H. R. 5441—34
assistance activities under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act except in accordance with section 
307 of such Act (42 U.S.C. 5150). 
SEC. 548. None of the funds made available in the Act may 
be used to reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics, 
LLC (or both) for attorneys fees related to pending litigation against 
Local 30 of the International Union of Operating Engineers. 
SEC. 549. Notwithstanding any other provision of law, the 
acquisition management system of the Transportation Security 
Administration shall be subject to the provisions of the Small Busi-
ness Act (15 U.S.C. 631 et seq.). 
SEC. 550. (a) No later than six months after the date of enact-
ment of this Act, the Secretary of Homeland Security shall issue 
interim final regulations establishing risk-based performance stand-
ards for security of chemical facilities and requiring vulnerability 
assessments and the development and implementation of site secu-
rity plans for chemical facilities: Provided, That such regulations 
shall apply to chemical facilities that, in the discretion of the 
Secretary, present high levels of security risk: Provided further, 
That such regulations shall permit each such facility, in developing 
and implementing site security plans, to select layered security 
measures that, in combination, appropriately address the vulner-
ability assessment and the risk-based performance standards for 
security for the facility: Provided further, That the Secretary may 
not disapprove a site security plan submitted under this section 
based on the presence or absence of a particular security measure, 
but the Secretary may disapprove a site security plan if the plan 
fails to satisfy the risk-based performance standards established 
by this section: Provided further, That the Secretary may approve 
alternative security programs established by private sector entities, 
Federal, State, or local authorities, or other applicable laws if 
the Secretary determines that the requirements of such programs 
meet the requirements of this section and the interim regulations: 
Provided further, That the Secretary shall review and approve 
each vulnerability assessment and site security plan required under 
this section: Provided further, That the Secretary shall not apply 
regulations issued pursuant to this section to facilities regulated 
pursuant to the Maritime Transportation Security Act of 2002, 
Public Law 107–295, as amended; Public Water Systems, as defined 
by section 1401 of the Safe Drinking Water Act, Public Law 93–
523, as amended; Treatment Works as defined in section 212 of 
the Federal Water Pollution Control Act, Public Law 92–500, as 
amended; any facility owned or operated by the Department of 
Defense or the Department of Energy, or any facility subject to 
regulation by the Nuclear Regulatory Commission. 
(b) Interim regulations issued under this section shall apply 
until the effective date of interim or final regulations promulgated 
under other laws that establish requirements and standards 
referred to in subsection (a) and expressly supersede this section: 
Provided, That the authority provided by this section shall termi-
nate three years after the date of enactment of this Act. 
(c) Notwithstanding any other provision of law and subsection 
(b), information developed under this section, including vulner-
ability assessments, site security plans, and other security related 
information, records, and documents shall be given protections from 
public disclosure consistent with similar information developed by 
chemical facilities subject to regulation under section 70103 of title
H. R. 5441—35
46, United States Code: Provided, That this subsection does not 
prohibit the sharing of such information, as the Secretary deems 
appropriate, with State and local government officials possessing 
the necessary security clearances, including law enforcement offi-
cials and first responders, for the purpose of carrying out this 
section, provided that such information may not be disclosed pursu-
ant to any State or local law: Provided further, That in any pro-
ceeding to enforce this section, vulnerability assessments, site secu-
rity plans, and other information submitted to or obtained by the 
Secretary under this section, and related vulnerability or security 
information, shall be treated as if the information were classified 
material. 
(d) Any person who violates an order issued under this section 
shall be liable for a civil penalty under section 70119(a) of title 
46, United States Code: Provided, That nothing in this section 
confers upon any person except the Secretary a right of action 
against an owner or operator of a chemical facility to enforce any 
provision of this section. 
(e) The Secretary of Homeland Security shall audit and inspect 
chemical facilities for the purposes of determining compliance with 
the regulations issued pursuant to this section. 
(f) Nothing in this section shall be construed to supersede, 
amend, alter, or affect any Federal law that regulates the manufac-
ture, distribution in commerce, use, sale, other treatment, or dis-
posal of chemical substances or mixtures. 
(g) If the Secretary determines that a chemical facility is not 
in compliance with this section, the Secretary shall provide the 
owner or operator with written notification (including a clear expla-
nation of deficiencies in the vulnerability assessment and site secu-
rity plan) and opportunity for consultation, and issue an order 
to comply by such date as the Secretary determines to be appro-
priate under the circumstances: Provided, That if the owner or 
operator continues to be in noncompliance, the Secretary may issue 
an order for the facility to cease operation, until the owner or 
operator complies with the order. 
SEC. 551. (a) CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.—
Chapter 27 of title 18, United States Code, is amended by adding 
at the end the following: 
‘‘§ 554. Border tunnels and passages 
‘‘(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another 
country, other than a lawfully authorized tunnel or passage known 
to the Secretary of Homeland Security and subject to inspection 
by Immigration and Customs Enforcement, shall be fined under 
this title and imprisoned for not more than 20 years. 
‘‘(b) Any person who knows or recklessly disregards the 
construction or use of a tunnel or passage described in subsection 
(a) on land that the person owns or controls shall be fined under 
this title and imprisoned for not more than 10 years. 
