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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  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:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of Homeland 
Security for the fiscal year ending September 30, 2006, and for other 
purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $124,620,000: Provided, That 
not to exceed $40,000 shall be for official reception and 
representation expenses.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701-705 of the Homeland Security 
Act of 2002 (6 U.S.C. 341-345), $146,322,000: Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount provided, 
$26,070,000 shall remain available until expended solely for the 
alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations.

          Department of Homeland Security Working Capital Fund

                         (rescission of funds)

    Of the unobligated balances available in the ``Department of 
Homeland Security Working Capital Fund'', $12,000,000 are rescinded.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $18,325,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$286,540,000; of which $75,756,000 shall be available for salaries and 
expenses; and of which $210,784,000 shall be available for development 
and acquisition of information technology equipment, software, 
services, and related activities for the Department of Homeland 
Security, and for the costs of conversion to narrowband communications, 
including the cost for operation of the land mobile radio legacy 
systems, to remain available until expended: Provided, That of the 
funds made available until expended under this heading, no more than 
$33,029,000 shall be for the Homeland Secure Data Network: Provided 
further, That none of the funds appropriated shall be used to support 
or supplement the appropriations provided for the United States Visitor 
and Immigrant Status Indicator Technology project or the Automated 
Commercial Environment: Provided further, That the Chief Information 
Officer shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives, not more than 60 days after enactment 
of the Act, an expenditure plan for all information technology projects 
that: (1) are funded by the ``Office of the Chief Information 
Officer'', or (2) are funded by multiple components of the Department 
of Homeland Security through reimbursable agreements: Provided further, 
That such expenditure plan shall include each specific project funded, 
key milestones, all funding sources for each project, details of annual 
and lifecycle costs, and projected cost savings or cost avoidance to be 
achieved by the project: Provided further, That the expenditure plan 
shall include a complete list of all legacy systems operational as of 
March 1, 2003; the current operational status of each system; and the 
plan for continued operation or termination of each system.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $83,017,000, of which not to exceed $100,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   BORDER AND TRANSPORTATION SECURITY

  Office of the Under Secretary for Border and Transportation Security

                         salaries and expenses

    For necessary expenses of the Office of the Under Secretary for 
Border and Transportation Security, as authorized by subtitle A of 
title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), 
$9,617,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note), 
$340,000,000, to remain available until expended: Provided, That of the 
total amount made available under this heading, $159,658,000 may not be 
obligated for the United States Visitor and Immigrant Status Indicator 
Technology project until the Committees on Appropriations of the Senate 
and the House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Security that:
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.

                     Customs and Border Protection

                         salaries and expenses

                    (including rescission of funds)

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,922,600,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $35,000 shall be for 
official reception and representation expenses; of which not less than 
$146,560,000 shall be for Air and Marine Operations; of which not to 
exceed $49,980,000 shall remain available until September 30, 2007, for 
inspection and surveillance technology, unmanned aerial vehicles, which 
may be deployed between ports of entry along the southwestern border of 
the United States, taking into consideration the particular security 
risks in the area and the need for constant surveillance of such 
border, and replacement aircraft; of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; of which not 
to exceed $1,000,000 shall be for awards of compensation to informants, 
to be accounted for solely under the certificate of the Secretary of 
Homeland Security; and of which not to exceed $5,000,000 shall be 
available for payments or advances arising out of contractual or 
reimbursable agreements with State and local law enforcement agencies 
while engaged in cooperative activities related to immigration: 
Provided, That for fiscal year 2006, the overtime limitation prescribed 
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $35,000; and notwithstanding any other provision of 
law, none of the funds appropriated in this Act may be available to 
compensate any employee of United States Customs and Border Protection 
for overtime, from whatever source, in an amount that exceeds such 
limitation, except in individual cases determined by the Secretary of 
Homeland Security, or the designee of the Secretary, to be necessary 
for national security purposes, to prevent excessive costs, or in cases 
of immigration emergencies.
    In addition, of the funds appropriated under the heading ``Customs 
and Border Protection'' in chapter 6 of title I of Public Law 108-11 
(117 Stat. 581), $14,400,000 are rescinded.

                        automation modernization

    For expenses for customs and border protection automated systems, 
$458,009,000, to remain available until expended, of which not less 
than $321,690,000 shall be for the development of the Automated 
Commercial Environment: Provided, That none of the funds made available 
under this heading may be obligated for the Automated Commercial 
Environment until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that:
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security's 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, and other related equipment of 
the air and marine program, including operational training and mission-
related travel, and rental payments for facilities occupied by the air 
or marine interdiction and demand reduction programs, the operations of 
which include the following: the interdiction of narcotics and other 
goods; the provision of support to Federal, State, and local agencies 
in the enforcement or administration of laws enforced by the Department 
of Homeland Security; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, and 
local agencies in other law enforcement and emergency humanitarian 
efforts, $320,580,000, to remain available until expended: Provided, 
That no aircraft or other related equipment, with the exception of 
aircraft that are one of a kind and have been identified as excess to 
United States Customs and Border Protection requirements and aircraft 
that have been damaged beyond repair, shall be transferred to any other 
Federal agency, department, or office outside of the Department of 
Homeland Security during fiscal year 2006 without the prior approval of 
the Committees on Appropriations of the Senate and the House of 
Representatives.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$311,381,000, to remain available until expended: Provided, That of the 
total amount provided under this heading, $55,000,000 shall be 
available solely for the completion of the San Diego Sector fence and 
$55,000,000 shall be available solely for Tuscon sector tactical 
infrastructure.

                  Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 2,300 (2,000 for replacement only) police-type vehicles, 
$3,052,416,000, of which not to exceed $5,000,000 shall be available 
until expended for conducting special operations pursuant to section 
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
not to exceed $15,000 shall be for official reception and 
representation expenses; of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Secretary of Homeland Security; of which not 
less than $102,000 shall be for promotion of public awareness of the 
child pornography tipline; of which not less than $203,000 shall be for 
Project Alert, of which not less than $5,000,000 may be used to 
facilitate agreements consistent with 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) and the training required under 
those agreements; of which no less than $1,000,000 may be used for 
increasing the speed, accuracy and efficiency of the information 
currently being entered into the National Crime Information Center 
database; of which no less than $2,000,000 may be for the Legal 
Orientation Program; and of which not to exceed $11,216,000 shall be 
available to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
illegal aliens: Provided, That none of the funds made available under 
this heading shall be available to compensate any employee for overtime 
in an annual amount in excess of $35,000, except that the Secretary of 
Homeland Security, or the designee of the Secretary, may waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $15,770,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2006, of which not to exceed 
$6,000,000 shall remain available until expended.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $678,994,000.

                       federal protective service

    The revenues and collections of security fees credited to this 
account, not to exceed $487,000,000, shall be available until expended 
for necessary expenses related to the protection of federally-owned and 
leased buildings and for the operations of the Federal Protective 
Service.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $50,150,000, to remain available until expended: Provided, 
That none of the funds made available under this heading may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that:
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$26,546,000, to remain available until expended.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,452,318,000, to remain 
available until September 30, 2007, of which not to exceed $3,000 shall 
be for official reception and representation expenses: Provided, That 
of the total amount made available under this heading, not to exceed 
$3,391,948,000 shall be for screening operations, of which $180,000,000 
shall be available only for procurement of checked baggage explosive 
detection systems and $14,000,000 shall be available only for 
installation of checked baggage explosive detection systems; and not to 
exceed $1,060,370,000 shall be for aviation security direction and 
enforcement presence: Provided further, That of the amount made 
available under this heading, an amount shall be available for the 
Transportation Security Administration to develop a plan to research, 
test, and potentially implement multi-compartment bins to screen 
passenger belongings at security checkpoints: Provided further, That 
security service fees authorized under section 44940 of title 49, 
United States Code, shall be credited to this appropriation as 
offsetting collections: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2006, so as to result in a final fiscal year appropriation from 
the General Fund estimated at not more than $2,462,318,000: Provided 
further, That any security service fees collected in excess of the 
amount made available under this heading shall become available during 
fiscal year 2007: Provided further, That if the Secretary of Homeland 
Security exercises discretion to set the fee under 44940(a)(2) of title 
49 United States Code, such determination shall not be subject to 
judicial review: Provided further, That notwithstanding section 503 of 
this Act, the Transportation Security Administration may reallocate 
funding provided under this heading from passenger and baggage screener 
pay, compensation, and benefits to procurement and installation of 
screening technology with fifteen days advance notification to the 
Committees on Appropriations of the Senate and House of 
Representatives: Provided further, That notwithstanding section 44923 
of title 49, United States Code, the share of the cost of the Federal 
Government for a project under any letter of intent shall be 75 percent 
for any medium or large hub airport: Provided further, That heads of 
Federal agencies and commissions shall not be exempt from Federal 
passenger and baggage screening: Provided further, That reimbursement 
for security services and related equipment and supplies provided in 
support of general aviation access to the Ronald Reagan Washington 
National Airport shall be credited to this appropriation and shall be 
available until expended solely for these purposes: Provided further, 
That MidAmerica St. Louis Airport in Mascoutah, Illinois, shall be 
designated as a port of entry.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation activities, 
$36,000,000.

                transportation vetting and credentialing

    For necessary expenses for the development and implementation of 
screening programs by the Office of Transportation Vetting and 
Credentialing, $74,996,000.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing security support and intelligence 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $491,873,000.

                       United States Coast Guard

                           operating expenses

                    (including rescission of funds)

    For necessary expenses for the operation and maintenance of the 
United States Coast Guard not otherwise provided for, purchase or lease 
of not to exceed 25 passenger motor vehicles for replacement only, 
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
note) and recreation and welfare, $5,476,046,000, of which 
$1,200,000,000 shall be for defense-related activities; of which 
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $3,000 shall 
be for official reception and representation expenses: Provided, That 
none of the funds made available by this or any other Act shall be 
available for administrative expenses in connection with shipping 
commissioners in the United States: Provided further, That none of the 
funds made available by this Act shall be for expenses incurred for 
yacht documentation under section 12109 of title 46, United States 
Code, except to the extent fees are collected from yacht owners and 
credited to this appropriation.
    In addition, of the funds appropriated under this heading in Public 
Law 108-11 (117 Stat. 583), $16,800,000 are rescinded.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the United States Coast Guard under 
chapter 19 of title 14, United States Code, $12,000,000, to remain 
available until expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $119,000,000.

              acquisition, construction, and improvements

                    (including rescissions of funds)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $1,224,800,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $18,500,000 shall be available until 
September 30, 2010, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $105,000,000 shall be 
available until September 30, 2008, for other equipment; of which 
$39,700,000 shall be available until September 30, 2008, for shore 
facilities and aids to navigation facilities; of which $73,000,000 
shall be available for personnel compensation and benefits and related 
costs; and of which $988,600,000 shall be available until September 30, 
2010, for the Integrated Deepwater Systems program: Provided, That the 
Commandant of the Coast Guard is authorized to dispose of surplus real 
property, by sale or lease, and the proceeds shall be credited to this 
appropriation as offsetting collections and shall be available until 
September 30, 2008.
    In addition, of the funds made available under this heading in 
Public Law 108-334 (118 Stat. 1306) for covert aircraft, $13,999,000 
are rescinded; and of the funds appropriated under this heading in 
Public Laws 108-334 (118 Stat. 1306) and 108-90 (117 Stat. 1143) for 
patrol boat (110 foot to 123 foot conversion) and Fast Response Cutter/
110-123 foot patrol boat conversion, $68,999,000 are rescinded.

                         alteration of bridges

    For necessary expenses for alteration or removal of obstructive 
bridges as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $15,000,000, to remain available until expended.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation, and for maintenance, rehabilitation, 
lease and operation of facilities and equipment, as authorized by law, 
$18,500,000, to remain available until expended, of which $2,000,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries, for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,014,080,000.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 614 vehicles for police-type use, 
which shall be for replacement only, and hire of passenger motor 
vehicles; purchase of American-made motorcycles; hire of aircraft; 
services of expert witnesses at such rates as may be determined by the 
Director of the Secret Service; rental of buildings in the District of 
Columbia, and fencing, lighting, guard booths, and other facilities on 
private or other property not in Government ownership or control, as 
may be necessary to perform protective functions; payment of per diem 
or subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee requires an 
employee to work 16 hours per day or to remain overnight at a post of 
duty; conduct of and participation in firearms matches; presentation of 
awards; travel of Secret Service employees on protective missions 
without regard to the limitations on such expenditures in this or any 
other Act if approval is obtained in advance from the Committees on 
Appropriations of the Senate and the House of Representatives; research 
and development; grants to conduct behavioral research in support of 
protective research and operations; and payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; $1,188,638,000, of which not to exceed $25,000 shall be for 
official reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; of 
which $2,100,000 shall be for forensic and related support of 
investigations of missing and exploited children; and of which 
$5,000,000 shall be a grant for activities related to the 
investigations of missing and exploited children and shall remain 
available until expended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 30, 2007: 
Provided further, That the United States Secret Service is authorized 
to obligate funds in anticipation of reimbursements from Federal 
agencies and entities, as defined in section 105 of title 5, United 
States Code, receiving training sponsored by the James J. Rowley 
Training Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under this 
heading at the end of the fiscal year.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,699,000, to remain 
available until expended.

                  TITLE III--PREPAREDNESS AND RECOVERY

   Office of State and Local Government Coordination and Preparedness

                     management and administration

    For necessary expenses for the Office of State and Local Government 
Coordination and Preparedness, $3,546,000: Provided, That not to exceed 
$2,000 shall be for official reception and representation expenses.

