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(b) Notwithstanding (a) of this section, the Director
of the United States Secret Service may enter into a fully
reimbursable agreement to perform such service for
protectees not designated under 3056(a) of title 18, United
States Code.
SEC. 518. The Secretary of Homeland Security, in
consultation with industry stakeholders, shall develop
standards and protocols for increasing the use of explosive
detection equipment to screen air cargo when appropriate.
SEC. 519. (a) The Secretary of Homeland Security is
directed to research, develop, and procure new technologies
to inspect and screen air cargo carried on passenger air-
craft at the earliest date possible.
(b) Existing checked baggage explosive detection equip-
ment and screeners shall be utilized to screen air cargo car-
ried on passenger aircraft to the greatest extent practicable
at each airport until technologies developed under sub-
section (a) are available.
(c) The Transportation Security Administration shall
report air cargo inspection statistics within 15 days of the
close of each quarter of the fiscal year to the Committees
on Appropriations of the Senate and the House of Rep-
resentatives, by airport and air carrier, including any rea-
sons for non-compliance with the second proviso of section
513 of the Department of Homeland Security Appropria-
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tions Act, 2005 (Public Law 108–334; 118 Stat. 1317),
within 45 days after the end of the quarter.
SEC. 520. (a) None of the funds available for obligation
for the transportation worker identification credential pro-
gram shall be used to develop a personalization system that
is executed without fair and open competition for both the
implementation and production of the program and identi-
fication cards.
(b) The Transportation Security Administration shall
certify to the Committees on Appropriations of the Senate
and the House of Representatives not later than December
1, 2006, that the competition required under subsection (a)
has been achieved.
SEC. 521. None of the funds made available in this
Act may be used by any person other than the privacy offi-
cer appointed under section 222 of the Homeland Security
Act of 2002 (6 U.S.C. 142) to alter, direct that changes be
made to, delay, or prohibit the transmission to Congress
of any report prepared under paragraph (5) of such section.
SEC. 522. No funding provided by this or previous ap-
propriation Acts shall be available to pay the salary of any
employee serving as a contracting officer’s technical rep-
resentative (COTR) or anyone acting in a similar or like
capacity who has not received COTR training.
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SEC. 523. Except as provided in section 44945 of title
49, United States Code, funds appropriated or transferred
to Transportation Security Administration ‘‘Aviation Se-
curity’’, ‘‘Administration’’ and ‘‘Transportation Security
Support’’ in fiscal years 2004, 2005, and 2006 that are re-
covered or deobligated shall be available only for procure-
ment and installation of explosive detection systems for air
cargo, baggage, and checkpoint screening systems, subject
to section 503 of this Act.
SEC. 524. (a) Within 60 days of enactment of this Act,
the Secretary of the Department of Homeland Security shall
revise DHS MD (Management Directive) 11056 to provide
for the following:
(1) That when a lawful request is made to pub-
licly release a document containing information des-
ignated as sensitive security information (SSI), the
document shall be reviewed in a timely manner to de-
termine whether any information contained in the
document meets the criteria for continued SSI protec-
tion under applicable law and regulation and shall
further provide that all portions that no longer re-
quire SSI designation be released, subject to applica-
ble law, including sections 552 and 552a of title 5,
United States Code.
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(2) That sensitive security information that is
four years old shall be subject to release upon request
unless—
(A) the Secretary or his designee makes a
written determination that identifies a rational
basis why the information must remain SSI;
(B) the information is covered by a current
sensitive security information application guide
approved by the Secretary or his designee in
writing; or
(C) such information is otherwise exempt
from disclosure under applicable law:
Provided, That any determination made by the Secretary
under clause (a)(2)(A) shall be provided to the party mak-
ing a request to release such information and to the Com-
mittees on Appropriations of the Senate and House of Rep-
resentatives as part of the annual reporting requirement
pursuant to section 537 of the Department of Homeland
Security Appropriations Act, 2006 (Public Law 109–90;
119 Stat. 2088).
(3) Common and extensive examples of the indi-
vidual categories of SSI information cited under 49
CFR 1520(b)(1) through (16) in order to minimize
and standardize judgment by covered persons in the
application of SSI marking.
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(b) Not later than 120 days after the date of enactment
of this Act, the Secretary of Homeland Security shall report
to the Committees on Appropriations of the Senate and the
House of Representatives on the progress that the Depart-
ment has made in implementing the remaining require-
ments of section 537 of the Department of Homeland Secu-
rity Appropriations Act, 2006 (Public Law 109–90; 119
Stat. 2088), including information on the current proce-
dures regarding access to SSI by civil litigants and the se-
curity risks and benefits of any proposed changes to these
procedures.
