In the Senate of the United States,

July 14, 2005.

Resolved, That the bill from the House of Representatives (H.R. 2360) entitled ‘‘An Act making appropriations for

the Department of Homeland Security for the fiscal year ending September 30, 2006, 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, 2006, and for other purposes, namely:
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1 TITLE I—DEPARTMENTAL MANAGEMENT AND

2 OPERATIONS

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary

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

7 Homeland Security Act of 2002 (6 U.S.C. 112), and execu8 tive management of the Department of Homeland Security,

9 as authorized by law, $124,620,000: Provided, That not to

10 exceed $40,000 shall be for official reception and representa11 tion expenses.

12 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

13 For necessary expenses of the Office of the Under Sec14 retary for Management, as authorized by sections 701–705

15 of the Homeland Security Act of 2002 (6 U.S.C. 341–345),

16 $146,322,000: Provided, That not to exceed $3,000 shall be

17 for official reception and representation expenses: Provided

18 further, That of the total amount provided, $26,070,000

19 shall remain available until expended solely for the alter20 ation and improvement of facilities, tenant improvements,

21 and relocation costs to consolidate Department head22 quarters operations.
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1 DEPARTMENT OF HOMELAND SECURITY WORKING

2 CAPITAL FUND

3 (RESCISSION OF FUNDS)

4 Of the unobligated balances available in the ‘‘Depart5 ment of Homeland Security Working Capital Fund’’,

6 $12,000,000 are rescinded.

7 OFFICE OF THE CHIEF FINANCIAL OFFICER

8 For necessary expenses of the Office of the Chief Finan9 cial Officer, as authorized by section 103 of the Homeland

10 Security Act of 2002 (6 U.S.C. 113), $18,325,000.

11 OFFICE OF THE CHIEF INFORMATION OFFICER

12 For necessary expenses of the Office of the Chief Infor13 mation Officer, as authorized by section 103 of the Home14 land Security Act of 2002 (6 U.S.C. 113), and Department15 wide technology investments, $286,540,000; of which

16 $75,756,000 shall be available for salaries and expenses;

17 and of which $210,784,000 shall be available for develop18 ment and acquisition of information technology equipment,

19 software, services, and related activities for the Department

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

21 narrowband communications, including the cost for oper22 ation of the land mobile radio legacy systems, to remain

23 available until expended: Provided, That of the funds made

24 available until expended under this heading, no more than

25 $33,029,000 shall be for the Homeland Secure Data Net-
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1 work: Provided further, That none of the funds appro2 priated shall be used to support or supplement the appro3 priations provided for the United States Visitor and Immi4 grant Status Indicator Technology project or the Automated

5 Commercial Environment: Provided further, That the Chief

6 Information Officer shall submit to the Committees on Ap7 propriations of the Senate and the House of Representa8 tives, not more than 60 days after enactment of the Act,

9 an expenditure plan for all information technology projects

10 that: (1) are funded by the ‘‘Office of the Chief Information

11 Officer’’, or (2) are funded by multiple components of the

12 Department of Homeland Security through reimbursable

13 agreements: Provided further, That such expenditure plan

14 shall include each specific project funded, key milestones,

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

16 lifecycle costs, and projected cost savings or cost avoidance

17 to be achieved by the project: Provided further, That the

18 expenditure plan shall include a complete list of all legacy

19 systems operational as of March 1, 2003; the current oper20 ational status of each system; and the plan for continued

21 operation or termination of each system.

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral in carrying out the provisions of the Inspector General

25 Act of 1978 (5 U.S.C. App.), $83,017,000, of which not to
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1 exceed $100,000 may be used for certain confidential oper2 ational expenses, including the payment of informants, to

3 be expended at the direction of the Inspector General.

4 TITLE II—SECURITY, ENFORCEMENT, AND

5 INVESTIGATIONS

6 BORDER AND TRANSPORTATION SECURITY

7 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

8 TRANSPORTATION SECURITY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of the Under Sec11 retary for Border and Transportation Security, as author12 ized by subtitle A of title IV of the Homeland Security Act

13 of 2002 (6 U.S.C. 201 et seq.), $9,617,000: Provided, That

14 not to exceed $3,000 shall be for official reception and rep15 resentation expenses.

16 UNITED STATES VISITOR AND IMMIGRANT STATUS

17 INDICATOR TECHNOLOGY

18 For necessary expenses for the development of the

19 United States Visitor and Immigrant Status Indicator

20 Technology project, as authorized by section 110 of the Ille21 gal Immigration Reform and Immigration Responsibility

22 Act of 1996 (8 U.S.C. 1221 note), $340,000,000, to remain

23 available until expended: Provided, That of the total

24 amount made available under this heading, $159,658,000

25 may not be obligated for the United States Visitor and Im26 migrant Status Indicator Technology project until the Com-
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1 mittees on Appropriations of the Senate and the House of

2 Representatives receive and approve a plan for expenditure

3 prepared by the 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 enterprise information systems 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.
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1 CUSTOMS AND BORDER PROTECTION

2 SALARIES AND EXPENSES

3 (INCLUDING RESCISSION OF FUNDS)

4 For necessary expenses for enforcement of laws relating

5 to border security, immigration, customs, and agricultural

6 inspections and regulatory activities related to plant and

7 animal imports; acquisition, lease, maintenance and oper8 ation of aircraft; purchase and lease of up to 4,500 (3,935

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

10 with individuals for personal services abroad;

11 $4,922,600,000; of which $3,000,000 shall be derived from

12 the Harbor Maintenance Trust Fund for administrative ex13 penses related to the collection of the Harbor Maintenance

14 Fee pursuant to section 9505(c)(3) of the Internal Revenue

15 Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding

16 section 1511(e)(1) of the Homeland Security Act of 2002

17 (6 U.S.C. 551(e)(1)); of which not to exceed $35,000 shall

18 be for official reception and representation expenses; of

19 which not less than $146,560,000 shall be for Air and Ma20 rine Operations; of which not to exceed $49,980,000 shall

21 remain available until September 30, 2007, for inspection

22 and surveillance technology, unmanned aerial vehicles,

23 which may be deployed between ports of entry along the

24 southwestern border of the United States, taking into con25 sideration the particular security risks in the area and the

26 need for constant surveillance of such border, and replace-
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1 ment aircraft; of which such sums as become available in

2 the Customs User Fee Account, except sums subject to sec3 tion 13031(f)(3) of the Consolidated Omnibus Budget Rec4 onciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be de5 rived from that account; of which not to exceed $150,000

6 shall be available for payment for rental space in connec7 tion with preclearance operations; of which not to exceed

8 $1,000,000 shall be for awards of compensation to inform9 ants, to be accounted for solely under the certificate of the

10 Secretary of Homeland Security; and of which not to exceed

11 $5,000,000 shall be available for payments or advances

12 arising out of contractual or reimbursable agreements with

13 State and local law enforcement agencies while engaged in

14 cooperative activities related to immigration: Provided,

15 That for fiscal year 2006, the overtime limitation prescribed

16 in section 5(c)(1) of the Act of February 13, 1911 (19

17 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding

18 any other provision of law, none of the funds appropriated

19 in this Act may be available to compensate any employee

20 of United States Customs and Border Protection for over21 time, from whatever source, in an amount that exceeds such

22 limitation, except in individual cases determined by the

23 Secretary of Homeland Security, or the designee of the Sec24 retary, to be necessary for national security purposes, to
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1 prevent excessive costs, or in cases of immigration emer2 gencies.

3 In addition, of the funds appropriated under the head4 ing ‘‘Customs and Border Protection’’ in chapter 6 of title

5 I of Public Law 108–11 (117 Stat. 581), $14,400,000 are

6 rescinded.

7 AUTOMATION MODERNIZATION

8 For expenses for customs and border protection auto9 mated systems, $458,009,000, to remain available until ex10 pended, of which not less than $321,690,000 shall be for

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

13 under this heading may be obligated for the Automated

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

16 receive and approve a plan for expenditure prepared by the

17 Secretary of Homeland Security that:

18 (1) meets the capital planning and investment

19 control review requirements established by the Office

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

21 part 7;

22 (2) complies with the Department of Homeland

23 Security’s enterprise information systems architec24 ture;
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1 (3) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition manage3 ment practices of the Federal Government;

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

6 that an independent verification and validation agent

7 is currently under contract for the project;

8 (5) is reviewed and approved by the Department

9 of Homeland Security Investment Review Board, the

10 Secretary of Homeland Security, and the Office of

11 Management and Budget; and

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

14 AIR AND MARINE INTERDICTION, OPERATIONS,

15 MAINTENANCE, AND PROCUREMENT

16 For necessary expenses for the operations, mainte17 nance, and procurement of marine vessels, aircraft, and

18 other related equipment of the air and marine program,

19 including operational training and mission-related travel,

20 and rental payments for facilities occupied by the air or

21 marine interdiction and demand reduction programs, the

22 operations of which include the following: the interdiction

23 of narcotics and other goods; the provision of support to

24 Federal, State, and local agencies in the enforcement or ad25 ministration of laws enforced by the Department of Home26 land Security; and at the discretion of the Secretary of
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1 Homeland Security, the provision of assistance to Federal,

2 State, and local agencies in other law enforcement and

3 emergency humanitarian efforts, $320,580,000, to remain

4 available until expended: Provided, That no aircraft or

5 other related equipment, with the exception of aircraft that

6 are one of a kind and have been identified as excess to

7 United States Customs and Border Protection requirements

8 and aircraft that have been damaged beyond repair, shall

9 be transferred to any other Federal agency, department, or

10 office outside of the Department of Homeland Security dur11 ing fiscal year 2006 without the prior approval of the Com12 mittees on Appropriations of the Senate and the House of

13 Representatives.

14 CONSTRUCTION

15 For necessary expenses to plan, construct, renovate,

16 equip, and maintain buildings and facilities necessary for

17 the administration and enforcement of the laws relating to

18 customs and immigration, $311,381,000, to remain avail19 able until expended: Provided, That of the total amount

20 provided under this heading, $55,000,000 shall be available

21 solely for the completion of the San Diego Sector fence and

22 $55,000,000 shall be available solely for Tuscon sector tac23 tical infrastructure.
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1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigration

4 and customs laws, detention and removals, and investiga5 tions; and purchase and lease of up to 2,300 (2,000 for re6 placement only) police-type vehicles, $3,052,416,000, of

7 which not to exceed $5,000,000 shall be available until ex8 pended for conducting special operations pursuant to sec9 tion 3131 of the Customs Enforcement Act of 1986 (19

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

11 official reception and representation expenses; of which not

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

13 to informants, to be accounted for solely under the certifi14 cate of the Secretary of Homeland Security; of which not

15 less than $102,000 shall be for promotion of public aware16 ness of the child pornography tipline; of which not less than

17 $203,000 shall be for Project Alert, of which not less than

18 $5,000,000 may be used to facilitate agreements consistent

19 with 287(g) of the Immigration and Nationality Act (8

20 U.S.C. 1357(g)) and the training required under those

21 agreements; of which no less than $1,000,000 may be used

22 for increasing the speed, accuracy and efficiency of the in23 formation currently being entered into the National Crime

24 Information Center database; of which no less than

25 $2,000,000 may be for the Legal Orientation Program; and
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1 of which not to exceed $11,216,000 shall be available to fund

2 or reimburse other Federal agencies for the costs associated

3 with the care, maintenance, and repatriation of smuggled

4 illegal aliens: Provided, That none of the funds made avail5 able under this heading shall be available to compensate

6 any employee for overtime in an annual amount in excess

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

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

9 as necessary for national security purposes and in cases of

10 immigration emergencies: Provided further, That of the

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

12 to enforce laws against forced child labor in fiscal year

13 2006, of which not to exceed $6,000,000 shall remain avail14 able until expended.

15 FEDERAL AIR MARSHALS

16 For necessary expenses of the Federal Air Marshals,

17 $678,994,000.

18 FEDERAL PROTECTIVE SERVICE

19 The revenues and collections of security fees credited

20 to this account, not to exceed $487,000,000, shall be avail21 able until expended for necessary expenses related to the

22 protection of federally-owned and leased buildings and for

23 the operations of the Federal Protective Service.

24 AUTOMATION MODERNIZATION

25 For expenses of immigration and customs enforcement

26 automated systems, $50,150,000, to remain available until
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1 expended: Provided, That none of the funds made available

2 under this heading may be obligated until the Committees

3 on Appropriations of the Senate and the House of Rep4 resentatives receive and approve a plan for expenditure pre5 pared by the Secretary of Homeland Security 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 enterprise information systems 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 CONSTRUCTION

2 For necessary expenses to plan, construct, renovate,

3 equip, and maintain buildings and facilities necessary for

4 the administration and enforcement of the laws relating to

5 customs and immigration, $26,546,000, to remain available

6 until expended.

7 TRANSPORTATION SECURITY ADMINISTRATION

8 AVIATION SECURITY

9 For necessary expenses of the Transportation Security

10 Administration related to providing civil aviation security

11 services pursuant to the Aviation and Transportation Secu12 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C.

13 40101 note), $4,452,318,000, to remain available until Sep14 tember 30, 2007, of which not to exceed $3,000 shall be for

15 official reception and representation expenses: Provided,

16 That of the total amount made available under this head17 ing, not to exceed $3,391,948,000 shall be for screening oper18 ations, of which $180,000,000 shall be available only for

19 procurement of checked baggage explosive detection systems

20 and $14,000,000 shall be available only for installation of

21 checked baggage explosive detection systems; and not to ex22 ceed $1,060,370,000 shall be for aviation security direction

23 and enforcement presence: Provided further, That of the

24 amount made available under this heading, an amount

25 shall be available for the Transportation Security Adminis-
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1 tration to develop a plan to research, test, and potentially

2 implement multi-compartment bins to screen passenger be3 longings at security checkpoints: Provided further, That se4 curity service fees authorized under section 44940 of title

5 49, United States Code, shall be credited to this appropria6 tion as offsetting collections: Provided further, That the sum

7 herein appropriated from the General Fund shall be reduced

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

9 received during fiscal year 2006, so as to result in a final

10 fiscal year appropriation from the General Fund estimated

11 at not more than $2,462,318,000: Provided further, That

12 any security service fees collected in excess of the amount

13 made available under this heading shall become available

14 during fiscal year 2007: Provided further, That if the Sec15 retary of Homeland Security exercises discretion to set the

16 fee under 44940(a)(2) of title 49 United States Code, such

17 determination shall not be subject to judicial review: Pro18 vided further, That notwithstanding section 503 of this Act,

19 the Transportation Security Administration may reallocate

20 funding provided under this heading from passenger and

21 baggage screener pay, compensation, and benefits to pro22 curement and installation of screening technology with fif23 teen days advance notification to the Committees on Appro24 priations of the Senate and House of Representatives: Pro25 vided further, That notwithstanding section 44923 of title
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1 49, United States Code, the share of the cost of the Federal

2 Government for a project under any letter of intent shall

3 be 75 percent for any medium or large hub airport: Pro4 vided further, That heads of Federal agencies and commis5 sions shall not be exempt from Federal passenger and bag6 gage screening: Provided further, That reimbursement for

7 security services and related equipment and supplies pro8 vided in support of general aviation access to the Ronald

9 Reagan Washington National Airport shall be credited to

10 this appropriation and shall be available until expended

11 solely for these purposes: Provided further, That

12 MidAmerica St. Louis Airport in Mascoutah, Illinois, shall

13 be designated as a port of entry.

14 SURFACE TRANSPORTATION SECURITY

15 For necessary expenses of the Transportation Security

16 Administration related to providing surface transportation

17 activities, $36,000,000.

18 TRANSPORTATION VETTING AND CREDENTIALING

19 For necessary expenses for the development and imple20 mentation of screening programs by the Office of Transpor21 tation Vetting and Credentialing, $74,996,000.

22 TRANSPORTATION SECURITY SUPPORT

23 For necessary expenses of the Transportation Security

24 Administration related to providing security support and

25 intelligence pursuant to the Aviation and Transportation
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1 Security Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C.

2 40101 note), $491,873,000.

3 UNITED STATES COAST GUARD

4 OPERATING EXPENSES

5 (INCLUDING RESCISSION OF FUNDS)

6 For necessary expenses for the operation and mainte7 nance of the United States Coast Guard not otherwise pro8 vided for, purchase or lease of not to exceed 25 passenger

9 motor vehicles for replacement only, payments pursuant to

10 section 156 of Public Law 97–377 (42 U.S.C. 402 note) and

11 recreation and welfare, $5,476,046,000, of which

12 $1,200,000,000 shall be for defense-related activities; of

13 which $24,500,000 shall be derived from the Oil Spill Li14 ability Trust Fund to carry out the purposes of section

15 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.

16 2712(a)(5)); and of which not to exceed $3,000 shall be for

17 official reception and representation expenses: Provided,

18 That none of the funds made available by this or any other

19 Act shall be available for administrative expenses in connec20 tion with shipping commissioners in the United States:

21 Provided further, That none of the funds made available

22 by this Act shall be for expenses incurred for yacht docu23 mentation under section 12109 of title 46, United States

24 Code, except to the extent fees are collected from yacht own25 ers and credited to this appropriation.
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1 In addition, of the funds appropriated under this

2 heading in Public Law 108–11 (117 Stat. 583),

3 $16,800,000 are rescinded.

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, $12,000,000, 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; $119,000,000.

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 $1,224,800,000, of which $20,000,000 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 $18,500,000 shall be available

25 until September 30, 2010, to acquire, repair, renovate, or

26 improve vessels, small boats, and related equipment; of
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1 which $105,000,000 shall be available until September 30,

2 2008, for other equipment; of which $39,700,000 shall be

3 available until September 30, 2008, for shore facilities and

4 aids to navigation facilities; of which $73,000,000 shall be

5 available for personnel compensation and benefits and re6 lated costs; and of which $988,600,000 shall be available

7 until September 30, 2010, for the Integrated Deepwater

8 Systems program: Provided, That the Commandant of the

9 Coast Guard is authorized to dispose of surplus real prop10 erty, by sale or lease, and the proceeds shall be credited to

11 this appropriation as offsetting collections and shall be

12 available until September 30, 2008.

13 In addition, of the funds made available under this

14 heading in Public Law 108–334 (118 Stat. 1306) for covert

15 aircraft, $13,999,000 are rescinded; and of the funds appro16 priated under this heading in Public Laws 108–334 (118

17 Stat. 1306) and 108–90 (117 Stat. 1143) for patrol boat

18 (110 foot to 123 foot conversion) and Fast Response Cutter/

19 110–123 foot patrol boat conversion, $68,999,000 are re20 scinded.

21 ALTERATION OF BRIDGES

22 For necessary expenses for alteration or removal of ob23 structive bridges as authorized by section 6 of the Truman24 Hobbs Act (33 U.S.C. 516), $15,000,000, to remain avail25 able until expended.
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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific research,

3 development, test, and evaluation, and for maintenance, re4 habilitation, lease and operation of facilities and equip5 ment, as authorized by law, $18,500,000, to remain avail6 able until expended, of which $2,000,000 shall be derived

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

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

9 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be

10 credited to and used for the purposes of this appropriation

11 funds received from State and local governments, other pub12 lic authorities, private sources, and foreign countries, for

13 expenses incurred for research, development, testing, and

14 evaluation.

