[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5441 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 13, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
5441) entitled ``An Act making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, 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, 2007, 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, $82,622,000: 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 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $163,456,000: 
Provided, That not to exceed $3,000 shall be for official reception and 
representation expenses: Provided further, That of the total amount 
provided, $8,206,000 shall remain available until expended solely for 
the alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations.

                 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), $26,018,000.

                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, 
$306,765,000; of which $79,521,000 shall be available for salaries and 
expenses; and of which $227,244,000 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 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 the date of enactment 
of this Act, an expenditure plan for all information technology 
projects that: (1) are funded under this heading; 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.

                        Analysis and Operations

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $298,663,000, to remain 
available until September 30, 2008, of which not to exceed $5,000 shall 
be for official reception and representation expenses.

                      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.), $90,185,000, 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: 
Provided further, That the Department of Homeland Security Inspector 
General shall investigate whether, and to what extent, in adjusting and 
settling claims resulting from Hurricane Katrina, insurers making flood 
insurance coverage available under the Write-Your-Own program pursuant 
to section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4081) and subpart C of part 62 of title 44, Code of Federal 
Regulations, improperly attributed damages from such hurricane to 
flooding covered under the insurance coverage provided under the 
national flood insurance program rather than to windstorms covered 
under coverage provided by such insurers or by windstorm insurance 
pools in which such insurers participated: Provided further, That the 
Department of Homeland Security Inspector General may request the 
assistance of the Attorney General and the Department of Justice in 
conducting such investigation and may reimburse the costs of the 
Attorney General and the Department of Justice in providing such 
assistance from such funds: Provided further, That the Department of 
Homeland Security Inspector General shall submit a report to Congress 
not later than April 1, 2007, setting forth the conclusions of such 
investigation.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

    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), 
$399,494,000, to remain available until expended: Provided, That of the 
total amount made available under this heading, $200,000,000 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 
        information systems enterprise 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

    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; purchase and 
lease of up to 4,500 (3,500 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$5,329,874,000, of which $44,000,000 shall be used to hire an 
additional 236 border patrol agents; of which $3,026,000 shall be 
derived from the Harbor Maintenance Trust Fund for administrative 
expenses related to the collection of the Harbor Maintenance Fee under 
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 
$45,000 shall be for official reception and representation expenses; of 
which not less than $172,676,000 shall be for Air and Marine 
Operations; 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: Provided, 
That for fiscal year 2007, 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 by 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.

                        automation modernization

    For expenses for customs and border protection automated systems, 
$461,207,000, to remain available until expended, of which not less 
than $318,490,000 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 
        information systems enterprise 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.

                        technology modernization

    For expenses for customs and border protection technology systems, 
$131,559,000, to remain available until expended: Provided, That of the 
funds made available under this heading, $100,000,000 may not 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 
        information systems enterprise 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

                    (including rescission of funds)

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aerial vehicles, 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, $472,499,000, 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 2007 without the prior approval of the Committees on 
Appropriations of the Senate and the House of Representatives.
    In addition, of the funds appropriated under this heading in title 
II of the Department of Homeland Security Appropriations Act, 2006 
(Public Law 109-90; 119 Stat. 2068) for a covert manned surveillance 
aircraft, $14,000,000 are rescinded.

                              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, 
$288,084,000, to remain available until expended.

                  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 2,740 (2,000 for replacement only) police-type vehicles; 
$3,740,357,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under 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 $5,400,000 may be used to 
facilitate agreements consistent with section 287(g) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)); 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 none of the funds in this Act or any other 
appropriations Act may be used to fund any activity other than those 
activities funded in fiscal year 2005 to facilitate agreements 
consistent with section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)): 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 2007, of which not to exceed 
$6,000,000 shall remain available until expended: Provided further, 
That an additional $58,000,000 shall be available under this heading 
and authorized for 1,700 additional detention beds spaces and the 
necessary operational and mission support positions, information 
technology, relocation costs, and training for those beds and the 
amount made available under the heading ``Disaster Relief'' in this Act 
is reduced by $58,000,000.

                       federal protective service

    The revenues and collections of security fees credited to this 
account, not to exceed $516,011,000, 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, $20,000,000, to remain available until expended: Provided, 
That of the funds made available under this heading, $16,000,000 may 
not 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 
        information systems enterprise 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, 
$101,281,000, 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 
under the Aviation and Transportation Security Act (49 U.S.C. 40101 
note; Public Law 107-71; 115 Stat. 597), $4,751,580,000, to remain 
available until September 30, 2008, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $3,790,132,000 shall be for screening operations, of which 
$141,400,000 shall be available only for procurement of checked baggage 
explosive detection systems and $171,500,000 shall be available only 
for installation of checked baggage explosive detection systems; and 
not to exceed $961,448,000 shall be for aviation security direction and 
enforcement presence: Provided further, That the Transportation 
Security Administration shall provide passenger and baggage screeners 
and related resources at the New Castle Airport in Wilmington, 
Delaware, as long as commercial air service is provided at that 
airport: Provided further, That of the funds appropriated under this 
heading, $25,000,000 shall not be obligated until after the Secretary 
of Homeland Security submits to the Committees on Appropriations of the 
Senate and the House of Representatives a detailed report in response 
to findings in the Department of Homeland Security Office of Inspector 
General report (OIG-04-44) concerning contractor fees: 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 and shall be available only for aviation 
security: 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 2007, so as to 
result in a final fiscal year appropriation from the General Fund 
estimated at not more than $2,331,580,000 Provided further, That any 
security service fees collected in excess of the amount made available 
under this heading shall become available during fiscal year 2008: 
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 and not more than 90 percent for any other 
airport, and all funding provided by section 44923(h) of title 49 
United States Code, or from appropriations authorized under section 
44923(i)(1) of title 49, United States Code, may be distributed in any 
manner determined necessary to ensure aviation security and to fulfill 
the Government's planned cost share under existing letters of intent: 
Provided further, That Members of the United States House of 
Representatives and United States Senate, including the leadership; and 
the heads of Federal agencies and commissions, including the Secretary, 
Under Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior members 
of the Executive Office of the President, including the Director of the 
Office of Management and Budget; shall not be exempt from Federal 
passenger and baggage screening: Provided further, That beginning in 
fiscal year 2007 and thereafter, 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.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation security 
activities, $37,200,000, to remain available until September 30, 2008.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $29,700,000, to remain available until September 30, 
2008.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence under the Aviation and Transportation Security Act (Public 
Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $618,865,000, to 
remain available until September 30, 2008.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $699,294,000.

                       United States Coast Guard

                           operating expenses

    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, which shall be for 
replacement only; payments under section 156 of Public Law 97-377 (42 
U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$5,534,349,000, of which $340,000,000 shall be for defense-related 
activities; of which $24,255,000 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 $10,000 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.

                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, $10,880,000, 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; $123,948,000.

              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; $1,145,329,000, of which $19,800,000 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 $24,750,000 shall be available until 
September 30, 2011, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $14,000,000 shall be 
available until September 30, 2011, to increase aviation capability; of 
which $92,268,000 shall be available until September 30, 2009, for 
other equipment; of which $20,680,000 shall be available until 
September 30, 2009, for shore facilities and aids to navigation 
facilities; and of which $993,631,000 shall be available until 
September 30, 2011, 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, 2009: Provided further, That the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, in 
conjunction with the President's fiscal year 2008 budget, a review of 
the Revised Deepwater Implementation Plan that identifies any changes 
to the plan for the fiscal year; an annual performance comparison of 
Deepwater assets to pre-Deepwater legacy assets; a status report of 
legacy assets; a detailed explanation of how the costs of legacy assets 
are being accounted for within the Deepwater program; an explanation of 
why many assets that are elements of the Integrated Deepwater System 
are not accounted for within the Deepwater appropriation under this 
heading; a description of the competitive process conducted in all 
contracts and subcontracts exceeding $5,000,000 within the Deepwater 
program; a description of how the Coast Guard is planning for the human 
resource needs of Deepwater assets; and the earned value management 
system gold card data for each Deepwater asset: Provided further, That 
the Secretary shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives a comprehensive review of the 
Revised Deepwater Implementation Plan every 5 years, beginning in 
fiscal year 2011, that includes a complete projection of the 
acquisition costs and schedule for the duration of the plan through 
fiscal year 2027: Provided further, That the Secretary shall annually 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, at the time that the President's budget is 
submitted under section 1105(a) of title 31, United States Code, a 
future-years capital investment plan for the Coast Guard that 
identifies for each capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever 
        is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified.
    In addition, of the funds appropriated under this heading in title 
II of the Department of Homeland Security Appropriations Act, 2006 
(Public Law 109-90; 119 Stat. 2087), $79,200,000 are rescinded from the 
unexpended balances specifically identified in the Joint Explanatory 
Statement (House Report 109-241) accompanying that Act for the Fast 
Response Cutter, the service life extension program of the current 110-
foot Island Class patrol boat fleet, and accelerated design and 
production of the Fast Response Cutter.
    In addition, of the funds appropriated under this heading in title 
II of the Department of Homeland Security Appropriations Act, 2006 
(Public Law 109-90; 119 Stat. 2087), $1,933,000 are rescinded from the 
unexpended balances specifically identified in the Joint Explanatory 
Statement (House Report 109-241) accompanying that Act for the covert 
surveillance aircraft.
    In addition, of the funds appropriated under this heading in title 
II of the Department of Homeland Security Appropriations Act, 2006 
(Public Law 109-90; 119 Stat. 2087), $1,835,000 are rescinded from the 
unexpended balances specifically identified in the Joint Explanatory 
Statement (House Report 109-241) accompanying that Act for the 
automatic identification system.

