20, 
        2005, H.R. 285, the Department of Homeland Security 
        Cybersecurity Enhancement Act of 2005. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, September 13, 2006, ``The Future of 
        Cyber and Telecommunications Security at the Department 
        of Homeland Security.''
Kutz, Gregory D., Managing Director, Forensic Audits and 
        Special Investigations, Government Accountability 
        Office, accompanied by: Special Agent John J. Ryan, 
        Assistant Director, Forensic Audits and Special 
        Investigations, Government Accountability Office. 
        Subcommittee on Investigations, June 14, 2006, ``Waste, 
        Fraud and Abuse in the Aftermath of Hurricane 
        Katrina.'' Subcommittee on Management, Integration, and 
        Oversight, July 12, 2006, ``Federal 9/11 Assistance to 
        New York: Lessons Learned in Fraud Detection, 
        Prevention, and Control: Part 1--Response.''

                                   L

Larsen, Col. Randy, (Ret.) Chief Executive Officer, Homeland 
        Security Associates, LLC. Subcommittee on Prevention of 
        Nuclear and Biological Attack, April 19, 2005, ``DHS 
        Coordination of Nuclear Detection Efforts.''
Laizure, Michael, Owner-Operator, Time Critical Ordnance 
        Transport, testifying on behalf of the Owner-Operator 
        Independent Drivers Association. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, November 1, 2005, ``Reforming HAZMAT 
        Trucking Security.''
Lee, Dr. Rensselaer, President, Global Advisory Service. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, September 22, 2005, ``Trends in Illicit 
        Movement of Nuclear Materials.''
Legarreta, Esequiel, Deputy Sheriff, Hudspeth County, State of 
        Texas. Subcommittee on Investigations, February 7, 
        2006, ``Armed and Dangerous: Confronting the Problem of 
        Border Incursions.''
Lehman, Ambassador Ronald F., II, Director, Center for Global 
        Security Research. Subcommittee on Prevention of 
        Nuclear and Biological Attack, May 26, 2005, ``Building 
        a Nuclear Bomb: Identifying Early Indicators of 
        Terrorist Activities.''
Lennon, Paul, Director of Intelligence and Emergency 
        Preparedness Management, Los Angeles County 
        Metropolitan Transit Authority. Subcommittee on 
        Emergency Preparedness, Science, and Technology, July 
        26, 2005, ``The London Attacks: Training to Respond in 
        a Mass Transit Environment.''
Lemack, Carie, Co-Founder, Families of September 11. 
        Subcommittee on Management, Integration, and Oversight, 
        July 12, 2006, ``Federal 9/11 Assistance to New York: 
        Lessons Learned in Fraud Detection, Prevention, and 
        Control: Part 1--Response.''
Lenkart, Steven V., Director of Legislative Affairs, 
        International Brotherhood of Police Officers. Full 
        Committee, May 9, 2006, proposed legislation to 
        strengthen FEMA and better integrate it into the 
        Department of Homeland Security, and for other 
        purposes.
Lewis, Christopher, M., Vice President of Alternative Market 
        Solutions, P&C Capital Management, the Hartford 
        Financial Services Group, Inc. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment of the Committee on Homeland Security and 
        the Subcommittee on Oversight and Investigations of the 
        Committee on Financial Services, July 25, 2006, 
        ``Terrorism Threats and the Insurance Market.''
Lewis, John, Deputy Assistant Director, Federal Bureau of 
        Investigation, Department of Justice. Subcommittee on 
        Prevention of Nuclear and Biological Attack, October 
        27, 2005, ``Nuclear Incident Response Teams.''
Lewis-Pickett, Linda, President and CEO, American Association 
        of Motor Vehicle Administrators. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, November 1, 2005, ``Reforming HAZMAT 
        Trucking Security.''
Liebersbach, David E., Immediate Past President, National 
        Emergency Management Association. Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        September 29, 2005, ``Incident Command, Control, and 
        Communications during Catastrophic Events.''
Linderman, Diane, Director-at-Large, Public Works Management/
        Leadership, American Public Works Association. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, February 15, 2006, ``The State of 
        Interoperable Communications: Perspectives from the 
        Field.''
Loehr, Michael, Director of Preparedness, Public Health--
        Seattle and King County, Washington. Subcommittee on 
        Emergency Preparedness, Science, and Technology, April 
        12, 2006, field hearing in Orting, Washington, 
        ``Emergency Planning and Preparedness: Federal, State, 
        and Local Coordination.''
Lord, Gregg, Director, National Association of Emergency Medial 
        Technicians, Division Chief--EMS, Cherokee County Fire-
        Emergency Services. Full Committee, April 14, 2005, 
        ``Grant Reform: The Faster and Smarter Funding for 
        First Responders Act of 2005.''
Lovegrove, Brett, Superintendent, Anti-Terrorism Branch, City 
        of London Police, London, United Kingdom of Great 
        Britain and Northern Ireland. Subcommittee on 
        Prevention of Nuclear and Biological Attack, September 
        21, 2006, ``Police as First Preventers: Local 
        Strategies in the War on Terror.''
Lowell, Dr. Jeffrey A., Professor of Surgery and Pediatrics, 
        Washington University School of Medicine. Subcommittee 
        on Management, Integration, and Oversight, October 27, 
        2005, ``The Department of Homeland Security Second-
        Stage Review: The Role of the Chief Medical Officer.''
Lowenberg, Major General Timothy J., Adjutant General of 
        Washington, Washington National Guard. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity and the Subcommittee on Emergency 
        Preparedness, Science and Technology, August 8, 2006, 
        field hearing in Bellingham, Washington, ``Assessment 
        of Risks at the Northern Border and the Infrastructure 
        Necessary to Address Those Risks.''
Lowery, Clay, Assistant Secretary for International Affairs, 
        Department of the Treasury. Full Committee, May 24, 
        2006, ``The Need for CFIUS to Address Homeland Security 
        Concerns.''
Lowy, Peter, Chief Executive Officer, Westfield America, Inc. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, September 7, 2005, ``The 
        London Bombings: Protecting Civilian Targets from 
        Terrorist Attacks.''