‘‘(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation 
of section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organiza-
tion (as defined in section 2339B(g)(6)) shall be subject to a max-
imum term of imprisonment that is twice the maximum term of
H. R. 5441—36
imprisonment that would have otherwise been applicable had the 
unlawful activity not made use of such a tunnel or passage.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
27 of title 18, United States Code, is amended by adding at the 
end the following:
‘‘Sec. 554. Border tunnels and passages.’’.
(c) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ‘‘554,’’ before ‘‘1425,’’. 
(d) DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS-
SION.— 
(1) IN GENERAL.—Pursuant to its authority under section 
994 of title 28, United States Code, and in accordance with 
this subsection, the United States Sentencing Commission shall 
promulgate or amend sentencing guidelines to provide for 
increased penalties for persons convicted of offenses described 
in section 554 of title 18, United States Code, as added by 
subsection (a). 
(2) REQUIREMENTS.—In carrying out this subsection, the 
United States Sentencing Commission shall— 
(A) ensure that the sentencing guidelines, policy state-
ments, and official commentary reflect the serious nature 
of the offenses described in section 554 of title 18, United 
States Code, and the need for aggressive and appropriate 
law enforcement action to prevent such offenses; 
(B) provide adequate base offense levels for offenses 
under such section; 
(C) account for any aggravating or mitigating cir-
cumstances that might justify exceptions, including— 
(i) the use of a tunnel or passage described in 
subsection (a) of such section to facilitate other felonies; 
and 
(ii) the circumstances for which the sentencing 
guidelines currently provide applicable sentencing 
enhancements; 
(D) ensure reasonable consistency with other relevant 
directives, other sentencing guidelines, and statutes; 
(E) make any necessary and conforming changes to 
the sentencing guidelines and policy statements; and 
(F) ensure that the sentencing guidelines adequately 
meet the purposes of sentencing set forth in section 
3553(a)(2) of title 18, United States Code. 
SEC. 552. The Secretary of Homeland Security may not take 
any action to alter or reduce operations within the Civil Engineering 
Program of the Coast Guard nationwide, including the civil 
engineering units, facilities, design and construction centers, the 
Coast Guard Academy, and the Coast Guard Research and Develop-
ment Center until the Committees on Appropriations of the Senate 
and the House of Representatives receive and approve a plan on 
changes to the Civil Engineering Program of the Coast Guard: 
Provided, That the plan shall include a description of the current 
functions of the Civil Engineering Program and a description of 
any proposed modifications of such functions and of any proposed 
modification of personnel and offices, including the rationale for 
such modification; an assessment of the costs and benefits of such 
modification; any proposed alternatives to such modification; and
H. R. 5441—37
the processes utilized by the Coast Guard and the Office of Manage-
ment and Budget to analyze and assess such modification. 
SEC. 553. None of the funds made available by this Act may 
be used to take an action that would violate Executive Order 
No. 13149 (65 Fed. Reg. 24607; relating to greening the government 
through Federal fleet and transportation efficiency). 
SEC. 554. (a) The Transportation Security Administration shall 
require each air carrier and foreign air carrier that provides air 
transportation or intrastate air transportation to submit plans to 
the Transportation Security Administration on how such air carrier 
will participate in the voluntary provision of emergency services 
program established by section 44944(a) of title 49, United States 
Code. 
(b)(1) Not more than 90 days after the date of the enactment 
of this Act, the Transportation Security Administration shall pre-
pare a report that contains the following: 
(A) Procedures that qualified individuals need to follow 
in order to participate in the program described in subsection 
(a). 
(B) Relevant contacts for individuals interested in partici-
pating in the program described in subsection (a). 
(2) The Transportation Security Administration shall make the 
report required by paragraph (1) available, by Internet web site 
or other appropriate method, to the following: 
(A) The Congress. 
(B) The emergency response agency of each State. 
(C) The relevant organizations representing individuals to 
participate in the program. 
SEC. 555. Not later than 90 days after the date of enactment 
of this Act, the Director of the Federal Emergency Management 
Agency in conjunction with the Director of the National Institute 
of Standards and Technology shall submit a report to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives outlining Federal earthquake response plans for high-risk 
earthquake regions in the United States as determined by the 
United States Geological Survey. 
SEC. 556. Not later than six months after the date of enactment 
of this Act, the Secretary of Homeland Security shall establish 
revised procedures for expeditiously clearing individuals whose 
names have been mistakenly placed on a terrorist database list 
or who have names identical or similar to individuals on a terrorist 
database list. The Secretary shall advise Congress of the procedures 
established. 
SEC. 557. Title VII of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5201) is amended by 
adding at the end the following: 
‘‘SEC. 706. FIREARMS POLICIES. 
‘‘(a) PROHIBITION ON CONFISCATION OF FIREARMS.—No officer 
or employee of the United States (including any member of the 
uniformed services), or person operating pursuant to or under color 
of Federal law, or receiving Federal funds, or under control of 
any Federal official, or providing services to such an officer, 
employee, or other person, while acting in support of relief from 
a major disaster or emergency, may—
‘‘(1) temporarily or permanently seize, or authorize seizure 
of, any firearm the possession of which is not prohibited under