                         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; 
$17,573,000, to remain available until expended, of which $495,000 
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, 
$1,063,323,000.

                      United States Secret Service

                protection, administration, and training

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 755 vehicles for police-type use, 
of which 624 shall be for replacement only, and hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; 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; $918,028,000, of which not 
to exceed $25,000 shall be for official reception and representation 
expenses: Provided, That up to $18,000,000 provided for protective 
travel shall remain available until September 30, 2008: 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.

                  investigations and field operations

    For necessary expenses for investigations and field operations of 
the United States Secret Service, not otherwise provided for, including 
costs related to office space and services of expert witnesses at such 
rate as may be determined by the Director of the Secret Service, 
$304,205,000; 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 $2,366,000 shall 
be for forensic and related support of investigations of missing and 
exploited children; and of which $6,000,000 shall be a grant for 
activities related to the investigations of missing and exploited 
children and shall remain available until expended.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,725,000, to remain 
available until expended.

                               TITLE III

                       PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                     Management and Administration

    For salaries and expenses of the Office of the Under Secretary for 
Preparedness, the Office of the Chief Medical Officer, and the Office 
of National Capital Region Coordination, $30,572,000, of which no less 
than $2,741,000 may be used for the Office of National Capital Region 
Coordination, and of which $6,459,000 shall be for the National 
Preparedness Integration Program: Provided, That none of the funds made 
available under this heading may be obligated for the National 
Preparedness Integration Program 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: 
Provided further, That not to exceed $7,000 shall be for official 
reception and representation expenses: Provided further, That none of 
the funds made available in this title under the heading ``Management 
and Administration'' may be used for travel by an officer or employee 
of the Department of Homeland Security until the Under Secretary for 
Preparedness has implemented the recommendations in the report by the 
Inspector General of the Department of Homeland Security titled 
``Progress in Developing the National Asset Database'', dated June 
2006; or until the Under Secretary for Preparedness submits a report to 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Appropriations of the Senate and the Committee on Homeland 
Security and the Committee on Appropriations of the House of 
Representatives explaining why such recommendations have not been fully 
implemented.

                    Office for Domestic Preparedness

                        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, $2,400,000,000, which shall be allocated as follows:
            (1) $500,000,000 for formula-based grants and $350,000,000 
        for law enforcement terrorism prevention grants under section 
        1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That 
        the application for grants shall be made available to States 
        within 45 days after the date of enactment of this Act; that 
        States shall submit applications within 90 days after the grant 
        announcement; and that the Office for Domestic Preparedness 
        shall act within 90 days after the grant announcement: Provided 
        further, That not less than 80 percent of any grant under this 
        paragraph to a State (other than Puerto Rico) shall be made 
        available by the State to local governments within 60 days 
        after the receipt of the funds.
            (2) $1,172,000,000 for discretionary grants, as determined 
        by the Secretary of Homeland Security, of which--
                    (A) $745,000,000 shall be for use in high-threat, 
                high-density urban areas: Provided, That not later than 
                September 30, 2007, the Secretary shall distribute any 
                unallocated funds provided for in title III of the 
                Department of Homeland Security Appropriations Act, 
                2006 (Public Law 109-90; 119 Stat. 2075) under the 
                heading ``state and local programs'' under the heading 
                ``Office for Domestic Preparedness'' to assist 
                organizations (as described under section 501(c)(3) of 
                the Internal Revenue Code of 1986 and exempt from tax 
                under section 501(a) of such Code) determined by the 
                Secretary to be at high-risk or potential high-risk of 
                a terrorist attack: Provided further, That applicants 
                shall provide for the Secretary's consideration prior 
                threats or attacks (within or outside the United 
                States) by a terrorist organization, network, or cell 
                against an organization described in the previous 
                proviso, and the Secretary shall consider prior threats 
                or attacks (within or outside the United States) 
                against such organizations when determining risk: 
                Provided further, That the Secretary shall report to 
                the Committees on Appropriations of the Senate and the 
                House of Representatives the risk to each designated 
                tax exempt grantee at least 3 full business days in 
                advance of the announcement of any grant award;
                    (B) $210,000,000 shall be for port security grants 
                for the purposes of section 70107(a) through (h) of 
                title 46, United States Code, which shall be awarded 
                based on risk notwithstanding subsection (a), for 
                eligible costs as defined in subsections (b)(2), (3), 
                and (4);
                    (C) $5,000,000 shall be for trucking industry 
                security grants;
                    (D) $12,000,000 shall be for intercity bus security 
                grants;
                    (E) $150,000,000 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
                    (F) $50,000,000 shall be for buffer zone protection 
                grants:
        Provided, That for grants under subparagraph (A), the 
        application for grants shall be made available to States within 
        45 days after the date of enactment of this Act; that States 
        shall submit applications within 90 days after the grant 
        announcement; and that the Office for Domestic Preparedness 
        shall act within 90 days after receipt of an application: 
        Provided further, That not less than 80 percent of any grant 
        under this paragraph to a State shall be made available by the 
        State to local governments within 60 days after the receipt of 
        the funds: Provided further, That for grants under 
        subparagraphs (B) through (F), the applications for such grants 
        shall be made available to eligible applicants not later than 
        75 days after the date of enactment of this Act, eligible 
        applicants shall submit applications not later than 45 days 
        after the date of the grant announcement, and the Office for 
        Domestic Preparedness shall act on such applications not later 
        than 45 days after the date on which such an application is 
        received.
            (3) $40,000,000 shall be available for the Commercial 
        Equipment Direct Assistance Program.
            (4) $338,000,000 for training, exercises, technical 
        assistance, and other programs (including mass evacuation 
        preparation and exercises): Provided, That not less than 
        $18,000,000 is for technical assistance:
Provided, That none of the grants provided under this heading shall be 
used for the construction or renovation of facilities, except for a 
minor perimeter security project, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the proceeding proviso shall not apply to grants under 
subparagraphs (B), (E), and (F) of paragraph (2) of this heading: 
Provided further, That grantees shall provide additional reports on 
their use of funds, as determined necessary by the Secretary of 
Homeland Security: Provided further, That funds appropriated for law 
enforcement terrorism prevention grants under paragraph (1) and 
discretionary grants under paragraph (2)(A) of this heading shall be 
available for operational costs, to include personnel overtime and 
overtime associated with Office for Domestic Preparedness certified 
training, as needed: Provided further, That the Government 
Accountability Office shall report on the validity, relevance, 
reliability, timeliness, and availability of the risk factors 
(including threat, vulnerability, and consequence) used by the 
Secretary for the purpose of allocating discretionary grants funded 
under this heading, and the application of those factors in the 
allocation of funds to the Committees on Appropriations of the Senate 
and the House of Representatives on its findings not later than 45 days 
after the date of enactment of this Act: Provided further, That within 
7 days after the date of enactment of this Act, the Secretary shall 
provide the Government Accountability Office with the threat and risk 
methodology and factors that will be used to allocate discretionary 
grants funded under this heading.

                     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.), 
$680,000,000, of which $552,500,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $127,500,000 shall be 
available to carry out section 34 (15 U.S.C. 2229a) of that Act, to 
remain available until September 30, 2008: Provided, That not to exceed 
5 percent of this amount shall be available for program administration.

                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.), $220,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total 
appropriation.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2007, 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, 2007, and remain 
available until expended.

             United States Fire Administration and Training

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $45,887,000.

           Infrastructure Protection and Information Security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$525,056,000, of which $442,547,000 shall remain available until 
September 30, 2008: Provided, That of the amount made available under 
this heading, $20,000,000 may not be obligated until the Secretary 
submits to the Committees on Appropriations of the Senate and House of 
Representatives the report required in House Report 109-241 
accompanying the Department of Homeland Security Appropriations Act, 
2006 (Public Law 109-90) on resources necessary to implement mandatory 
security requirements for the Nation's chemical sector and to create a 
system for auditing and ensuring compliance with the security 
standards: Provided further, That not later than 120 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall submit a classified report describing the security 
vulnerabilities of all rail, transit, and highway bridges and tunnels 
connecting Northern New Jersey and New York City to the Committee on 
Appropriations of the Senate; the Committee on Appropriations of the 
House of Representatives; the Committee on Commerce, Science, and 
Transportation of the Senate; and the Committee on Transportation and 
Infrastructure of the House of Representatives.