15 RETIRED PAY

16 For retired pay, including the payment of obligations

17 otherwise chargeable to lapsed appropriations for this pur18 pose, payments under the Retired Serviceman’s Family

19 Protection and Survivor Benefits Plans, payment for career

20 status bonuses, concurrent receipts and combat-related spe21 cial compensation under the National Defense Authoriza22 tion Act, and payments for medical care of retired per23 sonnel and their dependents under chapter 55 of title 10,

24 United States Code, $1,014,080,000.
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1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret

4 Service, including purchase of not to exceed 614 vehicles

5 for police-type use, which shall be for replacement only, and

6 hire of passenger motor vehicles; purchase of American7 made motorcycles; hire of aircraft; services of expert wit8 nesses at such rates as may be determined by the Director

9 of the Secret Service; rental of buildings in the District of

10 Columbia, and fencing, lighting, guard booths, and other

11 facilities on private or other property not in Government

12 ownership or control, as may be necessary to perform pro13 tective functions; payment of per diem or subsistence allow14 ances to employees where a protective assignment during

15 the actual day or days of the visit of a protectee requires

16 an employee to work 16 hours per day or to remain over17 night at a post of duty; conduct of and participation in

18 firearms matches; presentation of awards; travel of Secret

19 Service employees on protective missions without regard to

20 the limitations on such expenditures in this or any other

21 Act if approval is obtained in advance from the Committees

22 on Appropriations of the Senate and the House of Rep23 resentatives; research and development; grants to conduct

24 behavioral research in support of protective research and

25 operations; and payment in advance for commercial accom-
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1 modations as may be necessary to perform protective func2 tions; $1,188,638,000, of which not to exceed $25,000 shall

3 be for official reception and representation expenses; of

4 which not to exceed $100,000 shall be to provide technical

5 assistance and equipment to foreign law enforcement orga6 nizations in counterfeit investigations; of which $2,100,000

7 shall be for forensic and related support of investigations

8 of missing and exploited children; and of which $5,000,000

9 shall be a grant for activities related to the investigations

10 of missing and exploited children and shall remain avail11 able until expended: Provided, That up to $18,000,000 pro12 vided for protective travel shall remain available until Sep13 tember 30, 2007: Provided further, That the United States

14 Secret Service is authorized to obligate funds in anticipa15 tion of reimbursements from Federal agencies and entities,

16 as defined in section 105 of title 5, United States Code,

17 receiving training sponsored by the James J. Rowley

18 Training Center, except that total obligations at the end

19 of the fiscal year shall not exceed total budgetary resources

20 available under this heading at the end of the fiscal year.

21 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

22 RELATED EXPENSES

23 For necessary expenses for acquisition, construction,

24 repair, alteration, and improvement of facilities,

25 $3,699,000, to remain available until expended.
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1 TITLE III—PREPAREDNESS AND RECOVERY

2 OFFICE OF STATE AND LOCAL GOVERNMENT

3 COORDINATION AND PREPAREDNESS

4 MANAGEMENT AND ADMINISTRATION

5 For necessary expenses for the Office of State and

6 Local Government Coordination and Preparedness,

7 $3,546,000: Provided, That not to exceed $2,000 shall be

8 for official reception and representation expenses.

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, $2,714,300,000, which shall be

14 allocated as follows:

15 (1) $1,538,000,000 for State and local grants, of

16 which $425,000,000 shall be allocated such that each

17 State and territory shall receive the same dollar

18 amount for the State minimum as was distributed in

19 fiscal year 2005 for formula-based grants, and of

20 which at least $20,000,000 shall be available for

21 interoperable communications grants: Provided, That

22 the balance shall be allocated by the Secretary of

23 Homeland Security to States, urban areas, or regions

24 based on risks; threats; vulnerabilities; and unmet es25 sential capabilities pursuant to Homeland Security

26 Presidential Directive 8 (HSPD–8).
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1 (2) $400,000,000 for law enforcement terrorism

2 prevention grants, of which $155,000,000 shall be al3 located such that each State and territory shall re4 ceive the same dollar amount for the State minimum

5 as was distributed in fiscal year 2005 for law enforce6 ment terrorism prevention grants: Provided, That the

7 balance shall be allocated by the Secretary to States

8 based on risks; threats; vulnerabilities; and unmet es9 sential capabilities pursuant to HSPD–8: Provided

10 further, That funds made available under this para11 graph may be used for overtime costs associated with

12 providing enhanced law enforcement operations in

13 support of Federal agencies for increased border secu14 rity and border crossing enforcement.

15 (3) $365,000,000 for discretionary transpor16 tation and infrastructure grants, as determined by

17 the Secretary, of which—

18 (A) $200,000,000 shall be for port security

19 grants pursuant to the purposes of 46 United

20 States Code 70107(a) through (h), which shall be

21 awarded based on risk and threat or the prox22 imity of existing or planned high impact targets,

23 including liquified natural gas facilities and

24 liquified petroleum vessels, notwithstanding sub-
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1 section (a), for eligible costs as defined in sub2 sections (b)(2)–(4);

3 (B) $5,000,000 shall be for trucking indus4 try security grants;

5 (C) $10,000,000 shall be for intercity bus

6 security grants;

7 (D) $100,000,000 shall be for intercity pas8 senger rail transportation (as defined in section

9 24102 of title 49, United States Code), freight

10 rail, and transit security grants; and

11 (E) $50,000,000 shall be for buffer zone pro12 tection plan grants.

13 (4) $50,000,000 for the technology transfer pro14 gram.

15 (5) $40,000,000 for State grants pursuant to sec16 tion 204(a) of the REAL ID Act of 2005 (Division

17 B of Public Law 109–13), to remain available until

18 expended, as determined by the Secretary: Provided,

19 That none of the funds made available under this

20 paragraph may be obligated or allocated for grants

21 until the Committees on Appropriations of the Senate

22 and the House of Representatives receive and approve

23 an implementation plan for the responsibilities of the

24 Department of Homeland Security under the REAL
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1 ID Act of 2005 (Division B of Public Law 109–13),

2 including the proposed uses of the grant monies.

3 (6) $321,300,000 for training, exercises, technical

4 assistance, and other programs:

5 Provided, That not to exceed 3 percent of the amounts pro6 vided for grants under this heading shall be available for

7 program administration: Provided further, That the Gov8 ernment Accountability Office shall review the validity of

9 the threat and risk factors used by the Secretary for the

10 purposes of allocating discretionary grants funded under

11 this heading, and the application of those factors in the allo12 cation of funds prior to the Department making final grant

13 determinations: Provided further, That the Government Ac14 countability Office shall have 20 days to complete its review

15 after it is notified by the Secretary that preliminary deter16 minations have been made, and the Government Account17 ability Office shall report to the Committees on Appropria18 tions of the Senate and the House of Representatives on the

19 findings of its review prior to the Department making final

20 grant determinations: Provided further, That none of the

21 grants provided under this heading shall be used for con22 struction or renovation of facilities, except for a minor pe23 rimeter security project, not to exceed $1,000,000, as deter24 mined necessary by the Secretary: Provided further, That

25 the preceding proviso shall not apply to grants under sub-
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1 paragraphs (A), (D), and (E) of paragraph (3) under this

2 heading: Provided further, That grantees shall provide ad3 ditional reports on their use of funds, as determined nec4 essary by the Secretary: Provided further, That funds ap5 propriated for discretionary grants under paragraph (1)

6 and law enforcement terrorism prevention grants under

7 paragraph (2) of this heading shall be available for oper8 ational costs, to include personnel overtime and overtime

9 associated with Office of State and Local Government Co10 ordination and Preparedness certified training, as needed:

11 Provided further, That notwithstanding any other provision

12 of law, funds appropriated under paragraphs (1), (2), and

13 (3) of this heading are exempt from section 6503(a) of title

14 31, United States Code: Provided further, That of the funds

15 provided under paragraph (1) of this heading, $25,000,000

16 shall be available until expended for assistance to organiza17 tions (as described under section 501(c)(3) of the Internal

18 Revenue Code of 1986 and exempt from tax section 501(a)

19 of such Code) determined by the Secretary to be at high20 risk of international terrorist attack, and that these deter21 minations shall not be delegated to any Federal, State, or

22 local government official: Provided further, That the Sec23 retary shall certify to the Committees on Appropriations

24 of the Senate and the House of Representatives the threat

25 to each designated tax exempt grantee at least 3 full busi-
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1 ness days in advance of the announcement of any grant

2 award: Provided further, That any recipient of Federal

3 funds granted through the State Homeland Security Grant

4 Program, the Law Enforcement Terrorism Prevention Pro5 gram, and the Urban Area Security Initiative Program,

6 or any predecessor or successor to these programs, as appro7 priated in fiscal year 2004 and fiscal year 2005, shall ex8 pend funds pursuant to the relevant, approved State plan

9 by September 30, 2007: Provided further, That any recipi10 ent of Federal funds granted through any program de11 scribed in the preceding proviso, as appropriated in fiscal

12 year 2006, shall expend funds pursuant to the relevant, ap13 proved State plan by September 30, 2008: Provided further,

14 That any funds not expended by September 30, 2007, or

15 September 30, 2008, respectively, as required by the pre16 ceding 2 provisos shall be returned to the Department of

17 Homeland Security to be reallocated to State and local enti18 ties based on risk and in conformance with the assessments

19 now being conducted by the States under Homeland Secu20 rity Presidential Directive 8.

21 FIREFIGHTER ASSISTANCE GRANTS

22 For necessary expenses for programs authorized by the

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

24 2201 et seq.), $665,000,000, of which $500,000,000 shall be

25 available to carry out section 33 (15 U.S.C. 2229) and

26 $115,000,000 shall be available to carry out section 34 (15
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1 U.S.C. 2229a) of such Act, to remain available until Sep2 tember 30, 2007: Provided, That not to exceed 5 percent

3 of this amount shall be available for program administra4 tion: Provided further, That of the total amount provided,

5 an additional $50,000,000 shall be available to carry out

6 section 33 (15 U.S.C. 2229).

7 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

8 For necessary expenses for emergency management

9 performance grants, as authorized by the National Flood

10 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert

11 T. Stafford Disaster Relief and Emergency Assistance Act

12 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc13 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza14 tion Plan No. 3 of 1978 (5 U.S.C. App.), $190,000,000: Pro15 vided, That total administrative costs shall not exceed 3

16 percent of the total appropriation.

17 COUNTERTERRORISM FUND

18 For necessary expenses, as determined by the Secretary

19 of Homeland Security, to reimburse any Federal agency for

20 the costs of providing support to counter, investigate, or re21 spond to unexpected threats or acts of terrorism, including

22 payment of rewards in connection with these activities,

23 $3,000,000, to remain available until expended: Provided,

24 That the Secretary shall notify the Committees on Appro25 priations of the Senate and the House of Representatives
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1 15 days prior to the obligation of any amount of these funds

2 in accordance with section 503 of this Act.

3 EMERGENCY PREPAREDNESS AND RESPONSE

4 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

5 PREPAREDNESS AND RESPONSE

6 For necessary expenses for the Office of the Under Sec7 retary for Emergency Preparedness and Response, as au8 thorized by section 502 of the Homeland Security Act of

9 2002 (6 U.S.C. 312), $4,306,000.

10 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

11 (INCLUDING RESCISSION OF FUNDS)

12 For necessary expenses for preparedness, mitigation,

13 response, and recovery activities of Emergency Prepared14 ness and Response, $203,499,000, including activities au15 thorized by the National Flood Insurance Act of 1968 (42

16 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief

17 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the

18 Earthquake Hazards Reduction Act of 1977 (42 U.S.C.

19 7701 et seq.), the Federal Fire Prevention and Control Act

20 of 1974 (15 U.S.C. 2201 et seq.), the Defense Production

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

22 303 of the National Security Act of 1947 (50 U.S.C. 404,

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

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

25 seq.): Provided, That of the total amount made available

26 under this heading, $30,000,000 shall be for Urban Search
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1 and Rescue Teams, of which not to exceed $1,600,000 may

2 be made available for administrative costs: Provided fur3 ther, That of the total amount made available under this

4 heading for the support and acquisition of mobile medical

5 units to be used by the Federal Emergency Management

6 Agency, Directorate of Emergency Preparedness and Re7 sponse, in response to domestic disasters, the Secretary of

8 Homeland Security is encouraged to acquire an integrated

9 mobile medical system for testing and evaluation in accord10 ance with subchapter V of chapter 35 of title 31, United

11 States Code (commonly known as the ‘‘Competition in Con12 tracting Act’’): Provided further, That of the total amount

13 made available under this heading, $52,600,000 shall be for

14 the United States Fire Administration.

15 In addition, of the funds appropriated under this

16 heading in Public Law 108–334 (118 Stat. 1311),

17 $9,600,000 are rescinded.

18 ADMINISTRATIVE AND REGIONAL OPERATIONS

19 For necessary expenses for administrative and regional

20 operations of Emergency Preparedness and Response,

21 $216,441,000, including activities authorized by the Na22 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),

23 the Robert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake Haz25 ards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the

26 Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
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1 2201 et seq.), the Defense Production Act of 1950 (50 U.S.C.

2 App. 2061 et seq.), sections 107 and 303 of the National

3 Security Act of 1947 (50 U.S.C. 404, 405), Reorganization

4 Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland

5 Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That

6 not to exceed $3,000 shall be for official reception and rep7 resentation expenses.

8 PUBLIC HEALTH PROGRAMS

9 For necessary expenses for countering potential bio10 logical, disease, and chemical threats to civilian popu11 lations, $34,000,000.

12 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

13 The aggregate charges assessed during fiscal year 2006,

14 as authorized in title III of the Departments of Veterans

15 Affairs and Housing and Urban Development, and Inde16 pendent Agencies Appropriations Act, 1999 (42 U.S.C.

17 5196e), shall not be less than 100 percent of the amounts

18 anticipated by the Department of Homeland Security nec19 essary for its radiological emergency preparedness program

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

21 assessment and collection of fees shall be fair and equitable

22 and shall reflect costs of providing such services, including

23 administrative costs of collecting such fees: Provided fur24 ther, That fees received under this heading shall be deposited

25 in this account as offsetting collections and will become
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1 available for authorized purposes on October 1, 2006, and

2 remain available until expended.

3 DISASTER RELIEF

4 For necessary expenses in carrying out the Robert T.

5 Stafford Disaster Relief and Emergency Assistance Act (42

6 U.S.C. 5121 et seq.), $1,990,000,000, to remain available

7 until expended: Provided, That the aforementioned sum

8 shall be reduced by $70,000,000.

9 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

10 For administrative expenses to carry out the direct

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

12 T. Stafford Disaster Relief and Emergency Assistance Act

13 (42 U.S.C. 5162), $567,000: Provided, That gross obliga14 tions for the principal amount of direct loans shall not ex15 ceed $25,000,000: Provided further, That the cost of modi16 fying such loans shall be as defined in section 502 of the

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

18 FLOOD MAP MODERNIZATION FUND

19 For necessary expenses pursuant to section 1360 of the

20 National Flood Insurance Act of 1968 (42 U.S.C. 4101),

21 $200,000,000, and such additional sums as may be pro22 vided by State and local governments or other political sub23 divisions for cost-shared mapping activities under section

24 1360(f)(2) of such Act, to remain available until expended:

25 Provided, That total administrative costs shall not exceed

26 3 percent of the total appropriation.
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HR 2360 EAS

1 NATIONAL FLOOD INSURANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities under the National Flood Insurance Act

4 of 1968 (42 U.S.C. 4001 et seq.), not to exceed $36,496,000

5 for salaries and expenses associated with flood mitigation

6 and flood insurance operations; and not to exceed

7 $87,358,000 for flood hazard mitigation, to remain avail8 able until September 30, 2007, including up to $28,000,000

9 for expenses under section 1366 of the National Flood Insur10 ance Act of 1968 (42 U.S.C. 4104c), which amount shall

11 be available for transfer to the National Flood Mitigation

12 Fund until September 30, 2007, and which amount shall

13 be derived from offsetting collections assessed and collected

14 pursuant to section 1307 of that Act (42 U.S.C. 4014), and

15 shall be retained and used for necessary expenses under this

16 heading: Provided, That in fiscal year 2006, no funds in

17 excess of: (1) $55,000,000 for operating expenses; (2)

18 $660,148,000 for commissions and taxes of agents; and (3)

19 $30,000,000 for interest on Treasury borrowings shall be

20 available from the National Flood Insurance Fund.

21 NATIONAL FLOOD MITIGATION FUND

22 Notwithstanding subparagraphs (B) and (C) of sub23 section (b)(3), and subsection (f), of section 1366 of the Na24 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c),

25 $28,000,000, to remain available until September 30, 2007,

26 for activities designed to reduce the risk of flood damage
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HR 2360 EAS

1 to structures pursuant to such Act, of which $28,000,000

2 shall be derived from the National Flood Insurance Fund.

3 NATIONAL PREDISASTER MITIGATION FUND

4 For a predisaster mitigation grant program under

5 title II of the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5131 et seq.), $37,000,000,

7 to remain available until expended: Provided, That grants

8 made for predisaster mitigation shall be awarded on a com9 petitive basis subject to the criteria in section 203(g) of such

10 Act (42 U.S.C. 5133(g)), and notwithstanding section

11 203(f) of such Act, shall be made without reference to State

12 allocations, quotas, or other formula-based allocation of

13 funds: Provided further, That total administrative costs

14 shall not exceed 3 percent of the total appropriation.

15 EMERGENCY FOOD AND SHELTER

16 To carry out an emergency food and shelter program

17 pursuant to title III of the Stewart B. McKinney Homeless

18 Assistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to

19 remain available until expended: Provided, That total ad20 ministrative costs shall not exceed 3.5 percent of the total

21 appropriation.
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1 TITLE IV—RESEARCH AND DEVELOPMENT,

2 TRAINING, ASSESSMENTS, AND SERVICES

3 UNITED STATES CITIZENSHIP AND IMMIGRATION

4 SERVICES

5 For necessary expenses for citizenship and immigra6 tion services, $80,000,000.

7 FEDERAL LAW ENFORCEMENT TRAINING CENTER

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Law Enforce10 ment Training Center, including materials and support

11 costs of Federal law enforcement basic training; purchase

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

13 of passenger motor vehicles; expenses for student athletic

14 and related activities; the conduct of and participation in

15 firearms matches and presentation of awards; public aware16 ness and enhancement of community support of law enforce17 ment training; room and board for student interns; a flat

18 monthly reimbursement to employees authorized to use per19 sonal mobile phones for official duties; and services as au20 thorized by section 3109 of title 5, United States Code;

21 $194,000,000, of which up to $36,174,000 for materials and

22 support costs of Federal law enforcement basic training

23 shall remain available until September 30, 2007; and of

24 which not to exceed $12,000 shall be for official reception

25 and representation expenses: Provided, That the Center is
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HR 2360 EAS

1 authorized to obligate funds in anticipation of reimburse2 ments from agencies receiving training sponsored by the

3 Center, except that total obligations at the end of the fiscal

4 year shall not exceed total budgetary resources available at

5 the end of the fiscal year: Provided further, That in fiscal

6 year 2006 and thereafter, the Director of the Federal Law

7 Enforcement Training Center is authorized to assess pecu8 niary liability against Center employees and students for

9 losses or destruction of Government property due to gross

10 negligence or willful misconduct and to set off any resulting

11 debts due the United States by Center employees and stu12 dents, without their consent, against current payments due

13 the employees and students for their services.

