In the Senate of the United States,

July 13, 2006.

Resolved, That the bill from the House of Representatives (H.R. 5441) entitled ‘‘An Act making appropriations for

the Department of Homeland Security for the fiscal year ending September 30, 2007, and for other purposes.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of Homeland Security for the fiscal year end4 ing September 30, 2007, and for other purposes, namely:
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1 TITLE I

2 DEPARTMENTAL MANAGEMENT AND

3 OPERATIONS

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary

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

8 Homeland Security Act of 2002 (6 U.S.C. 112), and execu9 tive management of the Department of Homeland Security,

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

11 exceed $40,000 shall be for official reception and representa12 tion expenses.

13 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

14 For necessary expenses of the Office of the Under Sec15 retary for Management, as authorized by sections 701

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

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

18 to exceed $3,000 shall be for official reception and represen19 tation expenses: Provided further, That of the total amount

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

21 solely for the alteration and improvement of facilities, ten22 ant improvements, and relocation costs to consolidate De23 partment headquarters operations.
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Finan3 cial Officer, as authorized by section 103 of the Homeland

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

5 OFFICE OF THE CHIEF INFORMATION OFFICER

6 For necessary expenses of the Office of the Chief Infor7 mation Officer, as authorized by section 103 of the Home8 land Security Act of 2002 (6 U.S.C. 113), and Department9 wide technology investments, $306,765,000; of which

10 $79,521,000 shall be available for salaries and expenses;

11 and of which $227,244,000 shall be available for develop12 ment and acquisition of information technology equipment,

13 software, services, and related activities for the Department

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

15 narrowband communications, including the cost for oper16 ation of the land mobile radio legacy systems, to remain

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

18 appropriated shall be used to support or supplement the

19 appropriations provided for the United States Visitor and

20 Immigrant Status Indicator Technology project or the

21 Automated Commercial Environment: Provided further,

22 That the Chief Information Officer shall submit to the Com23 mittees on Appropriations of the Senate and the House of

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

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

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

3 Department of Homeland Security through reimbursable

4 agreements: Provided further, That such expenditure plan

5 shall include each specific project funded, key milestones,

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

7 lifecycle costs, and projected cost savings or cost avoidance

8 to be achieved by the project.

9 ANALYSIS AND OPERATIONS

10 For necessary expenses for information analysis and

11 operations coordination activities, as authorized by title II

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

13 $298,663,000, to remain available until September 30,

14 2008, of which not to exceed $5,000 shall be for official re15 ception and representation expenses.

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector Gen18 eral in carrying out the provisions of the Inspector General

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

20 exceed $100,000 may be used for certain confidential oper21 ational expenses, including the payment of informants, to

22 be expended at the direction of the Inspector General: Pro23 vided further, That the Department of Homeland Security

24 Inspector General shall investigate whether, and to what ex25 tent, in adjusting and settling claims resulting from Hurri-
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1 cane Katrina, insurers making flood insurance coverage

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

3 section 1345 of the National Flood Insurance Act of 1968

4 (42 U.S.C. 4081) and subpart C of part 62 of title 44, Code

5 of Federal Regulations, improperly attributed damages

6 from such hurricane to flooding covered under the insurance

7 coverage provided under the national flood insurance pro8 gram rather than to windstorms covered under coverage

9 provided by such insurers or by windstorm insurance pools

10 in which such insurers participated: Provided further, That

11 the Department of Homeland Security Inspector General

12 may request the assistance of the Attorney General and the

13 Department of Justice in conducting such investigation and

14 may reimburse the costs of the Attorney General and the

15 Department of Justice in providing such assistance from

16 such funds: Provided further, That the Department of

17 Homeland Security Inspector General shall submit a report

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

19 conclusions of such investigation.

20 TITLE II

21 SECURITY, ENFORCEMENT, AND INVESTIGATIONS

22 UNITED STATES VISITOR AND IMMIGRANT STATUS

23 INDICATOR TECHNOLOGY

24 For necessary expenses for the development of the

25 United States Visitor and Immigrant Status Indicator
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1 Technology project, as authorized by section 110 of the Ille2 gal Immigration Reform and Immigration Responsibility

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

4 available until expended: Provided, That of the total

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

6 may not be obligated for the United States Visitor and Im7 migrant Status Indicator Technology project until the Com8 mittees on Appropriations of the Senate and the House of

9 Representatives receive and approve a plan for expenditure

10 prepared by the Secretary of Homeland Security that—

11 (1) meets the capital planning and investment

12 control review requirements established by the Office

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

14 part 7;

15 (2) complies with the Department of Homeland

16 Security information systems enterprise architecture;

17 (3) complies with the acquisition rules, require18 ments, guidelines, and systems acquisition manage19 ment practices of the Federal Government;

20 (4) includes a certification by the Chief Informa21 tion Officer of the Department of Homeland Security

22 that an independent verification and validation agent

23 is currently under contract for the project;

24 (5) is reviewed and approved by the Department

25 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 CUSTOMS AND BORDER PROTECTION

6 SALARIES AND EXPENSES

7 For necessary expenses for enforcement of laws relating

8 to border security, immigration, customs, and agricultural

9 inspections and regulatory activities related to plant and

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

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

12 with individuals for personal services abroad;

13 $5,329,874,000, of which $44,000,000 shall be used to hire

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

15 shall be derived from the Harbor Maintenance Trust Fund

16 for administrative expenses related to the collection of the

17 Harbor Maintenance Fee under section 9505(c)(3) of the In18 ternal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and

19 notwithstanding section 1511(e)(1) of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed

21 $45,000 shall be for official reception and representation

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

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

24 available in the Customs User Fee Account, except sums

25 subject to section 13031(f)(3) of the Consolidated Omnibus
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1 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),

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

3 $150,000 shall be available for payment for rental space

4 in connection with preclearance operations; of which not

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

6 to informants, to be accounted for solely under the certifi7 cate of the Secretary of Homeland Security: Provided, That

8 for fiscal year 2007, the overtime limitation prescribed in

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

10 267(c)(1)) shall be $35,000; and notwithstanding any other

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

12 Act may be available to compensate any employee of United

13 States Customs and Border Protection for overtime, from

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

15 except in individual cases determined by the Secretary of

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

17 necessary for national security purposes, to prevent exces18 sive costs, or in cases of immigration emergencies.

19 AUTOMATION MODERNIZATION

20 For expenses for customs and border protection auto21 mated systems, $461,207,000, to remain available until ex22 pended, of which not less than $318,490,000 shall be for

23 the development of the Automated Commercial Environ24 ment: Provided, That none of the funds made available

25 under this heading may be obligated for the Automated

26 Commercial Environment until the Committees on Appro-
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1 priations of the Senate and the House of Representatives

2 receive and approve a plan for expenditure prepared by the

3 Secretary of Homeland Security that—

4 (1) meets the capital planning and investment

5 control review requirements established by the Office

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

7 part 7;

8 (2) complies with the Department of Homeland

9 Security information systems enterprise architecture;

10 (3) complies with the acquisition rules, require11 ments, guidelines, and systems acquisition manage12 ment practices of the Federal Government;

13 (4) includes a certification by the Chief Informa14 tion Officer of the Department of Homeland Security

15 that an independent verification and validation agent

16 is currently under contract for the project;

17 (5) is reviewed and approved by the Department

18 of Homeland Security Investment Review Board, the

19 Secretary of Homeland Security, and the Office of

20 Management and Budget; and

21 (6) is reviewed by the Government Account22 ability Office.

23 TECHNOLOGY MODERNIZATION

24 For expenses for customs and border protection tech25 nology systems, $131,559,000, to remain available until ex26 pended: Provided, That of the funds made available under
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1 this heading, $100,000,000 may not be obligated until the

2 Committees on Appropriations of the Senate and the House

3 of Representatives receive and approve a plan for expendi4 ture prepared by the Secretary of Homeland Security

5 that—

6 (1) meets the capital planning and investment

7 control review requirements established by the Office

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

9 part 7;

10 (2) complies with the Department of Homeland

11 Security information systems enterprise architecture;

12 (3) complies with the acquisition rules, require13 ments, guidelines, and systems acquisition manage14 ment practices of the Federal Government;

15 (4) includes a certification by the Chief Informa16 tion Officer of the Department of Homeland Security

17 that an independent verification and validation agent

18 is currently under contract for the project;

19 (5) is reviewed and approved by the Department

20 of Homeland Security Investment Review Board, the

21 Secretary of Homeland Security, and the Office of

22 Management and Budget; and

23 (6) is reviewed by the Government Account24 ability Office.
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1 AIR AND MARINE INTERDICTION, OPERATIONS,

2 MAINTENANCE, AND PROCUREMENT

3 (INCLUDING RESCISSION OF FUNDS)

4 For necessary expenses for the operations, mainte5 nance, and procurement of marine vessels, aircraft, un6 manned aerial vehicles, and other related equipment of the

7 air and marine program, including operational training

8 and mission-related travel, and rental payments for facili9 ties occupied by the air or marine interdiction and demand

10 reduction programs, the operations of which include the fol11 lowing: the interdiction of narcotics and other goods; the

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

13 in the enforcement or administration of laws enforced by

14 the Department of Homeland Security; and at the discre15 tion of the Secretary of Homeland Security, the provision

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

17 law enforcement and emergency humanitarian efforts,

18 $472,499,000, to remain available until expended: Pro19 vided, That no aircraft or other related equipment, with

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

21 been identified as excess to United States Customs and Bor22 der Protection requirements and aircraft that have been

23 damaged beyond repair, shall be transferred to any other

24 Federal agency, department, or office outside of the Depart25 ment of Homeland Security during fiscal year 2007 without
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1 the prior approval of the Committees on Appropriations of

2 the Senate and the House of Representatives.

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 2068) for a covert manned surveillance aircraft,

7 $14,000,000 are rescinded.

8 CONSTRUCTION

9 For necessary expenses to plan, construct, renovate,

10 equip, and maintain buildings and facilities necessary for

11 the administration and enforcement of the laws relating to

12 customs and immigration, $288,084,000, to remain avail13 able until expended.

14 IMMIGRATION AND CUSTOMS ENFORCEMENT

15 SALARIES AND EXPENSES

16 For necessary expenses for enforcement of immigration

17 and customs laws, detention and removals, and investiga18 tions; and purchase and lease of up to 2,740 (2,000 for re19 placement only) police-type vehicles; $3,740,357,000, of

20 which not to exceed $7,500,000 shall be available until ex21 pended for conducting special operations under section 3131

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

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

24 and representation expenses; of which not to exceed

25 $1,000,000 shall be for awards of compensation to inform26 ants, to be accounted for solely under the certificate of the
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1 Secretary of Homeland Security; of which not less than

2 $102,000 shall be for promotion of public awareness of the

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

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

5 may be used to facilitate agreements consistent with section

6 287(g) of the Immigration and Nationality Act (8 U.S.C.

7 1357(g)); and of which not to exceed $11,216,000 shall be

8 available to fund or reimburse other Federal agencies for

9 the costs associated with the care, maintenance, and repa10 triation of smuggled illegal aliens: Provided, That none of

11 the funds made available under this heading shall be avail12 able to compensate any employee for overtime in an annual

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

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

15 waive that amount as necessary for national security pur16 poses and in cases of immigration emergencies: Provided

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

18 appropriations Act may be used to fund any activity other

19 than those activities funded in fiscal year 2005 to facilitate

20 agreements consistent with section 287(g) of the Immigra21 tion and Nationality Act (8 U.S.C. 1357(g)): Provided fur22 ther, That of the total amount provided, $15,770,000 shall

23 be for activities to enforce laws against forced child labor

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

25 remain available until expended: Provided further, That an
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1 additional $58,000,000 shall be available under this head2 ing and authorized for 1,700 additional detention beds

3 spaces and the necessary operational and mission support

4 positions, information technology, relocation costs, and

5 training for those beds and the amount made available

6 under the heading ‘‘DISASTER RELIEF’’ in this Act is re7 duced by $58,000,000.

8 FEDERAL PROTECTIVE SERVICE

9 The revenues and collections of security fees credited

10 to this account, not to exceed $516,011,000, shall be avail11 able until expended for necessary expenses related to the

12 protection of federally-owned and leased buildings and for

13 the operations of the Federal Protective Service.

14 AUTOMATION MODERNIZATION

15 For expenses of immigration and customs enforcement

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

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

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

19 Committees on Appropriations of the Senate and the House

20 of Representatives receive and approve a plan for expendi21 ture prepared by the Secretary of Homeland Security

22 that—

23 (1) meets the capital planning and investment

24 control review requirements established by the Office

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

26 part 7;
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1 (2) complies with the Department of Homeland

2 Security information systems enterprise architecture;

3 (3) complies with the acquisition rules, require4 ments, guidelines, and systems acquisition manage5 ment practices of the Federal Government;

6 (4) includes a certification by the Chief Informa7 tion Officer of the Department of Homeland Security

8 that an independent verification and validation agent

9 is currently under contract for the project;

10 (5) is reviewed and approved by the Department

11 of Homeland Security Investment Review Board, the

12 Secretary of Homeland Security, and the Office of

13 Management and Budget; and

14 (6) is reviewed by the Government Account15 ability Office.

16 CONSTRUCTION

17 For necessary expenses to plan, construct, renovate,

18 equip, and maintain buildings and facilities necessary for

19 the administration and enforcement of the laws relating to

20 customs and immigration, $101,281,000, to remain avail21 able until expended.

22 TRANSPORTATION SECURITY ADMINISTRATION

23 AVIATION SECURITY

24 For necessary expenses of the Transportation Security

25 Administration related to providing civil aviation security

26 services under the Aviation and Transportation Security
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1 Act (49 U.S.C. 40101 note; Public Law 107–71; 115 Stat.

2 597), $4,751,580,000, to remain available until September

3 30, 2008, of which not to exceed $10,000 shall be for official

4 reception and representation expenses: Provided, That of the

5 total amount made available under this heading, not to ex6 ceed $3,790,132,000 shall be for screening operations, of

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

8 of checked baggage explosive detection systems and

9 $171,500,000 shall be available only for installation of

10 checked baggage explosive detection systems; and not to ex11 ceed $961,448,000 shall be for aviation security direction

12 and enforcement presence: Provided further, That the

13 Transportation Security Administration shall provide pas14 senger and baggage screeners and related resources at the

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

16 commercial air service is provided at that airport: Provided

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

18 $25,000,000 shall not be obligated until after the Secretary

19 of Homeland Security submits to the Committees on Appro20 priations of the Senate and the House of Representatives

21 a detailed report in response to findings in the Department

22 of Homeland Security Office of Inspector General report

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

24 That security service fees authorized under section 44940

25 of title 49, United States Code, shall be credited to this ap-
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1 propriation as offsetting collections and shall be available

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

3 herein appropriated from the General Fund shall be reduced

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

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

6 fiscal year appropriation from the General Fund estimated

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

8 any security service fees collected in excess of the amount

9 made available under this heading shall become available

10 during fiscal year 2008: Provided further, That notwith11 standing section 44923 of title 49, United States Code, the

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

13 under any letter of intent shall be 75 percent for any me14 dium or large hub airport and not more than 90 percent

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

16 44923(h) of title 49 United States Code, or from appropria17 tions authorized under section 44923(i)(1) of title 49,

18 United States Code, may be distributed in any manner de19 termined necessary to ensure aviation security and to fulfill

20 the Government’s planned cost share under existing letters

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

22 States House of Representatives and United States Senate,

23 including the leadership; and the heads of Federal agencies

24 and commissions, including the Secretary, Under Secre25 taries, and Assistant Secretaries of the Department of
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1 Homeland Security; the United States Attorney General

2 and Assistant Attorneys General and the United States at3 torneys; and senior members of the Executive Office of the

4 President, including the Director of the Office of Manage5 ment and Budget; shall not be exempt from Federal pas6 senger and baggage screening: Provided further, That begin7 ning in fiscal year 2007 and thereafter, reimbursement for

8 security services and related equipment and supplies pro9 vided in support of general aviation access to the Ronald

10 Reagan Washington National Airport shall be credited to

11 this appropriation and shall be available until expended

12 solely for these purposes.

13 SURFACE TRANSPORTATION SECURITY

14 For necessary expenses of the Transportation Security

15 Administration related to providing surface transportation

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

17 September 30, 2008.

18 TRANSPORTATION THREAT ASSESSMENT AND

19 CREDENTIALING

20 For necessary expenses for the development and imple21 mentation of screening programs of the Office of Transpor22 tation Threat Assessment and Credentialing, $29,700,000,

23 to remain available until September 30, 2008.

24 TRANSPORTATION SECURITY SUPPORT

25 For necessary expenses of the Transportation Security

26 Administration related to providing transportation secu-
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1 rity support and intelligence under the Aviation and

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

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

4 available until September 30, 2008.

5 FEDERAL AIR MARSHALS

6 For necessary expenses of the Federal Air Marshals,

7 $699,294,000.

8 UNITED STATES COAST GUARD

9 OPERATING EXPENSES

10 For necessary expenses for the operation and mainte11 nance of the United States Coast Guard not otherwise pro12 vided for; purchase or lease of not to exceed 25 passenger

13 motor vehicles, which shall be for replacement only; pay14 ments under section 156 of Public Law 97–377 (42 U.S.C.

15 402 note; 96 Stat. 1920); and recreation and welfare;

16 $5,534,349,000, of which $340,000,000 shall be for defense17 related activities; of which $24,255,000 shall be derived

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

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

20 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed

21 $10,000 shall be for official reception and representation

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

23 by this or any other Act shall be available for administra24 tive expenses in connection with shipping commissioners in

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

26 made available by this Act shall be for expenses incurred
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1 for yacht documentation under section 12109 of title 46,

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

3 from yacht owners and credited to this appropriation.

4 ENVIRONMENTAL COMPLIANCE AND RESTORATION

5 For necessary expenses to carry out the environmental

6 compliance and restoration functions of the United States

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

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

9 RESERVE TRAINING

10 For necessary expenses of the Coast Guard Reserve, as

11 authorized by law; operations and maintenance of the re12 serve program; personnel and training costs; and equipment

13 and services; $123,948,000.

