IB 

109TH CONGRESS 

2D SESSION H. R. 5441 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2006 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2007, for the Depart6 ment of Homeland Security and for other purposes, name7 ly: 


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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary 

6 of Homeland Security, as authorized by section 102 of the 

7 Homeland Security Act of 2002 (6 U.S.C. 112), and exec8 utive management of the Department of Homeland Secu9 rity, as authorized by law, $95,884,000 (reduced by 

10 $3,000,000) (reduced by $5,000,000): Provided, That not 

11 to exceed $40,000 shall be for official reception and rep12 resentation expenses: Provided further, That of the funds 

13 provided under this heading, $10,000,000 shall not be 

14 available for obligation until the Secretary of Homeland 

15 Security submits a comprehensive port, container, and 

16 cargo security strategic plan to the Committee on Appro17 priations and Committee on Homeland Security of the 

18 House of Representatives that requires screening all in19 bound cargo, doubles the percentage of inbound cargo cur20 rently inspected, sets minimum standards for securing in21 bound cargo, and includes the fiscal year 2007 perform22 ance requirements for port, container, and cargo security 

23 as specified in the report accompanying this Act: Provided 

24 further, That the Secretary is directed to submit the Se25 cure Border Initiative multi-year strategic plan to the 


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1 Committee on Appropriations and the Committee on 

2 Homeland Security of the House of Representatives no 

3 later than November 1, 2006 that includes: a comprehen4 sive mission statement; an identification of long-term 

5 goals; an explanation of how long-term goals will be 

6 achieved; schedule and resource requirements for goal 

7 achievement; an identification of annual performance 

8 goals and how they link to long-term goals; an identifica9 tion of annual performance measures used to gauge effec10 tiveness towards goal achievement by goal; and an identi11 fication of major capital assets critical to program success. 

12 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

13 For necessary expenses of the Office of the Under 

14 Secretary for Management, as authorized by sections 701 

15 through 705 of the Homeland Security Act of 2002 (6 

16 U.S.C. 341–345), $159,489,000 (reduced by 

17 $15,000,000) (reduced by $50,000,000) (reduced by 

18 $24,000,000): Provided, That not to exceed $3,000 shall 

19 be for official reception and representation expenses: Pro20 vided further, That of the total amount provided, 

21 $8,206,000 shall remain available until expended solely for 

22 the alteration and improvement of facilities, tenant im23 provements, and relocation costs to consolidate Depart24 ment headquarters operations. 


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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $43,480,000, 

of which $18,000,000 is for the eMerge 5 2 Program: Pro6 vided, That $10,000,000 shall be withheld from obligation 

7 until the Office of the Chief Financial Officer submits 

8 monthly budget execution reports to the Committees on 

9 Appropriations of the Senate and the House of Represent10 atives as required by section 529 of this Act. 

11 OFFICE OF THE CHIEF INFORMATION OFFICER

12 For necessary expenses of the Office of the Chief In13 formation Officer, as authorized by section 103 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 113), and De15 partment-wide technology investments, $364,765,000; of 

16 which $79,521,000 shall be available for salaries and ex17 penses; and of which $285,244,000 shall be available for 

18 development and acquisition of information technology 

19 equipment, software, services, and related activities for the 

20 Department of Homeland Security, and for the costs of 

21 conversion to narrowband communications, including the 

22 cost for operation of the land mobile radio legacy systems, 

23 to remain available until expended: Provided, That none 

24 of the funds appropriated shall be used to support or sup25 plement the appropriations provided for the United States 


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1 Visitor and Immigrant Status Indicator Technology 

2 project or the Automated Commercial Environment. 

3 ANALYSIS AND OPERATIONS

4 For necessary expenses for information analysis and 

5 operations coordination activities, as authorized by title II 

6 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

7 seq.), $298,663,000, to remain available until September 

8 30, 2008, of which not to exceed $5,000 shall be for offi9 cial reception and representation expenses. 

10 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

11 COAST REBUILDING

12 For necessary expenses of the Office of the Federal 

13 Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro14 vided, That $1,000,000 shall not be available for obliga15 tion until the Federal Coordinator submits to the Com16 mittee on Appropriations of the House of Representatives 

17 a report related to Federal rebuilding efforts. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978 (5 U.S.C. App.), $96,185,000, of 

22 which not to exceed $100,000 may be used for certain con23 fidential operational expenses, including the payment of 

24 informants, to be expended at the direction of the Inspec25 tor General. 


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1 TITLE II—SECURITY, ENFORCEMENT, AND 

2 INVESTIGATIONS 

3 UNITED STATES VISITOR AND IMMIGRANT STATUS

4 INDICATOR TECHNOLOGY

5 For necessary expenses for the development of the 

6 United States Visitor and Immigrant Status Indicator 

7 Technology project, as authorized by section 110 of the 

8 Illegal Immigration Reform and Immigrant Responsibility 

9 Act of 1996 (8 U.S.C. 1365a), $362,494,000, to remain 

10 available until expended: Provided, That of the total 

11 amount made available under this heading, $312,494,000 

12 may not be obligated for the United States Visitor and 

13 Immigrant Status Indicator Technology project until the 

14 Committees on Appropriations of the Senate and the 

15 House of Representatives receive and approve a plan for 

16 expenditure prepared by the Secretary of Homeland Secu17 rity that— 

18 (1) meets the capital planning and investment 

19 control review requirements established by the Office 

20 of Management and Budget, including Circular A– 

21 11, part 7; 

22 (2) complies with the Department of Homeland 

23 Security information systems enterprise architecture; 


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1 (3) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition manage3 ment practices of the Federal Government; 

4 (4) includes a certification by the Chief Infor5 mation Officer of the Department of Homeland Se6 curity that an independent verification and valida7 tion agent is currently under contract for the 

8 project; 

9 (5) is reviewed and approved by the Depart10 ment of Homeland Security Investment Review 

11 Board, the Secretary of Homeland Security, and the 

12 Office of Management and Budget; and 

13 (6) is reviewed by the Government Account14 ability Office. 

15 CUSTOMS AND BORDER PROTECTION

16 SALARIES AND EXPENSES

17 For necessary expenses for enforcement of laws relat18 ing to border security, immigration, customs, and agricul19 tural inspections and regulatory activities related to plant 

20 and animal imports; purchase and lease of up to 4,500 

21 (3,500 for replacement only) police-type vehicles; and con22 tracting with individuals for personal services abroad; 

23 $5,435,310,000 (reduced by $2,000,000); of which 

24 $3,026,000 shall be derived from the Harbor Maintenance 

25 Trust Fund for administrative expenses related to the colVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 lection of the Harbor Maintenance Fee pursuant to section 

2 9505(c)(3) of the Internal Revenue Code of 1986 (26 

3 U.S.C. 9505(c)(3)) and notwithstanding section 

4 1511(e)(1) of the Homeland Security Act of 2002 (6 

5 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall 

6 be for official reception and representation expenses; of 

7 which not less than $162,976,000 shall be for Air and Ma8 rine Operations; of which such sums as become available 

9 in the Customs User Fee Account, except sums subject 

10 to section 13031(f)(3) of the Consolidated Omnibus Budg11 et Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall 

12 be derived from that account; of which not to exceed 

13 $150,000 shall be available for payment for rental space 

14 in connection with preclearance operations; and of which 

15 not to exceed $1,000,000 shall be for awards of compensa16 tion to informants, to be accounted for solely under the 

17 certificate of the Secretary of Homeland Security: Pro18 vided, That for fiscal year 2007, the overtime limitation 

19 prescribed in section 5(c)(1) of the Act of February 13, 

20 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not21 withstanding any other provision of law, none of the funds 

22 appropriated by this Act may be available to compensate 

23 any employee of the Bureau of Customs and Border Pro24 tection for overtime, from whatever source, in an amount 

25 that exceeds such limitation, except in individual cases deVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 termined by the Secretary of Homeland Security, or the 

2 designee of the Secretary, to be necessary for national se3 curity purposes, to prevent excessive costs, or in cases of 

4 immigration emergencies: Provided further, That no funds 

5 shall be available for the site acquisition, design, or con6 struction of any Border Patrol checkpoint in the Tucson 

7 sector: Provided further, That the Border Patrol shall relo8 cate its checkpoints in the Tucson sector at least once 

9 every seven days in a manner designed to prevent persons 

10 subject to inspection from predicting the location of any 

11 such checkpoint: Provided further, That of the total 

12 amount made available under this heading, $115,000,000 

13 shall be for the Secure Border Initiative Technology and 

14 Tactical Infrastructure (SBInet) program, project, and 

15 activity, to remain available until expended, of which 

16 $25,000,000 shall not be available for obligation until the 

17 Committees on Appropriations of the Senate and the 

18 House of Representatives receive and approve a plan for 

19 expenditure prepared by the Secretary of Homeland Secu20 rity that— 

21 (1) defines activities, milestones, and costs for 

22 implementing the program; 

23 (2) demonstrates how activities will further the 

24 goals and objectives of the SBI, as defined in the 

25 SBI multi-year strategic plan; 


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1 (3) identifies funding and the organizational 

2 staffing (including full-time employee equivalents, 

3 contractors, and detailees) requirements by activity; 

4 (4) reports on costs incurred, the activities com5 pleted, and the progress made by the program; 

6 (5) includes a certification by the Chief Pro7 curement Officer of the Department of Homeland 

8 Security that procedures to prevent conflicts of in9 terest between the prime integrator and major sub10 contractors are established and that an independent 

11 verification and validation agent is currently under 

12 contract for the project; 

13 (6) is reviewed and approved by the Depart14 ment of Homeland Security Investment Review 

15 Board, the Secretary of Homeland Security, and the 

16 Office of Management and Budget; 

17 (7) complies with the capital planning and in18 vestment control review requirements established by 

19 the Office of Management and Budget, including 

20 Circular A–11, part 7; 

21 (8) complies with all applicable acquisition 

22 rules, requirements, guidelines, and best systems ac23 quisition management practices of the Federal Gov24 ernment; and 


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1 (9) is reviewed by the Government Account2 ability Office. 

3 AUTOMATION MODERNIZATION

4 For expenses for customs and border protection auto5 mated systems, $451,440,000, to remain available until 

6 expended, of which not less than $316,800,000 shall be 

7 for the development of the Automated Commercial Envi8 ronment: Provided, That of the total amount made avail9 able under this heading, $216,800,000 may not be obli10 gated for the Automated Commercial Environment until 

11 the Committees on Appropriations of the Senate and the 

12 House of Representatives receive and approve a plan for 

13 expenditure prepared by the Secretary of Homeland Secu14 rity that— 

15 (1) meets the capital planning and investment 

16 control review requirements established by the Office 

17 of Management and Budget, including Circular A– 

18 11, part 7; 

19 (2) complies with the Department of Homeland 

20 Security information systems enterprise architecture; 

21 (3) complies with the acquisition rules, require22 ments, guidelines, and systems acquisition manage23 ment practices of the Federal Government; 

24 (4) includes a certification by the Chief Infor25 mation Officer of the Department of Homeland SeVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 curity that an independent verification and valida2 tion agent is currently under contract for the 

3 project; 

4 (5) is reviewed and approved by the Depart5 ment of Homeland Security Investment Review 

6 Board, the Secretary of Homeland Security, and the 

7 Office of Management and Budget; and 

8 (6) is reviewed by the Government Account9 ability Office. 

10 CBP AIR AND MARINE INTERDICTION, OPERATIONS, 

11 MAINTENANCE, AND PROCUREMENT

12 For necessary expenses for the operations, mainte13 nance, and procurement of marine vessels, aircraft, un14 manned aerial vehicles, and other related equipment of the 

15 air and marine program, including operational training 

16 and mission-related travel, and rental payments for facili17 ties occupied by the air or marine interdiction and demand 

18 reduction programs, the operations of which include the 

19 following: the interdiction of narcotics and other goods; 

20 the provision of support to Federal, State, and local agen21 cies in the enforcement or administration of laws enforced 

22 by the Department of Homeland Security; and at the dis23 cretion of the Secretary of Homeland Security, the provi24 sion of assistance to Federal, State, and local agencies in 

25 other law enforcement and emergency humanitarian efVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 forts, $373,199,000, to remain available until expended: 

2 Provided, That no aircraft or other related equipment, 

3 with the exception of aircraft that are one of a kind and 

4 have been identified as excess to the Bureau of Customs 

5 and Border Protection requirements and aircraft that 

6 have been damaged beyond repair, shall be transferred to 

7 any other Federal agency, department, or office outside 

8 of the Department of Homeland Security during fiscal 

9 year 2007 without the prior approval of the Committees 

10 on Appropriations of the Senate and the House of Rep11 resentatives: Provided further, That of the total amount 

12 made available under this heading, $6,800,000 shall not 

13 be available for obligation until the Committee on Appro14 priations, the Committee on Transportation and Infra15 structure, and the Committee on Homeland Security of 

16 the House of Representatives receive a report on the April 

17 25, 2006, unmanned aerial vehicle mishap. 

18 CONSTRUCTION

19 For necessary expenses to plan, construct, renovate, 

20 equip, and maintain buildings and facilities necessary for 

21 the administration and enforcement of the laws relating 

22 to customs and immigration, $175,154,000, to remain 

23 available until expended. 


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1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigra4 tion and customs laws, detention and removals, and inves5 tigations; and purchase and lease of up to 2,740 (2,000 

6 for replacement only) police-type vehicles, $3,843,257,000 

7 (increased by $5,000,000) (increased by $2,000,000), of 

8 which not to exceed $7,500,000 shall be available until ex9 pended for conducting special operations pursuant to sec10 tion 3131 of the Customs Enforcement Act of 1986 (19 

11 U.S.C. 2081); of which not to exceed $15,000 shall be for 

12 official reception and representation expenses; of which 

13 not to exceed $1,000,000 shall be for awards of compensa14 tion to informants, to be accounted for solely under the 

15 certificate of the Secretary of Homeland Security; of which 

16 not less than $102,000 shall be for promotion of public 

17 awareness of the child pornography tipline; of which not 

18 less than $203,000 shall be for Project Alert; of which 

19 not less than $5,400,000 may be used to facilitate agree20 ments consistent with section 287(g) of the Immigration 

21 and Nationality Act (8 U.S.C. 1357(g)); and of which not 

22 to exceed $11,216,000 shall be available to fund or reim23 burse other Federal agencies for the costs associated with 

24 the care, maintenance, and repatriation of smuggled illegal 

25 aliens: Provided, That none of the funds made available 


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1 under this heading shall be available to compensate any 

2 employee for overtime in an annual amount in excess of 

3 $35,000, except that the Secretary of Homeland Security, 

4 or the designee of the Secretary, may waive that amount 

5 as necessary for national security purposes and in cases 

6 of immigration emergencies: Provided further, That of the 

7 total amount provided, $15,770,000 shall be for activities 

8 to enforce laws against forced child labor in fiscal year 

9 2007, of which not to exceed $6,000,000 shall remain 

10 available until expended. 

11 FEDERAL PROTECTIVE SERVICE

12 The revenues and collections of security fees credited 

13 to this account, not to exceed $516,011,000, shall be avail14 able until expended for necessary expenses related to the 

15 protection of federally-owned and leased buildings and for 

16 the operations of the Federal Protective Service. 

17 CONSTRUCTION

18 For necessary expenses to plan, construct, renovate, 

19 equip, and maintain buildings and facilities necessary for 

20 the administration and enforcement of the laws relating 

21 to customs and immigration, $26,281,000, to remain 

22 available until expended. 


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1 TRANSPORTATION SECURITY ADMINISTRATION

2 AVIATION SECURITY

3 For necessary expenses of the Transportation Secu4 rity Administration related to providing civil aviation secu5 rity services pursuant to the Aviation and Transportation 

6 Security Act (Public Law 107–71; 115 Stat. 597; 49 

7 U.S.C. 40101 note), $4,704,414,000, to remain available 

8 until September 30, 2008, of which not to exceed $3,000 

9 shall be for official reception and representation expenses: 

10 Provided, That of the total amount made available under 

11 this heading, not to exceed $3,740,866,000 shall be for 

12 screening operations, of which $136,000,000 shall be 

13 available only for procurement of checked baggage explo14 sive detection systems and $94,000,000 shall be available 

15 only for installation of checked baggage explosive detection 

16 systems; and not to exceed $963,548,000 shall be for avia17 tion security direction and enforcement: Provided further, 

18 That security service fees authorized under section 44940 

19 of title 49, United States Code, shall be credited to this 

20 appropriation as offsetting collections and shall be avail21 able only for aviation security: Provided further, That the 

22 sum herein appropriated from the General Fund shall be 

23 reduced on a dollar-for-dollar basis as such offsetting col24 lections are received during fiscal year 2007, so as to re25 sult in a final fiscal year appropriation from the General 


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1 Fund estimated at not more than $2,284,414,000: Pro2 vided further, That any security service fees collected in 

3 excess of the amount made available under this heading 

4 shall become available during fiscal year 2008: Provided 

5 further, That notwithstanding section 44923 of title 49, 

6 United States Code, the share of the cost of the Federal 

7 Government for a project under any letter of intent shall 

8 be 75 percent for any medium or large hub airport and 

9 not more than 90 percent for any other airport, and all 

10 funding provided by section 44923(h) of title 49, United 

11 States Code, or from appropriations authorized under sec12 tion 44923(i)(1) of title 49, United States Code, may be 

13 distributed in any manner deemed necessary to ensure 

14 aviation security and to fulfill the Government’s planned 

15 cost share under existing letters of intent: Provided fur16 ther, That no funding may be obligated for air cargo secu17 rity, other than that for air cargo inspectors, canines, and 

18 screeners, until a detailed air cargo security action plan 

19 addressing each of the recommendations contained in the 

20 2005 Government Accountability Office Report (GAO–06– 

21 76) on domestic air cargo security is provided to the Com22 mittee on Appropriations and Committee on Homeland 

23 Security of the House of Representatives: Provided fur24 ther, That beginning in fiscal year 2007 and thereafter, 

25 reimbursement for security services and related equipment 


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1 and supplies provided in support of general aviation access 

2 to the Ronald Reagan Washington National Airport shall 

3 be credited to this appropriation and shall be available 

4 until expended solely for those purposes: Provided further, 

5 That none of the funds in this Act shall be used to recruit 

6 or hire personnel into the Transportation Security Admin7 istration which would cause the agency to exceed a staff8 ing level of 45,000 full-time equivalent screeners. 

9 SURFACE TRANSPORTATION SECURITY

10 For necessary expenses of the Transportation Secu11 rity Administration related to providing surface transpor12 tation security activities, $37,200,000, to remain available 

13 until September 30, 2008. 

14 TRANSPORTATION THREAT ASSESSMENT AND

15 CREDENTIALING

16 For necessary expenses for the development and im17 plementation of screening programs of the Office of 

18 Transportation Threat Assessment and Credentialing, 

19 $74,700,000, to remain available until September 30, 

20 2008. 

21 TRANSPORTATION SECURITY SUPPORT

22 For necessary expenses of the Transportation Secu23 rity Administration related to providing transportation se24 curity support and intelligence pursuant to the Aviation 

25 and Transportation Security Act (Public Law 107–71; 

26 115 Stat. 597; 49 U.S.C. 40101 note), $523,283,000 (reVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 duced by $20,000,000), to remain available until Sep2 tember 30, 2008: Provided, That of the funds appro3 priated under this heading, $5,000,000 may not be obli4 gated until the Secretary of Homeland Security submits 

5 to the Committees on Appropriations of the Senate and 

6 the House of Representatives a detailed expenditure plan 

7 for explosive detection systems refurbishment, procure8 ment, and installations on an airport-by-airport basis for 

9 fiscal year 2007: Provided further, That this plan shall be 

10 submitted no later than 60 days from the date of enact11 ment of this Act. 

12 FEDERAL AIR MARSHALS

13 For necessary expenses of the Federal Air Marshals, 

14 $699,294,000. 

15 UNITED STATES COAST GUARD

16 OPERATING EXPENSES

17 For necessary expenses for the operation and mainte18 nance of the United States Coast Guard not otherwise 

19 provided for; purchase or lease of not to exceed 25 pas20 senger motor vehicles, which shall be for replacement only; 

21 payments pursuant to section 156 of Public Law 97–377 

22 (42 U.S.C. 402 note); and recreation and welfare; 

23 $5,481,643,000, of which $340,000,000 shall be for de24 fense-related activities; of which $24,255,000 shall be de25 rived from the Oil Spill Liability Trust Fund to carry out 


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1 the purposes of section 1012(a)(5) of the Oil Pollution Act 

2 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex3 ceed $3,000 shall be for official reception and representa4 tion expenses: Provided, That none of the funds made 

5 available by this or any other Act shall be available for 

6 administrative expenses in connection with shipping com7 missioners in the United States: Provided further, That 

8 none of the funds made available by this Act shall be for 

9 expenses incurred for yacht documentation under section 

10 12109 of title 46, United States Code, except to the extent 

11 fees are collected from yacht owners and credited to this 

12 appropriation. 

13 ENVIRONMENTAL COMPLIANCE AND RESTORATION

14 For necessary expenses to carry out the environ15 mental compliance and restoration functions of the United 

16 States Coast Guard under chapter 19 of title 14, United 

17 States Code, $11,880,000, to remain available until ex18 pended. 

19 RESERVE TRAINING

20 For necessary expenses of the Coast Guard Reserve, 

21 as authorized by law; operations and maintenance of the 

22 reserve program; personnel and training costs; and equip23 ment and services; $122,348,000. 

24 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

25 For necessary expenses of acquisition, construction, 

26 renovation, and improvement of aids to navigation, shore 


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1 facilities, vessels, and aircraft, including equipment related 

2 thereto; and maintenance, rehabilitation, lease and oper3 ation of facilities and equipment, as authorized by law; 

4 $1,139,663,000, of which $19,800,000 shall be derived 

5 from the Oil Spill Liability Trust Fund to carry out the 

6 purposes of section 1012(a)(5) of the Oil Pollution Act 

7 of 1990 (33 U.S.C. 2712(a)(5)); of which $24,750,000 

8 shall be available until September 30, 2011, to acquire, 

9 repair, renovate, or improve vessels, small boats, and re10 lated equipment; of which $15,000,000 shall be available 

11 until September 30, 2011, to increase aviation capability; 

12 of which $101,823,000 shall be available until September 

13 30, 2009, for other equipment; of which $24,450,000 shall 

14 be available until September 30, 2009, for shore facilities 

15 and aids to navigation facilities; of which $81,000,000 

16 shall be available for personnel compensation and benefits 

17 and related costs; and of which $892,640,000 shall be 

18 available until September 30, 2011, for the Integrated 

19 Deepwater Systems program: Provided, That the Com20 mandant of the Coast Guard is authorized to dispose of 

21 surplus real property, by sale or lease, and the proceeds 

22 shall be credited to this appropriation as offsetting collec23 tions and shall be available until September 30, 2009: Pro24 vided further, That the Secretary of Homeland Security 

25 shall submit to the Committees on Appropriations of the 


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1 Senate and the House of Representatives, in conjunction 

2 with the President’s fiscal year 2008 budget, a review of 

3 the Revised Deepwater Implementation Plan that identi4 fies any changes to the plan for the fiscal year; an annual 

5 performance comparison of Deepwater assets to pre-Deep6 water legacy assets; a status report of legacy assets; a de7 scription of the competitive process conducted in all con8 tracts and subcontracts exceeding $5,000,000 within the 

9 Deepwater program; and the earned value management 

10 system gold card data for each Deepwater asset: Provided 

11 further, That the Secretary shall submit to the Committees 

12 on Appropriations of the Senate and the House of Rep13 resentatives a comprehensive review of the Revised Deep14 water Implementation Plan every five years, beginning in 

15 fiscal year 2011, that includes a complete projection of 

16 the acquisition costs and schedule for the duration of the 

17 plan through fiscal year 2027: Provided further, That the 

18 Secretary shall annually submit to the Committees on Ap19 propriations of the Senate and the House of Representa20 tives, at the time that the President’s budget is submitted 

21 under section 1105(a) of title 31, United States Code, a 

22 future-years capital investment plan for the Coast Guard 

23 that identifies for each capital budget line item— 

24 (1) the proposed appropriation included in that 

25 budget; 


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1 (2) the total estimated cost of completion; 

2 (3) projected funding levels for each fiscal year 

3 for the next five fiscal years or until project comple4 tion, whichever is earlier; 

5 (4) an estimated completion date at the pro6 jected funding levels; and 

7 (5) changes, if any, in the total estimated cost 

8 of completion or estimated completion date from 

9 previous future-years capital investment plans sub10 mitted to the Committees on Appropriations of the 

11 Senate and the House of Representatives: 

12 Provided further, That the Secretary shall ensure that 

13 amounts specified in the future-years capital investment 

14 plan are consistent to the maximum extent practicable 

15 with proposed appropriations necessary to support the 

16 programs, projects, and activities of the Coast Guard in 

17 the President’s budget as submitted under section 1105(a) 

18 of title 31, United States Code, for that fiscal year: Pro19 vided further, That any inconsistencies between the capital 

20 investment plan and proposed appropriations shall be 

21 identified and justified: Provided further, That no funding 

22 may be obligated for the Rescue 21 vessel subsystem until 

23 a vessel solution has been provided to the Committee on 

24 Appropriations of the House of Representatives. 


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1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of 

3 obstructive bridges, as authorized by section 6 of the Tru4 man-Hobbs Act (33 U.S.C. 516), $17,000,000, to remain 

5 available until expended. 

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

7 For necessary expenses for applied scientific re8 search, development, test, and evaluation; and for mainte9 nance, rehabilitation, lease, and operation of facilities and 

10 equipment; as authorized by law; $13,860,000, to remain 

11 available until expended, of which $495,000 shall be de12 rived from the Oil Spill Liability Trust Fund to carry out 

13 the purposes of section 1012(a)(5) of the Oil Pollution Act 

14 of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

15 be credited to and used for the purposes of this appropria16 tion funds received from State and local governments, 

17 other public authorities, private sources, and foreign coun18 tries for expenses incurred for research, development, test19 ing, and evaluation. 

20 RETIRED PAY

21 For retired pay, including the payment of obligations 

22 otherwise chargeable to lapsed appropriations for this pur23 pose, payments under the Retired Serviceman’s Family 

24 Protection and Survivor Benefits Plans, payment for ca25 reer status bonuses, concurrent receipts and combat-re26 lated special compensation under the National Defense 


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1 Authorization Act, and payments for medical care of re2 tired personnel and their dependents under chapter 55 of 

3 title 10, United States Code, $1,063,323,000. 

4 UNITED STATES SECRET SERVICE

5 PROTECTION, ADMINISTRATION, AND TRAINING

6 For necessary expenses of the United States Secret 

7 Service, including purchase of not to exceed 755 vehicles 

8 for police-type use, of which 624 shall be for replacement 

9 only, and hire of passenger motor vehicles; purchase of 

10 American-made motorcycles; hire of aircraft; services of 

11 expert witnesses at such rates as may be determined by 

12 the Director of the Secret Service; rental of buildings in 

13 the District of Columbia, and fencing, lighting, guard 

14 booths, and other facilities on private or other property 

15 not in Government ownership or control, as may be nec16 essary to perform protective functions; payment of per 

17 diem or subsistence allowances to employees where a pro18 tective assignment during the actual day or days of the 

19 visit of a protectee requires an employee to work 16 hours 

20 per day or to remain overnight at a post of duty; conduct 

21 of and participation in firearms matches; presentation of 

22 awards; travel of United States Secret Service employees 

23 on protective missions without regard to the limitations 

24 on such expenditures in this or any other Act if approval 

25 is obtained in advance from the Committees on AppropriaVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 tions of the Senate and the House of Representatives; re2 search and development; grants to conduct behavioral re3 search in support of protective research and operations; 

4 and payment in advance for commercial accommodations 

5 as may be necessary to perform protective functions; 

6 $954,399,000, of which not to exceed $25,000 shall be for 

7 official reception and representation expenses: Provided, 

8 That up to $18,000,000 provided for protective travel 

9 shall remain available until September 30, 2008: Provided 

10 further, That of the total amount provided under this 

11 heading, $2,000,000 shall not be available for obligation 

12 until the Director of the Secret Service submits a com13 prehensive workload re-balancing report to the Commit14 tees on Appropriations of the Senate and the House of 

15 Representatives that includes funding and position re16 quirements for current investigative and protective oper17 ations: Provided further, That the United States Secret 

18 Service is authorized to obligate funds in anticipation of 

19 reimbursements from Executive agencies and entities, as 

20 defined in section 105 of title 5, United States Code, re21 ceiving training sponsored by the James J. Rowley Train22 ing Center, except that total obligations at the end of the 

23 fiscal year shall not exceed total budgetary resources avail24 able under this heading at the end of the fiscal year. 


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1 INVESTIGATIONS AND FIELD OPERATIONS

2 For necessary expenses for investigations and field 

3 operations of the United States Secret Service, not other4 wise provided for, including costs related to office space 

5 and services of expert witnesses at such rates as may be 

6 determined by the Director of the Secret Service, 

7 $312,499,000, of which not to exceed $100,000 shall be 

8 to provide technical assistance and equipment to foreign 

9 law enforcement organizations in counterfeit investiga10 tions; of which $2,366,000 shall be for forensic and related 

11 support of investigations of missing and exploited children; 

12 and of which $5,445,000 shall be a grant for activities 

13 related to the investigations of missing and exploited chil14 dren and shall remain available until expended. 

15 SPECIAL EVENT FUND

16 For necessary expenses of the United States Secret 

17 Service to perform protective functions related to special 

18 events, $20,900,000, to remain available until expended, 

19 of which $18,400,000 shall be for protection activities re20 lated to presidential campaigns in the United States, and 

21 of which $2,500,000 shall be for extraordinary costs of 

22 National Special Security Events. 

23 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

24 RELATED EXPENSES

25 For necessary expenses for acquisition, construction, 

26 repair, alteration, and improvement of facilities, 


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1 $3,725,000, to remain available until expended: Provided 

2 further, That of the total amount provided under this 

3 heading, $1,000,000 shall not be available for obligation 

4 until the Director of the Secret Service submits a revised 

5 master plan to the Committees on Appropriations of the 

6 Senate and the House of Representatives for the James 

7 J. Rowley Training Center. 

8 TITLE III—PREPAREDNESS AND RECOVERY 

9 PREPAREDNESS

10 UNDER SECRETARY FOR PREPAREDNESS

11 For salaries and expenses of the Office of the Under 

12 Secretary for Preparedness, the Office of the Chief Med13 ical Officer, and the Office of National Capital Region Co14 ordination, $39,468,000 (increased by $9,000,000) (re15 duced by $9,000,000), of which $15,000,000 shall be for 

16 the National Preparedness Integration Program: Pro17 vided, That not to exceed $7,000 shall be for official recep18 tion and representation expenses: Provided further, That 

19 of the amounts appropriated under this heading, 

20 $4,400,000 shall not be available for obligation until the 

21 Secretary of Homeland Security submits to the Commit22 tees on Appropriations of the Senate and the House of 

23 Representatives the final National Preparedness Goal. 


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1 OFFICE OF GRANTS AND TRAINING

2 STATE AND LOCAL PROGRAMS

3 For grants, contracts, cooperative agreements, and 

4 other activities, including grants to State and local govern5 ments for terrorism prevention activities, notwithstanding 

6 any other provision of law, $2,524,000,000 (increased by 

7 $50,000,000) (increased by $20,000,000), which shall be 

8 allocated as follows: 

9 (1) $545,000,000 for formula-based grants and 

10 $400,000,000 for law enforcement terrorism preven11 tion grants pursuant to section 1014 of the USA 

12 PATRIOT ACT (42 U.S.C. 3714): Provided, That 

13 the application for grants shall be made available to 

14 States within 45 days from the date of enactment of 

15 this Act; States shall submit applications within 90 

16 days after the grant announcement; and the Office 

17 of Grants and Training shall act within 90 days 

18 after receipt of an application: Provided further, 

19 That no less than 80 percent of any grant under 

20 this paragraph to a State shall be made available by 

21 the State to local governments within 60 days after 

22 the receipt of the funds. 