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $2,714,300,000, which shall be allocated as follows:
            (1) $1,538,000,000 for State and local grants, of which 
        $425,000,000 shall be allocated such that each State and 
        territory shall receive the same dollar amount for the State 
        minimum as was distributed in fiscal year 2005 for formula-
        based grants, and of which at least $20,000,000 shall be 
        available for interoperable communications grants: Provided, 
        That the balance shall be allocated by the Secretary of 
        Homeland Security to States, urban areas, or regions based on 
        risks; threats; vulnerabilities; and unmet essential 
        capabilities pursuant to Homeland Security Presidential 
        Directive 8 (HSPD-8).
            (2) $400,000,000 for law enforcement terrorism prevention 
        grants, of which $155,000,000 shall be allocated such that each 
        State and territory shall receive the same dollar amount for 
        the State minimum as was distributed in fiscal year 2005 for 
        law enforcement terrorism prevention grants: Provided, That the 
        balance shall be allocated by the Secretary to States based on 
        risks; threats; vulnerabilities; and unmet essential 
        capabilities pursuant to HSPD-8: Provided further, That funds 
        made available under this paragraph may be used for overtime 
        costs associated with providing enhanced law enforcement 
        operations in support of Federal agencies for increased border 
        security and border crossing enforcement.
            (3) $365,000,000 for discretionary transportation and 
        infrastructure grants, as determined by the Secretary, of 
        which--
                    (A) $200,000,000 shall be for port security grants 
                pursuant to the purposes of 46 United States Code 
                70107(a) through (h), which shall be awarded based on 
                risk and threat or the proximity of existing or planned 
                high impact targets, including liquified natural gas 
                facilities and liquified petroleum vessels, 
                notwithstanding subsection (a), for eligible costs as 
                defined in subsections (b)(2)-(4);
                    (B) $5,000,000 shall be for trucking industry 
                security grants;
                    (C) $10,000,000 shall be for intercity bus security 
                grants;
                    (D) $100,000,000 shall be for intercity passenger 
                rail transportation (as defined in section 24102 of 
                title 49, United States Code), freight rail, and 
                transit security grants; and
                    (E) $50,000,000 shall be for buffer zone protection 
                plan grants.
            (4) $50,000,000 for the technology transfer program.
            (5) $40,000,000 for State grants pursuant to section 204(a) 
        of the REAL ID Act of 2005 (Division B of Public Law 109-13), 
        to remain available until expended, as determined by the 
        Secretary: Provided, That none of the funds made available 
        under this paragraph may be obligated or allocated for grants 
        until the Committees on Appropriations of the Senate and the 
        House of Representatives receive and approve an implementation 
        plan for the responsibilities of the Department of Homeland 
        Security under the REAL ID Act of 2005 (Division B of Public 
        Law 109-13), including the proposed uses of the grant monies.
            (6) $321,300,000 for training, exercises, technical 
        assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided for 
grants under this heading shall be available for program 
administration: Provided further, That the Government Accountability 
Office shall review the validity of the threat and risk factors used by 
the Secretary for the purposes of allocating discretionary grants 
funded under this heading, and the application of those factors in the 
allocation of funds prior to the Department making final grant 
determinations: Provided further, That the Government Accountability 
Office shall have 20 days to complete its review after it is notified 
by the Secretary that preliminary determinations have been made, and 
the Government Accountability Office shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on the 
findings of its review prior to the Department making final grant 
determinations: Provided further, That none of the grants provided 
under this heading shall be used for construction or renovation of 
facilities, except for a minor perimeter security project, not to 
exceed $1,000,000, as determined necessary by the Secretary: Provided 
further, That the preceding proviso shall not apply to grants under 
subparagraphs (A), (D), and (E) of paragraph (3) under this heading: 
Provided further, That grantees shall provide additional reports on 
their use of funds, as determined necessary by the Secretary: Provided 
further, That funds appropriated for discretionary grants under 
paragraph (1) and law enforcement terrorism prevention grants under 
paragraph (2) of this heading shall be available for operational costs, 
to include personnel overtime and overtime associated with Office of 
State and Local Government Coordination and Preparedness certified 
training, as needed: Provided further, That notwithstanding any other 
provision of law, funds appropriated under paragraphs (1), (2), and (3) 
of this heading are exempt from section 6503(a) of title 31, United 
States Code: Provided further, That of the funds provided under 
paragraph (1) of this heading, $25,000,000 shall be available until 
expended for assistance to organizations (as described under section 
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax 
section 501(a) of such Code) determined by the Secretary to be at high-
risk of international terrorist attack, and that these determinations 
shall not be delegated to any Federal, State, or local government 
official: Provided further, That the Secretary shall certify to the 
Committees on Appropriations of the Senate and the House of 
Representatives the threat to each designated tax exempt grantee at 
least 3 full business days in advance of the announcement of any grant 
award: Provided further, That any recipient of Federal funds granted 
through the State Homeland Security Grant Program, the Law Enforcement 
Terrorism Prevention Program, and the Urban Area Security Initiative 
Program, or any predecessor or successor to these programs, as 
appropriated in fiscal year 2004 and fiscal year 2005, shall expend 
funds pursuant to the relevant, approved State plan by September 30, 
2007: Provided further, That any recipient of Federal funds granted 
through any program described in the preceding proviso, as appropriated 
in fiscal year 2006, shall expend funds pursuant to the relevant, 
approved State plan by September 30, 2008: Provided further, That any 
funds not expended by September 30, 2007, or September 30, 2008, 
respectively, as required by the preceding 2 provisos shall be returned 
to the Department of Homeland Security to be reallocated to State and 
local entities based on risk and in conformance with the assessments 
now being conducted by the States under Homeland Security Presidential 
Directive 8.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$665,000,000, of which $500,000,000 shall be available to carry out 
section 33 (15 U.S.C. 2229) and $115,000,000 shall be available to 
carry out section 34 (15 U.S.C. 2229a) of such Act, to remain available 
until September 30, 2007: Provided, That not to exceed 5 percent of 
this amount shall be available for program administration: Provided 
further, That of the total amount provided, an additional $50,000,000 
shall be available to carry out section 33 (15 U.S.C. 2229).

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $190,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total 
appropriation.

                         Counterterrorism Fund

    For necessary expenses, as determined by the Secretary of Homeland 
Security, to reimburse any Federal agency for the costs of providing 
support to counter, investigate, or respond to unexpected threats or 
acts of terrorism, including payment of rewards in connection with 
these activities, $3,000,000, to remain available until expended: 
Provided, That the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives 15 days 
prior to the obligation of any amount of these funds in accordance with 
section 503 of this Act.

                  EMERGENCY PREPAREDNESS AND RESPONSE

 Office of the Under Secretary for Emergency Preparedness and Response

    For necessary expenses for the Office of the Under Secretary for 
Emergency Preparedness and Response, as authorized by section 502 of 
the Homeland Security Act of 2002 (6 U.S.C. 312), $4,306,000.

            preparedness, mitigation, response, and recovery

                    (including rescission of funds)

    For necessary expenses for preparedness, mitigation, response, and 
recovery activities of Emergency Preparedness and Response, 
$203,499,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et 
seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, 
That of the total amount made available under this heading, $30,000,000 
shall be for Urban Search and Rescue Teams, of which not to exceed 
$1,600,000 may be made available for administrative costs: Provided 
further, That of the total amount made available under this heading for 
the support and acquisition of mobile medical units to be used by the 
Federal Emergency Management Agency, Directorate of Emergency 
Preparedness and Response, in response to domestic disasters, the 
Secretary of Homeland Security is encouraged to acquire an integrated 
mobile medical system for testing and evaluation in accordance with 
subchapter V of chapter 35 of title 31, United States Code (commonly 
known as the ``Competition in Contracting Act''): Provided further, 
That of the total amount made available under this heading, $52,600,000 
shall be for the United States Fire Administration.
    In addition, of the funds appropriated under this heading in Public 
Law 108-334 (118 Stat. 1311), $9,600,000 are rescinded.

                 administrative and regional operations

    For necessary expenses for administrative and regional operations 
of Emergency Preparedness and Response, $216,441,000, including 
activities authorized by the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses.

                         public health programs

    For necessary expenses for countering potential biological, 
disease, and chemical threats to civilian populations, $34,000,000.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2006, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2006, and remain 
available until expended.

                            disaster relief

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,990,000,000, to remain available until expended: Provided, That the 
aforementioned sum shall be reduced by $70,000,000.

            disaster assistance direct loan program account

    For administrative expenses to carry out the direct loan program, 
as authorized by section 319 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5162), $567,000: Provided, That 
gross obligations for the principal amount of direct loans shall not 
exceed $25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a).

                      flood map modernization fund

    For necessary expenses pursuant to section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3 percent of 
the total appropriation.

                     national flood insurance fund

                     (including transfer of funds)

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries and 
expenses associated with flood mitigation and flood insurance 
operations; and not to exceed $87,358,000 for flood hazard mitigation, 
to remain available until September 30, 2007, including up to 
$28,000,000 for expenses under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), which amount shall be 
available for transfer to the National Flood Mitigation Fund until 
September 30, 2007, and which amount shall be derived from offsetting 
collections assessed and collected pursuant to section 1307 of that Act 
(42 U.S.C. 4014), and shall be retained and used for necessary expenses 
under this heading: Provided, That in fiscal year 2006, no funds in 
excess of: (1) $55,000,000 for operating expenses; (2) $660,148,000 for 
commissions and taxes of agents; and (3) $30,000,000 for interest on 
Treasury borrowings shall be available from the National Flood 
Insurance Fund.

                     national flood mitigation fund

    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c), $28,000,000, to remain available until 
September 30, 2007, for activities designed to reduce the risk of flood 
damage to structures pursuant to such Act, of which $28,000,000 shall 
be derived from the National Flood Insurance Fund.

                  national predisaster mitigation fund

    For a predisaster mitigation grant program under title II of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131 et seq.), $37,000,000, to remain available until expended: 
Provided, That grants made for predisaster mitigation shall be awarded 
on a competitive basis subject to the criteria in section 203(g) of 
such Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of 
such Act, shall be made without reference to State allocations, quotas, 
or other formula-based allocation of funds: Provided further, That 
total administrative costs shall not exceed 3 percent of the total 
appropriation.

                       emergency food and shelter

    To carry out an emergency food and shelter program pursuant to 
title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $153,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total appropriation.

TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$80,000,000.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; purchase of not to exceed 117 vehicles for 
police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $194,000,000, of which up to $36,174,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2007; and of which not to 
exceed $12,000 shall be for official reception and representation 
expenses: Provided, That the Center is authorized to obligate funds in 
anticipation of reimbursements from agencies receiving training 
sponsored by the Center, except that total obligations at the end of 
the fiscal year shall not exceed total budgetary resources available at 
the end of the fiscal year: Provided further, That in fiscal year 2006 
and thereafter, the Director of the Federal Law Enforcement Training 
Center is authorized to assess pecuniary liability against Center 
employees and students for losses or destruction of Government property 
due to gross negligence or willful misconduct and to set off any 
resulting debts due the United States by Center employees and students, 
without their consent, against current payments due the employees and 
students for their services.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $88,358,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from Government agencies requesting the construction of 
special use facilities.

           Information Analysis and Infrastructure Protection

                     management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Information Analysis and Infrastructure Protection and 
for management and administration of programs and activities, as 
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.), $168,769,000: Provided, That not to exceed $5,000 shall 
be for official reception and representation expenses.

                      assessments and evaluations

    For necessary expenses for information analysis and infrastructure 
protection as authorized by title II of the Homeland Security Act of 
2002 (6 U.S.C. 121 et seq.), $701,793,000, to remain available until 
September 30, 2007.