14 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

15 (INCLUDING RESCISSIONS OF FUNDS)

16 For necessary expenses of acquisition, construction,

17 renovation, and improvement of aids to navigation, shore

18 facilities, vessels, and aircraft, including equipment related

19 thereto; and maintenance, rehabilitation, lease and oper20 ation of facilities and equipment, as authorized by law;

21 $1,145,329,000, of which $19,800,000 shall be derived from

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

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

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

25 until September 30, 2011, to acquire, repair, renovate, or

26 improve vessels, small boats, and related equipment; of
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HR 5441 EAS

1 which $14,000,000 shall be available until September 30,

2 2011, to increase aviation capability; of which $92,268,000

3 shall be available until September 30, 2009, for other equip4 ment; of which $20,680,000 shall be available until Sep5 tember 30, 2009, for shore facilities and aids to navigation

6 facilities; and of which $993,631,000 shall be available until

7 September 30, 2011, for the Integrated Deepwater Systems

8 program: Provided, That the Commandant of the Coast

9 Guard is authorized to dispose of surplus real property, by

10 sale or lease, and the proceeds shall be credited to this ap11 propriation as offsetting collections and shall be available

12 until September 30, 2009: Provided further, That the Sec13 retary of Homeland Security shall submit to the Commit14 tees on Appropriations of the Senate and the House of Rep15 resentatives, in conjunction with the President’s fiscal year

16 2008 budget, a review of the Revised Deepwater Implemen17 tation Plan that identifies any changes to the plan for the

18 fiscal year; an annual performance comparison of Deep19 water assets to pre-Deepwater legacy assets; a status report

20 of legacy assets; a detailed explanation of how the costs of

21 legacy assets are being accounted for within the Deepwater

22 program; an explanation of why many assets that are ele23 ments of the Integrated Deepwater System are not ac24 counted for within the Deepwater appropriation under this

25 heading; a description of the competitive process conducted
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HR 5441 EAS

1 in all contracts and subcontracts exceeding $5,000,000

2 within the Deepwater program; a description of how the

3 Coast Guard is planning for the human resource needs of

4 Deepwater assets; and the earned value management system

5 gold card data for each Deepwater asset: Provided further,

6 That the Secretary shall submit to the Committees on Ap7 propriations of the Senate and the House of Representatives

8 a comprehensive review of the Revised Deepwater Imple9 mentation Plan every 5 years, beginning in fiscal year

10 2011, that includes a complete projection of the acquisition

11 costs and schedule for the duration of the plan through fiscal

12 year 2027: Provided further, That the Secretary shall annu13 ally submit to the Committees on Appropriations of the

14 Senate and the House of Representatives, at the time that

15 the President’s budget is submitted under section 1105(a)

16 of title 31, United States Code, a future-years capital in17 vestment plan for the Coast Guard that identifies for each

18 capital budget line item—

19 (1) the proposed appropriation included in that

20 budget;

21 (2) the total estimated cost of completion;

22 (3) projected funding levels for each fiscal year

23 for the next five fiscal years or until project comple24 tion, whichever is earlier;
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1 (4) an estimated completion date at the projected

2 funding levels; and

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

4 completion or estimated completion date from pre5 vious future-years capital investment plans submitted

6 to the Committees on Appropriations of the Senate

7 and the House of Representatives:

8 Provided further, That the Secretary shall ensure that

9 amounts specified in the future-years capital investment

10 plan are consistent to the maximum extent practicable with

11 proposed appropriations necessary to support the programs,

12 projects, and activities of the Coast Guard in the President’s

13 budget as submitted under section 1105(a) of title 31,

14 United States Code, for that fiscal year: Provided further,

15 That any inconsistencies between the capital investment

16 plan and proposed appropriations shall be identified and

17 justified.

18 In addition, of the funds appropriated under this

19 heading in title II of the Department of Homeland Security

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

21 2087), $79,200,000 are rescinded from the unexpended bal22 ances specifically identified in the Joint Explanatory

23 Statement (House Report 109–241) accompanying that Act

24 for the Fast Response Cutter, the service life extension pro25 gram of the current 110-foot Island Class patrol boat fleet,
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HR 5441 EAS

1 and accelerated design and production of the Fast Response

2 Cutter.

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), $1,933,000 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 covert surveillance aircraft.

10 In addition, of the funds appropriated under this

11 heading in title II of the Department of Homeland Security

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

13 2087), $1,835,000 are rescinded from the unexpended bal14 ances specifically identified in the Joint Explanatory

15 Statement (House Report 109–241) accompanying that Act

16 for the automatic identification system.

17 ALTERATION OF BRIDGES

18 For necessary expenses for alteration or removal of ob19 structive bridges, as authorized by section 6 of the Truman20 Hobbs Act (33 U.S.C. 516), $15,000,000, to remain avail21 able until expended.

22 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

23 For necessary expenses for applied scientific research,

24 development, test, and evaluation; and for maintenance, re25 habilitation, lease, and operation of facilities and equip26 ment; as authorized by law; $17,573,000, to remain avail-
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HR 5441 EAS

1 able until expended, of which $495,000 shall be derived from

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

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

4 U.S.C. 2712(a)(5)): Provided, That there may be credited

5 to and used for the purposes of this appropriation funds

6 received from State and local governments, other public au7 thorities, private sources, and foreign countries for expenses

8 incurred for research, development, testing, and evaluation.

9 RETIRED PAY

10 For retired pay, including the payment of obligations

11 otherwise chargeable to lapsed appropriations for this pur12 pose, payments under the Retired Serviceman’s Family

13 Protection and Survivor Benefits Plans, payment for career

14 status bonuses, concurrent receipts and combat-related spe15 cial compensation under the National Defense Authoriza16 tion Act, and payments for medical care of retired per17 sonnel and their dependents under chapter 55 of title 10,

18 United States Code, $1,063,323,000.

19 UNITED STATES SECRET SERVICE

20 PROTECTION, ADMINISTRATION, AND TRAINING

21 For necessary expenses of the United States Secret

22 Service, including purchase of not to exceed 755 vehicles

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

24 only, and hire of passenger motor vehicles; purchase of mo25 torcycles made in the United States; hire of aircraft; serv26 ices of expert witnesses at such rates as may be determined
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HR 5441 EAS

1 by the Director of the Secret Service; rental of buildings

2 in the District of Columbia, and fencing, lighting, guard

3 booths, and other facilities on private or other property not

4 in Government ownership or control, as may be necessary

5 to perform protective functions; payment of per diem or

6 subsistence allowances to employees where a protective as7 signment during the actual day or days of the visit of a

8 protectee requires an employee to work 16 hours per day

9 or to remain overnight at a post of duty; conduct of and

10 participation in firearms matches; presentation of awards;

11 travel of Secret Service employees on protective missions

12 without regard to the limitations on such expenditures in

13 this or any other Act if approval is obtained in advance

14 from the Committees on Appropriations of the Senate and

15 the House of Representatives; research and development;

16 grants to conduct behavioral research in support of protec17 tive research and operations; and payment in advance for

18 commercial accommodations as may be necessary to per19 form protective functions; $918,028,000, of which not to ex20 ceed $25,000 shall be for official reception and representa21 tion expenses: Provided, That up to $18,000,000 provided

22 for protective travel shall remain available until September

23 30, 2008: Provided further, That the United States Secret

24 Service is authorized to obligate funds in anticipation of

25 reimbursements from Federal agencies and entities, as de-
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HR 5441 EAS

1 fined in section 105 of title 5, United States Code, receiving

2 training sponsored by the James J. Rowley Training Cen3 ter, except that total obligations at the end of the fiscal year

4 shall not exceed total budgetary resources available under

5 this heading at the end of the fiscal year.

6 INVESTIGATIONS AND FIELD OPERATIONS

7 For necessary expenses for investigations and field op8 erations of the United States Secret Service, not otherwise

9 provided for, including costs related to office space and serv10 ices of expert witnesses at such rate as may be determined

11 by the Director of the Secret Service, $304,205,000; of which

12 not to exceed $100,000 shall be to provide technical assist13 ance and equipment to foreign law enforcement organiza14 tions in counterfeit investigations; of which $2,366,000 shall

15 be for forensic and related support of investigations of miss16 ing and exploited children; and of which $6,000,000 shall

17 be a grant for activities related to the investigations of miss18 ing and exploited children and shall remain available until

19 expended.

20 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

21 RELATED EXPENSES

22 For necessary expenses for acquisition, construction,

23 repair, alteration, and improvement of facilities,

24 $3,725,000, to remain available until expended.
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HR 5441 EAS

1 TITLE III

2 PREPAREDNESS AND RECOVERY

3 PREPAREDNESS

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the Office of the Under

6 Secretary for Preparedness, the Office of the Chief Medical

7 Officer, and the Office of National Capital Region Coordi8 nation, $30,572,000, of which no less than $2,741,000 may

9 be used for the Office of National Capital Region Coordina10 tion, and of which $6,459,000 shall be for the National Pre11 paredness Integration Program: Provided, That none of the

12 funds made available under this heading may be obligated

13 for the National Preparedness Integration Program until

14 the 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: Provided further, That not to exceed $7,000 shall be

18 for official reception and representation expenses: Provided

19 further, That none of the funds made available in this title

20 under the heading ‘‘Management and Administration’’ may

21 be used for travel by an officer or employee of the Depart22 ment of Homeland Security until the Under Secretary for

23 Preparedness has implemented the recommendations in the

24 report by the Inspector General of the Department of Home25 land Security titled ‘‘Progress in Developing the National
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HR 5441 EAS

1 Asset Database’’, dated June 2006; or until the Under Sec2 retary for Preparedness submits a report to the Committee

3 on Homeland Security and Governmental Affairs and the

4 Committee on Appropriations of the Senate and the Com5 mittee on Homeland Security and the Committee on Appro6 priations of the House of Representatives explaining why

7 such recommendations have not been fully implemented.

8 OFFICE FOR DOMESTIC PREPAREDNESS

9 STATE AND LOCAL PROGRAMS

10 For grants, contracts, cooperative agreements, and

11 other activities, including grants to State and local govern12 ments for terrorism prevention activities, notwithstanding

13 any other provision of law, $2,400,000,000, which shall be

14 allocated as follows:

15 (1) $500,000,000 for formula-based grants and

16 $350,000,000 for law enforcement terrorism preven17 tion grants under section 1014 of the USA PATRIOT

18 ACT (42 U.S.C. 3714): Provided, That the applica19 tion for grants shall be made available to States with20 in 45 days after the date of enactment of this Act;

21 that States shall submit applications within 90 days

22 after the grant announcement; and that the Office for

23 Domestic Preparedness shall act within 90 days after

24 the grant announcement: Provided further, That not

25 less than 80 percent of any grant under this para-
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HR 5441 EAS

1 graph to a State (other than Puerto Rico) shall be

2 made available by the State to local governments

3 within 60 days after the receipt of the funds.

4 (2) $1,172,000,000 for discretionary grants, as

5 determined by the Secretary of Homeland Security, of

6 which—

7 (A) $745,000,000 shall be for use in high8 threat, high-density urban areas: Provided, That

9 not later than September 30, 2007, the Secretary

10 shall distribute any unallocated funds provided

11 for in title III of the Department of Homeland

12 Security Appropriations Act, 2006 (Public Law

13 109–90; 119 Stat. 2075) under the heading

14 ‘‘STATE AND LOCAL PROGRAMS’’ under the head15 ing ‘‘OFFICE FOR DOMESTIC PREPAREDNESS’’ to

16 assist organizations (as described under section

17 501(c)(3) of the Internal Revenue Code of 1986

18 and exempt from tax under section 501(a) of

19 such Code) determined by the Secretary to be at

20 high-risk or potential high-risk of a terrorist at21 tack: Provided further, That applicants shall

22 provide for the Secretary’s consideration prior

23 threats or attacks (within or outside the United

24 States) by a terrorist organization, network, or

25 cell against an organization described in the pre-
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HR 5441 EAS

1 vious proviso, and the Secretary shall consider

2 prior threats or attacks (within or outside the

3 United States) against such organizations when

4 determining risk: Provided further, That the Sec5 retary shall report to the Committees on Appro6 priations of the Senate and the House of Rep7 resentatives the risk to each designated tax ex8 empt grantee at least 3 full business days in ad9 vance of the announcement of any grant award;

10 (B) $210,000,000 shall be for port security

11 grants for the purposes of section 70107(a)

12 through (h) of title 46, United States Code,

13 which shall be awarded based on risk notwith14 standing subsection (a), for eligible costs as de15 fined in subsections (b)(2), (3), and (4);

16 (C) $5,000,000 shall be for trucking indus17 try security grants;

18 (D) $12,000,000 shall be for intercity bus

19 security grants;

20 (E) $150,000,000 shall be for intercity pas21 senger rail transportation (as defined in section

22 24102 of title 49, United States Code), freight

23 rail, and transit security grants; and

24 (F) $50,000,000 shall be for buffer zone pro25 tection grants:
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HR 5441 EAS

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

2 the application for grants shall be made available to

3 States within 45 days after the date of enactment of

4 this Act; that States shall submit applications within

5 90 days after the grant announcement; and that the

6 Office for Domestic Preparedness shall act within 90

7 days after receipt of an application: Provided further,

8 That not less than 80 percent of any grant under this

9 paragraph to a State shall be made available by the

10 State to local governments within 60 days after the

11 receipt of the funds: Provided further, That for grants

12 under subparagraphs (B) through (F), the applica13 tions for such grants shall be made available to eligi14 ble applicants not later than 75 days after the date

15 of enactment of this Act, eligible applicants shall sub16 mit applications not later than 45 days after the date

17 of the grant announcement, and the Office for Domes18 tic Preparedness shall act on such applications not

19 later than 45 days after the date on which such an

20 application is received.

21 (3) $40,000,000 shall be available for the Com22 mercial Equipment Direct Assistance Program.

23 (4) $338,000,000 for training, exercises, technical

24 assistance, and other programs (including mass evac-
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HR 5441 EAS

1 uation preparation and exercises): Provided, That not

2 less than $18,000,000 is for technical assistance:

3 Provided, That none of the grants provided under this head4 ing shall be used for the construction or renovation of facili5 ties, except for a minor perimeter security project, not to

6 exceed $1,000,000, as determined necessary by the Secretary

7 of Homeland Security: Provided further, That the pro8 ceeding proviso shall not apply to grants under subpara9 graphs (B), (E), and (F) of paragraph (2) of this heading:

10 Provided further, That grantees shall provide additional re11 ports on their use of funds, as determined necessary by the

12 Secretary of Homeland Security: Provided further, That

13 funds appropriated for law enforcement terrorism preven14 tion grants under paragraph (1) and discretionary grants

15 under paragraph (2)(A) of this heading shall be available

16 for operational costs, to include personnel overtime and

17 overtime associated with Office for Domestic Preparedness

18 certified training, as needed: Provided further, That the

19 Government Accountability Office shall report on the valid20 ity, relevance, reliability, timeliness, and availability of the

21 risk factors (including threat, vulnerability, and con22 sequence) used by the Secretary for the purpose of allocating

23 discretionary grants funded under this heading, and the ap24 plication of those factors in the allocation of funds to the

25 Committees on Appropriations of the Senate and the House
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HR 5441 EAS

1 of Representatives on its findings not later than 45 days

2 after the date of enactment of this Act: Provided further,

3 That within 7 days after the date of enactment of this Act,

4 the Secretary shall provide the Government Accountability

5 Office with the threat and risk methodology and factors that

6 will be used to allocate discretionary grants funded under

7 this heading.

8 FIREFIGHTER ASSISTANCE GRANTS

9 For necessary expenses for programs authorized by the

10 Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

11 2201 et seq.), $680,000,000, of which $552,500,000 shall be

12 available to carry out section 33 of that Act (15 U.S.C.

13 2229) and $127,500,000 shall be available to carry out sec14 tion 34 (15 U.S.C. 2229a) of that Act, to remain available

15 until September 30, 2008: Provided, That not to exceed 5

16 percent of this amount shall be available for program ad17 ministration.

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 Robert

22 T. Stafford Disaster Relief and Emergency Assistance Act

23 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc24 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza25 tion Plan No. 3 of 1978 (5 U.S.C. App.), $220,000,000: Pro-
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HR 5441 EAS

1 vided, That total administrative costs shall not exceed 3

2 percent of the total appropriation.

3 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

4 The aggregate charges assessed during fiscal year 2007,

5 as authorized in title III of the Departments of Veterans

6 Affairs and Housing and Urban Development, and Inde7 pendent Agencies Appropriations Act, 1999 (42 U.S.C.

8 5196e), shall not be less than 100 percent of the amounts

9 anticipated by the Department of Homeland Security nec10 essary for its radiological emergency preparedness program

11 for the next fiscal year: Provided, That the methodology for

12 assessment and collection of fees shall be fair and equitable

13 and shall reflect costs of providing such services, including

14 administrative costs of collecting such fees: Provided fur15 ther, That fees received under this heading shall be deposited

16 in this account as offsetting collections and will become

17 available for authorized purposes on October 1, 2007, and

18 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 U.S.C.

23 2201 et seq.) and the Homeland Security Act of 2002 (6

24 U.S.C. 101 et seq.), $45,887,000.
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HR 5441 EAS

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.), $525,056,000, of which $442,547,000

7 shall remain available until September 30, 2008: Provided,

8 That of the amount made available under this heading,

9 $20,000,000 may not be obligated until the Secretary sub10 mits to the Committees on Appropriations of the Senate and

11 House of Representatives the report required in House Re12 port 109–241 accompanying the Department of Homeland

13 Security Appropriations Act, 2006 (Public Law 109–90)

14 on resources necessary to implement mandatory security re15 quirements for the Nation’s chemical sector and to create

16 a system for auditing and ensuring compliance with the

17 security standards: Provided further, That not later than

18 120 days after the date of the enactment of this Act, the

19 Secretary of Homeland Security shall submit a classified

20 report describing the security vulnerabilities of all rail,

21 transit, and highway bridges and tunnels connecting North22 ern New Jersey and New York City to the Committee on

23 Appropriations of the Senate; the Committee on Appropria24 tions of the House of Representatives; the Committee on

25 Commerce, Science, and Transportation of the Senate; and
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HR 5441 EAS

1 the Committee on Transportation and Infrastructure of the

2 House of Representatives.

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 ADMINISTRATIVE AND REGIONAL OPERATIONS

5 For necessary expenses for administrative and regional

6 operations, $249,499,000, including activities authorized by

7 the National Flood Insurance Act of 1968 (42 U.S.C. 4001

8 et seq.), the Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5121 et seq.), the Earth10 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et

11 seq.), the Defense Production Act of 1950 (50 U.S.C. App.

12 2061 et seq.), sections 107 and 303 of the National Security

13 Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No.

14 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act

15 of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed

16 $3,000 shall be for official reception and representation ex17 penses.

18 READINESS, MITIGATION, RESPONSE, AND RECOVERY

19 For necessary expenses for readiness, mitigation, re20 sponse, and recovery activities, $240,000,000, including ac21 tivities authorized by the National Flood Insurance Act of

22 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 U.S.C. 5121

24 et 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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HR 5441 EAS

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

2 National Security Act of 1947 (50 U.S.C. 404, 405), Reor3 ganization Plan No. 3 of 1978 (5 U.S.C. App.), and the

4 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Pro5 vided, That of the total amount made available under this

6 heading, $30,000,000 shall be for Urban Search and Rescue

7 Teams, of which not to exceed $1,600,000 may be made

8 available for administrative costs: Provided further, That

9 the Secretary of Homeland Security, in consultation with

10 the Secretary of Health and Human Services and the Attor11 ney General of the United States, shall conduct an assess12 ment of the models used by the Louisiana family assistance

13 call center and the National Center for Missing and Ex14 ploited Children in assisting individuals displaced by Hur15 ricane Katrina of 2005 in locating members of their family

16 to determine how these models may be modified to assist

17 individuals displaced in a major disaster (as that term is

18 defined in section 102 of the Robert T. Stafford Disaster

19 Relief and Emergency Assistance Act (42 U.S.C. 5122) in

20 locating members of their family: Provided further, That

21 the Secretary of Homeland Security shall submit to the

22 chairman and ranking member of the Committee on Home23 land Security and Governmental Affairs; the Committee on

24 Health, Education, Labor, and Pensions; and the Com25 mittee on the Judiciary of the Senate; and the chairman
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HR 5441 EAS

1 and ranking member of the Committee on Homeland Secu2 rity, the Committee on Energy and Commerce, and the

3 Committee on the Judiciary of the House of Representatives

4 results of the assessment conducted under the previous pro5 viso; as well as a plan to implement the findings of such

6 assessment, to the maximum extent practicable.