23 (2) $1,165,000,000 (increased by $50,000,000) 

24 (increased by $20,000,000) for discretionary grants, 


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1 as determined by the Secretary of Homeland Secu2 rity, of which— 

3 (A) $750,000,000 (increased by 

4 $20,000,000) shall be for use in high-threat, 

5 high-density urban areas; 

6 (B) $200,000,000 shall be for port security 

7 grants pursuant to the purposes of section 

8 70107(a) through (h) of title 46, United States 

9 Code, which shall be awarded based on risk and 

10 threat notwithstanding subsection (a), for eligi11 ble costs as described in subsections (b)(2) 

12 through (4); 

13 (C) $5,000,000 shall be for trucking indus14 try security grants; 

15 (D) $10,000,000 shall be for intercity bus 

16 security grants; 

17 (E) $150,000,000 (increased by 

18 $50,000,000) shall be for intercity rail pas19 senger transportation (as defined in section 

20 24102 of title 49, United States Code), freight 

21 rail, and transit security grants; and 

22 (F) $50,000,000 shall be for buffer zone 

23 protection grants: 

24 Provided, That for grants under subparagraph (A), 

25 the application for grants shall be made available to 


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1 States within 45 days after the date of enactment of 

2 this Act; States shall submit applications within 90 

3 days after the grant announcement; and the Office 

4 of Grants and Training shall act within 90 days 

5 after receipt of an application: Provided further, 

6 That no less than 80 percent of any grant under 

7 this paragraph to a State shall be made available by 

8 the State to local governments within 60 days after 

9 the receipt of the funds. 

10 (3) $75,000,000 shall be available for the Com11 mercial Equipment Direct Assistance Program. 

12 (4) $339,000,000 for training, exercises, tech13 nical assistance, and other programs: 

14 Provided, That none of the grants provided under this 

15 heading shall be used for the construction or renovation 

16 of facilities, except for a minor perimeter security project, 

17 not to exceed $1,000,000, as determined necessary by the 

18 Secretary of Homeland Security: Provided further, That 

19 the preceding proviso shall not apply to grants under sub20 paragraphs (B), (E), and (F) of paragraph (2) of this 

21 heading: Provided further, That grantees shall provide ad22 ditional reports on their use of funds, as determined nec23 essary by the Secretary of Homeland Security: Provided 

24 further, That funds appropriated for law enforcement ter25 rorism prevention grants under paragraph (1) of this 


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1 heading and discretionary grants under paragraph (2)(A) 

2 of this heading shall be available for operational costs, to 

3 include personnel overtime and overtime associated with 

4 the Office of Grants and Training certified training, as 

5 needed. 

6 FIREFIGHTER ASSISTANCE GRANTS

7 For necessary expenses for programs authorized by 

8 the Federal Fire Prevention and Control Act of 1974 (15 

9 U.S.C. 2201 et seq.), $540,000,000 (increased by 

10 $111,000,000), of which $500,000,000 (increased by 

11 $41,000,000) shall be available to carry out section 33 of 

12 such Act (15 U.S.C. 2229) and $40,000,000 (increased 

13 by $70,000,000) shall be available to carry out section 34 

14 of such Act (15 U.S.C. 2229a), to remain available until 

15 September 30, 2008: Provided, That not to exceed 5 per16 cent of this amount shall be available for program admin17 istration. 

18 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

19 For necessary expenses for emergency management 

20 performance grants, as authorized by the National Flood 

21 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob22 ert T. Stafford Disaster Relief and Emergency Assistance 

23 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

24 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re25 organization Plan No. 3 of 1978 (5 U.S.C. App.), 


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1 $186,000,000: Provided, That total administrative costs 

2 shall not exceed 3 percent of the total appropriation. 

3 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

4 The aggregate charges assessed during fiscal year 

5 2007, as authorized in title III of the Departments of Vet6 erans Affairs and Housing and Urban Development, and 

7 Independent Agencies Appropriations Act, 1999 (42 

8 U.S.C. 5196e), shall not be less than 100 percent of the 

9 amounts anticipated by the Department of Homeland Se10 curity to be necessary for its radiological emergency pre11 paredness program for such fiscal year: Provided, That the 

12 methodology for assessment and collection of fees shall be 

13 fair and equitable and shall reflect costs of providing such 

14 services, including administrative costs of collecting such 

15 fees: Provided further, That fees received under this head16 ing shall be deposited in this account as offsetting collec17 tions and will become available for authorized purposes on 

18 October 1, 2007, and remain available until expended. 

19 UNITED STATES FIRE ADMINISTRATION AND TRAINING

20 For necessary expenses of the United States Fire Ad21 ministration and for other purposes, as authorized by the 

22 Federal Fire Prevention and Control Act of 1974 (15 

23 U.S.C. 2201 et seq.) and the Homeland security Act of 

24 2002 (6 U.S.C. 101 et seq.), $46,849,000. 


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1 INFRASTRUCTURE PROTECTION AND INFORMATION

2 SECURITY

3 For necessary expenses for infrastructure protection 

4 and information security programs and activities, as au5 thorized by title II of the Homeland Security Act of 2002 

6 (6 U.S.C. 121 et seq.), $549,140,000, of which 

7 $464,490,000 shall remain available until September 30, 

8 2008: Provided, That of the amount made available under 

9 this heading, $10,000,000 shall not be available for obliga10 tion for management and administration until the Depart11 ment of Homeland Security has released the National In12 frastructure Protection Plan: Provided further, That of the 

13 amount made available under this heading, $10,000,000 

14 shall not be available for obligation for management and 

15 administration until the Department has submitted its na16 tional security strategy for the chemical sector report. 

17 FEDERAL EMERGENCY MANAGEMENT AGENCY

18 ADMINISTRATIVE AND REGIONAL OPERATIONS

19 For necessary expenses for administrative and re20 gional operations, $254,499,000, including activities au21 thorized by the National Flood Insurance Act of 1968 (42 

22 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

24 seq.), the Earthquake Hazards Reduction Act of 1977 (42 

25 U.S.C. 7701 et seq.), the Defense Production Act of 1950 


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1 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of 

2 the National Security Act of 1947 (50 U.S.C. 404, 405), 

3 Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and 

4 the Homeland Security Act of 2002 (6 U.S.C. 101 et 

5 seq.): Provided, That not to exceed $3,000 shall be for 

6 official reception and representation expenses. 

7 READINESS, MITIGATION, RESPONSE, AND RECOVERY

8 For necessary expenses for readiness, mitigation, re9 sponse, and recovery activities, $238,199,000 (increased 

10 by $1,000,000) (reduced by $1,000,000), including activi11 ties authorized by the National Flood Insurance Act of 

12 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

14 5121 et seq.), the Earthquake Hazards Reduction Act of 

15 1977 (42 U.S.C. 7701 et seq.), the Defense Production 

16 Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 

17 and 303 of the National Security Act of 1947 (50 U.S.C. 

18 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

19 App.), and the Homeland Security Act of 2002 (6 U.S.C. 

20 101 et seq.): Provided, That of the total amount made 

21 available under this heading, $20,000,000 shall be for 

22 Urban Search and Rescue Teams, of which not to exceed 

23 $1,600,000 may be made available for administrative 

24 costs: Provided further, That of the amounts appropriated 

25 under this heading, $20,000,000 shall not be available for 

26 obligation until the Secretary of Homeland Security subVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 mits to the Committees on Appropriations of the Senate 

2 and the House of Representatives a catastrophic planning 

3 expenditure plan. 

4 PUBLIC HEALTH PROGRAMS

5 For necessary expenses for countering potential bio6 logical, disease, and chemical threats to civilian popu7 lations, $33,885,000. 

8 DISASTER RELIEF

9 For necessary expenses in carrying out the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et seq.), $1,662,891,000 (increased by 

12 $14,000,000), to remain available until expended. 

13 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

14 For administrative expenses to carry out the direct 

15 loan program, as authorized by section 319 of the Robert 

16 T. Stafford Disaster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5162), $569,000: Provided, That gross obliga18 tions for the principal amount of direct loans shall not 

19 exceed $25,000,000: Provided further, That the cost of 

20 modifying such loans shall be as defined in section 502 

21 of the Congressional Budget Act of 1974 (2 U.S.C. 661a). 

22 FLOOD MAP MODERNIZATION FUND

23 For necessary expenses pursuant to section 1360 of 

24 the National Flood Insurance Act of 1968 (42 U.S.C. 

25 4101), $198,980,000, and such additional sums as may 

26 be provided by State and local governments or other politVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 ical subdivisions for cost-shared mapping activities under 

2 section 1360(f)(2) of such Act, to remain available until 

3 expended: Provided, That total administrative costs shall 

4 not exceed 3 percent of the total appropriation. 

5 NATIONAL FLOOD INSURANCE FUND

6 (INCLUDING TRANSFER OF FUNDS) 

7 For activities under the National Flood Insurance 

8 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis9 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

10 $128,588,000, which shall be available as follows: (1) not 

11 to exceed $38,230,000 for salaries and expenses associ12 ated with flood mitigation and flood insurance operations; 

13 and (2) not to exceed $90,358,000 for flood hazard miti14 gation, which shall be derived from offsetting collections 

15 assessed and collected pursuant to section 1307 of the Na16 tional Flood Insurance Act of 1968 (42 U.S.C. 4014), to 

17 remain available until September 30, 2008, including up 

18 to $31,000,000 for flood mitigation expenses under section 

19 1366 of such Act (42 U.S.C. 4104c), which amount shall 

20 be available for transfer to the National Flood Mitigation 

21 Fund until September 30, 2008: Provided, That in fiscal 

22 year 2007, no funds shall be available from the National 

23 Flood Insurance Fund in excess of: (1) $70,000,000 for 

24 operating expenses; (2) $692,999,000 for commissions 

25 and taxes of agents; (3) such sums as are necessary for 


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1 interest on Treasury borrowings; and (4) $50,000,000 for 

2 flood mitigation actions with respect to severe repetitive 

3 loss properties under section 1361A of such Act (42 

4 U.S.C. 4102a) and repetitive insurance claims properties 

5 under section 1323 of such Act (42 U.S.C. 4030), which 

6 shall remain available until expended: Provided further, 

7 That total administrative costs shall not exceed 3 percent 

8 of the total appropriation. 

9 NATIONAL FLOOD MITIGATION FUND

10 (INCLUDING TRANSFER OF FUNDS) 

11 Notwithstanding subparagraphs (B) and (C) of sub12 section (b)(3), and subsection (f), of section 1366 of the 

13 National Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

14 $31,000,000, to remain available until September 30, 

15 2008, for activities designed to reduce the risk of flood 

16 damage to structures pursuant to such Act, of which 

17 $31,000,000 shall be derived from the National Flood In18 surance Fund. 

19 NATIONAL PRE-DISASTER MITIGATION FUND

20 For a predisaster mitigation grant program under 

21 title II of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 5131 et seq.), 

23 $100,000,000, to remain available until expended: Pro24 vided, That grants made for predisaster mitigation shall 

25 be awarded on a competitive basis subject to the criteria 


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1 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro2 vided further, That total administrative costs shall not ex3 ceed 3 percent of the total appropriation. 

4 EMERGENCY FOOD AND SHELTER

5 To carry out an emergency food and shelter program 

6 pursuant to title III of the McKinney-Vento Homeless As7 sistance Act (42 U.S.C. 11331 et seq.), $151,470,000, to 

8 remain available until expended: Provided, That total ad9 ministrative costs shall not exceed 3.5 percent of the total 

10 appropriation. 

11 TITLE IV—RESEARCH AND DEVELOPMENT, 

12 TRAINING, AND SERVICES 

13 UNITED STATES CITIZENSHIP AND IMMIGRATION

14 SERVICES

15 For necessary expenses for citizenship and immigra16 tion services, $161,990,000 (increased by $20,000,000): 

17 Provided, That $47,000,000 may not be obligated until 

18 the Committees on Appropriations of the Senate and the 

19 House of Representatives receive and approve a strategic 

20 transformation plan for United States Citizenship and Im21 migration Services that has been reviewed and approved 

22 by the Secretary of Homeland Security and reviewed by 

23 the Government Accountability Office. 


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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, including materials and support 

5 costs of Federal law enforcement basic training; purchase 

6 of not to exceed 117 vehicles for police-type use and hire 

7 of passenger motor vehicles; expenses for student athletic 

8 and related activities; the conduct of and participation in 

9 firearms matches and presentation of awards; public 

10 awareness and enhancement of community support of law 

11 enforcement training; room and board for student interns; 

12 a flat monthly reimbursement to employees authorized to 

13 use personal mobile phones for official duties; and services 

14 as authorized by section 3109 of title 5, United States 

15 Code; $210,507,000, of which up to $43,910,000 for ma16 terials and support costs of Federal law enforcement basic 

17 training shall remain available until September 30, 2008; 

18 of which $300,000 shall remain available until expended 

19 for Federal law enforcement agencies participating in 

20 training accreditation, to be distributed as determined by 

21 the Federal Law Enforcement Training Center for the 

22 needs of participating agencies; and of which not to exceed 

23 $12,000 shall be for official reception and representation 

24 expenses: Provided, That the Center is authorized to obli25 gate funds in anticipation of reimbursements from agenVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 cies receiving training sponsored by the Center, except 

2 that total obligations at the end of the fiscal year shall 

3 not exceed total budgetary resources available at the end 

4 of the fiscal year: Provided further, That section 1202(a) 

5 of Public Law 107–206 (42 U.S.C. 3771 note) is amended 

6 by striking ‘‘5 years after the date of the enactment of 

7 this Act’’ and inserting ‘‘December 31, 2009’’, and by 

8 striking ‘‘250’’ and inserting ‘‘350’’. 

9 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

10 RELATED EXPENSES

11 For acquisition of necessary additional real property 

12 and facilities, construction, and ongoing maintenance, fa13 cility improvements, and related expenses of the Federal 

14 Law Enforcement Training Center, $42,246,000, to re15 main available until expended: Provided, That the Center 

16 is authorized to accept reimbursement to this appropria17 tion from government agencies requesting the construction 

18 of special use facilities. 

19 SCIENCE AND TECHNOLOGY

20 MANAGEMENT AND ADMINISTRATION

21 For salaries and expenses of the Office of the Under 

22 Secretary for Science and Technology and for manage23 ment and administration of programs and activities, as 

24 authorized by title III of the Homeland Security Act of 

25 2002 (6 U.S.C. 181 et seq.), $180,901,000: Provided, 


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1 That not to exceed $3,000 shall be for official reception 

2 and representation expenses: Provided further, That of the 

3 amounts made available under this heading, $98,000,000 

4 may not be obligated until the Under Secretary submits 

5 a detailed expenditure plan for fiscal year 2007 programs 

6 and operations to the Committees on Appropriations of 

7 the Senate and the House of Representatives. 

8 RESEARCH, DEVELOPMENT, ACQUISITION, AND

9 OPERATIONS

10 For necessary expenses for science and technology re11 search, including advanced research projects; development; 

12 test and evaluation; acquisition; and operations; as author13 ized by title III of the Homeland Security Act of 2002 

14 (6 U.S.C. 181 et seq.); and the purchase or lease of not 

15 to exceed 5 vehicles, $775,370,000 (reduced by 

16 $107,000,000), to remain available until expended: Pro17 vided, That of the amounts made available under this 

18 heading, $400,000,000 may not be obligated until the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives receive and approve a report 

21 prepared by the Under Secretary that describes Science 

22 and Technology’s progress to address financial manage23 ment deficiencies; improve its management controls; and 

24 implement performance measures and evaluations. 


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1 DOMESTIC NUCLEAR DETECTION OFFICE

2 For necessary expenses of the Domestic Nuclear De3 tection Office, including nuclear detection research, devel4 opment, testing and evaluation, acquisition, operations, 

5 management and administration, $500,000,000, to remain 

6 available until expended, of which not to exceed 

7 $178,000,000 shall be for the purchase and deployment 

8 of radiation detection equipment in accordance with the 

9 global nuclear detection architecture; and of which not to 

10 exceed $85,200,000 shall be for radiological and nuclear 

11 transformational research and development; and of which 

12 not to exceed $30,468,000 shall be for the management 

13 and administration of these programs and activities: Pro14 vided, That no funds provided in this Act shall be used 

15 to create a Sodium-Iodide Manufacturing Program until 

16 the Office demonstrates that Advanced Spectroscopic Por17 tal monitors will significantly speed commerce, reduce the 

18 costs of secondary inspection, or significantly increase sen19 sitivity over current generation Radiation Portal Monitors. 

20 TITLE V—GENERAL PROVISIONS 

21 SEC. 501. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 

24 SEC. 502. Subject to the requirements of section 503 

25 of this Act, the unexpended balances of prior appropriaVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\H5441.PP H5441

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1 tions provided for activities in this Act may be transferred 

2 to appropriation accounts for such activities established 

3 pursuant to this Act: Provided, That balances so trans4 ferred may be merged with funds in the applicable estab5 lished accounts and thereafter may be accounted for as 

6 one fund for the same time period as originally enacted. 

7 SEC. 503. (a) None of the funds provided by this Act, 

8 provided by previous appropriations Acts to the agencies 

9 in or transferred to the Department of Homeland Security 

10 that remain available for obligation or expenditure in fiscal 

11 year 2007, or provided from any accounts in the Treasury 

12 of the United States derived by the collection of fees avail13 able to the agencies funded by this Act, shall be available 

14 for obligation or expenditure through a reprogramming of 

15 funds that: (1) creates a new program; (2) eliminates a 

16 program, project, or activity; (3) increases funds for any 

17 program, project, or activity for which funds have been 

18 denied or restricted by the Congress; (4) proposes to use 

19 funds directed for a specific activity by either of the Com20 mittees on Appropriations of the Senate or House of Rep21 resentatives for a different purpose; or (5) contracts out 

22 any functions or activities for which funds have been ap23 propriated for Federal full-time equivalent positions; un24 less the Committees on Appropriations of the Senate and 


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1 the House of Representatives are notified 15 days in ad2 vance of such reprogramming of funds. 

3 (b) None of the funds provided by this Act, provided 

4 by previous appropriations Acts to the agencies in or 

5 transferred to the Department of Homeland Security that 

6 remain available for obligation or expenditure in fiscal 

7 year 2007, or provided from any accounts in the Treasury 

8 of the United States derived by the collection of fees avail9 able to the agencies funded by this Act, shall be available 

10 for obligation or expenditure for programs, projects, or ac11 tivities through a reprogramming of funds in excess of 

12 $5,000,000 or 10 percent, whichever is less, that: (1) aug13 ments existing programs, projects, or activities; (2) re14 duces by 10 percent funding for any existing program, 

15 project, or activity, or numbers of personnel by 10 percent 

16 as approved by the Congress; or (3) results from any gen17 eral savings from a reduction in personnel that would re18 sult in a change in existing programs, projects, or activi19 ties as approved by the Congress; unless the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives are notified 15 days in advance of such re22 programming of funds. 

23 (c) Not to exceed 5 percent of any appropriation 

24 made available for the current fiscal year for the Depart25 ment of Homeland Security by this Act or provided by 


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1 previous appropriations Acts may be transferred between 

2 such appropriations, but no such appropriations, except 

3 as otherwise specifically provided, shall be increased by 

4 more than 10 percent by such transfers: Provided, That 

5 any transfer under this section shall be treated as a re6 programming of funds under subsection (b) of this section 

7 and shall not be available for obligation unless the Com8 mittees on Appropriations of the Senate and the House 

9 of Representatives are notified 15 days in advance of such 

10 transfer. 

11 (d) Notwithstanding subsections (a), (b), and (c) of 

12 this section, no funds shall be reprogrammed within or 

13 transferred between appropriations after June 30, except 

14 in extraordinary circumstances which imminently threaten 

15 the safety of human life or the protection of property. 

16 SEC. 504. Except as otherwise specifically provided 

17 by law, not to exceed 50 percent of unobligated balances 

18 remaining available at the end of fiscal year 2007 from 

19 appropriations for salaries and expenses for fiscal year 

20 2007 in this Act shall remain available through September 

21 30, 2008, in the account and for the purposes for which 

22 the appropriations were provided: Provided, That prior to 

23 the obligation of such funds, a request shall be submitted 

24 to the Committees on Appropriations of the Senate and 


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1 the House of Representatives for approval in accordance 

2 with section 503 of this Act. 

3 SEC. 505. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2007 until the enactment of an Act authorizing intel8 ligence activities for fiscal year 2007. 

9 SEC. 506. The Federal Law Enforcement Training 

10 Center shall lead the Federal law enforcement training ac11 creditation process, including representatives from the 

12 Federal law enforcement community and non-Federal ac13 creditation experts involved in law enforcement training, 

14 to continue the implementation of measuring and assess15 ing the quality and effectiveness of Federal law enforce16 ment training programs, facilities, and instructors. 

17 SEC. 507. None of the funds in this Act may be used 

18 to make a grant allocation, discretionary grant award, dis19 cretionary contract award, or to issue a letter of intent 

20 totaling in excess of $1,000,000, or to announce publicly 

21 the intention to make such an award, unless the Secretary 

22 of Homeland Security notifies the Committees on Appro23 priations of the Senate and the House of Representatives 

24 at least 3 full business days in advance: Provided, That 


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1 no notification shall involve funds that are not available 

2 for obligation. 

3 SEC. 508. Notwithstanding any other provision of 

4 law, no agency shall purchase, construct, or lease any ad5 ditional facilities, except within or contiguous to existing 

6 locations, to be used for the purpose of conducting Federal 

7 law enforcement training without the advance approval of 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives, except that the Federal Law 

10 Enforcement Training Center is authorized to obtain the 

11 temporary use of additional facilities by lease, contract, 

12 or other agreement for training which cannot be accommo13 dated in existing Center facilities. 

14 SEC. 509. The Director of the Federal Law Enforce15 ment Training Center shall schedule basic and/or ad16 vanced law enforcement training at all four training facili17 ties under the control of the Federal Law Enforcement 

18 Training Center to ensure that these training centers are 

19 operated at the highest capacity throughout the fiscal 

20 year. 

21 SEC. 510. None of the funds appropriated or other22 wise made available by this Act may be used for expenses 

23 of any construction, repair, alteration, or acquisition 

24 project for which a prospectus, if required by chapter 33 

25 of title 40, United States Code, has not been approved, 


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1 except that necessary funds may be expended for each 

2 project for required expenses for the development of a pro3 posed prospectus. 

4 SEC. 511. None of the funds in this Act may be used 

5 in contravention of the applicable provisions of the Buy 

6 American Act (41 U.S.C. 10a et seq.). 

7 SEC. 512. Notwithstanding any other provision of 

8 law, the authority of the Office of Personnel Management 

9 to conduct personnel security and suitability background 

10 investigations, update investigations, and periodic reinves11 tigations of applicants for, or appointees in, positions in 

12 the Office of the Secretary and Executive Management, 

13 the Office of the Under Secretary for Management, Anal14 ysis and Operations, Immigration and Customs Enforce15 ment, the Directorate for Preparedness, and the Direc16 torate of Science and Technology of the Department of 

17 Homeland Security is transferred to the Department of 

18 Homeland Security: Provided, That on request of the De19 partment of Homeland Security, the Office of Personnel 

20 Management shall cooperate with and assist the Depart21 ment in any investigation or reinvestigation under this sec22 tion: Provided further, That this section shall cease to be 

23 effective at such time as the President has selected a sin24 gle agency to conduct security clearance investigations 

25 pursuant to section 3001(c) of the Intelligence Reform 


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1 and Terrorism Prevention Act of 2004 (Public Law 108– 

2 458; 50 U.S.C. 435b(c)) and the entity selected under sec3 tion 3001(b) of such Act has reported to the Congress that 

4 the agency selected pursuant to such section 3001(c) is 

5 capable of conducting all necessary investigations in a 

6 timely manner or has authorized the entities within the 

7 Department of Homeland Security covered by this section 

8 to conduct their own investigations pursuant to section 

9 3001 of such Act. 

10 SEC. 513. (a) None of the funds provided by this or 

11 previous appropriations Acts may be obligated for deploy12 ment or implementation, on other than a test basis, of the 

13 Secure Flight program or any other follow on or successor 

14 passenger prescreening program, until the Secretary of 

15 Homeland Security certifies, and the Government Ac16 countability Office reports, to the Committees on Appro17 priations of the Senate and the House of Representatives, 

18 that all ten of the elements contained in paragraphs (1) 

19 through (10) of section 522(a) of Public Law 108–334 

20 (118 Stat. 1319) have been successfully met. 

21 (b) The report required by subsection (a) shall be 

22 submitted within 90 days after the Secretary provides the 

23 requisite certification, and periodically thereafter, if nec24 essary, until the Government Accountability Office con25 firms that all ten elements have been successfully met. 


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1 (c) Within 90 days of enactment of this Act, the Sec2 retary shall submit to the Committees on Appropriations 

3 of the Senate and House of Representatives a detailed 

4 plan that describes (1) the dates for achieving key mile5 stones, including the date or timeframes that the Sec6 retary will certify the program under subsection (a); and 

7 (2) the methodology to be followed to support the Sec8 retary’s certification, as required under subsection (a). 

9 (d) During the testing phase permitted by subsection 

10 (a), no information gathered from passengers, foreign or 

11 domestic air carriers, or reservation systems may be used 

12 to screen aviation passengers, or delay or deny boarding 

13 to such passengers, except in instances where passenger 

14 names are matched to a Government watch list. 

15 (e) None of the funds provided in this or previous 

16 appropriations Acts may be utilized to develop or test algo17 rithms assigning risk to passengers whose names are not 

18 on Government watch lists. 

19 (f) None of the funds provided in this or previous 

20 appropriations Acts may be utilized for data or a database 

21 that is obtained from or remains under the control of a 

22 non-Federal entity: Provided, That this restriction shall 

23 not apply to Passenger Name Record data obtained from 

24 air carriers. 


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1 SEC. 514. None of the funds made available in this 

2 Act may be used to amend the oath of allegiance required 

3 by section 337 of the Immigration and Nationality Act 

4 (8 U.S.C. 1448). 

5 SEC. 515. None of the funds appropriated by this Act 

6 may be used to process or approve a competition under 

7 Office of Management and Budget Circular A–76 for serv8 ices provided as of June 1, 2004, by employees (including 

9 employees serving on a temporary or term basis) of United 

10 States Citizenship and Immigration Services of the De11 partment of Homeland Security who are known as of that 

12 date as Immigration Information Officers, Contact Rep13 resentatives, or Investigative Assistants. 

14 SEC. 516. None of the funds appropriated by this Act 

15 shall be available to maintain the United States Secret 

16 Service as anything but a distinct entity within the De17 partment of Homeland Security and shall not be used to 

18 merge the United States Secret Service with any other de19 partment function, cause any personnel and operational 

20 elements of the United States Secret Service to report to 

21 an individual other than the Director of the United States 

22 Secret Service, or cause the Director to report directly to 

23 any individual other than the Secretary of Homeland Se24 curity. 


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1 SEC. 517. None of the funds appropriated to the 

2 United States Secret Service by this Act or by previous 

3 appropriations Acts may be made available for the protec4 tion of the head of a Federal agency other than the Sec5 retary of Homeland Security: Provided, That the Director 

6 of the United States Secret Service may enter into an 

7 agreement to perform such service on a fully reimbursable 

8 basis. 

9 SEC. 518. The Secretary of Homeland Security, in 

10 consultation with industry stakeholders, shall develop 

11 standards and protocols for increasing the use of explosive 

12 detection equipment to screen air cargo when appropriate. 

13 SEC. 519. The Transportation Security Administra14 tion (TSA) shall utilize existing checked baggage explosive 

15 detection equipment and screeners to screen cargo carried 

16 on passenger aircraft to the greatest extent practicable at 

17 each airport: Provided, That TSA shall report air cargo 

18 inspection statistics quarterly to the Committee on Appro19 priations of the House of Representatives, by airport and 

20 air carrier, within 45 days after the end of the quarter: 

21 Provided further, That the appropriation for ‘‘Aviation Se22 curity’’ in this Act is reduced by $100,000 for each day 

23 beyond such deadline that such quarterly report is not pro24 vided. 


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1 SEC. 520. None of the funds available for obligation 

2 for the transportation worker identification credential pro3 gram shall be used to develop a personalization system 

4 that is decentralized or a card production capability that 

5 does not utilize an existing government card production 

6 facility. 

7 SEC. 521. (a) RESCISSION.—From the unexpended 

8 balances of the United States Coast Guard ‘‘Acquisition, 

9 Construction, and Improvements’’ account specifically 

10 identified in the Joint Explanatory Statement (House Re11 port 109–241) accompanying Public Law 109–90 for the 

12 Fast Response Cutter, the service life extension program 

13 of the current 110-foot Island Class patrol boat fleet, and 

14 accelerated design and production of the Fast Response 

15 Cutter, $79,347,002 are rescinded. 

16 (b) ADDITIONAL APPROPRIATION.—For necessary 

17 expenses of the United States Coast Guard for ‘‘Acquisi18 tion, Construction, and Improvements’’, there is appro19 priated an additional $79,347,002, to remain available 

20 until September 30, 2009, for the service life extension 

21 program of the current 110-foot Island Class patrol boat 

22 fleet and the acquisition of traditional patrol boats (‘‘par23 ent craft’’). 

24 SEC. 522. None of the funds made available in this 

25 Act may be used by any person other than the privacy 


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1 officer appointed pursuant to section 222 of the Homeland 

2 Security Act of 2002 (6 U.S.C. 142) to alter, direct that 

3 changes be made to, delay, or prohibit the transmission 

4 to the Congress of any report prepared pursuant to para5 graph (6) of such section. 

6 SEC. 523. No funding provided by this or previous 

7 appropriation Acts shall be available to pay the salary of 

8 any employee serving as a contracting officer’s technical 

9 representative (COTR), or anyone acting in a similar or 

10 like capacity, who has not received COTR training. 

11 SEC. 524. Except as provided in section 44945 of title 

12 49, United States Code, funds appropriated or transferred 

13 to Transportation Security Administration ‘‘Aviation Se14 curity’’ and ‘‘Administration’’ for fiscal years 2004, 2005, 

15 and 2006 that are recovered or deobligated shall be avail16 able only for procurement and installation of explosive de17 tection systems for air cargo, baggage, and checkpoint 

18 screening systems: Provided, That these funds shall be 

19 subject to section 503 of this Act. 

20 SEC. 525. Using funds made available in this Act, 

21 and within 60 days of enactment of this Act, the Secretary 

22 of the Department of Homeland Security shall revise DHS 

23 MD 11056 to include the following: (1) that information 

24 that is three years old and not incorporated in a current, 

25 active transportation security directive or security plan 


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1 shall be determined automatically to be releaseable unless, 

2 for each specific document, the Secretary makes a written 

3 determination that identifies a compelling reason why the 

4 information must remain SSI; (2) incorporation of com5 mon and extensive examples of the individual categories 

6 of SSI information cited under 49 CFR 1520(b)(1) 

7 through (16) in order to minimize and standardize judg8 ment by covered persons in the application of SSI mark9 ing; and (3) that in all judicial proceedings where the 

10 judge overseeing the proceeding has adjudicated that a 

11 party needs to have access to SSI information, the party 

12 shall be deemed a DHS Covered Person for purposes of 

13 access to the SSI information at issue in the case unless 

14 TSA or DHS demonstrates a compelling reason why the 

15 specific individual presents a risk of harm to the nation. 