14 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

15 RELATED EXPENSES

16 For acquisition of necessary additional real property

17 and facilities, construction, and ongoing maintenance, fa18 cility improvements, and related expenses of the Federal

19 Law Enforcement Training Center, $88,358,000, to remain

20 available until expended: Provided, That the Center is au21 thorized to accept reimbursement to this appropriation

22 from Government agencies requesting the construction of

23 special use facilities.
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HR 2360 EAS

1 INFORMATION ANALYSIS AND INFRASTRUCTURE

2 PROTECTION

3 MANAGEMENT AND ADMINISTRATION

4 For salaries and expenses of the immediate Office of

5 the Under Secretary for Information Analysis and Infra6 structure Protection and for management and administra7 tion of programs and activities, as authorized by title II

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

9 $168,769,000: Provided, That not to exceed $5,000 shall be

10 for official reception and representation expenses.

11 ASSESSMENTS AND EVALUATIONS

12 For necessary expenses for information analysis and

13 infrastructure protection as authorized by title II of the

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

15 $701,793,000, to remain available until September 30,

16 2007.

17 SCIENCE AND TECHNOLOGY

18 MANAGEMENT AND ADMINISTRATION

19 For salaries and expenses of the immediate Office of

20 the Under Secretary for Science and Technology and for

21 management and administration of programs and activi22 ties, as authorized by title III of the Homeland Security

23 Act of 2002 (6 U.S.C. 181 et seq.), $81,099,000: Provided,

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

25 representation expenses.
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HR 2360 EAS

1 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

2 For necessary expenses for science and technology re3 search, including advanced research projects; development;

4 test and evaluation; acquisition; and operations; as author5 ized by title III of the Homeland Security Act of 2002 (6

6 U.S.C. 181 et seq.), $1,372,399,000, to remain available

7 until expended: Provided, That of the total amount made

8 available under this heading, $127,314,000 shall be for the

9 Domestic Nuclear Detection Office, of which $112,314,000

10 shall not be available for obligation until the Secretary of

11 Homeland Security submits a staffing and management

12 plan and an expenditure plan for the office and the global

13 systems architecture, to include multi-year costs, that has

14 been reviewed by the Government Accountability Office and

15 approved by the Committees on Appropriations of the Sen16 ate and the House of Representatives: Provided further,

17 That of the total funds made available under this heading,

18 $125,000,000 is solely for the purchase and deployment of

19 radiation portal monitors for United States ports-of-entry

20 and may not be transferred or reprogrammed.

21 TITLE V—GENERAL PROVISIONS

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

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
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HR 2360 EAS

1 SEC. 502. None of the funds appropriated or otherwise

2 made available to the Department of Homeland Security

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

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

5 activities and amounts allowed in section 6024 of Public

6 Law 109–13, excluding the Homeland Secure Data Net7 work: Provided, That any additional activities and

8 amounts must be approved by the Committees on Appro9 priations of the Senate and the House of Representatives

10 30 days in advance of obligation.

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

12 provided by previous appropriations Acts to the agencies

13 in or transferred to the Department of Homeland Security

14 that remain available for obligation or expenditure in fiscal

15 year 2006, or provided from any accounts in the Treasury

16 of the United States derived by the collection of fees avail17 able to the agencies funded by this Act, shall be available

18 for obligation or expenditure through a reprogramming of

19 funds that: (1) creates a new program; (2) eliminates a pro20 gram, project, or activity; (3) increases funds for any pro21 gram, project, or activity for which funds have been denied

22 or restricted by the Congress; (4) proposes to use funds di23 rected for a specific activity by either of the Committees

24 on Appropriations of the Senate or House of Representa25 tives for a different purpose; or (5) contracts out any func-
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HR 2360 EAS

1 tions or activities for which funds have been appropriated

2 for Federal full-time equivalent positions; unless the Com3 mittees on Appropriations of the Senate and the House of

4 Representatives are notified 15 days in advance of such re5 programming of funds.

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

7 by previous appropriations Acts to the agencies in or trans8 ferred to the Department of Homeland Security that remain

9 available for obligation or expenditure in fiscal year 2006,

10 or provided from any accounts in the Treasury of the

11 United States derived by the collection of fees available to

12 the agencies funded by this Act, shall be available for obliga13 tion or expenditure for programs, projects, or activities

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

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

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

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

18 numbers of personnel by 10 percent as approved by the Con19 gress; or (3) results from any general savings from a reduc20 tion in personnel that would result in a change in existing

21 programs, projects, or activities as approved by the Con22 gress; unless the Committees on Appropriations of the Sen23 ate and the House of Representatives are notified 15 days

24 in advance of such reprogramming of funds.
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HR 2360 EAS

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

2 available for the current fiscal year for the Department of

3 Homeland Security by this Act or provided by previous ap4 propriations Acts may be transferred between such appro5 priations, but no such appropriations, except as otherwise

6 specifically provided, shall be increased by more than 10

7 percent by such transfers: Provided, That any transfer

8 under this section shall be treated as a reprogramming of

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

10 available for obligation unless the Committees on Appro11 priations of the Senate and the House of Representatives

12 are notified 15 days in advance of such transfer.

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

14 this section, no funds shall be reprogrammed within or

15 transferred between appropriations after June 30, except in

16 extraordinary circumstances which imminently threaten

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

18 (e) Notwithstanding any other provision of law, notifi19 cations pursuant to this section or any other authority for

20 reprogramming or transfer of funds shall be made solely

21 to the Committees on Appropriations of the Senate and the

22 House of Representatives.

23 SEC. 504. Except as otherwise specifically provided by

24 law, not to exceed 50 percent of unobligated balances re25 maining available at the end of fiscal year 2006 from ap-
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HR 2360 EAS

1 propriations for salaries and expenses for fiscal year 2006

2 in this Act shall remain available through September 30,

3 2007, in the account and for the purposes for which the

4 appropriations were provided: Provided, That prior to the

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

6 Committees on Appropriations of the Senate and the House

7 of Representatives for approval in accordance with section

8 503 of this Act.

9 SEC. 505. Funds made available by this Act for intel10 ligence activities are deemed to be specifically authorized

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

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

13 2006 until the enactment of an Act authorizing intelligence

14 activities for fiscal year 2006.

15 SEC. 506. None of the funds in this Act may be used

16 to make a grant allocation, discretionary grant award, dis17 cretionary contract award, or to issue a letter of intent to18 taling in excess of $1,000,000, or to announce publicly the

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

20 Homeland Security notifies the Committees on Appropria21 tions of the Senate and the House of Representatives at least

22 3 full business days in advance: Provided, That no notifica23 tion shall involve funds that are not available for obliga24 tion.
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HR 2360 EAS

1 SEC. 507. Notwithstanding any other provision of law,

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

3 facilities, except within or contiguous to existing locations,

4 to be used for the purpose of conducting Federal law enforce5 ment training without the advance approval of the Commit6 tees on Appropriations of the Senate and the House of Rep7 resentatives, except that the Federal Law Enforcement

8 Training Center is authorized to obtain the temporary use

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

10 for training which cannot be accommodated in existing

11 Center facilities.

12 SEC. 508. The Director of the Federal Law Enforce13 ment Training Center shall schedule basic and/or advanced

14 law enforcement training at all four training facilities

15 under the control of the Federal Law Enforcement Training

16 Center to ensure that these training centers are operated

17 at the highest capacity throughout the fiscal year.

18 SEC. 509. None of the funds appropriated or otherwise

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

20 construction, repair, alteration, or acquisition project for

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

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

23 that necessary funds may be expended for each project for

24 required expenses for the development of a proposed pro25 spectus.
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HR 2360 EAS

1 SEC. 510. None of the funds in this Act may be used

2 in contravention of the applicable provisions of the Buy

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

4 SEC. 511. The Secretary of Homeland Security is di5 rected to research, develop, and procure certified systems to

6 inspect and screen air cargo on passenger aircraft at the

7 earliest date possible: Provided, That until such technology

8 is procured and installed, the Secretary shall take all pos9 sible actions to enhance the known shipper program to pro10 hibit high-risk cargo from being transported on passenger

11 aircraft and continue to increase the level of air cargo that

12 is inspected beyond the level mandated in section 513 of

13 Public Law 108–334.

14 SEC. 512. Notwithstanding section 3302 of title 31,

15 United States Code, for fiscal year 2006 and thereafter, the

16 Administrator of the Transportation Security Administra17 tion may impose a reasonable charge for the lease of real

18 and personal property to Transportation Security Admin19 istration employees and for use by Transportation Security

20 Administration employees and may credit amounts received

21 to the appropriation or fund initially charged for operating

22 and maintaining the property, which amounts shall be

23 available, without fiscal year limitation, for expenditure for

24 property management, operation, protection, construction,

25 repair, alteration, and related activities.
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1 SEC. 513. For fiscal year 2006 and thereafter, the ac2 quisition management system of the Transportation Secu3 rity Administration shall apply to the acquisition of serv4 ices, as well as equipment, supplies, and materials.

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

6 previous appropriations Acts may be obligated for deploy7 ment or implementation, on other than a test basis, of the

8 Secure Flight program or any other follow on or successor

9 passenger prescreening programs, until the Secretary of

10 Homeland Security certifies, and the Government Account11 ability Office reports, to the Committees on Appropriations

12 of the Senate and the House of Representatives, that all ten

13 of the elements contained in paragraphs (1) through (10)

14 of section 522(a) of Public Law 108–334 (118 Stat. 1319)

15 have been successfully met.

16 (b) The report required by subsection (a) shall be sub17 mitted within 90 days after the certification required by

18 such subsection is provided, and periodically thereafter, if

19 necessary, until the Government Accountability Office con20 firms that all ten elements have been successfully met.

21 (c) During the testing phase permitted by subsection

22 (a), no information gathered from passengers, foreign or do23 mestic air carriers, or reservation systems may be used to

24 screen aviation passengers, or delay or deny boarding to
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1 such passengers, except in instances where passenger names

2 are matched to a Government watch list.

3 (d) None of the funds provided in this or previous ap4 propriations Acts may be utilized to develop or test algo5 rithms assigning risk to passengers whose names are not

6 on Government watch lists.

7 (e) None of the funds provided in this or previous ap8 propriations Acts may be utilized for a database that is

9 obtained from or remains under the control of a non-Fed10 eral entity.

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

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

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

14 U.S.C. 1448).

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

16 may be used to process or approve a competition under Of17 fice of Management and Budget Circular A–76 for services

18 provided as of June 1, 2004, by employees (including em19 ployees serving on a temporary or term basis) of United

20 States Citizenship and Immigration Services of the Depart21 ment of Homeland Security who are known as of that date

22 as Immigration Information Officers, Contact Representa23 tives, or Investigative Assistants.

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

25 United States Secret Service by this Act or by previous ap-
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1 propriations Acts may be made available for the protection

2 of the head of a Federal agency other than the Secretary

3 of Homeland Security: Provided, That the Director of the

4 United States Secret Service may enter into an agreement

5 to perform such service on a fully reimbursable basis.

6 SEC. 518. The Department of Homeland Security

7 processing and data storage facilities at the John C. Stennis

8 Space Center shall hereafter be known as the ‘‘National

9 Center for Critical Information Processing and Storage’’.

10 SEC. 519. SENSE OF THE SENATE REGARDING BOR11 DER SECURITY. (a) FINDINGS.—Congress finds the fol12 lowing:

13 (1) The illegal alien population has risen from

14 3,200,000 in 1986 to 10,300,000 in 2004.

15 (2) In fiscal year 2001, United States Border

16 Patrol agents apprehended almost 1,200,000 persons

17 for illegally entering the United States.

18 (3) Senate Report 109–083 states, ‘‘there are an

19 estimated 11,000,000 illegal aliens in the United

20 States, including more than 400,000 individuals who

21 have absconded, walking away with impunity from

22 Orders of Deportation and Removal’’.

23 (4) Between 1,000 and 3,000 special interest

24 aliens from countries with an active terrorist presence

25 enter the United States each year.
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1 (5) Of the 1,200,000 illegal aliens apprehended

2 on the border between the United States and Mexico,

3 643 were from countries with known terrorism ties,

4 including Syria, Iran, and Libya.

5 (6) Senate Report 109–083 states, ‘‘officials of

6 the Department of Homeland Security have conceded

7 the United States does not have operational control of

8 its borders’’, including areas along the 1,989 mile

9 southwest border between the United States and Mex10 ico.

11 (7) The daily attempts to cross the border by

12 thousands of illegal aliens from countries around the

13 globe continue to present a threat to United States

14 national security.

15 (b) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that—

17 (1) this Nation cannot thoroughly address the se18 curity of the United States without recognizing the

19 reality of terrorists taking advantage of inadequacies

20 in border security along the border between the

21 United States and Mexico;

22 (2) every effort should be made to increase the

23 technology and efficiency in preventing these individ24 uals from entering the United States across the Mexi25 can border;
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1 (3) the Mexican Government has an obligation to

2 secure its side of the border between the United States

3 and Mexico; and

4 (4) the Mexican Government must commit to ad5 dressing inadequacies in its own domestic and border

6 security policies, which are contributing to the

7 present dilemma in border security.

8 SEC. 520. VETERANS HEALTH ADMINISTRATION. (a)

9 IN GENERAL.—From any money in the Treasury not other10 wise obligated or appropriated, there are appropriated to

11 the Department of Veterans Affairs $1,500,000,000 for the

12 fiscal year ending September 30, 2005, for medical services

13 provided by the Veterans Health Administration, which

14 shall remain available until expended.

15 (b) EMERGENCY DESIGNATION.—The amount appro16 priated under subsection (a) is designated as an emergency

17 requirement pursuant to section 402 of H. Con. Res. 95

18 (109th Congress).

19 (c) This section shall take effect on the date of enact20 ment of this Act.

21 SEC. 521. Within 90 days after the date of enactment

22 of this Act, the Department of Homeland Security’s Office

23 of Inspector General shall issue a report to the House and

24 Senate Committees on Appropriations, the House and Sen25 ate Committees on Homeland Security, and the Senate
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1 Committee on Commerce, Science, and Transportation re2 garding the steps the Department has taken to comply with

3 the recommendations of the Inspector General’s Report on

4 the Port Security Grant Program (OIG–05–10).

5 SEC. 522. (a) Not later than September 30, 2006, the

6 Secretary of Homeland Security shall submit a report to

7 the Committees on Appropriations of the Senate and the

8 House of Representatives, the Committee on Homeland Se9 curity and Governmental Affairs of the Senate, and the

10 Committee on Homeland Security of the House of Rep11 resentatives that includes—

12 (1) the results of the survey under subsection (c);

13 and

14 (2) a plan to implement changes to address prob15 lems identified in the survey.

16 (b) Not later than June 30, 2006, the Secretary of

17 Homeland Security shall submit an interim report to the

18 Committees on Appropriations of the Senate and the House

19 of Representatives, the Committee on Homeland Security

20 and Governmental Affairs of the Senate, and the Committee

21 on Homeland Security of the House of Representatives on

22 the specific design of the survey under subsection (c).

23 (c) In preparing the report under subsection (a), the

24 Secretary of Homeland Security shall conduct a survey of

25 State and local government emergency officials that—
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1 (1) involve enough respondents to get an ade2 quate, representational response from police, fire,

3 medical, and emergency planners on the regional,

4 State, county, and municipal levels, and other State

5 and local homeland security officials as determined

6 by the Secretary; and

7 (2) identifies problems relating to the effective8 ness and user-friendliness of programs in which the

9 Department of Homeland Security interacts with

10 State and local officials, including grant manage11 ment, intelligence sharing, training, incident manage12 ment, regional coordination, critical infrastructure

13 prioritization, and long-term homeland security plan14 ning.

15 SEC. 523. QUADRENNIAL HOMELAND DEFENSE RE16 VIEW. (a) IN GENERAL.—

17 (1) FREQUENCY AND SCOPE.—Beginning in fis18 cal year 2008, and every 4 years thereafter, the Sec19 retary of Homeland Security shall conduct every 4

20 years, during a year following a year evenly divisible

21 by 4, a comprehensive examination of the national

22 homeland defense strategy, inter-agency cooperation,

23 preparedness of Federal response assets, infrastruc24 ture, budget plan, and other elements of the homeland

25 defense program and policies of the United States
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1 with a view toward determining and expressing the

2 homeland defense strategy of the United States and

3 establishing a homeland defense program for the next

4 20 years. Each review under this paragraph shall be

5 known as the ‘‘quadrennial homeland defense review’’.

6 (2) CONSULTATION.—Each quadrennial home7 land defense review under paragraph (1) shall be con8 ducted in consultation with the Attorney General of

9 the United States and the Secretaries of State, De10 fense, Health and Human Services, and the Treasury.

11 (b) CONTENTS OF REVIEW.—Each quadrennial home12 land defense review shall—

13 (1) delineate a national homeland defense strat14 egy consistent with the most recent National Response

15 Plan prepared under Homeland Security Presidential

16 Directive 5 or any directive meant to replace or aug17 ment that directive;

18 (2) describe the inter-agency cooperation, pre19 paredness of Federal response assets, infrastructure,

20 budget plan, and other elements of the homeland de21 fense program and policies of the United States asso22 ciated with that national homeland defense strategy

23 required to execute successfully the full range of mis24 sions called for in the national homeland defense

25 strategy delineated under paragraph (1); and
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1 (3) identify—

2 (A) the budget plan required to provide suf3 ficient resources to successfully execute the full

4 range of missions called for in that national

5 homeland defense strategy at a low-to-moderate

6 level of risk, and

7 (B) any additional resources required to

8 achieve such a level of risk.

9 (c) LEVEL OF RISK.—The assessment of the level of

10 risk for purposes of subsection (b)(3) shall be conducted by

11 the Secretary of Homeland Security in consultation with

12 the Director of National Intelligence.

13 (d) REPORTING.—

14 (1) IN GENERAL.—The Secretary of Homeland

15 Security shall submit a report regarding each quad16 rennial homeland defense review to the Committee on

17 Homeland Security and Governmental Affairs of the

18 Senate and the Committee on Homeland Security of

19 the House of Representatives. The report shall be sub20 mitted not later than September 30 of the year in

21 which the review is conducted.