                         Science and Technology

                     management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Science and Technology and for management and 
administration of programs and activities, as authorized by title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), 
$81,099,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,372,399,000, to remain 
available until expended: Provided, That of the total amount made 
available under this heading, $127,314,000 shall be for the Domestic 
Nuclear Detection Office, of which $112,314,000 shall not be available 
for obligation until the Secretary of Homeland Security submits a 
staffing and management plan and an expenditure plan for the office and 
the global systems architecture, to include multi-year costs, that has 
been reviewed by the Government Accountability Office and approved by 
the Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That of the total funds made 
available under this heading, $125,000,000 is solely for the purchase 
and deployment of radiation portal monitors for United States ports-of-
entry and may not be transferred or reprogrammed.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in section 6024 
of Public Law 109-13, excluding the Homeland Secure Data Network: 
Provided, That any additional activities and amounts must be approved 
by the Committees on Appropriations of the Senate and the House of 
Representatives 30 days in advance of obligation.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2006, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either of the Committees 
on Appropriations of the Senate or House of Representatives for a 
different purpose; or (5) contracts out any functions or activities for 
which funds have been appropriated for Federal full-time equivalent 
positions; unless the Committees on Appropriations of the Senate and 
the House of Representatives are notified 15 days in advance of such 
reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2006, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) of this section and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    (e) Notwithstanding any other provision of law, notifications 
pursuant to this section or any other authority for reprogramming or 
transfer of funds shall be made solely to the Committees on 
Appropriations of the Senate and the House of Representatives.
    Sec. 504. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2006 from appropriations for salaries and expenses 
for fiscal year 2006 in this Act shall remain available through 
September 30, 2007, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 505. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2006 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2006.
    Sec. 506. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an award, unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
3 full business days in advance: Provided, That no notification shall 
involve funds that are not available for obligation.
    Sec. 507. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 508. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 509. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not 
been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 510. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 511. The Secretary of Homeland Security is directed to 
research, develop, and procure certified systems to inspect and screen 
air cargo on passenger aircraft at the earliest date possible: 
Provided, That until such technology is procured and installed, the 
Secretary shall take all possible actions to enhance the known shipper 
program to prohibit high-risk cargo from being transported on passenger 
aircraft and continue to increase the level of air cargo that is 
inspected beyond the level mandated in section 513 of Public Law 108-
334.
    Sec. 512. Notwithstanding section 3302 of title 31, United States 
Code, for fiscal year 2006 and thereafter, the Administrator of the 
Transportation Security Administration may impose a reasonable charge 
for the lease of real and personal property to Transportation Security 
Administration employees and for use by Transportation Security 
Administration employees and may credit amounts received to the 
appropriation or fund initially charged for operating and maintaining 
the property, which amounts shall be available, without fiscal year 
limitation, for expenditure for property management, operation, 
protection, construction, repair, alteration, and related activities.
    Sec. 513. For fiscal year 2006 and thereafter, the acquisition 
management system of the Transportation Security Administration shall 
apply to the acquisition of services, as well as equipment, supplies, 
and materials.
    Sec. 514. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow on or successor passenger prescreening programs, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
elements contained in paragraphs (1) through (10) of section 522(a) of 
Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the certification required by such subsection is 
provided, and periodically thereafter, if necessary, until the 
Government Accountability Office confirms that all ten elements have 
been successfully met.
    (c) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (d) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized for a database that is obtained from or remains 
under the control of a non-Federal entity.
    Sec. 515. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 516. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 517. None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    Sec. 518. The Department of Homeland Security processing and data 
storage facilities at the John C. Stennis Space Center shall hereafter 
be known as the ``National Center for Critical Information Processing 
and Storage''.
    Sec. 519. Sense of the Senate Regarding Border Security. (a) 
Findings.--Congress finds the following:
            (1) The illegal alien population has risen from 3,200,000 
        in 1986 to 10,300,000 in 2004.
            (2) In fiscal year 2001, United States Border Patrol agents 
        apprehended almost 1,200,000 persons for illegally entering the 
        United States.
            (3) Senate Report 109-083 states, ``there are an estimated 
        11,000,000 illegal aliens in the United States, including more 
        than 400,000 individuals who have absconded, walking away with 
        impunity from Orders of Deportation and Removal''.
            (4) Between 1,000 and 3,000 special interest aliens from 
        countries with an active terrorist presence enter the United 
        States each year.
            (5) Of the 1,200,000 illegal aliens apprehended on the 
        border between the United States and Mexico, 643 were from 
        countries with known terrorism ties, including Syria, Iran, and 
        Libya.
            (6) Senate Report 109-083 states, ``officials of the 
        Department of Homeland Security have conceded the United States 
        does not have operational control of its borders'', including 
        areas along the 1,989 mile southwest border between the United 
        States and Mexico.
            (7) The daily attempts to cross the border by thousands of 
        illegal aliens from countries around the globe continue to 
        present a threat to United States national security.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) this Nation cannot thoroughly address the security of 
        the United States without recognizing the reality of terrorists 
        taking advantage of inadequacies in border security along the 
        border between the United States and Mexico;
            (2) every effort should be made to increase the technology 
        and efficiency in preventing these individuals from entering 
        the United States across the Mexican border;
            (3) the Mexican Government has an obligation to secure its 
        side of the border between the United States and Mexico; and
            (4) the Mexican Government must commit to addressing 
        inadequacies in its own domestic and border security policies, 
        which are contributing to the present dilemma in border 
        security.
    Sec. 520. Veterans Health Administration. (a) In General.--From any 
money in the Treasury not otherwise obligated or appropriated, there 
are appropriated to the Department of Veterans Affairs $1,500,000,000 
for the fiscal year ending September 30, 2005, for medical services 
provided by the Veterans Health Administration, which shall remain 
available until expended.
    (b) Emergency Designation.--The amount appropriated under 
subsection (a) is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).
    (c) This section shall take effect on the date of enactment of this 
Act.
    Sec. 521. Within 90 days after the date of enactment of this Act, 
the Department of Homeland Security's Office of Inspector General shall 
issue a report to the House and Senate Committees on Appropriations, 
the House and Senate Committees on Homeland Security, and the Senate 
Committee on Commerce, Science, and Transportation regarding the steps 
the Department has taken to comply with the recommendations of the 
Inspector General's Report on the Port Security Grant Program (OIG-05-
10).
    Sec. 522. (a) Not later than September 30, 2006, the Secretary of 
Homeland Security shall submit a report to the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Committee on Homeland Security of the House of Representatives 
that includes--
            (1) the results of the survey under subsection (c); and
            (2) a plan to implement changes to address problems 
        identified in the survey.
    (b) Not later than June 30, 2006, the Secretary of Homeland 
Security shall submit an interim report to the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Committee on Homeland Security of the House of Representatives 
on the specific design of the survey under subsection (c).
    (c) In preparing the report under subsection (a), the Secretary of 
Homeland Security shall conduct a survey of State and local government 
emergency officials that--
            (1) involve enough respondents to get an adequate, 
        representational response from police, fire, medical, and 
        emergency planners on the regional, State, county, and 
        municipal levels, and other State and local homeland security 
        officials as determined by the Secretary; and
            (2) identifies problems relating to the effectiveness and 
        user-friendliness of programs in which the Department of 
        Homeland Security interacts with State and local officials, 
        including grant management, intelligence sharing, training, 
        incident management, regional coordination, critical 
        infrastructure prioritization, and long-term homeland security 
        planning.
    Sec. 523. Quadrennial Homeland Defense Review. (a) In General.--
            (1) Frequency and scope.--Beginning in fiscal year 2008, 
        and every 4 years thereafter, the Secretary of Homeland 
        Security shall conduct every 4 years, during a year following a 
        year evenly divisible by 4, a comprehensive examination of the 
        national homeland defense strategy, inter-agency cooperation, 
        preparedness of Federal response assets, infrastructure, budget 
        plan, and other elements of the homeland defense program and 
        policies of the United States with a view toward determining 
        and expressing the homeland defense strategy of the United 
        States and establishing a homeland defense program for the next 
        20 years. Each review under this paragraph shall be known as 
        the ``quadrennial homeland defense review''.
            (2) Consultation.--Each quadrennial homeland defense review 
        under paragraph (1) shall be conducted in consultation with the 
        Attorney General of the United States and the Secretaries of 
        State, Defense, Health and Human Services, and the Treasury.
    (b) Contents of Review.--Each quadrennial homeland defense review 
shall--
            (1) delineate a national homeland defense strategy 
        consistent with the most recent National Response Plan prepared 
        under Homeland Security Presidential Directive 5 or any 
        directive meant to replace or augment that directive;
            (2) describe the inter-agency cooperation, preparedness of 
        Federal response assets, infrastructure, budget plan, and other 
        elements of the homeland defense program and policies of the 
        United States associated with that national homeland defense 
        strategy required to execute successfully the full range of 
        missions called for in the national homeland defense strategy 
        delineated under paragraph (1); and
            (3) identify--
                    (A) the budget plan required to provide sufficient 
                resources to successfully execute the full range of 
                missions called for in that national homeland defense 
                strategy at a low-to-moderate level of risk, and
                    (B) any additional resources required to achieve 
                such a level of risk.
    (c) Level of Risk.--The assessment of the level of risk for 
purposes of subsection (b)(3) shall be conducted by the Secretary of 
Homeland Security in consultation with the Director of National 
Intelligence.
    (d) Reporting.--
            (1) In general.--The Secretary of Homeland Security shall 
        submit a report regarding each quadrennial homeland defense 
        review to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives. The report shall be submitted not 
        later than September 30 of the year in which the review is 
        conducted.
            (2) Contents of report.--The report submitted under 
        paragraph (1) shall include--
                    (A) the results of the quadrennial homeland defense 
                review;
                    (B) the threats to the assumed or defined national 
                homeland security interests of the United States that 
                were examined for the purposes of the review and the 
                scenarios developed in the examination of those 
                threats;
                    (C) the status of cooperation among Federal 
                agencies in the effort to promote national homeland 
                security;
                    (D) the status of cooperation between the Federal 
                Government and State governments in preparing for 
                emergency response to threats to national homeland 
                security, and
                    (E) any other matter the Secretary of Homeland 
                Security considers appropriate.
    Sec. 524. Rail Tunnel Security Research. (a) Findings.--The Senate 
finds that--
            (1) railroad tunnels, and underground stations have been 
        identified as particularly high risk terrorist targets because 
        of the potential for large passenger volumes, confined spaces, 
        relatively unrestricted access, and the potential for network 
        disruptions and significant economic, political and social 
        impact;
            (2) many rail tunnels have safety problems including 
        structural deficiencies, ventilation problems, lack of 
        communications equipment and insufficient emergency access and 
        exits;
            (3) there are more than 898 miles of rail tunnels in 
        transit systems across the country;
            (4)(A) security experts have identified a number of 
        technology and training needs to prevent attacks on tunnels and 
        to mitigate and remediate the impact of such attacks;
            (B) technological needs include detection systems, 
        dispersal control, and decontamination techniques; and
            (C) training for emergency response to a variety of 
        scenarios is also needed; and
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the Department of Homeland Security is urged to invest 
        in research to promote tunnel rail safety as well as training 
        to ensure first responders are prepared to respond to rail 
        tunnel emergencies; and
            (2) employing existing Federal facilities in this effort 
        can result in efficiencies and permit this important research 
        to proceed at decreased cost to the taxpayer and with minimal 
        interference with ongoing passenger and freight rail traffic.
    Sec. 525. Upon completion of the Department of Homeland Security's 
operational testing of man portable air defense system (MANPAD) 
countermeasure systems for commercial aircraft, the Secretary of 
Homeland Security is encouraged to designate an agency within the 
Department as having responsibility for managing the procurement and 
installation of such systems, and may use any unobligated funds 
provided under title I to establish an office within the designated 
agency for that purpose.
    Sec. 526. (a) Not later than 15 days after the date of enactment of 
this Act, the Secretary of Homeland Security, acting through the 
Director of the Federal Emergency Management Agency (including the 
Emergency Preparedness and Response Directorate and all other staff 
under the direction of the Secretary) (referred to in this section as 
the ``Secretary''), shall provide to the Subcommittee on Homeland 
Security of the Committee on Appropriations of the Senate--
            (1) a detailed list that describes, as of the date of 
        enactment of this Act, all associated costs (as determined by 
        the Secretary) incurred by New York City, the State of New 
        York, and any other entity or organization established by New 
        York City or the State of New York, as a result of the 
        terrorist attacks of September 11, 2001, that were paid using 
        funds made available by Congress; and
            (2) a detailed description of--
                    (A) the amounts of funds made available after the 
                terrorist attacks of September 11, 2001, that remain 
                unexpended as of the date of enactment of this Act;
                    (B) the accounts containing those unexpended funds; 
                and
                    (C) a detailed description of any plans for 
                expenditure or obligation of those unexpended funds.
    (b) Not later than 15 days after the date of receipt of a request 
from the Subcommittee on Homeland Security of the Committee on 
Appropriations of the Senate for any information directly related to 
information described in subsection (a), the Secretary, and such staff 
located in a regional office of the Department of Homeland Security or 
the Federal Emergency Management Agency as the Secretary determines to 
be appropriate, shall provide the information to the Subcommittee.
    Sec. 527. (a) Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security, in consultation with the 
Secretary of Transportation, shall assess and report in writing to the 
Committee on Appropriations, the Committee on Homeland Security and 
Government Affairs, and the Committee on Commerce, Science, and 
Transportation of the Senate on the following:
            (1) The vulnerability posed to high risk areas and 
        facilities from general aviation aircraft that could be stolen 
        or used as a weapon or armed with a weapon.
            (2) The security vulnerabilities existing at general 
        aviation airports that would permit general aviation aircraft 
        to be stolen.
            (3) Low-cost, high-performance technology that could be 
        used to easily track general aviation aircraft that could 
        otherwise fly undetected.
            (4) The feasibility of implementing security measures that 
        would disable general aviation aircraft while on the ground and 
        parked to prevent theft.
            (5) The feasibility of performing requisite background 
        checks on individuals working at general aviation airports that 
        have access to aircraft or flight line activities.
            (6) An assessment of the threat posed to high population 
        areas, nuclear facilities, key infrastructure, military bases, 
        and transportation infrastructure that stolen or hijacked 
        general aviation aircraft pose especially if armed with weapons 
        or explosives.
            (7) An assessment of existing security precautions in place 
        at general aviation airports to prevent breaches of the flight 
        line and perimeter.
            (8) An assessment of whether unmanned air traffic control 
        towers provide a security or alert weakness to the security of 
        general aviation aircraft.
            (9) An assessment of the additional measures that should be 
        adopted to ensure the security of general aviation aircraft.
    (b) The report required by subsection (a) shall include cost 
estimates associated with implementing each of the measures recommended 
in the report.
    Sec. 528. (a) Definitions.--In this section:
            (1) Data-mining.--The term ``data-mining'' means a query or 
        search or other analysis of 1 or more electronic databases, 
        whereas--
                    (A) at least 1 of the databases was obtained from 
                or remains under the control of a non-Federal entity, 
                or the information was acquired initially by another 
                department or agency of the Federal Government for 
                purposes other than intelligence or law enforcement;
                    (B) a department or agency of the Federal 
                Government or a non-Federal entity acting on behalf of 
                the Federal Government is conducting the query or 
                search or other analysis to find a predictive pattern 
                indicating terrorist or criminal activity; and
                    (C) the search does not use a specific individual's 
                personal identifiers to acquire information concerning 
                that individual.
            (2) Database.--The term ``database'' does not include 
        telephone directories, news reporting, information publicly 
        available via the Internet or available by any other means to 
        any member of the public without payment of a fee, or databases 
        of judicial and administrative opinions.
    (b) Reports on Data-Mining Activities by the Department of Homeland 
Security.--
            (1) Requirement for report.--The head of each department or 
        agency in the Department of Homeland Security that is engaged 
        in any activity to use or develop data-mining technology shall 
        each submit a report to Congress on all such activities of the 
        agency under the jurisdiction of that official. The report 
        shall be made available to the public.
            (2) Content of report.--A report submitted under paragraph 
        (1) shall include, for each activity to use or develop data-
        mining technology that is required to be covered by the report, 
        the following information:
                    (A) A thorough description of the data-mining 
                technology and the data that is being or will be used.
                    (B) A thorough description of the goals and plans 
                for the use or development of such technology and, 
                where appropriate, the target dates for the deployment 
                of the data-mining technology.
                    (C) An assessment of the efficacy or likely 
                efficacy of the data-mining technology in providing 
                accurate information consistent with and valuable to 
                the stated goals and plans for the use or development 
                of the technology.
                    (D) An assessment of the impact or likely impact of 
                the implementation of the data-mining technology on the 
                privacy and civil liberties of individuals.
                    (E) A list and analysis of the laws and regulations 
                that govern the information being or to be collected, 
                reviewed, gathered, analyzed, or used with the data-
                mining technology.
                    (F) A thorough discussion of the policies, 
                procedures, and guidelines that are in place or that 
                are to be developed and applied in the use of such 
                technology for data-mining in order to--
                            (i) protect the privacy and due process 
                        rights of individuals; and
                            (ii) ensure that only accurate information 
                        is collected, reviewed, gathered, analyzed, or 
                        used.
                    (G) Any necessary classified information in an 
                annex that shall be available to the Committee on 
                Homeland Security and Governmental Affairs, the 
                Committee on the Judiciary, and the Committee on 
                Appropriations of the Senate and the Committee on 