16 SEC. 526. The Department of Homeland Security 

17 Working Capital Fund, established, pursuant to section 

18 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

19 continue operations during fiscal year 2007. 

20 SEC. 527. RESCISSION.—Of the unobligated balances 

21 from prior year appropriations made available for the 

22 ‘‘Counterterrorism Fund’’, $16,000,000 are rescinded. 

23 SEC. 528. The weekly report required by Public Law 

24 109–62 detailing the allocation and obligation of funds for 

25 ‘‘Disaster Relief’’ shall include: (1) detailed information 


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1 on each allocation, obligation, or expenditure that totals 

2 more than $50,000,000, categorized by increments of not 

3 larger than $50,000,000; (2) the amount of credit card 

4 purchases by agency and mission assignment; (3) obliga5 tions, allocations, and expenditures, categorized by agency, 

6 by State, for New Orleans, and by purpose and mission 

7 assignment; (4) status of the Disaster Relief Fund; and 

8 (5) specific reasons for all waivers granted and a descrip9 tion of each waiver: Provided, That the detailed informa10 tion required by paragraph (1) shall include the purpose 

11 of each allocation, obligation, or expenditure; whether the 

12 work will be performed by a governmental agency or a con13 tractor; and, if the work is to be performed by a con14 tractor, the name of the contractor, the type of contract, 

15 and whether the contract is sole-source, full and open com16 petition, or limited competition. 

17 SEC. 529. Within 45 days after the close of each 

18 month, the Chief Financial Officer of the Department of 

19 Homeland Security shall submit to the Committees on Ap20 propriations of the Senate and the House of Representa21 tives a monthly budget execution report that sets forth 

22 the total obligational authority appropriated (new budget 

23 authority plus unobligated carryover), undistributed 

24 obligational authority, amount allotted, current year obli25 gations, unobligated authority (the difference between 


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1 total obligational authority and current year obligations), 

2 beginning unexpended obligations, year-to-date costs, and 

3 year end unexpended obligations, of the Department of 

4 Homeland Security: Provided, That such information shall 

5 be provided for each Departmental component and the 

6 Working Capital Fund at the level of detail shown in the 

7 table of detailed funding recommendations displayed at 

8 the end of the report accompanying this Act. 

9 SEC. 530. (a) UNITED STATES SECRET SERVICE USE

10 OF PROCEEDS DERIVED FROM CRIMINAL INVESTIGA11 TIONS.—During fiscal years 2007 through 2009, with re12 spect to any undercover investigative operation of the 

13 United States Secret Service (hereafter referred to in this 

14 section as the ‘‘Secret Service’’) that is necessary for the 

15 detection and prosecution of crimes against the United 

16 States— 

17 (1) sums appropriated for the Secret Service, 

18 including unobligated balances available from prior 

19 fiscal years, may be used for purchasing property, 

20 buildings, and other facilities, and for leasing space, 

21 within the United States, the District of Columbia, 

22 and the territories and possessions of the United 

23 States, without regard to sections 1341 and 3324 of 

24 title 31, United States Code, section 8141 of title 

25 40, United States Code, sections 3732(a) and 3741 


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1 of the Revised Statutes of the United States (41 

2 U.S.C. 11(a) and 22), and sections 304(a) and 305 

3 of the Federal Property and Administrative Services 

4 Act of 1949 (41 U.S.C 254(a) and 255); 

5 (2) sums appropriated for the Secret Service, 

6 including unobligated balances available from prior 

7 fiscal years, may be used to establish or to acquire 

8 proprietary corporations or business entities as part 

9 of such undercover operation, and to operate such 

10 corporations or business entities on a commercial 

11 basis, without regard to sections 9102 and 9103 of 

12 title 31, United States Code; 

13 (3) sums appropriated for the Secret Service, 

14 including unobligated balances available from prior 

15 fiscal years and the proceeds from such undercover 

16 operation, may be deposited in banks or other finan17 cial institutions, without regard to section 648 of 

18 title 18, and section 3302 of title 31, United States 

19 Code; and 

20 (4) proceeds from such undercover operation 

21 may be used to offset necessary and reasonable ex22 penses incurred in such operation, without regard to 

23 section 3302 of title 31, United States Code. 

24 (b) WRITTEN CERTIFICATION.—The authority set 

25 forth in subsection (a) may be exercised only upon the 


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1 written certification of the Director of the Secret Service 

2 or designee that any action authorized by any paragraph 

3 of such subsection is necessary for the conduct of an un4 dercover investigative operation. Such certification shall 

5 continue in effect for the duration of such operation, with6 out regard to fiscal years. 

7 (c) DEPOSIT OF PROCEEDS IN TREASURY.—As soon 

8 as practicable after the proceeds from an undercover in9 vestigative operation with respect to which an action is 

10 authorized and carried out under paragraphs (3) and (4) 

11 of subsection (a) are no longer necessary for the conduct 

12 of such operation, such proceeds or the balance of such 

13 proceeds remaining at the time shall be deposited in the 

14 Treasury of the United States as miscellaneous receipts. 

15 (d) REPORTING AND DEPOSIT OF PROCEEDS UPON

16 DISPOSITION OF CERTAIN BUSINESS ENTITIES.—If a cor17 poration or business entity established or acquired as part 

18 of an undercover investigative operation under paragraph 

19 (2) of subsection (a) with a net value of over $50,000 is 

20 to be liquidated, sold, or otherwise disposed of, the Secret 

21 Service, as much in advance as the Director or designee 

22 determines is practicable, shall report the circumstance to 

23 the Secretary of Homeland Security. The proceeds of the 

24 liquidation, sale, or other disposition, after obligations are 


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1 met, shall be deposited in the Treasury of the United 

2 States as miscellaneous receipts. 

3 (e) FINANCIAL AUDITS AND REPORTS.— 

4 (1) The Secret Service shall conduct detailed fi5 nancial audits of closed undercover investigative op6 erations for which a written certification was made 

7 pursuant to subsection (b) on a quarterly basis and 

8 shall report the results of the audits in writing to 

9 the Secretary of Homeland Security. 

10 (2) The Secretary of Homeland Security shall 

11 annually submit to the Committees on Appropria12 tions of the Senate and House of Representatives, at 

13 the time that the President’s budget is submitted 

14 under section 1105(a) of title 31, a summary of 

15 such audits. 

16 SEC. 531. The Director of the Domestic Nuclear De17 tection Office shall operate extramural and intramural re18 search, development, demonstrations, testing and evalua19 tion programs so as to distribute funding through grants, 

20 cooperative agreements, other transactions and contracts. 

21 SEC. 532. None of the funds made available in this 

22 Act for United States Customs and Border Protection 

23 may be used to prevent an individual not in the business 

24 of importing a prescription drug (within the meaning of 

25 section 801(g) of the Federal Food, Drug, and Cosmetic 


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1 Act) from importing a prescription drug that complies 

2 with sections 501, 502, and 505 of such Act. 

3 SEC. 533. From the unobligated balances of Trans4 portation Security Administration ‘‘Aviation Security’’ 

5 and ‘‘Headquarters Administration’’, $4,776,000 are re6 scinded. 

7 SEC. 534. Notwithstanding the requirements of sec8 tion 404(b)(2)(B) of the Robert T. Stafford Disaster Re9 lief and Emergency Assistance Act, the Army Corps of 

10 Engineers may use Lot 19, Block 1 of the Meadowview 

11 Acres Addition and Lot 8, Block 5 of the Meadowview 

12 Acres Addition in Augusta, Kansas, for building portions 

13 of the flood-control levee. 

14 SEC. 535. Notwithstanding any time limitation estab15 lished for a grant awarded under title I, chapter 6, Public 

16 Law 106–31, in the item relating to Federal Emergency 

17 Management Agency—Disaster Assistance for Unmet 

18 Needs, the City of Cuero, Texas, may use funds received 

19 under such grant program until June 30, 2007. 

20 SEC. 536. None of the funds in this Act shall be used 

21 to recruit, hire, or employ nonscreener personnel into the 

22 Transportation Security Administration’s Federal Secu23 rity Director office at each airport participating in the se24 curity partnership program under section 44920 of title 

25 49, United States Code, whose job title and job description 


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1 would duplicate those of nonscreener personnel employed 

2 by the screening company that is under contract with the 

3 Transportation Security Administration to provide secu4 rity screening services at the airport. 

5 SEC. 537. None of the funds made available by this 

6 Act shall be used in contravention of the Federal buildings 

7 performance and reporting requirements of Executive 

8 Order No. 13123, part 3 of title V of the National Energy 

9 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub10 title A of title I of the Energy Policy Act of 2005 (includ11 ing the amendments made thereby). 

12 SEC. 538. None of the funds made available in this 

13 Act may be used in contravention of section 303 of the 

14 Energy Policy Act of 1992 (42 U.S.C. 13212). 

15 SEC. 539. None of the funds made available in this 

16 Act may be used to award any contract for major disaster 

17 or emergency assistance activities under the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act 

19 except in accordance with section 307 of such Act (42 

20 U.S.C. 5150). 

21 SEC. 540. None of the funds made available in the 

22 Act may be used to reimburse L.B.& B. Associates, Inc. 

23 or Olgoonik Logistics, LLC (or both) for attorneys fees 

24 related to pending litigation against Local 30 of the Inter25 national Union of Operating Engineers. 


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1 SEC. 541. The amounts otherwise provided by this 

2 Act are revised by reducing the amount made available 

3 for ‘‘DEPARTMENTAL MANAGEMENT AND OPER4 ATIONS—OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT’’, and increasing the amount made avail6 able for ‘‘OFFICE OF GRANTS AND TRAINING—FIRE7 FIGHTER ASSISTANCE GRANTS’’ (for increasing the 

8 amount under such heading to carry out section 33 of the 

9 Federal Fire Prevention Control Act of 1974 by 

10 $2,100,000, and increasing the amount under such head11 ing to carry out section 34 of such Act by $2,100,000), 

12 by $4,200,000. 

13 SEC. 542. The amounts otherwise provided by this 

14 Act are revised by increasing the amount made available 

15 for ‘‘United States Secret Service—Protection, Adminis16 tration, and Training’’ and the amount made available for 

17 ‘‘Federal Emergency Management Agency—Readiness, 

18 Mitigation, Response, and Recovery’’ by $2,000,000 re19 spectively. 

20 SEC. 543. None of the the funds appropriated or oth21 erwise made available in this Act may be used in con22 travention of section 642(a) of the Illegal Immigration Re23 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

24 1373(a)). 


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1 SEC. 544. None of the funds made available by this 

2 Act may be used to provide a foreign government informa3 tion relating to the activities of an organized volunteer ci4 vilian action group, as defined by DHS OIG–06–4, oper5 ating in the State of California, Texas, New Mexico, or 

6 Arizona, unless required by international treaty. 

7 This Act may be cited as the ‘‘Department of Home8 land Security Appropriations Act, 2007’’. 

9 That the following sums are appropriated, out of any 

10 money in the Treasury not otherwise appropriated, for the 

11 Department of Homeland Security for the fiscal year end12 ing September 30, 2007, and for other purposes, namely: 

13 TITLE I 

14 DEPARTMENTAL MANAGEMENT AND 

15 OPERATIONS 

16 OFFICE OF THE SECRETARY AND EXECUTIVE

17 MANAGEMENT

18 For necessary expenses of the Office of the Secretary 

19 of Homeland Security, as authorized by section 102 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 112), and execu21 tive management of the Department of Homeland Security, 

22 as authorized by law, $82,622,000: Provided, That not to 

23 exceed $40,000 shall be for official reception and representa24 tion expenses. 


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1 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

2 For necessary expenses of the Office of the Under Sec3 retary for Management, as authorized by sections 701 

4 through 705 of the Homeland Security Act of 2002 (6 

5 U.S.C. 341 through 345), $163,456,000: Provided, That not 

6 to exceed $3,000 shall be for official reception and represen7 tation expenses: Provided further, That of the total amount 

8 provided, $8,206,000 shall remain available until expended 

9 solely for the alteration and improvement of facilities, ten10 ant improvements, and relocation costs to consolidate De11 partment headquarters operations. 

12 OFFICE OF THE CHIEF FINANCIAL OFFICER

13 For necessary expenses of the Office of the Chief Finan14 cial Officer, as authorized by section 103 of the Homeland 

15 Security Act of 2002 (6 U.S.C. 113), $26,018,000. 

16 OFFICE OF THE CHIEF INFORMATION OFFICER

17 For necessary expenses of the Office of the Chief Infor18 mation Officer, as authorized by section 103 of the Home19 land Security Act of 2002 (6 U.S.C. 113), and Department20 wide technology investments, $306,765,000; of which 

21 $79,521,000 shall be available for salaries and expenses; 

22 and of which $227,244,000 shall be available for develop23 ment and acquisition of information technology equipment, 

24 software, services, and related activities for the Department 

25 of Homeland Security, and for the costs of conversion to 


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1 narrowband communications, including the cost for oper2 ation of the land mobile radio legacy systems, to remain 

3 available until expended: Provided, That none of the funds 

4 appropriated shall be used to support or supplement the 

5 appropriations provided for the United States Visitor and 

6 Immigrant Status Indicator Technology project or the 

7 Automated Commercial Environment: Provided further, 

8 That the Chief Information Officer shall submit to the Com9 mittees on Appropriations of the Senate and the House of 

10 Representatives, not more than 60 days after the date of 

11 enactment of this Act, an expenditure plan for all informa12 tion technology projects that: (1) are funded under this 

13 heading; or (2) are funded by multiple components of the 

14 Department of Homeland Security through reimbursable 

15 agreements: Provided further, That such expenditure plan 

16 shall include each specific project funded, key milestones, 

17 all funding sources for each project, details of annual and 

18 lifecycle costs, and projected cost savings or cost avoidance 

19 to be achieved by the project. 

20 ANALYSIS AND OPERATIONS

21 For necessary expenses for information analysis and 

22 operations coordination activities, as authorized by title II 

23 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

24 $298,663,000, to remain available until September 30, 


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1 2008, of which not to exceed $5,000 shall be for official re2 ception and representation expenses. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General 

6 Act of 1978 (5 U.S.C. App.), $90,185,000, of which not to 

7 exceed $100,000 may be used for certain confidential oper8 ational expenses, including the payment of informants, to 

9 be expended at the direction of the Inspector General: Pro10 vided further, That the Department of Homeland Security 

11 Inspector General shall investigate whether, and to what ex12 tent, in adjusting and settling claims resulting from Hurri13 cane Katrina, insurers making flood insurance coverage 

14 available under the Write-Your-Own program pursuant to 

15 section 1345 of the National Flood Insurance Act of 1968 

16 (42 U.S.C. 4081) and subpart C of part 62 of title 44, Code 

17 of Federal Regulations, improperly attributed damages 

18 from such hurricane to flooding covered under the insurance 

19 coverage provided under the national flood insurance pro20 gram rather than to windstorms covered under coverage 

21 provided by such insurers or by windstorm insurance pools 

22 in which such insurers participated: Provided further, That 

23 the Department of Homeland Security Inspector General 

24 may request the assistance of the Attorney General and the 

25 Department of Justice in conducting such investigation and 


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1 may reimburse the costs of the Attorney General and the 

2 Department of Justice in providing such assistance from 

3 such funds: Provided further, That the Department of 

4 Homeland Security Inspector General shall submit a report 

5 to Congress not later than April 1, 2007, setting forth the 

6 conclusions of such investigation. 

7 TITLE II 

8 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

9 UNITED STATES VISITOR AND IMMIGRANT STATUS

10 INDICATOR TECHNOLOGY

11 For necessary expenses for the development of the 

12 United States Visitor and Immigrant Status Indicator 

13 Technology project, as authorized by section 110 of the Ille14 gal Immigration Reform and Immigration Responsibility 

15 Act of 1996 (8 U.S.C. 1221 note), $399,494,000, to remain 

16 available until expended: Provided, That of the total 

17 amount made available under this heading, $200,000,000 

18 may not be obligated for the United States Visitor and Im19 migrant Status Indicator Technology project until the Com20 mittees on Appropriations of the Senate and the House of 

21 Representatives receive and approve a plan for expenditure 

22 prepared by the Secretary of Homeland Security that— 

23 (1) meets the capital planning and investment 

24 control review requirements established by the Office 


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1 of Management and Budget, including Circular A–11, 

2 part 7; 

3 (2) complies with the Department of Homeland 

4 Security information systems enterprise architecture; 

5 (3) complies with the acquisition rules, require6 ments, guidelines, and systems acquisition manage7 ment practices of the Federal Government; 

8 (4) includes a certification by the Chief Informa9 tion Officer of the Department of Homeland Security 

10 that an independent verification and validation agent 

11 is currently under contract for the project; 

12 (5) is reviewed and approved by the Department 

13 of Homeland Security Investment Review Board, the 

14 Secretary of Homeland Security, and the Office of 

15 Management and Budget; and 

16 (6) is reviewed by the Government Account17 ability Office. 

18 CUSTOMS AND BORDER PROTECTION

19 SALARIES AND EXPENSES

20 For necessary expenses for enforcement of laws relating 

21 to border security, immigration, customs, and agricultural 

22 inspections and regulatory activities related to plant and 

23 animal imports; purchase and lease of up to 4,500 (3,500 

24 for replacement only) police-type vehicles; and contracting 

25 with individuals for personal services abroad; 


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1 $5,329,874,000, of which $44,000,000 shall be used to hire 

2 an additional 236 border patrol agents; of which $3,026,000 

3 shall be derived from the Harbor Maintenance Trust Fund 

4 for administrative expenses related to the collection of the 

5 Harbor Maintenance Fee under section 9505(c)(3) of the In6 ternal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 

7 notwithstanding section 1511(e)(1) of the Homeland Secu8 rity Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

9 $45,000 shall be for official reception and representation 

10 expenses; of which not less than $172,676,000 shall be for 

11 Air and Marine Operations; of which such sums as become 

12 available in the Customs User Fee Account, except sums 

13 subject to section 13031(f)(3) of the Consolidated Omnibus 

14 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 

15 shall be derived from that account; of which not to exceed 

16 $150,000 shall be available for payment for rental space 

17 in connection with preclearance operations; of which not 

18 to exceed $1,000,000 shall be for awards of compensation 

19 to informants, to be accounted for solely under the certifi20 cate of the Secretary of Homeland Security: Provided, That 

21 for fiscal year 2007, the overtime limitation prescribed in 

22 section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 

23 267(c)(1)) shall be $35,000; and notwithstanding any other 

24 provision of law, none of the funds appropriated by this 

25 Act may be available to compensate any employee of United 


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1 States Customs and Border Protection for overtime, from 

2 whatever source, in an amount that exceeds such limitation, 

3 except in individual cases determined by the Secretary of 

4 Homeland Security, or the designee of the Secretary, to be 

5 necessary for national security purposes, to prevent exces6 sive costs, or in cases of immigration emergencies. 

7 AUTOMATION MODERNIZATION

8 For expenses for customs and border protection auto9 mated systems, $461,207,000, to remain available until ex10 pended, of which not less than $318,490,000 shall be for 

11 the development of the Automated Commercial Environ12 ment: Provided, That none of the funds made available 

13 under this heading may be obligated for the Automated 

14 Commercial Environment until the Committees on Appro15 priations of the Senate and the House of Representatives 

16 receive and approve a plan for expenditure prepared by the 

17 Secretary of Homeland Security that— 

18 (1) meets the capital planning and investment 

19 control review requirements established by the Office 

20 of Management and Budget, including Circular A–11, 

21 part 7; 

22 (2) complies with the Department of Homeland 

23 Security information systems enterprise architecture; 

24 (3) complies with the acquisition rules, require25 ments, guidelines, and systems acquisition manage26 ment practices of the Federal Government; 


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1 (4) includes a certification by the Chief Informa2 tion Officer of the Department of Homeland Security 

3 that an independent verification and validation agent 

4 is currently under contract for the project; 

5 (5) is reviewed and approved by the Department 

6 of Homeland Security Investment Review Board, the 

7 Secretary of Homeland Security, and the Office of 

8 Management and Budget; and 

9 (6) is reviewed by the Government Account10 ability Office. 

11 TECHNOLOGY MODERNIZATION

12 For expenses for customs and border protection tech13 nology systems, $131,559,000, to remain available until ex14 pended: Provided, That of the funds made available under 

15 this heading, $100,000,000 may not be obligated until the 

16 Committees on Appropriations of the Senate and the House 

17 of Representatives receive and approve a plan for expendi18 ture prepared by the Secretary of Homeland Security 

19 that— 

20 (1) meets the capital planning and investment 

21 control review requirements established by the Office 

22 of Management and Budget, including Circular A–11, 

23 part 7; 

24 (2) complies with the Department of Homeland 

25 Security information systems enterprise architecture; 


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1 (3) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition manage3 ment practices of the Federal Government; 

4 (4) includes a certification by the Chief Informa5 tion Officer of the Department of Homeland Security 

6 that an independent verification and validation agent 

7 is currently under contract for the project; 

8 (5) is reviewed and approved by the Department 

9 of Homeland Security Investment Review Board, the 

10 Secretary of Homeland Security, and the Office of 

11 Management and Budget; and 

12 (6) is reviewed by the Government Account13 ability Office. 

14 AIR AND MARINE INTERDICTION, OPERATIONS, 

15 MAINTENANCE, AND PROCUREMENT

16 (INCLUDING RESCISSION OF FUNDS)

17 For necessary expenses for the operations, mainte18 nance, and procurement of marine vessels, aircraft, un19 manned aerial vehicles, and other related equipment of the 

20 air and marine program, including operational training 

21 and mission-related travel, and rental payments for facili22 ties occupied by the air or marine interdiction and demand 

23 reduction programs, the operations of which include the fol24 lowing: the interdiction of narcotics and other goods; the 

25 provision of support to Federal, State, and local agencies 

26 in the enforcement or administration of laws enforced by 


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1 the Department of Homeland Security; and at the discre2 tion of the Secretary of Homeland Security, the provision 

3 of assistance to Federal, State, and local agencies in other 

4 law enforcement and emergency humanitarian efforts, 

5 $472,499,000, to remain available until expended: Pro6 vided, That no aircraft or other related equipment, with 

7 the exception of aircraft that are one of a kind and have 

8 been identified as excess to United States Customs and Bor9 der Protection requirements and aircraft that have been 

10 damaged beyond repair, shall be transferred to any other 

11 Federal agency, department, or office outside of the Depart12 ment of Homeland Security during fiscal year 2007 without 

13 the prior approval of the Committees on Appropriations of 

14 the Senate and the House of Representatives. 

15 In addition, of the funds appropriated under this 

16 heading in title II of the Department of Homeland Security 

17 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

18 2068) for a covert manned surveillance aircraft, 

19 $14,000,000 are rescinded. 

20 CONSTRUCTION

21 For necessary expenses to plan, construct, renovate, 

22 equip, and maintain buildings and facilities necessary for 

23 the administration and enforcement of the laws relating to 

24 customs and immigration, $288,084,000, to remain avail25 able until expended. 


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1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigration 

4 and customs laws, detention and removals, and investiga5 tions; and purchase and lease of up to 2,740 (2,000 for re6 placement only) police-type vehicles; $3,740,357,000, of 

7 which not to exceed $7,500,000 shall be available until ex8 pended for conducting special operations under section 3131 

9 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); 

10 of which not to exceed $15,000 shall be for official reception 

11 and representation expenses; of which not to exceed 

12 $1,000,000 shall be for awards of compensation to inform13 ants, to be accounted for solely under the certificate of the 

14 Secretary of Homeland Security; of which not less than 

15 $102,000 shall be for promotion of public awareness of the 

16 child pornography tipline; of which not less than $203,000 

17 shall be for Project Alert; of which not less than $5,400,000 

18 may be used to facilitate agreements consistent with section 

19 287(g) of the Immigration and Nationality Act (8 U.S.C. 

20 1357(g)); and of which not to exceed $11,216,000 shall be 

21 available to fund or reimburse other Federal agencies for 

22 the costs associated with the care, maintenance, and repa23 triation of smuggled illegal aliens: Provided, That none of 

24 the funds made available under this heading shall be avail25 able to compensate any employee for overtime in an annual 


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1 amount in excess of $35,000, except that the Secretary of 

2 Homeland Security, or the designee of the Secretary, may 

3 waive that amount as necessary for national security pur4 poses and in cases of immigration emergencies: Provided 

5 further, That none of the funds in this Act or any other 

6 appropriations Act may be used to fund any activity other 

7 than those activities funded in fiscal year 2005 to facilitate 

8 agreements consistent with section 287(g) of the Immigra9 tion and Nationality Act (8 U.S.C. 1357(g)): Provided fur10 ther, That of the total amount provided, $15,770,000 shall 

11 be for activities to enforce laws against forced child labor 

12 in fiscal year 2007, of which not to exceed $6,000,000 shall 

13 remain available until expended: Provided further, That an 

14 additional $58,000,000 shall be available under this head15 ing and authorized for 1,700 additional detention beds 

16 spaces and the necessary operational and mission support 

17 positions, information technology, relocation costs, and 

18 training for those beds and the amount made available 

19 under the heading ‘‘DISASTER RELIEF’’ in this Act is re20 duced by $58,000,000. 

21 FEDERAL PROTECTIVE SERVICE

22 The revenues and collections of security fees credited 

23 to this account, not to exceed $516,011,000, shall be avail24 able until expended for necessary expenses related to the 

25 protection of federally-owned and leased buildings and for 

26 the operations of the Federal Protective Service. 


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1 AUTOMATION MODERNIZATION

2 For expenses of immigration and customs enforcement 

3 automated systems, $20,000,000, to remain available until 

4 expended: Provided, That of the funds made available under 

5 this heading, $16,000,000 may not be obligated until the 

6 Committees on Appropriations of the Senate and the House 

7 of Representatives receive and approve a plan for expendi8 ture prepared by the Secretary of Homeland Security 

9 that— 

10 (1) meets the capital planning and investment 

11 control review requirements established by the Office 

12 of Management and Budget, including Circular A–11, 

13 part 7; 

14 (2) complies with the Department of Homeland 

15 Security information systems enterprise architecture; 

16 (3) complies with the acquisition rules, require17 ments, guidelines, and systems acquisition manage18 ment practices of the Federal Government; 

19 (4) includes a certification by the Chief Informa20 tion Officer of the Department of Homeland Security 

21 that an independent verification and validation agent 

22 is currently under contract for the project; 

23 (5) is reviewed and approved by the Department 

24 of Homeland Security Investment Review Board, the 


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1 Secretary of Homeland Security, and the Office of 

2 Management and Budget; and 

3 (6) is reviewed by the Government Account4 ability Office. 

5 CONSTRUCTION

6 For necessary expenses to plan, construct, renovate, 

7 equip, and maintain buildings and facilities necessary for 

8 the administration and enforcement of the laws relating to 

9 customs and immigration, $101,281,000, to remain avail10 able until expended. 

11 TRANSPORTATION SECURITY ADMINISTRATION

12 AVIATION SECURITY

13 For necessary expenses of the Transportation Security 

14 Administration related to providing civil aviation security 

15 services under the Aviation and Transportation Security 

16 Act (49 U.S.C. 40101 note; Public Law 107–71; 115 Stat. 

17 597), $4,751,580,000, to remain available until September 

18 30, 2008, of which not to exceed $10,000 shall be for official 

19 reception and representation expenses: Provided, That of the 

20 total amount made available under this heading, not to ex21 ceed $3,790,132,000 shall be for screening operations, of 

22 which $141,400,000 shall be available only for procurement 

23 of checked baggage explosive detection systems and 

24 $171,500,000 shall be available only for installation of 

25 checked baggage explosive detection systems; and not to ex26 ceed $961,448,000 shall be for aviation security direction 


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1 and enforcement presence: Provided further, That the 

2 Transportation Security Administration shall provide pas3 senger and baggage screeners and related resources at the 

4 New Castle Airport in Wilmington, Delaware, as long as 

5 commercial air service is provided at that airport: Provided 

6 further, That of the funds appropriated under this heading, 

7 $25,000,000 shall not be obligated until after the Secretary 

8 of Homeland Security submits to the Committees on Appro9 priations of the Senate and the House of Representatives 

10 a detailed report in response to findings in the Department 

11 of Homeland Security Office of Inspector General report 

12 (OIG–04–44) concerning contractor fees: Provided further, 

13 That security service fees authorized under section 44940 

14 of title 49, United States Code, shall be credited to this ap15 propriation as offsetting collections and shall be available 

16 only for aviation security: Provided further, That the sum 

17 herein appropriated from the General Fund shall be reduced 

18 on a dollar-for-dollar basis as such offsetting collections are 

19 received during fiscal year 2007, so as to result in a final 

20 fiscal year appropriation from the General Fund estimated 

21 at not more than $2,331,580,000 Provided further, That 

22 any security service fees collected in excess of the amount 

23 made available under this heading shall become available 

24 during fiscal year 2008: Provided further, That notwith25 standing section 44923 of title 49, United States Code, the 


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1 share of the cost of the Federal Government for a project 

2 under any letter of intent shall be 75 percent for any me3 dium or large hub airport and not more than 90 percent 

4 for any other airport, and all funding provided by section 

5 44923(h) of title 49 United States Code, or from appropria6 tions authorized under section 44923(i)(1) of title 49, 

7 United States Code, may be distributed in any manner de8 termined necessary to ensure aviation security and to fulfill 

9 the Government’s planned cost share under existing letters 

10 of intent: Provided further, That Members of the United 

11 States House of Representatives and United States Senate, 

12 including the leadership; and the heads of Federal agencies 

13 and commissions, including the Secretary, Under Secre14 taries, and Assistant Secretaries of the Department of 

15 Homeland Security; the United States Attorney General 

16 and Assistant Attorneys General and the United States at17 torneys; and senior members of the Executive Office of the 

18 President, including the Director of the Office of Manage19 ment and Budget; shall not be exempt from Federal pas20 senger and baggage screening: Provided further, That begin21 ning in fiscal year 2007 and thereafter, reimbursement for 

22 security services and related equipment and supplies pro23 vided in support of general aviation access to the Ronald 

24 Reagan Washington National Airport shall be credited to 


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1 this appropriation and shall be available until expended 

2 solely for these purposes. 

3 SURFACE TRANSPORTATION SECURITY

4 For necessary expenses of the Transportation Security 

5 Administration related to providing surface transportation 

6 security activities, $37,200,000, to remain available until 

7 September 30, 2008. 

8 TRANSPORTATION THREAT ASSESSMENT AND

9 CREDENTIALING

10 For necessary expenses for the development and imple11 mentation of screening programs of the Office of Transpor12 tation Threat Assessment and Credentialing, $29,700,000, 

13 to remain available until September 30, 2008. 

14 TRANSPORTATION SECURITY SUPPORT

15 For necessary expenses of the Transportation Security 

16 Administration related to providing transportation secu17 rity support and intelligence under the Aviation and 

18 Transportation Security Act (Public Law 107–71; 115 

19 Stat. 597; 49 U.S.C. 40101 note), $618,865,000, to remain 

20 available until September 30, 2008. 

21 FEDERAL AIR MARSHALS

22 For necessary expenses of the Federal Air Marshals, 

23 $699,294,000. 


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1 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 For necessary expenses for the operation and mainte4 nance of the United States Coast Guard not otherwise pro5 vided for; purchase or lease of not to exceed 25 passenger 

6 motor vehicles, which shall be for replacement only; pay7 ments under section 156 of Public Law 97–377 (42 U.S.C. 