22 (2) CONTENTS OF REPORT.—The report sub23 mitted under paragraph (1) shall include—

24 (A) the results of the quadrennial homeland

25 defense review;
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1 (B) the threats to the assumed or defined

2 national homeland security interests of the

3 United States that were examined for the pur4 poses of the review and the scenarios developed

5 in the examination of those threats;

6 (C) the status of cooperation among Federal

7 agencies in the effort to promote national home8 land security;

9 (D) the status of cooperation between the

10 Federal Government and State governments in

11 preparing for emergency response to threats to

12 national homeland security, and

13 (E) any other matter the Secretary of

14 Homeland Security considers appropriate.

15 SEC. 524. RAIL TUNNEL SECURITY RESEARCH. (a)

16 FINDINGS.—The Senate finds that—

17 (1) railroad tunnels, and underground stations

18 have been identified as particularly high risk terrorist

19 targets because of the potential for large passenger

20 volumes, confined spaces, relatively unrestricted ac21 cess, and the potential for network disruptions and

22 significant economic, political and social impact;

23 (2) many rail tunnels have safety problems in24 cluding structural deficiencies, ventilation problems,
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1 lack of communications equipment and insufficient

2 emergency access and exits;

3 (3) there are more than 898 miles of rail tunnels

4 in transit systems across the country;

5 (4)(A) security experts have identified a number

6 of technology and training needs to prevent attacks on

7 tunnels and to mitigate and remediate the impact of

8 such attacks;

9 (B) technological needs include detection systems,

10 dispersal control, and decontamination techniques;

11 and

12 (C) training for emergency response to a variety

13 of scenarios is also needed; and

14 (b) SENSE OF THE SENATE.—It is the sense of the Sen15 ate that—

16 (1) the Department of Homeland Security is

17 urged to invest in research to promote tunnel rail

18 safety as well as training to ensure first responders

19 are prepared to respond to rail tunnel emergencies;

20 and

21 (2) employing existing Federal facilities in this

22 effort can result in efficiencies and permit this impor23 tant research to proceed at decreased cost to the tax24 payer and with minimal interference with ongoing

25 passenger and freight rail traffic.
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1 SEC. 525. Upon completion of the Department of

2 Homeland Security’s operational testing of man portable

3 air defense system (MANPAD) countermeasure systems for

4 commercial aircraft, the Secretary of Homeland Security

5 is encouraged to designate an agency within the Depart6 ment as having responsibility for managing the procure7 ment and installation of such systems, and may use any

8 unobligated funds provided under title I to establish an of9 fice within the designated agency for that purpose.

10 SEC. 526. (a) Not later than 15 days after the date

11 of enactment of this Act, the Secretary of Homeland Secu12 rity, acting through the Director of the Federal Emergency

13 Management Agency (including the Emergency Prepared14 ness and Response Directorate and all other staff under the

15 direction of the Secretary) (referred to in this section as

16 the ‘‘Secretary’’), shall provide to the Subcommittee on

17 Homeland Security of the Committee on Appropriations of

18 the Senate—

19 (1) a detailed list that describes, as of the date

20 of enactment of this Act, all associated costs (as deter21 mined by the Secretary) incurred by New York City,

22 the State of New York, and any other entity or orga23 nization established by New York City or the State of

24 New York, as a result of the terrorist attacks of Sep-
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1 tember 11, 2001, that were paid using funds made

2 available by Congress; and

3 (2) a detailed description of—

4 (A) the amounts of funds made available

5 after the terrorist attacks of September 11, 2001,

6 that remain unexpended as of the date of enact7 ment of this Act;

8 (B) the accounts containing those unex9 pended funds; and

10 (C) a detailed description of any plans for

11 expenditure or obligation of those unexpended

12 funds.

13 (b) Not later than 15 days after the date of receipt

14 of a request from the Subcommittee on Homeland Security

15 of the Committee on Appropriations of the Senate for any

16 information directly related to information described in

17 subsection (a), the Secretary, and such staff located in a

18 regional office of the Department of Homeland Security or

19 the Federal Emergency Management Agency as the Sec20 retary determines to be appropriate, shall provide the infor21 mation to the Subcommittee.

22 SEC. 527. (a) Not later than 90 days after the date

23 of enactment of this Act, the Secretary of Homeland Secu24 rity, in consultation with the Secretary of Transportation,

25 shall assess and report in writing to the Committee on Ap-
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1 propriations, the Committee on Homeland Security and

2 Government Affairs, and the Committee on Commerce,

3 Science, and Transportation of the Senate on the following:

4 (1) The vulnerability posed to high risk areas

5 and facilities from general aviation aircraft that

6 could be stolen or used as a weapon or armed with

7 a weapon.

8 (2) The security vulnerabilities existing at gen9 eral aviation airports that would permit general

10 aviation aircraft to be stolen.

11 (3) Low-cost, high-performance technology that

12 could be used to easily track general aviation aircraft

13 that could otherwise fly undetected.

14 (4) The feasibility of implementing security

15 measures that would disable general aviation aircraft

16 while on the ground and parked to prevent theft.

17 (5) The feasibility of performing requisite back18 ground checks on individuals working at general

19 aviation airports that have access to aircraft or flight

20 line activities.

21 (6) An assessment of the threat posed to high

22 population areas, nuclear facilities, key infrastruc23 ture, military bases, and transportation infrastruc24 ture that stolen or hijacked general aviation aircraft

25 pose especially if armed with weapons or explosives.
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1 (7) An assessment of existing security pre2 cautions in place at general aviation airports to pre3 vent breaches of the flight line and perimeter.

4 (8) An assessment of whether unmanned air traf5 fic control towers provide a security or alert weakness

6 to the security of general aviation aircraft.

7 (9) An assessment of the additional measures

8 that should be adopted to ensure the security of gen9 eral aviation aircraft.

10 (b) The report required by subsection (a) shall include

11 cost estimates associated with implementing each of the

12 measures recommended in the report.

13 SEC. 528. (a) DEFINITIONS.—In this section:

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

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

16 more electronic databases, whereas—

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

18 from or remains under the control of a non-Fed19 eral entity, or the information was acquired ini20 tially by another department or agency of the

21 Federal Government for purposes other than in22 telligence or law enforcement;

23 (B) a department or agency of the Federal

24 Government or a non-Federal entity acting on

25 behalf of the Federal Government is conducting
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1 the query or search or other analysis to find a

2 predictive pattern indicating terrorist or crimi3 nal activity; and

4 (C) the search does not use a specific indi5 vidual’s personal identifiers to acquire informa6 tion concerning that individual.

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

8 include telephone directories, news reporting, infor9 mation publicly available via the Internet or avail10 able by any other means to any member of the public

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

12 administrative opinions.

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

14 DEPARTMENT OF HOMELAND SECURITY.—

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

16 each department or agency in the Department of

17 Homeland Security that is engaged in any activity to

18 use or develop data-mining technology shall each sub19 mit a report to Congress on all such activities of the

20 agency under the jurisdiction of that official. The re21 port shall be made available to the public.

22 (2) CONTENT OF REPORT.—A report submitted

23 under paragraph (1) shall include, for each activity

24 to use or develop data-mining technology that is re-
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1 quired to be covered by the report, the following infor2 mation:

3 (A) A thorough description of the data-min4 ing technology and the data that is being or will

5 be used.

6 (B) A thorough description of the goals and

7 plans for the use or development of such tech8 nology and, where appropriate, the target dates

9 for the deployment of the data-mining tech10 nology.

11 (C) An assessment of the efficacy or likely

12 efficacy of the data-mining technology in pro13 viding accurate information consistent with and

14 valuable to the stated goals and plans for the use

15 or development of the technology.

16 (D) An assessment of the impact or likely

17 impact of the implementation of the data-mining

18 technology on the privacy and civil liberties of

19 individuals.

20 (E) A list and analysis of the laws and reg21 ulations that govern the information being or to

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

23 with the data-mining technology.

24 (F) A thorough discussion of the policies,

25 procedures, and guidelines that are in place or
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1 that are to be developed and applied in the use

2 of such technology for data-mining in order to—

3 (i) protect the privacy and due process

4 rights of individuals; and

5 (ii) ensure that only accurate informa6 tion is collected, reviewed, gathered, ana7 lyzed, or used.

8 (G) Any necessary classified information in

9 an annex that shall be available to the Com10 mittee on Homeland Security and Governmental

11 Affairs, the Committee on the Judiciary, and the

12 Committee on Appropriations of the Senate and

13 the Committee on Homeland Security, the Com14 mittee on the Judiciary, and the Committee on

15 Appropriations of the House of Representatives.

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

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

18 90 days after the end of fiscal year 2006.

19 SEC. 529. SPENDING OVERSIGHT—None of the funds

20 made available in this Act shall be used for items identified

21 in the Inspector General’s Report of March 2005 ‘‘Irregular22 ities in the Development of the Transportation Security Op23 erations Center’’ as wasteful.

24 SEC. 530. (a) Not later than 60 days after the date

25 of the enactment of this Act, the Secretary of Homeland Se-
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1 curity shall designate the Natrona International Airport in

2 Casper, Wyoming, as an airport at which private aircraft

3 described in subsection (b) may land for processing by the

4 United States Customs and Border Protection in accord5 ance with section 122.24(b) of title 19, Code of Federal Reg6 ulations, and such airport shall not be treated as a user

7 fee airport for purposes of section 122.15 of title 19, Code

8 of Federal Regulations.

9 (b) PRIVATE AIRCRAFT.—Private aircraft described in

10 this subsection are private aircraft that—

11 (1) arrive in the United States from a foreign

12 area and have a final destination in the United

13 States of Natrona International Airport in Casper,

14 Wyoming; and

15 (2) would otherwise be required to land for proc16 essing by the United States Customs and Border Pro17 tection at an airport listed in section 122.24(b) of

18 title 19, Code of Federal Regulations, in accordance

19 with such section.

20 (c) DEFINITION.—In this section, the term ‘‘private

21 aircraft’’ has the meaning given such term in section

22 122.23(a)(1) of title 19, Code of Federal Regulations.

23 SEC. 531. It is the sense of the Senate that the Federal

24 Emergency Management Agency or any other organization

25 within the Department of Homeland Security should con-
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1 tinue to coordinate with the American Red Cross in devel2 oping a mass care plan for the United States in response

3 to a catastrophic event.

4 SEC. 532. (a) FINDINGS.—The Senate makes the fol5 lowing findings:

6 (1) The Joint Explanatory Statement to accom7 pany the Emergency Supplemental Appropriations

8 Act for Defense, the Global War on Terror, and Tsu9 nami Relief, 2005 (Public Law 109–13) requires the

10 Department of Defense to set forth in a report to Con11 gress a comprehensive set of performance indicators

12 and measures for progress toward military and polit13 ical stability in Iraq.

14 (2) The report requires performance standards

15 and goals for security, economic, and security force

16 training objectives in Iraq together with a notional

17 timetable for achieving these goals.

18 (3) In specific, the report required, at a min19 imum, the following:

20 (A) With respect to stability and security in

21 Iraq, the following:

22 (i) Key measures of political stability,

23 including the important political milestones

24 that must be achieved over the next several

25 years.
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1 (ii) The primary indicators of a stable

2 security environment in Iraq, such as num3 ber of engagements per day, numbers of

4 trained Iraqi forces, and trends relating to

5 numbers and types of ethnic and religious6 based hostile encounters.

7 (iii) An assessment of the estimated

8 strength of the insurgency in Iraq and the

9 extent to which it is composed of non-Iraqi

10 fighters.

11 (iv) A description of all militias oper12 ating in Iraq, including the number, size,

13 equipment strength, military effectiveness,

14 sources of support, legal status, and efforts

15 to disarm or reintegrate each militia.

16 (v) Key indicators of economic activity

17 that should be considered the most impor18 tant for determining the prospects of sta19 bility in Iraq, including—

20 (I) unemployment levels;

21 (II) electricity, water, and oil

22 production rates; and

23 (III) hunger and poverty levels.

24 (vi) The criteria the Administration

25 will use to determine when it is safe to
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1 begin withdrawing United States forces

2 from Iraq.

3 (B) With respect to the training and perform4 ance of security forces in Iraq, the following:

5 (i) The training provided Iraqi mili6 tary and other Ministry of Defense forces

7 and the equipment used by such forces.

8 (ii) Key criteria for assessing the capa9 bilities and readiness of the Iraqi military

10 and other Ministry of Defense forces, goals

11 for achieving certain capability and readi12 ness levels (as well as for recruiting, train13 ing, and equipping these forces), and the

14 milestones and notional timetable for

15 achieving these goals.

16 (iii) The operational readiness status

17 of the Iraqi military forces, including the

18 type, number, size, and organizational

19 structure of Iraqi battalions that are—

20 (I) capable of conducting

21 counterinsurgency operations inde22 pendently;

23 (II) capable of conducting

24 counterinsurgency operations with the
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1 support of United States or coalition

2 forces; or

3 (III) not ready to conduct

4 counterinsurgency operations.

5 (iv) The rates of absenteeism in the

6 Iraqi military forces and the extent to

7 which insurgents have infiltrated such

8 forces.

9 (v) The training provided Iraqi police

10 and other Ministry of Interior forces and

11 the equipment used by such forces.

12 (vi) Key criteria for assessing the ca13 pabilities and readiness of the Iraqi police

14 and other Ministry of Interior forces, goals

15 for achieving certain capability and readi16 ness levels (as well as for recruiting, train17 ing, and equipping), and the milestones and

18 notional timetable for achieving these goals,

19 including—

20 (I) the number of police recruits

21 that have received classroom training

22 and the duration of such instruction;

23 (II) the number of veteran police

24 officers who have received classroom in-
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1 struction and the duration of such in2 struction;

3 (III) the number of police can4 didates screened by the Iraqi Police

5 Screening Service, the number of can6 didates derived from other entry proce7 dures, and the success rates of those

8 groups of candidates;

9 (IV) the number of Iraqi police

10 forces who have received field training

11 by international police trainers and

12 the duration of such instruction; and

13 (V) attrition rates and measures

14 of absenteeism and infiltration by in15 surgents.

16 (vii) The estimated total number of

17 Iraqi battalions needed for the Iraqi secu18 rity forces to perform duties now being un19 dertaken by coalition forces, including de20 fending the borders of Iraq and providing

21 adequate levels of law and order throughout

22 Iraq.

23 (viii) The effectiveness of the Iraqi

24 military and police officer cadres and the

25 chain of command.
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1 (ix) The number of United States and

2 coalition advisors needed to support the

3 Iraqi security forces and associated min4 istries.

5 (x) An assessment, in a classified

6 annex if necessary, of United States mili7 tary requirements, including planned force

8 rotations, through the end of calendar year

9 2006.

10 (3) The deadline for submittal of the report to

11 Congress was 60 days after the date of the enactment

12 of the Emergency Supplemental Appropriations Act

13 for Defense, the Global War on Terror, and Tsunami

14 Relief, 2005, that is July 11, 2005, and every 90 days

15 thereafter through the end of fiscal year 2006.

16 (4) The report has not yet been received by Con17 gress.

18 (5) The availability of accurate data on key per19 formance indicators is critical to understanding

20 whether the United States strategy in Iraq is suc21 ceeding, and the substantial resources provided by

22 Congress, which total more than $200,000,000,000

23 and an approximate monthly expenditure of

24 $5,000,000,000, with substantial resource expendi25 tures still to come, are being utilized effectively.
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1 (b) SENSE OF SENATE.—It is the sense of the Senate

2 that—

3 (1) the information requested in the report de4 scribed by subsection (a) is critical—

5 (A) to fulfilling the oversight obligations of

6 Congress;

7 (B) to ensuring the success of United States

8 strategy in Iraq;

9 (C) to maximizing the effectiveness of the

10 substantial resources provided by Congress and

11 the American people for United States efforts in

12 Iraq;

13 (D) to identifying when the Iraqi security

14 forces will be able to assume responsibility for se15 curity in Iraq; and

16 (E) to obtaining an estimate of the level of

17 United States troops that will be necessary in

18 Iraq during 2005 and 2006, and in any years

19 thereafter;

20 (2) the report should be provided by the Depart21 ment of Defense, as required by the Emergency Sup22 plemental Appropriations Act for Defense, the Global

23 War on Terror, and Tsunami Relief, 2005 as soon as

24 possible; and
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1 (3) the Secretary of Defense should communicate

2 to Congress and the American people why the report

3 was not submitted to Congress by the original dead4 line for its submittal.

5 SEC. 533. SENSE OF THE SENATE. (a) FINDINGS.—

6 The Senate finds that:

7 (1) On February 6, 2002, Director of Central In8 telligence George Tenet testified that ‘‘[A]l Qaeda or

9 other terrorist groups might also try to launch con10 ventional attacks against the chemical or nuclear in11 dustrial infrastructure of the United States to cause

12 widespread toxic or radiological damage.’’

13 (2) On April 27, 2005, the GAO found that ‘‘Ex14 perts agree that the nation’s chemical facilities

15 present an attractive target for terrorists intent on

16 causing massive damage. For example, the Depart17 ment of Justice has concluded that the risk of an at18 tempt in the foreseeable future to cause an industrial

19 chemical release is both real and credible. Terrorist

20 attacks involving the theft or release of certain chemi21 cals could significantly impact the health and safety

22 of millions of Americans, disrupt the local or regional

23 economy, or impact other critical infrastructures that

24 rely on chemicals, such as drinking water and waste25 water treatment systems.’’
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1 (3) As of May 2005, according to data collected

2 pursuant to the Risk Management Plan (RMP) of the

3 Environmental Protection Agency (EPA), a worst4 case release of chemicals from 2237 facilities would

5 potentially affect between 10,000 and 99,999 people,

6 a release from 493 facilities would potentially affect

7 between 100,000 and 999,000, and a release from 111

8 facilities would potentially affect over 1,000,000.

9 (4) On April 27, 2005, the GAO found that EPA

10 and RMP data was based on a release from a single

11 vessel or pipe rather than the entire quantity on site

12 and that ‘‘[A]n attack that breached multiple chem13 ical vessels simultaneously could result in a larger re14 lease with potentially more severe consequences than

15 those outlined in ‘worst-case’ scenarios.’’

16 (5) On April 27, 2005, the GAO found that ‘‘De17 spite efforts by DHS to assess facility vulnerabilities

18 and suggest security improvements, no one has com19 prehensively assessed security at facilities that house

20 chemicals nationwide.’’ GAO further testified that

21 ‘‘EPA officials estimated in 2003, that voluntary ini22 tiatives led by industry associations only reach a por23 tion of the 15,000 RMP facilities. Further, EPA and

24 DHS have stated publicly that voluntary efforts alone
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1 are not sufficient to assure the public of the industry’s

2 preparedness.’’

3 (6) On June 15, 2005, Thomas P. Dunne, Dep4 uty Assistant Administrator for the Office of Solid

5 Waste and Emergency Response of the EPA testified

6 that ‘‘[O]nly a fraction of U.S. hazardous chemical

7 facilities are currently subject to Federal security re8 quirements’’ and that ‘‘we cannot be sure that every

9 high-risk chemical facility has taken voluntary action

10 to secure itself against terrorism.’’

11 (7) On June 15, 2005, Robert Stephan, Acting

12 Undersecretary for Information Analysis and Infra13 structure Protection and Assistant Secretary for In14 frastructure Protection at the Department of Home15 land Security testified that that the Department ‘‘has

16 concluded that from the regulatory perspective, the ex17 isting patchwork of authorities does not permit us to

18 regulate the industry effectively.’’ Stephen further tes19 tified that ‘‘[I]t has become clear that the entirely vol20 untary efforts of [chemical facility] companies alone

21 will not sufficiently address security for the entire

22 sector’’ and that ‘‘The Department should develop en23 forceable performance standards. . .’’