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                 Administrative and Regional Operations

    For necessary expenses for administrative and regional operations, 
$249,499,000, 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 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.

             Readiness, Mitigation, Response, and Recovery

    For necessary expenses for readiness, mitigation, response, and 
recovery activities, $240,000,000, 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 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 the Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services and the 
Attorney General of the United States, shall conduct an assessment of 
the models used by the Louisiana family assistance call center and the 
National Center for Missing and Exploited Children in assisting 
individuals displaced by Hurricane Katrina of 2005 in locating members 
of their family to determine how these models may be modified to assist 
individuals displaced in a major disaster (as that term is defined in 
section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122) in locating members of their family: 
Provided further, That the Secretary of Homeland Security shall submit 
to the chairman and ranking member of the Committee on Homeland 
Security and Governmental Affairs; the Committee on Health, Education, 
Labor, and Pensions; and the Committee on the Judiciary of the Senate; 
and the chairman and ranking member of the Committee on Homeland 
Security, the Committee on Energy and Commerce, and the Committee on 
the Judiciary of the House of Representatives results of the assessment 
conducted under the previous proviso; as well as a plan to implement 
the findings of such assessment, to the maximum extent practicable.

                         Public Health Programs

                     (including transfer of funds)

    For necessary expenses for countering potential biological, 
disease, and chemical threats to civilian populations, $33,885,000: 
Provided, That the total amount appropriated and, notwithstanding any 
other provision of law, the functions, personnel, assets, and 
liabilities of the National Disaster Medical System established under 
section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-
11(b)), including any functions of the Secretary of Homeland Security 
relating to such System, shall be permanently transferred to the 
Secretary of the Department of Health and Human Services effective 
January 1, 2007.

                            Disaster Relief

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,640,000,000, to remain available until expended: Provided, That of 
the total amount provided, not to exceed $15,000,000 shall be 
transferred to the Department of Homeland Security Office of Inspector 
General for audits and investigations related to natural disasters 
subject to section 503 of this Act: Provided further, That none of the 
funds appropriated or otherwise made available under this heading may 
be used to enter into contracts using procedures based upon the unusual 
and compelling urgency exception to competitive procedures requirements 
under section 303(c)(2) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) of 
title 10, United States Code, unless the contract is for the 
procurement of only such property and services as are necessary to 
address the immediate emergency and is only for so long as is necessary 
to put competitive procedures in place in connection with such 
procurement and the Secretary of Homeland Security notifies the 
Committees on Appropriations and Homeland Security and Government 
Affairs of the Senate and Appropriations and Homeland Security of the 
House of Representatives of such contract not later than 7 days after 
the contract is entered into.

            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), $569,000: 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 under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, 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.), and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $128,588,000, which is available as follows: (1) 
not to exceed $38,230,000 for salaries and expenses associated with 
flood mitigation and flood insurance operations; and (2) not to exceed 
$90,358,000 for flood hazard mitigation which shall be derived from 
offsetting collections assessed and collected under section 1307 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to 
remain available until September 30, 2008, including up to $31,000,000 
for flood mitigation expenses under section 1366 of that Act, which 
amount shall be available for transfer to the National Flood Mitigation 
Fund until September 30, 2008: Provided, That in fiscal year 2007, no 
funds in excess of: (1) $70,000,000 for operating expenses; (2) 
$692,999,000 for commissions and taxes of agents; (3) such sums as 
necessary for interest on Treasury borrowings shall be available from 
the National Flood Insurance Fund; and (4) not to exceed $50,000,000 
for flood mitigation actions with respect to severe repetitive loss 
properties under section 1361A of that Act and repetitive insurance 
claims properties under section 1323 of that Act, which shall remain 
available until expended: Provided further, That total administrative 
costs shall not exceed 3 percent of the total appropriation.

                     National Flood Mitigation Fund

                     (including transfer of funds)

    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), $31,000,000, to remain available until 
September 30, 2008, for activities designed to reduce the risk of flood 
damage to structures pursuant to such Act, of which $31,000,000 shall 
be derived from the National Flood Insurance Fund.

                 National Pre-Disaster Mitigation Fund

    For a pre-disaster mitigation grant program under title II of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131 et seq.), $149,978,000, to remain available until expended: 
Provided, That grants made for pre-disaster 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 under title III 
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11331 et 
seq.), $151,470,000, 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, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$134,990,000.

                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; $207,634,000, of which up to $43,910,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2008; of which $300,000 
shall remain available until expended for Federal law enforcement 
agencies participating in training accreditation, to be distributed as 
determined by the Federal Law Enforcement Training Center for the needs 
of participating agencies; 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.

     acquisition, 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, $63,246,000, 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.

                         Science and Technology

                     management and administration

    For salaries and expenses of the 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.), $104,414,000: Provided, 
That of the amount provided under this heading, $60,000,000 shall not 
be obligated until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve an expenditure plan by 
program, project, and activity; with a detailed breakdown and 
justification of the management and administrative costs for each; 
prepared by the Secretary of Homeland Security that has been reviewed 
by the Government Accountability Office: Provided further, That the 
expenditure plan shall include the method utilized to derive 
administration costs in fiscal year 2006 and fiscal year 2007: Provided 
further, 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.); $714,041,000, to remain 
available until expended: Provided, That no university participating in 
the University-based Centers of Excellence Program shall receive a 
grant for a period in excess of 3 years: Provided further, That none of 
the funds provided under this heading shall be made available for 
management and administrative costs: Provided further, That $2,000,000 
under this heading shall be available for the construction of 
radiological laboratories at Pacific Northwest National Laboratory: 
Provided further, That funding will not be available until a Memorandum 
of Understanding between the Department of Homeland Security and the 
Department of Energy has been entered into.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office 
and for management and administration of programs and activities, 
$30,468,000: Provided, That no funds will be made available for the 
reimbursement of individuals from other Federal agencies or 
organizations in fiscal year 2008: Provided further, That not to exceed 
$3,000 shall be for official reception and representation expenses.

                 research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation and operations, $234,024,000, to 
remain available until expended; and of which not to exceed $65,000,000 
shall be made available for transformation research and development; 
and of which no less than $40,000,000 shall be made available for 
radiation portal monitor research and development: Provided, That of 
the amount provided, $80,000,000 shall not be obligated until the 
Secretary of Homeland Security provides notification to the Committees 
on Appropriations of the Senate and the House of Representatives that 
the Domestic Nuclear Detection Office has entered into a Memorandum of 
Understanding with each Federal entity and organization: Provided 
further, That each Memorandum of Understanding shall include a 
description of the role, responsibilities, and resource commitment of 
each Federal entity or organization for the domestic nuclear global 
architecture.

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $178,000,000, to remain 
available until September 30, 2009; and of which no less than 
$143,000,000 shall be for radiation portal monitors; and of which not 
to exceed $5,000,000 shall be for the Surge program: Provided, That 
none of the funds provided for the Sodium Iodine Manufacturing program 
shall be made available until a cost-benefit analysis on the Advance 
Spectroscopic Portal monitors is submitted to the Committees on 
Appropriations of the Senate and the House of Representatives by the 
Secretary of Homeland Security and reviewed by the Government 
Accountability Office.