                                   M

MacCarthy, Mark, Senior Vice President for Public Policy, Visa 
        U.S.A. Subcommittee on Management, Integration, and 
        Oversight, April 14, 2005, ``The Need to Strengthen 
        Information Security at the Department of Homeland 
        Security.''
MacDougall, Dr. Alan, Chief, Counterproliferation Support 
        Office, Defense Intelligence Agency Subcommittee on 
        Prevention of Nuclear and Biological Attack, May 4, 
        2006, ``BioScience and the Intelligence Community (Part 
        II): Closing the Gap.''
Martin, Kevin J., Chairman, Federal Communications Commission. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 6, 2006, ``The State of Interoperable 
        Communications: Federal Coordination of 
        Interoperability Efforts and Investments.''
Madar, Scott, Assistant Director, Safety and Health Department, 
        International Brotherhood of Teamsters. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, November 1, 2005, ``Reforming HAZMAT 
        Trucking Security.''
Madsen, Joe, Director, Safety & Risk Management, Spokane Public 
        Schools, Spokane, Washington. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        September 7, 2005, ``The London Bombings: Protecting 
        Civilian Targets from Terrorist Attacks.''
Malesky, Colonel Russell, Counter-Drug Commander, Texas 
        National Guard. Subcommittee on Investigations, August 
        16, 2006, field hearing in Houston, Texas, ``Criminal 
        Activity and Violence Along the Southern Border.''
Maloney, Hon. Carolyn B., a Representative in Congress from the 
        State of New York. Full Committee, May 24, 2006, ``The 
        Need for CFIUS to Address Homeland Security Concerns.''
Mann, Carl, Chief Inspector, Office of Inspections and Special 
        Reviews, Office of Inspector General, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, December 16, 2005, 
        ``Mismanagement of the Border Surveillance System and 
        Lessons for the New Secure Border Initiative.'' 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity of the Committee on 
        Homeland Security and the Subcommittee on Criminal 
        Justice, Drug Policy, and Human Resources of the 
        Committee on Government Reform, July 20, 2006, 
        ``Fencing the Border: Construction Options and 
        Strategic Placement.''
Marburger, Dr. John, Director, Office of Science and Technology 
        Policy, Executive Office of the President. Subcommittee 
        on Prevention of Nuclear and Biological Attack, 
        September 14, 2006, ``The Science of Prevention.''
Markheim, Daniella, Jay Van Andel Senior Analyst in Trade 
        Policy, Center for International Trade and Economics, 
        the Heritage Foundation. Full Committee, May 24, 2006, 
        ``The Need for CFIUS to Address Homeland Security 
        Concerns.''
Martin, John, Director, San Francisco International Airport. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, July 28, 2005, 
        ``Improving Management of the Aviation Screening 
        Workforce.''
May, James C., President and Chief Executive Officer, Air 
        Transport Association. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        June 29, 2005, ``Improving Pre-Screening of Aviation 
        Passengers against Terrorist and Other Watch Lists.''
Mayer, Matt A., Acting Executive Director, Office of State and 
        Local Government Coordination and Preparedness, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        February 10, 2005, ``The Proposed Fiscal Year 2006 
        Budget: Enhancing Terrorism Preparedness for First 
        Responders.'' Subcommittee on Emergency Preparedness, 
        Science, and Technology, and the Subcommittee on 
        Management, Integration, and Oversight, June 29, 2005, 
        ``The National Training Program: Is Anti-Terrorism 
        Training for First Responders Efficient and Effective?, 
        Part II.''
Mayne, Art, Specifications Writer, Merchants Metals. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity of the Committee on 
        Homeland Security and the Subcommittee on Criminal 
        Justice, Drug Policy, and Human Resources of the 
        Committee on Government Reform, July 20, 2006, 
        ``Fencing the Border: Construction Options and 
        Strategic Placement.''
McCraw, Steve, Homeland Security Director, Office of the 
        Governor, State of Texas. Subcommittee on 
        Investigations, August 16, 2006, field hearing in 
        Houston, Texas, ``Criminal Activity and Violence Along 
        the Southern Border.''
McElwee, Jerry W., Vice President SBInet, Boeing Advanced 
        Systems. Subcommittee on Management, Integration, and 
        Oversight, November 15, 2006, ``The Secure Border 
        Initiative: Ensuring Effective Implementation and 
        Financial Accountability of SBInet.''
McGowan, Deirdre, Executive Director, Inland Rivers, Ports and 
        Terminals Association Full Committee, March 22, 2005, 
        ``Protecting Our Commerce: Port and Waterways 
        Security.''
McGowan, Patrick D., Chairman, Weapons of Mass Destruction 
        Committee, National Sheriff's Association; Captain Jack 
        Reall, National Fire Academy Board of Visitors. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology and the Subcommittee on Management, 
        Integration, and Oversight, June 23, 2005, ``The 
        National Training Program: Is Anti-Terrorism Training 
        for First Responders Efficient and Effective?''
McGuire, Robert, Associate Administrator, Pipeline & Hazardous 
        Materials Safety Administration, Department of 
        Transportation. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, November 
        1, 2005, ``Reforming HAZMAT Trucking Security.''
McHale, Hon. Paul, Assistant Secretary of Defense, Homeland 
        Defense, Department of Defense. Subcommittee on 
        Emergency Preparedness, Science, and Technology of the 
        Committee on Homeland Security and the Subcommittee on 
        Terrorism, Unconventional Threats and Capabilities of 
        the Committee on Armed Services, November 9, 2005, 
        ``Responding to Catastrophic Events: the Role of the 
        Military and National Guard in Disaster Response.''
McMahon, James W., Director, New York State Office of Homeland 
        Security. Subcommittee on Prevention of Nuclear and 
        Biological Attack, December 14, 2005, H.R. 3197, the 
        Secure Handling of Ammonium Nitrate Act of 2005.
McNamara, Ambassador Ted, Information Sharing Program Manager, 
        Office of the Director of National Intelligence. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, May 10, 2006, ``Building the 
        Information Sharing Environment: Addressing the 
        Challenges of Implementation.''
McTigue, Hon. Maurice P., Distinguished Visiting Fellow, 
        Director, Government Accountability Project, Mercatus 
        Center, George Mason University. Subcommittee on 
        Management, Integration, and Oversight, Wednesday, June 
        29, 2005, ``Transforming the Department of Homeland 
        Security Through Mission-based Budgeting.''
Meldon, Michael M., Executive Director, Homeland Security and 
        Defense Business Council. Subcommittee on Management, 
        Integration, and Oversight and the Subcommittee on 
        Emergency Preparedness, Science and Technology, 
        September 13, 2006, ``Helping Business Protect the 
        Homeland: Is the Department of Homeland Security 
        Effectively Implementing the SAFETY Act?''
Menchini, Hon. Gino, Commissioner, Department of Information 
        Technology and Telecommunications, City of New York, 
        State of New York. Subcommittee on Emergency 
        Preparedness, Science, and Technology, March 1, 2006, 
        ``The State of Interoperable Communications: 
        Perspectives from State and Local Governments.''
Metzger, Carl J., Director, Government Results Center. 
        Subcommittee on Management, Integration, and Oversight, 
        June 29, 2005, ``Transforming the Department of 
        Homeland Security Through Mission-based Budgeting.''
Mildenberger, Eileen, Chief Operating Officer, Empire State 
        Development Corporation. Subcommittee on Management, 
        Integration, and Oversight, July 13, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 2--Recovery.''
Millar, Bill, President, American Public Transportation 
        Association. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, September 
        7, 2005, ``The London Bombings: Protecting Civilian 
        Targets from Terrorist Attacks.''
Miller, Dr. David L., Administrator, Iowa Homeland Security and 
        Emergency Management Division. Subcommittee on 
        Emergency Preparedness, Science, and Technology, April 
        12, 2005, ``The Need for Grant Reform and The Faster 
        and Smarter Funding for First Responders Act of 2005.''
Miller, Harris, President, Information Technology Association 
        of America. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, April 20, 
        2005, H.R. 285, the Department of Homeland Security 
        Cybersecurity Enhancement Act of 2005.
Miiller, Tom, General Counsel, L-3 Services Group. Subcommittee 
        on Management, Integration, and Oversight, November 15, 
        2006, ``The Secure Border Initiative: Ensuring 
        Effective Implementation and Financial Accountability 
        of SBInet.''
Mitchell, Hon. David B., Secretary, Department of Safety and 
        Homeland Security, State of Delaware. Subcommittee on 
        Emergency Preparedness, Science, and Technology and the 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, February 8, 2006, ``Protecting the Homeland: 
        Fighting Pandemic Flu From the Front Lines.''
Mitzel, William, MS, ARM, ALCM, Risk Control Specialist, Home 
        Office Commercial Lines, Unigard Insurance Group. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 12, 2006, field hearing in Orting, 
        Washington, ``Emergency Planning and Preparedness: 
        Federal, State, and Local Coordination.''
Moore, Timothy, Director of Federal Programs, National 
        Agricultural Biosecurity Center, Kansas State 
        University. Subcommittee on Management, Integration, 
        and Oversight , October 27, 2005, ``The Department of 
        Homeland Security Second-Stage Review: The Role of the 
        Chief Medical Officer.''
Moran, Kenneth P., Director, Office of Homeland Security, 
        Enforcement Bureau, Federal Communications Commission. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, October 26, 2005, ``Ensuring Operability 
        During Catastrophic Events.'' Subcommittee on Emergency 
        Preparedness, Science, and Technology, April 25, 2006, 
        ``The State of Interoperable Communications: 
        Perspectives on Federal Coordination of Grants, 
        Standards, and Technology.''
Morange, William A., Deputy Executive Director/Director of 
        Security, State of New York. Subcommittee on Emergency 
        Preparedness, Science, and Technology, July 26, 2005, 
        ``The London Attacks: Training to Respond in a Mass 
        Transit Environment.''
Morgan, John, Assistant Director for Science and Technology, 
        National Institute of Justice, Department of Justice. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 25, 2006, ``The State of 
        Interoperable Communications: Perspectives on Federal 
        Coordination of Grants, Standards, and Technology.''
Moriarity, Dr. C. Michael, Associate Provost and Vice President 
        for Research, Auburn University. Subcommittee on 
        Management, Integration, and Oversight, September 28, 
        2005, ``Sniffing Out Terrorism: The Use of Dogs in 
        Homeland Security.''
Moriarty, John, Inspector General, Department of Criminal 
        Justice, State of Texas. Subcommittee on 
        Investigations, August 16, 2006, field hearing in 
        Houston, Texas, ``Criminal Activity and Violence Along 
        the Southern Border.''
Moroney, William, President and Chief Executive Officer, United 
        Telecom Council. Subcommittee on Emergency 
        Preparedness, Science, and Technology, February 15, 
        2006, ``The State of Interoperable Communications: 
        Perspectives from the Field.''
Morr, Karen T., Acting Assistant Secretary, Office of 
        Information Analysis, Information Analysis and 
        Infrastructure Protection Directorate, Department of 
        Homeland Security. Subcommittee on Emergency 
        Preparedness, Science, and Technology, July 12, 2005, 
        ``Project BioShield: Linking Bioterrorism Threats and 
        Countermeasure Procurement to Enhance Terrorism 
        Preparedness.''
Moss, Frank, Deputy Assistant Secretary, Consular Affairs, 
        Department of State. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, June 22, 
        2005, ``Ensuring the Security of America's Borders 
        through the Use of Biometric Passports and Other 
        Identity Documents.''
Mullen, James, Director, Emergency Management Division, 
        Washington Military Department. Subcommittee on 
        Emergency Preparedness, Science, and Technology, April 
        12, 2006, field hearing in Orting, Washington, 
        ``Emergency Planning and Preparedness: Federal, State, 
        and Local Coordination.''
Myers, Julie L., Assistant Secretary, Immigration and Customs 
        Enforcement, Department of Homeland Security. 
        Subcommittee on Management, Integration, and Oversight, 
        May 11, 2006, ``CBP and ICE: Does the Current 
        Organizational Structure Best Serve U.S. Homeland 
        Security Interests? Part III.''