8 402 note; 96 Stat. 1920); and recreation and welfare; 

9 $5,534,349,000, of which $340,000,000 shall be for defense10 related activities; of which $24,255,000 shall be derived 

11 from the Oil Spill Liability Trust Fund to carry out the 

12 purposes of section 1012(a)(5) of the Oil Pollution Act of 

13 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed 

14 $10,000 shall be for official reception and representation 

15 expenses: Provided, That none of the funds made available 

16 by this or any other Act shall be available for administra17 tive expenses in connection with shipping commissioners in 

18 the United States: Provided further, That none of the funds 

19 made available by this Act shall be for expenses incurred 

20 for yacht documentation under section 12109 of title 46, 

21 United States Code, except to the extent fees are collected 

22 from yacht owners and credited to this appropriation. 

23 ENVIRONMENTAL COMPLIANCE AND RESTORATION

24 For necessary expenses to carry out the environmental 

25 compliance and restoration functions of the United States 


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1 Coast Guard under chapter 19 of title 14, United States 

2 Code, $10,880,000, to remain available until expended. 

3 RESERVE TRAINING

4 For necessary expenses of the Coast Guard Reserve, as 

5 authorized by law; operations and maintenance of the re6 serve program; personnel and training costs; and equipment 

7 and services; $123,948,000. 

8 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

9 (INCLUDING RESCISSIONS OF FUNDS)

10 For necessary expenses of acquisition, construction, 

11 renovation, and improvement of aids to navigation, shore 

12 facilities, vessels, and aircraft, including equipment related 

13 thereto; and maintenance, rehabilitation, lease and oper14 ation of facilities and equipment, as authorized by law; 

15 $1,145,329,000, of which $19,800,000 shall be derived from 

16 the Oil Spill Liability Trust Fund to carry out the purposes 

17 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

18 U.S.C. 2712(a)(5)); of which $24,750,000 shall be available 

19 until September 30, 2011, to acquire, repair, renovate, or 

20 improve vessels, small boats, and related equipment; of 

21 which $14,000,000 shall be available until September 30, 

22 2011, to increase aviation capability; of which $92,268,000 

23 shall be available until September 30, 2009, for other equip24 ment; of which $20,680,000 shall be available until Sep25 tember 30, 2009, for shore facilities and aids to navigation 

26 facilities; and of which $993,631,000 shall be available until 


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1 September 30, 2011, for the Integrated Deepwater Systems 

2 program: Provided, That the Commandant of the Coast 

3 Guard is authorized to dispose of surplus real property, by 

4 sale or lease, and the proceeds shall be credited to this ap5 propriation as offsetting collections and shall be available 

6 until September 30, 2009: Provided further, That the Sec7 retary of Homeland Security shall submit to the Commit8 tees on Appropriations of the Senate and the House of Rep9 resentatives, in conjunction with the President’s fiscal year 

10 2008 budget, a review of the Revised Deepwater Implemen11 tation Plan that identifies any changes to the plan for the 

12 fiscal year; an annual performance comparison of Deep13 water assets to pre-Deepwater legacy assets; a status report 

14 of legacy assets; a detailed explanation of how the costs of 

15 legacy assets are being accounted for within the Deepwater 

16 program; an explanation of why many assets that are ele17 ments of the Integrated Deepwater System are not ac18 counted for within the Deepwater appropriation under this 

19 heading; a description of the competitive process conducted 

20 in all contracts and subcontracts exceeding $5,000,000 

21 within the Deepwater program; a description of how the 

22 Coast Guard is planning for the human resource needs of 

23 Deepwater assets; and the earned value management system 

24 gold card data for each Deepwater asset: Provided further, 

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1 propriations of the Senate and the House of Representatives 

2 a comprehensive review of the Revised Deepwater Imple3 mentation Plan every 5 years, beginning in fiscal year 

4 2011, that includes a complete projection of the acquisition 

5 costs and schedule for the duration of the plan through fiscal 

6 year 2027: Provided further, That the Secretary shall annu7 ally submit to the Committees on Appropriations of the 

8 Senate and the House of Representatives, at the time that 

9 the President’s budget is submitted under section 1105(a) 

10 of title 31, United States Code, a future-years capital in11 vestment plan for the Coast Guard that identifies for each 

12 capital budget line item— 

13 (1) the proposed appropriation included in that 

14 budget; 

15 (2) the total estimated cost of completion; 

16 (3) projected funding levels for each fiscal year 

17 for the next five fiscal years or until project comple18 tion, whichever is earlier; 

19 (4) an estimated completion date at the projected 

20 funding levels; and 

21 (5) changes, if any, in the total estimated cost of 

22 completion or estimated completion date from pre23 vious future-years capital investment plans submitted 

24 to the Committees on Appropriations of the Senate 

25 and the House of Representatives: 


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1 Provided further, That the Secretary shall ensure that 

2 amounts specified in the future-years capital investment 

3 plan are consistent to the maximum extent practicable with 

4 proposed appropriations necessary to support the programs, 

5 projects, and activities of the Coast Guard in the President’s 

6 budget as submitted under section 1105(a) of title 31, 

7 United States Code, for that fiscal year: Provided further, 

8 That any inconsistencies between the capital investment 

9 plan and proposed appropriations shall be identified and 

10 justified. 

11 In addition, of the funds appropriated under this 

12 heading in title II of the Department of Homeland Security 

13 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

14 2087), $79,200,000 are rescinded from the unexpended bal15 ances specifically identified in the Joint Explanatory 

16 Statement (House Report 109–241) accompanying that Act 

17 for the Fast Response Cutter, the service life extension pro18 gram of the current 110-foot Island Class patrol boat fleet, 

19 and accelerated design and production of the Fast Response 

20 Cutter. 

21 In addition, of the funds appropriated under this 

22 heading in title II of the Department of Homeland Security 

23 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

24 2087), $1,933,000 are rescinded from the unexpended bal25 ances specifically identified in the Joint Explanatory 


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1 Statement (House Report 109–241) accompanying that Act 

2 for the covert surveillance aircraft. 

3 In addition, of the funds appropriated under this 

4 heading in title II of the Department of Homeland Security 

5 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

6 2087), $1,835,000 are rescinded from the unexpended bal7 ances specifically identified in the Joint Explanatory 

8 Statement (House Report 109–241) accompanying that Act 

9 for the automatic identification system. 

10 ALTERATION OF BRIDGES

11 For necessary expenses for alteration or removal of ob12 structive bridges, as authorized by section 6 of the Truman13 Hobbs Act (33 U.S.C. 516), $15,000,000, to remain avail14 able until expended. 

15 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

16 For necessary expenses for applied scientific research, 

17 development, test, and evaluation; and for maintenance, re18 habilitation, lease, and operation of facilities and equip19 ment; as authorized by law; $17,573,000, to remain avail20 able until expended, of which $495,000 shall be derived from 

21 the Oil Spill Liability Trust Fund to carry out the purposes 

22 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

23 U.S.C. 2712(a)(5)): Provided, That there may be credited 

24 to and used for the purposes of this appropriation funds 

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1 thorities, private sources, and foreign countries for expenses 

2 incurred for research, development, testing, and evaluation. 

3 RETIRED PAY

4 For retired pay, including the payment of obligations 

5 otherwise chargeable to lapsed appropriations for this pur6 pose, payments under the Retired Serviceman’s Family 

7 Protection and Survivor Benefits Plans, payment for career 

8 status bonuses, concurrent receipts and combat-related spe9 cial compensation under the National Defense Authoriza10 tion Act, and payments for medical care of retired per11 sonnel and their dependents under chapter 55 of title 10, 

12 United States Code, $1,063,323,000. 

13 UNITED STATES SECRET SERVICE

14 PROTECTION, ADMINISTRATION, AND TRAINING

15 For necessary expenses of the United States Secret 

16 Service, including purchase of not to exceed 755 vehicles 

17 for police-type use, of which 624 shall be for replacement 

18 only, and hire of passenger motor vehicles; purchase of mo19 torcycles made in the United States; hire of aircraft; serv20 ices of expert witnesses at such rates as may be determined 

21 by the Director of the Secret Service; rental of buildings 

22 in the District of Columbia, and fencing, lighting, guard 

23 booths, and other facilities on private or other property not 

24 in Government ownership or control, as may be necessary 

25 to perform protective functions; payment of per diem or 

26 subsistence allowances to employees where a protective asVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 signment during the actual day or days of the visit of a 

2 protectee requires an employee to work 16 hours per day 

3 or to remain overnight at a post of duty; conduct of and 

4 participation in firearms matches; presentation of awards; 

5 travel of Secret Service employees on protective missions 

6 without regard to the limitations on such expenditures in 

7 this or any other Act if approval is obtained in advance 

8 from the Committees on Appropriations of the Senate and 

9 the House of Representatives; research and development; 

10 grants to conduct behavioral research in support of protec11 tive research and operations; and payment in advance for 

12 commercial accommodations as may be necessary to per13 form protective functions; $918,028,000, of which not to ex14 ceed $25,000 shall be for official reception and representa15 tion expenses: Provided, That up to $18,000,000 provided 

16 for protective travel shall remain available until September 

17 30, 2008: Provided further, That the United States Secret 

18 Service is authorized to obligate funds in anticipation of 

19 reimbursements from Federal agencies and entities, as de20 fined in section 105 of title 5, United States Code, receiving 

21 training sponsored by the James J. Rowley Training Cen22 ter, except that total obligations at the end of the fiscal year 

23 shall not exceed total budgetary resources available under 

24 this heading at the end of the fiscal year. 


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1 INVESTIGATIONS AND FIELD OPERATIONS

2 For necessary expenses for investigations and field op3 erations of the United States Secret Service, not otherwise 

4 provided for, including costs related to office space and serv5 ices of expert witnesses at such rate as may be determined 

6 by the Director of the Secret Service, $304,205,000; of which 

7 not to exceed $100,000 shall be to provide technical assist8 ance and equipment to foreign law enforcement organiza9 tions in counterfeit investigations; of which $2,366,000 shall 

10 be for forensic and related support of investigations of miss11 ing and exploited children; and of which $6,000,000 shall 

12 be a grant for activities related to the investigations of miss13 ing and exploited children and shall remain available until 

14 expended. 

15 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

16 RELATED EXPENSES

17 For necessary expenses for acquisition, construction, 

18 repair, alteration, and improvement of facilities, 

19 $3,725,000, to remain available until expended. 

20 TITLE III 

21 PREPAREDNESS AND RECOVERY 

22 PREPAREDNESS 

23 MANAGEMENT AND ADMINISTRATION

24 For salaries and expenses of the Office of the Under 

25 Secretary for Preparedness, the Office of the Chief Medical 

26 Officer, and the Office of National Capital Region CoordiVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 nation, $30,572,000, of which no less than $2,741,000 may 

2 be used for the Office of National Capital Region Coordina3 tion, and of which $6,459,000 shall be for the National Pre4 paredness Integration Program: Provided, That none of the 

5 funds made available under this heading may be obligated 

6 for the National Preparedness Integration Program until 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives receive and approve a plan for 

9 expenditure prepared by the Secretary of Homeland Secu10 rity: Provided further, That not to exceed $7,000 shall be 

11 for official reception and representation expenses: Provided 

12 further, That none of the funds made available in this title 

13 under the heading ‘‘Management and Administration’’ may 

14 be used for travel by an officer or employee of the Depart15 ment of Homeland Security until the Under Secretary for 

16 Preparedness has implemented the recommendations in the 

17 report by the Inspector General of the Department of Home18 land Security titled ‘‘Progress in Developing the National 

19 Asset Database’’, dated June 2006; or until the Under Sec20 retary for Preparedness submits a report to the Committee 

21 on Homeland Security and Governmental Affairs and the 

22 Committee on Appropriations of the Senate and the Com23 mittee on Homeland Security and the Committee on Appro24 priations of the House of Representatives explaining why 

25 such recommendations have not been fully implemented. 


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1 OFFICE FOR DOMESTIC PREPAREDNESS

2 STATE AND LOCAL PROGRAMS

3 For grants, contracts, cooperative agreements, and 

4 other activities, including grants to State and local govern5 ments for terrorism prevention activities, notwithstanding 

6 any other provision of law, $2,400,000,000, which shall be 

7 allocated as follows: 

8 (1) $500,000,000 for formula-based grants and 

9 $350,000,000 for law enforcement terrorism preven10 tion grants under section 1014 of the USA PATRIOT 

11 ACT (42 U.S.C. 3714): Provided, That the applica12 tion for grants shall be made available to States with13 in 45 days after the date of enactment of this Act; 

14 that States shall submit applications within 90 days 

15 after the grant announcement; and that the Office for 

16 Domestic Preparedness shall act within 90 days after 

17 the grant announcement: Provided further, That not 

18 less than 80 percent of any grant under this para19 graph to a State (other than Puerto Rico) shall be 

20 made available by the State to local governments 

21 within 60 days after the receipt of the funds. 

22 (2) $1,172,000,000 for discretionary grants, as 

23 determined by the Secretary of Homeland Security, of 

24 which— 


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1 (A) $745,000,000 shall be for use in high2 threat, high-density urban areas: Provided, That 

3 not later than September 30, 2007, the Secretary 

4 shall distribute any unallocated funds provided 

5 for in title III of the Department of Homeland 

6 Security Appropriations Act, 2006 (Public Law 

7 109–90; 119 Stat. 2075) under the heading 

8 ‘‘STATE AND LOCAL PROGRAMS’’ under the head9 ing ‘‘OFFICE FOR DOMESTIC PREPAREDNESS’’ to 

10 assist organizations (as described under section 

11 501(c)(3) of the Internal Revenue Code of 1986 

12 and exempt from tax under section 501(a) of 

13 such Code) determined by the Secretary to be at 

14 high-risk or potential high-risk of a terrorist at15 tack: Provided further, That applicants shall 

16 provide for the Secretary’s consideration prior 

17 threats or attacks (within or outside the United 

18 States) by a terrorist organization, network, or 

19 cell against an organization described in the pre20 vious proviso, and the Secretary shall consider 

21 prior threats or attacks (within or outside the 

22 United States) against such organizations when 

23 determining risk: Provided further, That the Sec24 retary shall report to the Committees on Appro25 priations of the Senate and the House of RepVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 resentatives the risk to each designated tax ex2 empt grantee at least 3 full business days in ad3 vance of the announcement of any grant award; 

4 (B) $210,000,000 shall be for port security 

5 grants for the purposes of section 70107(a) 

6 through (h) of title 46, United States Code, 

7 which shall be awarded based on risk notwith8 standing subsection (a), for eligible costs as de9 fined in subsections (b)(2), (3), and (4); 

10 (C) $5,000,000 shall be for trucking indus11 try security grants; 

12 (D) $12,000,000 shall be for intercity bus 

13 security grants; 

14 (E) $150,000,000 shall be for intercity pas15 senger rail transportation (as defined in section 

16 24102 of title 49, United States Code), freight 

17 rail, and transit security grants; and 

18 (F) $50,000,000 shall be for buffer zone pro19 tection grants: 

20 Provided, That for grants under subparagraph (A), 

21 the application for grants shall be made available to 

22 States within 45 days after the date of enactment of 

23 this Act; that States shall submit applications within 

24 90 days after the grant announcement; and that the 

25 Office for Domestic Preparedness shall act within 90 


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1 days after receipt of an application: Provided further, 

2 That not less than 80 percent of any grant under this 

3 paragraph to a State shall be made available by the 

4 State to local governments within 60 days after the 

5 receipt of the funds: Provided further, That for grants 

6 under subparagraphs (B) through (F), the applica7 tions for such grants shall be made available to eligi8 ble applicants not later than 75 days after the date 

9 of enactment of this Act, eligible applicants shall sub10 mit applications not later than 45 days after the date 

11 of the grant announcement, and the Office for Domes12 tic Preparedness shall act on such applications not 

13 later than 45 days after the date on which such an 

14 application is received. 

15 (3) $40,000,000 shall be available for the Com16 mercial Equipment Direct Assistance Program. 

17 (4) $338,000,000 for training, exercises, technical 

18 assistance, and other programs (including mass evac19 uation preparation and exercises): Provided, That not 

20 less than $18,000,000 is for technical assistance: 

21 Provided, That none of the grants provided under this head22 ing shall be used for the construction or renovation of facili23 ties, except for a minor perimeter security project, not to 

24 exceed $1,000,000, as determined necessary by the Secretary 

25 of Homeland Security: Provided further, That the proVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 ceeding proviso shall not apply to grants under subpara2 graphs (B), (E), and (F) of paragraph (2) of this heading: 

3 Provided further, That grantees shall provide additional re4 ports on their use of funds, as determined necessary by the 

5 Secretary of Homeland Security: Provided further, That 

6 funds appropriated for law enforcement terrorism preven7 tion grants under paragraph (1) and discretionary grants 

8 under paragraph (2)(A) of this heading shall be available 

9 for operational costs, to include personnel overtime and 

10 overtime associated with Office for Domestic Preparedness 

11 certified training, as needed: Provided further, That the 

12 Government Accountability Office shall report on the valid13 ity, relevance, reliability, timeliness, and availability of the 

14 risk factors (including threat, vulnerability, and con15 sequence) used by the Secretary for the purpose of allocating 

16 discretionary grants funded under this heading, and the ap17 plication of those factors in the allocation of funds to the 

18 Committees on Appropriations of the Senate and the House 

19 of Representatives on its findings not later than 45 days 

20 after the date of enactment of this Act: Provided further, 

21 That within 7 days after the date of enactment of this Act, 

22 the Secretary shall provide the Government Accountability 

23 Office with the threat and risk methodology and factors that 

24 will be used to allocate discretionary grants funded under 

25 this heading. 


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1 FIREFIGHTER ASSISTANCE GRANTS

2 For necessary expenses for programs authorized by the 

3 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

4 2201 et seq.), $680,000,000, of which $552,500,000 shall be 

5 available to carry out section 33 of that Act (15 U.S.C. 

6 2229) and $127,500,000 shall be available to carry out sec7 tion 34 (15 U.S.C. 2229a) of that Act, to remain available 

8 until September 30, 2008: Provided, That not to exceed 5 

9 percent of this amount shall be available for program ad10 ministration. 

11 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

12 For necessary expenses for emergency management 

13 performance grants, as authorized by the National Flood 

14 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert 

15 T. Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc17 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza18 tion Plan No. 3 of 1978 (5 U.S.C. App.), $220,000,000: Pro19 vided, That total administrative costs shall not exceed 3 

20 percent of the total appropriation. 

21 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

22 The aggregate charges assessed during fiscal year 2007, 

23 as authorized in title III of the Departments of Veterans 

24 Affairs and Housing and Urban Development, and Inde25 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

26 5196e), shall not be less than 100 percent of the amounts 


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1 anticipated by the Department of Homeland Security nec2 essary for its radiological emergency preparedness program 

3 for the next fiscal year: Provided, That the methodology for 

4 assessment and collection of fees shall be fair and equitable 

5 and shall reflect costs of providing such services, including 

6 administrative costs of collecting such fees: Provided fur7 ther, That fees received under this heading shall be deposited 

8 in this account as offsetting collections and will become 

9 available for authorized purposes on October 1, 2007, and 

10 remain available until expended. 

11 UNITED STATES FIRE ADMINISTRATION AND TRAINING

12 For necessary expenses of the United States Fire Ad13 ministration and for other purposes, as authorized by the 

14 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

15 2201 et seq.) and the Homeland Security Act of 2002 (6 

16 U.S.C. 101 et seq.), $45,887,000. 

17 INFRASTRUCTURE PROTECTION AND INFORMATION

18 SECURITY

19 For necessary expenses for infrastructure protection 

20 and information security programs and activities, as au21 thorized by title II of the Homeland Security Act of 2002 

22 (6 U.S.C. 121 et seq.), $525,056,000, of which $442,547,000 

23 shall remain available until September 30, 2008: Provided, 

24 That of the amount made available under this heading, 

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1 mits to the Committees on Appropriations of the Senate and 

2 House of Representatives the report required in House Re3 port 109–241 accompanying the Department of Homeland 

4 Security Appropriations Act, 2006 (Public Law 109–90) 

5 on resources necessary to implement mandatory security re6 quirements for the Nation’s chemical sector and to create 

7 a system for auditing and ensuring compliance with the 

8 security standards: Provided further, That not later than 

9 120 days after the date of the enactment of this Act, the 

10 Secretary of Homeland Security shall submit a classified 

11 report describing the security vulnerabilities of all rail, 

12 transit, and highway bridges and tunnels connecting North13 ern New Jersey and New York City to the Committee on 

14 Appropriations of the Senate; the Committee on Appropria15 tions of the House of Representatives; the Committee on 

16 Commerce, Science, and Transportation of the Senate; and 

17 the Committee on Transportation and Infrastructure of the 

18 House of Representatives. 

19 FEDERAL EMERGENCY MANAGEMENT AGENCY 

20 ADMINISTRATIVE AND REGIONAL OPERATIONS

21 For necessary expenses for administrative and regional 

22 operations, $249,499,000, including activities authorized by 

23 the National Flood Insurance Act of 1968 (42 U.S.C. 4001 

24 et seq.), the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5121 et seq.), the EarthVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 

2 seq.), the Defense Production Act of 1950 (50 U.S.C. App. 

3 2061 et seq.), sections 107 and 303 of the National Security 

4 Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 

5 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act 

6 of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed 

7 $3,000 shall be for official reception and representation ex8 penses. 

9 READINESS, MITIGATION, RESPONSE, AND RECOVERY

10 For necessary expenses for readiness, mitigation, re11 sponse, and recovery activities, $240,000,000, including ac12 tivities authorized by the National Flood Insurance Act of 

13 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

15 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 

16 U.S.C. 7701 et seq.), the Defense Production Act of 1950 

17 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 

18 National Security Act of 1947 (50 U.S.C. 404, 405), Reor19 ganization Plan No. 3 of 1978 (5 U.S.C. App.), and the 

20 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Pro21 vided, That of the total amount made available under this 

22 heading, $30,000,000 shall be for Urban Search and Rescue 

23 Teams, of which not to exceed $1,600,000 may be made 

24 available for administrative costs: Provided further, That 

25 the Secretary of Homeland Security, in consultation with 


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1 the Secretary of Health and Human Services and the Attor2 ney General of the United States, shall conduct an assess3 ment of the models used by the Louisiana family assistance 

4 call center and the National Center for Missing and Ex5 ploited Children in assisting individuals displaced by Hur6 ricane Katrina of 2005 in locating members of their family 

7 to determine how these models may be modified to assist 

8 individuals displaced in a major disaster (as that term is 

9 defined in section 102 of the Robert T. Stafford Disaster 

10 Relief and Emergency Assistance Act (42 U.S.C. 5122) in 

11 locating members of their family: Provided further, That 

12 the Secretary of Homeland Security shall submit to the 

13 chairman and ranking member of the Committee on Home14 land Security and Governmental Affairs; the Committee on 

15 Health, Education, Labor, and Pensions; and the Com16 mittee on the Judiciary of the Senate; and the chairman 

17 and ranking member of the Committee on Homeland Secu18 rity, the Committee on Energy and Commerce, and the 

19 Committee on the Judiciary of the House of Representatives 

20 results of the assessment conducted under the previous pro21 viso; as well as a plan to implement the findings of such 

22 assessment, to the maximum extent practicable. 


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1 PUBLIC HEALTH PROGRAMS

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for countering potential bio4 logical, disease, and chemical threats to civilian popu5 lations, $33,885,000: Provided, That the total amount ap6 propriated and, notwithstanding any other provision of 

7 law, the functions, personnel, assets, and liabilities of the 

8 National Disaster Medical System established under section 

9 2811(b) of the Public Health Service Act (42 U.S.C. 300hh– 

10 11(b)), including any functions of the Secretary of Home11 land Security relating to such System, shall be permanently 

12 transferred to the Secretary of the Department of Health 

13 and Human Services effective January 1, 2007. 

14 DISASTER RELIEF

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses in carrying out the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5121 et seq.), $1,640,000,000, to remain available 

19 until expended: Provided, That of the total amount pro20 vided, not to exceed $15,000,000 shall be transferred to the 

21 Department of Homeland Security Office of Inspector Gen22 eral for audits and investigations related to natural disas23 ters subject to section 503 of this Act: Provided further, That 

24 none of the funds appropriated or otherwise made available 

25 under this heading may be used to enter into contracts 


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1 using procedures based upon the unusual and compelling 

2 urgency exception to competitive procedures requirements 

3 under section 303(c)(2) of the Federal Property and Admin4 istrative Services Act of 1949 (41 U.S.C. 253(c)(2)) or sec5 tion 2304(c)(2) of title 10, United States Code, unless the 

6 contract is for the procurement of only such property and 

7 services as are necessary to address the immediate emer8 gency and is only for so long as is necessary to put competi9 tive procedures in place in connection with such procure10 ment and the Secretary of Homeland Security notifies the 

11 Committees on Appropriations and Homeland Security 

12 and Government Affairs of the Senate and Appropriations 

13 and Homeland Security of the House of Representatives of 

14 such contract not later than 7 days after the contract is 

15 entered into. 

16 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

17 For administrative expenses to carry out the direct 

18 loan program, as authorized by section 319 of the Robert 

19 T. Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5162), $569,000: Provided, That gross obliga21 tions for the principal amount of direct loans shall not ex22 ceed $25,000,000: Provided further, That the cost of modi23 fying such loans shall be as defined in section 502 of the 

24 Congressional Budget Act of 1974 (2 U.S.C. 661a). 


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1 FLOOD MAP MODERNIZATION FUND

2 For necessary expenses under section 1360 of the Na3 tional Flood Insurance Act of 1968 (42 U.S.C. 4101), 

4 $198,980,000, and such additional sums as may be pro5 vided by State and local governments or other political sub6 divisions for cost-shared mapping activities under section 

7 1360(f)(2) of such Act, to remain available until expended: 

8 Provided, That total administrative costs shall not exceed 

9 3 percent of the total appropriation. 

10 NATIONAL FLOOD INSURANCE FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For activities under the National Flood Insurance Act 

13 of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster 

14 Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

15 $128,588,000, which is available as follows: (1) not to ex16 ceed $38,230,000 for salaries and expenses associated with 

17 flood mitigation and flood insurance operations; and (2) 

18 not to exceed $90,358,000 for flood hazard mitigation which 

19 shall be derived from offsetting collections assessed and col20 lected under section 1307 of the National Flood Insurance 

21 Act of 1968 (42 U.S.C. 4001 et seq.), to remain available 

22 until September 30, 2008, including up to $31,000,000 for 

23 flood mitigation expenses under section 1366 of that Act, 

24 which amount shall be available for transfer to the National 

25 Flood Mitigation Fund until September 30, 2008: Provided, 


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1 That in fiscal year 2007, no funds in excess of: (1) 

2 $70,000,000 for operating expenses; (2) $692,999,000 for 

3 commissions and taxes of agents; (3) such sums as necessary 

4 for interest on Treasury borrowings shall be available from 

5 the National Flood Insurance Fund; and (4) not to exceed 

6 $50,000,000 for flood mitigation actions with respect to se7 vere repetitive loss properties under section 1361A of that 

8 Act and repetitive insurance claims properties under sec9 tion 1323 of that Act, which shall remain available until 

10 expended: Provided further, That total administrative costs 

11 shall not exceed 3 percent of the total appropriation. 

12 NATIONAL FLOOD MITIGATION FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 Notwithstanding subparagraphs (B) and (C) of sub15 section (b)(3), and subsection (f), of section 1366 of the Na16 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

17 $31,000,000, to remain available until September 30, 2008, 

18 for activities designed to reduce the risk of flood damage 

19 to structures pursuant to such Act, of which $31,000,000 

20 shall be derived from the National Flood Insurance Fund. 

21 NATIONAL PRE-DISASTER MITIGATION FUND

22 For a pre-disaster mitigation grant program under 

23 title II of the Robert T. Stafford Disaster Relief and Emer24 gency Assistance Act (42 U.S.C. 5131 et seq.), $149,978,000, 

25 to remain available until expended: Provided, That grants 


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1 made for pre-disaster mitigation shall be awarded on a 

2 competitive basis subject to the criteria in section 203(g) 

3 of such Act (42 U.S.C. 5133(g)), and notwithstanding sec4 tion 203(f) of such Act, shall be made without reference to 

5 State allocations, quotas, or other formula-based allocation 

6 of funds: Provided further, That total administrative costs 

7 shall not exceed 3 percent of the total appropriation. 

8 EMERGENCY FOOD AND SHELTER

9 To carry out an emergency food and shelter program 

10 under title III of the Stewart B. McKinney Homeless Assist11 ance Act (42 U.S.C. 11331 et seq.), $151,470,000, to remain 

12 available until expended: Provided, That total administra13 tive costs shall not exceed 3.5 percent of the total appropria14 tion. 

15 TITLE IV 

16 RESEARCH AND DEVELOPMENT, TRAINING, AND 

17 SERVICES 

18 UNITED STATES CITIZENSHIP AND IMMIGRATION

19 SERVICES

20 For necessary expenses for citizenship and immigra21 tion services, $134,990,000. 

22 FEDERAL LAW ENFORCEMENT TRAINING CENTER

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Law Enforce25 ment Training Center, including materials and support 


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1 costs of Federal law enforcement basic training; purchase 

2 of not to exceed 117 vehicles for police-type use and hire 

3 of passenger motor vehicles; expenses for student athletic 

4 and related activities; the conduct of and participation in 

5 firearms matches and presentation of awards; public aware6 ness and enhancement of community support of law enforce7 ment training; room and board for student interns; a flat 

8 monthly reimbursement to employees authorized to use per9 sonal mobile phones for official duties; and services as au10 thorized by section 3109 of title 5, United States Code; 

11 $207,634,000, of which up to $43,910,000 for materials and 

12 support costs of Federal law enforcement basic training 

13 shall remain available until September 30, 2008; of which 

14 $300,000 shall remain available until expended for Federal 

15 law enforcement agencies participating in training accredi16 tation, to be distributed as determined by the Federal Law 

17 Enforcement Training Center for the needs of participating 

18 agencies; and of which not to exceed $12,000 shall be for 

19 official reception and representation expenses: Provided, 

20 That the Center is authorized to obligate funds in anticipa21 tion of reimbursements from agencies receiving training 

22 sponsored by the Center, except that total obligations at the 

23 end of the fiscal year shall not exceed total budgetary re24 sources available at the end of the fiscal year. 


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1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For acquisition of necessary additional real property 

4 and facilities, construction, and ongoing maintenance, fa5 cility improvements, and related expenses of the Federal 

6 Law Enforcement Training Center, $63,246,000, to remain 

7 available until expended: Provided, That the Center is au8 thorized to accept reimbursement to this appropriation 

9 from government agencies requesting the construction of 

10 special use facilities. 

11 SCIENCE AND TECHNOLOGY

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Office of the Under 

14 Secretary for Science and Technology and for management 

15 and administration of programs and activities, as author16 ized by title III of the Homeland Security Act of 2002 (6 

17 U.S.C. 181 et seq.), $104,414,000: Provided, That of the 

18 amount provided under this heading, $60,000,000 shall not 

19 be obligated until the Committees on Appropriations of the 

20 Senate and the House of Representatives receive and ap21 prove an expenditure plan by program, project, and activ22 ity; with a detailed breakdown and justification of the man23 agement and administrative costs for each; prepared by the 

24 Secretary of Homeland Security that has been reviewed by 

25 the Government Accountability Office: Provided further, 


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1 That the expenditure plan shall include the method utilized 

2 to derive administration costs in fiscal year 2006 and fiscal 

3 year 2007: Provided further, That not to exceed $3,000 shall 

4 be for official reception and representation expenses. 