SEC. 525. RESCISSION. From the unobligated balances
from prior year appropriations made available for Trans-
portation Security Administration ‘‘Aviation Security’’
and ‘‘Headquarters Administration’’, $4,776,000 are re-
scinded.
SEC. 526. The Department of Homeland Security
Working Capital Fund, established under section 403 of the
Government Management Reform Act of 1994 (31 U.S.C.
501 note; Public Law 103–356), shall continue operations
during fiscal year 2007.
SEC. 527. RESCISSION. Of the unobligated balances
from prior year appropriations made available for the
‘‘Counterterrorism Fund’’, $16,000,000 are rescinded.
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SEC. 528. RESCISSION. From the unobligated balances
from prior year appropriations made available for Trans-
portation Security Administration ‘‘Aviation Security’’,
$61,936,000 are rescinded.
SEC. 529. None of the funds made available in this
Act may be used to enforce section 4025(1) of Public Law
108–458 if the Assistant Secretary (Transportation Secu-
rity Administration) determines that butane lighters are
not a significant threat to civil aviation security: Provided,
That the Assistant Secretary (Transportation Security Ad-
ministration) shall notify the Committees on Appropria-
tions of the Senate and the House of Representatives 15
days in advance of such determination including a report
on whether the effectiveness of screening operations is en-
hanced by suspending enforcement of the prohibition.
SEC. 530. RESCISSIONS. Of the unobligated balances
from prior year appropriations made available for Science
and Technology, $55,000,000 for ‘‘Management and Admin-
istration’’ and $184,000,000 from ‘‘Research, Development,
Acquisition, and Operations’’ are rescinded: Provided, That
of the total amount rescinded from ‘‘Management and Ad-
ministration’’, $30,000,000 shall be from the contingency
fund and $25,000,000 shall be from the Homeland Security
Institute.
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SEC. 531. Notwithstanding any other provision of law,
the Secretary of Homeland Security shall consider the Han-
cock County Port and Harbor Commission in Mississippi
eligible under the Federal Emergency Management Agency
Public Assistance Program for all costs incurred for dredg-
ing from navigation channel in Little Lake, Louisiana,
sediment deposited as a result of Hurricane George in 1998:
Provided, That the appropriate Federal share shall apply
to approval of this project.
SEC. 532. The Department of Homeland Security
shall, in approving standards for State and local emergency
preparedness operational plans under section 613(b)(3) of
the Robert T. Stafford Disaster and Emergency Assistance
Act (42 U.S.C. 5196b(b)(3)), account for the needs of indi-
viduals with household pets and service animals before, dur-
ing, and following a major disaster or emergency: Provided,
That Federal agencies may provide assistance as described
in section 403(a) of the Robert T. Stafford Disaster and
Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry
out the plans described in the previous proviso.
SEC. 533. RESCISSION. From the unexpended balances
of the United States Coast Guard ‘‘Acquisition, Construc-
tion, and Improvements’’ account specifically identified in
the Joint Explanatory Statement (House Report 109–241)
accompanying the Department of Homeland Security Act,
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2006 (Public Law 109–90) for the development of the Off-
shore Patrol Cutter, $20,000,000 are rescinded.
SEC. 534. TRANSFER. All obligated and unobligated
balances of funds, totaling not less than $98,552,000, for
the Transportation Security Laboratory shall be transferred
from the Science and Technology ‘‘Research, Development,
Acquisition, and Operations’’ account to the Transpor-
tation Security Administration ‘‘Transportation Security
Support’’ account effective October 1, 2006.
SEC. 535. (a)(1) Within 45 days after the close of each
month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on Ap-
propriations of the Senate and the House of Representatives
a monthly budget execution report that sets forth the total
obligational authority appropriated (new budget authority
plus unobligated carryover), undistributed obligational au-
thority, amount allotted, current year obligations, unobli-
gated authority (the difference between total obligational
authority and current year obligations), beginning unex-
pended obligations, year-to-date costs, and year-end unex-
pended obligations, of the Department of Homeland Secu-
rity.
(2) The information required under paragraph (1)
shall be provided for each Departmental component and the
Working Capital Fund at the level of detail shown in the
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table of detailed funding recommendations displayed at the
end of the Statement of Managers accompanying the con-
ference report on this Act.