                                   N

Napolitano, Hon. Janet, Governor, State of Arizona. Full 
        Committee, October 19, 2005, ``Federalism and Disaster 
        Response: Examining the Roles and Responsibilities of 
        Local, State, and Federal Agencies.''
Nestor, Michael, Director, Office of Investigations, Port 
        Authority of New York and New Jersey. Subcommittee on 
        Management, Integration, and Oversight, July 13, 2006, 
        ``Federal 9/11 Assistance to New York: Lessons Learned 
        in Fraud Detection, Prevention, and Control: Part 3--
        Rebuilding.''
Nixon, Dennis, Chairman, International Bank of Commerce. 
        Subcommittee on Investigations, August 16, 2006, field 
        hearing in Houston, Texas, ``Criminal Activity and 
        Violence Along the Southern Border.''
Norton, Michael, Managing Director of Global Property 
        Management, Tishman Speyer Properties. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, September 7, 2005, ``The London 
        Bombings: Protecting Civilian Targets from Terrorist 
        Attacks.''

                                   O

O'Brien, Major Michael, Sheriff's Office, Harris County, State 
        of Texas. Subcommittee on Investigations, August 16, 
        2006, field hearing in Houston, Texas, ``Criminal 
        Activity and Violence Along the Southern Border.''
O'Connell, Cynthia, Acting Director, Office of Intelligence, 
        Immigration and Customs Enforcement, Department of 
        Homeland Security. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        June 28, 2006, ``DHS Intelligence and Border Security: 
        Delivering Operational Intelligence.''
O'Connor, Kevin B., Associate to the General President, 
        International Association of Fire Fighters. Full 
        Committee, April 14, 2005, ``Grant Reform: The Faster 
        and Smarter Funding for First Responders Act of 2005.''
O'Hanlon, Michael, Senior Fellow in Foreign Policy Studies, 
        Brookings Institution. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        June 28, 2006, ``DHS Intelligence and Border Security: 
        Delivering Operational Intelligence.''
O'Neill, William Paul, Jr., President, International Raw 
        Materials, testifying on behalf of Agricultural 
        Retailers Association. Subcommittee on Prevention of 
        Nuclear and Biological Attack, December 14, 2005, H.R. 
        3197, the Secure Handling of Ammonium Nitrate Act of 
        2005.
O'Toole, Dr. Tara, Chief Executive Officer and Director, Center 
        for Biosecurity, University of Pittsburgh Medical 
        Center. Subcommittee on Emergency Preparedness, 
        Science, and Technology and the Subcommittee on 
        Prevention of Nuclear and Biological Attack, February 
        8, 2006, ``Protecting the Homeland: Fighting Pandemic 
        Flu From the Front Lines.''
Oberman, Justin, Assistant Administrator, Secure Flight and 
        Registered Traveler, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 29, 2005, 
        ``Improving Pre-Screening of Aviation Passengers 
        against Terrorist and Other Watch Lists.''
Oberman, Justin, Assistant Director, Transportation Threat 
        Assessment & Credentialing, Transportation Security 
        Administration, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, November 1, 2005, 
        ``Reforming HAZMAT Trucking Security.''
Onek, Joe, Senior Policy Analyst, Open Society Institute. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, June 21, 2005, ``Using Open-
        Source Information Effectively.''
Orr, Dereck, Program Manager, Public Safety Communications 
        Systems, National Institute of Standards and 
        Technology. Subcommittee on Emergency Preparedness, 
        Science, and Technology, April 25, 2006, ``The State of 
        Interoperable Communications: Perspectives on Federal 
        Coordination of Grants, Standards, and Technology.''
Oxford, Vayl, Acting Director, Domestic Nuclear Detection 
        Office, Department of Homeland Security. Subcommittee 
        on Prevention of Nuclear and Biological Attack, April 
        20, 2005, ``DHS Coordination of Nuclear Detection 
        Efforts.'' Subcommittee on Prevention of Nuclear and 
        Biological Attack, May 25, 2006, ``Enlisting Foreign 
        Cooperation in U.S. Efforts to Prevent Nuclear 
        Smuggling.'' Subcommittee on Prevention of Nuclear and 
        Biological Attack and the Subcommittee on Emergency 
        Preparedness, Science, and Technology, June 21, 2005, 
        ``Detecting Nuclear Weapons and Radiological Materials: 
        How Effective Is Available Technology?'' Subcommittee 
        on Prevention of Nuclear and Biological Attack, 
        September 13, 2006, ``The Science of Prevention.''
Oxley, Dr. Jimmie C., Professor of Chemistry, University of 
        Rhode Island. Subcommittee on Prevention of Nuclear and 
        Biological Attack, December 14, 2005, H.R. 3197, the 
        Secure Handling of Ammonium Nitrate Act of 2005.