5 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

6 For necessary expenses for science and technology re7 search, including advanced research projects; development; 

8 test and evaluation; acquisition; and operations; as author9 ized by title III of the Homeland Security Act of 2002 (6 

10 U.S.C. 181 et seq.); $714,041,000, to remain available until 

11 expended: Provided, That no university participating in the 

12 University-based Centers of Excellence Program shall re13 ceive a grant for a period in excess of 3 years: Provided 

14 further, That none of the funds provided under this heading 

15 shall be made available for management and administrative 

16 costs: Provided further, That $2,000,000 under this heading 

17 shall be available for the construction of radiological labora18 tories at Pacific Northwest National Laboratory: Provided 

19 further, That funding will not be available until a Memo20 randum of Understanding between the Department of 

21 Homeland Security and the Department of Energy has been 

22 entered into. 

23 DOMESTIC NUCLEAR DETECTION OFFICE

24 MANAGEMENT AND ADMINISTRATION

25 For salaries and expenses of the Domestic Nuclear De26 tection Office and for management and administration of 


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1 programs and activities, $30,468,000: Provided, That no 

2 funds will be made available for the reimbursement of indi3 viduals from other Federal agencies or organizations in fis4 cal year 2008: Provided further, That not to exceed $3,000 

5 shall be for official reception and representation expenses. 

6 RESEARCH, DEVELOPMENT, AND OPERATIONS

7 For necessary expenses for radiological and nuclear re8 search, development, testing, evaluation and operations, 

9 $234,024,000, to remain available until expended; and of 

10 which not to exceed $65,000,000 shall be made available for 

11 transformation research and development; and of which no 

12 less than $40,000,000 shall be made available for radiation 

13 portal monitor research and development: Provided, That 

14 of the amount provided, $80,000,000 shall not be obligated 

15 until the Secretary of Homeland Security provides notifica16 tion to the Committees on Appropriations of the Senate and 

17 the House of Representatives that the Domestic Nuclear De18 tection Office has entered into a Memorandum of Under19 standing with each Federal entity and organization: Pro20 vided further, That each Memorandum of Understanding 

21 shall include a description of the role, responsibilities, and 

22 resource commitment of each Federal entity or organization 

23 for the domestic nuclear global architecture. 

24 SYSTEMS ACQUISITION

25 For expenses for the Domestic Nuclear Detection Office 

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1 tems in accordance with the global nuclear detection archi2 tecture, $178,000,000, to remain available until September 

3 30, 2009; and of which no less than $143,000,000 shall be 

4 for radiation portal monitors; and of which not to exceed 

5 $5,000,000 shall be for the Surge program: Provided, That 

6 none of the funds provided for the Sodium Iodine Manufac7 turing program shall be made available until a cost-benefit 

8 analysis on the Advance Spectroscopic Portal monitors is 

9 submitted to the Committees on Appropriations of the Sen10 ate and the House of Representatives by the Secretary of 

11 Homeland Security and reviewed by the Government Ac12 countability Office. 

13 TITLE V 

14 GENERAL PROVISIONS 

15 SEC. 501. No part of any appropriation contained in 

16 this Act shall remain available for obligation beyond the 

17 current fiscal year unless expressly so provided herein. 

18 SEC. 502. Subject to the requirements of section 503 

19 of this Act, the unexpended balances of prior appropriations 

20 provided for activities in this Act may be transferred to 

21 appropriation accounts for such activities established under 

22 this Act: Provided, That balances so transferred may be 

23 merged with funds in the applicable established accounts 

24 and thereafter may be accounted for as one fund for the 

25 same time period as originally enacted. 


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1 SEC. 503. (a) None of the funds provided by this Act, 

2 provided by previous appropriations Acts to the agencies 

3 in or transferred to the Department of Homeland Security 

4 that remain available for obligation or expenditure in fiscal 

5 year 2007, or provided from any accounts in the Treasury 

6 of the United States derived by the collection of fees avail7 able to the agencies funded by this Act, shall be available 

8 for obligation or expenditure through a reprogramming of 

9 funds that: (1) creates a new program; (2) eliminates a pro10 gram, project, or activity; (3) increases funds for any pro11 gram, project, or activity for which funds have been denied 

12 or restricted by the Congress; (4) proposes to use funds di13 rected for a specific activity by either of the Committees 

14 on Appropriations of the Senate or House of Representa15 tives for a different purpose; or (5) contracts out any func16 tion or activity for which funds have been appropriated for 

17 Federal full-time equivalent positions; unless the Commit18 tees on Appropriations of the Senate and the House of Rep19 resentatives are notified 15 days in advance of such re20 programming of funds. 

21 (b) None of the funds provided by this Act, provided 

22 by previous appropriations Acts to the agencies in or trans23 ferred to the Department of Homeland Security that remain 

24 available for obligation or expenditure in fiscal year 2007, 

25 or provided from any accounts in the Treasury of the 


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1 United States derived by the collection of fees available to 

2 the agencies funded by this Act, shall be available for obliga3 tion or expenditure for programs, projects, or activities 

4 through a reprogramming of funds in excess of $5,000,000 

5 or 10 percent, whichever is less, that: (1) augments existing 

6 programs, projects, or activities; (2) reduces by 10 percent 

7 funding for any existing program, project, or activity, or 

8 numbers of personnel by 10 percent as approved by the Con9 gress; or (3) results from any general savings from a reduc10 tion in personnel that would result in a change in existing 

11 programs, projects, or activities as approved by the Con12 gress; unless the Committees on Appropriations of the Sen13 ate and the House of Representatives are notified 15 days 

14 in advance of such reprogramming of funds. 

15 (c) Not to exceed 5 percent of any appropriation made 

16 available for the current fiscal year for the Department of 

17 Homeland Security by this Act or provided by previous ap18 propriations Acts may be transferred between such appro19 priations, but no such appropriations, except as otherwise 

20 specifically provided, shall be increased by more than 10 

21 percent by such transfers: Provided, That any transfer 

22 under this section shall be treated as a reprogramming of 

23 funds under subsection (b) of this section and shall not be 

24 available for obligation unless the Committees on ApproVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 priations of the Senate and the House of Representatives 

2 are notified 15 days in advance of such transfer. 

3 (d) Notwithstanding subsections (a), (b), and (c) of 

4 this section, no funds shall be reprogrammed within or 

5 transferred between appropriations after June 30, except in 

6 extraordinary circumstances which imminently threaten 

7 the safety of human life or the protection of property. 

8 SEC. 504. None of the funds appropriated or otherwise 

9 made available to the Department of Homeland Security 

10 may be used to make payments to the ‘‘Department of 

11 Homeland Security Working Capital Fund’’, except for the 

12 activities and amounts allowed in the President’s fiscal 

13 year 2007 budget, excluding sedan service, shuttle service, 

14 transit subsidy, mail operations, parking, and competitive 

15 sourcing: Provided, That any additional activities and 

16 amounts shall be approved by the Committees on Appro17 priations of the Senate and the House of Representatives 

18 30 days in advance of obligation. 

19 SEC. 505. Except as otherwise specifically provided by 

20 law, not to exceed 50 percent of unobligated balances re21 maining available at the end of fiscal year 2007 from ap22 propriations for salaries and expenses for fiscal year 2007 

23 in this Act shall remain available through September 30, 

24 2008, in the account and for the purposes for which the 

25 appropriations were provided: Provided, That prior to the 


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1 obligation of such funds, a request shall be submitted to the 

2 Committees on Appropriations of the Senate and the House 

3 of Representatives for approval in accordance with section 

4 503 of this Act. 

5 SEC. 506. Funds made available by this Act for intel6 ligence activities are deemed to be specifically authorized 

7 by the Congress for purposes of section 504 of the National 

8 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

9 2007 until the enactment of an Act authorizing intelligence 

10 activities for fiscal year 2007. 

11 SEC. 507. The Federal Law Enforcement Training 

12 Center shall lead the Federal law enforcement training ac13 creditation process, to include representatives from the Fed14 eral law enforcement community and non-Federal accredi15 tation experts involved in law enforcement training, to con16 tinue the implementation of measuring and assessing the 

17 quality and effectiveness of Federal law enforcement train18 ing programs, facilities, and instructors. 

19 SEC. 508. None of the funds in this Act may be used 

20 to make a grant allocation, discretionary grant award, dis21 cretionary contract award, or to issue a letter of intent to22 taling in excess of $1,000,000, or to announce publicly the 

23 intention to make such an award, unless the Secretary of 

24 Homeland Security notifies the Committees on Appropria25 tions of the Senate and the House of Representatives at least 


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1 3 full business days in advance: Provided, That no notifica2 tion shall involve funds that are not available for obliga3 tion. 

4 SEC. 509. Notwithstanding any other provision of law, 

5 no agency shall purchase, construct, or lease any additional 

6 facilities, except within or contiguous to existing locations, 

7 to be used for the purpose of conducting Federal law enforce8 ment training without the advance approval of the Commit9 tees on Appropriations of the Senate and the House of Rep10 resentatives, except that the Federal Law Enforcement 

11 Training Center is authorized to obtain the temporary use 

12 of additional facilities by lease, contract, or other agreement 

13 for training which cannot be accommodated in existing 

14 Center facilities. 

15 SEC. 510. The Director of the Federal Law Enforce16 ment Training Center shall schedule basic or advanced law 

17 enforcement training (including both types of training) at 

18 all four training facilities under the control of the Federal 

19 Law Enforcement Training Center to ensure that these 

20 training centers are operated at the highest capacity 

21 throughout the fiscal year. 

22 SEC. 511. None of the funds appropriated or otherwise 

23 made available by this Act may be used for expenses of any 

24 construction, repair, alteration, or acquisition project for 

25 which a prospectus, if required by the Public Buildings Act 


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1 of 1959 (40 U.S.C. 3301), has not been approved, except 

2 that necessary funds may be expended for each project for 

3 required expenses for the development of a proposed pro4 spectus. 

5 SEC. 512. None of the funds in this Act may be used 

6 in contravention of the applicable provisions of the Buy 

7 American Act (41 U.S.C. 10a et seq.). 

8 SEC. 513. Notwithstanding any other provision of law, 

9 the authority of the Office of Personnel Management to con10 duct personnel security and suitability background inves11 tigations, update investigations, and periodic reinvestiga12 tions of applicants for, or appointees in, positions in the 

13 Office of the Secretary and Executive Management, the Of14 fice of the Under Secretary for Management, Analysis and 

15 Operations, Immigration and Customs Enforcement, Direc16 torate for Preparedness, and the Directorate of Science and 

17 Technology of the Department of Homeland Security is 

18 transferred to the Department of Homeland Security: Pro19 vided, That on request of the Department of Homeland Se20 curity, the Office of Personnel Management shall cooperate 

21 with and assist the Department in any investigation or re22 investigation under this section: Provided further, That this 

23 section shall cease to be effective at such time as the Presi24 dent has selected a single agency to conduct security clear25 ance investigations under section 3001(c) of the Intelligence 


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1 Reform and Terrorism Prevention Act of 2004 (Public Law 

2 108–458; 50 U.S.C. 435b) and the entity selected under sec3 tion 3001(b) of such Act has reported to Congress that the 

4 agency selected under such section 3001(c) is capable of con5 ducting all necessary investigations in a timely manner or 

6 has authorized the entities within the Department of Home7 land Security covered by this section to conduct their own 

8 investigations under section 3001 of such Act. 

9 SEC. 514. (a) None of the funds provided by this or 

10 previous appropriations Acts may be obligated for deploy11 ment or implementation, on other than a test basis, of the 

12 Secure Flight program or any other follow on or successor 

13 passenger prescreening programs, until the Secretary of 

14 Homeland Security certifies, and the Government Account15 ability Office reports, to the Committees on Appropriations 

16 of the Senate and the House of Representatives, that all 10 

17 of the conditions contained in paragraphs (1) through (10) 

18 of section 522(a) of the Department of Homeland Security 

19 Appropriations Act, 2005 (Public Law 108–334; 118 Stat. 

20 1319) have been successfully met. Until the Secure Flight 

21 program or a follow on or successor passenger screening 

22 program has been deployed or implemented, the Transpor23 tation Security Administration shall provide airlines with 

24 technical or other assistance to better align their reservation 

25 and ticketing systems with terrorist databases to assist in 


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1 alleviating travel delays and other problems associated with 

2 mistaken identification. 

3 (b) The report required by subsection (a) shall be sub4 mitted within 90 days after the certification required by 

5 such subsection is provided, and periodically thereafter, if 

6 necessary, until the Government Accountability Office con7 firms that all 10 conditions have been successfully met. 

8 (c) During the testing phase permitted by subsection 

9 (a), no information gathered from passengers, foreign or do10 mestic air carriers, or reservation systems may be used to 

11 screen aviation passengers, or delay or deny boarding to 

12 such passengers, except in instances where passenger names 

13 are matched to a Government watch list. 

14 (d) None of the funds provided in this or previous ap15 propriations Acts may be utilized to develop or test algo16 rithms assigning risk to passengers whose names are not 

17 on Government watch lists. 

18 (e) None of the funds provided in this or previous ap19 propriations Acts may be utilized for data or a database 

20 that is obtained from or remains under the control of a non21 Federal entity: Provided, That this restriction shall not 

22 apply to Passenger Name Record data obtained from air 

23 carriers. 

24 SEC. 515. None of the funds made available in this 

25 Act may be used to amend the oath of allegiance required 


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1 by section 337 of the Immigration and Nationality Act (8 

2 U.S.C. 1448). 

3 SEC. 516. None of the funds appropriated by this Act 

4 may be used to process or approve a competition under Of5 fice of Management and Budget Circular A–76 for services 

6 provided as of June 1, 2004, by employees (including em7 ployees serving on a temporary or term basis) of United 

8 States Citizenship and Immigration Services of the Depart9 ment of Homeland Security who are known as of that date 

10 as Immigration Information Officers, Contact Representa11 tives, or Investigative Assistants. 

12 SEC. 517. (a) None of the funds appropriated to the 

13 United States Secret Service by this Act or by previous ap14 propriations Acts may be made available for the protection 

15 of a person, other than persons granted protection under 

16 3056(a) of title 18, United States Code, and the Secretary 

17 of the Department of Homeland Security. 

18 (b) Notwithstanding (a) of this section, the Director 

19 of the United States Secret Service may enter into a fully 

20 reimbursable agreement to perform such service for 

21 protectees not designated under 3056(a) of title 18, United 

22 States Code. 

23 SEC. 518. The Secretary of Homeland Security, in 

24 consultation with industry stakeholders, shall develop 


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1 standards and protocols for increasing the use of explosive 

2 detection equipment to screen air cargo when appropriate. 

3 SEC. 519. (a) The Secretary of Homeland Security is 

4 directed to research, develop, and procure new technologies 

5 to inspect and screen air cargo carried on passenger air6 craft at the earliest date possible. 

7 (b) Existing checked baggage explosive detection equip8 ment and screeners shall be utilized to screen air cargo car9 ried on passenger aircraft to the greatest extent practicable 

10 at each airport until technologies developed under sub11 section (a) are available. 

12 (c) The Transportation Security Administration shall 

13 report air cargo inspection statistics within 15 days of the 

14 close of each quarter of the fiscal year to the Committees 

15 on Appropriations of the Senate and the House of Rep16 resentatives, by airport and air carrier, including any rea17 sons for non-compliance with the second proviso of section 

18 513 of the Department of Homeland Security Appropria19 tions Act, 2005 (Public Law 108–334; 118 Stat. 1317), 

20 within 45 days after the end of the quarter. 

21 SEC. 520. (a) None of the funds available for obligation 

22 for the transportation worker identification credential pro23 gram shall be used to develop a personalization system that 

24 is executed without fair and open competition for both the 


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1 implementation and production of the program and identi2 fication cards. 

3 (b) The Transportation Security Administration shall 

4 certify to the Committees on Appropriations of the Senate 

5 and the House of Representatives not later than December 

6 1, 2006, that the competition required under subsection (a) 

7 has been achieved. 

8 SEC. 521. None of the funds made available in this 

9 Act may be used by any person other than the privacy offi10 cer appointed under section 222 of the Homeland Security 

11 Act of 2002 (6 U.S.C. 142) to alter, direct that changes be 

12 made to, delay, or prohibit the transmission to Congress 

13 of any report prepared under paragraph (5) of such section. 

14 SEC. 522. No funding provided by this or previous ap15 propriation Acts shall be available to pay the salary of any 

16 employee serving as a contracting officer’s technical rep17 resentative (COTR) or anyone acting in a similar or like 

18 capacity who has not received COTR training. 

19 SEC. 523. Except as provided in section 44945 of title 

20 49, United States Code, funds appropriated or transferred 

21 to Transportation Security Administration ‘‘Aviation Se22 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

23 Support’’ in fiscal years 2004, 2005, and 2006 that are re24 covered or deobligated shall be available only for procure25 ment and installation of explosive detection systems for air 


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1 cargo, baggage, and checkpoint screening systems, subject 

2 to section 503 of this Act. 

3 SEC. 524. (a) Within 60 days of enactment of this Act, 

4 the Secretary of the Department of Homeland Security shall 

5 revise DHS MD (Management Directive) 11056 to provide 

6 for the following: 

7 (1) That when a lawful request is made to pub8 licly release a document containing information des9 ignated as sensitive security information (SSI), the 

10 document shall be reviewed in a timely manner to de11 termine whether any information contained in the 

12 document meets the criteria for continued SSI protec13 tion under applicable law and regulation and shall 

14 further provide that all portions that no longer re15 quire SSI designation be released, subject to applica16 ble law, including sections 552 and 552a of title 5, 

17 United States Code. 

18 (2) That sensitive security information that is 

19 four years old shall be subject to release upon request 

20 unless— 

21 (A) the Secretary or his designee makes a 

22 written determination that identifies a rational 

23 basis why the information must remain SSI; 

24 (B) the information is covered by a current 

25 sensitive security information application guide 


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1 approved by the Secretary or his designee in 

2 writing; or 

3 (C) such information is otherwise exempt 

4 from disclosure under applicable law: 

5 Provided, That any determination made by the Secretary 

6 under clause (a)(2)(A) shall be provided to the party mak7 ing a request to release such information and to the Com8 mittees on Appropriations of the Senate and House of Rep9 resentatives as part of the annual reporting requirement 

10 pursuant to section 537 of the Department of Homeland 

11 Security Appropriations Act, 2006 (Public Law 109–90; 

12 119 Stat. 2088). 

13 (3) Common and extensive examples of the indi14 vidual categories of SSI information cited under 49 

15 CFR 1520(b)(1) through (16) in order to minimize 

16 and standardize judgment by covered persons in the 

17 application of SSI marking. 

18 (b) Not later than 120 days after the date of enactment 

19 of this Act, the Secretary of Homeland Security shall report 

20 to the Committees on Appropriations of the Senate and the 

21 House of Representatives on the progress that the Depart22 ment has made in implementing the remaining require23 ments of section 537 of the Department of Homeland Secu24 rity Appropriations Act, 2006 (Public Law 109–90; 119 

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1 dures regarding access to SSI by civil litigants and the se2 curity risks and benefits of any proposed changes to these 

3 procedures. 

4 SEC. 525. RESCISSION. From the unobligated balances 

5 from prior year appropriations made available for Trans6 portation Security Administration ‘‘Aviation Security’’ 

7 and ‘‘Headquarters Administration’’, $4,776,000 are re8 scinded. 

9 SEC. 526. The Department of Homeland Security 

10 Working Capital Fund, established under section 403 of the 

11 Government Management Reform Act of 1994 (31 U.S.C. 

12 501 note; Public Law 103–356), shall continue operations 

13 during fiscal year 2007. 

14 SEC. 527. RESCISSION. Of the unobligated balances 

15 from prior year appropriations made available for the 

16 ‘‘Counterterrorism Fund’’, $16,000,000 are rescinded. 

17 SEC. 528. RESCISSION. From the unobligated balances 

18 from prior year appropriations made available for Trans19 portation Security Administration ‘‘Aviation Security’’, 

20 $61,936,000 are rescinded. 

21 SEC. 529. None of the funds made available in this 

22 Act may be used to enforce section 4025(1) of Public Law 

23 108–458 if the Assistant Secretary (Transportation Secu24 rity Administration) determines that butane lighters are 

25 not a significant threat to civil aviation security: Provided, 


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1 That the Assistant Secretary (Transportation Security Ad2 ministration) shall notify the Committees on Appropria3 tions of the Senate and the House of Representatives 15 

4 days in advance of such determination including a report 

5 on whether the effectiveness of screening operations is en6 hanced by suspending enforcement of the prohibition. 

7 SEC. 530. RESCISSIONS. Of the unobligated balances 

8 from prior year appropriations made available for Science 

9 and Technology, $55,000,000 for ‘‘Management and Admin10 istration’’ and $184,000,000 from ‘‘Research, Development, 

11 Acquisition, and Operations’’ are rescinded: Provided, That 

12 of the total amount rescinded from ‘‘Management and Ad13 ministration’’, $30,000,000 shall be from the contingency 

14 fund and $25,000,000 shall be from the Homeland Security 

15 Institute. 

16 SEC. 531. Notwithstanding any other provision of law, 

17 the Secretary of Homeland Security shall consider the Han18 cock County Port and Harbor Commission in Mississippi 

19 eligible under the Federal Emergency Management Agency 

20 Public Assistance Program for all costs incurred for dredg21 ing from navigation channel in Little Lake, Louisiana, 

22 sediment deposited as a result of Hurricane George in 1998: 

23 Provided, That the appropriate Federal share shall apply 

24 to approval of this project. 


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1 SEC. 532. The Department of Homeland Security 

2 shall, in approving standards for State and local emergency 

3 preparedness operational plans under section 613(b)(3) of 

4 the Robert T. Stafford Disaster and Emergency Assistance 

5 Act (42 U.S.C. 5196b(b)(3)), account for the needs of indi6 viduals with household pets and service animals before, dur7 ing, and following a major disaster or emergency: Provided, 

8 That Federal agencies may provide assistance as described 

9 in section 403(a) of the Robert T. Stafford Disaster and 

10 Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry 

11 out the plans described in the previous proviso. 

12 SEC. 533. RESCISSION. From the unexpended balances 

13 of the United States Coast Guard ‘‘Acquisition, Construc14 tion, and Improvements’’ account specifically identified in 

15 the Joint Explanatory Statement (House Report 109–241) 

16 accompanying the Department of Homeland Security Act, 

17 2006 (Public Law 109–90) for the development of the Off18 shore Patrol Cutter, $20,000,000 are rescinded. 

19 SEC. 534. TRANSFER. All obligated and unobligated 

20 balances of funds, totaling not less than $98,552,000, for 

21 the Transportation Security Laboratory shall be transferred 

22 from the Science and Technology ‘‘Research, Development, 

23 Acquisition, and Operations’’ account to the Transpor24 tation Security Administration ‘‘Transportation Security 

25 Support’’ account effective October 1, 2006. 


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1 SEC. 535. (a)(1) Within 45 days after the close of each 

2 month, the Chief Financial Officer of the Department of 

3 Homeland Security shall submit to the Committees on Ap4 propriations of the Senate and the House of Representatives 

5 a monthly budget execution report that sets forth the total 

6 obligational authority appropriated (new budget authority 

7 plus unobligated carryover), undistributed obligational au8 thority, amount allotted, current year obligations, unobli9 gated authority (the difference between total obligational 

10 authority and current year obligations), beginning unex11 pended obligations, year-to-date costs, and year-end unex12 pended obligations, of the Department of Homeland Secu13 rity. 

14 (2) The information required under paragraph (1) 

15 shall be provided for each Departmental component and the 

16 Working Capital Fund at the level of detail shown in the 

17 table of detailed funding recommendations displayed at the 

18 end of the Statement of Managers accompanying the con19 ference report on this Act. 

20 (3) Each report submitted under paragraph (1) shall 

21 include for each Department of Homeland Security compo22 nent the total full-time equivalent for the prior fiscal year, 

23 the on-board total full-time equivalent on September 30 of 

24 the prior fiscal year, the estimated total full-time equivalent 

25 for the current fiscal year, and the on-board total full-time 


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1 equivalent on the last day of the month for the applicable 

2 report. 

3 (b) Obligation authority and transfer authority pro4 vided under section 503 and 504 of this Act shall not be 

5 available unless on the date of a notification under section 

6 503 and 504, the Committees on Appropriations of the Sen7 ate and House of Representatives have received the most re8 cent report required by subsection (a) of this section. 

9 SEC. 536. None of the funds provided by this or pre10 vious appropriations Acts or transferred to the Department 

11 of Homeland Security that remain available for obligation 

12 or expenditure in fiscal year 2007, or provided from any 

13 accounts in the Treasury of the United States derived by 

14 the collection of fees available to the agencies funded by this 

15 Act, shall be available for obligation or expenditure for the 

16 Office of the Federal Coordinator for Gulf Coast Rebuilding 

17 effective October 1, 2006, unless the Committees on Appro18 priations of the Senate and the House of Representatives 

19 receive a reprogramming notification for fiscal year 2006 

20 pursuant to section 503 of Public Law 109–90 and a budget 

21 request and expenditure plan for fiscal year 2007 for this 

22 office. 

23 SEC. 537. The Federal Law Enforcement Training 

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1 ernmental for the purpose of the Federal Activities Inven2 tory Reform Act of 1998 (31 U.S.C. 501 note). 

3 SEC. 538. Section 7209(b)(1) of the Intelligence Reform 

4 and Terrorism Prevention Act of 2004 (Public Law 108– 

5 458; 8 U.S.C. 1185 note) is amended by striking from ‘‘(1) 

6 DEVELOPMENT OF PLAN.—The Secretary’’ through 

7 ‘‘7208(k)).’’ and inserting the following: 

8 ‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTA9 TION.— 

10 ‘‘(A) The Secretary of Homeland Security, 

11 in consultation with the Secretary of State, shall 

12 develop and implement a plan as expeditiously 

13 as possible to require a passport or other docu14 ment, or combination of documents, deemed by 

15 the Secretary of Homeland Security to be suffi16 cient to denote identity and citizenship, for all 

17 travel into the United States by United States 

18 citizens and by categories of individuals for 

19 whom documentation requirements have pre20 viously been waived under section 212(d)(4)(B) 

21 of the Immigration and Nationality Act (8 

22 U.S.C. 1182(d)(4)(B)). This plan shall be imple23 mented not later than 3 months after the Sec24 retary of State and the Secretary of Homeland 

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1 section (B), or June 1, 2009, whichever is ear2 lier. The plan shall seek to expedite the travel of 

3 frequent travelers, including those who reside in 

4 border communities, and in doing so, shall make 

5 readily available a registered traveler program 

6 (as described in section 7208(k)). 

7 ‘‘(B) The Secretary of Homeland Security 

8 and the Secretary of State shall jointly certify to 

9 the Committees on Appropriations of the Senate 

10 and the House of Representatives that the fol11 lowing criteria have been met prior to implemen12 tation of Section 7209(b)(1)(A)— 

13 ‘‘(i) the National Institutes of Stand14 ards and Technology has certified that the 

15 card architecture meets the International 

16 Organization for Standardization ISO 

17 14443 security standards, or justifies a de18 viation from such standard; 

19 ‘‘(ii) the technology to be used by the 

20 United States for the passport card, and 

21 any subsequent change to that technology, 

22 has been shared with the governments of 

23 Canada and Mexico; 

24 ‘‘(iii) an agreement has been reached 

25 with the United States Postal Service on the 


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1 fee to be charged individuals for the pass2 port card, and a detailed justification has 

3 been submitted to the Committees on Appro4 priations of the Senate and the House of 

5 Representatives; 

6 ‘‘(iv) an alternative procedure has been 

7 developed for groups of children traveling 

8 across an international border under adult 

9 supervision with parental consent; 

10 ‘‘(v) the necessary technological infra11 structure to process the passport cards has 

12 been installed, and all employees at ports of 

13 entry have been properly trained in the use 

14 of the new technology; 

15 ‘‘(vi) the passport card has been made 

16 available for the purpose of international 

17 travel by United States citizens through 

18 land and sea ports of entry between the 

19 United States and Canada, Mexico, the 

20 Caribbean and Bermuda; and 

21 ‘‘(vii) a single implementation date for 

22 sea and land borders has been established.’’. 

23 SEC. 539. Notwithstanding any time limitation estab24 lished for a grant awarded under title I, chapter 6, Public 

25 Law 106–31, in the item relating to Federal Emergency 


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1 Management Agency—Disaster Assistance for Unmet 

2 Needs, the City of Cuero, Texas, may use funds received 

3 under such grant program until September 30, 2007. 

4 SEC. 540. None of the funds made available in this 

5 Act for United States Customs and Border Protection may 

6 be used to prevent an individual not in the business of im7 porting a prescription drug (within the meaning of section 

8 801(g) of the Federal Food, Drug, and Cosmetic Act) from 

9 importing a prescription drug from Canada that complies 

10 with the Food, Drug, and Cosmetic Act. 

11 SEC. 541. The Secretary of Homeland Security shall 

12 submit a report to the Committees on Appropriations of the 

13 Senate and the House of Representatives, not later than 

14 February 8, 2007, that— 

15 (1) identifies activities being carried out by the 

16 Department of Homeland Security to improve— 

17 (A) the targeting of agricultural inspections; 

18 (B) the ability of United States Customs 

19 and Border Protection to adjust to new agricul20 tural threats; and 

21 (C) the in-service training for interception 

22 of prohibited plant and animal products and ag23 ricultural pests under the agriculture quarantine 

24 inspection monitoring program of the Animal 

25 and Plant Health Inspection Service; and 


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1 (2) describes the manner in which the Secretary 

2 of Homeland Security will coordinate with the Sec3 retary of Agriculture and State and local governments 

4 in carrying out the activities described in paragraph 

5 (1). 

6 SEC. 542. Any limitation, directive, or earmarking 

7 contained in either the House of Representatives or Senate 

8 report accompanying H.R. 5441 shall also be included in 

9 the conference report or joint statement accompanying H.R. 

10 5441 in order to be considered as having been approved by 

11 both Houses of Congress. 

12 SEC. 543. Any reports required in this Act and accom13 panying reports to be submitted to the Committees on Ap14 propriations and the Department of Homeland Security’s 

15 annual justifications of the President’s budget request shall 

16 be posted on the Department of Homeland Security’s public 

17 website not later than 48 hours after such submission unless 

18 information in the report compromises national security. 

19 SEC. 544. Notwithstanding any other provision of this 

20 Act, $1,000,000 shall be made available from appropria21 tions for training, exercises, technical assistance, and other 

22 programs under paragraph (4) under the subheading 

23 ‘‘STATE AND LOCAL PROGRAMS’’ under the heading ‘‘OFFICE

24 FOR DOMESTIC PREPAREDNESS’’ under title III, for the 

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1 curity to ensure compliance with the Improper Payments 

2 Information Act of 2002 (31 U.S.C. 3321 note). 

3 SEC. 545. None of the amounts available or otherwise 

4 available to the Coast Guard under title II of this Act under 

5 the heading ‘‘UNITED STATES COAST GUARD’’ under the 

6 heading ‘‘OPERATING EXPENSES’’ may be obligated or ex7 pended for the continuation of operations at Long Range 

8 Aids to Navigation (LORAN) stations nationwide, except 

9 in Alaska, the far northwest, and the far northeast conti10 nental United States of America. 

11 SEC. 546. No amount appropriated by this or any 

12 other Act may be used to enforce or comply with any statu13 tory limitation on the number of employees in the Trans14 portation Security Administration, before or after its trans15 fer to the Department of Homeland Security from the De16 partment of Transportation, and no amount appropriated 

17 by this or any other Act may be used to enforce or comply 

18 with any administrative rule or regulation imposing a lim19 itation on the recruiting or hiring of personnel into the 

20 Transportation Security Administration to a maximum 

21 number of permanent positions, except to the extent that 

22 enforcement or compliance with that limitation does not 

23 prevent the Secretary of Homeland Security from recruiting 

24 and hiring such personnel into the Administration as may 

25 be necessary— 


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1 (1) to provide appropriate levels of aviation se2 curity; and 

3 (2) to accomplish that goal in such a manner 

4 that the average aviation security-related delay expe5 rienced by airline passengers is reduced to a level of 

6 10 minutes. 