(3) Each report submitted under paragraph (1) shall
include for each Department of Homeland Security compo-
nent the total full-time equivalent for the prior fiscal year,
the on-board total full-time equivalent on September 30 of
the prior fiscal year, the estimated total full-time equivalent
for the current fiscal year, and the on-board total full-time
equivalent on the last day of the month for the applicable
report.
(b) Obligation authority and transfer authority pro-
vided under section 503 and 504 of this Act shall not be
available unless on the date of a notification under section
503 and 504, the Committees on Appropriations of the Sen-
ate and House of Representatives have received the most re-
cent report required by subsection (a) of this section.
SEC. 536. None of the funds provided by this or pre-
vious appropriations Acts or transferred to the Department
of Homeland Security that remain available for obligation
or expenditure in fiscal year 2007, 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 the
Office of the Federal Coordinator for Gulf Coast Rebuilding
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effective October 1, 2006, unless the Committees on Appro-
priations of the Senate and the House of Representatives
receive a reprogramming notification for fiscal year 2006
pursuant to section 503 of Public Law 109–90 and a budget
request and expenditure plan for fiscal year 2007 for this
office.
SEC. 537. The Federal Law Enforcement Training
Center instructor staff shall be classified as inherently gov-
ernmental for the purpose of the Federal Activities Inven-
tory Reform Act of 1998 (31 U.S.C. 501 note).
SEC. 538. Section 7209(b)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108–
458; 8 U.S.C. 1185 note) is amended by striking from ‘‘(1)
DEVELOPMENT
OF
PLAN.—The 
Secretary’’ 
through
‘‘7208(k)).’’ and inserting the following:
‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTA-
TION.—
‘‘(A) The Secretary of Homeland Security,
in consultation with the Secretary of State, shall
develop and implement a plan as expeditiously
as possible to require a passport or other docu-
ment, or combination of documents, deemed by
the Secretary of Homeland Security to be suffi-
cient to denote identity and citizenship, for all
travel into the United States by United States
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citizens and by categories of individuals for
whom documentation requirements have pre-
viously been waived under section 212(d)(4)(B)
of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)). This plan shall be imple-
mented not later than 3 months after the Sec-
retary of State and the Secretary of Homeland
Security make the certifications required in sub-
section (B), or June 1, 2009, whichever is ear-
lier. The plan shall seek to expedite the travel of
frequent travelers, including those who reside in
border communities, and in doing so, shall make
readily available a registered traveler program
(as described in section 7208(k)).
‘‘(B) The Secretary of Homeland Security
and the Secretary of State shall jointly certify to
the Committees on Appropriations of the Senate
and the House of Representatives that the fol-
lowing criteria have been met prior to implemen-
tation of Section 7209(b)(1)(A)—
‘‘(i) the National Institutes of Stand-
ards and Technology has certified that the
card architecture meets the International
Organization 
for 
Standardization 
ISO
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14443 security standards, or justifies a de-
viation from such standard;
‘‘(ii) the technology to be used by the
United States for the passport card, and
any subsequent change to that technology,
has been shared with the governments of
Canada and Mexico;
‘‘(iii) an agreement has been reached
with the United States Postal Service on the
fee to be charged individuals for the pass-
port card, and a detailed justification has
been submitted to the Committees on Appro-
priations of the Senate and the House of
Representatives;
‘‘(iv) an alternative procedure has been
developed for groups of children traveling
across an international border under adult
supervision with parental consent;
‘‘(v) the necessary technological infra-
structure to process the passport cards has
been installed, and all employees at ports of
entry have been properly trained in the use
of the new technology;
‘‘(vi) the passport card has been made
available for the purpose of international
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travel by United States citizens through
land and sea ports of entry between the
United States and Canada, Mexico, the
Caribbean and Bermuda; and
‘‘(vii) a single implementation date for
sea and land borders has been established.’’.
SEC. 539. Notwithstanding any time limitation estab-
lished for a grant awarded under title I, chapter 6, Public
Law 106–31, in the item relating to Federal Emergency
Management Agency—Disaster Assistance for Unmet
Needs, the City of Cuero, Texas, may use funds received
under such grant program until September 30, 2007.
SEC. 540. None of the funds made available in this
Act for United States Customs and Border Protection may
be used to prevent an individual not in the business of im-
porting a prescription drug (within the meaning of section
801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies
with the Food, Drug, and Cosmetic Act.