                                   P

Paller, Alan, Director of Research, The SANS Institute. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity and the Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        October 18, 2005, ``SCADA and the Terrorist Threat: 
        Protecting the Nation's Critical Control Systems.''
Paul, Jerry, Principal Deputy Administrator, National Nuclear 
        Security Administration, Department of Energy. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, June 22, 2006, ``Reducing Nuclear and 
        Biological Threats at the Source.''
Paulison, David, R., Administrator, U.S. Fire Administration, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology, and 
        the Subcommittee on Management, Integration, and 
        Oversight, June 29, 2005, ``The National Training 
        Program: Is Anti-Terrorism Training for First 
        Responders Efficient and Effective?, Part II.''
Pastor, Sheriff Paul A., Jr., Pierce County Sheriff's Office, 
        State of Washington. Subcommittee on Emergency 
        Preparedness, Science, and Technology, April 12, 2006, 
        field hearing in Orting, Washington, ``Emergency 
        Planning and Preparedness: Federal, State, and Local 
        Coordination.''
Patrick, Connie, Director, Federal Law Enforcement Training 
        Center, Department of Homeland Security. Subcommittee 
        on Management, Integration, and Oversight, May 24, 
        2005, ``Training More Border Agents: How the Department 
        of Homeland Security Can Increase Training Capacity 
        More Effectively.''
Parker, Louis, President and Chief Executive Officer, General 
        Electric Security. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, July 13, 
        2005, ``Leveraging Technology to Improve Aviation 
        Security.''
Payton, Sue, Deputy Under Secretary of Defense for Advanced 
        Systems and Concepts, Department of Defense. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology and the Subcommittee on Terrorism, 
        Unconventional Threats and Capabilities of the 
        Committee on Armed Services, July 21, 2005, 
        ``Technology Transfer: Leveraging Military Technology 
        to Enhance Homeland Security.''
Pease, Bruce, Director, Weapons Intelligence, Nonproliferation 
        and Arms Control, Central Intelligence Agency. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, May 4, 2006, ``BioScience and the Intelligence 
        Community (Part II): Closing the Gap.''
Peed, Carl, Executive Director, Office of Community Oriented 
        Policing Services (COPS), Department of Justice. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 6, 2006, ``The State of Interoperable 
        Communications: Federal Coordination of 
        Interoperability Efforts and Investments.'' 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 25, 2006, ``The State of 
        Interoperable Communications: Perspectives on Federal 
        Coordination of Grants, Standards, and Technology.''
Pelgrin, William, Director, New York State Office of Cyber 
        Security and Critical Infrastructure. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, September 13, 2006, ``The Future of 
        Cyber and Telecommunications Security at the Department 
        of Homeland Security.''
Pellegrino, Greg, Global Managing Director--Public Sector, 
        Deloitte Touche Tohmatsu. Subcommittee on Management, 
        Integration, and Oversight, June 16, 2005, 
        ``Mismanagement of the Border Surveillance System and 
        Lessons for the New America's Shield Initiative.''
Pena, Alonzo, Special-Agent-in-Charge, Immigration and Customs 
        Enforcement, Department of Homeland Security. 
        Subcommittee on Investigations, August 16, 2006, field 
        hearing in Houston, Texas, ``Criminal Activity and 
        Violence Along the Southern Border.''
Pentimonti, Eugene, Senior Vice President, Government 
        Relations, MAERSK Inc. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity, 
        March 16, 2006, H.R. 4954, to improve maritime and 
        cargo security through enhanced layered defenses, and 
        for other purposes.
Perry, Casey L., Trooper, Wisconsin State Patrol, Chairman, 
        National Troopers Coalition. Subcommittee on Emergency 
        Preparedness, Science, and Technology, February 15, 
        2006, ``The State of Interoperable Communications: 
        Perspectives from the Field.''
Perry, Rick, Governor, State of Texas. Full Committee, October 
        19, 2005, ``Federalism and Disaster Response: Examining 
        the Roles and Responsibilities of Local, State, and 
        Federal Agencies.''
Phares, Dr. Walid, Senior Fellow, Foundation for the Defense of 
        Democracies. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, September 20, 
        2006, ``The Homeland Security Implications of 
        Radicalization.''
Phillips, Frances B., RN, MHA, Health Officer, Anne Arundel 
        County, Maryland Department of Health. Subcommittee on 
        Emergency Preparedness, Science, and Technology and the 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, February 8, 2006, ``Protecting the Homeland: 
        Fighting Pandemic Flu From the Front Lines.''
Picciano, Joe, Deputy Director for Region II, Federal Emergency 
        Management Agency, Department of Homeland Security. 
        Subcommittee on Management, Integration, and Oversight, 
        July 12, 2006, ``Federal 9/11 Assistance to New York: 
        Lessons Learned in Fraud Detection, Prevention, and 
        Control: Part 1--Response.''
Pinsky, Dr. William W., Executive Vice President & Chief 
        Academic Officer, Ochsner Clinic Foundation, American 
        Hospital Association. Subcommittee on Emergency 
        Preparedness, Science, and Technology, February 15, 
        2006, ``The State of Interoperable Communications: 
        Perspectives from the Field.''
Poole, Robert, Director of Transportation Studies, and Founder, 
        Reason Foundation. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, July 28, 
        2005, ``Improving Management of the Aviation Screening 
        Workforce.''
Postorino, Michael, Fire Chief, City of Paterson, State of New 
        Jersey. Subcommittee on Emergency Preparedness, 
        Science, and Technology, field hearing in Wayne, New 
        Jersey, June 26, 2006, ``Preparing for, Responding to, 
        and Preventing Terrorist Attacks, Natural Disasters and 
        Other Emergencies: Is Northern New Jersey Ready?''
Powner, David, Director, Information Technology Management 
        Issues, Government Accountability Office. Subcommittee 
        on Economic Security, Infrastructure Protection, and 
        Cybersecurity, September 13, 2006, ``The Future of 
        Cyber and Telecommunications Security at the Department 
        of Homeland Security.''
Prillaman, K. Gregg, Chief Human Capital Officer, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, May 18, 2006, ``Retention, 
        Security Clearances, Morale, and Other Human Capital 
        Challenges Facing the Department of Homeland 
        Security.''
Proctor, Steve, Executive Director, Utah Communications Agency 
        Network testifying on behalf of Association of Public-
        Safety Communications Officials. Subcommittee on 
        Emergency Preparedness, Science, and Technology, March 
        1, 2006, ``The State of Interoperable Communications: 
        Perspectives from State and Local Governments.''
Pryor, Stefan, President, Lower Manhattan Development 
        Corporation. Subcommittee on Management, Integration, 
        and Oversight, July 13, 2006, ``Federal 9/11 Assistance 
        to New York: Lessons Learned in Fraud Detection, 
        Prevention, and Control: Part 2--Recovery.''
Pugh, William, Director of Public Works / Assistant City 
        Manager, Tacoma, Washington. Subcommittee on Emergency 
        Preparedness, Science, and Technology, April 12, 2006, 
        field hearing in Orting, Washington, ``Emergency 
        Planning and Preparedness: Federal, State, and Local 
        Coordination.''
Purdy, Donald ``Andy,'' Acting Director, National Cyber 
        Security Division, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity and the Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        October 18, 2005, ``SCADA and the Terrorist Threat: 
        Protecting the Nation's Critical Control Systems.''

                                   Q

Quan, Gordon, Resident, Houston, Texas. Subcommittee on 
        Investigations, August 16, 2006, field hearing in 
        Houston, Texas, ``Criminal Activity and Violence Along 
        the Southern Border.''