7 SEC. 547. Not later than 6 months after the date of 

8 enactment of this Act, the Secretary of Homeland Security 

9 shall submit a report to the Committees on Appropriations 

10 of the Senate and the House of Representatives with an as11 sessment of short-term (defined as within 2 years after the 

12 date of enactment of this Act), intermediate-term (defined 

13 as between 2 years and 4 years after such date of enact14 ment), and long-term (defined as more than 4 years after 

15 such date of enactment) actions necessary for the Depart16 ment of Homeland Security to take in order to assist Fed17 eral, State, and local governments achieve communications 

18 interoperability, including equipment acquisition, changes 

19 in governance structure, and training. 

20 SEC. 548. (a) Section 114 of title 49, United States 

21 Code, is amended by striking subsection (o) and redesig22 nating subsections (p) through (t) as subsections (o) through 

23 (s), respectively. 

24 (b) The amendment made by subsection (a) shall take 

25 effect 180 days after the date of enactment of this Act. 


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1 SEC. 549. DATA-MINING. (a) DEFINITIONS.—In this 

2 section: 

3 (1) DATA-MINING.—The term ‘‘data-mining’’ 

4 means a query or search or other analysis of 1 or 

5 more electronic databases, whereas— 

6 (A) at least 1 of the databases was obtained 

7 from or remains under the control of a non-Fed8 eral entity, or the information was acquired ini9 tially by another department or agency of the 

10 Federal Government for purposes other than in11 telligence or law enforcement; 

12 (B) a department or agency of the Federal 

13 Government or a non-Federal entity acting on 

14 behalf of the Federal Government is conducting 

15 the query or search or other analysis to find a 

16 predictive pattern indicating terrorist or crimi17 nal activity; and 

18 (C) the search does not use a specific indi19 vidual’s personal identifiers to acquire informa20 tion concerning that individual. 

21 (2) DATABASE.—The term ‘‘database’’ does not 

22 include telephone directories, news reporting, infor23 mation publicly available via the Internet or avail24 able by any other means to any member of the public 


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1 without payment of a fee, or databases of judicial and 

2 administrative opinions. 

3 (b) REPORTS ON DATA-MINING ACTIVITIES BY THE

4 DEPARTMENT OF HOMELAND SECURITY.— 

5 (1) REQUIREMENT FOR REPORT.—The head of 

6 each department or agency in the Department of 

7 Homeland Security that is engaged in any activity to 

8 use or develop data-mining technology shall each sub9 mit a report to Congress on all such activities of the 

10 agency under the jurisdiction of that official. The re11 port shall be made available to the public. 

12 (2) CONTENT OF REPORT.—Each report sub13 mitted under paragraph (1) shall include, for each ac14 tivity to use or develop data-mining technology that 

15 is required to be covered by the report, the following 

16 information: 

17 (A) A thorough description of the data-min18 ing technology and the data that is being or will 

19 be used. 

20 (B) A thorough description of the goals and 

21 plans for the use or development of such tech22 nology and, where appropriate, the target dates 

23 for the deployment of the data-mining tech24 nology. 


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1 (C) An assessment of the efficacy or likely 

2 efficacy of the data-mining technology in pro3 viding accurate information consistent with and 

4 valuable to the stated goals and plans for the use 

5 or development of the technology. 

6 (D) An assessment of the impact or likely 

7 impact of the implementation of the data-mining 

8 technology on the privacy and civil liberties of 

9 individuals. 

10 (E) A list and analysis of the laws and reg11 ulations that govern the information being or to 

12 be collected, reviewed, gathered, analyzed, or used 

13 with the data-mining technology. 

14 (F) A thorough discussion of the policies, 

15 procedures, and guidelines that are in place or 

16 that are to be developed and applied in the use 

17 of such technology for data-mining in order to— 

18 (i) protect the privacy and due process 

19 rights of individuals; and 

20 (ii) ensure that only accurate informa21 tion is collected, reviewed, gathered, ana22 lyzed, or used. 

23 (G) Any necessary classified information in 

24 an annex that shall be available to the Com25 mittee on Homeland Security and Governmental 


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1 Affairs, the Committee on the Judiciary, and the 

2 Committee on Appropriations of the Senate and 

3 the Committee on Homeland Security, the Com4 mittee on the Judiciary, and the Committee on 

5 Appropriations of the House of Representatives. 

6 (3) TIME FOR REPORT.—Each report required 

7 under paragraph (1) shall be submitted not later than 

8 90 days after the end of fiscal year 2007. 

9 SEC. 550. (a) Not later than 6 months after the date 

10 of enactment of this Act, the Secretary of Homeland Secu11 rity shall hereafter issue interim final regulations that es12 tablish homeland security requirements, including min13 imum standards and required submission of facility secu14 rity plans to the Secretary, for chemical facilities that the 

15 Secretary determines present the greatest security risk and 

16 that are not currently regulated under Federal law for 

17 homeland security purposes. 

18 (b) Interim regulations under this section shall apply 

19 to a chemical facility until the effective date of final regula20 tions issued under other laws by the Secretary, that estab21 lish requirements and standards referred to in subsection 

22 (a) that apply with respect to that facility. 

23 (c) Any person that violates an interim regulation 

24 issued under this section shall be liable for a civil penalty 

25 under section 70117 of title 46, United States Code. 


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1 SEC. 551. Not later than 1 year after the date of enact2 ment of this Act, the Secretary of Homeland Security shall 

3 establish and conduct a pilot program at the Northern Bor4 der Air Wing bases of the Office of CBP Air and Marine, 

5 United States Customs and Border Protection, working ex6 peditiously with the Administrator of the Federal Aviation 

7 Administration to test unmanned aerial vehicles for border 

8 surveillance along the international marine and land bor9 der between Canada and the United States. 

10 SEC. 552. Not later than February 8, 2007, the Assist11 ant Secretary for Immigration and Customs Enforcement 

12 of the Department of Homeland Security shall submit a re13 port to Congress on the costs and need for establishing a 

14 sub-office in Greeley, Colorado. 

15 SEC. 553. Not later than 90 days after the date of the 

16 enactment of this Act, the Secretary of Homeland Security 

17 shall submit to the Committees on Appropriations of the 

18 Senate and the House of Representatives a report on the 

19 feasibility and advisability of locating existing Louisiana 

20 facilities and assets of the Coast Guard in the Federal City 

21 Project of New Orleans, Louisiana, as described in the re22 port of the Defense Base Closure and Realignment Commis23 sion submitted to the President in 2005 during the 2005 

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1 fense Base Closure and Realignment Act of 1990 (part A 

2 of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

3 SEC. 554. Notwithstanding any other provision of this 

4 Act, funding made available under title VII, under the 

5 heading UNITED STATES COAST GUARD ACQUISITION, CON6 STRUCTION, AND IMPROVEMENTS may be used to acquire 

7 law enforcement patrol boats. 

8 SEC. 555. SCREENING OF MUNICIPAL SOLID WASTE. 

9 (a) DEFINITIONS.—In this section: 

10 (1) BUREAU.—The term ‘‘ Bureau’’ means the 

11 Bureau of Customs and Border Protection. 

12 (2) COMMERCIAL MOTOR VEHICLE.—The term 

13 ‘‘commercial motor vehicle’’ has the meaning given 

14 the term in section 31101 of title 49, United States 

15 Code. 

16 (3) COMMISSIONER.—The term ‘‘Commissioner’’ 

17 means the Commissioner of the Bureau. 

18 (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu19 nicipal solid waste’’ includes sludge (as defined in 

20 section 1004 of the Solid Waste Disposal Act (42 

21 U.S.C. 6903)). 

22 (b) REPORTS TO CONGRESS.—Not later than 90 days 

23 after the date of enactment of this Act, the Commissioner 

24 shall submit to Congress a report that— 


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1 (1) indicates whether the methodologies and tech2 nologies used by the Bureau to screen for and detect 

3 the presence of chemical, nuclear, biological, and radi4 ological weapons in municipal solid waste are as ef5 fective as the methodologies and technologies used by 

6 the Bureau to screen for those materials in other 

7 items of commerce entering the United States through 

8 commercial motor vehicle transport; and 

9 (2) if the report indicates that the methodologies 

10 and technologies used to screen municipal solid waste 

11 are less effective than those used to screen other items 

12 of commerce, identifies the actions that the Bureau 

13 will take to achieve the same level of effectiveness in 

14 the screening of municipal solid waste, including ac15 tions necessary to meet the need for additional screen16 ing technologies. 

17 (c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If 

18 the Commissioner fails to fully implement an action identi19 fied under subsection (b)(2) before the earlier of the date 

20 that is 180 days after the date on which the report under 

21 subsection (b) is required to be submitted or the date that 

22 is 180 days after the date on which the report is submitted, 

23 the Secretary shall deny entry into the United States of any 

24 commercial motor vehicle carrying municipal solid waste 

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1 gies and technologies used by the Bureau to screen for and 

2 detect the presence of chemical, nuclear, biological, and ra3 diological weapons in municipal solid waste are as effective 

4 as the methodologies and technologies used by the Bureau 

5 to screen for those materials in other items of commerce en6 tering into the United States through commercial motor ve7 hicle transport. 

8 SEC. 556. (a) CONSTRUCTION OF BORDER TUNNEL OR

9 PASSAGE.—Chapter 27 of title 18, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘§ 554. Border tunnels and passages 

12 ‘‘(a) Any person who knowingly constructs or finances 

13 the construction of a tunnel or subterranean passage that 

14 crosses the international border between the United States 

15 and another country, other than a lawfully authorized tun16 nel or passage known to the Secretary of Homeland Secu17 rity and subject to inspection by the Bureau of Immigration 

18 and Customs Enforcement, shall be fined under this title 

19 and imprisoned for not more than 20 years. 

20 ‘‘(b) Any person who knows or recklessly disregards the 

21 construction or use of a tunnel or passage described in sub22 section (a) on land that the person owns or controls shall 

23 be fined under this title and imprisoned for not more than 

24 10 years. 


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1 ‘‘(c) Any person who uses a tunnel or passage described 

2 in subsection (a) to unlawfully smuggle an alien, goods (in 

3 violation of section 545), controlled substances, weapons of 

4 mass destruction (including biological weapons), or a mem5 ber of a terrorist organization (as defined in section 

6 2339B(g)(6)) shall be subject to a maximum term of impris7 onment that is twice the maximum term of imprisonment 

8 that would have otherwise been applicable had the unlawful 

9 activity not made use of such a tunnel or passage.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections for 

11 chapter 27 of title 18, United States Code, is amended by 

12 adding at the end the following: 

‘‘Sec. 554. Border tunnels and passages.’’. 

13 (c) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 

14 18, United States Code, is amended by inserting ‘‘554,’’ be15 fore ‘‘1425,’’. 

16 (d) DIRECTIVE TO THE UNITED STATES SENTENCING

17 COMMISSION.— 

18 (1) IN GENERAL.—Pursuant to its authority 

19 under section 994 of title 28, United States Code, and 

20 in accordance with this subsection, the United States 

21 Sentencing Commission shall promulgate or amend 

22 sentencing guidelines to provide for increased pen23 alties for persons convicted of offenses described in 

24 section 554 of title 18, United States Code, as added 

25 by subsection (a). 


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1 (2) REQUIREMENTS.—In carrying out this sub2 section, the United States Sentencing Commission 

3 shall— 

4 (A) ensure that the sentencing guidelines, 

5 policy statements, and official commentary re6 flect the serious nature of the offenses described 

7 in section 554 of title 18, United States Code, 

8 and the need for aggressive and appropriate law 

9 enforcement action to prevent such offenses; 

10 (B) provide adequate base offense levels for 

11 offenses under such section; 

12 (C) account for any aggravating or miti13 gating circumstances that might justify excep14 tions, including— 

15 (i) the use of a tunnel or passage de16 scribed in subsection (a) of such section to 

17 facilitate other felonies; and 

18 (ii) the circumstances for which the 

19 sentencing guidelines currently provide ap20 plicable sentencing enhancements; 

21 (D) ensure reasonable consistency with other 

22 relevant directives, other sentencing guidelines, 

23 and statutes; 


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1 (E) make any necessary and conforming 

2 changes to the sentencing guidelines and policy 

3 statements; and 

4 (F) ensure that the sentencing guidelines 

5 adequately meet the purposes of sentencing set 

6 forth in section 3553(a)(2) of title 18, United 

7 States Code. 

8 SEC. 557. Notwithstanding any other provision of law, 

9 the Secretary of Homeland Security shall provide personnel 

10 and equipment to improve national security by inspecting 

11 international shipments of municipal solid waste, and shall 

12 levy a fee limited to the approximate cost of such inspec13 tions. 

14 SEC. 558. (a) Not later than 6 months after the date 

15 of enactment of this Act, the Secretary of Homeland Secu16 rity, in coordination with the Secretary of State, the Fed17 eral Communications Commission, and relevant agencies in 

18 the States of Alaska, Idaho, Montana, Oregon, and Wash19 ington, shall— 

20 (1) evaluate the technical and operational chal21 lenges with respect to interoperable communications 

22 facing regional, local, State, and Federal authorities 

23 in preparing for the 2010 Olympics; and 

24 (2) develop an integrated plan for addressing 

25 such technical and operational challenges. 


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1 (b) The Secretary of Homeland Security shall submit 

2 and present the plan developed under subsection (a) to the 

3 Committee on Commerce, Science, and Transportation of 

4 the Senate and the Committee on Energy and Commerce 

5 of the House of Representatives. 

6 SEC. 559. The Secretary of Homeland Security may 

7 not take any action to alter or reduce operations within 

8 the Civil Engineering Program of the Coast Guard nation9 wide, including the civil engineering units, facilities, and 

10 design and construction centers, the Coast Guard Academy, 

11 and the Research and Development Center until the Com12 mittees on Appropriations and Commerce, Science, and 

13 Transportation of the Senate receive and approve a plan 

14 on changes to the Civil Engineering Program of the Coast 

15 Guard. The plan shall include a description of the current 

16 functions of the Civil Engineering Program and a descrip17 tion of any proposed modifications of such functions and 

18 of any proposed modification of personnel and offices, in19 cluding the rationale for such modification, an assessment 

20 of the costs and benefits of such modification, any proposed 

21 alternatives to such modification, and the processes utilized 

22 by the Coast Guard and the Office of Management and 

23 Budget to analyze and assess such modification. 


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1 SEC. 560. (a) All amounts made available under this 

2 Act for travel and transportation shall be reduced by 

3 $43,000,000. 

4 (b) All amounts made available under this Act for 

5 printing and reproduction shall be reduced by $1,000,000. 

6 SEC. 561. None of the funds made available by this 

7 Act may be used to take an action that would violate Execu8 tive Order 13149 (65 Fed. Reg. 24607; relating to greening 

9 the government through Federal fleet and transportation ef10 ficiency). 

11 SEC. 562. (a) The Transportation Security Adminis12 tration shall require each air carrier and foreign air carrier 

13 that provides air transportation or intrastate air transpor14 tation to submit plans to the Transportation Security Ad15 ministration on how such air carrier will participate in 

16 the voluntary provision of emergency services program es17 tablished by section 44944(a) of title 49, United States 

18 Code. 

19 (b)(1) Not more than 90 days after the date of the en20 actment of this Act, the Transportation Security Adminis21 tration shall prepare a report that contains the following: 

22 (A) Procedures that qualified individuals need to 

23 follow in order to participate in the program de24 scribed in subsection (a). 


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1 (B) Relevant contacts for individuals interested 

2 in participating in the program described in sub3 section (a). 

4 (2) The Transportation Security Administration shall 

5 make the report required by paragraph (1) available, by 

6 Internet web site or other appropriate method, to the fol7 lowing: 

8 (A) The Congress. 

9 (B) The emergency response agency of each 

10 State. 

11 (C) The relevant organizations representing indi12 viduals to participate in the program. 

13 SEC. 563. Not later than 90 days after the date of en14 actment of this Act, the Director of the Federal Emergency 

15 Management Agency in conjunction with the Director of the 

16 National Institutes of Standards and Technology shall sub17 mit a report to the Senate Committee on Appropriations 

18 outlining Federal earthquake response plans for high-risk 

19 earthquake regions in the United States as determined by 

20 the United States Geological Survey. 

21 SEC. 564. Not later than 6 months after the date of 

22 enactment of this Act, the Secretary of Homeland Security 

23 shall establish revised procedures for expeditiously clearing 

24 individuals whose names have been mistakenly placed on 

25 a terrorist database list or who have names identical or 


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1 similar to individuals on a terrorist database list. The Sec2 retary shall advise Congress of the procedures established. 

3 SEC. 565. Of the amount appropriated or otherwise 

4 made available by title II of this Act under the heading 

5 ‘‘UNITED STATES COAST GUARD’’, ‘‘OPERATING EX6 PENSES’’, $13,934,000 may be available for the purpose of 

7 the National Capital Region Air Defense mission of the 

8 Coast Guard. 

9 SEC. 566. (a) The Congress makes the following find10 ings: 

11 (1) Domestic methamphetamine production in 

12 both small-and large-scale laboratories is decreasing 

13 as a result of law enforcement pressure and public 

14 awareness campaigns. 

15 (2) It is now estimated that 80 percent of meth16 amphetamine consumed in the United States origi17 nates in Mexico and is smuggled into the United 

18 States. 

19 (3) The movement of methamphetamine into the 

20 United States poses new law enforcement challenges 

21 at the border, in the financial system, and in commu22 nities affected by methamphetamine. 

23 (4) Customs and Border Protection is working to 

24 stop the spread of methamphetamine by examining 


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1 the movement of the drug and its precursors at the 

2 borders and points of entry. 

3 (5) Customs and Border Protection is a vital 

4 source of information for the Drug Enforcement Ad5 ministration and other law enforcement agencies. 

6 (b) It is the sense of the Senate that Customs and Bor7 der Protection should continue to focus on methamphet8 amine in its reporting and analysis of trade flows to pre9 vent the spread of methamphetamine throughout the United 

10 States. 

11 SEC. 567. Not later than 30 days after the date of en12 actment of this Act, the Secretary of Homeland Security 

13 shall submit to the Committee on Appropriations a report 

14 addressing the compliance by the Department of Homeland 

15 Security with the recommendations set forth in the July 

16 6, 2006, Inspector General of Homeland Security report en17 titled ‘‘Progress in Developing the National Asset Data18 base’’. The report shall include the status of the 

19 prioritization of assets by the Department of Homeland Se20 curity into high-value, medium-value, and low-value asset 

21 tiers, and how such tiers will be used by the Secretary of 

22 Homeland Security in the issuance of grant funds. 

23 SEC. 568. (a) Not later than 60 days after the initi24 ation of any contract relating to the Secure Border Initia25 tive that is valued at more than $20,000,000, and upon the 


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1 conclusion of the performance of such contract, the Inspector 

2 General of the Department of Homeland Security shall re3 view each action relating to such contract to determine 

4 whether such action fully complies with applicable cost re5 quirements, performance objectives, program milestones, in6 clusion of small, minority-owned, and women-owned busi7 nesses, and time lines. 

8 (b) If a contract review under subsection (a) uncovers 

9 information regarding improper conduct or wrongdoing, 

10 the Inspector General shall, as expeditiously as practicable, 

11 submit such information to the Secretary of Homeland Se12 curity, or to another appropriate official of the Department 

13 of Homeland Security, who shall determine if the contractor 

14 should be suspended from further participation in the Se15 cure Border Initiative. 

16 (c) Upon the completion of each review under sub17 section (a), the Inspector General shall submit a report to 

18 the Secretary that contains the findings of the review, in19 cluding findings regarding— 

20 (1) cost overruns; 

21 (2) significant delays in contract execution; 

22 (3) lack of rigorous departmental contract man23 agement; 

24 (4) insufficient departmental financial oversight; 


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1 (5) contract bundling that limits the ability of 

2 small businesses to compete; or 

3 (6) other high risk business practices. 

4 (d)(1) Not later than 30 days after the receipt of each 

5 report submitted under subsection (c), the Secretary shall 

6 submit a report to the congressional committees listed in 

7 paragraph (3) that describes— 

8 (A) the findings of the report received from the 

9 Inspector General; and 

10 (B) the steps the Secretary has taken, or plans 

11 to take, to address the problems identified in the re12 port. 

13 (2) Not later than 60 days after the initiation of each 

14 contract action with a company whose headquarters is out15 side of the United States, the Secretary shall submit a re16 port regarding the Secure Border Initiative to the congres17 sional committees listed in paragraph (3). 

18 (3) The congressional committees listed in this para19 graph are— 

20 (A) the Committee on Appropriations of the Sen21 ate; 

22 (B) the Committee on Appropriations of the 

23 House of Representatives; 

24 (C) the Committee on the Judiciary of the Sen25 ate; 


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1 (D) the Committee on the Judiciary of the House 

2 of Representatives; 

3 (E) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; and 

5 (F) the Committee on Homeland Security of the 

6 House of Representatives. 

7 SEC. 569. Of the amount appropriated by title VI for 

8 Customs and Border Protection for Air and Marine Inter9 diction, Operations, Maintenance, and Procurement, such 

10 funds as are necessary may be available for the establish11 ment of the final Northern border air wing site in Michi12 gan. 

13 SEC. 570. None of the funds appropriated by this Act 

14 shall be used for the seizure of a firearm based on the exist15 ence of a declaration or state of emergency. 

16 SEC. 571. PILOT INTEGRATED SCANNING SYSTEM. (a) 

17 DESIGNATIONS.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date of the enactment of this Act, the Secretary of 

20 Homeland Security (referred to in this section as the 

21 ‘‘Secretary’’) shall designate 3 foreign seaports 

22 through which containers pass or are transshipped to 

23 the United States to pilot an integrated scanning sys24 tem that couples nonintrusive imaging equipment 

25 and radiation detection equipment, which may be 


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1 provided by the Megaports Initiative of the Depart2 ment of Energy. In making designations under this 

3 subsection, the Secretary shall consider 3 distinct 

4 ports with unique features and differing levels of 

5 trade volume. 

6 (2) COLLABORATION AND COOPERATION.—The 

7 Secretary shall collaborate with the Secretary of En8 ergy and cooperate with the private sector and host 

9 foreign government to implement the pilot program 

10 under this subsection. 

11 (b) IMPLEMENTATION.—Not later than 1 year after the 

12 date of the enactment of this Act, the Secretary shall achieve 

13 a full-scale implementation of the pilot integrated screening 

14 system, which shall— 

15 (1) scan all containers destined for the United 

16 States that transit through the terminal; 

17 (2) electronically transmit the images and infor18 mation to the container security initiative personnel 

19 in the host country and/or Customs and Border Pro20 tection personnel in the United States for evaluation 

21 and analysis; 

22 (3) resolve every radiation alarm according to 

23 established Department procedures; 


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1 (4) utilize the information collected to enhance 

2 the Automated Targeting System or other relevant 

3 programs; and 

4 (5) store the information for later retrieval and 

5 analysis. 

6 (c) REPORT.—Not later than 120 days after achieving 

7 full-scale implementation under subsection (b), the Sec8 retary, in consultation with the Secretary of Energy and 

9 the Secretary of State, shall submit a report, to the appro10 priate congressional committees, that includes— 

11 (1) an evaluation of the lessons derived from the 

12 pilot program implemented under this section; 

13 (2) an analysis of the efficacy of the Automated 

14 Targeted System or other relevant programs in uti15 lizing the images captured to examine high-risk con16 tainers; 

17 (3) an evaluation of software that is capable of 

18 automatically identifying potential anomalies in 

19 scanned containers; and 

20 (4) a plan and schedule to expand the integrated 

21 scanning system developed under this section to other 

22 container security initiative ports. 

23 (d) IMPLEMENTATION.—As soon as practicable and 

24 possible after the date of enactment of this Act, an inte25 grated scanning system shall be implemented to scan all 


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1 containers entering the United States prior to arrival in 

2 the United States. 

3 SEC. 572. EXPANSION OF THE NATIONAL INFRASTRUC4 TURE SIMULATION AND ANALYSIS CENTER. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CRITICAL INFRASTRUCTURE.—The term 

7 ‘‘critical infrastructure’’ has the meaning given the 

8 term in section 1016(e) of the USA PATRIOT Act 

9 (42 U.S.C. 5195c(e)). 

10 (2) EMERGENCY AND MAJOR DISASTER.—The 

11 terms ‘‘emergency’’ and ‘‘major disaster’’ have the 

12 meanings given the terms in section 102 of the Robert 

13 T. Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5122). 

15 (3) NATIONAL INFRASTRUCTURE SIMULATION

16 AND ANALYSIS CENTER.—The term ‘‘National Infra17 structure Simulation and Analysis Center’’ means the 

18 National Infrastructure Simulation and Analysis 

19 Center established under section 1016(d) of the USA 

20 PATRIOT Act (42 U.S.C. 5195c(d)). 

21 (4) PROTECT.—The term ‘‘protect’’ means to re22 duce the vulnerability of critical infrastructure in 

23 order to deter, mitigate, or neutralize an emergency, 

24 natural disaster, terrorist attack, or other cata25 strophic event. 


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1 (b) AUTHORITY.— 

2 (1) IN GENERAL.—The National Infrastructure 

3 Simulation and Analysis Center shall serve as a 

4 source of national competence to address critical in5 frastructure protection and continuity through sup6 port for activities related to— 

7 (A) counterterrorism, threat assessment, and 

8 risk mitigation; and 

9 (B) an emergency, natural disaster, ter10 rorist attack, or other catastrophic event. 

11 (2) INFRASTRUCTURE MODELING.— 

12 (A) PARTICULAR SUPPORT.—The support 

13 provided under paragraph (1) shall include mod14 eling, simulation, and analysis of the systems 

15 comprising critical infrastructure, in order to 

16 enhance critical infrastructure preparedness, 

17 protection, response, and recovery activities. 

18 (B) RELATIONSHIP WITH OTHER AGEN19 CIES.—Each Federal agency and department 

20 with critical infrastructure responsibilities under 

21 Homeland Security Presidential Directive 7, or 

22 any successor to such directive, shall establish a 

23 formal relationship, including an agreement re24 garding information sharing, between the ele25 ments of such agency or department and the NaVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 tional Infrastructure Simulation and Analysis 

2 Center. 

3 (C) PURPOSE.— 

4 (i) IN GENERAL.—The purpose of the 

5 relationship under subparagraph (B) shall 

6 be to permit each Federal agency and de7 partment described in subparagraph (B) to 

8 take full advantage of the capabilities of the 

9 National Infrastructure Simulation and 

10 Analysis Center consistent with its work11 load capacity and priorities (particularly 

12 vulnerability and consequence analysis) for 

13 real-time response to reported and projected 

14 emergencies, natural disasters, terrorist at15 tacks, or other catastrophic events. 

16 (ii) RECIPIENT OF CERTAIN SUP17 PORT.—Modeling, simulation, and analysis 

18 provided under this subsection shall be pro19 vided to relevant Federal agencies and de20 partments, including Federal agencies and 

21 departments with critical infrastructure re22 sponsibilities under Homeland Security 

23 Presidential Directive 7, or any successor to 

24 such directive. 


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1 SEC. 573. Notwithstanding any other provisions of 

2 law, the Secretary of Homeland Security shall consult with 

3 National Council on Radiation Protection and Measure4 ments (in this section referred to as the ‘‘NCRP’’) and other 

5 qualified organizations and government organizations in 

6 preparing guidance and recommendations for emergency 

7 responders, to assist recovery operations, and to protect the 

8 general public with respect to radiological terrorism, 

9 threats, and events. 

10 SEC. 574. The Comptroller General shall provide a re11 port to the Senate and House Committees on Appropria12 tions no later than thirty days after enactment describing 

13 the impact on public safety and on the effectiveness of 

14 screening operations resulting from the modification of the 

15 list of items prohibited from being carried aboard a pas16 senger aircraft operated by an air carrier or foreign air 

17 carrier in air transportation or intrastate air transpor18 tation set forth in section 1540 of title 49, Code of Federal 

19 Regulations, as of December 1, 2005, to be carried aboard 

20 a passenger aircraft. 

21 TITLE VI 

22 BORDER SECURITY INFRASTRUCTURE 

23 ENHANCEMENTS 

24 SEC. 601. (a) Notwithstanding any other provision of 

25 law, the Secretary of Homeland Security shall adjust fees 


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1 charged by the Department against any non-United States 

2 citizen by notice in the Federal Register no later than Janu3 ary 1, 2007, to achieve not less than $350,000,000 in addi4 tional receipts by September 30, 2007: Provided, That the 

5 Secretary may adjust only those fees authorized under the 

6 Immigration and Nationality Act and the Illegal Immigra7 tion Reform and Immigrant Responsibility Act: Provided 

8 further, That this adjustment shall be in addition to fees 

9 authorized under 8 United States Code 1356. 

10 (b) Amounts collected under subsection (a) shall be de11 posited in the accounts as provided by 8 United States Code 

12 1356: Provided, That of the total amount collected pursuant 

13 to subsection (a) the Secretary shall transfer the following 

14 amounts: 

15 (1) $25,000,000 to Customs and Border Protec16 tion ‘‘Salaries and Expenses’’ for vehicle replacement; 

17 (2) $105,000,000 to Customs and Border Protec18 tion ‘‘Air and Marine Interdiction, Operations, 

19 Maintenance, and Procurement’’ for air asset replace20 ment and air operations facilities upgrades; 

21 (3) $90,000,000 to Customs and Border Protec22 tion ‘‘Construction’’; 

23 (4) $30,000,000 to Immigration and Customs 

24 Enforcement ‘‘Salaries and Expenses’’ for vehicle re25 placement; and, 


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1 (5) $15,000,000 to Immigration and Customs 

2 Enforcement ‘‘Automation Modernization’’. 

3 (c) Of the total amount collected pursuant to subsection 

4 (a) $85,000,000 shall be made available to United States 

5 Citizenship and Immigration Services: Provided, That of 

6 the additional amount available, $47,000,000 shall be for 

7 Business Transformation and $38,000,000 shall be for 

8 Fraud Detection and National Security initiatives. 

9 (d) Amounts deposited under paragraph (b) shall re10 main available until expended for the activities and services 

11 described in paragraphs (b) and (c). 

12 TITLE VII 

13 SUPPLEMENTAL APPROPRIATIONS FOR PORT 

14 SECURITY ENHANCEMENTS 

15 The following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, to en17 hance port security for the fiscal year ending September 

18 30, 2006, and for other purposes, namely: 

19 CUSTOMS AND BORDER PROTECTION

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, $251,000,000, to remain available until expended. 


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1 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 For an additional amount for ‘‘Operating Expenses’’, 

4 $23,000,000, to remain available until expended: Provided, 

5 That funding is available to accelerate foreign port security 

6 assessments, conduct domestic port vulnerability assess7 ments, and perform unscheduled security audits of facilities 

8 regulated by chapter 701 of title 46, United States Code, 

9 commonly known as the Maritime Transportation Security 

10 Act of 2002. 

11 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

12 For an additional amount for ‘‘Acquisition, Construc13 tion, and Improvements’’ for acquisition, construction, ren14 ovation, and improvement of vessels, aircraft, and equip15 ment, $184,000,000 for the Integrated Deepwater Systems 

16 program, to remain available until expended: Provided, 

17 That funding is available to acquire maritime patrol air18 craft and parent craft patrol boats, to provide armed heli19 copter capability, and to sustain the medium endurance 

20 cutter fleet. 