SEC. 541. The Secretary of Homeland Security shall
submit a report to the Committees on Appropriations of the
Senate and the House of Representatives, not later than
February 8, 2007, that—
(1) identifies activities being carried out by the
Department of Homeland Security to improve—
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(A) the targeting of agricultural inspections;
(B) the ability of United States Customs
and Border Protection to adjust to new agricul-
tural threats; and
(C) the in-service training for interception
of prohibited plant and animal products and ag-
ricultural pests under the agriculture quarantine
inspection monitoring program of the Animal
and Plant Health Inspection Service; and
(2) describes the manner in which the Secretary
of Homeland Security will coordinate with the Sec-
retary of Agriculture and State and local governments
in carrying out the activities described in paragraph
(1).
SEC. 542. Any limitation, directive, or earmarking
contained in either the House of Representatives or Senate
report accompanying H.R. 5441 shall also be included in
the conference report or joint statement accompanying H.R.
5441 in order to be considered as having been approved by
both Houses of Congress.
SEC. 543. Any reports required in this Act and accom-
panying reports to be submitted to the Committees on Ap-
propriations and the Department of Homeland Security’s
annual justifications of the President’s budget request shall
be posted on the Department of Homeland Security’s public
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website not later than 48 hours after such submission unless
information in the report compromises national security.
SEC. 544. Notwithstanding any other provision of this
Act, $1,000,000 shall be made available from appropria-
tions for training, exercises, technical assistance, and other
programs under paragraph (4) under the subheading
‘‘STATE AND LOCAL PROGRAMS’’ under the heading ‘‘OFFICE
FOR DOMESTIC PREPAREDNESS’’ under title III, for the
Chief Financial Officer of the Department of Homeland Se-
curity to ensure compliance with the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note).
SEC. 545. None of the amounts available or otherwise
available to the Coast Guard under title II of this Act under
the heading ‘‘UNITED STATES COAST GUARD’’ under the
heading ‘‘OPERATING EXPENSES’’ may be obligated or ex-
pended for the continuation of operations at Long Range
Aids to Navigation (LORAN) stations nationwide, except
in Alaska, the far northwest, and the far northeast conti-
nental United States of America.
SEC. 546. No amount appropriated by this or any
other Act may be used to enforce or comply with any statu-
tory limitation on the number of employees in the Trans-
portation Security Administration, before or after its trans-
fer to the Department of Homeland Security from the De-
partment of Transportation, and no amount appropriated
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by this or any other Act may be used to enforce or comply
with any administrative rule or regulation imposing a lim-
itation on the recruiting or hiring of personnel into the
Transportation Security Administration to a maximum
number of permanent positions, except to the extent that
enforcement or compliance with that limitation does not
prevent the Secretary of Homeland Security from recruiting
and hiring such personnel into the Administration as may
be necessary—
(1) to provide appropriate levels of aviation se-
curity; and
(2) to accomplish that goal in such a manner
that the average aviation security-related delay expe-
rienced by airline passengers is reduced to a level of
10 minutes.
SEC. 547. Not later than 6 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committees on Appropriations
of the Senate and the House of Representatives with an as-
sessment of short-term (defined as within 2 years after the
date of enactment of this Act), intermediate-term (defined
as between 2 years and 4 years after such date of enact-
ment), and long-term (defined as more than 4 years after
such date of enactment) actions necessary for the Depart-
ment of Homeland Security to take in order to assist Fed-
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eral, State, and local governments achieve communications
interoperability, including equipment acquisition, changes
in governance structure, and training.
SEC. 548. (a) Section 114 of title 49, United States
Code, is amended by striking subsection (o) and redesig-
nating subsections (p) through (t) as subsections (o) through
(s), respectively.
(b) The amendment made by subsection (a) shall take
effect 180 days after the date of enactment of this Act.
SEC. 549. DATA-MINING. (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-Fed-
eral entity, or the information was acquired ini-
tially by another department or agency of the
Federal Government for purposes other than in-
telligence 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
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predictive pattern indicating terrorist or crimi-
nal activity; and
(C) the search does not use a specific indi-
vidual’s personal identifiers to acquire informa-
tion concerning that individual.
(2) DATABASE.—The term ‘‘database’’ does not
include telephone directories, news reporting, infor-
mation publicly available via the Internet or avail-
able 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 sub-
mit a report to Congress on all such activities of the
agency under the jurisdiction of that official. The re-
port shall be made available to the public.
