[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Homeland Security Working Capital Fund'', $12,000,000 are rescinded.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