7 PUBLIC HEALTH PROGRAMS

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for countering potential bio10 logical, disease, and chemical threats to civilian popu11 lations, $33,885,000: Provided, That the total amount ap12 propriated and, notwithstanding any other provision of

13 law, the functions, personnel, assets, and liabilities of the

14 National Disaster Medical System established under section

15 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–

16 11(b)), including any functions of the Secretary of Home17 land Security relating to such System, shall be permanently

18 transferred to the Secretary of the Department of Health

19 and Human Services effective January 1, 2007.

20 DISASTER RELIEF

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses in carrying out the Robert T.

23 Stafford Disaster Relief and Emergency Assistance Act (42

24 U.S.C. 5121 et seq.), $1,640,000,000, to remain available

25 until expended: Provided, That of the total amount pro-
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HR 5441 EAS

1 vided, not to exceed $15,000,000 shall be transferred to the

2 Department of Homeland Security Office of Inspector Gen3 eral for audits and investigations related to natural disas4 ters subject to section 503 of this Act: Provided further, That

5 none of the funds appropriated or otherwise made available

6 under this heading may be used to enter into contracts

7 using procedures based upon the unusual and compelling

8 urgency exception to competitive procedures requirements

9 under section 303(c)(2) of the Federal Property and Admin10 istrative Services Act of 1949 (41 U.S.C. 253(c)(2)) or sec11 tion 2304(c)(2) of title 10, United States Code, unless the

12 contract is for the procurement of only such property and

13 services as are necessary to address the immediate emer14 gency and is only for so long as is necessary to put competi15 tive procedures in place in connection with such procure16 ment and the Secretary of Homeland Security notifies the

17 Committees on Appropriations and Homeland Security

18 and Government Affairs of the Senate and Appropriations

19 and Homeland Security of the House of Representatives of

20 such contract not later than 7 days after the contract is

21 entered into.

22 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

23 For administrative expenses to carry out the direct

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

25 T. Stafford Disaster Relief and Emergency Assistance Act
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HR 5441 EAS

1 (42 U.S.C. 5162), $569,000: Provided, That gross obliga2 tions for the principal amount of direct loans shall not ex3 ceed $25,000,000: Provided further, That the cost of modi4 fying such loans shall be as defined in section 502 of the

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

6 FLOOD MAP MODERNIZATION FUND

7 For necessary expenses under section 1360 of the Na8 tional Flood Insurance Act of 1968 (42 U.S.C. 4101),

9 $198,980,000, and such additional sums as may be pro10 vided by State and local governments or other political sub11 divisions for cost-shared mapping activities under section

12 1360(f)(2) of such Act, to remain available until expended:

13 Provided, That total administrative costs shall not exceed

14 3 percent of the total appropriation.

15 NATIONAL FLOOD INSURANCE FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For activities under the National Flood Insurance Act

18 of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster

19 Protection Act of 1973 (42 U.S.C. 4001 et seq.),

20 $128,588,000, which is available as follows: (1) not to ex21 ceed $38,230,000 for salaries and expenses associated with

22 flood mitigation and flood insurance operations; and (2)

23 not to exceed $90,358,000 for flood hazard mitigation which

24 shall be derived from offsetting collections assessed and col25 lected under section 1307 of the National Flood Insurance
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HR 5441 EAS

1 Act of 1968 (42 U.S.C. 4001 et seq.), to remain available

2 until September 30, 2008, including up to $31,000,000 for

3 flood mitigation expenses under section 1366 of that Act,

4 which amount shall be available for transfer to the National

5 Flood Mitigation Fund until September 30, 2008: Provided,

6 That in fiscal year 2007, no funds in excess of: (1)

7 $70,000,000 for operating expenses; (2) $692,999,000 for

8 commissions and taxes of agents; (3) such sums as necessary

9 for interest on Treasury borrowings shall be available from

10 the National Flood Insurance Fund; and (4) not to exceed

11 $50,000,000 for flood mitigation actions with respect to se12 vere repetitive loss properties under section 1361A of that

13 Act and repetitive insurance claims properties under sec14 tion 1323 of that Act, which shall remain available until

15 expended: Provided further, That total administrative costs

16 shall not exceed 3 percent of the total appropriation.

17 NATIONAL FLOOD MITIGATION FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 Notwithstanding subparagraphs (B) and (C) of sub20 section (b)(3), and subsection (f), of section 1366 of the Na21 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c),

22 $31,000,000, to remain available until September 30, 2008,

23 for activities designed to reduce the risk of flood damage

24 to structures pursuant to such Act, of which $31,000,000

25 shall be derived from the National Flood Insurance Fund.
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HR 5441 EAS

1 NATIONAL PRE-DISASTER MITIGATION FUND

2 For a pre-disaster mitigation grant program under

3 title II of the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5131 et seq.), $149,978,000,

5 to remain available until expended: Provided, That grants

6 made for pre-disaster mitigation shall be awarded on a

7 competitive basis subject to the criteria in section 203(g)

8 of such Act (42 U.S.C. 5133(g)), and notwithstanding sec9 tion 203(f) of such Act, shall be made without reference to

10 State allocations, quotas, or other formula-based allocation

11 of funds: Provided further, That total administrative costs

12 shall not exceed 3 percent of the total appropriation.

13 EMERGENCY FOOD AND SHELTER

14 To carry out an emergency food and shelter program

15 under title III of the Stewart B. McKinney Homeless Assist16 ance Act (42 U.S.C. 11331 et seq.), $151,470,000, to remain

17 available until expended: Provided, That total administra18 tive costs shall not exceed 3.5 percent of the total appropria19 tion.
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HR 5441 EAS

1 TITLE IV

2 RESEARCH AND DEVELOPMENT, TRAINING, AND

3 SERVICES

4 UNITED STATES CITIZENSHIP AND IMMIGRATION

5 SERVICES

6 For necessary expenses for citizenship and immigra7 tion services, $134,990,000.

8 FEDERAL LAW ENFORCEMENT TRAINING CENTER

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Law Enforce11 ment Training Center, including materials and support

12 costs of Federal law enforcement basic training; purchase

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

14 of passenger motor vehicles; expenses for student athletic

15 and related activities; the conduct of and participation in

16 firearms matches and presentation of awards; public aware17 ness and enhancement of community support of law enforce18 ment training; room and board for student interns; a flat

19 monthly reimbursement to employees authorized to use per20 sonal mobile phones for official duties; and services as au21 thorized by section 3109 of title 5, United States Code;

22 $207,634,000, of which up to $43,910,000 for materials and

23 support costs of Federal law enforcement basic training

24 shall remain available until September 30, 2008; of which

25 $300,000 shall remain available until expended for Federal
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HR 5441 EAS

1 law enforcement agencies participating in training accredi2 tation, to be distributed as determined by the Federal Law

3 Enforcement Training Center for the needs of participating

4 agencies; and of which not to exceed $12,000 shall be for

5 official reception and representation expenses: Provided,

6 That the Center is authorized to obligate funds in anticipa7 tion of reimbursements from agencies receiving training

8 sponsored by the Center, except that total obligations at the

9 end of the fiscal year shall not exceed total budgetary re10 sources available at the end of the fiscal year.

11 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

12 RELATED EXPENSES

13 For acquisition of necessary additional real property

14 and facilities, construction, and ongoing maintenance, fa15 cility improvements, and related expenses of the Federal

16 Law Enforcement Training Center, $63,246,000, to remain

17 available until expended: Provided, That the Center is au18 thorized to accept reimbursement to this appropriation

19 from government agencies requesting the construction of

20 special use facilities.

21 SCIENCE AND TECHNOLOGY

22 MANAGEMENT AND ADMINISTRATION

23 For salaries and expenses of the Office of the Under

24 Secretary for Science and Technology and for management

25 and administration of programs and activities, as author26 ized by title III of the Homeland Security Act of 2002 (6
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HR 5441 EAS

1 U.S.C. 181 et seq.), $104,414,000: Provided, That of the

2 amount provided under this heading, $60,000,000 shall not

3 be obligated until the Committees on Appropriations of the

4 Senate and the House of Representatives receive and ap5 prove an expenditure plan by program, project, and activ6 ity; with a detailed breakdown and justification of the man7 agement and administrative costs for each; prepared by the

8 Secretary of Homeland Security that has been reviewed by

9 the Government Accountability Office: Provided further,

10 That the expenditure plan shall include the method utilized

11 to derive administration costs in fiscal year 2006 and fiscal

12 year 2007: Provided further, That not to exceed $3,000 shall

13 be for official reception and representation expenses.

14 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

15 For necessary expenses for science and technology re16 search, including advanced research projects; development;

17 test and evaluation; acquisition; and operations; as author18 ized by title III of the Homeland Security Act of 2002 (6

19 U.S.C. 181 et seq.); $714,041,000, to remain available until

20 expended: Provided, That no university participating in the

21 University-based Centers of Excellence Program shall re22 ceive a grant for a period in excess of 3 years: Provided

23 further, That none of the funds provided under this heading

24 shall be made available for management and administrative

25 costs: Provided further, That $2,000,000 under this heading

26 shall be available for the construction of radiological labora-
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HR 5441 EAS

1 tories at Pacific Northwest National Laboratory: Provided

2 further, That funding will not be available until a Memo3 randum of Understanding between the Department of

4 Homeland Security and the Department of Energy has been

5 entered into.

6 DOMESTIC NUCLEAR DETECTION OFFICE

7 MANAGEMENT AND ADMINISTRATION

8 For salaries and expenses of the Domestic Nuclear De9 tection Office and for management and administration of

10 programs and activities, $30,468,000: Provided, That no

11 funds will be made available for the reimbursement of indi12 viduals from other Federal agencies or organizations in fis13 cal year 2008: Provided further, That not to exceed $3,000

14 shall be for official reception and representation expenses.

15 RESEARCH, DEVELOPMENT, AND OPERATIONS

16 For necessary expenses for radiological and nuclear re17 search, development, testing, evaluation and operations,

18 $234,024,000, to remain available until expended; and of

19 which not to exceed $65,000,000 shall be made available for

20 transformation research and development; and of which no

21 less than $40,000,000 shall be made available for radiation

22 portal monitor research and development: Provided, That

23 of the amount provided, $80,000,000 shall not be obligated

24 until the Secretary of Homeland Security provides notifica25 tion to the Committees on Appropriations of the Senate and

26 the House of Representatives that the Domestic Nuclear De-
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1 tection Office has entered into a Memorandum of Under2 standing with each Federal entity and organization: Pro3 vided further, That each Memorandum of Understanding

4 shall include a description of the role, responsibilities, and

5 resource commitment of each Federal entity or organization

6 for the domestic nuclear global architecture.

7 SYSTEMS ACQUISITION

8 For expenses for the Domestic Nuclear Detection Office

9 acquisition and deployment of radiological detection sys10 tems in accordance with the global nuclear detection archi11 tecture, $178,000,000, to remain available until September

12 30, 2009; and of which no less than $143,000,000 shall be

13 for radiation portal monitors; and of which not to exceed

14 $5,000,000 shall be for the Surge program: Provided, That

15 none of the funds provided for the Sodium Iodine Manufac16 turing program shall be made available until a cost-benefit

17 analysis on the Advance Spectroscopic Portal monitors is

18 submitted to the Committees on Appropriations of the Sen19 ate and the House of Representatives by the Secretary of

20 Homeland Security and reviewed by the Government Ac21 countability Office.

22 TITLE V

23 GENERAL PROVISIONS

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

25 this Act shall remain available for obligation beyond the

26 current fiscal year unless expressly so provided herein.
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1 SEC. 502. Subject to the requirements of section 503

2 of this Act, the unexpended balances of prior appropriations

3 provided for activities in this Act may be transferred to

4 appropriation accounts for such activities established under

5 this Act: Provided, That balances so transferred may be

6 merged with funds in the applicable established accounts

7 and thereafter may be accounted for as one fund for the

8 same time period as originally enacted.

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

10 provided by previous appropriations Acts to the agencies

11 in or transferred to the Department of Homeland Security

12 that remain available for obligation or expenditure in fiscal

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

14 of the United States derived by the collection of fees avail15 able to the agencies funded by this Act, shall be available

16 for obligation or expenditure through a reprogramming of

17 funds that: (1) creates a new program; (2) eliminates a pro18 gram, project, or activity; (3) increases funds for any pro19 gram, project, or activity for which funds have been denied

20 or restricted by the Congress; (4) proposes to use funds di21 rected for a specific activity by either of the Committees

22 on Appropriations of the Senate or House of Representa23 tives for a different purpose; or (5) contracts out any func24 tion or activity for which funds have been appropriated for

25 Federal full-time equivalent positions; unless the Commit-
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1 tees on Appropriations of the Senate and the House of Rep2 resentatives are notified 15 days in advance of such re3 programming of funds.

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

5 by previous appropriations Acts to the agencies in or trans6 ferred to the Department of Homeland Security that remain

7 available for obligation or expenditure in fiscal year 2007,

8 or provided from any accounts in the Treasury of the

9 United States derived by the collection of fees available to

10 the agencies funded by this Act, shall be available for obliga11 tion or expenditure for programs, projects, or activities

12 through a reprogramming of funds in excess of $5,000,000

13 or 10 percent, whichever is less, that: (1) augments existing

14 programs, projects, or activities; (2) reduces by 10 percent

15 funding for any existing program, project, or activity, or

16 numbers of personnel by 10 percent as approved by the Con17 gress; or (3) results from any general savings from a reduc18 tion in personnel that would result in a change in existing

19 programs, projects, or activities as approved by the Con20 gress; unless the Committees on Appropriations of the Sen21 ate and the House of Representatives are notified 15 days

22 in advance of such reprogramming of funds.

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

24 available for the current fiscal year for the Department of

25 Homeland Security by this Act or provided by previous ap-
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1 propriations Acts may be transferred between such appro2 priations, but no such appropriations, except as otherwise

3 specifically provided, shall be increased by more than 10

4 percent by such transfers: Provided, That any transfer

5 under this section shall be treated as a reprogramming of

6 funds under subsection (b) of this section and shall not be

7 available for obligation unless the Committees on Appro8 priations of the Senate and the House of Representatives

9 are notified 15 days in advance of such transfer.

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

11 this section, no funds shall be reprogrammed within or

12 transferred between appropriations after June 30, except in

13 extraordinary circumstances which imminently threaten

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

15 SEC. 504. None of the funds appropriated or otherwise

16 made available to the Department of Homeland Security

17 may be used to make payments to the ‘‘Department of

18 Homeland Security Working Capital Fund’’, except for the

19 activities and amounts allowed in the President’s fiscal

20 year 2007 budget, excluding sedan service, shuttle service,

21 transit subsidy, mail operations, parking, and competitive

22 sourcing: Provided, That any additional activities and

23 amounts shall be approved by the Committees on Appro24 priations of the Senate and the House of Representatives

25 30 days in advance of obligation.
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1 SEC. 505. Except as otherwise specifically provided by

2 law, not to exceed 50 percent of unobligated balances re3 maining available at the end of fiscal year 2007 from ap4 propriations for salaries and expenses for fiscal year 2007

5 in this Act shall remain available through September 30,

6 2008, in the account and for the purposes for which the

7 appropriations were provided: Provided, That prior to the

8 obligation of such funds, a request shall be submitted to the

9 Committees on Appropriations of the Senate and the House

10 of Representatives for approval in accordance with section

11 503 of this Act.

12 SEC. 506. Funds made available by this Act for intel13 ligence activities are deemed to be specifically authorized

14 by the Congress for purposes of section 504 of the National

15 Security Act of 1947 (50 U.S.C. 414) during fiscal year

16 2007 until the enactment of an Act authorizing intelligence

17 activities for fiscal year 2007.

18 SEC. 507. The Federal Law Enforcement Training

19 Center shall lead the Federal law enforcement training ac20 creditation process, to include representatives from the Fed21 eral law enforcement community and non-Federal accredi22 tation experts involved in law enforcement training, to con23 tinue the implementation of measuring and assessing the

24 quality and effectiveness of Federal law enforcement train25 ing programs, facilities, and instructors.
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1 SEC. 508. None of the funds in this Act may be used

2 to make a grant allocation, discretionary grant award, dis3 cretionary contract award, or to issue a letter of intent to4 taling in excess of $1,000,000, or to announce publicly the

5 intention to make such an award, unless the Secretary of

6 Homeland Security notifies the Committees on Appropria7 tions of the Senate and the House of Representatives at least

8 3 full business days in advance: Provided, That no notifica9 tion shall involve funds that are not available for obliga10 tion.

11 SEC. 509. Notwithstanding any other provision of law,

12 no agency shall purchase, construct, or lease any additional

13 facilities, except within or contiguous to existing locations,

14 to be used for the purpose of conducting Federal law enforce15 ment training without the advance approval of the Commit16 tees on Appropriations of the Senate and the House of Rep17 resentatives, except that the Federal Law Enforcement

18 Training Center is authorized to obtain the temporary use

19 of additional facilities by lease, contract, or other agreement

20 for training which cannot be accommodated in existing

21 Center facilities.

22 SEC. 510. The Director of the Federal Law Enforce23 ment Training Center shall schedule basic or advanced law

24 enforcement training (including both types of training) at

25 all four training facilities under the control of the Federal
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1 Law Enforcement Training Center to ensure that these

2 training centers are operated at the highest capacity

3 throughout the fiscal year.

4 SEC. 511. None of the funds appropriated or otherwise

5 made available by this Act may be used for expenses of any

6 construction, repair, alteration, or acquisition project for

7 which a prospectus, if required by the Public Buildings Act

8 of 1959 (40 U.S.C. 3301), has not been approved, except

9 that necessary funds may be expended for each project for

10 required expenses for the development of a proposed pro11 spectus.

12 SEC. 512. None of the funds in this Act may be used

13 in contravention of the applicable provisions of the Buy

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

15 SEC. 513. Notwithstanding any other provision of law,

16 the authority of the Office of Personnel Management to con17 duct personnel security and suitability background inves18 tigations, update investigations, and periodic reinvestiga19 tions of applicants for, or appointees in, positions in the

20 Office of the Secretary and Executive Management, the Of21 fice of the Under Secretary for Management, Analysis and

22 Operations, Immigration and Customs Enforcement, Direc23 torate for Preparedness, and the Directorate of Science and

24 Technology of the Department of Homeland Security is

25 transferred to the Department of Homeland Security: Pro-
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1 vided, That on request of the Department of Homeland Se2 curity, the Office of Personnel Management shall cooperate

3 with and assist the Department in any investigation or re4 investigation under this section: Provided further, That this

5 section shall cease to be effective at such time as the Presi6 dent has selected a single agency to conduct security clear7 ance investigations under section 3001(c) of the Intelligence

8 Reform and Terrorism Prevention Act of 2004 (Public Law

9 108–458; 50 U.S.C. 435b) and the entity selected under sec10 tion 3001(b) of such Act has reported to Congress that the

11 agency selected under such section 3001(c) is capable of con12 ducting all necessary investigations in a timely manner or

13 has authorized the entities within the Department of Home14 land Security covered by this section to conduct their own

15 investigations under section 3001 of such Act.