                                   R

Rabkin, Norman, Managing Director, Homeland Security and 
        Justice, Government Accountability Office. Subcommittee 
        on Management, Integration, and Oversight, April 20, 
        2005, ``Management Challenges Facing the Department of 
        Homeland Security.''
Ramsay, Charles H., Chief of Police, Metropolitan Police 
        Department, District of Columbia. Full Committee, June 
        21, 2006, ``DHS Terrorism Preparedness Grants: Risk-
        Based or Guess-Work?''
Rapp, Captain Charles, Director, Maryland Coordination and 
        Analysis Center. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        September 13, 2006, ``The Homeland Security Information 
        Network: An Update on DHS Information Sharing 
        Efforts.''
Reall, Captain Jack, National Fire Academy Board of Visitors. 
        Subcommittee on Management, Integration, and Oversight 
        and the Subcommittee on Emergency Preparedness, 
        Science, and Technology, June 23, 2005, ``The National 
        Training Program: Is Anti-Terrorism Training for First 
        Responders Efficient and Effective?''
Reardon, Joseph W., Food Administrator, Food and Drug 
        Protection Division, North Carolina Department of 
        Agriculture and Consumer Services. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, May 25, 2005, ``Evaluating the Threat of 
        Agro-Terrorism.''
Record, Frank, Acting Assistant Secretary of State for 
        International Security and Nonproliferation, Department 
        of State. Subcommittee on Prevention of Nuclear and 
        Biological Attack, May 25, 2006, ``Enlisting Foreign 
        Cooperation in U.S. Efforts to Prevent Nuclear 
        Smuggling.''
Subcommittee on Prevention of Nuclear and Biological Attack, 
        June 22, 2006, ``Reducing Nuclear and Biological 
        Threats at the Source.''
Recknor, Terri, President, Garrison and Sloan Canine Detection. 
        Subcommittee on Management, Integration, and Oversight, 
        Wednesday, September 28, 2005, ``Sniffing Out 
        Terrorism: The Use of Dogs in Homeland Security.''
Reese, Shawn, Analyst in American National Government, 
        Government and Finance Division, Congressional Research 
        Service. Subcommittee on Emergency Preparedness, 
        Science, and Technology and the Subcommittee on 
        Management, Integration, and Oversight, June 23, 2005, 
        ``The National Training Program: Is Anti-Terrorism 
        Training for First Responders Efficient and 
        Effective?''
Reimer, General Dennis, (Ret.) Director, National Memorial 
        Institute for the Prevention of Terrorism. Subcommittee 
        on Emergency Preparedness, Science, and Technology, 
        February 10, 2005, ``The Proposed Fiscal Year 2006 
        Budget: Enhancing Terrorism Preparedness for First 
        Responders.''
Reiskin, Edward D., Deputy Mayor, Public Safety and Justice, 
        City of Washington, District of Columbia. Full 
        Committee, June 21, 2006, ``DHS Terrorism Preparedness 
        Grants: Risk-Based or Guess-Work?''
Relman, Dr. David A., Associate Professor, Microbiology & 
        Immunology, and of Medicine, Stanford University. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, November 3, 2005, ``BioScience and the 
        Intelligence Community.''
Rey, Hon. Mark, Under Secretary, Natural Resources and 
        Environment, Department of Agriculture. Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        October 26, 2005, ``Ensuring Operability During 
        Catastrophic Events.''
Reyes, Hon. Silvestre, a Representative in Congress from the 
        State of Texas. Subcommittee on Investigations, 
        February 7, 2006, ``Armed and Dangerous: Confronting 
        the Problem of Border Incursions.'' Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity of the Committee on Homeland Security and 
        the Subcommittee on Criminal Justice, Drug Policy, and 
        Human Resources of the Committee on Government Reform, 
        July 20, 2006, ``Fencing the Border: Construction 
        Options and Strategic Placement.''
Riley, K. Jack, Director, Homeland Security Center, RAND 
        Corporation. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity and the 
        Subcommittee on Emergency Preparedness, Science and 
        Technology, August 8, 2006, field hearing in 
        Bellingham, Washington, ``Assessment of Risks at the 
        Northern Border and the Infrastructure Necessary to 
        Address Those Risks.''
Ritzema, Ruth, Special Agent in Charge for New York, Office of 
        Inspector General, Department of Housing and Urban 
        Development. Subcommittee on Management, Integration, 
        and Oversight, July 13, 2006, ``Federal 9/11 Assistance 
        to New York: Lessons Learned in Fraud Detection, 
        Prevention, and Control: Part 2--Recovery.''
Rizkalla, Cherif, President, Smiths Detection, Americas. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, July 13, 2005, 
        ``Leveraging Technology to Improve Aviation Security.''
Romero, Dr. Van D., Vice President, Research and Economic 
        Development, New Mexico Institute of Mining and 
        Technology. Subcommittee on Emergency Preparedness, 
        Science, and Technology and Subcommittee on Management, 
        Integration, and Oversight, June 23, 2005, ``The 
        National Training Program: Is Anti-Terrorism Training 
        for First Responders Efficient and Effective?''
Rosapep, Terry, Deputy Associate Administrator, Office of 
        Program Management, Federal Transit Agency. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, September 28, 2006, 
        ``Front-line Defense: Security Training for Mass 
        Transit and Rail Employees.''
Rosenzweig, Paul, Senior Legal Research Fellow, Center for 
        Legal and Judicial Studies, The Heritage Foundation. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 29, 2005, 
        ``Improving Pre-Screening of Aviation Passengers 
        against Terrorist and Other Watch Lists.''
Rooney, Bethann, Manager, Port Security, Port Authority of New 
        York & New Jersey. Subcommittee on Prevention of 
        Nuclear and Biological Attack and the Subcommittee on 
        Emergency Preparedness, Science, and Technology, June 
        21, 2005, ``Detecting Nuclear Weapons and Radiological 
        Materials: How Effective Is Available Technology?''
Rotenberg, Marc, Executive Director, Electronic Privacy 
        Information Center National Office. Economic Security, 
        Infrastructure Protection, and Cybersecurity, November 
        3, 2005, ``The Future of TSA's Registered Traveler 
        Program.''
Rotonda, Chief Joseph, Township of Belleville Police, State of 
        New Jersey. Subcommittee on Emergency Preparedness, 
        Science, and Technology, field hearing in Wayne, New 
        Jersey, June 26, 2006, ``Preparing for, Responding to, 
        and Preventing Terrorist Attacks, Natural Disasters and 
        Other Emergencies: Is Northern New Jersey Ready?''
Rowe, Major General Richard J., Jr., Director of Operations, 
        U.S. Northern Command, Department of Defense. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology of the Committee on Homeland Security and 
        the Subcommittee on Terrorism, Unconventional Threats 
        and Capabilities of the Committee on Armed Services, 
        November 9, 2005, ``Responding to Catastrophic Events: 
        the Role of the Military and National Guard in Disaster 
        Response.''
Rowe, Rick, Chief Executive Officer, SafeView, Inc. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, July 13, 2005, 
        ``Leveraging Technology to Improve Aviation Security.''
Rosenthal, Hon. Charles, District Attorney, Harris County, 
        State of Texas. Subcommittee on Investigations, August 
        16, 2006, field hearing in Houston, Texas, ``Criminal 
        Activity and Violence Along the Southern Border.''
Ruiz, Carrie, Resident, Houston, Texas. Subcommittee on 
        Investigations, August 16, 2006, field hearing in 
        Houston, Texas, ``Criminal Activity and Violence Along 
        the Southern Border.''
Rufe, Vice Admiral Roger T., Jr., (Ret. USCG), Director, 
        Operations Directorate, Department of Homeland 
        Security. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, September 13, 
        2006, ``The Homeland Security Information Network: An 
        Update on DHS Information Sharing Efforts.''
Runge, Dr. Jeffrey W., Chief Medical Officer, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, October 27, 2005, ``The 
        Department of Homeland Security Second-Stage Review: 
        The Role of the Chief Medical Officer.'' Full 
        Committee, May 16, 2006, ``Are We Ready?: Implementing 
        the National Strategy for Pandemic Influenza.'' 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, August 24, 2006, ``Agroterrorism's Perfect 
        Storm: Where Human and Animal Disease Collide.''
Rush, Dr. William, Institute Physicist, Gas Technology 
        Institute. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity and the 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, October 18, 2005, ``SCADA and the Terrorist 
        Threat: Protecting the Nation's Critical Control 
        Systems.''
Russack, John, Information Sharing Program Manager, Office of 
        the Director of National Intelligence. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, November 8, 2005, ``Federal Support for 
        Homeland Security Information Sharing: The Role of the 
        Information Sharing Program Manager.''
Russell, Stephen, Chairman and CEO, Celadon Group Inc., 
        testifying on behalf of American Trucking Association. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, November 1, 2005, 
        ``Reforming HAZMAT Trucking Security.''