24 (8) The Senate Committee on Homeland Secu25 rity and Governmental Affairs, through a series of
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1 valuable and wide-ranging hearings, has dem2 onstrated bipartisan commitment to effective Congres3 sional action to protect Americans against a possible

4 terrorist attack against chemical facilities.

5 (b) SENSE OF THE SENATE.—It is the sense of the Sen6 ate that the Congress should pass legislation establishing en7 forceable Federal standards to protect against a terrorist

8 attack on chemical facilities within the United States.

9 SEC. 534. In light of concerns regarding inconsistent

10 policy memoranda and guidelines issued to counties and

11 communities affected by the 2004 hurricane season, the Sec12 retary of Homeland Security, acting through the Under

13 Secretary for Emergency Preparedness and Response, shall

14 provide clear, concise, and uniform guidelines for the reim15 bursement to any county or government entity affected by

16 a hurricane of the costs of hurricane debris removal.

17 SEC. 535. Not later than 60 days after the date of en18 actment of this Act, the Secretary of Homeland Security,

19 acting through the Under Secretary for Emergency Pre20 paredness and Response, shall submit to the Committee on

21 Homeland Security and Governmental Affairs of the Senate

22 and the Committee on Transportation and Infrastructure

23 of the House of Representatives a report describing any

24 changes to Federal emergency preparedness and response

25 policies and practices made as a result of the report of the
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1 Inspector General of the Department of Homeland Security,

2 dated May 20, 2005, relating to the individual and house3 hold program of the Federal Emergency Management Agen4 cy in Miami-Dade County, Florida, in response to Hurri5 cane Frances.

6 SEC. 536. It is the sense of the Senate that the Sec7 retary of Homeland Security should conduct a study of the

8 feasibility of leveraging existing FM broadcast radio infra9 structure to provide a first alert, encrypted, multi-point

10 emergency messaging system for emergency response using

11 proven technology.

12 SEC. 537. Not later than 90 days after the date of en13 actment of this Act, the Secretary of Homeland Security

14 acting through the Under Secretary for Emergency Pre15 paredness shall propose new inspection guidelines that pro16 hibit inspectors from entering into a contract with any in17 dividual or entity for whom the inspector performs an in18 spection for purposes of determining eligibility for assist19 ance from the Federal Emergency Management Agency.

20 SEC. 538. None of the funds appropriated under this

21 Act may be used to promulgate regulations to implement

22 the plan developed pursuant to section 7209(b) of the 9/11

23 Commission Implementation Act of 2004 (8 U.S.C. 1185

24 note) to limit United States citizens to a passport as the
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1 exclusive document to be presented upon entry into the

2 United States from Canada by land.

3 SEC. 539. (a) Congress makes the following findings:

4 (1) The Homeland Security Advisory System

5 had been raised to threat level Code Orange, a level

6 which indicates a high risk of terrorist attack, on six

7 occasions since the Advisory System was created in

8 March 2002, prior to the raising of the threat level to

9 Code Orange following the bombings that occurred in

10 London on July 7, 2005.

11 (2) The Code Orange threat level remained in

12 place for an average of 13 days on each of the first

13 five occasions that it was raised to that level.

14 (3) The sixth elevation of the threat level to Code

15 Orange occurred in August 2004 and ended 98 days

16 later, making it four times longer than any other such

17 alert and constituting half of the days that the United

18 States has been under a high risk of terrorist attack.

19 (4) The Conference of Mayors estimates that cit20 ies in the United States spend some $70,000,000 per

21 week to implement security measures associated with

22 the Code Orange threat level.

23 (5) The recommendation to elevate the threat

24 level is made by the Homeland Security Council, a

25 group of Cabinet officials and senior advisors to the
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1 President and Vice President, (in this section referred

2 to as the ‘‘Council’’).

3 (6) In May 2005, Secretary of Homeland Secu4 rity Tom Ridge revealed that there was often consid5 erable disagreement among the members of the Coun6 cil as to whether or not the threat level should be

7 raised.

8 (7) There remains considerable confusion among

9 the public and State and local government officials as

10 to the decision-making process and criteria used by

11 the Council in deciding whether the threat level should

12 be raised to Code Orange.

13 (b) Not later than 180 days after the date of the enact14 ment of this Act, the Comptroller General of the United

15 States shall conduct a study examining the six occasions

16 in which the Homeland Security Advisory System was

17 raised to Code Orange prior to July 2005 and submit to

18 Congress a report on such study.

19 (c) The report required by subsection (b) shall include

20 an explanation and analysis of the decision-making process

21 used by the Council to raise the threat level to Code Orange

22 in each of the six instances prior to July 2005, including—

23 (1) the criteria and standards used by the Coun24 cil in reaching its decision;
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1 (2) a description of deliberations and votes of the

2 Council were conducted, and whether any of the delib3 erations and votes have been transcribed or were oth4 erwise recorded in some manner;

5 (3) an explanation for the decision, on the sixth

6 occasion, for the threat level to remain elevated for 98

7 days, and what role, if any, staff of the White House

8 played in the decision to raise the level on that occa9 sion;

10 (4) a description of the direct and indirect costs

11 incurred by cities, States, or the Federal Government

12 after the threat level was raised to Code Orange on

13 each of the six occasions; and

14 (5) the recommendations of the Comptroller Gen15 eral of the United States, if any, for improving the

16 Homeland Security Advisory System, including rec17 ommendations regarding—

18 (A) measures that could be carried out to

19 build greater public awareness and confidence in

20 the work of the Council;

21 (B) whether the Council and the Secretary

22 of Homeland Security could benefit from greater

23 transparency and the development of more clear24 ly articulated public standards in the threat level

25 decision-making process;
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1 (C) whether the current composition of the

2 Council should be modified to include representa3 tives from the States; and

4 (D) the measures that could be carried out

5 to minimize the costs to States and municipali6 ties during periods when the Homeland Security

7 Advisory System is raised to level to Code Or8 ange.

9 (d) The report required by subsection (b) shall be sub10 mitted in an unclassified form.

11 SEC. 540. STRENGTHENING SECURITY AT NUCLEAR

12 POWER PLANTS. (a) FINDINGS.—The Senate finds that—

13 (1) A taped interview shown on al-Jazeera tele14 vision on September 10, 2002, included a statement

15 that al-Qaeda initially planned to include a nuclear

16 power plant in its 2001 attacks on the United States.

17 (2) In the 108th Congress, the Senate Environ18 ment and Public Works Committee approved bipar19 tisan legislation to improve nuclear plant security.

20 No action was taken by the full Senate.

21 (3) Last month, the Senate Environment and

22 Public Works Committee again approved bipartisan

23 legislation to improve nuclear plant security.

24 (b) SENSE OF THE SENATE.—It is the sense of the Sen25 ate that the Congress should pass bipartisan legislation to
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1 address nuclear power plant security prior to the August

2 recess.

3 SEC. 541. SENSE OF THE SENATE REGARDING

4 THREAT ASSESSMENT OF MAJOR TOURIST ATTRACTIONS.

5 (a) FINDINGS.—The Senate finds that:

6 (1) Whereas terrorists target areas of high popu7 lation and national significance in order to inflict the

8 most damage to a free society.

9 (2) Whereas preparedness is vital in emergency

10 planning, prevention and response to a terrorist at11 tack.

12 (3) Whereas first responders in cities with na13 tionally significant tourist populations face increased

14 strain in training and preparation for terrorism.

15 (4) Whereas cities with nationally significant

16 tourist populations have been previously targeted by

17 terrorist groups in an effort to disrupt the economy

18 and spread fear and anxiety.

19 (5) Whereas tens of millions of Americans travel

20 to tourist destinations annually and many of those

21 destinations lie outside of major cities and therefore

22 are not adequately addressed by threat assessments

23 that only include permanent city residents.

24 (b) SENSE OF THE SENATE.—It is the sense of the Sen25 ate that in the assessment of threat as it relates to the dis-
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1 persal of Department of Homeland Security funding the

2 Secretary should consider tourism destinations that attract

3 tens of millions of visitors annually as potentially high risk

4 targets.

5 TITLE VI—HOMELAND SECURITY GRANT

6 ENHANCEMENT

7 SEC. 601. SHORT TITLE. This title may be cited as

8 the ‘‘Homeland Security Grant Enhancement Act of 2005’’.

9 SEC. 602. INTERAGENCY COMMITTEE TO COORDINATE

10 AND STREAMLINE HOMELAND SECURITY GRANT PRO11 GRAMS. (a) IN GENERAL.—Title VIII of the Homeland Se12 curity Act of 2002 (6 U.S.C. 361 et seq.) is amended by

13 inserting after section 801 the following:

14 ‘‘SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND

15 STREAMLINE HOMELAND SECURITY GRANT

16 PROGRAMS.

17 ‘‘(a) ESTABLISHMENT.—

18 ‘‘(1) IN GENERAL.—Consistent with section 871,

19 the Secretary, in coordination with the Attorney Gen20 eral, the Secretary of Health and Human Services,

21 the Secretary of Transportation, the Administrator of

22 the Environmental Protection Agency, and other

23 agencies providing assistance for emergency response

24 provider preparedness, as identified by the President,

25 shall establish the Interagency Committee to Coordi-
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1 nate and Streamline Homeland Security Grant Pro2 grams (referred to in this subtitle as the ‘Interagency

3 Committee’).

4 ‘‘(2) COMPOSITION.—The Interagency Committee

5 shall be composed of—

6 ‘‘(A) at least 2 representatives of the De7 partment, including a representative of the

8 United States Fire Administration;

9 ‘‘(B) a representative of the Department of

10 Health and Human Services;

11 ‘‘(C) a representative of the Department of

12 Transportation;

13 ‘‘(D) a representative of the Department of

14 Justice;

15 ‘‘(E) a representative of the Environmental

16 Protection Agency;

17 ‘‘(F) at least 2 State Governors, or their

18 designees, or other local or tribal officials; and

19 ‘‘(G) a representative of any other depart20 ment or agency determined to be necessary by

21 the President.

22 ‘‘(3) RESPONSIBILITIES.—The Interagency Com23 mittee shall—
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1 ‘‘(A) provide any findings to the Informa2 tion Clearinghouse established under section

3 801(c);

4 ‘‘(B) consult with State and local govern5 ments and emergency response providers regard6 ing their homeland security needs and capabili7 ties;

8 ‘‘(C) advise the Secretary on the develop9 ment of performance measures for homeland se10 curity and other first responder assistance pro11 grams;

12 ‘‘(D) compile a list of homeland security

13 and other first responder assistance programs;

14 ‘‘(E) not later than 1 year after the date of

15 enactment of the Homeland Security Grant En16 hancement Act of 2005—

17 ‘‘(i) develop a proposal to coordinate,

18 to the maximum extent practicable, the

19 planning, reporting, application, and other

20 guidance documents contained in homeland

21 security assistance programs to—

22 ‘‘(I) eliminate all redundant and

23 duplicative requirements and onerous

24 application and ongoing reporting re25 quirements;
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1 ‘‘(II) ensure accountability of the

2 programs to the intended purposes of

3 such programs;

4 ‘‘(III) coordinate expenditures of

5 grant funds to avoid duplicative or in6 consistent purchases; and

7 ‘‘(IV) make the programs as user

8 friendly as possible for applicants, in9 cluding reducing lapsed time between

10 grant applications, decisions and pay11 ments, easing fund matching require12 ments, and improving application

13 guidance; and

14 ‘‘(ii) submit the proposal developed

15 under clause (i) to—

16 ‘‘(I) the President;

17 ‘‘(II) the Committee on Homeland

18 Security and Governmental Affairs of

19 the Senate; and

20 ‘‘(III) the Committee on Home21 land Security of the House of Rep22 resentatives; and

23 ‘‘(F) otherwise promote the coordination of

24 homeland security grant programs throughout

25 the Federal government.
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1 ‘‘(b) ADMINISTRATION.—The Department shall provide

2 administrative support to the Interagency Committee,

3 which shall include—

4 ‘‘(1) scheduling meetings;

5 ‘‘(2) preparing agenda;

6 ‘‘(3) maintaining minutes and records; and

7 ‘‘(4) producing reports.

8 ‘‘(c) CHAIRPERSON.—The Secretary shall designate a

9 chairperson of the Interagency Committee.

10 ‘‘(d) MEETINGS.—The Interagency Committee shall

11 meet—

12 ‘‘(1) at the call of the Secretary; or

13 ‘‘(2) not less frequently than once every month.’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

15 table of contents for the Homeland Security Act of 2002

16 (6 U.S.C. 101 et seq.) is amended by inserting after the

17 item relating to section 801 the following:

‘‘Sec. 802. Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs.’’.

18 SEC. 603. STREAMLINING FEDERAL HOMELAND SECU19 RITY GRANT ADMINISTRATION. (a) DIRECTOR OF STATE

20 AND LOCAL GOVERNMENT COORDINATION AND PREPARED21 NESS.—Section 801(a) of the Homeland Security Act of

22 2002 (6 U.S.C. 361(a)) is amended to read as follows:

23 ‘‘(a) ESTABLISHMENT.—
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1 ‘‘(1) IN GENERAL.—There is established within

2 the Office of the Secretary the Office for State and

3 Local Government Coordination and Preparedness,

4 which shall oversee and coordinate departmental pro5 grams for, and relationships with, State and local

6 governments.

7 ‘‘(2) EXECUTIVE DIRECTOR.—The Office estab8 lished under paragraph (1) shall be headed by the Ex9 ecutive Director of State and Local Government Co10 ordination and Preparedness, who shall be appointed

11 by the President, by and with the advice and consent

12 of the Senate.’’.

13 (b) OFFICE FOR DOMESTIC PREPAREDNESS.—The

14 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is

15 amended—

16 (1) by redesignating section 430 as section 803

17 and transferring that section to the end of subtitle A

18 of title VIII, as amended by section 602; and

19 (2) in section 803, as redesignated by paragraph

20 (1)—

21 (A) in subsection (a), by striking ‘‘the Di22 rectorate of Border and Transportation Secu23 rity’’ and inserting ‘‘the Office for State and

24 Local Government Coordination and Prepared25 ness’’;
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1 (B) in subsection (b), by striking ‘‘who shall

2 be appointed by the President’’ and all that fol3 lows and inserting ‘‘who shall report directly to

4 the Executive Director of State and Local Gov5 ernment Coordination and Preparedness.’’; and

6 (C) in subsection (c)—

7 (i) in paragraph (7)—

8 (I) by striking ‘‘other’’ and insert9 ing ‘‘the’’; and

10 (II) by striking ‘‘consistent with

11 the mission and functions of the Direc12 torate’’;

13 (ii) in paragraph (8)—

14 (I) by inserting ‘‘carrying out’’

15 before ‘‘those elements’’; and

16 (II) by striking ‘‘and’’ at the end;

17 (iii) in paragraph (9), by striking the

18 period at the end and inserting ‘‘; and’’;

19 and

20 (iv) by adding at the end the following:

21 ‘‘(10) managing the Homeland Security Infor22 mation Clearinghouse established under section

23 801(c).’’.

24 (c) TECHNICAL AND CONFORMING AMENDMENTS.—
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1 (1) TABLE OF CONTENTS.—The table of contents

2 for the Homeland Security Act of 2002 (6 U.S.C. 101

3 et seq.) is amended—

4 (A) by striking the item relating to section

5 430;

6 (B) by amending the item relating to sec7 tion 801 to read as follows:

‘‘Sec. 801. Office of State and Local Government Coordination and Preparedness.’’;

8 and

9 (C) by inserting after the item relating to

10 section 802, as added by this title, the following:

‘‘Sec. 803. Office for Domestic Preparedness.’’.

11 (2) SECTION HEADING.—Section 801 of the

12 Homeland Security Act of 2002 (6 U.S.C. 361) is

13 amended by striking the section heading and insert14 ing the following:

15 ‘‘SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT CO16 ORDINATION AND PREPAREDNESS.’’.

17 (d) ESTABLISHMENT OF HOMELAND SECURITY INFOR18 MATION CLEARINGHOUSE.—Section 801 of the Homeland

19 Security Act of 2002 (6 U.S.C. 361), as amended by sub20 section (a), is further amended by adding at the end the

21 following:

22 ‘‘(c) HOMELAND SECURITY INFORMATION CLEARING23 HOUSE.—
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1 ‘‘(1) ESTABLISHMENT.—There is established

2 within the Office for State and Local Government Co3 ordination and Preparedness a Homeland Security

4 Information Clearinghouse (referred to in this section

5 as the ‘Clearinghouse’), which shall assist States, local

6 governments, and emergency response providers in ac7 cordance with paragraphs (2) through (6).

8 ‘‘(2) HOMELAND SECURITY GRANT INFORMA9 TION.—The Clearinghouse shall create a new website

10 or enhance an existing website, establish a toll-free

11 number, and produce a single publication that each

12 contain information regarding the homeland security

13 grant programs administered by the Department.

14 ‘‘(3) TECHNICAL ASSISTANCE.—The Clearing15 house, in consultation with the Interagency Com16 mittee established under section 802, shall provide in17 formation regarding technical assistance provided by

18 any Federal agency to States and local governments

19 relating to homeland security matters, including tem20 plates for conducting threat analyses and vulner21 ability assessments.

22 ‘‘(4) BEST PRACTICES.—The Clearinghouse shall

23 work with States, local governments, emergency re24 sponse providers, the National Domestic Preparedness

25 Consortium, the National Memorial Institute for the
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1 Prevention of Terrorism, and private organizations to

2 gather, validate, and disseminate information regard3 ing successful State and local homeland security pro4 grams and practices.

5 ‘‘(5) USE OF FEDERAL FUNDS.—The Clearing6 house shall compile information regarding equipment,

7 training, and other services that can be purchased

8 with Federal funds provided under homeland security

9 grant programs and make such information, and in10 formation regarding voluntary standards of training,

11 equipment, and exercises, available to States, local

12 governments, and emergency response providers.

13 ‘‘(6) OTHER INFORMATION.—The Clearinghouse

14 shall provide States, local governments, and emer15 gency response providers with any other information

16 that the Secretary determines necessary.’’.

17 SEC. 604. ESSENTIAL CAPABILITIES FOR FIRST RE18 SPONDERS AND THREAT-BASED HOMELAND SECURITY

19 GRANT PROGRAM. (a) IN GENERAL.—The Homeland Secu20 rity Act of 2002 (6 U.S.C. 101 et seq.) is amended by add21 ing at the end the following:
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1 ‘‘TITLE XVIII—ESSENTIAL CAPA2 BILITIES FOR FIRST RE3 SPONDERS AND THREAT4 BASED HOMELAND SECURITY

5 GRANT PROGRAM

6 ‘‘SEC. 1801. DEFINITIONS.