16 SEC. 514. (a) None of the funds provided by this or

17 previous appropriations Acts may be obligated for deploy18 ment or implementation, on other than a test basis, of the

19 Secure Flight program or any other follow on or successor

20 passenger prescreening programs, until the Secretary of

21 Homeland Security certifies, and the Government Account22 ability Office reports, to the Committees on Appropriations

23 of the Senate and the House of Representatives, that all 10

24 of the conditions contained in paragraphs (1) through (10)

25 of section 522(a) of the Department of Homeland Security
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1 Appropriations Act, 2005 (Public Law 108–334; 118 Stat.

2 1319) have been successfully met. Until the Secure Flight

3 program or a follow on or successor passenger screening

4 program has been deployed or implemented, the Transpor5 tation Security Administration shall provide airlines with

6 technical or other assistance to better align their reservation

7 and ticketing systems with terrorist databases to assist in

8 alleviating travel delays and other problems associated with

9 mistaken identification.

10 (b) The report required by subsection (a) shall be sub11 mitted within 90 days after the certification required by

12 such subsection is provided, and periodically thereafter, if

13 necessary, until the Government Accountability Office con14 firms that all 10 conditions have been successfully met.

15 (c) During the testing phase permitted by subsection

16 (a), no information gathered from passengers, foreign or do17 mestic air carriers, or reservation systems may be used to

18 screen aviation passengers, or delay or deny boarding to

19 such passengers, except in instances where passenger names

20 are matched to a Government watch list.

21 (d) None of the funds provided in this or previous ap22 propriations Acts may be utilized to develop or test algo23 rithms assigning risk to passengers whose names are not

24 on Government watch lists.
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1 (e) None of the funds provided in this or previous ap2 propriations Acts may be utilized for data or a database

3 that is obtained from or remains under the control of a non4 Federal entity: Provided, That this restriction shall not

5 apply to Passenger Name Record data obtained from air

6 carriers.

7 SEC. 515. None of the funds made available in this

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

9 by section 337 of the Immigration and Nationality Act (8

10 U.S.C. 1448).

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

12 may be used to process or approve a competition under Of13 fice of Management and Budget Circular A–76 for services

14 provided as of June 1, 2004, by employees (including em15 ployees serving on a temporary or term basis) of United

16 States Citizenship and Immigration Services of the Depart17 ment of Homeland Security who are known as of that date

18 as Immigration Information Officers, Contact Representa19 tives, or Investigative Assistants.

20 SEC. 517. (a) None of the funds appropriated to the

21 United States Secret Service by this Act or by previous ap22 propriations Acts may be made available for the protection

23 of a person, other than persons granted protection under

24 3056(a) of title 18, United States Code, and the Secretary

25 of the Department of Homeland Security.
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1 (b) Notwithstanding (a) of this section, the Director

2 of the United States Secret Service may enter into a fully

3 reimbursable agreement to perform such service for

4 protectees not designated under 3056(a) of title 18, United

5 States Code.

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

7 consultation with industry stakeholders, shall develop

8 standards and protocols for increasing the use of explosive

9 detection equipment to screen air cargo when appropriate.

10 SEC. 519. (a) The Secretary of Homeland Security is

11 directed to research, develop, and procure new technologies

12 to inspect and screen air cargo carried on passenger air13 craft at the earliest date possible.

14 (b) Existing checked baggage explosive detection equip15 ment and screeners shall be utilized to screen air cargo car16 ried on passenger aircraft to the greatest extent practicable

17 at each airport until technologies developed under sub18 section (a) are available.

19 (c) The Transportation Security Administration shall

20 report air cargo inspection statistics within 15 days of the

21 close of each quarter of the fiscal year to the Committees

22 on Appropriations of the Senate and the House of Rep23 resentatives, by airport and air carrier, including any rea24 sons for non-compliance with the second proviso of section

25 513 of the Department of Homeland Security Appropria-
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HR 5441 EAS

1 tions Act, 2005 (Public Law 108–334; 118 Stat. 1317),

2 within 45 days after the end of the quarter.

3 SEC. 520. (a) None of the funds available for obligation

4 for the transportation worker identification credential pro5 gram shall be used to develop a personalization system that

6 is executed without fair and open competition for both the

7 implementation and production of the program and identi8 fication cards.

9 (b) The Transportation Security Administration shall

10 certify to the Committees on Appropriations of the Senate

11 and the House of Representatives not later than December

12 1, 2006, that the competition required under subsection (a)

13 has been achieved.

14 SEC. 521. None of the funds made available in this

15 Act may be used by any person other than the privacy offi16 cer appointed under section 222 of the Homeland Security

17 Act of 2002 (6 U.S.C. 142) to alter, direct that changes be

18 made to, delay, or prohibit the transmission to Congress

19 of any report prepared under paragraph (5) of such section.

20 SEC. 522. No funding provided by this or previous ap21 propriation Acts shall be available to pay the salary of any

22 employee serving as a contracting officer’s technical rep23 resentative (COTR) or anyone acting in a similar or like

24 capacity who has not received COTR training.
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1 SEC. 523. Except as provided in section 44945 of title

2 49, United States Code, funds appropriated or transferred

3 to Transportation Security Administration ‘‘Aviation Se4 curity’’, ‘‘Administration’’ and ‘‘Transportation Security

5 Support’’ in fiscal years 2004, 2005, and 2006 that are re6 covered or deobligated shall be available only for procure7 ment and installation of explosive detection systems for air

8 cargo, baggage, and checkpoint screening systems, subject

9 to section 503 of this Act.

10 SEC. 524. (a) Within 60 days of enactment of this Act,

11 the Secretary of the Department of Homeland Security shall

12 revise DHS MD (Management Directive) 11056 to provide

13 for the following:

14 (1) That when a lawful request is made to pub15 licly release a document containing information des16 ignated as sensitive security information (SSI), the

17 document shall be reviewed in a timely manner to de18 termine whether any information contained in the

19 document meets the criteria for continued SSI protec20 tion under applicable law and regulation and shall

21 further provide that all portions that no longer re22 quire SSI designation be released, subject to applica23 ble law, including sections 552 and 552a of title 5,

24 United States Code.
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1 (2) That sensitive security information that is

2 four years old shall be subject to release upon request

3 unless—

4 (A) the Secretary or his designee makes a

5 written determination that identifies a rational

6 basis why the information must remain SSI;

7 (B) the information is covered by a current

8 sensitive security information application guide

9 approved by the Secretary or his designee in

10 writing; or

11 (C) such information is otherwise exempt

12 from disclosure under applicable law:

13 Provided, That any determination made by the Secretary

14 under clause (a)(2)(A) shall be provided to the party mak15 ing a request to release such information and to the Com16 mittees on Appropriations of the Senate and House of Rep17 resentatives as part of the annual reporting requirement

18 pursuant to section 537 of the Department of Homeland

19 Security Appropriations Act, 2006 (Public Law 109–90;

20 119 Stat. 2088).

21 (3) Common and extensive examples of the indi22 vidual categories of SSI information cited under 49

23 CFR 1520(b)(1) through (16) in order to minimize

24 and standardize judgment by covered persons in the

25 application of SSI marking.
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1 (b) Not later than 120 days after the date of enactment

2 of this Act, the Secretary of Homeland Security shall report

3 to the Committees on Appropriations of the Senate and the

4 House of Representatives on the progress that the Depart5 ment has made in implementing the remaining require6 ments of section 537 of the Department of Homeland Secu7 rity Appropriations Act, 2006 (Public Law 109–90; 119

8 Stat. 2088), including information on the current proce9 dures regarding access to SSI by civil litigants and the se10 curity risks and benefits of any proposed changes to these

11 procedures.

12 SEC. 525. RESCISSION. From the unobligated balances

13 from prior year appropriations made available for Trans14 portation Security Administration ‘‘Aviation Security’’

15 and ‘‘Headquarters Administration’’, $4,776,000 are re16 scinded.

17 SEC. 526. The Department of Homeland Security

18 Working Capital Fund, established under section 403 of the

19 Government Management Reform Act of 1994 (31 U.S.C.

20 501 note; Public Law 103–356), shall continue operations

21 during fiscal year 2007.

22 SEC. 527. RESCISSION. Of the unobligated balances

23 from prior year appropriations made available for the

24 ‘‘Counterterrorism Fund’’, $16,000,000 are rescinded.
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HR 5441 EAS

1 SEC. 528. RESCISSION. From the unobligated balances

2 from prior year appropriations made available for Trans3 portation Security Administration ‘‘Aviation Security’’,

4 $61,936,000 are rescinded.

5 SEC. 529. None of the funds made available in this

6 Act may be used to enforce section 4025(1) of Public Law

7 108–458 if the Assistant Secretary (Transportation Secu8 rity Administration) determines that butane lighters are

9 not a significant threat to civil aviation security: Provided,

10 That the Assistant Secretary (Transportation Security Ad11 ministration) shall notify the Committees on Appropria12 tions of the Senate and the House of Representatives 15

13 days in advance of such determination including a report

14 on whether the effectiveness of screening operations is en15 hanced by suspending enforcement of the prohibition.

16 SEC. 530. RESCISSIONS. Of the unobligated balances

17 from prior year appropriations made available for Science

18 and Technology, $55,000,000 for ‘‘Management and Admin19 istration’’ and $184,000,000 from ‘‘Research, Development,

20 Acquisition, and Operations’’ are rescinded: Provided, That

21 of the total amount rescinded from ‘‘Management and Ad22 ministration’’, $30,000,000 shall be from the contingency

23 fund and $25,000,000 shall be from the Homeland Security

24 Institute.
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HR 5441 EAS

1 SEC. 531. Notwithstanding any other provision of law,

2 the Secretary of Homeland Security shall consider the Han3 cock County Port and Harbor Commission in Mississippi

4 eligible under the Federal Emergency Management Agency

5 Public Assistance Program for all costs incurred for dredg6 ing from navigation channel in Little Lake, Louisiana,

7 sediment deposited as a result of Hurricane George in 1998:

8 Provided, That the appropriate Federal share shall apply

9 to approval of this project.

10 SEC. 532. The Department of Homeland Security

11 shall, in approving standards for State and local emergency

12 preparedness operational plans under section 613(b)(3) of

13 the Robert T. Stafford Disaster and Emergency Assistance

14 Act (42 U.S.C. 5196b(b)(3)), account for the needs of indi15 viduals with household pets and service animals before, dur16 ing, and following a major disaster or emergency: Provided,

17 That Federal agencies may provide assistance as described

18 in section 403(a) of the Robert T. Stafford Disaster and

19 Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry

20 out the plans described in the previous proviso.

21 SEC. 533. RESCISSION. From the unexpended balances

22 of the United States Coast Guard ‘‘Acquisition, Construc23 tion, and Improvements’’ account specifically identified in

24 the Joint Explanatory Statement (House Report 109–241)

25 accompanying the Department of Homeland Security Act,
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HR 5441 EAS

1 2006 (Public Law 109–90) for the development of the Off2 shore Patrol Cutter, $20,000,000 are rescinded.

3 SEC. 534. TRANSFER. All obligated and unobligated

4 balances of funds, totaling not less than $98,552,000, for

5 the Transportation Security Laboratory shall be transferred

6 from the Science and Technology ‘‘Research, Development,

7 Acquisition, and Operations’’ account to the Transpor8 tation Security Administration ‘‘Transportation Security

9 Support’’ account effective October 1, 2006.

10 SEC. 535. (a)(1) Within 45 days after the close of each

11 month, the Chief Financial Officer of the Department of

12 Homeland Security shall submit to the Committees on Ap13 propriations of the Senate and the House of Representatives

14 a monthly budget execution report that sets forth the total

15 obligational authority appropriated (new budget authority

16 plus unobligated carryover), undistributed obligational au17 thority, amount allotted, current year obligations, unobli18 gated authority (the difference between total obligational

19 authority and current year obligations), beginning unex20 pended obligations, year-to-date costs, and year-end unex21 pended obligations, of the Department of Homeland Secu22 rity.

23 (2) The information required under paragraph (1)

24 shall be provided for each Departmental component and the

25 Working Capital Fund at the level of detail shown in the
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1 table of detailed funding recommendations displayed at the

2 end of the Statement of Managers accompanying the con3 ference report on this Act.

4 (3) Each report submitted under paragraph (1) shall

5 include for each Department of Homeland Security compo6 nent the total full-time equivalent for the prior fiscal year,

7 the on-board total full-time equivalent on September 30 of

8 the prior fiscal year, the estimated total full-time equivalent

9 for the current fiscal year, and the on-board total full-time

10 equivalent on the last day of the month for the applicable

11 report.

12 (b) Obligation authority and transfer authority pro13 vided under section 503 and 504 of this Act shall not be

14 available unless on the date of a notification under section

15 503 and 504, the Committees on Appropriations of the Sen16 ate and House of Representatives have received the most re17 cent report required by subsection (a) of this section.

18 SEC. 536. None of the funds provided by this or pre19 vious appropriations Acts or transferred to the Department

20 of Homeland Security that remain available for obligation

21 or expenditure in fiscal year 2007, or provided from any

22 accounts in the Treasury of the United States derived by

23 the collection of fees available to the agencies funded by this

24 Act, shall be available for obligation or expenditure for the

25 Office of the Federal Coordinator for Gulf Coast Rebuilding
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1 effective October 1, 2006, unless the Committees on Appro2 priations of the Senate and the House of Representatives

3 receive a reprogramming notification for fiscal year 2006

4 pursuant to section 503 of Public Law 109–90 and a budget

5 request and expenditure plan for fiscal year 2007 for this

6 office.

7 SEC. 537. The Federal Law Enforcement Training

8 Center instructor staff shall be classified as inherently gov9 ernmental for the purpose of the Federal Activities Inven10 tory Reform Act of 1998 (31 U.S.C. 501 note).

11 SEC. 538. Section 7209(b)(1) of the Intelligence Reform

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

13 458; 8 U.S.C. 1185 note) is amended by striking from ‘‘(1)

14 DEVELOPMENT OF PLAN.—The Secretary’’ through

15 ‘‘7208(k)).’’ and inserting the following:

16 ‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTA17 TION.—

18 ‘‘(A) The Secretary of Homeland Security,

19 in consultation with the Secretary of State, shall

20 develop and implement a plan as expeditiously

21 as possible to require a passport or other docu22 ment, or combination of documents, deemed by

23 the Secretary of Homeland Security to be suffi24 cient to denote identity and citizenship, for all

25 travel into the United States by United States
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1 citizens and by categories of individuals for

2 whom documentation requirements have pre3 viously been waived under section 212(d)(4)(B)

4 of the Immigration and Nationality Act (8

5 U.S.C. 1182(d)(4)(B)). This plan shall be imple6 mented not later than 3 months after the Sec7 retary of State and the Secretary of Homeland

8 Security make the certifications required in sub9 section (B), or June 1, 2009, whichever is ear10 lier. The plan shall seek to expedite the travel of

11 frequent travelers, including those who reside in

12 border communities, and in doing so, shall make

13 readily available a registered traveler program

14 (as described in section 7208(k)).

15 ‘‘(B) The Secretary of Homeland Security

16 and the Secretary of State shall jointly certify to

17 the Committees on Appropriations of the Senate

18 and the House of Representatives that the fol19 lowing criteria have been met prior to implemen20 tation of Section 7209(b)(1)(A)—

21 ‘‘(i) the National Institutes of Stand22 ards and Technology has certified that the

23 card architecture meets the International

24 Organization for Standardization ISO
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HR 5441 EAS

1 14443 security standards, or justifies a de2 viation from such standard;

3 ‘‘(ii) the technology to be used by the

4 United States for the passport card, and

5 any subsequent change to that technology,

6 has been shared with the governments of

7 Canada and Mexico;

8 ‘‘(iii) an agreement has been reached

9 with the United States Postal Service on the

10 fee to be charged individuals for the pass11 port card, and a detailed justification has

12 been submitted to the Committees on Appro13 priations of the Senate and the House of

14 Representatives;

15 ‘‘(iv) an alternative procedure has been

16 developed for groups of children traveling

17 across an international border under adult

18 supervision with parental consent;

19 ‘‘(v) the necessary technological infra20 structure to process the passport cards has

21 been installed, and all employees at ports of

22 entry have been properly trained in the use

23 of the new technology;

24 ‘‘(vi) the passport card has been made

25 available for the purpose of international
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HR 5441 EAS

1 travel by United States citizens through

2 land and sea ports of entry between the

3 United States and Canada, Mexico, the

4 Caribbean and Bermuda; and

5 ‘‘(vii) a single implementation date for

6 sea and land borders has been established.’’.

7 SEC. 539. Notwithstanding any time limitation estab8 lished for a grant awarded under title I, chapter 6, Public

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

10 Management Agency—Disaster Assistance for Unmet

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

12 under such grant program until September 30, 2007.

13 SEC. 540. None of the funds made available in this

14 Act for United States Customs and Border Protection may

15 be used to prevent an individual not in the business of im16 porting a prescription drug (within the meaning of section

17 801(g) of the Federal Food, Drug, and Cosmetic Act) from

18 importing a prescription drug from Canada that complies

19 with the Food, Drug, and Cosmetic Act.

20 SEC. 541. The Secretary of Homeland Security shall

21 submit a report to the Committees on Appropriations of the

22 Senate and the House of Representatives, not later than

23 February 8, 2007, that—

24 (1) identifies activities being carried out by the

25 Department of Homeland Security to improve—
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HR 5441 EAS

1 (A) the targeting of agricultural inspections;

2 (B) the ability of United States Customs

3 and Border Protection to adjust to new agricul4 tural threats; and

5 (C) the in-service training for interception

6 of prohibited plant and animal products and ag7 ricultural pests under the agriculture quarantine

8 inspection monitoring program of the Animal

9 and Plant Health Inspection Service; and

10 (2) describes the manner in which the Secretary

11 of Homeland Security will coordinate with the Sec12 retary of Agriculture and State and local governments

13 in carrying out the activities described in paragraph

14 (1).

15 SEC. 542. Any limitation, directive, or earmarking

16 contained in either the House of Representatives or Senate

17 report accompanying H.R. 5441 shall also be included in

18 the conference report or joint statement accompanying H.R.

19 5441 in order to be considered as having been approved by

20 both Houses of Congress.

21 SEC. 543. Any reports required in this Act and accom22 panying reports to be submitted to the Committees on Ap23 propriations and the Department of Homeland Security’s

24 annual justifications of the President’s budget request shall

25 be posted on the Department of Homeland Security’s public
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1 website not later than 48 hours after such submission unless

2 information in the report compromises national security.