                Homeland Security, the Committee on the Judiciary, and 
                the Committee on Appropriations of the House of 
                Representatives.
            (3) Time for report.--Each report required under paragraph 
        (1) shall be submitted not later than 90 days after the end of 
        fiscal year 2006.
    Sec. 529. Spending Oversight--None of the funds made available in 
this Act shall be used for items identified in the Inspector General's 
Report of March 2005 ``Irregularities in the Development of the 
Transportation Security Operations Center'' as wasteful.
    Sec. 530. (a) Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
designate the Natrona International Airport in Casper, Wyoming, as an 
airport at which private aircraft described in subsection (b) may land 
for processing by the United States Customs and Border Protection in 
accordance with section 122.24(b) of title 19, Code of Federal 
Regulations, and such airport shall not be treated as a user fee 
airport for purposes of section 122.15 of title 19, Code of Federal 
Regulations.
    (b) Private Aircraft.--Private aircraft described in this 
subsection are private aircraft that--
            (1) arrive in the United States from a foreign area and 
        have a final destination in the United States of Natrona 
        International Airport in Casper, Wyoming; and
            (2) would otherwise be required to land for processing by 
        the United States Customs and Border Protection at an airport 
        listed in section 122.24(b) of title 19, Code of Federal 
        Regulations, in accordance with such section.
    (c) Definition.--In this section, the term ``private aircraft'' has 
the meaning given such term in section 122.23(a)(1) of title 19, Code 
of Federal Regulations.
    Sec. 531. It is the sense of the Senate that the Federal Emergency 
Management Agency or any other organization within the Department of 
Homeland Security should continue to coordinate with the American Red 
Cross in developing a mass care plan for the United States in response 
to a catastrophic event.
    Sec. 532. (a) Findings.--The Senate makes the following findings:
            (1) The Joint Explanatory Statement to accompany the 
        Emergency Supplemental Appropriations Act for Defense, the 
        Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-
        13) requires the Department of Defense to set forth in a report 
        to Congress a comprehensive set of performance indicators and 
        measures for progress toward military and political stability 
        in Iraq.
            (2) The report requires performance standards and goals for 
        security, economic, and security force training objectives in 
        Iraq together with a notional timetable for achieving these 
        goals.
            (3) In specific, the report required, at a minimum, the 
        following:
                    (A) With respect to stability and security in Iraq, 
                the following:
                            (i) Key measures of political stability, 
                        including the important political milestones 
                        that must be achieved over the next several 
                        years.
                            (ii) The primary indicators of a stable 
                        security environment in Iraq, such as number of 
                        engagements per day, numbers of trained Iraqi 
                        forces, and trends relating to numbers and 
                        types of ethnic and religious-based hostile 
                        encounters.
                            (iii) An assessment of the estimated 
                        strength of the insurgency in Iraq and the 
                        extent to which it is composed of non-Iraqi 
                        fighters.
                            (iv) A description of all militias 
                        operating in Iraq, including the number, size, 
                        equipment strength, military effectiveness, 
                        sources of support, legal status, and efforts 
                        to disarm or reintegrate each militia.
                            (v) Key indicators of economic activity 
                        that should be considered the most important 
                        for determining the prospects of stability in 
                        Iraq, including--
                                    (I) unemployment levels;
                                    (II) electricity, water, and oil 
                                production rates; and
                                    (III) hunger and poverty levels.
                            (vi) The criteria the Administration will 
                        use to determine when it is safe to begin 
                        withdrawing United States forces from Iraq.
            (B) With respect to the training and performance of 
        security forces in Iraq, the following:
                            (i) The training provided Iraqi military 
                        and other Ministry of Defense forces and the 
                        equipment used by such forces.
                            (ii) Key criteria for assessing the 
                        capabilities and readiness of the Iraqi 
                        military and other Ministry of Defense forces, 
                        goals for achieving certain capability and 
                        readiness levels (as well as for recruiting, 
                        training, and equipping these forces), and the 
                        milestones and notional timetable for achieving 
                        these goals.
                            (iii) The operational readiness status of 
                        the Iraqi military forces, including the type, 
                        number, size, and organizational structure of 
                        Iraqi battalions that are--
                                    (I) capable of conducting 
                                counterinsurgency operations 
                                independently;
                                    (II) capable of conducting 
                                counterinsurgency operations with the 
                                support of United States or coalition 
                                forces; or
                                    (III) not ready to conduct 
                                counterinsurgency operations.
                            (iv) The rates of absenteeism in the Iraqi 
                        military forces and the extent to which 
                        insurgents have infiltrated such forces.
                            (v) The training provided Iraqi police and 
                        other Ministry of Interior forces and the 
                        equipment used by such forces.
                            (vi) Key criteria for assessing the 
                        capabilities and readiness of the Iraqi police 
                        and other Ministry of Interior forces, goals 
                        for achieving certain capability and readiness 
                        levels (as well as for recruiting, training, 
                        and equipping), and the milestones and notional 
                        timetable for achieving these goals, 
                        including--
                                    (I) the number of police recruits 
                                that have received classroom training 
                                and the duration of such instruction;
                                    (II) the number of veteran police 
                                officers who have received classroom 
                                instruction and the duration of such 
                                instruction;
                                    (III) the number of police 
                                candidates screened by the Iraqi Police 
                                Screening Service, the number of 
                                candidates derived from other entry 
                                procedures, and the success rates of 
                                those groups of candidates;
                                    (IV) the number of Iraqi police 
                                forces who have received field training 
                                by international police trainers and 
                                the duration of such instruction; and
                                    (V) attrition rates and measures of 
                                absenteeism and infiltration by 
                                insurgents.
                            (vii) The estimated total number of Iraqi 
                        battalions needed for the Iraqi security forces 
                        to perform duties now being undertaken by 
                        coalition forces, including defending the 
                        borders of Iraq and providing adequate levels 
                        of law and order throughout Iraq.
                            (viii) The effectiveness of the Iraqi 
                        military and police officer cadres and the 
                        chain of command.
                            (ix) The number of United States and 
                        coalition advisors needed to support the Iraqi 
                        security forces and associated ministries.
                            (x) An assessment, in a classified annex if 
                        necessary, of United States military 
                        requirements, including planned force 
                        rotations, through the end of calendar year 
                        2006.
            (3) The deadline for submittal of the report to Congress 
        was 60 days after the date of the enactment of the Emergency 
        Supplemental Appropriations Act for Defense, the Global War on 
        Terror, and Tsunami Relief, 2005, that is July 11, 2005, and 
        every 90 days thereafter through the end of fiscal year 2006.
            (4) The report has not yet been received by Congress.
            (5) The availability of accurate data on key performance 
        indicators is critical to understanding whether the United 
        States strategy in Iraq is succeeding, and the substantial 
        resources provided by Congress, which total more than 
        $200,000,000,000 and an approximate monthly expenditure of 
        $5,000,000,000, with substantial resource expenditures still to 
        come, are being utilized effectively.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) the information requested in the report described by 
        subsection (a) is critical--
                    (A) to fulfilling the oversight obligations of 
                Congress;
                    (B) to ensuring the success of United States 
                strategy in Iraq;
                    (C) to maximizing the effectiveness of the 
                substantial resources provided by Congress and the 
                American people for United States efforts in Iraq;
                    (D) to identifying when the Iraqi security forces 
                will be able to assume responsibility for security in 
                Iraq; and
                    (E) to obtaining an estimate of the level of United 
                States troops that will be necessary in Iraq during 
                2005 and 2006, and in any years thereafter;
            (2) the report should be provided by the Department of 
        Defense, as required by the Emergency Supplemental 
        Appropriations Act for Defense, the Global War on Terror, and 
        Tsunami Relief, 2005 as soon as possible; and
            (3) the Secretary of Defense should communicate to Congress 
        and the American people why the report was not submitted to 
        Congress by the original deadline for its submittal.
    Sec. 533. Sense of the Senate. (a) Findings.--The Senate finds 
that:
            (1) On February 6, 2002, Director of Central Intelligence 
        George Tenet testified that ``[A]l Qaeda or other terrorist 
        groups might also try to launch conventional attacks against 
        the chemical or nuclear industrial infrastructure of the United 
        States to cause widespread toxic or radiological damage.''
            (2) On April 27, 2005, the GAO found that ``Experts agree 
        that the nation's chemical facilities present an attractive 
        target for terrorists intent on causing massive damage. For 
        example, the Department of Justice has concluded that the risk 
        of an attempt in the foreseeable future to cause an industrial 
        chemical release is both real and credible. Terrorist attacks 
        involving the theft or release of certain chemicals could 
        significantly impact the health and safety of millions of 
        Americans, disrupt the local or regional economy, or impact 
        other critical infrastructures that rely on chemicals, such as 
        drinking water and wastewater treatment systems.''
            (3) As of May 2005, according to data collected pursuant to 
        the Risk Management Plan (RMP) of the Environmental Protection 
        Agency (EPA), a worst-case release of chemicals from 2237 
        facilities would potentially affect between 10,000 and 99,999 
        people, a release from 493 facilities would potentially affect 
        between 100,000 and 999,000, and a release from 111 facilities 
        would potentially affect over 1,000,000.
            (4) On April 27, 2005, the GAO found that EPA and RMP data 
        was based on a release from a single vessel or pipe rather than 
        the entire quantity on site and that ``[A]n attack that 
        breached multiple chemical vessels simultaneously could result 
        in a larger release with potentially more severe consequences 
        than those outlined in `worst-case' scenarios.''
            (5) On April 27, 2005, the GAO found that ``Despite efforts 
        by DHS to assess facility vulnerabilities and suggest security 
        improvements, no one has comprehensively assessed security at 
        facilities that house chemicals nationwide.'' GAO further 
        testified that ``EPA officials estimated in 2003, that 
        voluntary initiatives led by industry associations only reach a 
        portion of the 15,000 RMP facilities. Further, EPA and DHS have 
        stated publicly that voluntary efforts alone are not sufficient 
        to assure the public of the industry's preparedness.''
            (6) On June 15, 2005, Thomas P. Dunne, Deputy Assistant 
        Administrator for the Office of Solid Waste and Emergency 
        Response of the EPA testified that ``[O]nly a fraction of U.S. 
        hazardous chemical facilities are currently subject to Federal 
        security requirements'' and that ``we cannot be sure that every 
        high-risk chemical facility has taken voluntary action to 
        secure itself against terrorism.''
            (7) On June 15, 2005, Robert Stephan, Acting Undersecretary 
        for Information Analysis and Infrastructure Protection and 
        Assistant Secretary for Infrastructure Protection at the 
        Department of Homeland Security testified that that the 
        Department ``has concluded that from the regulatory 
        perspective, the existing patchwork of authorities does not 
        permit us to regulate the industry effectively.'' Stephen 
        further testified that ``[I]t has become clear that the 
        entirely voluntary efforts of [chemical facility] companies 
        alone will not sufficiently address security for the entire 
        sector'' and that ``The Department should develop enforceable 
        performance standards...''
            (8) The Senate Committee on Homeland Security and 
        Governmental Affairs, through a series of valuable and wide-
        ranging hearings, has demonstrated bipartisan commitment to 
        effective Congressional action to protect Americans against a 
        possible terrorist attack against chemical facilities.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Congress should pass legislation establishing enforceable Federal 
standards to protect against a terrorist attack on chemical facilities 
within the United States.
    Sec. 534. In light of concerns regarding inconsistent policy 
memoranda and guidelines issued to counties and communities affected by 
the 2004 hurricane season, the Secretary of Homeland Security, acting 
through the Under Secretary for Emergency Preparedness and Response, 
shall provide clear, concise, and uniform guidelines for the 
reimbursement to any county or government entity affected by a 
hurricane of the costs of hurricane debris removal.
    Sec. 535. Not later than 60 days after the date of enactment of 
this Act, the Secretary of Homeland Security, acting through the Under 
Secretary for Emergency Preparedness and Response, shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report describing any changes to Federal emergency 
preparedness and response policies and practices made as a result of 
the report of the Inspector General of the Department of Homeland 
Security, dated May 20, 2005, relating to the individual and household 
program of the Federal Emergency Management Agency in Miami-Dade 
County, Florida, in response to Hurricane Frances.
    Sec. 536. It is the sense of the Senate that the Secretary of 
Homeland Security should conduct a study of the feasibility of 
leveraging existing FM broadcast radio infrastructure to provide a 
first alert, encrypted, multi-point emergency messaging system for 
emergency response using proven technology.
    Sec. 537. Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security acting through the Under 
Secretary for Emergency Preparedness shall propose new inspection 
guidelines that prohibit inspectors from entering into a contract with 
any individual or entity for whom the inspector performs an inspection 
for purposes of determining eligibility for assistance from the Federal 
Emergency Management Agency.
    Sec. 538. None of the funds appropriated under this Act may be used 
to promulgate regulations to implement the plan developed pursuant to 
section 7209(b) of the 9/11 Commission Implementation Act of 2004 (8 
U.S.C. 1185 note) to limit United States citizens to a passport as the 
exclusive document to be presented upon entry into the United States 
from Canada by land.
    Sec. 539. (a) Congress makes the following findings:
            (1) The Homeland Security Advisory System had been raised 
        to threat level Code Orange, a level which indicates a high 
        risk of terrorist attack, on six occasions since the Advisory 
        System was created in March 2002, prior to the raising of the 
        threat level to Code Orange following the bombings that 
        occurred in London on July 7, 2005.
            (2) The Code Orange threat level remained in place for an 
        average of 13 days on each of the first five occasions that it 
        was raised to that level.
            (3) The sixth elevation of the threat level to Code Orange 
        occurred in August 2004 and ended 98 days later, making it four 
        times longer than any other such alert and constituting half of 
        the days that the United States has been under a high risk of 
        terrorist attack.
            (4) The Conference of Mayors estimates that cities in the 
        United States spend some $70,000,000 per week to implement 
        security measures associated with the Code Orange threat level.
            (5) The recommendation to elevate the threat level is made 
        by the Homeland Security Council, a group of Cabinet officials 
        and senior advisors to the President and Vice President, (in 
        this section referred to as the ``Council'').
            (6) In May 2005, Secretary of Homeland Security Tom Ridge 
        revealed that there was often considerable disagreement among 
        the members of the Council as to whether or not the threat 
        level should be raised.
            (7) There remains considerable confusion among the public 
        and State and local government officials as to the decision-
        making process and criteria used by the Council in deciding 
        whether the threat level should be raised to Code Orange.
    (b) Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall conduct a study 
examining the six occasions in which the Homeland Security Advisory 
System was raised to Code Orange prior to July 2005 and submit to 
Congress a report on such study.
    (c) The report required by subsection (b) shall include an 
explanation and analysis of the decision-making process used by the 
Council to raise the threat level to Code Orange in each of the six 
instances prior to July 2005, including--
            (1) the criteria and standards used by the Council in 
        reaching its decision;
            (2) a description of deliberations and votes of the Council 
        were conducted, and whether any of the deliberations and votes 
        have been transcribed or were otherwise recorded in some 
        manner;
            (3) an explanation for the decision, on the sixth occasion, 
        for the threat level to remain elevated for 98 days, and what 
        role, if any, staff of the White House played in the decision 
        to raise the level on that occasion;
            (4) a description of the direct and indirect costs incurred 
        by cities, States, or the Federal Government after the threat 
        level was raised to Code Orange on each of the six occasions; 
        and
            (5) the recommendations of the Comptroller General of the 
        United States, if any, for improving the Homeland Security 
        Advisory System, including recommendations regarding--
                    (A) measures that could be carried out to build 
                greater public awareness and confidence in the work of 
                the Council;
                    (B) whether the Council and the Secretary of 
                Homeland Security could benefit from greater 
                transparency and the development of more clearly 
                articulated public standards in the threat level 
                decision-making process;
                    (C) whether the current composition of the Council 
                should be modified to include representatives from the 
                States; and
                    (D) the measures that could be carried out to 
                minimize the costs to States and municipalities during 
                periods when the Homeland Security Advisory System is 
                raised to level to Code Orange.
    (d) The report required by subsection (b) shall be submitted in an 
unclassified form.
    Sec. 540. Strengthening Security at Nuclear Power Plants. (a) 
Findings.--The Senate finds that--
            (1) A taped interview shown on al-Jazeera television on 
        September 10, 2002, included a statement that al-Qaeda 
        initially planned to include a nuclear power plant in its 2001 
        attacks on the United States.
            (2) In the 108th Congress, the Senate Environment and 
        Public Works Committee approved bipartisan legislation to 
        improve nuclear plant security. No action was taken by the full 
        Senate.
            (3) Last month, the Senate Environment and Public Works 
        Committee again approved bipartisan legislation to improve 
        nuclear plant security.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Congress should pass bipartisan legislation to address nuclear power 
plant security prior to the August recess.
    Sec. 541. Sense of the Senate Regarding Threat Assessment of Major 
Tourist Attractions. (a) Findings.--The Senate finds that:
            (1) Whereas terrorists target areas of high population and 
        national significance in order to inflict the most damage to a 
        free society.
            (2) Whereas preparedness is vital in emergency planning, 
        prevention and response to a terrorist attack.
            (3) Whereas first responders in cities with nationally 
        significant tourist populations face increased strain in 
        training and preparation for terrorism.
            (4) Whereas cities with nationally significant tourist 
        populations have been previously targeted by terrorist groups 
        in an effort to disrupt the economy and spread fear and 
        anxiety.
            (5) Whereas tens of millions of Americans travel to tourist 
        destinations annually and many of those destinations lie 
        outside of major cities and therefore are not adequately 
        addressed by threat assessments that only include permanent 
        city residents.
    (b) Sense of the Senate.--It is the sense of the Senate that in the 
assessment of threat as it relates to the dispersal of Department of 
Homeland Security funding the Secretary should consider tourism 
destinations that attract tens of millions of visitors annually as 
potentially high risk targets.

             TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

    Sec. 601. Short Title. This title may be cited as the ``Homeland 
Security Grant Enhancement Act of 2005''.
    Sec. 602. Interagency Committee To Coordinate and Streamline 
Homeland Security Grant Programs. (a) In General.--Title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by 
inserting after section 801 the following:

``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND 
              SECURITY GRANT PROGRAMS.

    ``(a) Establishment.--
            ``(1) In general.--Consistent with section 871, the 
        Secretary, in coordination with the Attorney General, the 
        Secretary of Health and Human Services, the Secretary of 
        Transportation, the Administrator of the Environmental 
        Protection Agency, and other agencies providing assistance for 
        emergency response provider preparedness, as identified by the 
        President, shall establish the Interagency Committee to 
        Coordinate and Streamline Homeland Security Grant Programs 
        (referred to in this subtitle as the `Interagency Committee').
            ``(2) Composition.--The Interagency Committee shall be 
        composed of--
                    ``(A) at least 2 representatives of the Department, 
                including a representative of the United States Fire 
                Administration;
                    ``(B) a representative of the Department of Health 
                and Human Services;
                    ``(C) a representative of the Department of 
                Transportation;
                    ``(D) a representative of the Department of 
                Justice;
                    ``(E) a representative of the Environmental 
                Protection Agency;
                    ``(F) at least 2 State Governors, or their 
                designees, or other local or tribal officials; and
                    ``(G) a representative of any other department or 
                agency determined to be necessary by the President.
            ``(3) Responsibilities.--The Interagency Committee shall--
                    ``(A) provide any findings to the Information 
                Clearinghouse established under section 801(c);
                    ``(B) consult with State and local governments and 
                emergency response providers regarding their homeland 
                security needs and capabilities;
                    ``(C) advise the Secretary on the development of 
                performance measures for homeland security and other 
                first responder assistance programs;
                    ``(D) compile a list of homeland security and other 
                first responder assistance programs;
                    ``(E) not later than 1 year after the date of 
                enactment of the Homeland Security Grant Enhancement 
                Act of 2005--
                            ``(i) develop a proposal to coordinate, to 
                        the maximum extent practicable, the planning, 
                        reporting, application, and other guidance 
                        documents contained in homeland security 
                        assistance programs to--
                                    ``(I) eliminate all redundant and 
                                duplicative requirements and onerous 
                                application and ongoing reporting 
                                requirements;
                                    ``(II) ensure accountability of the 
                                programs to the intended purposes of 
                                such programs;
                                    ``(III) coordinate expenditures of 
                                grant funds to avoid duplicative or 
                                inconsistent purchases; and
                                    ``(IV) make the programs as user 
                                friendly as possible for applicants, 
                                including reducing lapsed time between 
                                grant applications, decisions and 
                                payments, easing fund matching 
                                requirements, and improving application 
                                guidance; and
                            ``(ii) submit the proposal developed under 
                        clause (i) to--
                                    ``(I) the President;
                                    ``(II) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate; and
                                    ``(III) the Committee on Homeland 
                                Security of the House of 
                                Representatives; and
                    ``(F) otherwise promote the coordination of 
                homeland security grant programs throughout the Federal 
                government.
    ``(b) Administration.--The Department shall provide administrative 
support to the Interagency Committee, which shall include--
            ``(1) scheduling meetings;
            ``(2) preparing agenda;
            ``(3) maintaining minutes and records; and
            ``(4) producing reports.
    ``(c) Chairperson.--The Secretary shall designate a chairperson of 
the Interagency Committee.
    ``(d) Meetings.--The Interagency Committee shall meet--
            ``(1) at the call of the Secretary; or
            ``(2) not less frequently than once every month.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 801 the following:

``Sec. 802. Interagency Committee to Coordinate and Streamline Homeland 
                            Security Grant Programs.''.
    Sec. 603. Streamlining Federal Homeland Security Grant 
Administration. (a) Director of State and Local Government Coordination 
and Preparedness.--Section 801(a) of the Homeland Security Act of 2002 
(6 U.S.C. 361(a)) is amended to read as follows:
    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office 
        of the Secretary the Office for State and Local Government 
        Coordination and Preparedness, which shall oversee and 
        coordinate departmental programs for, and relationships with, 
        State and local governments.
            ``(2) Executive director.--The Office established under 
        paragraph (1) shall be headed by the Executive Director of 
        State and Local Government Coordination and Preparedness, who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate.''.
    (b) Office for Domestic Preparedness.--The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by redesignating section 430 as section 803 and 
        transferring that section to the end of subtitle A of title 
        VIII, as amended by section 602; and
            (2) in section 803, as redesignated by paragraph (1)--
                    (A) in subsection (a), by striking ``the 
                Directorate of Border and Transportation Security'' and 
                inserting ``the Office for State and Local Government 
                Coordination and Preparedness'';
                    (B) in subsection (b), by striking ``who shall be 
                appointed by the President'' and all that follows and 
                inserting ``who shall report directly to the Executive 
                Director of State and Local Government Coordination and 
                Preparedness.''; and
                    (C) in subsection (c)--
                            (i) in paragraph (7)--
                                    (I) by striking ``other'' and 
                                inserting ``the''; and
                                    (II) by striking ``consistent with 
                                the mission and functions of the 
                                Directorate'';
                            (ii) in paragraph (8)--
                                    (I) by inserting ``carrying out'' 
                                before ``those elements''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (iii) in paragraph (9), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(10) managing the Homeland Security Information 
        Clearinghouse established under section 801(c).''.
    (c) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
        amended--
                    (A) by striking the item relating to section 430;
                    (B) by amending the item relating to section 801 to 
                read as follows:

``Sec. 801. Office of State and Local Government Coordination and 
                            Preparedness.'';
                and
                    (C) by inserting after the item relating to section 
                802, as added by this title, the following:

``Sec. 803. Office for Domestic Preparedness.''.
            (2) Section heading.--Section 801 of the Homeland Security 
        Act of 2002 (6 U.S.C. 361) is amended by striking the section 
        heading and inserting the following:

``SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND 
              PREPAREDNESS.''.

    (d) Establishment of Homeland Security Information Clearinghouse.--
Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361), as 
amended by subsection (a), is further amended by adding at the end the 
following:
    ``(c) Homeland Security Information Clearinghouse.--
            ``(1) Establishment.--There is established within the 
        Office for State and Local Government Coordination and 
        Preparedness a Homeland Security Information Clearinghouse 
        (referred to in this section as the `Clearinghouse'), which 
        shall assist States, local governments, and emergency response 
        providers in accordance with paragraphs (2) through (6).
            ``(2) Homeland security grant information.--The 
        Clearinghouse shall create a new website or enhance an existing 
        website, establish a toll-free number, and produce a single 
        publication that each contain information regarding the 
        homeland security grant programs administered by the 
        Department.
            ``(3) Technical assistance.--The Clearinghouse, in 
        consultation with the Interagency Committee established under 
        section 802, shall provide information regarding technical 
        assistance provided by any Federal agency to States and local 
        governments relating to homeland security matters, including 
        templates for conducting threat analyses and vulnerability 
        assessments.
            ``(4) Best practices.--The Clearinghouse shall work with 
        States, local governments, emergency response providers, the 
        National Domestic Preparedness Consortium, the National 
        Memorial Institute for the Prevention of Terrorism, and private 
        organizations to gather, validate, and disseminate information 
        regarding successful State and local homeland security programs 
        and practices.
            ``(5) Use of federal funds.--The Clearinghouse shall 
        compile information regarding equipment, training, and other 
        services that can be purchased with Federal funds provided 
        under homeland security grant programs and make such 
        information, and information regarding voluntary standards of 
        training, equipment, and exercises, available to States, local 
        governments, and emergency response providers.
            ``(6) Other information.--The Clearinghouse shall provide 
        States, local governments, and emergency response providers 
        with any other information that the Secretary determines 
        necessary.''.
    Sec. 604. Essential Capabilities for First Responders and Threat-
based Homeland Security Grant Program. (a) In General.--The Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following:

 ``TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-
                 BASED HOMELAND SECURITY GRANT PROGRAM

``SEC. 1801. DEFINITIONS.

    ``In this title, the following definitions shall apply:
            ``(1) Directly eligible tribe.--The term `directly eligible 
        tribe' means--
                    ``(A) any Indian tribe, as that term is defined in 
                section 4(e) of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b(e)), that--
                            ``(i) is located in the continental United 
                        States;
                            ``(ii) operates a law enforcement or 
                        emergency response agency with the capacity to 
                        respond to calls for law enforcement or 
                        emergency services;
                            ``(iii) is located--
                                    ``(I) on, or within 10 miles of, an 
                                international border or a coastline 
                                bordering an ocean or international 
                                waters;
                                    ``(II) within 5 miles of critical 
                                infrastructure or having critical 
                                infrastructure within its territory; or
                                    ``(III) within or contiguous to 1 
                                of the 50 largest metropolitan 
                                statistical areas in the United States; 
                                and
                            ``(iv) certifies to the Secretary that a 
                        State or eligible metropolitan region is not 
                        making funds distributed under this title 
                        available to the Indian tribe or consortium of 
                        Indian tribes for the purpose for which the 
                        Indian tribe or consortium of Indian tribes is 
                        seeking grant funds; and
                    ``(B) a consortium of Indian tribes if each tribe 
                satisfies the requirements of subparagraph (A).
            ``(2) Eligible metropolitan region.--The term `eligible 
        metropolitan region' means the following:
                    ``(A) In general.--A combination of 2 or more 
                incorporated municipalities, counties, parishes, or 
                Indian tribes within a metropolitan region that 
                includes the city in that metropolitan region with the 
                largest population. Such eligible metropolitan region 
                may include additional local governments outside the 
                metropolitan region that are likely to be affected by, 
                or be called upon to respond to, a terrorist attack or 
                other catastrophic event within the metropolitan 
                region.
                    ``(B) Other combinations.--Any other combination of 
                contiguous local governments that are formally 
                certified by the Secretary as an eligible metropolitan 
                region for purposes of this title with the consent of 
                the State or States in which such local governments are 
                located.
            ``(3) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to threatened or actual 
        domestic terrorist attacks and other catastrophic events.
            ``(4) Indian tribe.--The term `Indian tribe' means an 
        entity described under section 2(10)(B).
            ``(5) Metropolitan region.--The term `metropolitan region' 
        means--
                    ``(A) any of the 100 largest metropolitan 
                statistical areas in the United States, as defined by 
                the Office of Management and Budget; or
                    ``(B) any combined statistical area, as defined by 
                the Office of Management and Budget, of which any 
                metropolitan statistical area covered by subparagraph 
                (A) is a part.
            ``(6) Population.--The term `population' means population 
        according to the most recent United States census population 
        estimates available at the start of the relevant fiscal year.
            ``(7) Population density.--The term `population density' 
        means population divided by land area in square miles.
            ``(8) Sliding scale baseline allocation.--The term `sliding 
        scale baseline allocation' means 0.001 multiplied by the sum 
        of--
                    ``(A) the value of a State's population relative to 
                that of the most populous of the 50 States of the 
                United States, where the population of such States has 
                been normalized to a maximum value of 100; and
                    ``(B) one-fourth of the value of a State's 
                population density relative to that of the most densely 
                populated of the 50 States of the United States, where 
                the population density of such States has been 
                normalized to a maximum value of 100.
            ``(9) Threat-based homeland security grant program.--The 
        term `Threat-Based Homeland Security Grant Program' means the 
        program established under section 1804.

``SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL 
              FIRST RESPONDER MISSIONS.

    ``(a) In General.--This title shall not be construed to affect any 
authority to award grants under any Federal grant program listed under 
subsection (b), which existed on September 10, 2001, to enhance 
traditional missions of State and local law enforcement, firefighters, 
ports, emergency medical services, or public health missions.
    ``(b) Programs Not Affected.--The programs referred to in 
subsection (a) are the following:
            ``(1) The Firefighter Assistance Program authorized under 
        section 33 of the Federal Fire Prevention and Control Act of 
        1974 (15 U.S.C. 2229) and programs under section 34 of that Act 
        (15 U.S.C. 2229a).
            ``(2) All grant programs authorized under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.), including the Emergency Management 
        Performance Grant Program and the Urban Search and Rescue Grant 
        program.
            ``(3) The Justice Assistance Grants authorized under part E 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3750 et seq.) (commonly known as the Edward 
        Byrne Memorial State and Local Law Enforcement Assistance 
        Programs).
            ``(4) The Public Safety and Community Policing (COPS ON THE 
        BEAT) Grant Program authorized under part Q of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796dd et seq.).
            ``(5) Grant programs under the Public Health Service Act 
        regarding preparedness for bioterrorism and other public health 
        emergencies and the Emergency Response Assistance Program 
        authorized under section 1412 of the Defense Against Weapons of 
        Mass Destruction Act of 1996 (50 U.S.C. 2312).

``SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--Building upon the national preparedness 
        guidance issued by the Secretary, the Secretary shall establish 
        clearly defined essential capabilities for State and local 
        governments, in consultation with--
                    ``(A) the Task Force on Essential Capabilities for 
                First Responders established under subsection (d);
                    ``(B) the Under Secretaries for Emergency 
                Preparedness and Response (including representatives of 
                the United States Fire Administration), Border and 
                Transportation Security, Information Analysis and 
                Infrastructure Protection, and Science and Technology, 
                and the Executive Director of the Office for State and 
                Local Government Coordination and Preparedness;
                    ``(C) the Secretary of Health and Human Services;
                    ``(D) other appropriate Federal agencies;
                    ``(E) State and local emergency response providers;
                    ``(F) State and local officials; and
                    ``(G) consensus-based standard making organizations 
                responsible for setting standards relevant to the first 
                responder community.
            ``(2) Deadlines.--The Secretary shall--
                    ``(A) establish essential capabilities under 
                paragraph (1) within 30 days after receipt of the first 
                report under subsection (d)(3); and
                    ``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            ``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that a detailed description of the essential 
        capabilities established under paragraph (1) is provided 
        promptly to the States and to Congress. The States shall make 
        the description of the essential capabilities available as 
        appropriate to local governments within their jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            ``(1) Specificity.--The determination of essential 
        capabilities shall describe specifically the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        preparedness based upon--
                    ``(A) the national preparedness goal, the target 
                capabilities list, and the national preparedness 
                guidance;
                    ``(B) the most current risk assessment available by 
                the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States;
                    ``(C) the risks faced by different types of 
                communities, including communities of various sizes, 
                geographies, and other distinguishing characteristics; 
                and
                    ``(D) the principles of regional coordination and 
                mutual aid among State and local governments.
            ``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on local or 
        regional needs, while reaching nationally determined 
        preparedness levels within a specified time period.
            ``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress toward specific terrorism preparedness goals.
            ``(4) Comprehensiveness.--The determination of essential 
        capabilities shall be made within the context of a 
        comprehensive State emergency management system.
    ``(c) Factors To Be Considered.--In establishing essential 
capabilities for different types of communities under subsection 
(a)(1), the Secretary specifically shall consider the variables of 
threat, vulnerability, and consequences with respect to population 
(including transient commuting and tourist populations), areas of high 
population density, critical infrastructure, coastline, and 
international borders. Such consideration shall be based upon the most 
current risk assessment available by the Directorate for Information 
Analysis and Infrastructure Protection of the threats of terrorism 
against the United States and the needs described in the national 
preparedness guidance and the target capabilities list.
    ``(d) Task Force on Essential Capabilities for First Responders.--
            ``(1) Establishment.--
                    ``(A) In general.--To assist the Secretary in 
                establishing essential capabilities under subsection 
                (a)(1), the Secretary shall establish an advisory body 
                under section 871(a) not later than 60 days after the 
                date of enactment of this section, which shall be known 
                as the Task Force on Essential Capabilities for First 
                Responders.
                    ``(B) Termination.--Notwithstanding section 871(b), 
                the Task Force shall terminate 5 years after the date 
                of its establishment, unless the Secretary makes a 
                written determination to extend the Task Force to a 
                specified date, which shall not be more than 5 years 
                after the date on which such determination is made. The 
                Secretary may make any number of subsequent extensions 
                consistent with this subsection.
            ``(2) Public comment.--Not later than 90 days after the 
        date of enactment of this section, the Task Force shall solicit 
        comment on the establishment of essential capabilities for 
        State and local government preparedness.
            ``(3) Report.--
                    ``(A) In general.--Not later than 9 months after 
                the establishment of the Task Force by the Secretary, 
                and every 3 years thereafter, the Task Force shall 
                submit to the Secretary a report on its recommendations 
                for essential capabilities for preparedness for 
                terrorism.
                    ``(B) Contents.--Each report shall--
                            ``(i) provide a thorough assessment of the 
                        national preparedness guidance and target 
                        capabilities list and recommendations for 
                        revisions;
                            ``(ii) include a priority ranking of 
                        essential capabilities in order to provide 
                        guidance to the Secretary and to Congress on 
                        determining the appropriate allocation of, and 
                        funding levels for, first responder needs;
                            ``(iii) set forth a methodology by which 
                        any State or local government will be able to 
                        determine the extent to which it possesses or 
                        has access to the essential capabilities that 
                        States and local governments having similar 
                        risks should obtain; and
                            ``(iv) describe the availability of 
                        national voluntary consensus standards, and 
                        whether there is a need for new national 
                        voluntary consensus standards, with respect to 
                        first responder training and equipment.
                    ``(C) Comprehensiveness.--The Task Force shall 
                ensure that, when recommending essential capabilities 
                for terrorism preparedness, such recommendations are 
                made within the context of a comprehensive State 
                emergency management system.
            ``(4) Membership.--
                    ``(A) In general.--The Task Force shall consist of 
                25 members appointed by the Secretary, and shall, to 
                the extent practicable, represent a geographic and 
                substantive cross section of first responder 
                disciplines from the State and local government levels, 
                including as appropriate--
                            ``(i) members selected from the emergency 
                        response field, including fire service and law 
                        enforcement, hazardous materials response, 
                        emergency medical services, and emergency 
                        management personnel;
                            ``(ii) health scientists, emergency and 
                        inpatient medical providers, and public health 
                        professionals, including experts in emergency 
                        health care response to chemical, biological, 
                        radiological, and nuclear terrorism, and 
                        experts in providing mental health care during 
                        emergency response operations;
                            ``(iii) experts from Federal, State, and 
                        local governments, and the private sector, 
                        representing standards-setting organizations, 
                        including representatives from the voluntary 
                        consensus codes and standards development 
                        community, particularly those with expertise in 
                        first responder disciplines; and
                            ``(iv) State and local officials with 
                        expertise in terrorism preparedness and other 
                        emergency preparedness.
                    ``(B) Coordination with the department of health 
                and human services.--In the selection of members of the 
                Task Force who are health professionals, including 
                emergency medical professionals, the Secretary shall 
                coordinate the selection with the Secretary of Health 
                and Human Services.
                    ``(C) Ex officio members.--The Secretary shall 
                designate 1 or more officers of the Department to serve 
                as ex officio members of the Task Force. One of the ex 
                officio members from the Department shall be the 
                designated officer of the Federal Government for 
                purposes of subsection (e) of section 10 of the Federal 
                Advisory Committee Act (5 U.S.C. App.).
            ``(5) Applicability of federal advisory committee act.--
        Notwithstanding section 871(a), the Federal Advisory Committee 
        Act (5 U.S.C. App.), including subsections (a), (b), and (d) of 
        section 10 of the Federal Advisory Committee Act, and section 
        552b(c) of title 5, United States Code, shall apply to the Task 
        Force.

``SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--There is established the Threat-Based 
        Homeland Security Grant Program, which includes--
                    ``(A) formula-based grants for State and local 
                programs administered by the Office of State and Local 
                Government Coordination and Preparedness, including the 
                State Homeland Security Grant Program, and the Law 
                Enforcement Terrorism Prevention Program under section 
                1014 of the USA PATRIOT ACT (42 U.S.C. 3714);
                    ``(B) discretionary grants for State and local 
                programs administered by the Office of State and Local 
                Government Coordination and Preparedness for use in 
                high-threat, high-density urban areas, including the 
                Urban Area Security Initiative Program; and
                    ``(C) any successor program to any program 
                described in subparagraph (A) or (B).
            ``(2) Grants authorized.--The Secretary may award grants to 
        States and eligible metropolitan regions under the Threat-Based 
        Homeland Security Grant Program to enhance homeland security.
            ``(3) Relationship to other laws.--The Threat-Based 
        Homeland Security Grant Program shall be deemed to satisfy the 
        requirements of section 1014 of the USA PATRIOT ACT (42 U.S.C. 
        3714). The allocation of grants authorized under this section 
        shall be governed by the terms of this section and not by any 
        other provision of law.
    ``(b) Use of Funds.--
            ``(1) In general.--Grants awarded under this section--
                    ``(A) shall be used to address homeland security 
                matters related to acts of terrorism or catastrophic 
                events, related capacity building, or otherwise 
                addressing shortfalls in essential capabilities; and
                    ``(B) shall not be used to supplant ongoing 
                emergency response expenses or general protective 
                measures.
            ``(2) Allowable uses.--Grants awarded under this section 
        may be used to achieve essential capabilities through--
                    ``(A) developing State or regional plans or risk 
                assessments (including the development of the homeland 
                security plan under subsection (e)) to respond to 
                terrorist attacks or other catastrophic events and 
                community wide plans for responding to terrorist or 
                catastrophic events that are coordinated with the 
                capacities of applicable Federal, State, and local 
                governments, emergency response providers, and State 
                and local government health agencies;
                    ``(B) developing State, regional, or local mutual 
                aid agreements;
                    ``(C) purchasing, upgrading, storing, or 
                maintaining equipment based on State and local needs as 
                identified under a State homeland security plan, 
                consistent with essential capability needs;
                    ``(D) conducting exercises to strengthen emergency 
                preparedness of State and local first responders 
                including law enforcement, firefighting personnel, and 
                emergency medical service workers, and other emergency 
                responders identified in a State homeland security 
                plan;
                    ``(E) paying for expenses relating to--
                            ``(i) overtime regarding training 
                        activities consistent with the goals outlined 
                        in a State homeland security plan; and
                            ``(ii) as determined by the Secretary, 
                        overtime activities relating to an increase in 
                        the threat level under the Homeland Security 
                        Advisory System;
                    ``(F) promoting training relating to homeland 
                security preparedness including--
                            ``(i) emergency preparedness responses to a 
                        use or threatened use of a weapon of mass 
                        destruction; and
                            ``(ii) training in the use of equipment, 
                        including detection, monitoring, and 
                        decontamination equipment, and personal 
                        protective gear;
                    ``(G) conducting any activity permitted under the 
                Law Enforcement Terrorism Prevention Grant Program 
                under section 1014 of the USA PATRIOT ACT (42 U.S.C. 
                3714); and
                    ``(H) any other activity relating to achieving 
                essential capabilities approved by the Secretary.
            ``(3) Prohibited uses.--Grants awarded under this section 
        may not be used to construct buildings or other physical 
        facilities, except those described in section 611 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5196) and approved by the Secretary in the homeland 
        security plan certified under subsection (e), or to acquire 
        land.
    ``(c) Equipment Standards.--If an applicant for a grant under this 
section proposes to upgrade or purchase, with assistance provided under 
the grant, new equipment or systems that do not meet or exceed any 
applicable national voluntary consensus standards established by the 
Secretary under section 1807(a), the applicant shall include in the 
application an explanation of why such equipment or systems will serve 
the needs of the applicant better than equipment or systems that meet 
or exceed such standards.
    ``(d) Application.--
            ``(1) States.--
                    ``(A) Submission.--A State may apply for a grant 
                under this section by submitting to the Secretary an 
                application detailing how requested funds would be used 
                to achieve essential capabilities and containing such 
                other information the Secretary may reasonably require.
                    ``(B) Revisions.--A State may revise a homeland 
                security plan certified under subsection (e) at the 
                time an application is submitted under subparagraph (A) 
                after receiving approval from the Secretary.
                    ``(C) Approval.--The Secretary shall not award a 
                grant under this section unless--
                            ``(i) the State submitting the application 
                        has previously submitted a homeland security 
                        plan meeting the requirements of subsection 
                        (e); and
                            ``(ii) the Secretary finds that the report 
                        submitted by the recipient under subsection (g) 
                        demonstrates significant progress toward 
                        achieving essential capabilities and meeting 
                        the goals in the homeland security plan of the 
                        State.
                    ``(D) Release of funds.--The Secretary shall 
                release grant funds to States with approved plans after 
                the approval of an application submitted under this 
                paragraph.
            ``(2) Eligible metropolitan regions.--
                    ``(A) Submission.--An eligible metropolitan region 
                may apply for a grant under this section by submitting 
                an application through the Governor of each State 
                within which any part of the relevant metropolitan 
                region is located.
                    ``(B) Contents.--An application under this 
                paragraph shall include--
                            ``(i) a description of how requested funds 
                        would be used to achieve essential 
                        capabilities;
                            ``(ii) an explanation of how the proposed 
                        use of funds would be consistent with the 
                        homeland security plans of all relevant States;
                            ``(iii) a geographic description of the 
                        eligible metropolitan region, including a list 
                        of all local governments participating in the 
                        application;
                            ``(iv) an explanation of how the applicant 
                        intends to expend funds under the grant, to 
                        administer such funds, and to allocate such 
                        funds among the participating local 
                        governments;
                            ``(v) if not all of the incorporated 
                        municipalities, counties, parishes, or Indian 
                        tribes in a metropolitan region are 
                        participating in the application, or if 
                        additional local governments outside the 
                        metropolitan region are participating, an 
                        explanation of why the eligible metropolitan 
                        region, as constituted, is an appropriate unit 
                        to receive grants to prevent, prepare for, and 
                        respond to acts of terrorism and other 
                        catastrophic events; and
                            ``(vi) such other information the Secretary 
                        may reasonably require.
                    ``(C) State review and submission.--
                            ``(i) In general.--To ensure consistency 
                        with State homeland security plans, an eligible 
                        metropolitan region or a directly eligible 
                        tribe applying for a grant under this paragraph 
                        shall submit its application to each State 
                        within which any part of the eligible 
                        metropolitan region or directly eligible tribe 
                        is located for review before submission of such 
                        application to the Secretary.
                            ``(ii) Deadline.--Not later than 30 days 
                        after receiving an application from an eligible 
                        metropolitan region or directly eligible tribe, 
                        each such State shall transmit the application 
                        to the Secretary.
                            ``(iii) State disagreement.--If the 
                        Governor of any such State determines that a 
                        regional or tribal application is inconsistent 
                        with the State homeland security plan of that 
                        State, or otherwise does not support the 
                        application, the Governor shall--
                                    ``(I) notify the Secretary, in 
                                writing, of that fact; and
                                    ``(II) provide an explanation of 
                                the reasons for not supporting the 
                                application at the time of transmission 
                                of the application.
    ``(e) Homeland Security Plan.--
            ``(1) In general.--A State applying for a grant under this 
        section shall have a 3-year State homeland security plan 
        (referred to in this subsection as the `plan') to respond to 
        terrorist attacks and other catastrophic events that has been 
        approved by the Secretary.
            ``(2) Contents.--The plan shall contain--
                    ``(A) a 3-year strategy to--
                            ``(i) ensure that the funds allocated to 
                        local governments are used exclusively to meet 
                        the needs and capabilities described under 
                        paragraph (3)(C);
                            ``(ii) provide for interoperable 
                        communications;
                            ``(iii) provide for local coordination of 
                        response and recovery efforts, including 
                        procedures for effective incident command in 
                        conformance with the National Incident 
                        Management System;
                            ``(iv) ensure that first responders and 
                        other emergency personnel have adequate 
                        training and appropriate equipment for the 
                        threats that may occur;
                            ``(v) provide for improved coordination and 
                        collaboration among law enforcement, fire, and 
                        public health authorities at Federal, State, 
                        local, and tribal government levels;
                            ``(vi) coordinate emergency response and 
                        public health plans;
                            ``(vii) mitigate risks to critical 
                        infrastructure that may be vulnerable to 
                        terrorist attacks;
                            ``(viii) promote regional coordination 
                        among contiguous local governments;
                            ``(ix) identify necessary protective 
                        measures by private owners of critical 
                        infrastructure;
                            ``(x) promote orderly evacuation procedures 
                        when necessary;
                            ``(xi) ensure support from the public 
                        health community for measures needed to 
                        prevent, detect, and treat bioterrorism, and 
                        radiological and chemical incidents;
                            ``(xii) increase the number of local 
                        jurisdictions participating in local and 
                        statewide exercises; and
                            ``(xiii) meet preparedness goals as 
                        determined by the Secretary;
                    ``(B) objective measures for assessing the extent 
                to which the goals and objectives set forth in 
                paragraph (A) have been achieved;
                    ``(C) priorities for the allocation of funding to 
                local governments based on the risk, capabilities, and 
                needs described under paragraph (3)(C); and
                    ``(D) a report from the relevant advisory committee 
                established under paragraph (3)(D) that documents the 
                areas of support, disagreement, or recommended changes 
                to the plan before its submission to the Secretary.
            ``(3) Development process.--
                    ``(A) In general.--In preparing the plan under this 
                section, a State shall--
                            ``(i) provide for the consideration of all 
                        homeland security needs;
                            ``(ii) follow a process that is continuing, 
                        inclusive, cooperative, and comprehensive, as 
                        appropriate; and
                            ``(iii) coordinate the development of the 
                        plan with the homeland security planning 
                        activities of local governments.
                    ``(B) Coordination with local planning 
                activities.--The coordination under subparagraph 
                (A)(iii) shall contain input from local stakeholders, 
                including--
                            ``(i) local officials, including 
                        representatives of rural, high-population, and 
                        high-threat jurisdictions and of Indian tribes;
                            ``(ii) emergency response providers; and
                            ``(iii) private sector companies that own 
                        or operate critical infrastructure.
                    ``(C) Scope of planning.--Each State preparing a 
                plan under this section shall, in conjunction with the 
                local stakeholders under subparagraph (B), address all 
                the information requested by the Secretary, and 
                complete a comprehensive assessment of--
                            ``(i) risk, including a--
                                    ``(I) vulnerability and consequence 
                                assessment;
                                    ``(II) threat assessment; and
                                    ``(III) public health assessment, 
                                in coordination with the State 
                                bioterrorism plan; and
                            ``(ii) capabilities and needs, consistent 
                        with the essential capabilities established by 
                        the Secretary, including--
                                    ``(I) an evaluation of current 
                                preparedness, mitigation, and response 
                                capabilities based on such assessment 
                                mechanisms as shall be determined by 
                                the Secretary;
                                    ``(II) an evaluation of 
                                capabilities needed to address the 
                                risks described under clause (i); and
                                    ``(III) an assessment of the 
                                shortfall between the capabilities 
                                described under subclause (I) and the 
                                required capabilities described under 
                                subclause (II).
                    ``(D) Advisory committee.--
                            ``(i) In general.--Each State preparing a 
                        plan under this section shall establish an 
                        advisory committee to receive comments from the 
                        public and the local stakeholders identified 
                        under subparagraph (B).
                            ``(ii) Composition.--
                                    ``(I) In general.--The Advisory 
                                Committee shall include--
                                            ``(aa) local officials; and
                                            ``(bb) emergency response 
                                        providers, which shall include 
                                        representatives of the fire 
                                        service, law enforcement, 
                                        emergency medical response, and 
                                        emergency managers.
                                    ``(II) Geographic representation.--
                                The members of the Advisory Committee 
                                shall be a representative group of 
                                individuals from the counties, cities, 
                                towns, and Indian tribes within the 
                                State, including representatives of 
                                rural, high-population, and high-threat 
                                jurisdictions.
            ``(4) Plan approval.--The Secretary shall approve a plan 
        upon finding that the plan meets the requirements of--
                    ``(A) paragraphs (2) and (3); and
                    ``(B) any other criteria the Secretary determines 
                necessary to the approval of a State plan.
            ``(5) Review of advisory committee report.--The Secretary 
        shall review the recommendations of the advisory committee 
        report incorporated into a plan under subsection (e)(2)(D), 
        including any dissenting views submitted by advisory committee 
        members, to ensure cooperation and coordination between State 
        and local government jurisdictions in planning for the use of 
        grant funds under this section.
    ``(f) Allocation.--
            ``(1) Sliding scale baseline distribution.--
                    ``(A) States.--Each State whose application is 
                approved under subsection (d) shall receive, for each 
                fiscal year, the greater of--
                            ``(i) 0.55 percent of the amounts 
                        appropriated for the Threat-Based Homeland 
                        Security Grant Program; or
                            ``(ii) the State's sliding scale baseline 
                        allocation of 28.62 percent of the amounts 
                        appropriated for the Threat-Based Homeland 
                        Security Grant Program.
                    ``(B) Other entities.--Notwithstanding subparagraph 
                (A)--
                            ``(i) the District of Columbia shall 
                        receive for each fiscal year 0.55 percent of 
                        the amounts appropriated for the Threat-Based 
                        Homeland Security Grant Program;
                            ``(ii) the Commonwealth of Puerto Rico 
                        shall receive for each fiscal year 0.35 percent 
                        of the amounts appropriated for the Threat-
                        Based Homeland Security Grant Program;
                            ``(iii) American Samoa, the Commonwealth of 
                        the Northern Mariana Islands, Guam, and the 
                        Virgin Islands shall each receive 0.055 percent 
                        of the amounts appropriated for the Threat-
                        Based Homeland Security Grant Program; and
                            ``(iv) no possession of the United States 
                        shall receive a baseline distribution under 
                        subparagraph (A).
            ``(2) Urban area security initiative distribution.--
                    ``(A) Distribution.--After the distribution under 
                paragraph (1), the Secretary may allocate up to 50 
                percent of the funds remaining to provide grants to 
                eligible metropolitan regions and directly eligible 
                tribes.
                    ``(B) Criteria.--
                            ``(i) In general.--The Secretary shall 
                        allocate the grants under this paragraph to 
                        assist eligible metropolitan regions and 
                        directly eligible tribes to achieve essential 
                        capabilities to effectively prevent, prepare 
                        for, and respond to acts of terrorism or other 
                        catastrophic events.
                            ``(ii) Prioritization.--In prioritizing 
                        among the applications of eligible metropolitan 
                        regions and directly eligible tribes for such 
                        funds, the Secretary shall consider the 
                        relative threat, vulnerability, and 
                        consequences faced by an eligible metropolitan 
                        region or directly eligible tribe from a 
                        terrorist attack, including consideration of--
                                    ``(I) whether there has been a 
                                prior terrorist attack in the eligible 
                                metropolitan region or in the area in 
                                which the directly eligible tribe is 
                                located;
                                    ``(II) whether any part of the 
                                eligible metropolitan region or the 
                                area in which the directly eligible 
                                tribe is located has ever had a higher 
                                threat level under the Homeland 
                                Security Advisory System than the 
                                threat level for the United States as a 
                                whole;
                                    ``(III) the population of the 
                                eligible metropolitan region or 
                                directly eligible tribe, except that 
                                the Secretary shall not establish a 
                                minimum population requirement that 
                                would disqualify from consideration a 
                                locality that otherwise faces 
                                significant threats, vulnerabilities, 
                                or consequences from acts of terrorism;
                                    ``(IV) the population density of 
                                the eligible metropolitan region or the 
                                area in which the directly eligible 
                                tribe is located;
                                    ``(V) the degree of threat, 
                                vulnerability, and consequence to the 
                                eligible metropolitan region or 
                                directly eligible tribe related to 
                                critical infrastructure or key assets 
                                identified by the Secretary or State 
                                homeland security plan, including 
                                threats, vulnerabilities, and 
                                consequences from critical 
                                infrastructure in nearby jurisdictions;
                                    ``(VI) whether the eligible 
                                metropolitan region or the area in 
                                which the directly eligible tribe is 
                                located is at or near an international 
                                border;
                                    ``(VII) whether the eligible 
                                metropolitan region or the area in 
                                which the directly eligible tribe is 
                                located has a coastline bordering ocean 
                                or international waters;
                                    ``(VIII) threats, vulnerabilities, 
                                and consequences faced by the eligible 
                                metropolitan region or directly 
                                eligible tribe related to at-risk sites 
                                or activities in nearby jurisdictions, 
                                including the need to respond to 
                                terrorist attacks arising in those 
                                jurisdictions;
                                    ``(IX) the extent to which the 
                                eligible metropolitan region or 
                                directly eligible tribe has unmet 
                                essential capabilities;
                                    ``(X) the extent to which the 
                                application of the eligible 
                                metropolitan region includes all 
                                incorporated municipalities, counties, 
                                parishes, and Indian tribes within the 
                                relevant metropolitan region; and
                                    ``(XI) such other factors as are 
                                specified in writing by the Secretary.
                    ``(C) Distribution of awards to metropolitan 
                regions.--
                            ``(i) In general.--If the Secretary 
                        approves the application of an eligible 
                        metropolitan region for a grant under this 
                        section, the Secretary shall distribute the 
                        regional grant funds to the State or States in 
                        which the eligible metropolitan region is 
                        located.
                            ``(ii) State distribution of funds.--Each 
                        State shall provide the eligible metropolitan 
                        region not less than 80 percent of the grant 
                        funds. Any funds retained by a State shall be 
                        expended on items or services approved by the 
                        Secretary and that benefit the eligible 
                        metropolitan region.
                            ``(iii) Multistate regions.--If parts of an 
                        eligible metropolitan region awarded a grant 
                        are located in 2 or more States, the Secretary 
                        shall distribute to each such State a portion 
                        of the grant funds in proportion to that 
                        State's share of the population of the eligible 
                        metropolitan region, unless the Governors of 
                        each State (or in the case of the District of 
                        Columbia, the Mayor) agree otherwise.
                    ``(D) Directly eligible tribes.--
                            ``(i) In general.--Notwithstanding 
                        subsection (a)(2), the Secretary may award 
                        grants to directly eligible tribes under the 
                        Threat-Based Homeland Security Grant Program as 
                        part of the Urban Area Security Initiative 
                        Distribution.
                            ``(ii) Tribal applications.--A directly 
                        eligible tribe may apply for a grant under this 
                        section by submitting an application to the 
                        Secretary that includes the information 
                        required for an application by an eligible 
                        region under clauses (i), (ii), (iii), (iv), 
                        and (vi) of subsection (d)(2)(B).
                            ``(iii) Distribution of awards to directly 
                        eligible tribes.--If the Secretary approves the 
                        application of a directly eligible tribe for a 
                        grant under this section, the Secretary shall 
                        distribute the grant funds directly to the 
                        directly eligible tribe. The funds shall not be 
                        distributed to the State or States in which the 
                        directly eligible tribe is located.
                            ``(iv) Tribal liaison.--A directly eligible 
                        tribe applying for a grant under this section 
                        shall designate a specific individual to serve 
                        as the tribal liaison who shall--
                                    ``(I) coordinate with Federal, 
                                State, local, regional, and private 
                                officials concerning terrorism 
                                preparedness;
                                    ``(II) develop a process for 
                                receiving input from Federal, State, 
                                local, regional, and private officials 
                                to assist in the development of the 
                                application of such tribe and to 
                                improve the tribe's access to grants; 
                                and
                                    ``(III) administer, in consultation 
                                with State, local, regional, and 
                                private officials, grants awarded to 
                                such tribe.
                            ``(v) Tribes receiving direct grants.--An 
                        Indian tribe that receives a grant directly 
                        under this section is eligible to receive funds 
                        for other purposes under a grant from the State 
                        or States within the boundaries of which any 
                        part of such tribe is located, consistent with 
                        the homeland security plan of the State, as 
                        described in subsection (e).
                    ``(E) Rule of construction.--Nothing in this 
                section shall be construed to affect the existing 
                authority of an Indian tribe that receives funds under 
                this section.
            ``(3) Threat-based distribution to states.--
                    ``(A) In general.--After the distribution of funds 
                under paragraphs (1) and (2), the Secretary shall, from 
                the remaining funds for the Threat-Based Homeland 
                Security Grant Program, distribute amounts to each 
                State to assist that State in achieving essential 
                capabilities to effectively prevent, prepare for, and 
                respond to acts of terrorism and other catastrophic 
                events.
                    ``(B) Prioritization.--In prioritizing among State 
                applications for such funds, the Secretary shall--
                            ``(i) consider the relative threat, 
                        vulnerability, and consequences faced by a 
                        State from a terrorist attack, including 
                        consideration of--
                                    ``(I) whether there has been a 
                                prior terrorist attack in a 
                                metropolitan region that is wholly or 
                                partly in the State, or in the State 
                                itself;
                                    ``(II) whether any part of the 
                                State has ever had a higher threat 
                                level under the Homeland Security 
                                Advisory System than the threat level 
                                for the United States as a whole;
                                    ``(III) the percent of a State's 
                                population residing in metropolitan 
                                statistical areas, as defined by the 
                                Office of Management and Budget;
                                    ``(IV) the degree of threat, 
                                vulnerability, and consequence related 
                                to critical infrastructure or key 
                                assets identified by the Secretary or 
                                State homeland security plan;
                                    ``(V) whether the State has an 
                                international border;
                                    ``(VI) whether the State has a 
                                coastline bordering ocean or 
                                international waters;
                                    ``(VII) threats, vulnerabilities, 
                                and consequences faced by a State 
                                related to at-risk sites or activities 
                                in adjacent States, including the need 
                                to respond to terrorist attacks arising 
                                in adjacent States;
                                    ``(VIII) the extent to which the 
                                State has unmet essential capabilities; 
                                and
                                    ``(IX) such other factors as are 
                                specified in writing by the Secretary; 
                                and
                            ``(ii) balance the goal of ensuring that 
                        the essential capabilities of the highest-risk 
                        areas are achieved quickly and the goal of 
                        ensuring that basic levels of preparedness, as 
                        measured by the attainment of essential 
                        capabilities, are achieved nationwide.
                    ``(C) Multi-state partnerships.--
                            ``(i) In general.--Instead of, or in 
                        addition to, any application for funds under 
                        subparagraph (A), 2 or more States may submit 
                        applications under this paragraph for multi-
                        State efforts to prevent, prepare for, or 
                        respond to acts of terrorism or other 
                        catastrophic events.
                            ``(ii) Grantees.--Multi-State grants may be 
                        awarded to either--
                                    ``(I) an individual State acting on 
                                behalf of a consortium or partnership 
                                of States with the consent of all 
                                member States; or
                                    ``(II) a group of States applying 
                                as a consortium or partnership.
                            ``(iii) Administration of grant.--If a 
                        group of States apply as a consortium or 
                        partnership such States shall submit to the 
                        Secretary at the time of application a plan 
                        describing--
                                    ``(I) the division of 
                                responsibilities for administering the 
                                grant; and
                                    ``(II) the distribution of funding 
                                among the various States and entities 
                                that are party to the application.
            ``(4) Funding for local governments and first responders.--
                    ``(A) In general.--The Secretary shall require 
                recipients of the sliding scale baseline distribution 
                and the threat-based distribution to States to make 
                available to local governments and emergency response 
                providers, consistent with the applicable State 
                homeland security plan, not less than 80 percent of the 
                grant funds, the resources purchased with such grant 
                funds, or a combination thereof, not later than 60 days 
                after receiving grant funding.
                    ``(B) Indian tribes.--States shall be responsible 
                for allocating Federal resources to tribal communities 
                in order to help those tribal communities achieve 
                essential capabilities. Indian tribes shall be eligible 
                for funding directly from the States, and shall not be 
                required to seek funding from any local government.
                    ``(C) Exception.--Subparagraph (A) shall not apply 
                to the District of Columbia, the Commonwealth of Puerto 
                Rico, American Samoa, the Commonwealth of the Northern 
                Mariana Islands, Guam, and the Virgin Islands.
            ``(5) Supplement not supplant.--Amounts appropriated for 
        grants under this subsection shall be used to supplement and 
        not supplant other State and local government public funds 
        obligated for the purposes provided under this title.
            ``(6) Law enforcement terrorism prevention program.--
                    ``(A) In general.--The Secretary shall designate 25 
                percent of the amounts appropriated for the Threat-
                Based Homeland Security Grant Program to be used for 
                the Law Enforcement Terrorism Prevention Program under 
                section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714) to 
                provide grants to law enforcement agencies to enhance 
                capabilities for terrorism prevention.
                    ``(B) Use of funds.--Notwithstanding subsection 
                (b), grants awarded under this paragraph may be used 
                for--
                            ``(i) information sharing to preempt 
                        terrorist attacks;
                            ``(ii) target hardening to reduce the 
                        vulnerability of selected high value targets;
                            ``(iii) threat recognition to recognize the 
                        potential or development of a threat;
                            ``(iv) intervention activities to interdict 
                        terrorists before they can execute a threat;
                            ``(v) interoperable communication systems;
                            ``(vi) overtime expenses related to the 
                        homeland security plan approved by the 
                        Secretary, including overtime costs associated 
                        with providing enhanced law enforcement 
                        operations in support of Federal agencies for 
                        increased border security and border crossing 
                        enforcement; and
                            ``(vii) any other terrorism prevention 
                        activity authorized by the Secretary.
    ``(g) Report on Homeland Security Spending.--Each recipient of a 
grant under this section shall annually submit a report to the 
Secretary that contains--
            ``(1) an accounting of the amount of State and local 
        government funds spent on homeland security activities under 
        the applicable State homeland security plan;
            ``(2) information regarding the use of grant funds by the 
        State and by units of local government as required by the 
        Secretary; and
            ``(3) progress of the recipient and subgrantees in 
        achieving essential capabilities.
    ``(h) Accountability.--
            ``(1) Government accountability office access to 
        information.--Each recipient of a grant under this section and 
        the Department shall provide the Government Accountability 
        Office with full access to information regarding the activities 
        carried out under this section.
            ``(2) Audit.--Grant recipients that expend $500,000 or more 
        in Federal funds during any fiscal year shall submit to the 
        Secretary an organization wide financial and compliance audit 
        report in conformance with the requirements of chapter 75 of 
        title 31, United States Code.
    ``(i) Remedies for Non-Compliance.--
            ``(1) In general.--If the Secretary finds, after reasonable 
        notice and an opportunity for a hearing, that a recipient of a 
        grant under this section has failed to substantially comply 
        with any provision of this section, or with any regulations or 
        guidelines of the Department regarding eligible expenditures, 
        the Secretary shall--
                    ``(A) terminate any payment of grant funds to be 
                made to the recipient under this section;
                    ``(B) reduce the amount of payment of grant funds 
                to the recipient by an amount equal to the amount of 
                grants funds that were not expended by the recipient in 
                accordance with this section; or
                    ``(C) limit the use of grant funds received under 
                this section to programs, projects, or activities not 
                affected by the failure to comply.
            ``(2) Duration of penalty.--The Secretary shall apply an 
        appropriate penalty under paragraph (1) until such time as the 
        Secretary determines that the grant recipient is in full 
        compliance with this section or with applicable guidelines or 
        regulations of the Department.
            ``(3) Direct funding.--If a State fails to substantially 
        comply with any provision of this section or with applicable 
        guidelines or regulations of the Department, including failing 
        to provide local governments with grant funds or resources 
        purchased with grant funds in a timely fashion, a local 
        government entitled to receive such grant funds or resources 
        may petition the Secretary, at such time and in such manner as 
        determined by the Secretary, to request that grant funds or 
        resources be provided directly to the local government.
    ``(j) Reports to Congress.--The Secretary shall submit an annual 
report to Congress that provides--
            ``(1) the status of preparedness goals and objectives;
            ``(2) an evaluation of how States and local governments are 
        making progress in achieving essential capabilities;
            ``(3) the total amount of resources provided to the States;
            ``(4) the total amount of resources provided to local 
        governments and metropolitan regions; and
            ``(5) an accounting of how these resources were expended.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $2,925,000,000 for fiscal year 2006;
            ``(2) $2,925,000,000 for fiscal year 2007; and
            ``(3) such sums as are necessary for each fiscal year 
        thereafter.

``SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND ABUSE.

    ``(a) Annual Government Accountability Office Audit and Report.--
            ``(1) Audit.--The Comptroller General of the United States 
        shall conduct an annual audit of the Threat-Based Homeland 
        Security Grant Program.
            ``(2) Report.--The Comptroller General of the United States 
        shall provide a report to Congress on the results of the audit 
        conducted under paragraph (1), which includes--
                    ``(A) an analysis of whether the grant recipients 
                allocated funding consistent with the State homeland 
                security plan and the guidelines established by the 
                Department; and
                    ``(B) the amount of funding devoted to overtime and 
                administrative expenses.
    ``(b) Reviews of Threat-Based Homeland Security Funding.--The 
Secretary shall conduct periodic reviews of grants made through the 
Threat Based Homeland Security Grant Program to ensure that recipients 
allocate funds consistent with the guidelines established by the 
Department.

``SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.

    ``(a) Reallocation of Funds.--The Director of the Office for 
Domestic Preparedness shall allow any State to request approval to 
reallocate funds received pursuant to appropriations for the State 
Homeland Security Grant Program under Public Laws 105-277 (112 Stat. 
2681 et seq.), 106-113 (113 Stat. 1501A-3 et seq.), 106-553 (114 Stat. 
2762A-3 et seq.), 107-77 (115 Stat. 78 et seq.), or the Consolidated 
Appropriations Resolution of 2003 (Public Law 108-7), among the 4 
categories of equipment, training, exercises, and planning.
    ``(b) Approval of Reallocation Requests.--The Director shall 
approve reallocation requests under subsection (a) in accordance with 
the State homeland security plan and any other relevant factors that 
the Secretary determines to be necessary.
    ``(c) Limitation.--A waiver under this section shall not affect the 
obligation of a State to make available 80 percent of the amount 
appropriated for equipment to units of local government.

``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology (including a representative of the 
        United States Fire Administration) and the Executive Director 
        of the Office for State and Local Government Coordination and 
        Preparedness, shall support the development of, promulgate, and 
        update as necessary national voluntary consensus standards for 
        the performance, use, and validation of first responder 
        equipment for purposes of section 1804(c).
            ``(2) Standards.--Standards under this subsection shall--
                    ``(A) be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) take into account, as appropriate, new types 
                of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed;
                    ``(C) be focused on maximizing interoperability, 
                interchangeability, durability, flexibility, 
                efficiency, efficacy, portability, sustainability, and 
                safety; and
                    ``(D) cover all appropriate uses of the equipment.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology (including a representative of the 
        United States Fire Administration) and the Director of the 
        Office for Domestic Preparedness, shall support the development 
        of, promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training that 
        will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the American National Standards Institute;
            ``(4) the National Institute of Justice;
            ``(5) the National Institute for Occupational Safety and 
        Health; and
            ``(6) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination With Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.

``SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL SOLID 
              WASTE TRANSPORTED INTO THE UNITED STATES.

    ``(a) Definition.--In this section, the term `municipal solid 
waste' includes sludge (as defined in section 1004 of the Solid Waste 
Disposal Act (42 U.S.C. 6903)).
    ``(b) Reports to Congress.--Not later than 90 days after the date 
of enactment of this section, the Bureau of Customs and Border 
Protection shall submit a report to Congress that--
            ``(1) indicates whether the methodologies and technologies 
        used by the Bureau to screen for and detect the presence of 
        chemical, nuclear, biological, and radiological weapons in 
        municipal solid waste are as effective as the methodologies and 
        technologies used by the Bureau to screen for such materials in 
        other items of commerce entering into the United States by 
        commercial motor vehicle transport; and
            ``(2) if the methodologies and technologies used to screen 
        solid waste are less effective than those used to screen other 
        commercial items, identifies the actions that the Bureau will 
        take to achieve the same level of effectiveness in the 
        screening of solid waste, including the need for additional 
        screening technologies.
    ``(c) Impact on Commercial Motor Vehicles.--If the Bureau of 
Customs and Border Protection fails to fully implement the actions 
described in subsection (b)(2) before the earlier of 6 months after the 
date on which the report is due under subsection (b) or 6 months after 
the date on which such report is submitted, the Secretary shall deny 
entry into the United States of any commercial motor vehicle (as 
defined in section 31101(1) of title 49, United States Code) carrying 
municipal solid waste until the Secretary certifies to Congress that 
the methodologies and technologies used by the Bureau to screen for and 
detect the presence of chemical, nuclear, biological, and radiological 
weapons in such waste are as effective as the methodologies and 
technologies used by the Bureau to screen for such materials in other 
items of commerce entering into the United States by commercial motor 
vehicle transport.''.
    (b) Threat-Based Homeland Security Grant Program.--
            (1) Fiscal year 2006 administration.--Notwithstanding any 
        provision of title III of this Act, section 1804 of the 
        Homeland Security Act of 2002 (as added by this section) shall 
        apply in the administration of the Threat-Based Homeland 
        Security Grant Program established under section 1804 of that 
        Act.
            (2) Funding.--All funds appropriated under paragraphs (1) 
        and (2) under the subheading ``state and local programs'' under 
        the heading ``Office of State and Local Government Coordination 
        and Preparedness'' under title III of this Act are appropriated 
        for the Threat-Based Homeland Security Grant Program 
        established under section 1804 of the Homeland Security Act of 
        2002 (as added by this section).
    (c) Fire Services.--Section 2(6) of the Homeland Security Act of 
2002 (6 U.S.C. 101(6)) is amended by inserting ``(including fire 
services)'' after ``local emergency public safety''.
    (d) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
is amended by adding at 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.''.
    Sec. 605. Communication System Grants. (a) In General.--
            (1) Establishment.--There is established in the Department 
        of Homeland Security an International Border Community 
        Interoperable Communications Demonstration Project (referred to 
        in this section as ``demonstration projects'').
            (2) Minimum number of communities.--The Secretary of 
        Homeland Security shall select no fewer than 6 communities to 
        participate in a demonstration project.
            (3) Location of communities.--No fewer than 3 of the 
        communities selected under paragraph (2) shall be located on 
        the northern border of the United States and no fewer than 3 of 
        the communities selected under paragraph (2) shall be located 
        on the southern border of the United States.
    (b) Program Requirements.--The demonstration projects shall--
            (1) address the interoperable communications needs of 
        police officers, firefighters, emergency medical technicians, 
        National Guard, and other emergency response providers, as 
        defined in the Homeland Security Act of 2002;
            (2) foster interoperable communications--
                    (A) among Federal, State, local, and tribal 
                government agencies in the United States involved in 
                preventing or responding to terrorist attacks or other 
                catastrophic events; and
                    (B) with similar agencies in Canada or Mexico;
            (3) identify common international cross-border frequencies 
        for communications equipment, including radio or computer 
        messaging equipment;
            (4) foster the standardization of interoperable 
        communications equipment;
            (5) identify solutions that will facilitate communications 
        interoperability across national borders expeditiously;
            (6) ensure that emergency response providers can 
        communicate with one another and the public at disaster sites 
        or in the event of a terrorist attack or other catastrophic 
        event;
            (7) provide training and equipment to enable emergency 
        response providers to deal with threats and contingencies in a 
        variety of environments; and
            (8) identify and secure appropriate joint-use equipment to 
        ensure communications access.
    (c) Distribution of Funds.--
            (1) In general.--The Secretary of Homeland Security shall 
        distribute funds under this section to each community 
        participating in a demonstration project under this section 
        through the State or States in which each community is located.
            (2) Other participants .--A State receiving funds under 
        this section shall make the funds available to the local 
        governments and emergency response providers participating in a 
        demonstration project selected by the Secretary of Homeland 
        Security not later than 60 days after receiving funds.
    (d) Reporting.--Not later than December 31, 2005, and each year 
thereafter in which funds are appropriated for a demonstration project, 
the Secretary of Homeland Security shall provide to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives a report 
on the demonstration projects under this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary in each of fiscal years 2006, 
2007, and 2008 to carry out this section.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2006''.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 2360

_______________________________________________________________________

                               AMENDMENT
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