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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— 
(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 
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(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 
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-
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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 
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— 
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(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-
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. 
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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 
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 
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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: 
(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. 
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(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— 
(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 
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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. 
(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. 
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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 
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-
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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. 
(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— 
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(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-
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-
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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 
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. 
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‘‘(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.— 
(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). 
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(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 
(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; 
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(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— 
(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. 
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(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 
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. 
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