3 SEC. 544. Notwithstanding any other provision of this

4 Act, $1,000,000 shall be made available from appropria5 tions for training, exercises, technical assistance, and other

6 programs under paragraph (4) under the subheading

7 ‘‘STATE AND LOCAL PROGRAMS’’ under the heading ‘‘OFFICE

8 FOR DOMESTIC PREPAREDNESS’’ under title III, for the

9 Chief Financial Officer of the Department of Homeland Se10 curity to ensure compliance with the Improper Payments

11 Information Act of 2002 (31 U.S.C. 3321 note).

12 SEC. 545. None of the amounts available or otherwise

13 available to the Coast Guard under title II of this Act under

14 the heading ‘‘UNITED STATES COAST GUARD’’ under the

15 heading ‘‘OPERATING EXPENSES’’ may be obligated or ex16 pended for the continuation of operations at Long Range

17 Aids to Navigation (LORAN) stations nationwide, except

18 in Alaska, the far northwest, and the far northeast conti19 nental United States of America.

20 SEC. 546. No amount appropriated by this or any

21 other Act may be used to enforce or comply with any statu22 tory limitation on the number of employees in the Trans23 portation Security Administration, before or after its trans24 fer to the Department of Homeland Security from the De25 partment of Transportation, and no amount appropriated
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1 by this or any other Act may be used to enforce or comply

2 with any administrative rule or regulation imposing a lim3 itation on the recruiting or hiring of personnel into the

4 Transportation Security Administration to a maximum

5 number of permanent positions, except to the extent that

6 enforcement or compliance with that limitation does not

7 prevent the Secretary of Homeland Security from recruiting

8 and hiring such personnel into the Administration as may

9 be necessary—

10 (1) to provide appropriate levels of aviation se11 curity; and

12 (2) to accomplish that goal in such a manner

13 that the average aviation security-related delay expe14 rienced by airline passengers is reduced to a level of

15 10 minutes.

16 SEC. 547. Not later than 6 months after the date of

17 enactment of this Act, the Secretary of Homeland Security

18 shall submit a report to the Committees on Appropriations

19 of the Senate and the House of Representatives with an as20 sessment of short-term (defined as within 2 years after the

21 date of enactment of this Act), intermediate-term (defined

22 as between 2 years and 4 years after such date of enact23 ment), and long-term (defined as more than 4 years after

24 such date of enactment) actions necessary for the Depart25 ment of Homeland Security to take in order to assist Fed-
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1 eral, State, and local governments achieve communications

2 interoperability, including equipment acquisition, changes

3 in governance structure, and training.

4 SEC. 548. (a) Section 114 of title 49, United States

5 Code, is amended by striking subsection (o) and redesig6 nating subsections (p) through (t) as subsections (o) through

7 (s), respectively.

8 (b) The amendment made by subsection (a) shall take

9 effect 180 days after the date of enactment of this Act.

10 SEC. 549. DATA-MINING. (a) DEFINITIONS.—In this

11 section:

12 (1) DATA-MINING.—The term ‘‘data-mining’’

13 means a query or search or other analysis of 1 or

14 more electronic databases, whereas—

15 (A) at least 1 of the databases was obtained

16 from or remains under the control of a non-Fed17 eral entity, or the information was acquired ini18 tially by another department or agency of the

19 Federal Government for purposes other than in20 telligence or law enforcement;

21 (B) a department or agency of the Federal

22 Government or a non-Federal entity acting on

23 behalf of the Federal Government is conducting

24 the query or search or other analysis to find a
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1 predictive pattern indicating terrorist or crimi2 nal activity; and

3 (C) the search does not use a specific indi4 vidual’s personal identifiers to acquire informa5 tion concerning that individual.

6 (2) DATABASE.—The term ‘‘database’’ does not

7 include telephone directories, news reporting, infor8 mation publicly available via the Internet or avail9 able by any other means to any member of the public

10 without payment of a fee, or databases of judicial and

11 administrative opinions.

12 (b) REPORTS ON DATA-MINING ACTIVITIES BY THE

13 DEPARTMENT OF HOMELAND SECURITY.—

14 (1) REQUIREMENT FOR REPORT.—The head of

15 each department or agency in the Department of

16 Homeland Security that is engaged in any activity to

17 use or develop data-mining technology shall each sub18 mit a report to Congress on all such activities of the

19 agency under the jurisdiction of that official. The re20 port shall be made available to the public.

21 (2) CONTENT OF REPORT.—Each report sub22 mitted under paragraph (1) shall include, for each ac23 tivity to use or develop data-mining technology that

24 is required to be covered by the report, the following

25 information:
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1 (A) A thorough description of the data-min2 ing technology and the data that is being or will

3 be used.

4 (B) A thorough description of the goals and

5 plans for the use or development of such tech6 nology and, where appropriate, the target dates

7 for the deployment of the data-mining tech8 nology.

9 (C) An assessment of the efficacy or likely

10 efficacy of the data-mining technology in pro11 viding accurate information consistent with and

12 valuable to the stated goals and plans for the use

13 or development of the technology.

14 (D) An assessment of the impact or likely

15 impact of the implementation of the data-mining

16 technology on the privacy and civil liberties of

17 individuals.

18 (E) A list and analysis of the laws and reg19 ulations that govern the information being or to

20 be collected, reviewed, gathered, analyzed, or used

21 with the data-mining technology.

22 (F) A thorough discussion of the policies,

23 procedures, and guidelines that are in place or

24 that are to be developed and applied in the use

25 of such technology for data-mining in order to—
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1 (i) protect the privacy and due process

2 rights of individuals; and

3 (ii) ensure that only accurate informa4 tion is collected, reviewed, gathered, ana5 lyzed, or used.

6 (G) Any necessary classified information in

7 an annex that shall be available to the Com8 mittee on Homeland Security and Governmental

9 Affairs, the Committee on the Judiciary, and the

10 Committee on Appropriations of the Senate and

11 the Committee on Homeland Security, the Com12 mittee on the Judiciary, and the Committee on

13 Appropriations of the House of Representatives.

14 (3) TIME FOR REPORT.—Each report required

15 under paragraph (1) shall be submitted not later than

16 90 days after the end of fiscal year 2007.

17 SEC. 550. (a) Not later than 6 months after the date

18 of enactment of this Act, the Secretary of Homeland Secu19 rity shall hereafter issue interim final regulations that es20 tablish homeland security requirements, including min21 imum standards and required submission of facility secu22 rity plans to the Secretary, for chemical facilities that the

23 Secretary determines present the greatest security risk and

24 that are not currently regulated under Federal law for

25 homeland security purposes.
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1 (b) Interim regulations under this section shall apply

2 to a chemical facility until the effective date of final regula3 tions issued under other laws by the Secretary, that estab4 lish requirements and standards referred to in subsection

5 (a) that apply with respect to that facility.

6 (c) Any person that violates an interim regulation

7 issued under this section shall be liable for a civil penalty

8 under section 70117 of title 46, United States Code.

9 SEC. 551. Not later than 1 year after the date of enact10 ment of this Act, the Secretary of Homeland Security shall

11 establish and conduct a pilot program at the Northern Bor12 der Air Wing bases of the Office of CBP Air and Marine,

13 United States Customs and Border Protection, working ex14 peditiously with the Administrator of the Federal Aviation

15 Administration to test unmanned aerial vehicles for border

16 surveillance along the international marine and land bor17 der between Canada and the United States.

18 SEC. 552. Not later than February 8, 2007, the Assist19 ant Secretary for Immigration and Customs Enforcement

20 of the Department of Homeland Security shall submit a re21 port to Congress on the costs and need for establishing a

22 sub-office in Greeley, Colorado.

23 SEC. 553. Not later than 90 days after the date of the

24 enactment of this Act, 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 a report on the

2 feasibility and advisability of locating existing Louisiana

3 facilities and assets of the Coast Guard in the Federal City

4 Project of New Orleans, Louisiana, as described in the re5 port of the Defense Base Closure and Realignment Commis6 sion submitted to the President in 2005 during the 2005

7 round of defense base closure and realignment under the De8 fense Base Closure and Realignment Act of 1990 (part A

9 of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

10 SEC. 554. Notwithstanding any other provision of this

11 Act, funding made available under title VII, under the

12 heading UNITED STATES COAST GUARD ACQUISITION, CON13 STRUCTION, AND IMPROVEMENTS may be used to acquire

14 law enforcement patrol boats.

15 SEC. 555. SCREENING OF MUNICIPAL SOLID WASTE.

16 (a) DEFINITIONS.—In this section:

17 (1) BUREAU.—The term ‘‘ Bureau’’ means the

18 Bureau of Customs and Border Protection.

19 (2) COMMERCIAL MOTOR VEHICLE.—The term

20 ‘‘commercial motor vehicle’’ has the meaning given

21 the term in section 31101 of title 49, United States

22 Code.

23 (3) COMMISSIONER.—The term ‘‘Commissioner’’

24 means the Commissioner of the Bureau.
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1 (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu2 nicipal solid waste’’ includes sludge (as defined in

3 section 1004 of the Solid Waste Disposal Act (42

4 U.S.C. 6903)).

5 (b) REPORTS TO CONGRESS.—Not later than 90 days

6 after the date of enactment of this Act, the Commissioner

7 shall submit to Congress a report that—

8 (1) indicates whether the methodologies and tech9 nologies used by the Bureau to screen for and detect

10 the presence of chemical, nuclear, biological, and radi11 ological weapons in municipal solid waste are as ef12 fective as the methodologies and technologies used by

13 the Bureau to screen for those materials in other

14 items of commerce entering the United States through

15 commercial motor vehicle transport; and

16 (2) if the report indicates that the methodologies

17 and technologies used to screen municipal solid waste

18 are less effective than those used to screen other items

19 of commerce, identifies the actions that the Bureau

20 will take to achieve the same level of effectiveness in

21 the screening of municipal solid waste, including ac22 tions necessary to meet the need for additional screen23 ing technologies.

24 (c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If

25 the Commissioner fails to fully implement an action identi-
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1 fied under subsection (b)(2) before the earlier of the date

2 that is 180 days after the date on which the report under

3 subsection (b) is required to be submitted or the date that

4 is 180 days after the date on which the report is submitted,

5 the Secretary shall deny entry into the United States of any

6 commercial motor vehicle carrying municipal solid waste

7 until the Secretary certifies to Congress that the methodolo8 gies and technologies used by the Bureau to screen for and

9 detect the presence of chemical, nuclear, biological, and ra10 diological weapons in municipal solid waste are as effective

11 as the methodologies and technologies used by the Bureau

12 to screen for those materials in other items of commerce en13 tering into the United States through commercial motor ve14 hicle transport.

15 SEC. 556. (a) CONSTRUCTION OF BORDER TUNNEL OR

16 PASSAGE.—Chapter 27 of title 18, United States Code, is

17 amended by adding at the end the following:

18 ‘‘§ 554. Border tunnels and passages

19 ‘‘(a) Any person who knowingly constructs or finances

20 the construction of a tunnel or subterranean passage that

21 crosses the international border between the United States

22 and another country, other than a lawfully authorized tun23 nel or passage known to the Secretary of Homeland Secu24 rity and subject to inspection by the Bureau of Immigration
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1 and Customs Enforcement, shall be fined under this title

2 and imprisoned for not more than 20 years.

3 ‘‘(b) Any person who knows or recklessly disregards the

4 construction or use of a tunnel or passage described in sub5 section (a) on land that the person owns or controls shall

6 be fined under this title and imprisoned for not more than

7 10 years.

8 ‘‘(c) Any person who uses a tunnel or passage described

9 in subsection (a) to unlawfully smuggle an alien, goods (in

10 violation of section 545), controlled substances, weapons of

11 mass destruction (including biological weapons), or a mem12 ber of a terrorist organization (as defined in section

13 2339B(g)(6)) shall be subject to a maximum term of impris14 onment that is twice the maximum term of imprisonment

15 that would have otherwise been applicable had the unlawful

16 activity not made use of such a tunnel or passage.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections for

18 chapter 27 of title 18, United States Code, is amended by

19 adding at the end the following:

‘‘Sec. 554. Border tunnels and passages.’’.

20 (c) CRIMINAL FORFEITURE.—Section 982(a)(6) of title

21 18, United States Code, is amended by inserting ‘‘554,’’ be22 fore ‘‘1425,’’.

23 (d) DIRECTIVE TO THE UNITED STATES SENTENCING

24 COMMISSION.—
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1 (1) IN GENERAL.—Pursuant to its authority

2 under section 994 of title 28, United States Code, and

3 in accordance with this subsection, the United States

4 Sentencing Commission shall promulgate or amend

5 sentencing guidelines to provide for increased pen6 alties for persons convicted of offenses described in

7 section 554 of title 18, United States Code, as added

8 by subsection (a).

9 (2) REQUIREMENTS.—In carrying out this sub10 section, the United States Sentencing Commission

11 shall—

12 (A) ensure that the sentencing guidelines,

13 policy statements, and official commentary re14 flect the serious nature of the offenses described

15 in section 554 of title 18, United States Code,

16 and the need for aggressive and appropriate law

17 enforcement action to prevent such offenses;

18 (B) provide adequate base offense levels for

19 offenses under such section;

20 (C) account for any aggravating or miti21 gating circumstances that might justify excep22 tions, including—

23 (i) the use of a tunnel or passage de24 scribed in subsection (a) of such section to

25 facilitate other felonies; and
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1 (ii) the circumstances for which the

2 sentencing guidelines currently provide ap3 plicable sentencing enhancements;

4 (D) ensure reasonable consistency with other

5 relevant directives, other sentencing guidelines,

6 and statutes;

7 (E) make any necessary and conforming

8 changes to the sentencing guidelines and policy

9 statements; and

10 (F) ensure that the sentencing guidelines

11 adequately meet the purposes of sentencing set

12 forth in section 3553(a)(2) of title 18, United

13 States Code.

14 SEC. 557. Notwithstanding any other provision of law,

15 the Secretary of Homeland Security shall provide personnel

16 and equipment to improve national security by inspecting

17 international shipments of municipal solid waste, and shall

18 levy a fee limited to the approximate cost of such inspec19 tions.

20 SEC. 558. (a) Not later than 6 months after the date

21 of enactment of this Act, the Secretary of Homeland Secu22 rity, in coordination with the Secretary of State, the Fed23 eral Communications Commission, and relevant agencies in

24 the States of Alaska, Idaho, Montana, Oregon, and Wash25 ington, shall—
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1 (1) evaluate the technical and operational chal2 lenges with respect to interoperable communications

3 facing regional, local, State, and Federal authorities

4 in preparing for the 2010 Olympics; and

5 (2) develop an integrated plan for addressing

6 such technical and operational challenges.

7 (b) The Secretary of Homeland Security shall submit

8 and present the plan developed under subsection (a) to the

9 Committee on Commerce, Science, and Transportation of

10 the Senate and the Committee on Energy and Commerce

11 of the House of Representatives.

12 SEC. 559. The Secretary of Homeland Security may

13 not take any action to alter or reduce operations within

14 the Civil Engineering Program of the Coast Guard nation15 wide, including the civil engineering units, facilities, and

16 design and construction centers, the Coast Guard Academy,

17 and the Research and Development Center until the Com18 mittees on Appropriations and Commerce, Science, and

19 Transportation of the Senate receive and approve a plan

20 on changes to the Civil Engineering Program of the Coast

21 Guard. The plan shall include a description of the current

22 functions of the Civil Engineering Program and a descrip23 tion of any proposed modifications of such functions and

24 of any proposed modification of personnel and offices, in25 cluding the rationale for such modification, an assessment
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1 of the costs and benefits of such modification, any proposed

2 alternatives to such modification, and the processes utilized

3 by the Coast Guard and the Office of Management and

4 Budget to analyze and assess such modification.

5 SEC. 560. (a) All amounts made available under this

6 Act for travel and transportation shall be reduced by

7 $43,000,000.

8 (b) All amounts made available under this Act for

9 printing and reproduction shall be reduced by $1,000,000.

10 SEC. 561. None of the funds made available by this

11 Act may be used to take an action that would violate Execu12 tive Order 13149 (65 Fed. Reg. 24607; relating to greening

13 the government through Federal fleet and transportation ef14 ficiency).

15 SEC. 562. (a) The Transportation Security Adminis16 tration shall require each air carrier and foreign air carrier

17 that provides air transportation or intrastate air transpor18 tation to submit plans to the Transportation Security Ad19 ministration on how such air carrier will participate in

20 the voluntary provision of emergency services program es21 tablished by section 44944(a) of title 49, United States

22 Code.

23 (b)(1) Not more than 90 days after the date of the en24 actment of this Act, the Transportation Security Adminis25 tration shall prepare a report that contains the following:
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1 (A) Procedures that qualified individuals need to

2 follow in order to participate in the program de3 scribed in subsection (a).

4 (B) Relevant contacts for individuals interested

5 in participating in the program described in sub6 section (a).

7 (2) The Transportation Security Administration shall

8 make the report required by paragraph (1) available, by

9 Internet web site or other appropriate method, to the fol10 lowing:

11 (A) The Congress.

12 (B) The emergency response agency of each

13 State.

14 (C) The relevant organizations representing indi15 viduals to participate in the program.

16 SEC. 563. Not later than 90 days after the date of en17 actment of this Act, the Director of the Federal Emergency

18 Management Agency in conjunction with the Director of the

19 National Institutes of Standards and Technology shall sub20 mit a report to the Senate Committee on Appropriations

21 outlining Federal earthquake response plans for high-risk

22 earthquake regions in the United States as determined by

23 the United States Geological Survey.

24 SEC. 564. Not later than 6 months after the date of

25 enactment of this Act, the Secretary of Homeland Security
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1 shall establish revised procedures for expeditiously clearing

2 individuals whose names have been mistakenly placed on

3 a terrorist database list or who have names identical or

4 similar to individuals on a terrorist database list. The Sec5 retary shall advise Congress of the procedures established.

6 SEC. 565. Of the amount appropriated or otherwise

7 made available by title II of this Act under the heading

8 ‘‘UNITED STATES COAST GUARD’’, ‘‘OPERATING EX9 PENSES’’, $13,934,000 may be available for the purpose of

10 the National Capital Region Air Defense mission of the

11 Coast Guard.

12 SEC. 566. (a) The Congress makes the following find13 ings:

14 (1) Domestic methamphetamine production in

15 both small-and large-scale laboratories is decreasing

16 as a result of law enforcement pressure and public

17 awareness campaigns.

18 (2) It is now estimated that 80 percent of meth19 amphetamine consumed in the United States origi20 nates in Mexico and is smuggled into the United

21 States.

22 (3) The movement of methamphetamine into the

23 United States poses new law enforcement challenges

24 at the border, in the financial system, and in commu25 nities affected by methamphetamine.
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1 (4) Customs and Border Protection is working to

2 stop the spread of methamphetamine by examining

3 the movement of the drug and its precursors at the

4 borders and points of entry.

5 (5) Customs and Border Protection is a vital

6 source of information for the Drug Enforcement Ad7 ministration and other law enforcement agencies.