                                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. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established under this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    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 2007, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure 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 function or activity 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 2007, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for 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.
    Sec. 504. 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 the 
President's fiscal year 2007 budget, excluding sedan service, shuttle 
service, transit subsidy, mail operations, parking, and competitive 
sourcing: Provided, That any additional activities and amounts shall be 
approved by the Committees on Appropriations of the Senate and the 
House of Representatives 30 days in advance of obligation.
    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2007 from appropriations for salaries and expenses 
for fiscal year 2007 in this Act shall remain available through 
September 30, 2008, 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. 506. 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 2007 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2007.
    Sec. 507. The Federal Law Enforcement Training Center shall lead 
the Federal law enforcement training accreditation process, to include 
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, to 
continue the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.
    Sec. 508. 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. 509. 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. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic or advanced law enforcement training 
(including both types of 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. 511. 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. 512. 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. 513. Notwithstanding any other provision of law, the authority 
of the Office of Personnel Management to conduct personnel security and 
suitability background investigations, update investigations, and 
periodic reinvestigations of applicants for, or appointees in, 
positions in the Office of the Secretary and Executive Management, the 
Office of the Under Secretary for Management, Analysis and Operations, 
Immigration and Customs Enforcement, Directorate for Preparedness, and 
the Directorate of Science and Technology of the Department of Homeland 
Security is transferred to the Department of Homeland Security: 
Provided, That on request of the Department of Homeland Security, the 
Office of Personnel Management shall cooperate with and assist the 
Department in any investigation or reinvestigation under this section: 
Provided further, That this section shall cease to be effective at such 
time as the President has selected a single agency to conduct security 
clearance investigations under section 3001(c) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 
U.S.C. 435b) and the entity selected under section 3001(b) of such Act 
has reported to Congress that the agency selected under such section 
3001(c) is capable of conducting all necessary investigations in a 
timely manner or has authorized the entities within the Department of 
Homeland Security covered by this section to conduct their own 
investigations under section 3001 of such Act.
    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 10 of the 
conditions contained in paragraphs (1) through (10) of section 522(a) 
of the Department of Homeland Security Appropriations Act, 2005 (Public 
Law 108-334; 118 Stat. 1319) have been successfully met. Until the 
Secure Flight program or a follow on or successor passenger screening 
program has been deployed or implemented, the Transportation Security 
Administration shall provide airlines with technical or other 
assistance to better align their reservation and ticketing systems with 
terrorist databases to assist in alleviating travel delays and other 
problems associated with mistaken identification.
    (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 10 conditions 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 data or a database that is obtained from or 
remains under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data obtained from 
air carriers.
    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. (a) 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 a person, other than persons 
granted protection under 3056(a) of title 18, United States Code, and 
the Secretary of the Department of Homeland Security.
    (b) Notwithstanding (a) of this section, the Director of the United 
States Secret Service may enter into a fully reimbursable agreement to 
perform such service for protectees not designated under 3056(a) of 
title 18, United States Code.
    Sec. 518. The Secretary of Homeland Security, in consultation with 
industry stakeholders, shall develop standards and protocols for 
increasing the use of explosive detection equipment to screen air cargo 
when appropriate.
    Sec. 519. (a) The Secretary of Homeland Security is directed to 
research, develop, and procure new technologies to inspect and screen 
air cargo carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Transportation Security Administration shall report air 
cargo inspection statistics within 15 days of the close of each quarter 
of the fiscal year to the Committees on Appropriations of the Senate 
and the House of Representatives, by airport and air carrier, including 
any reasons for non-compliance with the second proviso of section 513 
of the Department of Homeland Security Appropriations Act, 2005 (Public 
Law 108-334; 118 Stat. 1317), within 45 days after the end of the 
quarter.
    Sec. 520. (a) None of the funds available for obligation for the 
transportation worker identification credential program shall be used 
to develop a personalization system that is executed without fair and 
open competition for both the implementation and production of the 
program and identification cards.
    (b) The Transportation Security Administration shall certify to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than December 1, 2006, that the competition 
required under subsection (a) has been achieved.
    Sec. 521. None of the funds made available in this Act may be used 
by any person other than the privacy officer appointed under section 
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, 
direct that changes be made to, delay, or prohibit the transmission to 
Congress of any report prepared under paragraph (5) of such section.
    Sec. 522. No funding provided by this or previous appropriation 
Acts shall be available to pay the salary of any employee serving as a 
contracting officer's technical representative (COTR) or anyone acting 
in a similar or like capacity who has not received COTR training.
    Sec. 523. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' in fiscal years 2004, 2005, and 
2006 that are recovered or deobligated shall be available only for 
procurement and installation of explosive detection systems for air 
cargo, baggage, and checkpoint screening systems, subject to section 
503 of this Act.
    Sec. 524. (a) Within 60 days of enactment of this Act, the 
Secretary of the Department of Homeland Security shall revise DHS MD 
(Management Directive) 11056 to provide for the following:
            (1) That when a lawful request is made to publicly release 
        a document containing information designated as sensitive 
        security information (SSI), the document shall be reviewed in a 
        timely manner to determine whether any information contained in 
        the document meets the criteria for continued SSI protection 
        under applicable law and regulation and shall further provide 
        that all portions that no longer require SSI designation be 
        released, subject to applicable law, including sections 552 and 
        552a of title 5, United States Code.
            (2) That sensitive security information that is four years 
        old shall be subject to release upon request unless--
                    (A) the Secretary or his designee makes a written 
                determination that identifies a rational basis why the 
                information must remain SSI;
                    (B) the information is covered by a current 
                sensitive security information application guide 
                approved by the Secretary or his designee in writing; 
                or
                    (C) such information is otherwise exempt from 
                disclosure under applicable law:
Provided, That any determination made by the Secretary under clause 
(a)(2)(A) shall be provided to the party making a request to release 
such information and to the Committees on Appropriations of the Senate 
and House of Representatives as part of the annual reporting 
requirement pursuant to section 537 of the Department of Homeland 
Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2088).
            (3) Common and extensive examples of the individual 
        categories of SSI information cited under 49 CFR 1520(b)(1) 
        through (16) in order to minimize and standardize judgment by 
        covered persons in the application of SSI marking.
    (b) Not later than 120 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall report to the Committees 
on Appropriations of the Senate and the House of Representatives on the 
progress that the Department has made in implementing the remaining 
requirements of section 537 of the Department of Homeland Security 
Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2088), including 
information on the current procedures regarding access to SSI by civil 
litigants and the security risks and benefits of any proposed changes 
to these procedures.
    Sec. 525. Rescission. From the unobligated balances from prior year 
appropriations made available for Transportation Security 
Administration ``Aviation Security'' and ``Headquarters 
Administration'', $4,776,000 are rescinded.
    Sec. 526. The Department of Homeland Security Working Capital Fund, 
established under section 403 of the Government Management Reform Act 
of 1994 (31 U.S.C. 501 note; Public Law 103-356), shall continue 
operations during fiscal year 2007.
    Sec. 527. Rescission. Of the unobligated balances from prior year 
appropriations made available for the ``Counterterrorism Fund'', 
$16,000,000 are rescinded.
    Sec. 528. Rescission. From the unobligated balances from prior year 
appropriations made available for Transportation Security 
Administration ``Aviation Security'', $61,936,000 are rescinded.
    Sec. 529. None of the funds made available in this Act may be used 
to enforce section 4025(1) of Public Law 108-458 if the Assistant 
Secretary (Transportation Security Administration) determines that 
butane lighters are not a significant threat to civil aviation 
security: Provided, That the Assistant Secretary (Transportation 
Security Administration) shall notify the Committees on Appropriations 
of the Senate and the House of Representatives 15 days in advance of 
such determination including a report on whether the effectiveness of 
screening operations is enhanced by suspending enforcement of the 
prohibition.
    Sec. 530. Rescissions. Of the unobligated balances from prior year 
appropriations made available for Science and Technology, $55,000,000 
for ``Management and Administration'' and $184,000,000 from ``Research, 
Development, Acquisition, and Operations'' are rescinded: Provided, 
That of the total amount rescinded from ``Management and 
Administration'', $30,000,000 shall be from the contingency fund and 
$25,000,000 shall be from the Homeland Security Institute.
    Sec. 531. Notwithstanding any other provision of law, the Secretary 
of Homeland Security shall consider the Hancock County Port and Harbor 
Commission in Mississippi eligible under the Federal Emergency 
Management Agency Public Assistance Program for all costs incurred for 
dredging from navigation channel in Little Lake, Louisiana, sediment 
deposited as a result of Hurricane George in 1998: Provided, That the 
appropriate Federal share shall apply to approval of this project.
    Sec. 532. The Department of Homeland Security shall, in approving 
standards for State and local emergency preparedness operational plans 
under section 613(b)(3) of the Robert T. Stafford Disaster and 
Emergency Assistance Act (42 U.S.C. 5196b(b)(3)), account for the needs 
of individuals with household pets and service animals before, during, 
and following a major disaster or emergency: Provided, That Federal 
agencies may provide assistance as described in section 403(a) of the 
Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 
5170b(a)) to carry out the plans described in the previous proviso.