7 ‘‘In this title, the following definitions shall apply:

8 ‘‘(1) DIRECTLY ELIGIBLE TRIBE.—The term ‘di9 rectly eligible tribe’ means—

10 ‘‘(A) any Indian tribe, as that term is de11 fined in section 4(e) of the Indian Self-Deter12 mination and Education Assistance Act (25

13 U.S.C. 450b(e)), that—

14 ‘‘(i) is located in the continental

15 United States;

16 ‘‘(ii) operates a law enforcement or

17 emergency response agency with the capac18 ity to respond to calls for law enforcement

19 or emergency services;

20 ‘‘(iii) is located—

21 ‘‘(I) on, or within 10 miles of, an

22 international border or a coastline bor23 dering an ocean or international wa24 ters;
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1 ‘‘(II) within 5 miles of critical in2 frastructure or having critical infra3 structure within its territory; or

4 ‘‘(III) within or contiguous to 1 of

5 the 50 largest metropolitan statistical

6 areas in the United States; and

7 ‘‘(iv) certifies to the Secretary that a

8 State or eligible metropolitan region is not

9 making funds distributed under this title

10 available to the Indian tribe or consortium

11 of Indian tribes for the purpose for which

12 the Indian tribe or consortium of Indian

13 tribes is seeking grant funds; and

14 ‘‘(B) a consortium of Indian tribes if each

15 tribe satisfies the requirements of subparagraph

16 (A).

17 ‘‘(2) ELIGIBLE METROPOLITAN REGION.—The

18 term ‘eligible metropolitan region’ means the fol19 lowing:

20 ‘‘(A) IN GENERAL.—A combination of 2 or

21 more incorporated municipalities, counties, par22 ishes, or Indian tribes within a metropolitan re23 gion that includes the city in that metropolitan

24 region with the largest population. Such eligible

25 metropolitan region may include additional local
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1 governments outside the metropolitan region that

2 are likely to be affected by, or be called upon to

3 respond to, a terrorist attack or other cata4 strophic event within the metropolitan region.

5 ‘‘(B) OTHER COMBINATIONS.—Any other

6 combination of contiguous local governments that

7 are formally certified by the Secretary as an eli8 gible metropolitan region for purposes of this

9 title with the consent of the State or States in

10 which such local governments are located.

11 ‘‘(3) ESSENTIAL CAPABILITIES.—The term ‘es12 sential capabilities’ means the levels, availability, and

13 competence of emergency personnel, planning, train14 ing, and equipment across a variety of disciplines

15 needed to effectively and efficiently prevent, prepare

16 for, and respond to threatened or actual domestic ter17 rorist attacks and other catastrophic events.

18 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’

19 means an entity described under section 2(10)(B).

20 ‘‘(5) METROPOLITAN REGION.—The term ‘metro21 politan region’ means—

22 ‘‘(A) any of the 100 largest metropolitan

23 statistical areas in the United States, as defined

24 by the Office of Management and Budget; or
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1 ‘‘(B) any combined statistical area, as de2 fined by the Office of Management and Budget,

3 of which any metropolitan statistical area cov4 ered by subparagraph (A) is a part.

5 ‘‘(6) POPULATION.—The term ‘population’

6 means population according to the most recent United

7 States census population estimates available at the

8 start of the relevant fiscal year.

9 ‘‘(7) POPULATION DENSITY.—The term ‘popu10 lation density’ means population divided by land

11 area in square miles.

12 ‘‘(8) SLIDING SCALE BASELINE ALLOCATION.—

13 The term ‘sliding scale baseline allocation’ means

14 0.001 multiplied by the sum of—

15 ‘‘(A) the value of a State’s population rel16 ative to that of the most populous of the 50

17 States of the United States, where the population

18 of such States has been normalized to a max19 imum value of 100; and

20 ‘‘(B) one-fourth of the value of a State’s

21 population density relative to that of the most

22 densely populated of the 50 States of the United

23 States, where the population density of such

24 States has been normalized to a maximum value

25 of 100.
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1 ‘‘(9) THREAT-BASED HOMELAND SECURITY

2 GRANT PROGRAM.—The term ‘Threat-Based Home3 land Security Grant Program’ means the program es4 tablished under section 1804.

5 ‘‘SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS

6 FOR TRADITIONAL FIRST RESPONDER MIS7 SIONS.

8 ‘‘(a) IN GENERAL.—This title shall not be construed

9 to affect any authority to award grants under any Federal

10 grant program listed under subsection (b), which existed on

11 September 10, 2001, to enhance traditional missions of

12 State and local law enforcement, firefighters, ports, emer13 gency medical services, or public health missions.

14 ‘‘(b) PROGRAMS NOT AFFECTED.—The programs re15 ferred to in subsection (a) are the following:

16 ‘‘(1) The Firefighter Assistance Program author17 ized under section 33 of the Federal Fire Prevention

18 and Control Act of 1974 (15 U.S.C. 2229) and pro19 grams under section 34 of that Act (15 U.S.C.

20 2229a).

21 ‘‘(2) All grant programs authorized under the

22 Robert T. Stafford Disaster Relief and Emergency As23 sistance Act (42 U.S.C. 5121 et seq.), including the

24 Emergency Management Performance Grant Program

25 and the Urban Search and Rescue Grant program.
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1 ‘‘(3) The Justice Assistance Grants authorized

2 under part E of title I of the Omnibus Crime Control

3 and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.)

4 (commonly known as the Edward Byrne Memorial

5 State and Local Law Enforcement Assistance Pro6 grams).

7 ‘‘(4) The Public Safety and Community Policing

8 (COPS ON THE BEAT) Grant Program authorized

9 under part Q of title I of the Omnibus Crime Control

10 and Safe Streets Act of 1968 (42 U.S.C. 3796dd et

11 seq.).

12 ‘‘(5) Grant programs under the Public Health

13 Service Act regarding preparedness for bioterrorism

14 and other public health emergencies and the Emer15 gency Response Assistance Program authorized under

16 section 1412 of the Defense Against Weapons of Mass

17 Destruction Act of 1996 (50 U.S.C. 2312).

18 ‘‘SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPOND19 ERS.

20 ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILITIES.—

21 ‘‘(1) IN GENERAL.—Building upon the national

22 preparedness guidance issued by the Secretary, the

23 Secretary shall establish clearly defined essential ca24 pabilities for State and local governments, in con25 sultation with—
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1 ‘‘(A) the Task Force on Essential Capabili2 ties for First Responders established under sub3 section (d);

4 ‘‘(B) the Under Secretaries for Emergency

5 Preparedness and Response (including represent6 atives of the United States Fire Administration),

7 Border and Transportation Security, Informa8 tion Analysis and Infrastructure Protection, and

9 Science and Technology, and the Executive Di10 rector of the Office for State and Local Govern11 ment Coordination and Preparedness;

12 ‘‘(C) the Secretary of Health and Human

13 Services;

14 ‘‘(D) other appropriate Federal agencies;

15 ‘‘(E) State and local emergency response

16 providers;

17 ‘‘(F) State and local officials; and

18 ‘‘(G) consensus-based standard making or19 ganizations responsible for setting standards rel20 evant to the first responder community.

21 ‘‘(2) DEADLINES.—The Secretary shall—

22 ‘‘(A) establish essential capabilities under

23 paragraph (1) within 30 days after receipt of the

24 first report under subsection (d)(3); and
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1 ‘‘(B) regularly update such essential capa2 bilities as necessary, but not less than every 3

3 years.

4 ‘‘(3) PROVISION OF ESSENTIAL CAPABILITIES.—

5 The Secretary shall ensure that a detailed description

6 of the essential capabilities established under para7 graph (1) is provided promptly to the States and to

8 Congress. The States shall make the description of the

9 essential capabilities available as appropriate to local

10 governments within their jurisdictions.

11 ‘‘(b) OBJECTIVES.—The Secretary shall ensure that es12 sential capabilities established under subsection (a)(1) meet

13 the following objectives:

14 ‘‘(1) SPECIFICITY.—The determination of essen15 tial capabilities shall describe specifically the train16 ing, planning, personnel, and equipment that dif17 ferent types of communities in the Nation should pos18 sess, or to which they should have access, in order to

19 meet the Department’s goals for preparedness based

20 upon—

21 ‘‘(A) the national preparedness goal, the

22 target capabilities list, and the national pre23 paredness guidance;

24 ‘‘(B) the most current risk assessment avail25 able by the Directorate for Information Analysis
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1 and Infrastructure Protection of the threats of

2 terrorism against the United States;

3 ‘‘(C) the risks faced by different types of

4 communities, including communities of various

5 sizes, geographies, and other distinguishing char6 acteristics; and

7 ‘‘(D) the principles of regional coordination

8 and mutual aid among State and local govern9 ments.

10 ‘‘(2) FLEXIBILITY.—The establishment of essen11 tial capabilities shall be sufficiently flexible to allow

12 State and local government officials to set priorities

13 based on local or regional needs, while reaching na14 tionally determined preparedness levels within a spec15 ified time period.

16 ‘‘(3) MEASURABILITY.—The establishment of es17 sential capabilities shall be designed to enable meas18 urement of progress toward specific terrorism pre19 paredness goals.

20 ‘‘(4) COMPREHENSIVENESS.—The determination

21 of essential capabilities shall be made within the con22 text of a comprehensive State emergency management

23 system.

24 ‘‘(c) FACTORS TO BE CONSIDERED.—In establishing

25 essential capabilities for different types of communities
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1 under subsection (a)(1), the Secretary specifically shall con2 sider the variables of threat, vulnerability, and consequences

3 with respect to population (including transient commuting

4 and tourist populations), areas of high population density,

5 critical infrastructure, coastline, and international borders.

6 Such consideration shall be based upon the most current

7 risk assessment available by the Directorate for Information

8 Analysis and Infrastructure Protection of the threats of ter9 rorism against the United States and the needs described

10 in the national preparedness guidance and the target capa11 bilities list.

12 ‘‘(d) TASK FORCE ON ESSENTIAL CAPABILITIES FOR

13 FIRST RESPONDERS.—

14 ‘‘(1) ESTABLISHMENT.—

15 ‘‘(A) IN GENERAL.—To assist the Secretary

16 in establishing essential capabilities under sub17 section (a)(1), the Secretary shall establish an

18 advisory body under section 871(a) not later

19 than 60 days after the date of enactment of this

20 section, which shall be known as the Task Force

21 on Essential Capabilities for First Responders.

22 ‘‘(B) TERMINATION.—Notwithstanding sec23 tion 871(b), the Task Force shall terminate 5

24 years after the date of its establishment, unless

25 the Secretary makes a written determination to
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1 extend the Task Force to a specified date, which

2 shall not be more than 5 years after the date on

3 which such determination is made. The Sec4 retary may make any number of subsequent ex5 tensions consistent with this subsection.

6 ‘‘(2) PUBLIC COMMENT.—Not later than 90 days

7 after the date of enactment of this section, the Task

8 Force shall solicit comment on the establishment of es9 sential capabilities for State and local government

10 preparedness.

11 ‘‘(3) REPORT.—

12 ‘‘(A) IN GENERAL.—Not later than 9

13 months after the establishment of the Task Force

14 by the Secretary, and every 3 years thereafter,

15 the Task Force shall submit to the Secretary a

16 report on its recommendations for essential ca17 pabilities for preparedness for terrorism.

18 ‘‘(B) CONTENTS.—Each report shall—

19 ‘‘(i) provide a thorough assessment of

20 the national preparedness guidance and

21 target capabilities list and recommenda22 tions for revisions;

23 ‘‘(ii) include a priority ranking of es24 sential capabilities in order to provide

25 guidance to the Secretary and to Congress
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1 on determining the appropriate allocation

2 of, and funding levels for, first responder

3 needs;

4 ‘‘(iii) set forth a methodology by which

5 any State or local government will be able

6 to determine the extent to which it possesses

7 or has access to the essential capabilities

8 that States and local governments having

9 similar risks should obtain; and

10 ‘‘(iv) describe the availability of na11 tional voluntary consensus standards, and

12 whether there is a need for new national

13 voluntary consensus standards, with respect

14 to first responder training and equipment.

15 ‘‘(C) COMPREHENSIVENESS.—The Task

16 Force shall ensure that, when recommending es17 sential capabilities for terrorism preparedness,

18 such recommendations are made within the con19 text of a comprehensive State emergency manage20 ment system.

21 ‘‘(4) MEMBERSHIP.—

22 ‘‘(A) IN GENERAL.—The Task Force shall

23 consist of 25 members appointed by the Sec24 retary, and shall, to the extent practicable, rep25 resent a geographic and substantive cross section
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1 of first responder disciplines from the State and

2 local government levels, including as

3 appropriate—

4 ‘‘(i) members selected from the emer5 gency response field, including fire service

6 and law enforcement, hazardous materials

7 response, emergency medical services, and

8 emergency management personnel;

9 ‘‘(ii) health scientists, emergency and

10 inpatient medical providers, and public

11 health professionals, including experts in

12 emergency health care response to chemical,

13 biological, radiological, and nuclear ter14 rorism, and experts in providing mental

15 health care during emergency response oper16 ations;

17 ‘‘(iii) experts from Federal, State, and

18 local governments, and the private sector,

19 representing standards-setting organiza20 tions, including representatives from the

21 voluntary consensus codes and standards

22 development community, particularly those

23 with expertise in first responder disciplines;

24 and
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1 ‘‘(iv) State and local officials with ex2 pertise in terrorism preparedness and other

3 emergency preparedness.

4 ‘‘(B) COORDINATION WITHTHE DEPART5 MENT OF HEALTH AND HUMAN SERVICES.—In

6 the selection of members of the Task Force who

7 are health professionals, including emergency

8 medical professionals, the Secretary shall coordi9 nate the selection with the Secretary of Health

10 and Human Services.

11 ‘‘(C) EX OFFICIO MEMBERS.—The Secretary

12 shall designate 1 or more officers of the Depart13 ment to serve as ex officio members of the Task

14 Force. One of the ex officio members from the De15 partment shall be the designated officer of the

16 Federal Government for purposes of subsection

17 (e) of section 10 of the Federal Advisory Com18 mittee Act (5 U.S.C. App.).

19 ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COM20 MITTEE ACT.—Notwithstanding section 871(a), the

21 Federal Advisory Committee Act (5 U.S.C. App.), in22 cluding subsections (a), (b), and (d) of section 10 of

23 the Federal Advisory Committee Act, and section

24 552b(c) of title 5, United States Code, shall apply to

25 the Task Force.
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1 ‘‘SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT

2 PROGRAM.

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—There is established the

5 Threat-Based Homeland Security Grant Program,

6 which includes—

7 ‘‘(A) formula-based grants for State and

8 local programs administered by the Office of

9 State and Local Government Coordination and

10 Preparedness, including the State Homeland Se11 curity Grant Program, and the Law Enforce12 ment Terrorism Prevention Program under sec13 tion 1014 of the USA PATRIOT ACT (42

14 U.S.C. 3714);

15 ‘‘(B) discretionary grants for State and

16 local programs administered by the Office of

17 State and Local Government Coordination and

18 Preparedness for use in high-threat, high-density

19 urban areas, including the Urban Area Security

20 Initiative Program; and

21 ‘‘(C) any successor program to any program

22 described in subparagraph (A) or (B).

23 ‘‘(2) GRANTS AUTHORIZED.—The Secretary may

24 award grants to States and eligible metropolitan re25 gions under the Threat-Based Homeland Security

26 Grant Program to enhance homeland security.
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1 ‘‘(3) RELATIONSHIP TO OTHER LAWS.—The

2 Threat-Based Homeland Security Grant Program

3 shall be deemed to satisfy the requirements of section

4 1014 of the USA PATRIOT ACT (42 U.S.C. 3714).

5 The allocation of grants authorized under this section

6 shall be governed by the terms of this section and not

7 by any other provision of law.

8 ‘‘(b) USE OF FUNDS.—

9 ‘‘(1) IN GENERAL.—Grants awarded under this

10 section—

11 ‘‘(A) shall be used to address homeland secu12 rity matters related to acts of terrorism or cata13 strophic events, related capacity building, or oth14 erwise addressing shortfalls in essential capabili15 ties; and

16 ‘‘(B) shall not be used to supplant ongoing

17 emergency response expenses or general protective

18 measures.

19 ‘‘(2) ALLOWABLE USES.—Grants awarded under

20 this section may be used to achieve essential capabili21 ties through—

22 ‘‘(A) developing State or regional plans or

23 risk assessments (including the development of

24 the homeland security plan under subsection (e))

25 to respond to terrorist attacks or other cata-
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1 strophic events and community wide plans for

2 responding to terrorist or catastrophic events

3 that are coordinated with the capacities of appli4 cable Federal, State, and local governments,

5 emergency response providers, and State and

6 local government health agencies;

7 ‘‘(B) developing State, regional, or local

8 mutual aid agreements;

9 ‘‘(C) purchasing, upgrading, storing, or

10 maintaining equipment based on State and local

11 needs as identified under a State homeland secu12 rity plan, consistent with essential capability

13 needs;

14 ‘‘(D) conducting exercises to strengthen

15 emergency preparedness of State and local first

16 responders including law enforcement, fire17 fighting personnel, and emergency medical serv18 ice workers, and other emergency responders

19 identified in a State homeland security plan;

20 ‘‘(E) paying for expenses relating to—

21 ‘‘(i) overtime regarding training ac22 tivities consistent with the goals outlined in

23 a State homeland security plan; and

24 ‘‘(ii) as determined by the Secretary,

25 overtime activities relating to an increase
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1 in the threat level under the Homeland Se2 curity Advisory System;

3 ‘‘(F) promoting training relating to home4 land security preparedness including—

5 ‘‘(i) emergency preparedness responses

6 to a use or threatened use of a weapon of

7 mass destruction; and

8 ‘‘(ii) training in the use of equipment,

9 including detection, monitoring, and decon10 tamination equipment, and personal protec11 tive gear;

12 ‘‘(G) conducting any activity permitted

13 under the Law Enforcement Terrorism Preven14 tion Grant Program under section 1014 of the

15 USA PATRIOT ACT (42 U.S.C. 3714); and

16 ‘‘(H) any other activity relating to achiev17 ing essential capabilities approved by the Sec18 retary.

19 ‘‘(3) PROHIBITED USES.—Grants awarded under

20 this section may not be used to construct buildings or

21 other physical facilities, except those described in sec22 tion 611 of the Robert T. Stafford Disaster Relief and

23 Emergency Assistance Act (42 U.S.C. 5196) and ap24 proved by the Secretary in the homeland security

25 plan certified under subsection (e), or to acquire land.
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1 ‘‘(c) EQUIPMENT STANDARDS.—If an applicant for a

2 grant under this section proposes to upgrade or purchase,

3 with assistance provided under the grant, new equipment

4 or systems that do not meet or exceed any applicable na5 tional voluntary consensus standards established by the Sec6 retary under section 1807(a), the applicant shall include

7 in the application an explanation of why such equipment

8 or systems will serve the needs of the applicant better than

9 equipment or systems that meet or exceed such standards.

10 ‘‘(d) APPLICATION.—

11 ‘‘(1) STATES.—

12 ‘‘(A) SUBMISSION.—A State may apply for

13 a grant under this section by submitting to the

14 Secretary an application detailing how requested

15 funds would be used to achieve essential capabili16 ties and containing such other information the

17 Secretary may reasonably require.

18 ‘‘(B) REVISIONS.—A State may revise a

19 homeland security plan certified under sub20 section (e) at the time an application is sub21 mitted under subparagraph (A) after receiving

22 approval from the Secretary.