                                   S

Salerno, Captain Brian, Deputy Director, Inspections & 
        Compliance, U.S. Coast Guard, Department of Homeland 
        Security. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, March 16, 
        2006, H.R. 4954, to improve maritime and cargo security 
        through enhanced layered defenses, and for other 
        purposes.
Samaniegio, Leo, Vice Chair, Texas Border Sheriff's Coalition, 
        Sheriff, El Paso County, State of Texas. Subcommittee 
        on Investigations, February 7, 2006, ``Armed and 
        Dangerous: Confronting the Problem of Border 
        Incursions.''
Sammon, John, Assistant Administrator, Transportation Sector 
        Network Management, Transportation Security 
        Administration, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, September 28, 2006, 
        ``Front-line Defense: Security Training for Mass 
        Transit and Rail Employees.''
Samuel, Audwin M., Mayor Pro Tem, City of Beaumont, Texas, 
        testifying on behalf of the National League of Cities. 
        Full Committee, October 19, 2005, ``Federalism and 
        Disaster Response: Examining the Roles and 
        Responsibilities of Local, State, and Federal 
        Agencies.''
Saponaro, Joseph A., President, L-3 Communications, Government 
        Services, Inc., Accompanied by Mr. Thomas Miiller, 
        General Counsel. Subcommittee on Management, 
        Integration, and Oversight, June 16, 2005, 
        ``Mismanagement of the Border Surveillance System and 
        Lessons for the New America's Shield Initiative.''
Schied, Eugene, Acting Chief Financial Officer, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, of the Committee on 
        Homeland Security, and the Subcommittee on Government 
        Management, Finance, and Accountability of the 
        Committee on Government Reform, March 29, 2006, joint 
        hearing, ``Department of Homeland Security Information 
        Technology Challenges and the Future of eMerge2.''
Schoomaker, Brigadier General Eric B., Commanding General, U.S. 
        Army Medical Research and Materiel Command. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, July 28, 2005, ``Implementing the National 
        Biodefense Strategy.''
Schweitzer, Glenn E., Director for Central Europe and Eurasia, 
        the National Academy of Sciences. Subcommittee on 
        Prevention of Nuclear and Biological Attack, September 
        22, 2005, ``Trends in Illicit Movement of Nuclear 
        Materials.''
Seaberg, Dr. David C., Department of Emergency Medicine, 
        University of Florida. Subcommittee on Emergency 
        Preparedness, Science, and Technology and the 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, February 8, 2006, ``Protecting the Homeland: 
        Fighting Pandemic Flu From the Front Lines.''
Seagrave, Brian, Vice President for Border Security, Unisys. 
        Subcommittee on Management, Integration, and Oversight, 
        November 15, 2006, ``The Secure Border Initiative: 
        Ensuring Effective Implementation and Financial 
        Accountability of SBInet.''
Serra, Roger C., Director of Security and Emergency Management, 
        Seattle City Light, City of Seattle, Washington. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 12, 2006, field hearing in Orting, 
        Washington, ``Emergency Planning and Preparedness: 
        Federal, State, and Local Coordination.''
Silva, Ken, Chairman of the Board of Directors, Internet 
        Security Alliance. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, April 20, 
        2005, H.R. 285, the Department of Homeland Security 
        Cybersecurity Enhancement Act of 2005.
Simonson, Hon. Stewart, Assistant Secretary, Office of Public 
        Health Emergency Preparedness, Department of Health and 
        Human Services. Subcommittee on Emergency Preparedness, 
        Science, and Technology, July 12, 2005, ``Project 
        BioShield: Linking Bioterrorism Threats and 
        Countermeasure Procurement to Enhance Terrorism 
        Preparedness.''
Skinner, Hon. Richard L., Inspector General, Office of 
        Inspector General, Department of Homeland Security. 
        Subcommittee on Management, Integration, and Oversight, 
        April 20, 2005, ``Management Challenges Facing the 
        Department of Homeland Security.'' Subcommittee on 
        Management, Integration, and Oversight, December 16, 
        2005, ``Mismanagement of the Border Surveillance System 
        and Lessons for the New Secure Border Initiative.'' 
        Subcommittee on Management, Integration, and Oversight, 
        July 12, 2006, ``Federal 9/11 Assistance to New York: 
        Lessons Learned in Fraud Detection, Prevention, and 
        Control: Part 1--Response.'' Subcommittee on 
        Management, Integration, and Oversight, November 15, 
        2006, ``The Secure Border Initiative: Ensuring 
        Effective Implementation and Financial Accountability 
        of SBInet.''
Sloan, James, Assistant Commandant for Intelligence, U.S. Coast 
        Guard, Department of Homeland Security. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, June 28, 2006, ``DHS Intelligence and 
        Border Security: Delivering Operational Intelligence.''
Small, Douglas, Deputy Assistant Secretary, Employment and 
        Training, Department of Labor. Subcommittee on 
        Management, Integration, and Oversight, July 13, 2006, 
        ``Federal 9/11 Assistance to New York: Lessons Learned 
        in Fraud Detection, Prevention, and Control: Part 2--
        Recovery.''
Smislova, Melissa, Acting Director, Homeland Infrastructure 
        Threat and Risk Analysis Center, Assistant Secretary 
        for Intelligence and Analysis--Chief Intelligence 
        Officer, Department of Homeland Security. Subcommittee 
        on Intelligence, Information Sharing, and Terrorism 
        Risk Assessment, November 17, 2005, ``Terrorism Risk 
        Assessment at the Department of Homeland Security.''
Smith, Dr. Kimothy, Chief Veterinarian, Chief Scientist and 
        Acting Deputy Chief Medical Officer, Department of 
        Homeland Security. Subcommittee on Prevention of 
        Nuclear and Biological Attack, May 11, 2006, ``Creating 
        a Nation-Wide, Integrated Biosurveillance Network.''
Soloway, Stan Z., President, Professional Services Council. 
        Subcommittee on Management, Integration, and Oversight 
        and the Subcommittee on Emergency Preparedness, Science 
        and Technology, September 13, 2006, ``Helping Business 
        Protect the Homeland: Is the Department of Homeland 
        Security Effectively Implementing the SAFETY Act?''
Spero, Deborah J., Deputy Commissioner, Customs and Border 
        Protection, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, March 2, 2005, 
        ``Proposed FY 2006 Budget: Integrating Homeland 
        Security Screening Operations.'' Acting Commissioner, 
        Customs and Border Protection, Department of Homeland 
        Security. Subcommittee on Management, Integration, and 
        Oversight, May 11, 2006, ``CBP and ICE: Does the 
        Current Organizational Structure Best Serve U.S. 
        Homeland Security Interests? Part III.'' Subcommittee 
        on Management, Integration, and Oversight, November 15, 
        2006, ``The Secure Border Initiative: Ensuring 
        Effective Implementation and Financial Accountability 
        of SBInet.''
Speziale, Sheriff Jerry, Passaic County, State of New Jersey. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, field hearing in Wayne, New Jersey, June 
        26, 2006, ``Preparing for, Responding to, and 
        Preventing Terrorist Attacks, Natural Disasters and 
        Other Emergencies: Is Northern New Jersey Ready?''
Stephan, Robert, Assistant Secretary for Infrastructure 
        Protection, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 15, 2005, 
        ``Preventing Terrorist Attacks on America's Chemical 
        Plants.'' Subcommittee on Economic Security, 
        Infrastructure Protection, and, Cybersecurity, October 
        20, 2005, ``The London Bombings: Protecting Civilian 
        Targets from Terrorist Attacks.''
Stevens, Kevin, Senior Associate Chief, U.S. Customs and Border 
        Protection, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity of the Committee on 
        Homeland Security and the Subcommittee on Criminal 
        Justice, Drug Policy, and Human Resources of the 
        Committee on Government Reform, July 20, 2006, 
        ``Fencing the Border: Construction Options and 
        Strategic Placement.''
Stone, Steven, State Trooper, Department of Public Safety, 
        State of Texas. Subcommittee on Investigations, August 
        16, 2006, field hearing in Houston, Texas, ``Criminal 
        Activity and Violence Along the Southern Border.''
Stodder, Seth, Esquire, Akin Gump Strauss Hauer & Feld LLP. 
        Subcommittee on Management, Integration, and Oversight, 
        May 11, 2006, ``CBP and ICE: Does the Current 
        Organizational Structure Best Serve U.S. Homeland 
        Security Interests? Part III.''
Summers, Allen, President and CEO, Asmark, Inc., testifying on 
        behalf of the Fertilizer Institute. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, June 15, 2005, ``Preventing Terrorist 
        Attacks on America's Chemical Plants.''
Swain, Cynthia, Director of Safety and Security, Port of New 
        Orleans. Full Committee, March 22, 2005, ``Protecting 
        Our Commerce: Port and Waterways Security.''
Swecker, Chris, Acting Executive Assistant Director of Law 
        Enforcement Services, Department of Justice. 
        Subcommittee on Management, Integration, and Oversight, 
        March 8, 2006, ``The 9/11 Reform Act: Examining the 
        Implementation of the Human Smuggling and Trafficking 
        Center.''