    Sec. 533. Rescission. From the unexpended balances of the United 
States Coast Guard ``Acquisition, Construction, and Improvements'' 
account specifically identified in the Joint Explanatory Statement 
(House Report 109-241) accompanying the Department of Homeland Security 
Act, 2006 (Public Law 109-90) for the development of the Offshore 
Patrol Cutter, $20,000,000 are rescinded.
    Sec. 534. Transfer. All obligated and unobligated balances of 
funds, totaling not less than $98,552,000, for the Transportation 
Security Laboratory shall be transferred from the Science and 
Technology ``Research, Development, Acquisition, and Operations'' 
account to the Transportation Security Administration ``Transportation 
Security Support'' account effective October 1, 2006.
    Sec. 535. (a)(1) Within 45 days after the close of each month, the 
Chief Financial Officer of the Department of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a monthly budget execution report that sets forth 
the total obligational authority appropriated (new budget authority 
plus unobligated carryover), undistributed obligational authority, 
amount allotted, current year obligations, unobligated authority (the 
difference between total obligational authority and current year 
obligations), beginning unexpended obligations, year-to-date costs, and 
year-end unexpended obligations, of the Department of Homeland 
Security.
    (2) The information required under paragraph (1) shall be provided 
for each Departmental component and the Working Capital Fund at the 
level of detail shown in the table of detailed funding recommendations 
displayed at the end of the Statement of Managers accompanying the 
conference report on this Act.
    (3) Each report submitted under paragraph (1) shall include for 
each Department of Homeland Security component the total full-time 
equivalent for the prior fiscal year, the on-board total full-time 
equivalent on September 30 of the prior fiscal year, the estimated 
total full-time equivalent for the current fiscal year, and the on-
board total full-time equivalent on the last day of the month for the 
applicable report.
    (b) Obligation authority and transfer authority provided under 
section 503 and 504 of this Act shall not be available unless on the 
date of a notification under section 503 and 504, the Committees on 
Appropriations of the Senate and House of Representatives have received 
the most recent report required by subsection (a) of this section.
    Sec. 536. None of the funds provided by this or previous 
appropriations Acts or transferred to the Department of Homeland 
Security that remain available for obligation or expenditure in fiscal 
year 2007, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
for the Office of the Federal Coordinator for Gulf Coast Rebuilding 
effective October 1, 2006, unless the Committees on Appropriations of 
the Senate and the House of Representatives receive a reprogramming 
notification for fiscal year 2006 pursuant to section 503 of Public Law 
109-90 and a budget request and expenditure plan for fiscal year 2007 
for this office.
    Sec. 537. The Federal Law Enforcement Training Center instructor 
staff shall be classified as inherently governmental for the purpose of 
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note).
    Sec. 538. Section 7209(b)(1) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
note) is amended by striking from ``(1) Development of plan.--The 
Secretary'' through ``7208(k)).'' and inserting the following:
            ``(1) Development of plan and implementation.--
                    ``(A) The Secretary of Homeland Security, in 
                consultation with the Secretary of State, shall develop 
                and implement a plan as expeditiously as possible to 
                require a passport or other document, or combination of 
                documents, deemed by the Secretary of Homeland Security 
                to be sufficient to denote identity and citizenship, 
                for all travel into the United States by United States 
                citizens and by categories of individuals for whom 
                documentation requirements have previously been waived 
                under section 212(d)(4)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(d)(4)(B)). This plan 
                shall be implemented not later than 3 months after the 
                Secretary of State and the Secretary of Homeland 
                Security make the certifications required in subsection 
                (B), or June 1, 2009, whichever is earlier. The plan 
                shall seek to expedite the travel of frequent 
                travelers, including those who reside in border 
                communities, and in doing so, shall make readily 
                available a registered traveler program (as described 
                in section 7208(k)).
                    ``(B) The Secretary of Homeland Security and the 
                Secretary of State shall jointly certify to the 
                Committees on Appropriations of the Senate and the 
                House of Representatives that the following criteria 
                have been met prior to implementation of Section 
                7209(b)(1)(A)--
                            ``(i) the National Institutes of Standards 
                        and Technology has certified that the card 
                        architecture meets the International 
                        Organization for Standardization ISO 14443 
                        security standards, or justifies a deviation 
                        from such standard;
                            ``(ii) the technology to be used by the 
                        United States for the passport card, and any 
                        subsequent change to that technology, has been 
                        shared with the governments of Canada and 
                        Mexico;
                            ``(iii) an agreement has been reached with 
                        the United States Postal Service on the fee to 
                        be charged individuals for the passport card, 
                        and a detailed justification has been submitted 
                        to the Committees on Appropriations of the 
                        Senate and the House of Representatives;
                            ``(iv) an alternative procedure has been 
                        developed for groups of children traveling 
                        across an international border under adult 
                        supervision with parental consent;
                            ``(v) the necessary technological 
                        infrastructure to process the passport cards 
                        has been installed, and all employees at ports 
                        of entry have been properly trained in the use 
                        of the new technology;
                            ``(vi) the passport card has been made 
                        available for the purpose of international 
                        travel by United States citizens through land 
                        and sea ports of entry between the United 
                        States and Canada, Mexico, the Caribbean and 
                        Bermuda; and
                            ``(vii) a single implementation date for 
                        sea and land borders has been established.''.
    Sec. 539. Notwithstanding any time limitation established for a 
grant awarded under title I, chapter 6, Public Law 106-31, in the item 
relating to Federal Emergency Management Agency--Disaster Assistance 
for Unmet Needs, the City of Cuero, Texas, may use funds received under 
such grant program until September 30, 2007.
    Sec. 540. None of the funds made available in this Act for United 
States Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug (within 
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic 
Act) from importing a prescription drug from Canada that complies with 
the Food, Drug, and Cosmetic Act.
    Sec. 541. The Secretary of Homeland Security shall submit a report 
to the Committees on Appropriations of the Senate and the House of 
Representatives, not later than February 8, 2007, that--
            (1) identifies activities being carried out by the 
        Department of Homeland Security to improve--
                    (A) the targeting of agricultural inspections;
                    (B) the ability of United States Customs and Border 
                Protection to adjust to new agricultural threats; and
                    (C) the in-service training for interception of 
                prohibited plant and animal products and agricultural 
                pests under the agriculture quarantine inspection 
                monitoring program of the Animal and Plant Health 
                Inspection Service; and
            (2) describes the manner in which the Secretary of Homeland 
        Security will coordinate with the Secretary of Agriculture and 
        State and local governments in carrying out the activities 
        described in paragraph (1).
    Sec. 542. Any limitation, directive, or earmarking contained in 
either the House of Representatives or Senate report accompanying H.R. 
5441 shall also be included in the conference report or joint statement 
accompanying H.R. 5441 in order to be considered as having been 
approved by both Houses of Congress.
    Sec. 543. Any reports required in this Act and accompanying reports 
to be submitted to the Committees on Appropriations and the Department 
of Homeland Security's annual justifications of the President's budget 
request shall be posted on the Department of Homeland Security's public 
website not later than 48 hours after such submission unless 
information in the report compromises national security.
    Sec. 544. Notwithstanding any other provision of this Act, 
$1,000,000 shall be made available from appropriations for training, 
exercises, technical assistance, and other programs under paragraph (4) 
under the subheading ``state and local programs'' under the heading 
``Office for Domestic Preparedness'' under title III, for the Chief 
Financial Officer of the Department of Homeland Security to ensure 
compliance with the Improper Payments Information Act of 2002 (31 
U.S.C. 3321 note).
    Sec. 545. None of the amounts available or otherwise available to 
the Coast Guard under title II of this Act under the heading ``United 
States Coast Guard'' under the heading ``operating expenses'' may be 
obligated or expended for the continuation of operations at Long Range 
Aids to Navigation (LORAN) stations nationwide, except in Alaska, the 
far northwest, and the far northeast continental United States of 
America.
    Sec. 546. No amount appropriated by this or any other Act may be 
used to enforce or comply with any statutory limitation on the number 
of employees in the Transportation Security Administration, before or 
after its transfer to the Department of Homeland Security from the 
Department of Transportation, and no amount appropriated by this or any 
other Act may be used to enforce or comply with any administrative rule 
or regulation imposing a limitation on the recruiting or hiring of 
personnel into the Transportation Security Administration to a maximum 
number of permanent positions, except to the extent that enforcement or 
compliance with that limitation does not prevent the Secretary of 
Homeland Security from recruiting and hiring such personnel into the 
Administration as may be necessary--
            (1) to provide appropriate levels of aviation security; and
            (2) to accomplish that goal in such a manner that the 
        average aviation security-related delay experienced by airline 
        passengers is reduced to a level of 10 minutes.
    Sec. 547. Not later than 6 months after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit a report to 
the Committees on Appropriations of the Senate and the House of 
Representatives with an assessment of short-term (defined as within 2 
years after the date of enactment of this Act), intermediate-term 
(defined as between 2 years and 4 years after such date of enactment), 
and long-term (defined as more than 4 years after such date of 
enactment) actions necessary for the Department of Homeland Security to 
take in order to assist Federal, State, and local governments achieve 
communications interoperability, including equipment acquisition, 
changes in governance structure, and training.
    Sec. 548. (a) Section 114 of title 49, United States Code, is 
amended by striking subsection (o) and redesignating subsections (p) 
through (t) as subsections (o) through (s), respectively.
    (b) The amendment made by subsection (a) shall take effect 180 days 
after the date of enactment of this Act.
    Sec. 549. Data-Mining. (a) Definitions.--In this section:
            (1) Data-mining.--The term ``data-mining'' means a query or 
        search or other analysis of 1 or more electronic databases, 
        whereas--
                    (A) at least 1 of the databases was obtained from 
                or remains under the control of a non-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.--Each 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 2007.
    Sec. 550. (a) Not later than 6 months after the date of enactment 
of this Act, the Secretary of Homeland Security shall hereafter issue 
interim final regulations that establish homeland security 
requirements, including minimum standards and required submission of 
facility security plans to the Secretary, for chemical facilities that 
the Secretary determines present the greatest security risk and that 
are not currently regulated under Federal law for homeland security 
purposes.
    (b) Interim regulations under this section shall apply to a 
chemical facility until the effective date of final regulations issued 
under other laws by the Secretary, that establish requirements and 
standards referred to in subsection (a) that apply with respect to that 
facility.
    (c) Any person that violates an interim regulation issued under 
this section shall be liable for a civil penalty under section 70117 of 
title 46, United States Code.
    Sec. 551. Not later than 1 year after the date of enactment of this 
Act, the Secretary of Homeland Security shall establish and conduct a 
pilot program at the Northern Border Air Wing bases of the Office of 
CBP Air and Marine, United States Customs and Border Protection, 
working expeditiously with the Administrator of the Federal Aviation 
Administration to test unmanned aerial vehicles for border surveillance 
along the international marine and land border between Canada and the 
United States.
    Sec. 552. Not later than February 8, 2007, the Assistant Secretary 
for Immigration and Customs Enforcement of the Department of Homeland 
Security shall submit a report to Congress on the costs and need for 
establishing a sub-office in Greeley, Colorado.
    Sec. 553. Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report on the feasibility and advisability of 
locating existing Louisiana facilities and assets of the Coast Guard in 
the Federal City Project of New Orleans, Louisiana, as described in the 
report of the Defense Base Closure and Realignment Commission submitted 
to the President in 2005 during the 2005 round of defense base closure 
and realignment under the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
    Sec. 554. Notwithstanding any other provision of this Act, funding 
made available under title VII, under the heading United states coast 
guard acquisition, construction, and improvements may be used to 
acquire law enforcement patrol boats.
    Sec. 555. Screening of Municipal Solid Waste. (a) Definitions.--In 
this section:
            (1) Bureau.--The term `` Bureau'' means the Bureau of 
        Customs and Border Protection.
            (2) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given the term in section 31101 of 
        title 49, United States Code.
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau.
            (4) Municipal solid waste.--The term ``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 Act, the Commissioner shall submit to Congress a 
report 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 those materials 
        in other items of commerce entering the United States through 
        commercial motor vehicle transport; and
            (2) if the report indicates that the methodologies and 
        technologies used to screen municipal solid waste are less 
        effective than those used to screen other items of commerce, 
        identifies the actions that the Bureau will take to achieve the 
        same level of effectiveness in the screening of municipal solid 
        waste, including actions necessary to meet the need for 
        additional screening technologies.
    (c) Impact on Commercial Motor Vehicles.--If the Commissioner fails 
to fully implement an action identified under subsection (b)(2) before 
the earlier of the date that is 180 days after the date on which the 
report under subsection (b) is required to be submitted or the date 
that is 180 days after the date on which the report is submitted, the 
Secretary shall deny entry into the United States of any commercial 
motor vehicle carrying municipal solid waste until the Secretary 
certifies to Congress that the 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 those materials in other items of commerce entering into the 
United States through commercial motor vehicle transport.
    Sec. 556. (a) Construction of Border Tunnel or Passage.--Chapter 27 
of title 18, United States Code, is amended by adding at the end the 
following:
``Sec. 554. Border tunnels and passages
    ``(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by the Bureau 
of Immigration and Customs Enforcement, shall be fined under this title 
and imprisoned for not more than 20 years.
    ``(b) Any person who knows or recklessly disregards the 
construction or use of a tunnel or passage described in subsection (a) 
on land that the person owns or controls shall be fined under this 
title and imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation of 
section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organization 
(as defined in section 2339B(g)(6)) shall be subject to a maximum term 
of imprisonment that is twice the maximum term of imprisonment that 
would have otherwise been applicable had the unlawful activity not made 
use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 554. Border tunnels and passages.''.
    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ``554,'' before ``1425,''.
    (d) Directive to the United States Sentencing Commission.--
            (1) In general.--Pursuant to its authority under section 
        994 of title 28, United States Code, and in accordance with 
        this subsection, the United States Sentencing Commission shall 
        promulgate or amend sentencing guidelines to provide for 
        increased penalties for persons convicted of offenses described 
        in section 554 of title 18, United States Code, as added by 
        subsection (a).
            (2) Requirements.--In carrying out this subsection, the 
        United States Sentencing Commission shall--
                    (A) ensure that the sentencing guidelines, policy 
                statements, and official commentary reflect the serious 
                nature of the offenses described in section 554 of 
                title 18, United States Code, and the need for 
                aggressive and appropriate law enforcement action to 
                prevent such offenses;
                    (B) provide adequate base offense levels for 
                offenses under such section;
                    (C) account for any aggravating or mitigating 
                circumstances that might justify exceptions, 
                including--
                            (i) the use of a tunnel or passage 
                        described in subsection (a) of such section to 
                        facilitate other felonies; and
                            (ii) the circumstances for which the 
                        sentencing guidelines currently provide 
                        applicable sentencing enhancements;
                    (D) ensure reasonable consistency with other 
                relevant directives, other sentencing guidelines, and 
                statutes;
                    (E) make any necessary and conforming changes to 
                the sentencing guidelines and policy statements; and
                    (F) ensure that the sentencing guidelines 
                adequately meet the purposes of sentencing set forth in 
                section 3553(a)(2) of title 18, United States Code.
    Sec. 557. Notwithstanding any other provision of law, the Secretary 
of Homeland Security shall provide personnel and equipment to improve 
national security by inspecting international shipments of municipal 
solid waste, and shall levy a fee limited to the approximate cost of 
such inspections.
    Sec. 558. (a) Not later than 6 months after the date of enactment 
of this Act, the Secretary of Homeland Security, in coordination with 
the Secretary of State, the Federal Communications Commission, and 
relevant agencies in the States of Alaska, Idaho, Montana, Oregon, and 
Washington, shall--
            (1) evaluate the technical and operational challenges with 
        respect to interoperable communications facing regional, local, 
        State, and Federal authorities in preparing for the 2010 
        Olympics; and
            (2) develop an integrated plan for addressing such 
        technical and operational challenges.
    (b) The Secretary of Homeland Security shall submit and present the 
plan developed under subsection (a) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives.
    Sec. 559. The Secretary of Homeland Security may not take any 
action to alter or reduce operations within the Civil Engineering 
Program of the Coast Guard nationwide, including the civil engineering 
units, facilities, and design and construction centers, the Coast Guard 
Academy, and the Research and Development Center until the Committees 
on Appropriations and Commerce, Science, and Transportation of the 
Senate receive and approve a plan on changes to the Civil Engineering 
Program of the Coast Guard. The plan shall include a description of the 
current functions of the Civil Engineering Program and a description of 
any proposed modifications of such functions and of any proposed 
modification of personnel and offices, including the rationale for such 
modification, an assessment of the costs and benefits of such 
modification, any proposed alternatives to such modification, and the 
processes utilized by the Coast Guard and the Office of Management and 
Budget to analyze and assess such modification.
    Sec. 560. (a) All amounts made available under this Act for travel 
and transportation shall be reduced by $43,000,000.
    (b) All amounts made available under this Act for printing and 
reproduction shall be reduced by $1,000,000.
    Sec. 561. None of the funds made available by this Act may be used 
to take an action that would violate Executive Order 13149 (65 Fed. 
Reg. 24607; relating to greening the government through Federal fleet 
and transportation efficiency).
    Sec. 562. (a) The Transportation Security Administration shall 
require each air carrier and foreign air carrier that provides air 
transportation or intrastate air transportation to submit plans to the 
Transportation Security Administration on how such air carrier will 
participate in the voluntary provision of emergency services program 
established by section 44944(a) of title 49, United States Code.
    (b)(1) Not more than 90 days after the date of the enactment of 
this Act, the Transportation Security Administration shall prepare a 
report that contains the following:
            (A) Procedures that qualified individuals need to follow in 
        order to participate in the program described in subsection 
        (a).
            (B) Relevant contacts for individuals interested in 
        participating in the program described in subsection (a).
    (2) The Transportation Security Administration shall make the 
report required by paragraph (1) available, by Internet web site or 
other appropriate method, to the following:
            (A) The Congress.
            (B) The emergency response agency of each State.
            (C) The relevant organizations representing individuals to 
        participate in the program.
    Sec. 563. Not later than 90 days after the date of enactment of 
this Act, the Director of the Federal Emergency Management Agency in 
conjunction with the Director of the National Institutes of Standards 
and Technology shall submit a report to the Senate Committee on 
Appropriations outlining Federal earthquake response plans for high-
risk earthquake regions in the United States as determined by the 
United States Geological Survey.
    Sec. 564. Not later than 6 months after the date of enactment of 
this Act, the Secretary of Homeland Security shall establish revised 
procedures for expeditiously clearing individuals whose names have been 
mistakenly placed on a terrorist database list or who have names 
identical or similar to individuals on a terrorist database list. The 
Secretary shall advise Congress of the procedures established.
    Sec. 565. Of the amount appropriated or otherwise made available by 
title II of this Act under the heading ``United States Coast Guard'', 
``operating expenses'', $13,934,000 may be available for the purpose of 
the National Capital Region Air Defense mission of the Coast Guard.