8 (b) It is the sense of the Senate that Customs and Bor9 der Protection should continue to focus on methamphet10 amine in its reporting and analysis of trade flows to pre11 vent the spread of methamphetamine throughout the United

12 States.

13 SEC. 567. Not later than 30 days after the date of en14 actment of this Act, the Secretary of Homeland Security

15 shall submit to the Committee on Appropriations a report

16 addressing the compliance by the Department of Homeland

17 Security with the recommendations set forth in the July

18 6, 2006, Inspector General of Homeland Security report en19 titled ‘‘Progress in Developing the National Asset Data20 base’’. The report shall include the status of the

21 prioritization of assets by the Department of Homeland Se22 curity into high-value, medium-value, and low-value asset

23 tiers, and how such tiers will be used by the Secretary of

24 Homeland Security in the issuance of grant funds.
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1 SEC. 568. (a) Not later than 60 days after the initi2 ation of any contract relating to the Secure Border Initia3 tive that is valued at more than $20,000,000, and upon the

4 conclusion of the performance of such contract, the Inspector

5 General of the Department of Homeland Security shall re6 view each action relating to such contract to determine

7 whether such action fully complies with applicable cost re8 quirements, performance objectives, program milestones, in9 clusion of small, minority-owned, and women-owned busi10 nesses, and time lines.

11 (b) If a contract review under subsection (a) uncovers

12 information regarding improper conduct or wrongdoing,

13 the Inspector General shall, as expeditiously as practicable,

14 submit such information to the Secretary of Homeland Se15 curity, or to another appropriate official of the Department

16 of Homeland Security, who shall determine if the contractor

17 should be suspended from further participation in the Se18 cure Border Initiative.

19 (c) Upon the completion of each review under sub20 section (a), the Inspector General shall submit a report to

21 the Secretary that contains the findings of the review, in22 cluding findings regarding—

23 (1) cost overruns;

24 (2) significant delays in contract execution;
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1 (3) lack of rigorous departmental contract man2 agement;

3 (4) insufficient departmental financial oversight;

4 (5) contract bundling that limits the ability of

5 small businesses to compete; or

6 (6) other high risk business practices.

7 (d)(1) Not later than 30 days after the receipt of each

8 report submitted under subsection (c), the Secretary shall

9 submit a report to the congressional committees listed in

10 paragraph (3) that describes—

11 (A) the findings of the report received from the

12 Inspector General; and

13 (B) the steps the Secretary has taken, or plans

14 to take, to address the problems identified in the re15 port.

16 (2) Not later than 60 days after the initiation of each

17 contract action with a company whose headquarters is out18 side of the United States, the Secretary shall submit a re19 port regarding the Secure Border Initiative to the congres20 sional committees listed in paragraph (3).

21 (3) The congressional committees listed in this para22 graph are—

23 (A) the Committee on Appropriations of the Sen24 ate;
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1 (B) the Committee on Appropriations of the

2 House of Representatives;

3 (C) the Committee on the Judiciary of the Sen4 ate;

5 (D) the Committee on the Judiciary of the House

6 of Representatives;

7 (E) the Committee on Homeland Security and

8 Governmental Affairs of the Senate; and

9 (F) the Committee on Homeland Security of the

10 House of Representatives.

11 SEC. 569. Of the amount appropriated by title VI for

12 Customs and Border Protection for Air and Marine Inter13 diction, Operations, Maintenance, and Procurement, such

14 funds as are necessary may be available for the establish15 ment of the final Northern border air wing site in Michi16 gan.

17 SEC. 570. None of the funds appropriated by this Act

18 shall be used for the seizure of a firearm based on the exist19 ence of a declaration or state of emergency.

20 SEC. 571. PILOT INTEGRATED SCANNING SYSTEM. (a)

21 DESIGNATIONS.—

22 (1) IN GENERAL.—Not later than 90 days after

23 the date of the enactment of this Act, the Secretary of

24 Homeland Security (referred to in this section as the

25 ‘‘Secretary’’) shall designate 3 foreign seaports
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1 through which containers pass or are transshipped to

2 the United States to pilot an integrated scanning sys3 tem that couples nonintrusive imaging equipment

4 and radiation detection equipment, which may be

5 provided by the Megaports Initiative of the Depart6 ment of Energy. In making designations under this

7 subsection, the Secretary shall consider 3 distinct

8 ports with unique features and differing levels of

9 trade volume.

10 (2) COLLABORATION AND COOPERATION.—The

11 Secretary shall collaborate with the Secretary of En12 ergy and cooperate with the private sector and host

13 foreign government to implement the pilot program

14 under this subsection.

15 (b) IMPLEMENTATION.—Not later than 1 year after the

16 date of the enactment of this Act, the Secretary shall achieve

17 a full-scale implementation of the pilot integrated screening

18 system, which shall—

19 (1) scan all containers destined for the United

20 States that transit through the terminal;

21 (2) electronically transmit the images and infor22 mation to the container security initiative personnel

23 in the host country and/or Customs and Border Pro24 tection personnel in the United States for evaluation

25 and analysis;
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1 (3) resolve every radiation alarm according to

2 established Department procedures;

3 (4) utilize the information collected to enhance

4 the Automated Targeting System or other relevant

5 programs; and

6 (5) store the information for later retrieval and

7 analysis.

8 (c) REPORT.—Not later than 120 days after achieving

9 full-scale implementation under subsection (b), the Sec10 retary, in consultation with the Secretary of Energy and

11 the Secretary of State, shall submit a report, to the appro12 priate congressional committees, that includes—

13 (1) an evaluation of the lessons derived from the

14 pilot program implemented under this section;

15 (2) an analysis of the efficacy of the Automated

16 Targeted System or other relevant programs in uti17 lizing the images captured to examine high-risk con18 tainers;

19 (3) an evaluation of software that is capable of

20 automatically identifying potential anomalies in

21 scanned containers; and

22 (4) a plan and schedule to expand the integrated

23 scanning system developed under this section to other

24 container security initiative ports.
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1 (d) IMPLEMENTATION.—As soon as practicable and

2 possible after the date of enactment of this Act, an inte3 grated scanning system shall be implemented to scan all

4 containers entering the United States prior to arrival in

5 the United States.

6 SEC. 572. EXPANSION OF THE NATIONAL INFRASTRUC7 TURE SIMULATION AND ANALYSIS CENTER.

8 (a) DEFINITIONS.—In this section:

9 (1) CRITICAL INFRASTRUCTURE.—The term

10 ‘‘critical infrastructure’’ has the meaning given the

11 term in section 1016(e) of the USA PATRIOT Act

12 (42 U.S.C. 5195c(e)).

13 (2) EMERGENCY AND MAJOR DISASTER.—The

14 terms ‘‘emergency’’ and ‘‘major disaster’’ have the

15 meanings given the terms in section 102 of the Robert

16 T. Stafford Disaster Relief and Emergency Assistance

17 Act (42 U.S.C. 5122).

18 (3) NATIONAL INFRASTRUCTURE SIMULATION

19 AND ANALYSIS CENTER.—The term ‘‘National Infra20 structure Simulation and Analysis Center’’ means the

21 National Infrastructure Simulation and Analysis

22 Center established under section 1016(d) of the USA

23 PATRIOT Act (42 U.S.C. 5195c(d)).

24 (4) PROTECT.—The term ‘‘protect’’ means to re25 duce the vulnerability of critical infrastructure in
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1 order to deter, mitigate, or neutralize an emergency,

2 natural disaster, terrorist attack, or other cata3 strophic event.

4 (b) AUTHORITY.—

5 (1) IN GENERAL.—The National Infrastructure

6 Simulation and Analysis Center shall serve as a

7 source of national competence to address critical in8 frastructure protection and continuity through sup9 port for activities related to—

10 (A) counterterrorism, threat assessment, and

11 risk mitigation; and

12 (B) an emergency, natural disaster, ter13 rorist attack, or other catastrophic event.

14 (2) INFRASTRUCTURE MODELING.—

15 (A) PARTICULAR SUPPORT.—The support

16 provided under paragraph (1) shall include mod17 eling, simulation, and analysis of the systems

18 comprising critical infrastructure, in order to

19 enhance critical infrastructure preparedness,

20 protection, response, and recovery activities.

21 (B) RELATIONSHIP WITH OTHER AGEN22 CIES.—Each Federal agency and department

23 with critical infrastructure responsibilities under

24 Homeland Security Presidential Directive 7, or

25 any successor to such directive, shall establish a
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1 formal relationship, including an agreement re2 garding information sharing, between the ele3 ments of such agency or department and the Na4 tional Infrastructure Simulation and Analysis

5 Center.

6 (C) PURPOSE.—

7 (i) IN GENERAL.—The purpose of the

8 relationship under subparagraph (B) shall

9 be to permit each Federal agency and de10 partment described in subparagraph (B) to

11 take full advantage of the capabilities of the

12 National Infrastructure Simulation and

13 Analysis Center consistent with its work14 load capacity and priorities (particularly

15 vulnerability and consequence analysis) for

16 real-time response to reported and projected

17 emergencies, natural disasters, terrorist at18 tacks, or other catastrophic events.

19 (ii) RECIPIENT OF CERTAIN SUP20 PORT.—Modeling, simulation, and analysis

21 provided under this subsection shall be pro22 vided to relevant Federal agencies and de23 partments, including Federal agencies and

24 departments with critical infrastructure re25 sponsibilities under Homeland Security
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1 Presidential Directive 7, or any successor to

2 such directive.

3 SEC. 573. Notwithstanding any other provisions of

4 law, the Secretary of Homeland Security shall consult with

5 National Council on Radiation Protection and Measure6 ments (in this section referred to as the ‘‘NCRP’’) and other

7 qualified organizations and government organizations in

8 preparing guidance and recommendations for emergency

9 responders, to assist recovery operations, and to protect the

10 general public with respect to radiological terrorism,

11 threats, and events.

12 SEC. 574. The Comptroller General shall provide a re13 port to the Senate and House Committees on Appropria14 tions no later than thirty days after enactment describing

15 the impact on public safety and on the effectiveness of

16 screening operations resulting from the modification of the

17 list of items prohibited from being carried aboard a pas18 senger aircraft operated by an air carrier or foreign air

19 carrier in air transportation or intrastate air transpor20 tation set forth in section 1540 of title 49, Code of Federal

21 Regulations, as of December 1, 2005, to be carried aboard

22 a passenger aircraft.
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1 TITLE VI

2 BORDER SECURITY INFRASTRUCTURE

3 ENHANCEMENTS

4 SEC. 601. (a) Notwithstanding any other provision of

5 law, the Secretary of Homeland Security shall adjust fees

6 charged by the Department against any non-United States

7 citizen by notice in the Federal Register no later than Janu8 ary 1, 2007, to achieve not less than $350,000,000 in addi9 tional receipts by September 30, 2007: Provided, That the

10 Secretary may adjust only those fees authorized under the

11 Immigration and Nationality Act and the Illegal Immigra12 tion Reform and Immigrant Responsibility Act: Provided

13 further, That this adjustment shall be in addition to fees

14 authorized under 8 United States Code 1356.

15 (b) Amounts collected under subsection (a) shall be de16 posited in the accounts as provided by 8 United States Code

17 1356: Provided, That of the total amount collected pursuant

18 to subsection (a) the Secretary shall transfer the following

19 amounts:

20 (1) $25,000,000 to Customs and Border Protec21 tion ‘‘Salaries and Expenses’’ for vehicle replacement;

22 (2) $105,000,000 to Customs and Border Protec23 tion ‘‘Air and Marine Interdiction, Operations,

24 Maintenance, and Procurement’’ for air asset replace25 ment and air operations facilities upgrades;
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1 (3) $90,000,000 to Customs and Border Protec2 tion ‘‘Construction’’;

3 (4) $30,000,000 to Immigration and Customs

4 Enforcement ‘‘Salaries and Expenses’’ for vehicle re5 placement; and,

6 (5) $15,000,000 to Immigration and Customs

7 Enforcement ‘‘Automation Modernization’’.

8 (c) Of the total amount collected pursuant to subsection

9 (a) $85,000,000 shall be made available to United States

10 Citizenship and Immigration Services: Provided, That of

11 the additional amount available, $47,000,000 shall be for

12 Business Transformation and $38,000,000 shall be for

13 Fraud Detection and National Security initiatives.

14 (d) Amounts deposited under paragraph (b) shall re15 main available until expended for the activities and services

16 described in paragraphs (b) and (c).

17 TITLE VII

18 SUPPLEMENTAL APPROPRIATIONS FOR PORT

19 SECURITY ENHANCEMENTS

20 The following sums are appropriated, out of any

21 money in the Treasury not otherwise appropriated, to en22 hance port security for the fiscal year ending September

23 30, 2006, and for other purposes, namely:
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1 CUSTOMS AND BORDER PROTECTION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $251,000,000, to remain available until expended.

5 UNITED STATES COAST GUARD

6 OPERATING EXPENSES

7 For an additional amount for ‘‘Operating Expenses’’,

8 $23,000,000, to remain available until expended: Provided,

9 That funding is available to accelerate foreign port security

10 assessments, conduct domestic port vulnerability assess11 ments, and perform unscheduled security audits of facilities

12 regulated by chapter 701 of title 46, United States Code,

13 commonly known as the Maritime Transportation Security

14 Act of 2002.

15 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

16 For an additional amount for ‘‘Acquisition, Construc17 tion, and Improvements’’ for acquisition, construction, ren18 ovation, and improvement of vessels, aircraft, and equip19 ment, $184,000,000 for the Integrated Deepwater Systems

20 program, to remain available until expended: Provided,

21 That funding is available to acquire maritime patrol air22 craft and parent craft patrol boats, to provide armed heli23 copter capability, and to sustain the medium endurance

24 cutter fleet.
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1 OFFICE FOR DOMESTIC PREPAREDNESS

2 STATE AND LOCAL PROGRAMS

3 For an additional amount for ‘‘State and Local Pro4 grams’’, $190,000,000 to remain available until September

5 30, 2007: Provided, That the entire amount shall be for port

6 security grants pursuant to the purposes of subsection (a)

7 through (h) of section 70107 of title 46, United States Code,

8 which shall be awarded based on risk notwithstanding sub9 section (a), for eligible costs as defined in paragraphs (2),

10 (3), and (4) of subsection (b).

11 TITLE VIII

12 UNITED STATES EMERGENCY MANAGEMENT

13 AUTHORITY

14 SEC. 801. SHORT TITLE.

15 This title may be cited as the ‘‘United States Emer16 gency Management Authority Act of 2006’’.

17 SEC. 802. UNITED STATES EMERGENCY MANAGEMENT

18 AUTHORITY.

19 Title V of the Homeland Security Act of 2002 (6

20 U.S.C. 311 et seq.) is amended—

21 (1) by striking the title heading and inserting

22 the following:

23 ‘‘TITLE V—NATIONAL PREPARED24 NESS AND RESPONSE’’;

25 (2) by striking sections 501 through 503;
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1 (3) by striking sections 506 and 507;

2 (4) by redesignating sections 504, 505, 508, and

3 509 as sections 521, 522, 523, and 524, respectively;

4 (5) by redesignating section 510 (relating to pro5 curement of security countermeasures for the strategic

6 national stockpile) as section 525;

7 (6) by redesignating section 510 (relating to

8 urban and other high risk area communications capa9 bilities) as section 526; and

10 (7) by inserting before section 521, as so redesig11 nated by this section, the following:

12 ‘‘SEC. 501. DEFINITIONS.

13 ‘‘In this title—

14 ‘‘(1) the term ‘all-hazards-plus’ means an ap15 proach to preparedness, response, recovery, and miti16 gation that emphasizes the development of capabilities

17 that are common to natural and man-made disasters,

18 while also including the development of capabilities

19 that are uniquely relevant to specific types of disas20 ters;

21 ‘‘(2) the term ‘Authority’ means the United

22 States Emergency Management Authority established

23 under section 502;

24 ‘‘(3) the term ‘Administrator’ means the Admin25 istrator of the Authority;
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1 ‘‘(4) the term ‘Federal coordinating officer’

2 means a Federal coordinating officer as described in

3 section 302 of the Robert T. Stafford Disaster Relief

4 and Emergency Assistance Act (42 U.S.C. 5143);

5 ‘‘(5) the term ‘National Advisory Council’ means

6 the National Advisory Council on Emergency Pre7 paredness and Response established under section 508;

8 ‘‘(6) the term ‘National Incident Management

9 System’ means the National Incident Management

10 System as described in the National Response Plan;

11 ‘‘(7) the term ‘National Response Plan’ means

12 the National Response Plan prepared under Home13 land Security Presidential Directive 5 or any presi14 dential directive meant to replace or augment that di15 rective;

16 ‘‘(8) the term ‘Nuclear Incident Response Team’

17 means a resource that includes—

18 ‘‘(A) those entities of the Department of En19 ergy that perform nuclear or radiological emer20 gency support functions (including accident re21 sponse, search response, advisory, and technical

22 operations functions), radiation exposure func23 tions at the medical assistance facility known as

24 the Radiation Emergency Assistance Center/
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1 Training Site (REAC/TS), radiological assist2 ance functions, and related functions; and

3 ‘‘(B) those entities of the Environmental

4 Protection Agency that perform such support

5 functions (including radiological emergency re6 sponse functions) and related functions;

7 ‘‘(9) the term ‘Regional Advisory Council’ means

8 a Regional Advisory Council on Preparedness and

9 Response established under section 503;

10 ‘‘(10) the term ‘Regional Administrator’ means a

11 Regional Administrator for Preparedness and Re12 sponse appointed under section 507;

13 ‘‘(11) the term ‘Regional Office’ means a Re14 gional Office established under section 507; and

15 ‘‘(12) the term ‘surge capacity’ means the ability

16 to rapidly and substantially increase the provision of

17 search and rescue capabilities, food, water, medicine,

18 shelter and housing, medical care, evacuation capac19 ity, staffing, including disaster assistance employees,

20 and other resources necessary to save lives and protect

21 property during a catastrophic incident, or other nat22 ural or man-made disaster.
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1 ‘‘SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AU2 THORITY.

3 ‘‘(a) IN GENERAL.—There is established in the Depart4 ment the United States Emergency Management Authority,

5 headed by an Administrator.

6 ‘‘(b) MISSION.—The mission of the Authority is to—

7 ‘‘(1) lead the Nation’s efforts to prepare for, re8 spond to, recover from, and mitigate the risks of nat9 ural and man-made disasters, including catastrophic

10 incidents;

11 ‘‘(2) partner with State and local governments

12 and emergency response providers, with other Federal

13 agencies, with the private sector, and with nongovern14 mental organizations to build a national system of

15 emergency management that can effectively and effi16 ciently utilize the full measure of the Nation’s re17 sources to respond to a catastrophic incident or other

18 natural or man-made disaster;

19 ‘‘(3) develop a Federal response capability that,

20 when necessary and appropriate, can act effectively,

21 rapidly, and proactively to deliver assistance essential

22 to saving lives or protecting or preserving property or

23 public health and safety in a natural or man-made

24 disaster;

25 ‘‘(4) fuse the Department’s emergency response,

26 preparedness, recovery, mitigation, and critical infra-
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1 structure assets into a new, integrated organization

2 that can effectively confront the challenges of a nat3 ural or man-made disaster;

4 ‘‘(5) develop and maintain robust Regional Of5 fices that will work with State and local governments

6 and emergency response providers to identify and ad7 dress regional priorities;

8 ‘‘(6) under the leadership of the Secretary, co9 ordinate with the Commandant of the Coast Guard,

10 the Director of Customs and Border Protection, the

11 Director of Immigration and Customs Enforcement,

12 the National Operations Center, and other agencies

13 and offices in the Department to take full advantage

14 of the substantial range of resources in the Depart15 ment that can be brought to bear in preparing for

16 and responding to a natural or man-made disaster;

17 ‘‘(7) carry out the provisions of the Robert T.