21 OFFICE FOR DOMESTIC PREPAREDNESS

22 STATE AND LOCAL PROGRAMS

23 For an additional amount for ‘‘State and Local Pro24 grams’’, $190,000,000 to remain available until September 

25 30, 2007: Provided, That the entire amount shall be for port 


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1 security grants pursuant to the purposes of subsection (a) 

2 through (h) of section 70107 of title 46, United States Code, 

3 which shall be awarded based on risk notwithstanding sub4 section (a), for eligible costs as defined in paragraphs (2), 

5 (3), and (4) of subsection (b). 

6 TITLE VIII 

7 UNITED STATES EMERGENCY MANAGEMENT 

8 AUTHORITY 

9 SEC. 801. SHORT TITLE. 

10 This title may be cited as the ‘‘United States Emer11 gency Management Authority Act of 2006’’. 

12 SEC. 802. UNITED STATES EMERGENCY MANAGEMENT

13 AUTHORITY. 

14 Title V of the Homeland Security Act of 2002 (6 

15 U.S.C. 311 et seq.) is amended— 

16 (1) by striking the title heading and inserting 

17 the following: 

18 ‘‘TITLE V—NATIONAL PREPARED19 NESS AND RESPONSE’’; 

20 (2) by striking sections 501 through 503; 

21 (3) by striking sections 506 and 507; 

22 (4) by redesignating sections 504, 505, 508, and 

23 509 as sections 521, 522, 523, and 524, respectively; 


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1 (5) by redesignating section 510 (relating to pro2 curement of security countermeasures for the strategic 

3 national stockpile) as section 525; 

4 (6) by redesignating section 510 (relating to 

5 urban and other high risk area communications capa6 bilities) as section 526; and 

7 (7) by inserting before section 521, as so redesig8 nated by this section, the following: 

9 ‘‘SEC. 501. DEFINITIONS. 

10 ‘‘In this title— 

11 ‘‘(1) the term ‘all-hazards-plus’ means an ap12 proach to preparedness, response, recovery, and miti13 gation that emphasizes the development of capabilities 

14 that are common to natural and man-made disasters, 

15 while also including the development of capabilities 

16 that are uniquely relevant to specific types of disas17 ters; 

18 ‘‘(2) the term ‘Authority’ means the United 

19 States Emergency Management Authority established 

20 under section 502; 

21 ‘‘(3) the term ‘Administrator’ means the Admin22 istrator of the Authority; 

23 ‘‘(4) the term ‘Federal coordinating officer’ 

24 means a Federal coordinating officer as described in 


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1 section 302 of the Robert T. Stafford Disaster Relief 

2 and Emergency Assistance Act (42 U.S.C. 5143); 

3 ‘‘(5) the term ‘National Advisory Council’ means 

4 the National Advisory Council on Emergency Pre5 paredness and Response established under section 508; 

6 ‘‘(6) the term ‘National Incident Management 

7 System’ means the National Incident Management 

8 System as described in the National Response Plan; 

9 ‘‘(7) the term ‘National Response Plan’ means 

10 the National Response Plan prepared under Home11 land Security Presidential Directive 5 or any presi12 dential directive meant to replace or augment that di13 rective; 

14 ‘‘(8) the term ‘Nuclear Incident Response Team’ 

15 means a resource that includes— 

16 ‘‘(A) those entities of the Department of En17 ergy that perform nuclear or radiological emer18 gency support functions (including accident re19 sponse, search response, advisory, and technical 

20 operations functions), radiation exposure func21 tions at the medical assistance facility known as 

22 the Radiation Emergency Assistance Center/ 

23 Training Site (REAC/TS), radiological assist24 ance functions, and related functions; and 


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1 ‘‘(B) those entities of the Environmental 

2 Protection Agency that perform such support 

3 functions (including radiological emergency re4 sponse functions) and related functions; 

5 ‘‘(9) the term ‘Regional Advisory Council’ means 

6 a Regional Advisory Council on Preparedness and 

7 Response established under section 503; 

8 ‘‘(10) the term ‘Regional Administrator’ means a 

9 Regional Administrator for Preparedness and Re10 sponse appointed under section 507; 

11 ‘‘(11) the term ‘Regional Office’ means a Re12 gional Office established under section 507; and 

13 ‘‘(12) the term ‘surge capacity’ means the ability 

14 to rapidly and substantially increase the provision of 

15 search and rescue capabilities, food, water, medicine, 

16 shelter and housing, medical care, evacuation capac17 ity, staffing, including disaster assistance employees, 

18 and other resources necessary to save lives and protect 

19 property during a catastrophic incident, or other nat20 ural or man-made disaster. 

21 ‘‘SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AU22 THORITY. 

23 ‘‘(a) IN GENERAL.—There is established in the Depart24 ment the United States Emergency Management Authority, 

25 headed by an Administrator. 


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1 ‘‘(b) MISSION.—The mission of the Authority is to— 

2 ‘‘(1) lead the Nation’s efforts to prepare for, re3 spond to, recover from, and mitigate the risks of nat4 ural and man-made disasters, including catastrophic 

5 incidents; 

6 ‘‘(2) partner with State and local governments 

7 and emergency response providers, with other Federal 

8 agencies, with the private sector, and with nongovern9 mental organizations to build a national system of 

10 emergency management that can effectively and effi11 ciently utilize the full measure of the Nation’s re12 sources to respond to a catastrophic incident or other 

13 natural or man-made disaster; 

14 ‘‘(3) develop a Federal response capability that, 

15 when necessary and appropriate, can act effectively, 

16 rapidly, and proactively to deliver assistance essential 

17 to saving lives or protecting or preserving property or 

18 public health and safety in a natural or man-made 

19 disaster; 

20 ‘‘(4) fuse the Department’s emergency response, 

21 preparedness, recovery, mitigation, and critical infra22 structure assets into a new, integrated organization 

23 that can effectively confront the challenges of a nat24 ural or man-made disaster; 


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1 ‘‘(5) develop and maintain robust Regional Of2 fices that will work with State and local governments 

3 and emergency response providers to identify and ad4 dress regional priorities; 

5 ‘‘(6) under the leadership of the Secretary, co6 ordinate with the Commandant of the Coast Guard, 

7 the Director of Customs and Border Protection, the 

8 Director of Immigration and Customs Enforcement, 

9 the National Operations Center, and other agencies 

10 and offices in the Department to take full advantage 

11 of the substantial range of resources in the Depart12 ment that can be brought to bear in preparing for 

13 and responding to a natural or man-made disaster; 

14 ‘‘(7) carry out the provisions of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5121 et seq.); 

17 ‘‘(8) provide funding, training, exercises, tech18 nical assistance, planning, and other assistance, to 

19 build local, State, regional, and national capabilities, 

20 including communications capabilities, necessary to 

21 respond to a potential natural or man-made disaster; 

22 ‘‘(9) implement an all-hazards-plus strategy for 

23 preparedness that places priority on building those 

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1 ing the unique capabilities necessary to respond to 

2 specific types of incidents that pose the greatest risk 

3 to our Nation; and 

4 ‘‘(10) promote, plan for, and facilitate the secu5 rity and resiliency of critical infrastructure and key 

6 resources, including cyber infrastructure, against a 

7 natural or man-made disaster, and the post-disaster 

8 restoration of such critical infrastructure and key re9 sources. 

10 ‘‘(c) ADMINISTRATOR.— 

11 ‘‘(1) IN GENERAL.—The Administrator shall be 

12 appointed by the President, by and with the advice 

13 and consent of the Senate. 

14 ‘‘(2) QUALIFICATIONS.—The Administrator shall 

15 have not less than 5 years of executive leadership and 

16 management experience in the public or private sec17 tor, significant experience in crisis management or 

18 another relevant field, and a demonstrated ability to 

19 manage a substantial staff and budget. 

20 ‘‘(3) REPORTING.—The Administrator shall re21 port to the Secretary, without being required to report 

22 through any other official of the Department. 

23 ‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY PRE24 PAREDNESS AND RESPONSE.— 


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1 ‘‘(A) IN GENERAL.—The Administrator is 

2 the principal emergency preparedness and re3 sponse advisor to the President, the Homeland 

4 Security Council, and the Secretary. 

5 ‘‘(B) ADVICE AND RECOMMENDATIONS.— 

6 ‘‘(i) IN GENERAL.—In presenting ad7 vice with respect to any matter to the Presi8 dent, the Homeland Security Council, or the 

9 Secretary, the Administrator shall, as the 

10 Administrator considers appropriate, in11 form the President, the Homeland Security 

12 Council, or the Secretary, as the case may 

13 be, of the range of emergency mitigation, 

14 preparedness, response, and recovery op15 tions with respect to that matter. 

16 ‘‘(ii) ADVICE ON REQUEST.—The Ad17 ministrator, as an emergency preparedness 

18 and response advisor, shall provide advice 

19 to the President, the Homeland Security 

20 Council, or the Secretary on a particular 

21 matter when the President, the Homeland 

22 Security Council, or the Secretary requests 

23 such advice. 

24 ‘‘(iii) RECOMMENDATIONS TO CON25 GRESS.—After informing the Secretary, the 


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1 Administrator may make such recommenda2 tions to Congress relating to emergency pre3 paredness and response as the Adminis4 trator considers appropriate. 

5 ‘‘(C) RETENTION OF AUTHORITY.—Nothing 

6 in this paragraph shall be construed as affecting 

7 the authority of the Secretary under this Act. 

8 ‘‘SEC. 503. AUTHORITIES AND RESPONSIBILITIES. 

9 ‘‘(a) IN GENERAL.—The Administrator shall provide 

10 Federal leadership necessary to prepare for and respond to 

11 a natural or man-made disaster, including— 

12 ‘‘(1) carrying out the mission to reduce the loss 

13 of life and property and protect the Nation from all 

14 hazards by leading and supporting the Nation in a 

15 comprehensive, risk-based emergency preparedness 

16 and response program of— 

17 ‘‘(A) mitigation, by taking sustained ac18 tions to reduce or eliminate long-term risk to 

19 people and property from hazards and their ef20 fects; 

21 ‘‘(B) preparedness, by planning, training, 

22 and building the emergency preparedness and re23 sponse workforce to prepare effectively for, miti24 gate against, respond to, and recover from any 

25 hazard; 


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1 ‘‘(C) response, by conducting emergency op2 erations to save lives and property through posi3 tioning emergency equipment, personnel, and 

4 supplies, through evacuating potential victims, 

5 through providing food, water, shelter, and med6 ical care to those in need, and through restoring 

7 critical public services; 

8 ‘‘(D) recovery, by rebuilding communities so 

9 individuals, businesses, and governments can 

10 function on their own, return to normal life, and 

11 protect against future hazards; and 

12 ‘‘(E) critical infrastructure protection, by 

13 establishing an inventory of, and protections for, 

14 public and private sector critical infrastructure, 

15 including cyber and communications assets; 

16 ‘‘(2) increasing efficiencies, by coordinating ef17 forts relating to mitigation, preparedness, response, 

18 recovery, and infrastructure protection; 

19 ‘‘(3) helping to ensure the effectiveness of emer20 gency response providers in responding to a natural 

21 or man-made disaster; 

22 ‘‘(4) providing the Federal Government’s re23 sponse to a natural or man-made disaster, includ24 ing— 

25 ‘‘(A) managing such response; 


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1 ‘‘(B) directing the Domestic Emergency 

2 Support Team, the National Disaster Medical 

3 System, and (when operating as an organiza4 tional unit of the Department under this title) 

5 the Nuclear Incident Response Team; 

6 ‘‘(C) overseeing the Metropolitan Medical 

7 Response System; and 

8 ‘‘(D) coordinating other Federal response 

9 resources, including requiring deployment of the 

10 Strategic National Stockpile, in the event of a 

11 natural or man-made disaster; 

12 ‘‘(5) working with Federal, State, and local gov13 ernment personnel, agencies, and authorities to build 

14 a comprehensive national incident management sys15 tem to respond to a natural or man-made disaster; 

16 ‘‘(6) with respect to the Nuclear Incident Re17 sponse Team (regardless of whether it is operating as 

18 an organizational unit of the Department under this 

19 title)— 

20 ‘‘(A) establishing standards and certifying 

21 when those standards have been met; 

22 ‘‘(B) conducting joint and other exercises 

23 and training and evaluating performance; and 

24 ‘‘(C) providing funds to the Department of 

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1 cy, as appropriate, for homeland security plan2 ning, exercises and training, and equipment; 

3 ‘‘(7) helping to ensure that emergency response 

4 providers acquire interoperable and sustainable tech5 nology; 

6 ‘‘(8) assisting the President in carrying out the 

7 functions under the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 5121 et 

9 seq.); 

10 ‘‘(9) administering homeland security emergency 

11 management, first responder, and other preparedness 

12 grants; 

13 ‘‘(10) administering and implementing the Na14 tional Response Plan, including monitoring, evalu15 ating, and ensuring the readiness of each emergency 

16 support function under the National Response Plan; 

17 ‘‘(11) coordinating with the National Advisory 

18 Council; 

19 ‘‘(12) ensuring the protection of critical infra20 structure by— 

21 ‘‘(A) carrying out the responsibilities under 

22 paragraphs (2) through (6) of section 201(d); 

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1 ture, including cyber infrastructure, against a 

2 natural or man-made disaster; and 

3 ‘‘(C) planning for, assisting with, and fa4 cilitating, the restoration of key resources and 

5 critical infrastructure, including cyber infra6 structure, in the event of a natural or man-made 

7 disaster; 

8 ‘‘(13) establishing in each Regional Office a Re9 gional Advisory Council on Preparedness and Re10 sponse, to advise the Regional Administrator of that 

11 Regional Office on emergency preparedness and re12 sponse issues specific to the region; and 

13 ‘‘(14) otherwise carrying out the mission of the 

14 Authority as described in section 502(b). 

15 ‘‘(b) ADDITIONAL RESPONSIBILITIES RELATED TO

16 CATASTROPHIC INCIDENTS.— 

17 ‘‘(1) IN GENERAL.—The Administrator, in con18 sultation with the Secretary and other senior Depart19 ment officials, shall develop a national emergency 

20 management system that is capable of responding to 

21 catastrophic incidents. 

22 ‘‘(2) IDENTIFICATION OF RESOURCES.— 

23 ‘‘(A) IN GENERAL.—The Administrator 

24 shall develop and submit to Congress annually 

25 an estimate of the resources of the Authority and 


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1 other Federal agencies needed for and devoted 

2 specifically to developing local, State, and na3 tional capabilities necessary to respond to a cat4 astrophic incident. 

5 ‘‘(B) CONTENTS.—Each estimate under sub6 paragraph (A) shall include the resources both 

7 necessary for and devoted to— 

8 ‘‘(i) planning; 

9 ‘‘(ii) training and exercises; 

10 ‘‘(iii) Regional Office enhancements; 

11 ‘‘(iv) staffing, including for surge ca12 pacity during a catastrophic event; 

13 ‘‘(v) additional logistics capabilities; 

14 ‘‘(vi) other responsibilities under the 

15 Catastrophic Incident Annex of the Cata16 strophic Incident Supplement of the Na17 tional Response Plan; and 

18 ‘‘(vii) State and local catastrophic pre19 paredness. 

20 ‘‘(c) ALL-HAZARDS-PLUS APPROACH.—In carrying 

21 out this section, the Administrator shall implement an all22 hazards-plus strategy that places priority on building those 

23 common capabilities necessary to prepare for, respond to, 

24 recover from, and mitigate the risks of terrorist attacks and 

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1 ties necessary to prepare for, respond to, recover from, and 

2 mitigate the risks of specific types of incidents that pose 

3 the greatest risk to the Nation. 

4 ‘‘SEC. 504. AUTHORITY COMPONENTS. 

5 ‘‘There are transferred to the Authority the following: 

6 ‘‘(1) Except as provided in title III of the De7 partment of Homeland Security Appropriations Act, 

8 2007, regarding the transfer of the National Disaster 

9 Medical System, the Federal Emergency Management 

10 Agency, as constituted on June 1, 2006, including all 

11 of its functions, personnel, assets, components, and li12 abilities, and including the functions of the Under 

13 Secretary for Federal Emergency Management relat14 ing thereto. 

15 ‘‘(2) The Directorate of Preparedness, as con16 stituted on June 1, 2006, including all of its func17 tions, personnel assets, components, and liabilities, 

18 and including the functions of the Under Secretary 

19 for Preparedness relating to the Directorate, as con20 stituted on that date. 

21 ‘‘SEC. 505. PRESERVING THE UNITED STATES EMERGENCY 

22 MANAGEMENT AUTHORITY. 

23 ‘‘(a) DISTINCT ENTITY.—The Authority shall be main24 tained as a distinct entity within the Department. 


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1 ‘‘(b) REORGANIZATION.—Section 872 shall not apply 

2 to the Authority, including any function or organizational 

3 unit of the Authority. 

4 ‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may not sub6 stantially or significantly reduce the authorities, re7 sponsibilities, or functions of the Authority or the ca8 pability of the Authority to perform those responsibil9 ities, except as otherwise specifically provided in an 

10 Act enacted after the date of enactment of the United 

11 States Emergency Management Authority Act of 

12 2006. 

13 ‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No 

14 asset, function or mission of the Authority may be di15 verted to the principal and continuing use of any 

16 other organization, unit, or entity of the Department, 

17 except for details or assignments that do not reduce 

18 the capability of the Authority to perform its mis19 sions. 

20 ‘‘SEC. 506. DIRECTORS. 

21 ‘‘(a) IN GENERAL.—There shall be in the Authority a 

22 Director for Preparedness and a Director for Response and 

23 Recovery, each of whom shall be appointed by the President, 

24 by and with the advice and consent of the Senate, and shall 

25 report to the Administrator. 


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1 ‘‘(b) QUALIFICATIONS.— 

2 ‘‘(1) IN GENERAL.—A Director shall have— 

3 ‘‘(A) not less than 5 years of— 

4 ‘‘(i) executive leadership and manage5 ment experience in the public or private sec6 tor; and 

7 ‘‘(ii) significant experience in crisis 

8 management or another relevant field; and 

9 ‘‘(B) a demonstrated ability to manage a 

10 substantial staff and budget. 

11 ‘‘(2) CONCURRENT EXPERIENCE.—Service during 

12 any period of time may be used in meeting the re13 quirements under both clause (i) and (ii) of para14 graph (1)(A). 

15 ‘‘(c) INITIAL DIRECTORS.—The individual serving as 

16 the Under Secretary for Preparedness and the individual 

17 serving as the Under Secretary for the Federal Emergency 

18 Management Agency on the effective date of the United 

19 States Emergency Management Authority Act of 2006, may 

20 serve as the Director for Preparedness and the Director of 

21 Response and Recovery, respectively, until a Director for 

22 Preparedness or a Director of Response and Recovery, as 

23 the case may be, is appointed under subsection (a). 

24 ‘‘SEC. 507. REGIONAL OFFICES. 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) REGIONAL OFFICES.—The Administrator 

2 shall establish 10 Regional Offices of the Authority. 

3 ‘‘(2) ADDITIONAL OFFICE.—In addition to the 

4 Regional Offices established under paragraph (1), the 

5 Administrator may designate the Office for National 

6 Capital Region Coordination under section 882 as a 

7 Regional Office. 

8 ‘‘(b) MANAGEMENT OF REGIONAL OFFICES.— 

9 ‘‘(1) REGIONAL ADMINISTRATOR.—Each Re10 gional Office shall be headed by a Regional Adminis11 trator for Preparedness and Response, who shall be 

12 appointed by the Administrator. Each Regional Ad13 ministrator for Emergency Preparedness and Re14 sponse shall report directly to the Administrator. 

15 ‘‘(2) QUALIFICATIONS.—Each Regional Office 

16 shall be headed by an individual in the Senior Execu17 tive Service qualified to act as a senior Federal co18 ordinating officer to provide strategic oversight of in19 cident management when needed. 

20 ‘‘(c) RESPONSIBILITIES.— 

21 ‘‘(1) IN GENERAL.—The Regional Administrator 

22 shall work in partnership with State and local gov23 ernments, emergency managers, emergency response 

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1 cils of governments, and regional planning commis2 sions and organizations in the geographical area 

3 served by the Regional Office to carry out the respon4 sibilities of a Regional Administrator under this sec5 tion. 

6 ‘‘(2) RESPONSIBILITIES.—The responsibilities of 

7 a Regional Administrator include— 

8 ‘‘(A) ensuring effective, coordinated, and in9 tegrated regional preparedness, mitigation, re10 sponse, and recovery activities and programs for 

11 natural and man-made disasters (including 

12 planning, training, exercises, and professional 

13 development); 

14 ‘‘(B) coordinating and integrating regional 

15 preparedness, mitigation, response, and recovery 

16 activities and programs for natural and man17 made disasters (including planning, training, 

18 exercises, and professional development), which 

19 shall include— 

20 ‘‘(i) providing regional and interstate 

21 planning assistance; 

22 ‘‘(ii) organizing, in consultation with 

23 the Administrator, regional training and 

24 exercise programs; 


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1 ‘‘(iii) providing support and coordina2 tion officers for State and local government 

3 training and exercises; 

4 ‘‘(iv) participating in emergency pre5 paredness and planning activities by State, 

6 regional, and local governments; 

7 ‘‘(v) assisting in the development of re8 gional capabilities needed for a national 

9 catastrophic response system; and 

10 ‘‘(vi) helping to coordinate and develop 

11 interstate agreements; 

12 ‘‘(C) establishing and overseeing 1 or more 

13 strike teams within the region under subsection 

14 (e), which shall serve as the focal point of the 

15 Federal Government’s initial response efforts for 

16 a natural or man-made disaster within that re17 gion, and otherwise building Federal response 

18 capabilities to respond to a natural or man19 made disaster within that region; 

20 ‘‘(D) working with the private sector to as21 sess weaknesses in critical infrastructure protec22 tion in the region and to design and implement 

23 programs to address those weaknesses; 


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1 ‘‘(E) coordinating all activities conducted 

2 under this section with other Federal depart3 ments and agencies; and 

4 ‘‘(F) performing such other duties relating 

5 to such responsibilities as the Administrator 

6 may require. 

7 ‘‘(d) AREA OFFICES.—The Administrator shall estab8 lish an Area Office for the Pacific and an Area Office for 

9 the Caribbean, as components in the appropriate Regional 

10 Offices. 

11 ‘‘(e) REGIONAL OFFICE STRIKE TEAMS.— 

12 ‘‘(1) ESTABLISHMENT.—In coordination with 

13 other relevant Federal agencies, each Regional Ad14 ministrator shall establish multi-agency strike teams 

15 that shall consist of— 

16 ‘‘(A) a designated Federal coordinating offi17 cer; 

18 ‘‘(B) personnel trained in incident manage19 ment; 

20 ‘‘(C) public affairs, response and recovery, 

21 and communications support personnel; 

22 ‘‘(D) a defense coordinating officer; 

23 ‘‘(E) liaisons to other Federal agencies; 


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1 ‘‘(F) such other personnel as the Adminis2 trator or Regional Administrator determines ap3 propriate; and 

4 ‘‘(G) individuals from the agencies with 

5 primary responsibility for each of the emergency 

6 support functions in the National Response 

7 Plan, including the following: 

8 ‘‘(i) Transportation. 

9 ‘‘(ii) Communications. 

10 ‘‘(iii) Public works and engineering. 

11 ‘‘(iv) Emergency management. 

12 ‘‘(v) Mass care. 

13 ‘‘(vi) Housing and human services. 

14 ‘‘(vii) Public health and medical serv15 ices. 

16 ‘‘(viii) Urban search and rescue. 

17 ‘‘(ix) Public safety and security. 

18 ‘‘(x) External affairs. 

19 ‘‘(2) LOCATION OF MEMBERS.—The members of 

20 each Regional Office strike team, including represent21 atives from agencies other than the Department, shall 

22 be based primarily at the Regional Office that cor23 responds to that strike team. 

24 ‘‘(3) COORDINATION.—Each Regional Office 

25 strike team shall coordinate the training and exercises 


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1 of that strike team with the State and local govern2 ments and private sector and nongovernmental enti3 ties which the strike team shall support when a nat4 ural or man-made disaster occurs. 

5 ‘‘(4) PREPAREDNESS.—Each Regional Office 

6 strike team shall be trained, equipped, and staffed to 

7 be well prepared to respond to natural and man-made 

8 disasters, including catastrophic incidents. 

9 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated such sums as 

11 necessary to carry out this subsection. 

12 ‘‘SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY 

13 PREPAREDNESS AND RESPONSE. 

14 ‘‘(a) ESTABLISHMENT.—Not later than 60 days after 

15 the date of enactment of the United States Emergency Man16 agement Authority Act of 2006, the Secretary shall establish 

17 an advisory body under section 871(a), to be known as the 

18 National Advisory Council on Emergency Preparedness 

19 and Response. 

20 ‘‘(b) RESPONSIBILITIES.—The National Advisory 

21 Council shall advise the Administrator on all aspects of 

22 emergency preparedness and response. 

23 ‘‘(c) MEMBERSHIP.— 

24 ‘‘(1) IN GENERAL.—The members of the National 

25 Advisory Council shall be appointed by the AdminisVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 trator, and shall, to the extent practicable, represent 

2 a geographic (including urban and rural) and sub3 stantive cross section of State and local government 

4 officials and emergency managers, and emergency re5 sponse providers, from State and local governments, 

6 the private sector, and nongovernmental organiza7 tions, including as appropriate— 

8 ‘‘(A) members selected from the emergency 

9 preparedness and response fields, including fire 

10 service, law enforcement, hazardous materials re11 sponse, emergency medical services, and emer12 gency preparedness and response personnel; 

13 ‘‘(B) health scientists, emergency and inpa14 tient medical providers, and public health profes15 sionals; 

16 ‘‘(C) experts representing standards setting 

17 organizations; 

18 ‘‘(D) State and local government officials 

19 with expertise in terrorism preparedness and 

20 emergency preparedness and response; 

21 ‘‘(E) elected State and local government ex22 ecutives; 

23 ‘‘(F) experts in public and private sector 

24 infrastructure protection, cybersecurity, and 

25 communications; 


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1 ‘‘(G) representatives of the disabled and 

2 other special needs populations; and 

3 ‘‘(H) such other individuals as the Admin4 istrator determines to be appropriate. 

5 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM6 MITTEE ACT.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding section 

8 871(a) and subject to paragraph (2), the Federal Ad9 visory Committee Act (5 U.S.C. App.), including sub10 sections (a), (b), and (d) of section 10 of such Act, 

11 and section 552b(c) of title 5, United States Code, 

12 shall apply to the Advisory Council. 

13 ‘‘(2) TERMINATION.—Section 14(a)(2)(B) of the 

14 Federal Advisory Committee Act (5 U.S.C. App.) 

15 shall not apply to the Advisory Council. 

16 ‘‘SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM IN17 TEGRATION CENTER. 

18 ‘‘(a) IN GENERAL.—There is in the Authority a Na19 tional Incident Management System Integration Center. 

20 ‘‘(b) RESPONSIBILITIES.— 

21 ‘‘(1) IN GENERAL.—The Administrator, through 

22 the National Incident Management System Integra23 tion Center, and in consultation with other Federal 

24 departments and agencies and the National Advisory 

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1 tenance of the National Incident Management System, 

2 the National Response Plan, any other document or 

3 tool in support of Homeland Security Presidential 

4 Directive 5, or any other Homeland Security Presi5 dential Directive relating to incident management 

6 and response. 

7 ‘‘(2) SPECIFIC RESPONSIBILITIES.—The Na8 tional Incident Management System Integration Cen9 ter shall— 

10 ‘‘(A) periodically review, and revise, as ap11 propriate, the National Incident Management 

12 System and the National Response Plan; 

13 ‘‘(B) review other matters relating to the 

14 National Incident Management System and the 

15 National Response Plan, as the Administrator 

16 may require; 

17 ‘‘(C) develop and implement a national pro18 gram for National Incident Management System 

19 and National Response Plan education and 

20 awareness; 

21 ‘‘(D) oversee all aspects of the National In22 cident Management System, including the devel23 opment of compliance criteria and implementa24 tion activities at Federal, State, and local gov25 ernment levels; 


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1 ‘‘(E) provide guidance and assistance to 

2 States and local governments and emergency re3 sponse providers, in adopting the National Inci4 dent Management System; and 

5 ‘‘(F) perform such other duties relating to 

6 such responsibilities as the Administrator may 

7 require. 

8 ‘‘SEC. 510. NATIONAL OPERATIONS CENTER. 

9 ‘‘(a) DEFINITION.—In this section, the term ‘situa10 tional awareness’ means information gathered from a vari11 ety of sources that, when communicated to emergency pre12 paredness and response managers and decision makers, can 

13 form the basis for incident management decisionmaking. 

14 ‘‘(b) ESTABLISHMENT.—There is established in the De15 partment a National Operations Center. 

16 ‘‘(c) PURPOSE.—The purposes of the National Oper17 ations Center are to— 

18 ‘‘(1) coordinate the national response to any nat19 ural or man-made disaster, as determined by the Sec20 retary; 

21 ‘‘(2) provide situational awareness and a com22 mon operating picture for the entire Federal Govern23 ment, and for State and local governments as appro24 priate, for an event described in paragraph (1); 


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1 ‘‘(3) collect and analyze information to help 

2 deter, detect, and prevent terrorist acts; 

3 ‘‘(4) disseminate terrorism and disaster-related 

4 information to Federal, State, and local governments; 

5 ‘‘(5) ensure that critical terrorism and disaster6 related information reaches government decision-mak7 ers; and 

8 ‘‘(6) perform such other duties as the Secretary 

9 may require. 

10 ‘‘(d) RESPONSIBILITIES.—The National Operations 

11 Center shall carry out the responsibilities of the Homeland 

12 Security Operations Center, the National Response Coordi13 nation Center, and the Interagency Incident Management 

14 Group, as constituted on September 1, 2005. 

15 ‘‘SEC. 511. CHIEF MEDICAL OFFICER. 

16 ‘‘(a) IN GENERAL.—There is in the Authority a Chief 

17 Medical Officer, who shall be appointed by the President, 

18 by and with the advice and consent of the Senate. The Chief 

19 Medical Officer shall report directly to the Administrator. 

20 ‘‘(b) QUALIFICATIONS.—The individual appointed as 

21 Chief Medical Officer shall possess a demonstrated ability 

22 in and knowledge of medicine and public health. 