(2) CONTENT
OF
REPORT.—Each report sub-
mitted under paragraph (1) shall include, for each ac-
tivity to use or develop data-mining technology that
is required to be covered by the report, the following
information:
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(A) A thorough description of the data-min-
ing 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 tech-
nology and, where appropriate, the target dates
for the deployment of the data-mining tech-
nology.
(C) An assessment of the efficacy or likely
efficacy of the data-mining technology in pro-
viding 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 reg-
ulations 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—
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HR 5441 EAS
(i) protect the privacy and due process
rights of individuals; and
(ii) ensure that only accurate informa-
tion is collected, reviewed, gathered, ana-
lyzed, or used.
(G) Any necessary classified information in
an annex that shall be available to the Com-
mittee 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 Com-
mittee 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 2007.
SEC. 550. (a) Not later than 6 months after the date
of enactment of this Act, the Secretary of Homeland Secu-
rity shall hereafter issue interim final regulations that es-
tablish homeland security requirements, including min-
imum standards and required submission of facility secu-
rity plans to the Secretary, for chemical facilities that the
Secretary determines present the greatest security risk and
that are not currently regulated under Federal law for
homeland security purposes.
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(b) Interim regulations under this section shall apply
to a chemical facility until the effective date of final regula-
tions issued under other laws by the Secretary, that estab-
lish requirements and standards referred to in subsection
(a) that apply with respect to that facility.
(c) Any person that violates an interim regulation
issued under this section shall be liable for a civil penalty
under section 70117 of title 46, United States Code.
SEC. 551. Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Homeland Security shall
establish and conduct a pilot program at the Northern Bor-
der Air Wing bases of the Office of CBP Air and Marine,
United States Customs and Border Protection, working ex-
peditiously with the Administrator of the Federal Aviation
Administration to test unmanned aerial vehicles for border
surveillance along the international marine and land bor-
der between Canada and the United States.
SEC. 552. Not later than February 8, 2007, the Assist-
ant Secretary for Immigration and Customs Enforcement
of the Department of Homeland Security shall submit a re-
port to Congress on the costs and need for establishing a
sub-office in Greeley, Colorado.
SEC. 553. Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
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HR 5441 EAS
Senate and the House of Representatives a report on the
feasibility and advisability of locating existing Louisiana
facilities and assets of the Coast Guard in the Federal City
Project of New Orleans, Louisiana, as described in the re-
port of the Defense Base Closure and Realignment Commis-
sion submitted to the President in 2005 during the 2005
round of defense base closure and realignment under the De-
fense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
SEC. 554. Notwithstanding any other provision of this
Act, funding made available under title VII, under the
heading UNITED STATES COAST GUARD ACQUISITION, CON-
STRUCTION, AND IMPROVEMENTS may be used to acquire
law enforcement patrol boats.
SEC. 555. SCREENING OF MUNICIPAL SOLID WASTE.
(a) DEFINITIONS.—In this section:
(1) BUREAU.—The term ‘‘ Bureau’’ means the
Bureau of Customs and Border Protection.
(2) COMMERCIAL
MOTOR
VEHICLE.—The term
‘‘commercial motor vehicle’’ has the meaning given
the term in section 31101 of title 49, United States
Code.
(3) COMMISSIONER.—The term ‘‘Commissioner’’
means the Commissioner of the Bureau.
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(4) MUNICIPAL SOLID WASTE.—The term ‘‘mu-
nicipal 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 Act, the Commissioner
shall submit to Congress a report that—
(1) indicates whether the methodologies and tech-
nologies used by the Bureau to screen for and detect
the presence of chemical, nuclear, biological, and radi-
ological weapons in municipal solid waste are as ef-
fective as the methodologies and technologies used by
the Bureau to screen for those materials in other
items of commerce entering the United States through
commercial motor vehicle transport; and
(2) if the report indicates that the methodologies
and technologies used to screen municipal solid waste
are less effective than those used to screen other items
of commerce, identifies the actions that the Bureau
will take to achieve the same level of effectiveness in
the screening of municipal solid waste, including ac-
tions necessary to meet the need for additional screen-
ing technologies.
(c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If
the Commissioner fails to fully implement an action identi-
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HR 5441 EAS
fied under subsection (b)(2) before the earlier of the date
that is 180 days after the date on which the report under
subsection (b) is required to be submitted or the date that
is 180 days after the date on which the report is submitted,
the Secretary shall deny entry into the United States of any
commercial motor vehicle carrying municipal solid waste
until the Secretary certifies to Congress that the methodolo-
gies and technologies used by the Bureau to screen for and
detect the presence of chemical, nuclear, biological, and ra-
diological weapons in municipal solid waste are as effective
as the methodologies and technologies used by the Bureau
to screen for those materials in other items of commerce en-
tering into the United States through commercial motor ve-
hicle transport.