18 Stafford Disaster Relief and Emergency Assistance

19 Act (42 U.S.C. 5121 et seq.);

20 ‘‘(8) provide funding, training, exercises, tech21 nical assistance, planning, and other assistance, to

22 build local, State, regional, and national capabilities,

23 including communications capabilities, necessary to

24 respond to a potential natural or man-made disaster;
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1 ‘‘(9) implement an all-hazards-plus strategy for

2 preparedness that places priority on building those

3 common capabilities necessary to respond to both ter4 rorist attacks and natural disasters while also build5 ing the unique capabilities necessary to respond to

6 specific types of incidents that pose the greatest risk

7 to our Nation; and

8 ‘‘(10) promote, plan for, and facilitate the secu9 rity and resiliency of critical infrastructure and key

10 resources, including cyber infrastructure, against a

11 natural or man-made disaster, and the post-disaster

12 restoration of such critical infrastructure and key re13 sources.

14 ‘‘(c) ADMINISTRATOR.—

15 ‘‘(1) IN GENERAL.—The Administrator shall be

16 appointed by the President, by and with the advice

17 and consent of the Senate.

18 ‘‘(2) QUALIFICATIONS.—The Administrator shall

19 have not less than 5 years of executive leadership and

20 management experience in the public or private sec21 tor, significant experience in crisis management or

22 another relevant field, and a demonstrated ability to

23 manage a substantial staff and budget.
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1 ‘‘(3) REPORTING.—The Administrator shall re2 port to the Secretary, without being required to report

3 through any other official of the Department.

4 ‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY PRE5 PAREDNESS AND RESPONSE.—

6 ‘‘(A) IN GENERAL.—The Administrator is

7 the principal emergency preparedness and re8 sponse advisor to the President, the Homeland

9 Security Council, and the Secretary.

10 ‘‘(B) ADVICE AND RECOMMENDATIONS.—

11 ‘‘(i) IN GENERAL.—In presenting ad12 vice with respect to any matter to the Presi13 dent, the Homeland Security Council, or the

14 Secretary, the Administrator shall, as the

15 Administrator considers appropriate, in16 form the President, the Homeland Security

17 Council, or the Secretary, as the case may

18 be, of the range of emergency mitigation,

19 preparedness, response, and recovery op20 tions with respect to that matter.

21 ‘‘(ii) ADVICE ON REQUEST.—The Ad22 ministrator, as an emergency preparedness

23 and response advisor, shall provide advice

24 to the President, the Homeland Security

25 Council, or the Secretary on a particular
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1 matter when the President, the Homeland

2 Security Council, or the Secretary requests

3 such advice.

4 ‘‘(iii) RECOMMENDATIONS TO CON5 GRESS.—After informing the Secretary, the

6 Administrator may make such recommenda7 tions to Congress relating to emergency pre8 paredness and response as the Adminis9 trator considers appropriate.

10 ‘‘(C) RETENTION OF AUTHORITY.—Nothing

11 in this paragraph shall be construed as affecting

12 the authority of the Secretary under this Act.

13 ‘‘SEC. 503. AUTHORITIES AND RESPONSIBILITIES.

14 ‘‘(a) IN GENERAL.—The Administrator shall provide

15 Federal leadership necessary to prepare for and respond to

16 a natural or man-made disaster, including—

17 ‘‘(1) carrying out the mission to reduce the loss

18 of life and property and protect the Nation from all

19 hazards by leading and supporting the Nation in a

20 comprehensive, risk-based emergency preparedness

21 and response program of—

22 ‘‘(A) mitigation, by taking sustained ac23 tions to reduce or eliminate long-term risk to

24 people and property from hazards and their ef25 fects;
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1 ‘‘(B) preparedness, by planning, training,

2 and building the emergency preparedness and re3 sponse workforce to prepare effectively for, miti4 gate against, respond to, and recover from any

5 hazard;

6 ‘‘(C) response, by conducting emergency op7 erations to save lives and property through posi8 tioning emergency equipment, personnel, and

9 supplies, through evacuating potential victims,

10 through providing food, water, shelter, and med11 ical care to those in need, and through restoring

12 critical public services;

13 ‘‘(D) recovery, by rebuilding communities so

14 individuals, businesses, and governments can

15 function on their own, return to normal life, and

16 protect against future hazards; and

17 ‘‘(E) critical infrastructure protection, by

18 establishing an inventory of, and protections for,

19 public and private sector critical infrastructure,

20 including cyber and communications assets;

21 ‘‘(2) increasing efficiencies, by coordinating ef22 forts relating to mitigation, preparedness, response,

23 recovery, and infrastructure protection;
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1 ‘‘(3) helping to ensure the effectiveness of emer2 gency response providers in responding to a natural

3 or man-made disaster;

4 ‘‘(4) providing the Federal Government’s re5 sponse to a natural or man-made disaster,

6 including—

7 ‘‘(A) managing such response;

8 ‘‘(B) directing the Domestic Emergency

9 Support Team, the National Disaster Medical

10 System, and (when operating as an organiza11 tional unit of the Department under this title)

12 the Nuclear Incident Response Team;

13 ‘‘(C) overseeing the Metropolitan Medical

14 Response System; and

15 ‘‘(D) coordinating other Federal response

16 resources, including requiring deployment of the

17 Strategic National Stockpile, in the event of a

18 natural or man-made disaster;

19 ‘‘(5) working with Federal, State, and local gov20 ernment personnel, agencies, and authorities to build

21 a comprehensive national incident management sys22 tem to respond to a natural or man-made disaster;

23 ‘‘(6) with respect to the Nuclear Incident Re24 sponse Team (regardless of whether it is operating as
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1 an organizational unit of the Department under this

2 title)—

3 ‘‘(A) establishing standards and certifying

4 when those standards have been met;

5 ‘‘(B) conducting joint and other exercises

6 and training and evaluating performance; and

7 ‘‘(C) providing funds to the Department of

8 Energy and the Environmental Protection Agen9 cy, as appropriate, for homeland security plan10 ning, exercises and training, and equipment;

11 ‘‘(7) helping to ensure that emergency response

12 providers acquire interoperable and sustainable tech13 nology;

14 ‘‘(8) assisting the President in carrying out the

15 functions under the Robert T. Stafford Disaster Relief

16 and Emergency Assistance Act (42 U.S.C. 5121 et

17 seq.);

18 ‘‘(9) administering homeland security emergency

19 management, first responder, and other preparedness

20 grants;

21 ‘‘(10) administering and implementing the Na22 tional Response Plan, including monitoring, evalu23 ating, and ensuring the readiness of each emergency

24 support function under the National Response Plan;
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1 ‘‘(11) coordinating with the National Advisory

2 Council;

3 ‘‘(12) ensuring the protection of critical infra4 structure by—

5 ‘‘(A) carrying out the responsibilities under

6 paragraphs (2) through (6) of section 201(d);

7 ‘‘(B) helping ensure the protection and re8 siliency of key resources and critical infrastruc9 ture, including cyber infrastructure, against a

10 natural or man-made disaster; and

11 ‘‘(C) planning for, assisting with, and fa12 cilitating, the restoration of key resources and

13 critical infrastructure, including cyber infra14 structure, in the event of a natural or man-made

15 disaster;

16 ‘‘(13) establishing in each Regional Office a Re17 gional Advisory Council on Preparedness and Re18 sponse, to advise the Regional Administrator of that

19 Regional Office on emergency preparedness and re20 sponse issues specific to the region; and

21 ‘‘(14) otherwise carrying out the mission of the

22 Authority as described in section 502(b).

23 ‘‘(b) ADDITIONAL RESPONSIBILITIES RELATED TO

24 CATASTROPHIC INCIDENTS.—
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1 ‘‘(1) IN GENERAL.—The Administrator, in con2 sultation with the Secretary and other senior Depart3 ment officials, shall develop a national emergency

4 management system that is capable of responding to

5 catastrophic incidents.

6 ‘‘(2) IDENTIFICATION OF RESOURCES.—

7 ‘‘(A) IN GENERAL.—The Administrator

8 shall develop and submit to Congress annually

9 an estimate of the resources of the Authority and

10 other Federal agencies needed for and devoted

11 specifically to developing local, State, and na12 tional capabilities necessary to respond to a cat13 astrophic incident.

14 ‘‘(B) CONTENTS.—Each estimate under sub15 paragraph (A) shall include the resources both

16 necessary for and devoted to—

17 ‘‘(i) planning;

18 ‘‘(ii) training and exercises;

19 ‘‘(iii) Regional Office enhancements;

20 ‘‘(iv) staffing, including for surge ca21 pacity during a catastrophic event;

22 ‘‘(v) additional logistics capabilities;

23 ‘‘(vi) other responsibilities under the

24 Catastrophic Incident Annex of the Cata-
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1 strophic Incident Supplement of the Na2 tional Response Plan; and

3 ‘‘(vii) State and local catastrophic pre4 paredness.

5 ‘‘(c) ALL-HAZARDS-PLUS APPROACH.—In carrying

6 out this section, the Administrator shall implement an all7 hazards-plus strategy that places priority on building those

8 common capabilities necessary to prepare for, respond to,

9 recover from, and mitigate the risks of terrorist attacks and

10 natural disasters, while also building the unique capabili11 ties necessary to prepare for, respond to, recover from, and

12 mitigate the risks of specific types of incidents that pose

13 the greatest risk to the Nation.

14 ‘‘SEC. 504. AUTHORITY COMPONENTS.

15 ‘‘There are transferred to the Authority the following:

16 ‘‘(1) Except as provided in title III of the De17 partment of Homeland Security Appropriations Act,

18 2007, regarding the transfer of the National Disaster

19 Medical System, the Federal Emergency Management

20 Agency, as constituted on June 1, 2006, including all

21 of its functions, personnel, assets, components, and li22 abilities, and including the functions of the Under

23 Secretary for Federal Emergency Management relat24 ing thereto.
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1 ‘‘(2) The Directorate of Preparedness, as con2 stituted on June 1, 2006, including all of its func3 tions, personnel assets, components, and liabilities,

4 and including the functions of the Under Secretary

5 for Preparedness relating to the Directorate, as con6 stituted on that date.

7 ‘‘SEC. 505. PRESERVING THE UNITED STATES EMERGENCY

8 MANAGEMENT AUTHORITY.

9 ‘‘(a) DISTINCT ENTITY.—The Authority shall be main10 tained as a distinct entity within the Department.

11 ‘‘(b) REORGANIZATION.—Section 872 shall not apply

12 to the Authority, including any function or organizational

13 unit of the Authority.

14 ‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.—

15 ‘‘(1) IN GENERAL.—The Secretary may not sub16 stantially or significantly reduce the authorities, re17 sponsibilities, or functions of the Authority or the ca18 pability of the Authority to perform those responsibil19 ities, except as otherwise specifically provided in an

20 Act enacted after the date of enactment of the United

21 States Emergency Management Authority Act of

22 2006.

23 ‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No

24 asset, function or mission of the Authority may be di25 verted to the principal and continuing use of any
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1 other organization, unit, or entity of the Department,

2 except for details or assignments that do not reduce

3 the capability of the Authority to perform its mis4 sions.

5 ‘‘SEC. 506. DIRECTORS.

6 ‘‘(a) IN GENERAL.—There shall be in the Authority a

7 Director for Preparedness and a Director for Response and

8 Recovery, each of whom shall be appointed by the President,

9 by and with the advice and consent of the Senate, and shall

10 report to the Administrator.

11 ‘‘(b) QUALIFICATIONS.—

12 ‘‘(1) IN GENERAL.—A Director shall have—

13 ‘‘(A) not less than 5 years of—

14 ‘‘(i) executive leadership and manage15 ment experience in the public or private sec16 tor; and

17 ‘‘(ii) significant experience in crisis

18 management or another relevant field; and

19 ‘‘(B) a demonstrated ability to manage a

20 substantial staff and budget.

21 ‘‘(2) CONCURRENT EXPERIENCE.—Service during

22 any period of time may be used in meeting the re23 quirements under both clause (i) and (ii) of para24 graph (1)(A).
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1 ‘‘(c) INITIAL DIRECTORS.—The individual serving as

2 the Under Secretary for Preparedness and the individual

3 serving as the Under Secretary for the Federal Emergency

4 Management Agency on the effective date of the United

5 States Emergency Management Authority Act of 2006, may

6 serve as the Director for Preparedness and the Director of

7 Response and Recovery, respectively, until a Director for

8 Preparedness or a Director of Response and Recovery, as

9 the case may be, is appointed under subsection (a).

10 ‘‘SEC. 507. REGIONAL OFFICES.

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) REGIONAL OFFICES.—The Administrator

13 shall establish 10 Regional Offices of the Authority.

14 ‘‘(2) ADDITIONAL OFFICE.—In addition to the

15 Regional Offices established under paragraph (1), the

16 Administrator may designate the Office for National

17 Capital Region Coordination under section 882 as a

18 Regional Office.

19 ‘‘(b) MANAGEMENT OF REGIONAL OFFICES.—

20 ‘‘(1) REGIONAL ADMINISTRATOR.—Each Re21 gional Office shall be headed by a Regional Adminis22 trator for Preparedness and Response, who shall be

23 appointed by the Administrator. Each Regional Ad24 ministrator for Emergency Preparedness and Re25 sponse shall report directly to the Administrator.
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1 ‘‘(2) QUALIFICATIONS.—Each Regional Office

2 shall be headed by an individual in the Senior Execu3 tive Service qualified to act as a senior Federal co4 ordinating officer to provide strategic oversight of in5 cident management when needed.

6 ‘‘(c) RESPONSIBILITIES.—

7 ‘‘(1) IN GENERAL.—The Regional Administrator

8 shall work in partnership with State and local gov9 ernments, emergency managers, emergency response

10 providers, medical providers, the private sector, non11 governmental organizations, multijurisdictional coun12 cils of governments, and regional planning commis13 sions and organizations in the geographical area

14 served by the Regional Office to carry out the respon15 sibilities of a Regional Administrator under this sec16 tion.

17 ‘‘(2) RESPONSIBILITIES.—The responsibilities of

18 a Regional Administrator include—

19 ‘‘(A) ensuring effective, coordinated, and in20 tegrated regional preparedness, mitigation, re21 sponse, and recovery activities and programs for

22 natural and man-made disasters (including

23 planning, training, exercises, and professional

24 development);
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1 ‘‘(B) coordinating and integrating regional

2 preparedness, mitigation, response, and recovery

3 activities and programs for natural and man4 made disasters (including planning, training,

5 exercises, and professional development), which

6 shall include—

7 ‘‘(i) providing regional and interstate

8 planning assistance;

9 ‘‘(ii) organizing, in consultation with

10 the Administrator, regional training and

11 exercise programs;

12 ‘‘(iii) providing support and coordina13 tion officers for State and local government

14 training and exercises;

15 ‘‘(iv) participating in emergency pre16 paredness and planning activities by State,

17 regional, and local governments;

18 ‘‘(v) assisting in the development of re19 gional capabilities needed for a national

20 catastrophic response system; and

21 ‘‘(vi) helping to coordinate and develop

22 interstate agreements;

23 ‘‘(C) establishing and overseeing 1 or more

24 strike teams within the region under subsection

25 (e), which shall serve as the focal point of the
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1 Federal Government’s initial response efforts for

2 a natural or man-made disaster within that re3 gion, and otherwise building Federal response

4 capabilities to respond to a natural or man5 made disaster within that region;

6 ‘‘(D) working with the private sector to as7 sess weaknesses in critical infrastructure protec8 tion in the region and to design and implement

9 programs to address those weaknesses;

10 ‘‘(E) coordinating all activities conducted

11 under this section with other Federal depart12 ments and agencies; and

13 ‘‘(F) performing such other duties relating

14 to such responsibilities as the Administrator

15 may require.

16 ‘‘(d) AREA OFFICES.—The Administrator shall estab17 lish an Area Office for the Pacific and an Area Office for

18 the Caribbean, as components in the appropriate Regional

19 Offices.

20 ‘‘(e) REGIONAL OFFICE STRIKE TEAMS.—

21 ‘‘(1) ESTABLISHMENT.—In coordination with

22 other relevant Federal agencies, each Regional Ad23 ministrator shall establish multi-agency strike teams

24 that shall consist of—
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1 ‘‘(A) a designated Federal coordinating offi2 cer;

3 ‘‘(B) personnel trained in incident manage4 ment;

5 ‘‘(C) public affairs, response and recovery,

6 and communications support personnel;

7 ‘‘(D) a defense coordinating officer;

8 ‘‘(E) liaisons to other Federal agencies;

9 ‘‘(F) such other personnel as the Adminis10 trator or Regional Administrator determines ap11 propriate; and

12 ‘‘(G) individuals from the agencies with

13 primary responsibility for each of the emergency

14 support functions in the National Response

15 Plan, including the following:

16 ‘‘(i) Transportation.

17 ‘‘(ii) Communications.

18 ‘‘(iii) Public works and engineering.

19 ‘‘(iv) Emergency management.

20 ‘‘(v) Mass care.

21 ‘‘(vi) Housing and human services.

22 ‘‘(vii) Public health and medical serv23 ices.

24 ‘‘(viii) Urban search and rescue.

25 ‘‘(ix) Public safety and security.
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1 ‘‘(x) External affairs.

2 ‘‘(2) LOCATION OF MEMBERS.—The members of

3 each Regional Office strike team, including represent4 atives from agencies other than the Department, shall

5 be based primarily at the Regional Office that cor6 responds to that strike team.

7 ‘‘(3) COORDINATION.—Each Regional Office

8 strike team shall coordinate the training and exercises

9 of that strike team with the State and local govern10 ments and private sector and nongovernmental enti11 ties which the strike team shall support when a nat12 ural or man-made disaster occurs.

13 ‘‘(4) PREPAREDNESS.—Each Regional Office

14 strike team shall be trained, equipped, and staffed to

15 be well prepared to respond to natural and man-made

16 disasters, including catastrophic incidents.

17 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated such sums as

19 necessary to carry out this subsection.

20 ‘‘SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY

21 PREPAREDNESS AND RESPONSE.

22 ‘‘(a) ESTABLISHMENT.—Not later than 60 days after

23 the date of enactment of the United States Emergency Man24 agement Authority Act of 2006, the Secretary shall establish

25 an advisory body under section 871(a), to be known as the
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1 National Advisory Council on Emergency Preparedness

2 and Response.

3 ‘‘(b) RESPONSIBILITIES.—The National Advisory

4 Council shall advise the Administrator on all aspects of

5 emergency preparedness and response.