23 ‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer 

24 shall have the primary responsibility within the DepartVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 ment for medical issues related to natural and man-made 

2 disasters, including— 

3 ‘‘(1) serving as the principal advisor to the Sec4 retary and the Administrator on medical and public 

5 health issues; 

6 ‘‘(2) coordinating the biosurveillance and detec7 tion activities of the Department; 

8 ‘‘(3) ensuring internal and external coordination 

9 of all medical preparedness and response activities of 

10 the Department, including training, exercises, and 

11 equipment support; 

12 ‘‘(4) serving as the Department’s primary point 

13 of contact with the Department of Agriculture, the 

14 Department of Defense, the Department of Health and 

15 Human Services, the Department of Transportation, 

16 the Department of Veterans Affairs, and other Federal 

17 departments or agencies, on medical and public 

18 health issues; 

19 ‘‘(5) serving as the Department’s primary point 

20 of contact for State and local government, the medical 

21 community, and others within and outside the De22 partment, with respect to medical and public health 

23 matters; 


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1 ‘‘(6) discharging, in coordination with the Under 

2 Secretary for Science and Technology, the responsibil3 ities of the Department related to Project Bioshield; 

4 ‘‘(7) establishing doctrine and priorities for the 

5 National Disaster Medical System, consistent with the 

6 National Response Plan and the National Incident 

7 Management System, supervising its medical compo8 nents, and exercising predeployment operational con9 trol, including— 

10 ‘‘(A) determining composition of the teams; 

11 ‘‘(B) overseeing credentialing of the teams; 

12 and 

13 ‘‘(C) training personnel of the teams; 

14 ‘‘(8) establishing doctrine and priorities for the 

15 Metropolitan Medical Response System, consistent 

16 with the National Response Plan and the National 

17 Incident Management System; 

18 ‘‘(9) managing the Metropolitan Medical Re19 sponse System, including developing and overseeing 

20 standards, plans, training, and exercises and coordi21 nating with the Office of Grants and Training on the 

22 use and distribution of Metropolitan Medical Re23 sponse grants; 


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1 ‘‘(10) assessing and monitoring long-term health 

2 issues of emergency managers and emergency response 

3 providers; 

4 ‘‘(11) developing and updating, in consultation 

5 with the Secretary of Health and Human Services, 

6 guidelines for State and local governments for med7 ical response plans for chemical, biological, radio8 logical, nuclear, or explosive weapon attacks; 

9 ‘‘(12) developing, in consultation with the Sec10 retary of Health and Human Services, appropriate 

11 patient tracking capabilities to execute domestic pa12 tient movement and evacuations, including a system 

13 that has the capacity of electronically maintaining 

14 and transmitting the health information of hospital 

15 patients; 

16 ‘‘(13) establishing and providing oversight for 

17 the Department’s occupational health and safety pro18 gram, including workforce health; and 

19 ‘‘(14) performing such other duties relating to 

20 such responsibilities as the Secretary or the Adminis21 trator may require. 

22 ‘‘(d) LONG-TERM HEALTH ASSESSMENT PROGRAM.— 

23 The Chief Medical Officer, in consultation with the Director 

24 of the National Institute for Occupational Safety and 

25 Health, shall establish a program to assess, monitor, and 


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1 study the health and safety of emergency managers and 

2 emergency response providers, following Incidents of Na3 tional Significance declared by the Secretary under the Na4 tional Response Plan. 

5 ‘‘SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS. 

6 ‘‘The Administrator shall promote public and commu7 nity preparedness. 

8 ‘‘SEC. 513. SAVER PROGRAM. 

9 ‘‘(a) IN GENERAL.—In the Department there is a Sys10 tem Assessment and Validation for Emergency Responders 

11 Program to provide impartial evaluations of emergency re12 sponse equipment and systems. 

13 ‘‘(b) REQUIREMENTS.—The program established under 

14 subsection (a) shall— 

15 ‘‘(1) provide impartial, practitioner relevant, 

16 and operationally oriented assessments and valida17 tions of emergency response provider equipment and 

18 systems that have not already been third-party cer19 tified to a standard adopted by the Department, in20 cluding— 

21 ‘‘(A) commercial, off-the-shelf emergency re22 sponse provider equipment and systems in all 

23 equipment list categories of the Standardized 

24 Equipment List published by the Interagency 


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1 Board for Equipment Standardization and 

2 Interoperability; and 

3 ‘‘(B) such other equipment or systems as the 

4 Secretary determines are appropriate; 

5 ‘‘(2) provide information that enables decision6 makers and emergency response providers to better se7 lect, procure, use, and maintain emergency response 

8 provider equipment or systems; 

9 ‘‘(3) assess and validate the performance of prod10 ucts within a system and subsystems; and 

11 ‘‘(4) provide information and feedback to emer12 gency response providers through the Responder 

13 Knowledge Base of the National Memorial Institute 

14 for the Prevention of Terrorism, or other appropriate 

15 forum. 

16 ‘‘(c) ASSESSMENT AND VALIDATION PROCESS.—The 

17 assessment and validation of emergency response provider 

18 equipment and systems shall use multiple evaluation tech19 niques, including— 

20 ‘‘(1) operational assessments of equipment per21 formance on vehicle platforms; 

22 ‘‘(2) technical assessments on a comparative 

23 basis of system component performance across makes 

24 and models under controlled conditions; and 


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1 ‘‘(3) integrative assessments on an individual 

2 basis of system component interoperability and com3 patibility with other system components. 

4 ‘‘(d) PERSONAL PROTECTIVE EQUIPMENT.—To the ex5 tent practical, the assessment and validation of personal 

6 protective equipment under this section shall be conducted 

7 by the National Personal Protective Technology Laboratory 

8 of the National Institute for Occupational Safety and 

9 Health. 

10 ‘‘SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYS11 TEM. 

12 ‘‘(a) NATIONAL SEARCH AND RESCUE RESPONSE SYS13 TEM.—There is established in the Authority an emergency 

14 response system known as the National Search and Rescue 

15 Response System that provides a national network of stand16 ardized search and rescue resources to assist State and local 

17 governments in responding to any natural or man-made 

18 disaster. 

19 ‘‘(b) ADMINISTRATION OF THE SYSTEM.— 

20 ‘‘(1) TASK FORCE PARTICIPATION.—The Admin21 istrator shall select eligible search and rescue teams 

22 that are sponsored by State and local government en23 tities to participate as task forces in the National 

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1 trator shall determine the criteria for such participa2 tion. 

3 ‘‘(2) AGREEMENTS WITH SPONSORING AGEN4 CIES.—The Administrator shall enter into an agree5 ment with the State or local government entity that 

6 sponsors each search and rescue team selected under 

7 paragraph (1) with respect the team’s participation 

8 as a task force in the National Search and Rescue Re9 sponse System. 

10 ‘‘(3) MANAGEMENT AND TECHNICAL TEAMS.— 

11 The Administrator shall maintain such management 

12 and other technical teams as are necessary to admin13 ister the National Search and Rescue Response Sys14 tem. 

15 ‘‘SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

16 ‘‘(a) IN GENERAL.—There is in the Authority a Metro17 politan Medical Response System. Under the Metropolitan 

18 Medical Response System, the Assistant Secretary for 

19 Grants and Planning, in coordination with the Chief Med20 ical Officer, shall administer grants to develop, maintain, 

21 and enhance medical preparedness systems that are capable 

22 of responding effectively to a public health crisis or mass23 casualty event caused by a natural or man-made disaster. 


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1 ‘‘(b) USE OF FUNDS.—The Metropolitan Medical Re2 sponse System shall make grants to local governments to 

3 enhance any of the following activities: 

4 ‘‘(1) Medical surge capacity. 

5 ‘‘(2) Mass prophylaxis. 

6 ‘‘(3) Chemical, biological, radiological, nuclear, 

7 and explosive detection, response, and decontamina8 tion capabilities. 

9 ‘‘(4) Emergency communications capabilities. 

10 ‘‘(5) Information sharing and collaboration ca11 pabilities. 

12 ‘‘(6) Regional collaboration. 

13 ‘‘(7) Triage and pre-hospital treatment. 

14 ‘‘(8) Medical supply management and distribu15 tion. 

16 ‘‘(9) Fatality management. 

17 ‘‘(10) Such other activities as the Secretary may 

18 provide. 

19 ‘‘SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COM20 PACT. 

21 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

22 Administrator, may make grants for the purposes of admin23 istering and improving the Emergency Management Assist24 ance Compact consented to by the Joint Resolution entitled 

25 ‘Joint Resolution granting the consent of Congress to the 


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1 Emergency Management Assistance Compact’ (Public Law 

2 104–321; 110 Stat. 3877). 

3 ‘‘(b) USES.—A grant under this section shall be used 

4 to— 

5 ‘‘(1) carry out recommendations identified in 

6 after-action reports for the 2004 and 2005 hurricane 

7 season issued under the Emergency Management As8 sistance Compact; 

9 ‘‘(2) coordinate with the Department and other 

10 Federal Government agencies; 

11 ‘‘(3) coordinate with State and local government 

12 entities and their respective national associations; 

13 ‘‘(4) assist State and local governments with 

14 credentialing emergency response providers and the 

15 typing of emergency response resources; or 

16 ‘‘(5) administer the operations of the Emergency 

17 Management Assistance Compact. 

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated to the Secretary to carry out 

20 this section $4,000,000 for each of fiscal years 2007 through 

21 2010. Amounts appropriated under this section shall re22 main available for 3 fiscal years after the date on which 

23 such funds are appropriated. 


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1 ‘‘SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM. 

2 ‘‘(a) ESTABLISHMENT.—There is established in the De3 partment an Office for the Prevention of Terrorism, which 

4 shall be headed by a Director. 

5 ‘‘(b) DIRECTOR.— 

6 ‘‘(1) REPORTING.—The Director of the Office for 

7 the Prevention of Terrorism shall report directly to 

8 the Secretary. 

9 ‘‘(2) QUALIFICATIONS.—The Director of the Of10 fice for the Prevention of Terrorism shall have an ap11 propriate background with experience in law enforce12 ment, intelligence, or other anti-terrorist functions. 

13 ‘‘(c) ASSIGNMENT OF PERSONNEL.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall assign to 

15 the Office for the Prevention of Terrorism permanent 

16 staff and other appropriate personnel detailed from 

17 other components of the Department to carry out the 

18 responsibilities under this section. 

19 ‘‘(2) LIAISONS.—The Secretary shall designate 

20 senior employees from each component of the Depart21 ment that has significant antiterrorism responsibil22 ities to act a liaison between that component and the 

23 Office for the Prevention of Terrorism. 

24 ‘‘(d) RESPONSIBILITIES.—The Director of the Office 

25 for the Prevention of Terrorism shall— 


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1 ‘‘(1) coordinate policy and operations between 

2 the Department and State and local government 

3 agencies relating to preventing acts of terrorism with4 in the United States; 

5 ‘‘(2) serve as a liaison between State and local 

6 law enforcement agencies and the Department; 

7 ‘‘(3) in coordination with the Office of Intel8 ligence, develop better methods for the sharing of intel9 ligence with State and local law enforcement agencies; 

10 ‘‘(4) work with the Assistant Secretary of the Of11 fice of Grants and Training to ensure that homeland 

12 security grants to State and local agencies, including 

13 the Law Enforcement Terrorism Prevention Program, 

14 Commercial Equipment Direct Assistance Program, 

15 grants for fusion centers, and other law enforcement 

16 programs are adequately focused on terrorism preven17 tion activities; and 

18 ‘‘(5) coordinate with the Authority, the Depart19 ment of Justice, the National Institute of Justice, law 

20 enforcement organizations, and other appropriate en21 tities to develop national voluntary consensus stand22 ards for training and personal protective equipment 

23 to be used in a tactical environment by law enforce24 ment officers. 

25 ‘‘(e) PILOT PROJECT.— 


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1 ‘‘(1) IN GENERAL.—The Director of the Office for 

2 the Prevention of Terrorism, in coordination with the 

3 Director for Response, shall establish a pilot project 

4 to determine the efficacy and feasibility of estab5 lishing law enforcement deployment teams. 

6 ‘‘(2) FUNCTION.—The law enforcement deploy7 ment teams participating in the pilot program under 

8 this subsection shall form the basis of a national net9 work of standardized law enforcement resources to as10 sist State and local governments in responding to a 

11 natural or man-made disaster. 

12 ‘‘(f) CONSTRUCTION.—Nothing in this section may be 

13 construed to affect the roles or responsibilities of the Depart14 ment of Justice. 

15 ‘‘SEC. 518. DEPARTMENT OFFICIALS. 

16 ‘‘(a) CYBERSECURITY AND TELECOMMUNICATIONS.— 

17 There is in the Department an Assistant Secretary for 

18 Cybersecurity and Telecommunications. 

19 ‘‘(b) UNITED STATES FIRE ADMINISTRATION.—The 

20 Administrator of the United States Fire Administration 

21 shall have a rank equivalent to an assistant secretary of 

22 the Department. 

23 ‘‘SEC. 519. CREDENTIALING. 

24 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘credential’ means to provide docu2 mentation that can authenticate and verify the quali3 fications and identity of managers of incidents, emer4 gency response providers, and other appropriate per5 sonnel including by ensuring that such personnel pos6 sess a minimum common level of training, experience, 

7 physical and medical fitness, and capability appro8 priate for their position; 

9 ‘‘(2) the term ‘credentialing’ means evaluating 

10 an individual’s qualifications for a specific position 

11 under guidelines created in this section and assigning 

12 such individual a qualification under the standards 

13 developed in this section; and 

14 ‘‘(3) the term ‘credentialed’ means an individual 

15 has been evaluated for a specific position under the 

16 guidelines created under this section. 

17 ‘‘(b) REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—The Administrator shall 

19 enter into a memorandum of understanding to col20 laborate with the Emergency Management Assistance 

21 Compact and other organizations to establish, in con22 sultation with the Authority, nationwide standards 

23 for credentialing all personnel who are likely to re24 spond to an emergency or major disaster. 


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1 ‘‘(2) CONTENTS.—The standards developed under 

2 paragraph (1) shall— 

3 ‘‘(A) include the minimum professional 

4 qualifications, certifications, training, and edu5 cation requirements for specific emergency re6 sponse functional positions that are applicable to 

7 Federal, State and local government; 

8 ‘‘(B) be compatible with the National Inci9 dent Management System; and 

10 ‘‘(C) be consistent with standards for ad11 vance registration for health professions volun12 teers under section 319I of the Public Health 

13 Services Act (42 U.S.C. 247d-7b). 

14 ‘‘(3) TIMEFRAME.—The standards developed 

15 under paragraph (1) shall be completed not later than 

16 6 months after the date of enactment of the United 

17 States Emergency Management Authority Act of 

18 2006. 

19 ‘‘(c) CREDENTIALING OF DEPARTMENT PERSONNEL.— 

20 Not later than 1 year after the date of enactment of this 

21 Act, the Secretary and the Administrator shall ensure that 

22 all personnel of the Department (including temporary per23 sonnel) who are likely to respond to an emergency or major 

24 disaster are credentialed. 


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1 ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE

2 PLAN.— 

3 ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later 

4 than 6 months after the date of enactment of this Act, 

5 the Administrator of the Authority shall provide the 

6 standards developed under subsection (b) to all Fed7 eral agencies that have responsibilities under the Na8 tional Response Plan. 

9 ‘‘(2) CREDENTIALING OF AGENCIES.—Not later 

10 than 180 days after the date on which the standards 

11 are provided under paragraph (1), each agency de12 scribed in paragraph (1) shall— 

13 ‘‘(A) ensure that all employees or volunteers 

14 of that agency who are likely to respond to an 

15 emergency or major disaster are credentialed; 

16 and 

17 ‘‘(B) submit to the Secretary the name of 

18 each credentialed employee or volunteer of such 

19 agency. 

20 ‘‘(3) LEADERSHIP.—The Administrator shall 

21 provide leadership, guidance, and technical assistance 

22 to an agency described in paragraph (1) to facilitate 

23 the credentialing process of that agency. 

24 ‘‘(e) DOCUMENTATION AND DATABASE SYSTEM.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Administrator 

3 of the Authority shall establish and maintain a docu4 mentation and database system of Federal emergency 

5 response providers and all other Federal personnel 

6 credentialed to respond to an emergency or major dis7 aster. 

8 ‘‘(2) ACCESSIBILITY.—The documentation and 

9 database system established under paragraph (1) shall 

10 be accessible to the Federal coordinating officer and 

11 other appropriate officials preparing for or respond12 ing to an emergency or major disaster. 

13 ‘‘(3) CONSIDERATIONS.—The Administrator shall 

14 consider whether the credentialing system can be used 

15 to regulate access to areas affected by a major dis16 aster. 

17 ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN18 MENTS.—Not later than 6 months after the date of enact19 ment of this Act, the Administrator shall— 

20 ‘‘(1) in collaboration with the Emergency Man21 agement Assistance Compact provide detailed written 

22 guidance, assistance, and expertise to State and local 

23 governments to facilitate the credentialing of State 

24 and local emergency response providers and typing of 


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1 assets commonly or likely to be used in responding to 

2 an emergency or major disaster; and 

3 ‘‘(2) in coordination with the Emergency Man4 agement Assistance Compact and appropriate na5 tional professional organizations, assist State and 

6 local governments with credentialing the personnel 

7 and typing the resources of the State or local govern8 ment under the guidance provided under paragraph 

9 (1). 

10 ‘‘(g) REPORT.—Not later than 6 months after the date 

11 of enactment of this Act and annually thereafter, the Direc12 tor of the Authority shall submit to the Committee on 

13 Homeland Security and Governmental Affairs of the Senate 

14 and the Committee on Homeland Security of the House of 

15 Representatives a report describing the implementation of 

16 this section, including the number and level of qualification 

17 of Federal personnel trained and ready to respond to an 

18 emergency or major disaster. 

19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 

22 ‘‘SEC. 520. TYPING OF RESOURCES AND ASSETS. 

23 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘typed’ means an asset or resource 

2 has been evaluated for a specific function under the 

3 guidelines created under this section; and 

4 ‘‘(2) the term ‘typing’ means to define in detail 

5 the minimum capabilities of an asset or resource. 

6 ‘‘(b) REQUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—The Administrator shall 

8 enter into a memorandum of understanding to col9 laborate with the Emergency Management Assistance 

10 Compact and other organizations to establish, in con11 sultation with the Authority, nationwide standards 

12 for typing of resources and assets commonly or likely 

13 to be used in responding to an emergency or major 

14 disaster. 

15 ‘‘(2) CONTENTS.—The standards developed under 

16 paragraph (1) shall— 

17 ‘‘(A) be applicable to Federal, State and 

18 local government; and 

19 ‘‘(B) be compatible with the National Inci20 dent Management System. 

21 ‘‘(c) TYPING OF DEPARTMENT RESOURCES.—Not later 

22 than 1 year after the date of enactment of this Act, the Sec23 retary shall ensure that all resources and assets of the De24 partment that are likely to be used to respond to an emer25 gency or major disaster are typed. 


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1 ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE

2 PLAN.— 

3 ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later 

4 than 6 months after the date of enactment of this Act, 

5 the Administrator of the Authority shall provide the 

6 standards developed under subsection (b) to all Fed7 eral agencies that have responsibilities under the Na8 tional Response Plan. 

9 ‘‘(2) TYPING OF AGENCIES, ASSETS, AND RE10 SOURCES.—Not later than 180 days after the date on 

11 which the standards are provided under paragraph 

12 (1), each agency described in paragraph (1) shall— 

13 ‘‘(A) ensure that all resources and assets 

14 (including teams, equipment, and other assets) of 

15 that agency that are likely to be used to respond 

16 to an emergency or major disaster are typed; 

17 and 

18 ‘‘(B) submit to the Secretary a list of all 

19 typed resources and assets 

20 ‘‘(3) LEADERSHIP.—The Administrator shall 

21 provide leadership, guidance, and technical assistance 

22 to an agency described in paragraph (1) to facilitate 

23 the typing process of that agency. 

24 ‘‘(e) DOCUMENTATION AND DATABASE SYSTEM.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Administrator 

3 shall establish and maintain a documentation and 

4 database system of Federal resources and assets likely 

5 to be used to respond to an emergency or major dis6 aster. 

7 ‘‘(2) ACCESSIBILITY.—The documentation and 

8 database system established under paragraph (1) shall 

9 be accessible to the Federal coordinating officer and 

10 other appropriate officials preparing for or respond11 ing to an emergency or major disaster. 

12 ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN13 MENTS.—Not later than 6 months after the date of enact14 ment of this Act, the Administrator of the Authority, in 

15 collaboration with the Emergency Management Assistance 

16 Compact, shall— 

17 ‘‘(1) provide detailed written guidance, assist18 ance, and expertise to State and local governments to 

19 facilitate the typing of the resources and assets of 

20 State and local governments likely to be used in re21 sponding to an emergency or major disaster; and 

22 ‘‘(2) assist State and local governments with 

23 typing the resources and assets of the State or local 

24 governments under the guidance provided under 

25 paragraph (1). 


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1 ‘‘(g) GRANTS.—The Secretary may make grants to the 

2 party states of the Emergency Management Assistance 

3 Compact to develop and maintain a database of typed re4 sources and assets of State and local governments. 

5 ‘‘(h) REPORT.—Not later than 6 months after the date 

6 of enactment of this Act and annually thereafter, the Ad7 ministrator shall submit to the Committee on Homeland 

8 Security and Governmental Affairs of the Senate and the 

9 Committee on Homeland Security of the House of Rep10 resentatives a report describing the implementation of this 

11 section, including the number and type of Federal resources 

12 and assets ready to respond to an emergency or major dis13 aster.’’. 

14 SEC. 803. CONFORMING AMENDMENTS. (a) EXECUTIVE

15 SCHEDULE.— 

16 (1) ADMINISTRATOR.—Section 5313 of title 5, 

17 United States Code, is amended by adding at the end 

18 the following: 

19 ‘‘Administrator of the United States Emergency 

20 Management Authority.’’. 

21 (2) DIRECTORS.—Section 5314 of title 5, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘Directors, United States Emergency Manage25 ment Authority.’’. 


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1 (3) FEMA OFFICERS.— 

2 (A) FEDERAL INSURANCE ADMINIS3 TRATOR.—Section 5315 of title 5, United States 

4 Code, is amended by striking ‘‘Federal Insurance 

5 Administrator, Federal Emergency Management 

6 Agency.’’ and inserting ‘‘Federal Insurance Ad7 ministrator, United States Emergency Manage8 ment Agency.’’. 

9 (B) INSPECTOR GENERAL.—Section 5315 of 

10 title 5, United States Code, is amended by strik11 ing ‘‘Inspector General, Federal Emergency 

12 Management Agency.’’ and inserting ‘‘Inspector 

13 General, United States Emergency Management 

14 Agency.’’. 

15 (C) CHIEF INFORMATION OFFICER.—Section 

16 5315 of title 5, United States Code, is amended 

17 by striking ‘‘Chief Information Officer, Federal 

18 Emergency Management Agency.’’ and inserting 

19 ‘‘Chief Information Officer, United States Emer20 gency Management Agency.’’. 

21 (b) OFFICERS OF THE DEPARTMENT.—Section 103(a) 

22 of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) 

23 is amended— 

24 (1) by striking paragraph (5) and inserting the 

25 following: 


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1 ‘‘(5) An Administrator of the United States 

2 Emergency Management Authority.’’; 

3 (2) by striking paragraph (2); and 

4 (3) by redesignating paragraphs (3) through (10) 

5 (as amended by this subsection) as paragraphs (2) 

6 through (9), respectively. 

7 (c) REFERENCES.—Any reference to the Federal Emer8 gency Management Agency, or the Director thereof, in any 

9 law, rule, regulation, certificate, directive, instruction, or 

10 other official paper in force on the effective date of this title 

11 shall be considered to refer and apply to the United States 

12 Emergency Management Authority and the Administrator 

13 thereof, respectively. 

14 (d) TABLE OF CONTENTS.—The table of contents in 

15 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

16 101 et seq.) is amended by striking the items relating to 

17 title V and sections 501 through 509 and inserting the fol18 lowing: 

‘‘TITLE V—NATIONAL PREPAREDNESS AND RESPONSE 

‘‘Sec. 501. Definitions. 

‘‘Sec. 502. United States Emergency Management Authority. 

‘‘Sec. 503. Authorities and responsibilities. 

‘‘Sec. 504. Authority components. 

‘‘Sec. 505. Preserving the United States Emergency Management Authority. 

‘‘Sec. 506. Directors. 

‘‘Sec. 507. Regional Offices. 

‘‘Sec. 508. National Advisory Council on Emergency Preparedness and Response. 

‘‘Sec. 509. National Incident Management System Integration Center. 

‘‘Sec. 510. National Operations Center. 

‘‘Sec. 511. Chief Medical Officer. 

‘‘Sec. 512. Public and community preparedness. 

‘‘Sec. 513. SAVER Program. 


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‘‘Sec. 514. National Search and Rescue Response System. 

‘‘Sec. 515. Metropolitan Medical Response System. 

‘‘Sec. 516. Emergency Management Assistance Compact. 

‘‘Sec. 517. Office for the Prevention of Terrorism. 

‘‘Sec. 518. Department officials. 

‘‘Sec. 519. Credentialing. 

‘‘Sec. 520. Typing of resources and assets. 

‘‘Sec. 521. Nuclear incident response. 

‘‘Sec. 522. Conduct of certain public health-related activities. 

‘‘Sec. 523. Use of national private sector networks in emergency response. 

‘‘Sec. 524. Use of commercially available technology, goods, and services. 

‘‘Sec. 525. Procurement of security countermeasures for strategic national 

stockpile. 

‘‘Sec. 526. Urban and other high risk area communications capabilities.’’. 

1 SEC. 804. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums as 

3 are necessary to carry out this title and the amendments 

4 made by this title. 

5 SEC. 805. EFFECTIVE DATE. 

6 This title, and the amendments made by this title, 

7 shall take effect on January 1, 2007. 

8 TITLE IX 

9 BORDER LAW ENFORCEMENT RELIEF ACT 

10 SEC. 901. SHORT TITLE. 

11 This title may be cited as the ‘‘Border Law Enforce12 ment Relief Act of 2006’’. 

13 SEC. 902. FINDINGS. 

14 Congress finds the following: 

15 (1) It is the obligation of the Federal Govern16 ment of the United States to adequately secure the 

17 Nation’s borders and prevent the flow of undocu18 mented persons and illegal drugs into the United 

19 States. 


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1 (2) Despite the fact that the United States Bor2 der Patrol apprehends over 1,000,000 people each 

3 year trying to illegally enter the United States, ac4 cording to the Congressional Research Service, the net 

5 growth in the number of unauthorized aliens has in6 creased by approximately 500,000 each year. The 

7 Southwest border accounts for approximately 94 per8 cent of all migrant apprehensions each year. Cur9 rently, there are an estimated 11,000,000 unauthor10 ized aliens in the United States. 

11 (3) The border region is also a major corridor 

12 for the shipment of drugs. According to the El Paso 

13 Intelligence Center, 65 percent of the narcotics that 

14 are sold in the markets of the United States enter the 

15 country through the Southwest Border. 

16 (4) Border communities continue to incur sig17 nificant costs due to the lack of adequate border secu18 rity. A 2001 study by the United States-Mexico Bor19 der Counties Coalition found that law enforcement 

20 and criminal justice expenses associated with illegal 

21 immigration exceed $89,000,000 annually for the 

22 Southwest border counties. 

23 (5) In August 2005, the States of New Mexico 

24 and Arizona declared states of emergency in order to 

25 provide local law enforcement immediate assistance 


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1 in addressing criminal activity along the Southwest 

2 border. 

3 (6) While the Federal Government provides 

4 States and localities assistance in covering costs re5 lated to the detention of certain criminal aliens and 

6 the prosecution of Federal drug cases, local law en7 forcement along the border are provided no assistance 

8 in covering such expenses and must use their limited 

9 resources to combat drug trafficking, human smug10 gling, kidnappings, the destruction of private prop11 erty, and other border-related crimes. 

12 (7) The United States shares 5,525 miles of bor13 der with Canada and 1,989 miles with Mexico. Many 

14 of the local law enforcement agencies located along the 

15 border are small, rural departments charged with pa16 trolling large areas of land. Counties along the South17 west United States-Mexico border are some of the 

18 poorest in the country and lack the financial re19 sources to cover the additional costs associated with 

20 illegal immigration, drug trafficking, and other bor21 der-related crimes. 

22 (8) Federal assistance is required to help local 

23 law enforcement operating along the border address 

24 the unique challenges that arise as a result of their 


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1 proximity to an international border and the lack of 

2 overall border security in the region. 

3 SEC. 903. BORDER RELIEF GRANT PROGRAM. (a) 

4 GRANTS AUTHORIZED.— 

5 (1) IN GENERAL.—The Secretary is authorized to 

6 award grants, subject to the availability of appro7 priations, to an eligible law enforcement agency to 

8 provide assistance to such agency to address— 

9 (A) criminal activity that occurs in the ju10 risdiction of such agency by virtue of such agen11 cy’s proximity to the United States border; and 

12 (B) the impact of any lack of security along 

13 the United States border. 

14 (2) DURATION.—Grants may be awarded under 

15 this subsection during fiscal years 2007 through 2011. 

16 (3) COMPETITIVE BASIS.—The Secretary shall 

17 award grants under this subsection on a competitive 

18 basis, except that the Secretary shall give priority to 

19 applications from any eligible law enforcement agen20 cy serving a community— 

21 (A) with a population of less than 50,000; 

22 and 

23 (B) located no more than 100 miles from a 

24 United States border with— 

25 (i) Canada; or 


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1 (ii) Mexico. 

2 (b) USE OF FUNDS.—Grants awarded pursuant to 

3 subsection (a) may only be used to provide additional re4 sources for an eligible law enforcement agency to address 

5 criminal activity occurring along any such border, includ6 ing— 

7 (1) to obtain equipment; 

8 (2) to hire additional personnel; 

9 (3) to upgrade and maintain law enforcement 

10 technology; 

11 (4) to cover operational costs, including overtime 

12 and transportation costs; and 

13 (5) such other resources as are available to assist 

14 that agency. 

15 (c) APPLICATION.— 

16 (1) IN GENERAL.—Each eligible law enforcement 

17 agency seeking a grant under this section shall submit 

18 an application to the Secretary at such time, in such 

19 manner, and accompanied by such information as the 

20 Secretary may reasonably require. 

21 (2) CONTENTS.—Each application submitted 

22 pursuant to paragraph (1) shall— 

23 (A) describe the activities for which assist24 ance under this section is sought; and 


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1 (B) provide such additional assurances as 

2 the Secretary determines to be essential to ensure 

3 compliance with the requirements of this section. 

4 (d) DEFINITIONS.—For the purposes of this section: 

5 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.—The 

6 term ‘‘eligible law enforcement agency’’ means a trib7 al, State, or local law enforcement agency— 

8 (A) located in a county no more than 100 

9 miles from a United States border with— 

10 (i) Canada; or 

11 (ii) Mexico; or 

12 (B) located in a county more than 100 

13 miles from any such border, but where such 

14 county has been certified by the Secretary as a 

15 High Impact Area. 

16 (2) HIGH IMPACT AREA.—The term ‘‘High Im17 pact Area’’ means any county designated by the Sec18 retary as such, taking into consideration— 

19 (A) whether local law enforcement agencies 

20 in that county have the resources to protect the 

21 lives, property, safety, or welfare of the residents 

22 of that county; 

23 (B) the relationship between any lack of se24 curity along the United States border and the 


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1 rise, if any, of criminal activity in that county; 

2 and 

3 (C) any other unique challenges that local 

4 law enforcement face due to a lack of security 

5 along the United States border. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Department of Homeland Secu8 rity. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—There are authorized to be ap11 propriated $50,000,000 for each of fiscal years 2007 

12 through 2011 to carry out the provisions of this sec13 tion. 

14 (2) DIVISION OF AUTHORIZED FUNDS.—Of the 

15 amounts authorized under paragraph (1)— 

(A) 2 16 ⁄3 shall be set aside for eligible law en17 forcement agencies located in the 6 States with 

18 the largest number of undocumented alien appre19 hensions; and 

(B) 1 20 ⁄3 shall be set aside for areas des21 ignated as a High Impact Area under subsection 

22 (d). 

23 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro24 priated for grants under this section shall be used to suppleVerDate Aug 31 2005 01:55 Jul 18, 2006 Jkt 049200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 E:\BILLS\H5441.PP H5441

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1 ment and not supplant other State and local public funds 

2 obligated for the purposes provided under this title. 

3 SEC. 904. ENFORCEMENT OF FEDERAL IMMIGRATION

4 LAW. 

5 Nothing in this title shall be construed to authorize 

6 State or local law enforcement agencies or their officers to 

7 exercise Federal immigration law enforcement authority. 

8 This Act may be cited as the ‘‘Department of Home9 land Security Appropriations Act, 2007’’. 

Passed the House of Representatives June 6, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate July 13, 2006. 

Attest: EMILY J. REYNOLDS, 

Secretary. 


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