                                   T

Takeyh, Dr. Ray, Senior Fellow, Middle Eastern Studies, Council 
        on Foreign Relations. Subcommittee on Prevention of 
        Nuclear and Biological Attack, September 8, 2005, ``WMD 
        Terrorism and Proliferant States.''
Tannenbaum, Dr. Benn, American Association for the Advancement 
        of Science. Subcommittee on Prevention of Nuclear and 
        Biological Attack and the Subcommittee on Emergency 
        Preparedness, Science, and Technology, June 21, 2005, 
        ``Detecting Nuclear Weapons and Radiological Materials: 
        How Effective Is Available Technology?''
Tether, Dr. Tony, Director, Defense Advanced Research Projects 
        Agency, Department of Defense. Subcommittee on 
        Emergency Preparedness, Science, and Technology and the 
        Subcommittee on Terrorism, Unconventional Threats and 
        Capabilities of the Committee on Armed Services, July 
        21, 2005, ``Technology Transfer: Leveraging Military 
        Technology to Enhance Homeland Security.''
Thompson, Dr. Donald F., Senior Research Fellow, Center for 
        Technology and National Security Policy, National 
        Defense University. Subcommittee on Prevention of 
        Nuclear and Biological Attack, October 20, 2005, 
        ``Mitigating Catastrophic Events through Effective 
        Medical Response.''
Thorson, Hon. Eric, Inspector General, Small Business 
        Administration. Subcommittee on Management, 
        Integration, and Oversight, July 13, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 2--Recovery.''
Tiefer, Charles, Professor of Law, University of Baltimore 
        School of Law. Subcommittee on Management, Integration, 
        and Oversight, May 18, 2006, ``Retention, Security 
        Clearances, Morale, and Other Human Capital Challenges 
        Facing the Department of Homeland Security.''
Timoney, John F., Chief of Police, City of Miami, Florida. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, September 21, 2006, ``Police as First 
        Preventers: Local Strategies in the War on Terror.''
Titus, Lee, Director of Canine Programs, U.S. Customs and 
        Border Protection, Department of Homeland Security. 
        Subcommittee on Management, Integration, and Oversight, 
        September 28, 2005, ``Sniffing Out Terrorism: The Use 
        of Dogs in Homeland Security.''
Todd, Larry, Director, Security, Safety and Law Enforcement, 
        Bureau of Reclamation, Department of the Interior. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity and the Subcommittee on 
        Emergency Preparedness, Science, and Technology, 
        October 18, 2005, ``SCADA and the Terrorist Threat: 
        Protecting the Nation's Critical Control Systems.''
Tolman, John P., Vice President and National Legislative 
        Representative, Brotherhood of Locomotive Engineers. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, September 28, 2006, 
        ``Front-line Defense: Security Training for Mass 
        Transit and Rail Employees.''
Torres, John, Acting Director, Office of Detention and Removal 
        Operations, Immigration and Customs Enforcement, 
        Department of Homeland Security. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, September 28, 2005, ``Solving the OTM 
        Undocumented Alien Problem: Expedited Removal for 
        Apprehensions along the U.S. Border.''
Trevino, Chief Mario H., Bellevue Fire Department, City of 
        Bellevue, Washington. Subcommittee on Emergency 
        Preparedness, Science, and Technology, April 12, 2006, 
        field hearing in Orting, Washington, ``Emergency 
        Planning and Preparedness: Federal, State, and Local 
        Coordination.''
Turley, Jonathan, Shapiro Professor of Public Interest Law, 
        George Washington Law School. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, April 6, 2006, ``Protection of Privacy in 
        the DHS Intelligence Enterprise.''

                                   U

Ulrich, Peter, Senior Vice President, Risk Model Management, 
        Risk Management Solutions, Inc. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment of the Committee on Homeland Security and 
        the Subcommittee on Oversight and Investigations of the 
        Committee on Financial Services, July 25, 2006, 
        ``Terrorism Threats and the Insurance Market.''

                                   V

Varnado, Sam, Director of Information Operations Center, Sandia 
        National Laboratory. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity and the 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, October 18, 2005, ``SCADA and the Terrorist 
        Threat: Protecting the Nation's Critical Control 
        Systems.''
Van Duyn, Don, Assistant Director, Counterterrorism Division, 
        Federal Bureau of Investigations. Subcommittee on 
        Intelligence, Information Sharing, and Terrorism Risk 
        Assessment, September 20, 2006, ``The Homeland Security 
        Implications of Radicalization.''
Varoli, David J., General Counsel, New York City Department of 
        Design and Construction. Subcommittee on Management, 
        Integration, and Oversight, July 12, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 1--Response.''
Venturella, David, Former Director, Office of Detention and 
        Removal Operations, U.S. Immigration and Customs 
        Enforcement, Department of Homeland Security. 
        Subcommittee on Management, Integration, and Oversight, 
        March 9, 2005, ``CBP and ICE: Does the Current 
        Organizational Structure Best Serve U.S. Homeland 
        Security Interests?''
Verdery, C. Stewart, Jr., Principal, Mehlman Vogel Castagnetti, 
        Inc. Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, June 9, 2005, ``The 
        Promise of Registered Traveler.'' Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, June 22, 2005, ``Ensuring the Security 
        of America's Borders through the Use of Biometric 
        Passports and Other Identity Documents.''
Verga, Peter F., Principal Deputy Assistant Secretary, Defense 
        for Homeland Defense, Department of Defense. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology and the Subcommittee on Terrorism, 
        Unconventional Threats and Capabilities of the 
        Committee on Armed Services, July 21, 2005, 
        ``Technology Transfer: Leveraging Military Technology 
        to Enhance Homeland Security.'' Full Committee, May 16, 
        2006, ``Are We Ready?: Implementing the National 
        Strategy for Pandemic Influenza.''
Vickery, A.D., Assistant Chief, City of Seattle Fire 
        Department, Seattle, Washington. Subcommittee on 
        Emergency Preparedness, Science, and Technology, April 
        12, 2006, field hearing in Orting, Washington, 
        ``Emergency Planning and Preparedness: Federal, State, 
        and Local Coordination.''
Vitko, Dr. John, Jr., Director, Biological Countermeasures 
        Portfolio, Directorate of Science and Technology, 
        Department of Homeland Security. Subcommittee on 
        Emergency Preparedness, Science, and Technology, July 
        12, 2005, ``Project BioShield: Linking Bioterrorism 
        Threats and Countermeasure Procurement to Enhance 
        Terrorism Preparedness.'' Subcommittee on Prevention of 
        Nuclear and Biological Attack, July 28, 2005, 
        ``Implementing the National Biodefense Strategy.'' 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, May 11, 2006, ``Creating a Nation-wide, 
        Integrated Biosurveillance Network.''
von Winterfeldt, Dr. Detlof, Director, Center for Risk and 
        Economic Analysis of Terrorism Events, University of 
        Southern California. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        November 17, 2005, ``Terrorism Risk Assessment at the 
        Department of Homeland Security.''