6 ‘‘(c) MEMBERSHIP.—

7 ‘‘(1) IN GENERAL.—The members of the National

8 Advisory Council shall be appointed by the Adminis9 trator, and shall, to the extent practicable, represent

10 a geographic (including urban and rural) and sub11 stantive cross section of State and local government

12 officials and emergency managers, and emergency re13 sponse providers, from State and local governments,

14 the private sector, and nongovernmental organiza15 tions, including as appropriate—

16 ‘‘(A) members selected from the emergency

17 preparedness and response fields, including fire

18 service, law enforcement, hazardous materials re19 sponse, emergency medical services, and emer20 gency preparedness and response personnel;

21 ‘‘(B) health scientists, emergency and inpa22 tient medical providers, and public health profes23 sionals;

24 ‘‘(C) experts representing standards setting

25 organizations;
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1 ‘‘(D) State and local government officials

2 with expertise in terrorism preparedness and

3 emergency preparedness and response;

4 ‘‘(E) elected State and local government ex5 ecutives;

6 ‘‘(F) experts in public and private sector

7 infrastructure protection, cybersecurity, and

8 communications;

9 ‘‘(G) representatives of the disabled and

10 other special needs populations; and

11 ‘‘(H) such other individuals as the Admin12 istrator determines to be appropriate.

13 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT.—

15 ‘‘(1) IN GENERAL.—Notwithstanding section

16 871(a) and subject to paragraph (2), the Federal Ad17 visory Committee Act (5 U.S.C. App.), including sub18 sections (a), (b), and (d) of section 10 of such Act,

19 and section 552b(c) of title 5, United States Code,

20 shall apply to the Advisory Council.

21 ‘‘(2) TERMINATION.—Section 14(a)(2)(B) of the

22 Federal Advisory Committee Act (5 U.S.C. App.)

23 shall not apply to the Advisory Council.
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1 ‘‘SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM IN2 TEGRATION CENTER.

3 ‘‘(a) IN GENERAL.—There is in the Authority a Na4 tional Incident Management System Integration Center.

5 ‘‘(b) RESPONSIBILITIES.—

6 ‘‘(1) IN GENERAL.—The Administrator, through

7 the National Incident Management System Integra8 tion Center, and in consultation with other Federal

9 departments and agencies and the National Advisory

10 Council, shall ensure ongoing management and main11 tenance of the National Incident Management System,

12 the National Response Plan, any other document or

13 tool in support of Homeland Security Presidential

14 Directive 5, or any other Homeland Security Presi15 dential Directive relating to incident management

16 and response.

17 ‘‘(2) SPECIFIC RESPONSIBILITIES.—The Na18 tional Incident Management System Integration Cen19 ter shall—

20 ‘‘(A) periodically review, and revise, as ap21 propriate, the National Incident Management

22 System and the National Response Plan;

23 ‘‘(B) review other matters relating to the

24 National Incident Management System and the

25 National Response Plan, as the Administrator

26 may require;
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1 ‘‘(C) develop and implement a national pro2 gram for National Incident Management System

3 and National Response Plan education and

4 awareness;

5 ‘‘(D) oversee all aspects of the National In6 cident Management System, including the devel7 opment of compliance criteria and implementa8 tion activities at Federal, State, and local gov9 ernment levels;

10 ‘‘(E) provide guidance and assistance to

11 States and local governments and emergency re12 sponse providers, in adopting the National Inci13 dent Management System; and

14 ‘‘(F) perform such other duties relating to

15 such responsibilities as the Administrator may

16 require.

17 ‘‘SEC. 510. NATIONAL OPERATIONS CENTER.

18 ‘‘(a) DEFINITION.—In this section, the term ‘situa19 tional awareness’ means information gathered from a vari20 ety of sources that, when communicated to emergency pre21 paredness and response managers and decision makers, can

22 form the basis for incident management decisionmaking.

23 ‘‘(b) ESTABLISHMENT.—There is established in the De24 partment a National Operations Center.
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1 ‘‘(c) PURPOSE.—The purposes of the National Oper2 ations Center are to—

3 ‘‘(1) coordinate the national response to any nat4 ural or man-made disaster, as determined by the Sec5 retary;

6 ‘‘(2) provide situational awareness and a com7 mon operating picture for the entire Federal Govern8 ment, and for State and local governments as appro9 priate, for an event described in paragraph (1);

10 ‘‘(3) collect and analyze information to help

11 deter, detect, and prevent terrorist acts;

12 ‘‘(4) disseminate terrorism and disaster-related

13 information to Federal, State, and local governments;

14 ‘‘(5) ensure that critical terrorism and disaster15 related information reaches government decision-mak16 ers; and

17 ‘‘(6) perform such other duties as the Secretary

18 may require.

19 ‘‘(d) RESPONSIBILITIES.—The National Operations

20 Center shall carry out the responsibilities of the Homeland

21 Security Operations Center, the National Response Coordi22 nation Center, and the Interagency Incident Management

23 Group, as constituted on September 1, 2005.
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1 ‘‘SEC. 511. CHIEF MEDICAL OFFICER.

2 ‘‘(a) IN GENERAL.—There is in the Authority a Chief

3 Medical Officer, who shall be appointed by the President,

4 by and with the advice and consent of the Senate. The Chief

5 Medical Officer shall report directly to the Administrator.

6 ‘‘(b) QUALIFICATIONS.—The individual appointed as

7 Chief Medical Officer shall possess a demonstrated ability

8 in and knowledge of medicine and public health.

9 ‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer

10 shall have the primary responsibility within the Depart11 ment for medical issues related to natural and man-made

12 disasters, including—

13 ‘‘(1) serving as the principal advisor to the Sec14 retary and the Administrator on medical and public

15 health issues;

16 ‘‘(2) coordinating the biosurveillance and detec17 tion activities of the Department;

18 ‘‘(3) ensuring internal and external coordination

19 of all medical preparedness and response activities of

20 the Department, including training, exercises, and

21 equipment support;

22 ‘‘(4) serving as the Department’s primary point

23 of contact with the Department of Agriculture, the

24 Department of Defense, the Department of Health and

25 Human Services, the Department of Transportation,

26 the Department of Veterans Affairs, and other Federal
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1 departments or agencies, on medical and public

2 health issues;

3 ‘‘(5) serving as the Department’s primary point

4 of contact for State and local government, the medical

5 community, and others within and outside the De6 partment, with respect to medical and public health

7 matters;

8 ‘‘(6) discharging, in coordination with the Under

9 Secretary for Science and Technology, the responsibil10 ities of the Department related to Project Bioshield;

11 ‘‘(7) establishing doctrine and priorities for the

12 National Disaster Medical System, consistent with the

13 National Response Plan and the National Incident

14 Management System, supervising its medical compo15 nents, and exercising predeployment operational con16 trol, including—

17 ‘‘(A) determining composition of the teams;

18 ‘‘(B) overseeing credentialing of the teams;

19 and

20 ‘‘(C) training personnel of the teams;

21 ‘‘(8) establishing doctrine and priorities for the

22 Metropolitan Medical Response System, consistent

23 with the National Response Plan and the National

24 Incident Management System;
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1 ‘‘(9) managing the Metropolitan Medical Re2 sponse System, including developing and overseeing

3 standards, plans, training, and exercises and coordi4 nating with the Office of Grants and Training on the

5 use and distribution of Metropolitan Medical Re6 sponse grants;

7 ‘‘(10) assessing and monitoring long-term health

8 issues of emergency managers and emergency response

9 providers;

10 ‘‘(11) developing and updating, in consultation

11 with the Secretary of Health and Human Services,

12 guidelines for State and local governments for med13 ical response plans for chemical, biological, radio14 logical, nuclear, or explosive weapon attacks;

15 ‘‘(12) developing, in consultation with the Sec16 retary of Health and Human Services, appropriate

17 patient tracking capabilities to execute domestic pa18 tient movement and evacuations, including a system

19 that has the capacity of electronically maintaining

20 and transmitting the health information of hospital

21 patients;

22 ‘‘(13) establishing and providing oversight for

23 the Department’s occupational health and safety pro24 gram, including workforce health; and
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1 ‘‘(14) performing such other duties relating to

2 such responsibilities as the Secretary or the Adminis3 trator may require.

4 ‘‘(d) LONG-TERM HEALTH ASSESSMENT PROGRAM.—

5 The Chief Medical Officer, in consultation with the Director

6 of the National Institute for Occupational Safety and

7 Health, shall establish a program to assess, monitor, and

8 study the health and safety of emergency managers and

9 emergency response providers, following Incidents of Na10 tional Significance declared by the Secretary under the Na11 tional Response Plan.

12 ‘‘SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS.

13 ‘‘The Administrator shall promote public and commu14 nity preparedness.

15 ‘‘SEC. 513. SAVER PROGRAM.

16 ‘‘(a) IN GENERAL.—In the Department there is a Sys17 tem Assessment and Validation for Emergency Responders

18 Program to provide impartial evaluations of emergency re19 sponse equipment and systems.

20 ‘‘(b) REQUIREMENTS.—The program established under

21 subsection (a) shall—

22 ‘‘(1) provide impartial, practitioner relevant,

23 and operationally oriented assessments and valida24 tions of emergency response provider equipment and

25 systems that have not already been third-party cer-
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1 tified to a standard adopted by the Department,

2 including—

3 ‘‘(A) commercial, off-the-shelf emergency re4 sponse provider equipment and systems in all

5 equipment list categories of the Standardized

6 Equipment List published by the Interagency

7 Board for Equipment Standardization and

8 Interoperability; and

9 ‘‘(B) such other equipment or systems as the

10 Secretary determines are appropriate;

11 ‘‘(2) provide information that enables decision12 makers and emergency response providers to better se13 lect, procure, use, and maintain emergency response

14 provider equipment or systems;

15 ‘‘(3) assess and validate the performance of prod16 ucts within a system and subsystems; and

17 ‘‘(4) provide information and feedback to emer18 gency response providers through the Responder

19 Knowledge Base of the National Memorial Institute

20 for the Prevention of Terrorism, or other appropriate

21 forum.

22 ‘‘(c) ASSESSMENT AND VALIDATION PROCESS.—The

23 assessment and validation of emergency response provider

24 equipment and systems shall use multiple evaluation tech25 niques, including—
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1 ‘‘(1) operational assessments of equipment per2 formance on vehicle platforms;

3 ‘‘(2) technical assessments on a comparative

4 basis of system component performance across makes

5 and models under controlled conditions; and

6 ‘‘(3) integrative assessments on an individual

7 basis of system component interoperability and com8 patibility with other system components.

9 ‘‘(d) PERSONAL PROTECTIVE EQUIPMENT.—To the ex10 tent practical, the assessment and validation of personal

11 protective equipment under this section shall be conducted

12 by the National Personal Protective Technology Laboratory

13 of the National Institute for Occupational Safety and

14 Health.

15 ‘‘SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYS16 TEM.

17 ‘‘(a) NATIONAL SEARCHAND RESCUE RESPONSE SYS18 TEM.—There is established in the Authority an emergency

19 response system known as the National Search and Rescue

20 Response System that provides a national network of stand21 ardized search and rescue resources to assist State and local

22 governments in responding to any natural or man-made

23 disaster.

24 ‘‘(b) ADMINISTRATION OF THE SYSTEM.—
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1 ‘‘(1) TASK FORCE PARTICIPATION.—The Admin2 istrator shall select eligible search and rescue teams

3 that are sponsored by State and local government en4 tities to participate as task forces in the National

5 Search and Rescue Response System. The Adminis6 trator shall determine the criteria for such participa7 tion.

8 ‘‘(2) AGREEMENTS WITHSPONSORING AGEN9 CIES.—The Administrator shall enter into an agree10 ment with the State or local government entity that

11 sponsors each search and rescue team selected under

12 paragraph (1) with respect the team’s participation

13 as a task force in the National Search and Rescue Re14 sponse System.

15 ‘‘(3) MANAGEMENT AND TECHNICAL TEAMS.—

16 The Administrator shall maintain such management

17 and other technical teams as are necessary to admin18 ister the National Search and Rescue Response Sys19 tem.

20 ‘‘SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM.

21 ‘‘(a) IN GENERAL.—There is in the Authority a Metro22 politan Medical Response System. Under the Metropolitan

23 Medical Response System, the Assistant Secretary for

24 Grants and Planning, in coordination with the Chief Med25 ical Officer, shall administer grants to develop, maintain,
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1 and enhance medical preparedness systems that are capable

2 of responding effectively to a public health crisis or mass3 casualty event caused by a natural or man-made disaster.

4 ‘‘(b) USE OF FUNDS.—The Metropolitan Medical Re5 sponse System shall make grants to local governments to

6 enhance any of the following activities:

7 ‘‘(1) Medical surge capacity.

8 ‘‘(2) Mass prophylaxis.

9 ‘‘(3) Chemical, biological, radiological, nuclear,

10 and explosive detection, response, and decontamina11 tion capabilities.

12 ‘‘(4) Emergency communications capabilities.

13 ‘‘(5) Information sharing and collaboration ca14 pabilities.

15 ‘‘(6) Regional collaboration.

16 ‘‘(7) Triage and pre-hospital treatment.

17 ‘‘(8) Medical supply management and distribu18 tion.

19 ‘‘(9) Fatality management.

20 ‘‘(10) Such other activities as the Secretary may

21 provide.

22 ‘‘SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COM23 PACT.

24 ‘‘(a) IN GENERAL.—The Secretary, acting through the

25 Administrator, may make grants for the purposes of admin-
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1 istering and improving the Emergency Management Assist2 ance Compact consented to by the Joint Resolution entitled

3 ‘Joint Resolution granting the consent of Congress to the

4 Emergency Management Assistance Compact’ (Public Law

5 104–321; 110 Stat. 3877).

6 ‘‘(b) USES.—A grant under this section shall be used

7 to—

8 ‘‘(1) carry out recommendations identified in

9 after-action reports for the 2004 and 2005 hurricane

10 season issued under the Emergency Management As11 sistance Compact;

12 ‘‘(2) coordinate with the Department and other

13 Federal Government agencies;

14 ‘‘(3) coordinate with State and local government

15 entities and their respective national associations;

16 ‘‘(4) assist State and local governments with

17 credentialing emergency response providers and the

18 typing of emergency response resources; or

19 ‘‘(5) administer the operations of the Emergency

20 Management Assistance Compact.

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated to the Secretary to carry out

23 this section $4,000,000 for each of fiscal years 2007 through

24 2010. Amounts appropriated under this section shall re-
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1 main available for 3 fiscal years after the date on which

2 such funds are appropriated.

3 ‘‘SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM.

4 ‘‘(a) ESTABLISHMENT.—There is established in the De5 partment an Office for the Prevention of Terrorism, which

6 shall be headed by a Director.

7 ‘‘(b) DIRECTOR.—

8 ‘‘(1) REPORTING.—The Director of the Office for

9 the Prevention of Terrorism shall report directly to

10 the Secretary.

11 ‘‘(2) QUALIFICATIONS.—The Director of the Of12 fice for the Prevention of Terrorism shall have an ap13 propriate background with experience in law enforce14 ment, intelligence, or other anti-terrorist functions.

15 ‘‘(c) ASSIGNMENT OF PERSONNEL.—

16 ‘‘(1) IN GENERAL.—The Secretary shall assign to

17 the Office for the Prevention of Terrorism permanent

18 staff and other appropriate personnel detailed from

19 other components of the Department to carry out the

20 responsibilities under this section.

21 ‘‘(2) LIAISONS.—The Secretary shall designate

22 senior employees from each component of the Depart23 ment that has significant antiterrorism responsibil24 ities to act a liaison between that component and the

25 Office for the Prevention of Terrorism.
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1 ‘‘(d) RESPONSIBILITIES.—The Director of the Office

2 for the Prevention of Terrorism shall—

3 ‘‘(1) coordinate policy and operations between

4 the Department and State and local government

5 agencies relating to preventing acts of terrorism with6 in the United States;

7 ‘‘(2) serve as a liaison between State and local

8 law enforcement agencies and the Department;

9 ‘‘(3) in coordination with the Office of Intel10 ligence, develop better methods for the sharing of intel11 ligence with State and local law enforcement agencies;

12 ‘‘(4) work with the Assistant Secretary of the Of13 fice of Grants and Training to ensure that homeland

14 security grants to State and local agencies, including

15 the Law Enforcement Terrorism Prevention Program,

16 Commercial Equipment Direct Assistance Program,

17 grants for fusion centers, and other law enforcement

18 programs are adequately focused on terrorism preven19 tion activities; and

20 ‘‘(5) coordinate with the Authority, the Depart21 ment of Justice, the National Institute of Justice, law

22 enforcement organizations, and other appropriate en23 tities to develop national voluntary consensus stand24 ards for training and personal protective equipment
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1 to be used in a tactical environment by law enforce2 ment officers.

3 ‘‘(e) PILOT PROJECT.—

4 ‘‘(1) IN GENERAL.—The Director of the Office for

5 the Prevention of Terrorism, in coordination with the

6 Director for Response, shall establish a pilot project

7 to determine the efficacy and feasibility of estab8 lishing law enforcement deployment teams.

9 ‘‘(2) FUNCTION.—The law enforcement deploy10 ment teams participating in the pilot program under

11 this subsection shall form the basis of a national net12 work of standardized law enforcement resources to as13 sist State and local governments in responding to a

14 natural or man-made disaster.

15 ‘‘(f) CONSTRUCTION.—Nothing in this section may be

16 construed to affect the roles or responsibilities of the Depart17 ment of Justice.

18 ‘‘SEC. 518. DEPARTMENT OFFICIALS.

19 ‘‘(a) CYBERSECURITY AND TELECOMMUNICATIONS.—

20 There is in the Department an Assistant Secretary for

21 Cybersecurity and Telecommunications.

22 ‘‘(b) UNITED STATES FIRE ADMINISTRATION.—The

23 Administrator of the United States Fire Administration

24 shall have a rank equivalent to an assistant secretary of

25 the Department.
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1 ‘‘SEC. 519. CREDENTIALING.

2 ‘‘(a) DEFINITIONS.—In this section—

3 ‘‘(1) the term ‘credential’ means to provide docu4 mentation that can authenticate and verify the quali5 fications and identity of managers of incidents, emer6 gency response providers, and other appropriate per7 sonnel including by ensuring that such personnel pos8 sess a minimum common level of training, experience,

9 physical and medical fitness, and capability appro10 priate for their position;

11 ‘‘(2) the term ‘credentialing’ means evaluating

12 an individual’s qualifications for a specific position

13 under guidelines created in this section and assigning

14 such individual a qualification under the standards

15 developed in this section; and

16 ‘‘(3) the term ‘credentialed’ means an individual

17 has been evaluated for a specific position under the

18 guidelines created under this section.

19 ‘‘(b) REQUIREMENTS.—

20 ‘‘(1) IN GENERAL.—The Administrator shall

21 enter into a memorandum of understanding to col22 laborate with the Emergency Management Assistance

23 Compact and other organizations to establish, in con24 sultation with the Authority, nationwide standards

25 for credentialing all personnel who are likely to re26 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,

6 including—

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) HIGHIMPACT 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 supple-
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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’’.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 5441

AMENDMENT