SEC. 556. (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 tun-
nel or passage known to the Secretary of Homeland Secu-
rity and subject to inspection by the Bureau of Immigration
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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 sub-
section (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 mem-
ber of a terrorist organization (as defined in section
2339B(g)(6)) shall be subject to a maximum term of impris-
onment that is twice the maximum term of 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,’’ be-
fore ‘‘1425,’’.
(d) DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.—
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HR 5441 EAS
(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 pen-
alties 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 sub-
section, the United States Sentencing Commission
shall—
(A) ensure that the sentencing guidelines,
policy statements, and official commentary re-
flect 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 miti-
gating circumstances that might justify excep-
tions, including—
(i) the use of a tunnel or passage de-
scribed in subsection (a) of such section to
facilitate other felonies; and
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(ii) the circumstances for which the
sentencing guidelines currently provide ap-
plicable 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. 557. Notwithstanding any other provision of law,
the Secretary of Homeland Security shall provide personnel
and equipment to improve national security by inspecting
international shipments of municipal solid waste, and shall
levy a fee limited to the approximate cost of such inspec-
tions.
SEC. 558. (a) Not later than 6 months after the date
of enactment of this Act, the Secretary of Homeland Secu-
rity, in coordination with the Secretary of State, the Fed-
eral Communications Commission, and relevant agencies in
the States of Alaska, Idaho, Montana, Oregon, and Wash-
ington, shall—
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(1) evaluate the technical and operational chal-
lenges with respect to interoperable communications
facing regional, local, State, and Federal authorities
in preparing for the 2010 Olympics; and
(2) develop an integrated plan for addressing
such technical and operational challenges.
(b) The Secretary of Homeland Security shall submit
and present the plan developed under subsection (a) to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce
of the House of Representatives.
SEC. 559. The Secretary of Homeland Security may
not take any action to alter or reduce operations within
the Civil Engineering Program of the Coast Guard nation-
wide, including the civil engineering units, facilities, and
design and construction centers, the Coast Guard Academy,
and the Research and Development Center until the Com-
mittees on Appropriations and Commerce, Science, and
Transportation of the Senate receive and approve a plan
on changes to the Civil Engineering Program of the Coast
Guard. The plan shall include a description of the current
functions of the Civil Engineering Program and a descrip-
tion of any proposed modifications of such functions and
of any proposed modification of personnel and offices, in-
cluding the rationale for such modification, an assessment
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of the costs and benefits of such modification, any proposed
alternatives to such modification, and the processes utilized
by the Coast Guard and the Office of Management and
Budget to analyze and assess such modification.
SEC. 560. (a) All amounts made available under this
Act for travel and transportation shall be reduced by
$43,000,000.
(b) All amounts made available under this Act for
printing and reproduction shall be reduced by $1,000,000.
SEC. 561. None of the funds made available by this
Act may be used to take an action that would violate Execu-
tive Order 13149 (65 Fed. Reg. 24607; relating to greening
the government through Federal fleet and transportation ef-
ficiency).
SEC. 562. (a) The Transportation Security Adminis-
tration shall require each air carrier and foreign air carrier
that provides air transportation or intrastate air transpor-
tation to submit plans to the Transportation Security Ad-
ministration on how such air carrier will participate in
the voluntary provision of emergency services program es-
tablished by section 44944(a) of title 49, United States
Code.
(b)(1) Not more than 90 days after the date of the en-
actment of this Act, the Transportation Security Adminis-
tration shall prepare a report that contains the following:
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(A) Procedures that qualified individuals need to
follow in order to participate in the program de-
scribed in subsection (a).
(B) Relevant contacts for individuals interested
in participating in the program described in sub-
section (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 fol-
lowing:
(A) The Congress.
(B) The emergency response agency of each
State.
(C) The relevant organizations representing indi-
viduals to participate in the program.
SEC. 563. Not later than 90 days after the date of en-
actment of this Act, the Director of the Federal Emergency
Management Agency in conjunction with the Director of the
National Institutes of Standards and Technology shall sub-
mit a report to the Senate Committee on Appropriations
outlining Federal earthquake response plans for high-risk
earthquake regions in the United States as determined by
the United States Geological Survey.
SEC. 564. Not later than 6 months after the date of
enactment of this Act, the Secretary of Homeland Security