    Sec. 566. (a) The Congress makes the following findings:
            (1) Domestic methamphetamine production in both small-and 
        large-scale laboratories is decreasing as a result of law 
        enforcement pressure and public awareness campaigns.
            (2) It is now estimated that 80 percent of methamphetamine 
        consumed in the United States originates in Mexico and is 
        smuggled into the United States.
            (3) The movement of methamphetamine into the United States 
        poses new law enforcement challenges at the border, in the 
        financial system, and in communities affected by 
        methamphetamine.
            (4) Customs and Border Protection is working to stop the 
        spread of methamphetamine by examining the movement of the drug 
        and its precursors at the borders and points of entry.
            (5) Customs and Border Protection is a vital source of 
        information for the Drug Enforcement Administration and other 
        law enforcement agencies.
    (b) It is the sense of the Senate that Customs and Border 
Protection should continue to focus on methamphetamine in its reporting 
and analysis of trade flows to prevent the spread of methamphetamine 
throughout the United States.
    Sec. 567. Not later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committee on Appropriations a report addressing the compliance by the 
Department of Homeland Security with the recommendations set forth in 
the July 6, 2006, Inspector General of Homeland Security report 
entitled ``Progress in Developing the National Asset Database''. The 
report shall include the status of the prioritization of assets by the 
Department of Homeland Security into high-value, medium-value, and low-
value asset tiers, and how such tiers will be used by the Secretary of 
Homeland Security in the issuance of grant funds.
    Sec. 568. (a) Not later than 60 days after the initiation of any 
contract relating to the Secure Border Initiative that is valued at 
more than $20,000,000, and upon the conclusion of the performance of 
such contract, the Inspector General of the Department of Homeland 
Security shall review each action relating to such contract to 
determine whether such action fully complies with applicable cost 
requirements, performance objectives, program milestones, inclusion of 
small, minority-owned, and women-owned businesses, and time lines.
    (b) If a contract review under subsection (a) uncovers information 
regarding improper conduct or wrongdoing, the Inspector General shall, 
as expeditiously as practicable, submit such information to the 
Secretary of Homeland Security, or to another appropriate official of 
the Department of Homeland Security, who shall determine if the 
contractor should be suspended from further participation in the Secure 
Border Initiative.
    (c) Upon the completion of each review under subsection (a), the 
Inspector General shall submit a report to the Secretary that contains 
the findings of the review, including findings regarding--
            (1) cost overruns;
            (2) significant delays in contract execution;
            (3) lack of rigorous departmental contract management;
            (4) insufficient departmental financial oversight;
            (5) contract bundling that limits the ability of small 
        businesses to compete; or
            (6) other high risk business practices.
    (d)(1) Not later than 30 days after the receipt of each report 
submitted under subsection (c), the Secretary shall submit a report to 
the congressional committees listed in paragraph (3) that describes--
            (A) the findings of the report received from the Inspector 
        General; and
            (B) the steps the Secretary has taken, or plans to take, to 
        address the problems identified in the report.
    (2) Not later than 60 days after the initiation of each contract 
action with a company whose headquarters is outside of the United 
States, the Secretary shall submit a report regarding the Secure Border 
Initiative to the congressional committees listed in paragraph (3).
    (3) The congressional committees listed in this paragraph are--
            (A) the Committee on Appropriations of the Senate;
            (B) the Committee on Appropriations of the House of 
        Representatives;
            (C) the Committee on the Judiciary of the Senate;
            (D) the Committee on the Judiciary of the House of 
        Representatives;
            (E) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (F) the Committee on Homeland Security of the House of 
        Representatives.
    Sec. 569. Of the amount appropriated by title VI for Customs and 
Border Protection for Air and Marine Interdiction, Operations, 
Maintenance, and Procurement, such funds as are necessary may be 
available for the establishment of the final Northern border air wing 
site in Michigan.
    Sec. 570. None of the funds appropriated by this Act shall be used 
for the seizure of a firearm based on the existence of a declaration or 
state of emergency.
    Sec. 571. Pilot Integrated Scanning System. (a) Designations.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        (referred to in this section as the ``Secretary'') shall 
        designate 3 foreign seaports through which containers pass or 
        are transshipped to the United States to pilot an integrated 
        scanning system that couples nonintrusive imaging equipment and 
        radiation detection equipment, which may be provided by the 
        Megaports Initiative of the Department of Energy. In making 
        designations under this subsection, the Secretary shall 
        consider 3 distinct ports with unique features and differing 
        levels of trade volume.
            (2) Collaboration and cooperation.--The Secretary shall 
        collaborate with the Secretary of Energy and cooperate with the 
        private sector and host foreign government to implement the 
        pilot program under this subsection.
    (b) Implementation.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall achieve a full-scale 
implementation of the pilot integrated screening system, which shall--
            (1) scan all containers destined for the United States that 
        transit through the terminal;
            (2) electronically transmit the images and information to 
        the container security initiative personnel in the host country 
        and/or Customs and Border Protection personnel in the United 
        States for evaluation and analysis;
            (3) resolve every radiation alarm according to established 
        Department procedures;
            (4) utilize the information collected to enhance the 
        Automated Targeting System or other relevant programs; and
            (5) store the information for later retrieval and analysis.
    (c) Report.--Not later than 120 days after achieving full-scale 
implementation under subsection (b), the Secretary, in consultation 
with the Secretary of Energy and the Secretary of State, shall submit a 
report, to the appropriate congressional committees, that includes--
            (1) an evaluation of the lessons derived from the pilot 
        program implemented under this section;
            (2) an analysis of the efficacy of the Automated Targeted 
        System or other relevant programs in utilizing the images 
        captured to examine high-risk containers;
            (3) an evaluation of software that is capable of 
        automatically identifying potential anomalies in scanned 
        containers; and
            (4) a plan and schedule to expand the integrated scanning 
        system developed under this section to other container security 
        initiative ports.
    (d) Implementation.--As soon as practicable and possible after the 
date of enactment of this Act, an integrated scanning system shall be 
implemented to scan all containers entering the United States prior to 
arrival in the United States.
    Sec. 572. Expansion of the National Infrastructure Simulation and 
Analysis Center.
    (a) Definitions.--In this section:
            (1) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term in section 
        1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
            (2) Emergency and major disaster.--The terms ``emergency'' 
        and ``major disaster'' have the meanings given the terms in 
        section 102 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5122).
            (3) National infrastructure simulation and analysis 
        center.--The term ``National Infrastructure Simulation and 
        Analysis Center'' means the National Infrastructure Simulation 
        and Analysis Center established under section 1016(d) of the 
        USA PATRIOT Act (42 U.S.C. 5195c(d)).
            (4) Protect.--The term ``protect'' means to reduce the 
        vulnerability of critical infrastructure in order to deter, 
        mitigate, or neutralize an emergency, natural disaster, 
        terrorist attack, or other catastrophic event.
    (b) Authority.--
            (1) In general.--The National Infrastructure Simulation and 
        Analysis Center shall serve as a source of national competence 
        to address critical infrastructure protection and continuity 
        through support for activities related to--
                    (A) counterterrorism, threat assessment, and risk 
                mitigation; and
                    (B) an emergency, natural disaster, terrorist 
                attack, or other catastrophic event.
            (2) Infrastructure modeling.--
                    (A) Particular support.--The support provided under 
                paragraph (1) shall include modeling, simulation, and 
                analysis of the systems comprising critical 
                infrastructure, in order to enhance critical 
                infrastructure preparedness, protection, response, and 
                recovery activities.
                    (B) Relationship with other agencies.--Each Federal 
                agency and department with critical infrastructure 
                responsibilities under Homeland Security Presidential 
                Directive 7, or any successor to such directive, shall 
                establish a formal relationship, including an agreement 
                regarding information sharing, between the elements of 
                such agency or department and the National 
                Infrastructure Simulation and Analysis Center.
                    (C) Purpose.--
                            (i) In general.--The purpose of the 
                        relationship under subparagraph (B) shall be to 
                        permit each Federal agency and department 
                        described in subparagraph (B) to take full 
                        advantage of the capabilities of the National 
                        Infrastructure Simulation and Analysis Center 
                        consistent with its workload capacity and 
                        priorities (particularly vulnerability and 
                        consequence analysis) for real-time response to 
                        reported and projected emergencies, natural 
                        disasters, terrorist attacks, or other 
                        catastrophic events.
                            (ii) Recipient of certain support.--
                        Modeling, simulation, and analysis provided 
                        under this subsection shall be provided to 
                        relevant Federal agencies and departments, 
                        including Federal agencies and departments with 
                        critical infrastructure responsibilities under 
                        Homeland Security Presidential Directive 7, or 
                        any successor to such directive.
    Sec. 573. Notwithstanding any other provisions of law, the 
Secretary of Homeland Security shall consult with National Council on 
Radiation Protection and Measurements (in this section referred to as 
the ``NCRP'') and other qualified organizations and government 
organizations in preparing guidance and recommendations for emergency 
responders, to assist recovery operations, and to protect the general 
public with respect to radiological terrorism, threats, and events.
    Sec. 574. The Comptroller General shall provide a report to the 
Senate and House Committees on Appropriations no later than thirty days 
after enactment describing the impact on public safety and on the 
effectiveness of screening operations resulting from the modification 
of the list of items prohibited from being carried aboard a passenger 
aircraft operated by an air carrier or foreign air carrier in air 
transportation or intrastate air transportation set forth in section 
1540 of title 49, Code of Federal Regulations, as of December 1, 2005, 
to be carried aboard a passenger aircraft.