23 ‘‘(C) APPROVAL.—The Secretary shall not

24 award a grant under this section unless—
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1 ‘‘(i) the State submitting the applica2 tion has previously submitted a homeland

3 security plan meeting the requirements of

4 subsection (e); and

5 ‘‘(ii) the Secretary finds that the report

6 submitted by the recipient under subsection

7 (g) demonstrates significant progress toward

8 achieving essential capabilities and meeting

9 the goals in the homeland security plan of

10 the State.

11 ‘‘(D) RELEASE OF FUNDS.—The Secretary

12 shall release grant funds to States with approved

13 plans after the approval of an application sub14 mitted under this paragraph.

15 ‘‘(2) ELIGIBLE METROPOLITAN REGIONS.—

16 ‘‘(A) SUBMISSION.—An eligible metropoli17 tan region may apply for a grant under this sec18 tion by submitting an application through the

19 Governor of each State within which any part of

20 the relevant metropolitan region is located.

21 ‘‘(B) CONTENTS.—An application under

22 this paragraph shall include—

23 ‘‘(i) a description of how requested

24 funds would be used to achieve essential ca25 pabilities;
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1 ‘‘(ii) an explanation of how the pro2 posed use of funds would be consistent with

3 the homeland security plans of all relevant

4 States;

5 ‘‘(iii) a geographic description of the

6 eligible metropolitan region, including a list

7 of all local governments participating in the

8 application;

9 ‘‘(iv) an explanation of how the appli10 cant intends to expend funds under the

11 grant, to administer such funds, and to al12 locate such funds among the participating

13 local governments;

14 ‘‘(v) if not all of the incorporated mu15 nicipalities, counties, parishes, or Indian

16 tribes in a metropolitan region are partici17 pating in the application, or if additional

18 local governments outside the metropolitan

19 region are participating, an explanation of

20 why the eligible metropolitan region, as con21 stituted, is an appropriate unit to receive

22 grants to prevent, prepare for, and respond

23 to acts of terrorism and other catastrophic

24 events; and
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1 ‘‘(vi) such other information the Sec2 retary may reasonably require.

3 ‘‘(C) STATE REVIEW AND SUBMISSION.—

4 ‘‘(i) IN GENERAL.—To ensure consist5 ency with State homeland security plans,

6 an eligible metropolitan region or a directly

7 eligible tribe applying for a grant under

8 this paragraph shall submit its application

9 to each State within which any part of the

10 eligible metropolitan region or directly eli11 gible tribe is located for review before sub12 mission of such application to the Sec13 retary.

14 ‘‘(ii) DEADLINE.—Not later than 30

15 days after receiving an application from an

16 eligible metropolitan region or directly eli17 gible tribe, each such State shall transmit

18 the application to the Secretary.

19 ‘‘(iii) STATE DISAGREEMENT.—If the

20 Governor of any such State determines that

21 a regional or tribal application is incon22 sistent with the State homeland security

23 plan of that State, or otherwise does not

24 support the application, the Governor

25 shall—
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1 ‘‘(I) notify the Secretary, in writ2 ing, of that fact; and

3 ‘‘(II) provide an explanation of

4 the reasons for not supporting the ap5 plication at the time of transmission of

6 the application.

7 ‘‘(e) HOMELAND SECURITY PLAN.—

8 ‘‘(1) IN GENERAL.—A State applying for a grant

9 under this section shall have a 3-year State homeland

10 security plan (referred to in this subsection as the

11 ‘plan’) to respond to terrorist attacks and other cata12 strophic events that has been approved by the Sec13 retary.

14 ‘‘(2) CONTENTS.—The plan shall contain—

15 ‘‘(A) a 3-year strategy to—

16 ‘‘(i) ensure that the funds allocated to

17 local governments are used exclusively to

18 meet the needs and capabilities described

19 under paragraph (3)(C);

20 ‘‘(ii) provide for interoperable commu21 nications;

22 ‘‘(iii) provide for local coordination of

23 response and recovery efforts, including pro24 cedures for effective incident command in
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1 conformance with the National Incident

2 Management System;

3 ‘‘(iv) ensure that first responders and

4 other emergency personnel have adequate

5 training and appropriate equipment for the

6 threats that may occur;

7 ‘‘(v) provide for improved coordination

8 and collaboration among law enforcement,

9 fire, and public health authorities at Fed10 eral, State, local, and tribal government lev11 els;

12 ‘‘(vi) coordinate emergency response

13 and public health plans;

14 ‘‘(vii) mitigate risks to critical infra15 structure that may be vulnerable to terrorist

16 attacks;

17 ‘‘(viii) promote regional coordination

18 among contiguous local governments;

19 ‘‘(ix) identify necessary protective

20 measures by private owners of critical in21 frastructure;

22 ‘‘(x) promote orderly evacuation proce23 dures when necessary;

24 ‘‘(xi) ensure support from the public

25 health community for measures needed to
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1 prevent, detect, and treat bioterrorism, and

2 radiological and chemical incidents;

3 ‘‘(xii) increase the number of local ju4 risdictions participating in local and state5 wide exercises; and

6 ‘‘(xiii) meet preparedness goals as de7 termined by the Secretary;

8 ‘‘(B) objective measures for assessing the ex9 tent to which the goals and objectives set forth in

10 paragraph (A) have been achieved;

11 ‘‘(C) priorities for the allocation of funding

12 to local governments based on the risk, capabili13 ties, and needs described under paragraph

14 (3)(C); and

15 ‘‘(D) a report from the relevant advisory

16 committee established under paragraph (3)(D)

17 that documents the areas of support, disagree18 ment, or recommended changes to the plan before

19 its submission to the Secretary.

20 ‘‘(3) DEVELOPMENT PROCESS.—

21 ‘‘(A) IN GENERAL.—In preparing the plan

22 under this section, a State shall—

23 ‘‘(i) provide for the consideration of all

24 homeland security needs;
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1 ‘‘(ii) follow a process that is con2 tinuing, inclusive, cooperative, and com3 prehensive, as appropriate; and

4 ‘‘(iii) coordinate the development of the

5 plan with the homeland security planning

6 activities of local governments.

7 ‘‘(B) COORDINATION WITHLOCAL PLANNING

8 ACTIVITIES.—The coordination under subpara9 graph (A)(iii) shall contain input from local

10 stakeholders, including—

11 ‘‘(i) local officials, including represent12 atives of rural, high-population, and high13 threat jurisdictions and of Indian tribes;

14 ‘‘(ii) emergency response providers;

15 and

16 ‘‘(iii) private sector companies that

17 own or operate critical infrastructure.

18 ‘‘(C) SCOPE OF PLANNING.—Each State

19 preparing a plan under this section shall, in

20 conjunction with the local stakeholders under

21 subparagraph (B), address all the information

22 requested by the Secretary, and complete a com23 prehensive assessment of—

24 ‘‘(i) risk, including a—
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1 ‘‘(I) vulnerability and consequence

2 assessment;

3 ‘‘(II) threat assessment; and

4 ‘‘(III) public health assessment, in

5 coordination with the State bioter6 rorism plan; and

7 ‘‘(ii) capabilities and needs, consistent

8 with the essential capabilities established by

9 the Secretary, including—

10 ‘‘(I) an evaluation of current pre11 paredness, mitigation, and response ca12 pabilities based on such assessment

13 mechanisms as shall be determined by

14 the Secretary;

15 ‘‘(II) an evaluation of capabilities

16 needed to address the risks described

17 under clause (i); and

18 ‘‘(III) an assessment of the short19 fall between the capabilities described

20 under subclause (I) and the required

21 capabilities described under subclause

22 (II).

23 ‘‘(D) ADVISORY COMMITTEE.—

24 ‘‘(i) IN GENERAL.—Each State pre25 paring a plan under this section shall estab-
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1 lish an advisory committee to receive com2 ments from the public and the local stake3 holders identified under subparagraph (B).

4 ‘‘(ii) COMPOSITION.—

5 ‘‘(I) IN GENERAL.—The Advisory

6 Committee shall include—

7 ‘‘(aa) local officials; and

8 ‘‘(bb) emergency response

9 providers, which shall include rep10 resentatives of the fire service, law

11 enforcement, emergency medical

12 response, and emergency man13 agers.

14 ‘‘(II) GEOGRAPHIC REPRESENTA15 TION.—The members of the Advisory

16 Committee shall be a representative

17 group of individuals from the counties,

18 cities, towns, and Indian tribes within

19 the State, including representatives of

20 rural, high-population, and high-threat

21 jurisdictions.

22 ‘‘(4) PLAN APPROVAL.—The Secretary shall ap23 prove a plan upon finding that the plan meets the re24 quirements of—

25 ‘‘(A) paragraphs (2) and (3); and
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1 ‘‘(B) any other criteria the Secretary deter2 mines necessary to the approval of a State plan.

3 ‘‘(5) REVIEW OF ADVISORY COMMITTEE RE4 PORT.—The Secretary shall review the recommenda5 tions of the advisory committee report incorporated

6 into a plan under subsection (e)(2)(D), including any

7 dissenting views submitted by advisory committee

8 members, to ensure cooperation and coordination be9 tween State and local government jurisdictions in

10 planning for the use of grant funds under this section.

11 ‘‘(f) ALLOCATION.—

12 ‘‘(1) SLIDING SCALE BASELINE DISTRIBUTION.—

13 ‘‘(A) STATES.—Each State whose applica14 tion is approved under subsection (d) shall re15 ceive, for each fiscal year, the greater of—

16 ‘‘(i) 0.55 percent of the amounts ap17 propriated for the Threat-Based Homeland

18 Security Grant Program; or

19 ‘‘(ii) the State’s sliding scale baseline

20 allocation of 28.62 percent of the amounts

21 appropriated for the Threat-Based Home22 land Security Grant Program.

23 ‘‘(B) OTHER ENTITIES.—Notwithstanding

24 subparagraph (A)—
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1 ‘‘(i) the District of Columbia shall re2 ceive for each fiscal year 0.55 percent of the

3 amounts appropriated for the Threat-Based

4 Homeland Security Grant Program;

5 ‘‘(ii) the Commonwealth of Puerto Rico

6 shall receive for each fiscal year 0.35 per7 cent of the amounts appropriated for the

8 Threat-Based Homeland Security Grant

9 Program;

10 ‘‘(iii) American Samoa, the Common11 wealth of the Northern Mariana Islands,

12 Guam, and the Virgin Islands shall each re13 ceive 0.055 percent of the amounts appro14 priated for the Threat-Based Homeland Se15 curity Grant Program; and

16 ‘‘(iv) no possession of the United States

17 shall receive a baseline distribution under

18 subparagraph (A).

19 ‘‘(2) URBAN AREA SECURITY INITIATIVE DIS20 TRIBUTION.—

21 ‘‘(A) DISTRIBUTION.—After the distribution

22 under paragraph (1), the Secretary may allocate

23 up to 50 percent of the funds remaining to pro24 vide grants to eligible metropolitan regions and

25 directly eligible tribes.
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1 ‘‘(B) CRITERIA.—

2 ‘‘(i) IN GENERAL.—The Secretary shall

3 allocate the grants under this paragraph to

4 assist eligible metropolitan regions and di5 rectly eligible tribes to achieve essential ca6 pabilities to effectively prevent, prepare for,

7 and respond to acts of terrorism or other

8 catastrophic events.

9 ‘‘(ii) PRIORITIZATION.—In prioritizing

10 among the applications of eligible metro11 politan regions and directly eligible tribes

12 for such funds, the Secretary shall consider

13 the relative threat, vulnerability, and con14 sequences faced by an eligible metropolitan

15 region or directly eligible tribe from a ter16 rorist attack, including consideration of—

17 ‘‘(I) whether there has been a

18 prior terrorist attack in the eligible

19 metropolitan region or in the area in

20 which the directly eligible tribe is lo21 cated;

22 ‘‘(II) whether any part of the eli23 gible metropolitan region or the area

24 in which the directly eligible tribe is

25 located has ever had a higher threat
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1 level under the Homeland Security Ad2 visory System than the threat level for

3 the United States as a whole;

4 ‘‘(III) the population of the eligi5 ble metropolitan region or directly eli6 gible tribe, except that the Secretary

7 shall not establish a minimum popu8 lation requirement that would dis9 qualify from consideration a locality

10 that otherwise faces significant threats,

11 vulnerabilities, or consequences from

12 acts of terrorism;

13 ‘‘(IV) the population density of

14 the eligible metropolitan region or the

15 area in which the directly eligible tribe

16 is located;

17 ‘‘(V) the degree of threat, vulner18 ability, and consequence to the eligible

19 metropolitan region or directly eligible

20 tribe related to critical infrastructure

21 or key assets identified by the Sec22 retary or State homeland security

23 plan, including threats, vulnerabilities,

24 and consequences from critical infra25 structure in nearby jurisdictions;
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1 ‘‘(VI) whether the eligible metro2 politan region or the area in which the

3 directly eligible tribe is located is at or

4 near an international border;

5 ‘‘(VII) whether the eligible metro6 politan region or the area in which the

7 directly eligible tribe is located has a

8 coastline bordering ocean or inter9 national waters;

10 ‘‘(VIII) threats, vulnerabilities,

11 and consequences faced by the eligible

12 metropolitan region or directly eligible

13 tribe related to at-risk sites or activi14 ties in nearby jurisdictions, including

15 the need to respond to terrorist attacks

16 arising in those jurisdictions;

17 ‘‘(IX) the extent to which the eli18 gible metropolitan region or directly el19 igible tribe has unmet essential capa20 bilities;

21 ‘‘(X) the extent to which the ap22 plication of the eligible metropolitan

23 region includes all incorporated mu24 nicipalities, counties, parishes, and In-
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1 dian tribes within the relevant metro2 politan region; and

3 ‘‘(XI) such other factors as are

4 specified in writing by the Secretary.

5 ‘‘(C) DISTRIBUTION OF AWARDS TO METRO6 POLITAN REGIONS.—

7 ‘‘(i) IN GENERAL.—If the Secretary

8 approves the application of an eligible met9 ropolitan region for a grant under this sec10 tion, the Secretary shall distribute the re11 gional grant funds to the State or States in

12 which the eligible metropolitan region is lo13 cated.

14 ‘‘(ii) STATE DISTRIBUTION OF

15 FUNDS.—Each State shall provide the eligi16 ble metropolitan region not less than 80

17 percent of the grant funds. Any funds re18 tained by a State shall be expended on

19 items or services approved by the Secretary

20 and that benefit the eligible metropolitan re21 gion.

22 ‘‘(iii) MULTISTATE REGIONS.—If parts

23 of an eligible metropolitan region awarded

24 a grant are located in 2 or more States, the

25 Secretary shall distribute to each such State
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1 a portion of the grant funds in proportion

2 to that State’s share of the population of the

3 eligible metropolitan region, unless the Gov4 ernors of each State (or in the case of the

5 District of Columbia, the Mayor) agree oth6 erwise.

7 ‘‘(D) DIRECTLY ELIGIBLE TRIBES.—

8 ‘‘(i) IN GENERAL.—Notwithstanding

9 subsection (a)(2), the Secretary may award

10 grants to directly eligible tribes under the

11 Threat-Based Homeland Security Grant

12 Program as part of the Urban Area Secu13 rity Initiative Distribution.

14 ‘‘(ii) TRIBAL APPLICATIONS.—A di15 rectly eligible tribe may apply for a grant

16 under this section by submitting an appli17 cation to the Secretary that includes the in18 formation required for an application by an

19 eligible region under clauses (i), (ii), (iii),

20 (iv), and (vi) of subsection (d)(2)(B).

21 ‘‘(iii) DISTRIBUTION OF AWARDS TO

22 DIRECTLY ELIGIBLE TRIBES.—If the Sec23 retary approves the application of a di24 rectly eligible tribe for a grant under this

25 section, the Secretary shall distribute the
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1 grant funds directly to the directly eligible

2 tribe. The funds shall not be distributed to

3 the State or States in which the directly eli4 gible tribe is located.

5 ‘‘(iv) TRIBAL LIAISON.—A directly eli6 gible tribe applying for a grant under this

7 section shall designate a specific individual

8 to serve as the tribal liaison who shall—

9 ‘‘(I) coordinate with Federal,

10 State, local, regional, and private offi11 cials concerning terrorism prepared12 ness;

13 ‘‘(II) develop a process for receiv14 ing input from Federal, State, local,

15 regional, and private officials to assist

16 in the development of the application

17 of such tribe and to improve the tribe’s

18 access to grants; and

19 ‘‘(III) administer, in consultation

20 with State, local, regional, and private

21 officials, grants awarded to such tribe.

22 ‘‘(v) TRIBES RECEIVING DIRECT

23 GRANTS.—An Indian tribe that receives a

24 grant directly under this section is eligible

25 to receive funds for other purposes under a
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1 grant from the State or States within the

2 boundaries of which any part of such tribe

3 is located, consistent with the homeland se4 curity plan of the State, as described in

5 subsection (e).

6 ‘‘(E) RULE OF CONSTRUCTION.—Nothing in

7 this section shall be construed to affect the exist8 ing authority of an Indian tribe that receives

9 funds under this section.

10 ‘‘(3) THREAT-BASED DISTRIBUTION TO

11 STATES.—

12 ‘‘(A) IN GENERAL.—After the distribution of

13 funds under paragraphs (1) and (2), the Sec14 retary shall, from the remaining funds for the

15 Threat-Based Homeland Security Grant Pro16 gram, distribute amounts to each State to assist

17 that State in achieving essential capabilities to

18 effectively prevent, prepare for, and respond to

19 acts of terrorism and other catastrophic events.

20 ‘‘(B) PRIORITIZATION.—In prioritizing

21 among State applications for such funds, the

22 Secretary shall—

23 ‘‘(i) consider the relative threat, vul24 nerability, and consequences faced by a
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1 State from a terrorist attack, including con2 sideration of—

3 ‘‘(I) whether there has been a

4 prior terrorist attack in a metropolitan

5 region that is wholly or partly in the

6 State, or in the State itself;

7 ‘‘(II) whether any part of the

8 State has ever had a higher threat level

9 under the Homeland Security Advisory

10 System than the threat level for the

11 United States as a whole;

12 ‘‘(III) the percent of a State’s

13 population residing in metropolitan

14 statistical areas, as defined by the Of15 fice of Management and Budget;

16 ‘‘(IV) the degree of threat, vulner17 ability, and consequence related to crit18 ical infrastructure or key assets identi19 fied by the Secretary or State home20 land security plan;

21 ‘‘(V) whether the State has an

22 international border;

23 ‘‘(VI) whether the State has a

24 coastline bordering ocean or inter25 national waters;
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1 ‘‘(VII) threats, vulnerabilities,

2 and consequences faced by a State re3 lated to at-risk sites or activities in ad4 jacent States, including the need to re5 spond to terrorist attacks arising in

6 adjacent States;

7 ‘‘(VIII) the extent to which the

8 State has unmet essential capabilities;

9 and

10 ‘‘(IX) such other factors as are

11 specified in writing by the Secretary;

12 and

13 ‘‘(ii) balance the goal of ensuring that

14 the essential capabilities of the highest-risk

15 areas are achieved quickly and the goal of

16 ensuring that basic levels of preparedness,

17 as measured by the attainment of essential

18 capabilities, are achieved nationwide.