                                   W

Wagner, Dr. Richard L., Jr., Chair, Defense Science Board Task 
        Force on Prevention of, and Defense Against, 
        Clandestine Nuclear Attack and Senior Staff Member, Los 
        Alamos National Laboratory. Subcommittee on Prevention 
        of Nuclear and Biological Attack and the Subcommittee 
        on Emergency Preparedness, Science, and Technology, 
        June 21, 2005, ``Detecting Nuclear Weapons and 
        Radiological Materials: How Effective Is Available 
        Technology?''
Walker, Hon. David M., Comptroller General of the United 
        States, Government Accountability Office. Subcommittee 
        on Management, Integration, and Oversight, June 29, 
        2005, ``Transforming the Department of Homeland 
        Security Through Mission-based Budgeting.''
Wallace, Carl, Plant Manager, Terra Mississippi Nitrogen, Inc., 
        testifying on behalf of the Fertilizer Institute. 
        Subcommittee on Prevention of Nuclear and Biological 
        Attack, December 14, 2005, H.R. 3197, the Secure 
        Handling of Ammonium Nitrate Act of 2005.
Wallace, David G., Mayor, City of Sugar Land, Texas, testifying 
        on behalf of the United States Conference of Mayors. 
        Full Committee, October 19, 2005, ``Federalism and 
        Disaster Response: Examining the Roles and 
        Responsibilities of Local, State, and Federal 
        Agencies.''
Walker, Bruce, Chairman, Subcommittee on Government Affairs, 
        Homeland Security and Defense Business Council. 
        Subcommittee on Emergency Preparedness, Science, and 
        Technology, April 25, 2006, ``The State of 
        Interoperable Communications: Perspectives on Federal 
        Coordination of Grants, Standards, and Technology.''
Walters, Chief Thomas, Assistant Commissioner for Training and 
        Development, Bureau of Customs and Border Protection, 
        Department of Homeland Security. Subcommittee on 
        Management, Integration, and Oversight, May 24, 2005, 
        ``Training More Border Agents: How the Department of 
        Homeland Security Can Increase Training Capacity More 
        Effectively.''
Wang, John, Founder and President, Asian American Business 
        Development Center. Subcommittee on Management, 
        Integration, and Oversight, July 13, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 2--Recovery.''
Wells, Dr. Linton, II, Acting Assistant Secretary, Networks and 
        Information Integration and Chief Information Officer, 
        Department of Defense. Subcommittee on Emergency 
        Preparedness, Science, and Technology, October 26, 
        2005, ``Ensuring Operability During Catastrophic 
        Events.''
Werner, Chief Charles, Charlottesville Fire Department, 
        Commonwealth of Virginia, testifying on behalf of 
        Virginia's Statewide Interoperability Executive 
        Committee. Subcommittee on Emergency Preparedness, 
        Science, and Technology, March 1, 2006, ``The State of 
        Interoperable Communications: Perspectives from State 
        and Local Governments.''
West, Sheriff Arvin, Hudspeth County Sheriff's Department, 
        Hudspeth County, State of Texas. Subcommittee on 
        Investigations, February 7, 2006, ``Armed and 
        Dangerous: Confronting the Problem of Border 
        Incursions.''
Whitaker, Elizabeth, Deputy Assistant Secretary, Bureau of 
        Western Hemisphere Affairs, Department of State. 
        Subcommittee on Investigations, February 7, 2006, 
        ``Armed and Dangerous: Confronting the Problem of 
        Border Incursions.''
Whitmore, Amy, Analyst Supervisor, Virginia Fusion Center, 
        Virginia State Police. Subcommittee on Intelligence, 
        Information Sharing, and Terrorism Risk Assessment, 
        September 7, 2006, ``State and Local Fusion Centers and 
        the Role of DHS.''
Wilke, Clifford A., Assistant Administrator and Chief 
        Technology Officer, Transportation Security 
        Administration, Department of Homeland Security. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, July 19, 2005, 
        ``Leveraging Technology to Improve Aviation Security, 
        Part II.''
Williams, Anthony, Mayor, City of Washington, District of 
        Columbia. Full Committee, June 21, 2006, ``DHS 
        Terrorism Preparedness Grants: Risk-Based or Guess-
        Work?''
Williams, Don, Roadrunner Planning & Consulting, Consultant to 
        Power Contracting, Inc. Subcommittee on Economic 
        Security, Infrastructure Protection, and Cybersecurity 
        of the Committee on Homeland Security and the 
        Subcommittee on Criminal Justice, Drug Policy, and 
        Human Resources of the Committee on Government Reform, 
        July 20, 2006, ``Fencing the Border: Construction 
        Options and Strategic Placement.''
Williams, Dwight, Director, Office of Security, Department of 
        Homeland Security. Subcommittee on Management, 
        Integration, and Oversight, May 18, 2006, ``Retention, 
        Security Clearances, Morale, and Other Human Capital 
        Challenges Facing the Department of Homeland 
        Security.''
Williams, Jim, Director, US-VISIT Program, Border and 
        Transportation Security Directorate, Department of 
        Homeland Security. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, March 2, 
        2005, ``Proposed FY 2006 Budget: Integrating Homeland 
        Security Screening Operations.''
Williams, McCoy, Director, Financial Management and Assurance, 
        Government Accountability Office. Subcommittee on 
        Management, Integration, and Oversight of the Committee 
        on Homeland Security, and the Subcommittee on 
        Government Management, Finance, and Accountability of 
        the Committee on Government Reform, March 29, 2006, 
        joint hearing, ``Department of Homeland Security 
        Information Technology Challenges and the Future of 
        eMerge2.''
Williams, Dr. Paul, Special Assistant, Office of Homeland 
        Security, State of Georgia. Subcommittee on Prevention 
        of Nuclear and Biological Attack, August 24, 2006, 
        ``Agroterrorism's Perfect Storm: Where Human and Animal 
        Disease Collide.''
Willis, Dr. Henry, Policy Researcher, the RAND Corporation. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, November 17, 2005, 
        ``Terrorism Risk Assessment at the Department of 
        Homeland Security.''
Wilshusen, Gregory C., Director, Information Security Issues, 
        Government Accountability Office. Subcommittee on 
        Management, Integration, and Oversight, April 14, 2005, 
        ``The Need to Strengthen Information Security at the 
        Department of Homeland Security.'' Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, June 22, 2005, ``Ensuring the Security 
        of America's Borders through the Use of Biometric 
        Passports and Other Identity Documents.''
Wilson, Chief Ralph Eugene, Jr., Chief of Police, Metropolitan 
        Atlanta Rapid Transit Authority Subcommittee on 
        Management, Integration, and Oversight, September 28, 
        2005, ``Sniffing Out Terrorism: The Use of Dogs in 
        Homeland Security.''
Woerth, Captain Duane, President, Airline Pilots Association. 
        Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, May 13, 2005, ``The 
        Transportation Security Administration's Screening of 
        Airline Pilots: Sound Security Practice or Waste of 
        Scarce Resources?''
Wood, John W., Jr., President and Chief Executive Officer, 
        Analogic. Subcommittee on Economic Security, 
        Infrastructure Protection, and Cybersecurity, July 13, 
        2005, ``Leveraging Technology to Improve Aviation 
        Security.''
Woodward, John D., Associate Director, RAND Policy Institute. 
        Subcommittee on Intelligence, Information Sharing, and 
        Terrorism Risk Assessment, September 20, 2006, ``The 
        Homeland Security Implications of Radicalization.''
Wormuth, Christine, Senior Fellow, International Security 
        Program, Center for Strategic and International 
        Studies. Subcommittee on Intelligence, Information 
        Sharing, and Terrorism Risk Assessment, November 17, 
        2005, ``Terrorism Risk Assessment at the Department of 
        Homeland Security.''
Wright, David P., President and Chief Executive Officer, 
        PharmAthene, Inc. Subcommittee on Emergency 
        Preparedness, Science, and Technology, July 12, 2005, 
        ``Project BioShield: Linking Bioterrorism Threats and 
        Countermeasure Procurement to Enhance Terrorism 
        Preparedness.''
Wysenski, Nancy, President, EMD Pharmaceuticals. Subcommittee 
        on Emergency Preparedness, Science, and Technology, 
        July 12, 2005, ``Project BioShield: Linking 
        Bioterrorism Threats and Countermeasure Procurement to 
        Enhance Terrorism Preparedness.''
Wytkind, Ed, President, Transportation Trades Department, AFL-
        CIO. Subcommittee on Economic Security, Infrastructure 
        Protection, and Cybersecurity, September 28, 2006, 
        ``Front-line Defense: Security Training for Mass 
        Transit and Rail Employees.''

                                   Y

Yayla, Major Ahmet Sait, Counterterrorism and Operations 
        Division, Ankara Police Department, Ankara, Republic of 
        Turkey. Subcommittee on Prevention of Nuclear and 
        Biological Attack, September 21, 2006, ``Police as 
        First Preventers: Local Strategies in the War on 
        Terror.''
Yoran, Amit, President, Yoran Associates. Subcommittee on 
        Economic Security, Infrastructure Protection, and 
        Cybersecurity, April 20, 2005, H.R. 285, the Department 
        of Homeland Security Cybersecurity Enhancement Act of 
        2005.

                                   Z

Zinser, Todd J., Acting Inspector General, Department of 
        Transportation. Subcommittee on Management, 
        Integration, and Oversight, July 13, 2006, ``Federal 9/
        11 Assistance to New York: Lessons Learned in Fraud 
        Detection, Prevention, and Control: Part 3--
        Rebuilding.''
Zmuda, Lawrence J., Partner, Homeland Security, Unisys 
        Corporation. Economic Security, Infrastructure 
        Protection, and Cybersecurity, November 3, 2005, ``The 
        Future of TSA's Registered Traveler Program.''
Zwillinger, Marc J., Partner, Sonnenschein Nath & Rosenthal 
        LLP. Subcommittee on Management, Integration, and 
        Oversight, April 14, 2005, ``The Need to Strengthen 
        Information Security at the Department of Homeland 
        Security.''

                     Appendix IX--Printed Hearings

------------------------------------------------------------------------
            Number                     Date                Title
------------------------------------------------------------------------
109-1.........................  February 10, 2005  ``The Proposed Fiscal
                                                    Year 2006 Budget:
                                                    Enhancing Terrorism
                                                    Preparedness for
                                                    First Responders.''
                                                   Subcommittee on
                                                    Emergency
                                                    Preparedness,
                                                    Science and
                                                    Technology
109-2.........................  February 16, 2005  ``The Proposed Fiscal
                                                    Year 2006 Budget:
                                                    Building the
                                                    Information Analysis
                                                    Capabilities of
                                                    DHS.''
                                                   Subcommittee on
                                                    Intelligence,
                                                    Information Sharing,
                                                    and Terrorism Risk
                                                    Assessment
109-3.........................  Marc