19 ‘‘(C) MULTI-STATE PARTNERSHIPS.—

20 ‘‘(i) IN GENERAL.—Instead of, or in

21 addition to, any application for funds

22 under subparagraph (A), 2 or more States

23 may submit applications under this para24 graph for multi-State efforts to prevent, pre-
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1 pare for, or respond to acts of terrorism or

2 other catastrophic events.

3 ‘‘(ii) GRANTEES.—Multi-State grants

4 may be awarded to either—

5 ‘‘(I) an individual State acting

6 on behalf of a consortium or partner7 ship of States with the consent of all

8 member States; or

9 ‘‘(II) a group of States applying

10 as a consortium or partnership.

11 ‘‘(iii) ADMINISTRATION OF GRANT.—If

12 a group of States apply as a consortium or

13 partnership such States shall submit to the

14 Secretary at the time of application a plan

15 describing—

16 ‘‘(I) the division of responsibilities

17 for administering the grant; and

18 ‘‘(II) the distribution of funding

19 among the various States and entities

20 that are party to the application.

21 ‘‘(4) FUNDING FOR LOCAL GOVERNMENTS AND

22 FIRST RESPONDERS.—

23 ‘‘(A) IN GENERAL.—The Secretary shall re24 quire recipients of the sliding scale baseline dis25 tribution and the threat-based distribution to
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1 States to make available to local governments

2 and emergency response providers, consistent

3 with the applicable State homeland security

4 plan, not less than 80 percent of the grant funds,

5 the resources purchased with such grant funds,

6 or a combination thereof, not later than 60 days

7 after receiving grant funding.

8 ‘‘(B) INDIAN TRIBES.—States shall be re9 sponsible for allocating Federal resources to trib10 al communities in order to help those tribal com11 munities achieve essential capabilities. Indian

12 tribes shall be eligible for funding directly from

13 the States, and shall not be required to seek

14 funding from any local government.

15 ‘‘(C) EXCEPTION.—Subparagraph (A) shall

16 not apply to the District of Columbia, the Com17 monwealth of Puerto Rico, American Samoa, the

18 Commonwealth of the Northern Mariana Islands,

19 Guam, and the Virgin Islands.

20 ‘‘(5) SUPPLEMENT NOT SUPPLANT.—Amounts

21 appropriated for grants under this subsection shall be

22 used to supplement and not supplant other State and

23 local government public funds obligated for the pur24 poses provided under this title.
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1 ‘‘(6) LAW ENFORCEMENT TERRORISM PREVEN2 TION PROGRAM.—

3 ‘‘(A) IN GENERAL.—The Secretary shall

4 designate 25 percent of the amounts appro5 priated for the Threat-Based Homeland Security

6 Grant Program to be used for the Law Enforce7 ment Terrorism Prevention Program under sec8 tion 1014 of the USA PATRIOT ACT (42

9 U.S.C. 3714) to provide grants to law enforce10 ment agencies to enhance capabilities for ter11 rorism prevention.

12 ‘‘(B) USE OF FUNDS.—Notwithstanding

13 subsection (b), grants awarded under this para14 graph may be used for—

15 ‘‘(i) information sharing to preempt

16 terrorist attacks;

17 ‘‘(ii) target hardening to reduce the

18 vulnerability of selected high value targets;

19 ‘‘(iii) threat recognition to recognize

20 the potential or development of a threat;

21 ‘‘(iv) intervention activities to inter22 dict terrorists before they can execute a

23 threat;

24 ‘‘(v) interoperable communication sys25 tems;
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1 ‘‘(vi) overtime expenses related to the

2 homeland security plan approved by the

3 Secretary, including overtime costs associ4 ated with providing enhanced law enforce5 ment operations in support of Federal agen6 cies for increased border security and border

7 crossing enforcement; and

8 ‘‘(vii) any other terrorism prevention

9 activity authorized by the Secretary.

10 ‘‘(g) REPORT ON HOMELAND SECURITY SPENDING.—

11 Each recipient of a grant under this section shall annually

12 submit a report to the Secretary that contains—

13 ‘‘(1) an accounting of the amount of State and

14 local government funds spent on homeland security

15 activities under the applicable State homeland secu16 rity plan;

17 ‘‘(2) information regarding the use of grant

18 funds by the State and by units of local government

19 as required by the Secretary; and

20 ‘‘(3) progress of the recipient and subgrantees in

21 achieving essential capabilities.

22 ‘‘(h) ACCOUNTABILITY.—

23 ‘‘(1) GOVERNMENT ACCOUNTABILITY OFFICE AC24 CESS TO INFORMATION.—Each recipient of a grant

25 under this section and the Department shall provide
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1 the Government Accountability Office with full access

2 to information regarding the activities carried out

3 under this section.

4 ‘‘(2) AUDIT.—Grant recipients that expend

5 $500,000 or more in Federal funds during any fiscal

6 year shall submit to the Secretary an organization

7 wide financial and compliance audit report in con8 formance with the requirements of chapter 75 of title

9 31, United States Code.

10 ‘‘(i) REMEDIES FOR NON-COMPLIANCE.—

11 ‘‘(1) IN GENERAL.—If the Secretary finds, after

12 reasonable notice and an opportunity for a hearing,

13 that a recipient of a grant under this section has

14 failed to substantially comply with any provision of

15 this section, or with any regulations or guidelines of

16 the Department regarding eligible expenditures, the

17 Secretary shall—

18 ‘‘(A) terminate any payment of grant funds

19 to be made to the recipient under this section;

20 ‘‘(B) reduce the amount of payment of

21 grant funds to the recipient by an amount equal

22 to the amount of grants funds that were not ex23 pended by the recipient in accordance with this

24 section; or
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1 ‘‘(C) limit the use of grant funds received

2 under this section to programs, projects, or ac3 tivities not affected by the failure to comply.

4 ‘‘(2) DURATION OF PENALTY.—The Secretary

5 shall apply an appropriate penalty under paragraph

6 (1) until such time as the Secretary determines that

7 the grant recipient is in full compliance with this sec8 tion or with applicable guidelines or regulations of

9 the Department.

10 ‘‘(3) DIRECT FUNDING.—If a State fails to sub11 stantially comply with any provision of this section

12 or with applicable guidelines or regulations of the De13 partment, including failing to provide local govern14 ments with grant funds or resources purchased with

15 grant funds in a timely fashion, a local government

16 entitled to receive such grant funds or resources may

17 petition the Secretary, at such time and in such man18 ner as determined by the Secretary, to request that

19 grant funds or resources be provided directly to the

20 local government.

21 ‘‘(j) REPORTS TO CONGRESS.—The Secretary shall

22 submit an annual report to Congress that provides—

23 ‘‘(1) the status of preparedness goals and objec24 tives;
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1 ‘‘(2) an evaluation of how States and local gov2 ernments are making progress in achieving essential

3 capabilities;

4 ‘‘(3) the total amount of resources provided to the

5 States;

6 ‘‘(4) the total amount of resources provided to

7 local governments and metropolitan regions; and

8 ‘‘(5) an accounting of how these resources were

9 expended.

10 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to carry out this

12 section—

13 ‘‘(1) $2,925,000,000 for fiscal year 2006;

14 ‘‘(2) $2,925,000,000 for fiscal year 2007; and

15 ‘‘(3) such sums as are necessary for each fiscal

16 year thereafter.

17 ‘‘SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD,

18 WASTE, AND ABUSE.

19 ‘‘(a) ANNUAL GOVERNMENT ACCOUNTABILITY OFFICE

20 AUDIT AND REPORT.—

21 ‘‘(1) AUDIT.—The Comptroller General of the

22 United States shall conduct an annual audit of the

23 Threat-Based Homeland Security Grant Program.

24 ‘‘(2) REPORT.—The Comptroller General of the

25 United States shall provide a report to Congress on
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1 the results of the audit conducted under paragraph

2 (1), which includes—

3 ‘‘(A) an analysis of whether the grant re4 cipients allocated funding consistent with the

5 State homeland security plan and the guidelines

6 established by the Department; and

7 ‘‘(B) the amount of funding devoted to over8 time and administrative expenses.

9 ‘‘(b) REVIEWS OF THREAT-BASED HOMELAND SECU10 RITY FUNDING.—The Secretary shall conduct periodic re11 views of grants made through the Threat Based Homeland

12 Security Grant Program to ensure that recipients allocate

13 funds consistent with the guidelines established by the De14 partment.

15 ‘‘SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY

16 FUNDS.

17 ‘‘(a) REALLOCATION OF FUNDS.—The Director of the

18 Office for Domestic Preparedness shall allow any State to

19 request approval to reallocate funds received pursuant to

20 appropriations for the State Homeland Security Grant

21 Program under Public Laws 105–277 (112 Stat. 2681 et

22 seq.), 106–113 (113 Stat. 1501A–3 et seq.), 106–553 (114

23 Stat. 2762A–3 et seq.), 107–77 (115 Stat. 78 et seq.), or

24 the Consolidated Appropriations Resolution of 2003 (Public
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1 Law 108–7), among the 4 categories of equipment, training,

2 exercises, and planning.

3 ‘‘(b) APPROVAL OF REALLOCATION REQUESTS.—The

4 Director shall approve reallocation requests under sub5 section (a) in accordance with the State homeland security

6 plan and any other relevant factors that the Secretary de7 termines to be necessary.

8 ‘‘(c) LIMITATION.—A waiver under this section shall

9 not affect the obligation of a State to make available 80

10 percent of the amount appropriated for equipment to units

11 of local government.

12 ‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER

13 EQUIPMENT AND TRAINING.

14 ‘‘(a) EQUIPMENT STANDARDS.—

15 ‘‘(1) IN GENERAL.—The Secretary, in consulta16 tion with the Under Secretaries for Emergency Pre17 paredness and Response and Science and Technology

18 (including a representative of the United States Fire

19 Administration) and the Executive Director of the Of20 fice for State and Local Government Coordination

21 and Preparedness, shall support the development of,

22 promulgate, and update as necessary national vol23 untary consensus standards for the performance, use,

24 and validation of first responder equipment for pur25 poses of section 1804(c).
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1 ‘‘(2) STANDARDS.—Standards under this sub2 section shall—

3 ‘‘(A) be, to the maximum extent practicable,

4 consistent with any existing voluntary consensus

5 standards;

6 ‘‘(B) take into account, as appropriate, new

7 types of terrorism threats that may not have

8 been contemplated when such existing standards

9 were developed;

10 ‘‘(C) be focused on maximizing interoper11 ability, interchangeability, durability, flexibility,

12 efficiency, efficacy, portability, sustainability,

13 and safety; and

14 ‘‘(D) cover all appropriate uses of the equip15 ment.

16 ‘‘(b) TRAINING STANDARDS.—

17 ‘‘(1) IN GENERAL.—The Secretary, in consulta18 tion with the Under Secretaries for Emergency Pre19 paredness and Response and Science and Technology

20 (including a representative of the United States Fire

21 Administration) and the Director of the Office for Do22 mestic Preparedness, shall support the development of,

23 promulgate, and regularly update as necessary na24 tional voluntary consensus standards for first re25 sponder training that will enable State and local gov-
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1 ernment first responders to achieve optimal levels of

2 terrorism preparedness as quickly as practicable.

3 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA4 TIONS.—In establishing national voluntary consensus

5 standards for first responder equipment and training under

6 this section, the Secretary shall consult with relevant public

7 and private sector groups, including—

8 ‘‘(1) the National Institute of Standards and

9 Technology;

10 ‘‘(2) the National Fire Protection Association;

11 ‘‘(3) the American National Standards Institute;

12 ‘‘(4) the National Institute of Justice;

13 ‘‘(5) the National Institute for Occupational

14 Safety and Health; and

15 ‘‘(6) to the extent the Secretary considers appro16 priate, other national voluntary consensus standards

17 development organizations, other interested Federal,

18 State, and local agencies, and other interested per19 sons.

20 ‘‘(d) COORDINATION WITH SECRETARY OF HHS.—In

21 establishing any national voluntary consensus standards

22 under this section for first responder equipment or training

23 that involve or relate to health professionals, including

24 emergency medical professionals, the Secretary shall coordi-
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1 nate activities under this section with the Secretary of

2 Health and Human Services.

3 ‘‘SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING

4 OF MUNICIPAL SOLID WASTE TRANSPORTED

5 INTO THE UNITED STATES.

6 ‘‘(a) DEFINITION.—In this section, the term ‘munic7 ipal solid waste’ includes sludge (as defined in section 1004

8 of the Solid Waste Disposal Act (42 U.S.C. 6903)).

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

10 after the date of enactment of this section, the Bureau of

11 Customs and Border Protection shall submit a report to

12 Congress that—

13 ‘‘(1) indicates whether the methodologies and

14 technologies used by the Bureau to screen for and de15 tect the presence of chemical, nuclear, biological, and

16 radiological weapons in municipal solid waste are as

17 effective as the methodologies and technologies used by

18 the Bureau to screen for such materials in other items

19 of commerce entering into the United States by com20 mercial motor vehicle transport; and

21 ‘‘(2) if the methodologies and technologies used to

22 screen solid waste are less effective than those used to

23 screen other commercial items, identifies the actions

24 that the Bureau will take to achieve the same level of
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1 effectiveness in the screening of solid waste, including

2 the need for additional screening technologies.

3 ‘‘(c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If

4 the Bureau of Customs and Border Protection fails to fully

5 implement the actions described in subsection (b)(2) before

6 the earlier of 6 months after the date on which the report

7 is due under subsection (b) or 6 months after the date on

8 which such report is submitted, the Secretary shall deny

9 entry into the United States of any commercial motor vehi10 cle (as defined in section 31101(1) of title 49, United States

11 Code) carrying municipal solid waste until the Secretary

12 certifies to Congress that the methodologies and technologies

13 used by the Bureau to screen for and detect the presence

14 of chemical, nuclear, biological, and radiological weapons

15 in such waste are as effective as the methodologies and tech16 nologies used by the Bureau to screen for such materials

17 in other items of commerce entering into the United States

18 by commercial motor vehicle transport.’’.

19 (b) THREAT-BASED HOMELAND SECURITY GRANT

20 PROGRAM.—

21 (1) FISCAL YEAR 2006 ADMINISTRATION.—Not22 withstanding any provision of title III of this Act,

23 section 1804 of the Homeland Security Act of 2002

24 (as added by this section) shall apply in the adminis25 tration of the Threat-Based Homeland Security
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1 Grant Program established under section 1804 of that

2 Act.

3 (2) FUNDING.—All funds appropriated under

4 paragraphs (1) and (2) under the subheading ‘‘STATE

5 AND LOCAL PROGRAMS’’ under the heading ‘‘OFFICE

6 OF STATE AND LOCAL GOVERNMENT COORDINATION

7 AND PREPAREDNESS’’ under title III of this Act are

8 appropriated for the Threat-Based Homeland Secu9 rity Grant Program established under section 1804 of

10 the Homeland Security Act of 2002 (as added by this

11 section).

12 (c) FIRE SERVICES.—Section 2(6) of the Homeland

13 Security Act of 2002 (6 U.S.C. 101(6)) is amended by in14 serting ‘‘(including fire services)’’ after ‘‘local emergency

15 public safety’’.

16 (d) TECHNICAL AND CONFORMING AMENDMENT.—The

17 table of contents in section 1(b) of the Homeland Security

18 Act of 2002 (6 U.S.C. 101 note) is amended by adding at

19 the end the following:

‘‘TITLE XVIII—ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS

AND THREAT-BASED HOMELAND SECURITY GRANT PROGRAM

‘‘Sec. 1801. Definitions.

‘‘Sec. 1802. Preservation of pre-9/11 grant programs for traditional first responder missions.

‘‘Sec. 1803. Essential capabilities for first responders.

‘‘Sec. 1804. Threat-Based Homeland Security Grant Program.

‘‘Sec. 1805. Eliminating homeland security fraud, waste, and abuse.

‘‘Sec. 1806. Flexibility in unspent homeland security funds.

‘‘Sec. 1807. National standards for first responder equipment and training.

‘‘Sec. 1808. Certification relative to the screening of municipal solid waste

transported into the United States.’’.
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1 SEC. 605. COMMUNICATION SYSTEM GRANTS. (a) IN

2 GENERAL.—

3 (1) ESTABLISHMENT.—There is established in

4 the Department of Homeland Security an Inter5 national Border Community Interoperable Commu6 nications Demonstration Project (referred to in this

7 section as ‘‘demonstration projects’’).

8 (2) MINIMUM NUMBER OF COMMUNITIES.—The

9 Secretary of Homeland Security shall select no fewer

10 than 6 communities to participate in a demonstra11 tion project.

12 (3) LOCATION OF COMMUNITIES.—No fewer than

13 3 of the communities selected under paragraph (2)

14 shall be located on the northern border of the United

15 States and no fewer than 3 of the communities se16 lected under paragraph (2) shall be located on the

17 southern border of the United States.

18 (b) PROGRAM REQUIREMENTS.—The demonstration

19 projects shall—

20 (1) address the interoperable communications

21 needs of police officers, firefighters, emergency medical

22 technicians, National Guard, and other emergency re23 sponse providers, as defined in the Homeland Secu24 rity Act of 2002;

25 (2) foster interoperable communications—
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1 (A) among Federal, State, local, and tribal

2 government agencies in the United States in3 volved in preventing or responding to terrorist

4 attacks or other catastrophic events; and

5 (B) with similar agencies in Canada or

6 Mexico;

7 (3) identify common international cross-border

8 frequencies for communications equipment, including

9 radio or computer messaging equipment;

10 (4) foster the standardization of interoperable

11 communications equipment;

12 (5) identify solutions that will facilitate commu13 nications interoperability across national borders ex14 peditiously;

15 (6) ensure that emergency response providers can

16 communicate with one another and the public at dis17 aster sites or in the event of a terrorist attack or other

18 catastrophic event;

19 (7) provide training and equipment to enable

20 emergency response providers to deal with threats and

21 contingencies in a variety of environments; and

22 (8) identify and secure appropriate joint-use

23 equipment to ensure communications access.

24 (c) DISTRIBUTION OF FUNDS.—
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1 (1) IN GENERAL.—The Secretary of Homeland

2 Security shall distribute funds under this section to

3 each community participating in a demonstration

4 project under this section through the State or States

5 in which each community is located.

6 (2) OTHER PARTICIPANTS .—A State receiving

7 funds under this section shall make the funds avail8 able to the local governments and emergency response

9 providers participating in a demonstration project se10 lected by the Secretary of Homeland Security not

11 later than 60 days after receiving funds.

12 (d) REPORTING.—Not later than December 31, 2005,

13 and each year thereafter in which funds are appropriated

14 for a demonstration project, the Secretary of Homeland Se15 curity shall provide to the Committee on Homeland Secu16 rity and Governmental Affairs of the Senate and the Com17 mittee on Homeland Security of the House of Representa18 tives a report on the demonstration projects under this sec19 tion.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated such sums as are necessary

22 in each of fiscal years 2006, 2007, and 2008 to carry out

23 this section.
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1 This Act may be cited as the ‘‘Department of Home2 land Security Appropriations Act, 2006’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 2360

AMENDMENT