                                TITLE VI

              BORDER SECURITY INFRASTRUCTURE ENHANCEMENTS

    Sec. 601. (a) Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall adjust fees charged by the 
Department against any non-United States citizen by notice in the 
Federal Register no later than January 1, 2007, to achieve not less 
than $350,000,000 in additional receipts by September 30, 2007: 
Provided, That the Secretary may adjust only those fees authorized 
under the Immigration and Nationality Act and the Illegal Immigration 
Reform and Immigrant Responsibility Act: Provided further, That this 
adjustment shall be in addition to fees authorized under 8 United 
States Code 1356.
    (b) Amounts collected under subsection (a) shall be deposited in 
the accounts as provided by 8 United States Code 1356: Provided, That 
of the total amount collected pursuant to subsection (a) the Secretary 
shall transfer the following amounts:
            (1) $25,000,000 to Customs and Border Protection ``Salaries 
        and Expenses'' for vehicle replacement;
            (2) $105,000,000 to Customs and Border Protection ``Air and 
        Marine Interdiction, Operations, Maintenance, and Procurement'' 
        for air asset replacement and air operations facilities 
        upgrades;
            (3) $90,000,000 to Customs and Border Protection 
        ``Construction'';
            (4) $30,000,000 to Immigration and Customs Enforcement 
        ``Salaries and Expenses'' for vehicle replacement; and,
            (5) $15,000,000 to Immigration and Customs Enforcement 
        ``Automation Modernization''.
    (c) Of the total amount collected pursuant to subsection (a) 
$85,000,000 shall be made available to United States Citizenship and 
Immigration Services: Provided, That of the additional amount 
available, $47,000,000 shall be for Business Transformation and 
$38,000,000 shall be for Fraud Detection and National Security 
initiatives.
    (d) Amounts deposited under paragraph (b) shall remain available 
until expended for the activities and services described in paragraphs 
(b) and (c).

                               TITLE VII

       SUPPLEMENTAL APPROPRIATIONS FOR PORT SECURITY ENHANCEMENTS

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to enhance port security for the 
fiscal year ending September 30, 2006, and for other purposes, namely:

                     Customs and Border Protection

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$251,000,000, to remain available until expended.

                       United States Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'', $23,000,000, 
to remain available until expended: Provided, That funding is available 
to accelerate foreign port security assessments, conduct domestic port 
vulnerability assessments, and perform unscheduled security audits of 
facilities regulated by chapter 701 of title 46, United States Code, 
commonly known as the Maritime Transportation Security Act of 2002.

              Acquisition, Construction, and Improvements

    For an additional amount for ``Acquisition, Construction, and 
Improvements'' for acquisition, construction, renovation, and 
improvement of vessels, aircraft, and equipment, $184,000,000 for the 
Integrated Deepwater Systems program, to remain available until 
expended: Provided, That funding is available to acquire maritime 
patrol aircraft and parent craft patrol boats, to provide armed 
helicopter capability, and to sustain the medium endurance cutter 
fleet.

                    Office for Domestic Preparedness

                        state and local programs

    For an additional amount for ``State and Local Programs'', 
$190,000,000 to remain available until September 30, 2007: Provided, 
That the entire amount shall be for port security grants pursuant to 
the purposes of subsection (a) through (h) of section 70107 of title 
46, United States Code, which shall be awarded based on risk 
notwithstanding subsection (a), for eligible costs as defined in 
paragraphs (2), (3), and (4) of subsection (b).

                               TITLE VIII

              UNITED STATES EMERGENCY MANAGEMENT AUTHORITY

    Sec. 801. Short Title.
    This title may be cited as the ``United States Emergency Management 
Authority Act of 2006''.
    Sec. 802. United States Emergency Management Authority.
    Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) 
is amended--
            (1) by striking the title heading and inserting the 
        following:

            ``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE'';

            (2) by striking sections 501 through 503;
            (3) by striking sections 506 and 507;
            (4) by redesignating sections 504, 505, 508, and 509 as 
        sections 521, 522, 523, and 524, respectively;
            (5) by redesignating section 510 (relating to procurement 
        of security countermeasures for the strategic national 
        stockpile) as section 525;
            (6) by redesignating section 510 (relating to urban and 
        other high risk area communications capabilities) as section 
        526; and
            (7) by inserting before section 521, as so redesignated by 
        this section, the following:

``SEC. 501. DEFINITIONS.

    ``In this title--
            ``(1) the term `all-hazards-plus' means an approach to 
        preparedness, response, recovery, and mitigation that 
        emphasizes the development of capabilities that are common to 
        natural and man-made disasters, while also including the 
        development of capabilities that are uniquely relevant to 
        specific types of disasters;
            ``(2) the term `Authority' means the United States 
        Emergency Management Authority established under section 502;
            ``(3) the term `Administrator' means the Administrator of 
        the Authority;
            ``(4) the term `Federal coordinating officer' means a 
        Federal coordinating officer as described in section 302 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5143);
            ``(5) the term `National Advisory Council' means the 
        National Advisory Council on Emergency Preparedness and 
        Response established under section 508;
            ``(6) the term `National Incident Management System' means 
        the National Incident Management System as described in the 
        National Response Plan;
            ``(7) the term `National Response Plan' means the National 
        Response Plan prepared under Homeland Security Presidential 
        Directive 5 or any presidential directive meant to replace or 
        augment that directive;
            ``(8) the term `Nuclear Incident Response Team' means a 
        resource that includes--
                    ``(A) those entities of the Department of Energy 
                that perform nuclear or radiological emergency support 
                functions (including accident response, search 
                response, advisory, and technical operations 
                functions), radiation exposure functions at the medical 
                assistance facility known as the Radiation Emergency 
                Assistance Center/Training Site (REAC/TS), radiological 
                assistance functions, and related functions; and
                    ``(B) those entities of the Environmental 
                Protection Agency that perform such support functions 
                (including radiological emergency response functions) 
                and related functions;
            ``(9) the term `Regional Advisory Council' means a Regional 
        Advisory Council on Preparedness and Response established under 
        section 503;
            ``(10) the term `Regional Administrator' means a Regional 
        Administrator for Preparedness and Response appointed under 
        section 507;
            ``(11) the term `Regional Office' means a Regional Office 
        established under section 507; and
            ``(12) the term `surge capacity' means the ability to 
        rapidly and substantially increase the provision of search and 
        rescue capabilities, food, water, medicine, shelter and 
        housing, medical care, evacuation capacity, staffing, including 
        disaster assistance employees, and other resources necessary to 
        save lives and protect property during a catastrophic incident, 
        or other natural or man-made disaster.

``SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.

    ``(a) In General.--There is established in the Department the 
United States Emergency Management Authority, headed by an 
Administrator.
    ``(b) Mission.--The mission of the Authority is to--
            ``(1) lead the Nation's efforts to prepare for, respond to, 
        recover from, and mitigate the risks of natural and man-made 
        disasters, including catastrophic incidents;
            ``(2) partner with State and local governments and 
        emergency response providers, with other Federal agencies, with 
        the private sector, and with nongovernmental organizations to 
        build a national system of emergency management that can 
        effectively and efficiently utilize the full measure of the 
        Nation's resources to respond to a catastrophic incident or 
        other natural or man-made disaster;
            ``(3) develop a Federal response capability that, when 
        necessary and appropriate, can act effectively, rapidly, and 
        proactively to deliver assistance essential to saving lives or 
        protecting or preserving property or public health and safety 
        in a natural or man-made disaster;
            ``(4) fuse the Department's emergency response, 
        preparedness, recovery, mitigation, and critical infrastructure 
        assets into a new, integrated organization that can effectively 
        confront the challenges of a natural or man-made disaster;
            ``(5) develop and maintain robust Regional Offices that 
        will work with State and local governments and emergency 
        response providers to identify and address regional priorities;
            ``(6) under the leadership of the Secretary, coordinate 
        with the Commandant of the Coast Guard, the Director of Customs 
        and Border Protection, the Director of Immigration and Customs 
        Enforcement, the National Operations Center, and other agencies 
        and offices in the Department to take full advantage of the 
        substantial range of resources in the Department that can be 
        brought to bear in preparing for and responding to a natural or 
        man-made disaster;
            ``(7) carry out the provisions of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.);
            ``(8) provide funding, training, exercises, technical 
        assistance, planning, and other assistance, to build local, 
        State, regional, and national capabilities, including 
        communications capabilities, necessary to respond to a 
        potential natural or man-made disaster;
            ``(9) implement an all-hazards-plus strategy for 
        preparedness that places priority on building those common 
        capabilities necessary to respond to both terrorist attacks and 
        natural disasters while also building the unique capabilities 
        necessary to respond to specific types of incidents that pose 
        the greatest risk to our Nation; and
            ``(10) promote, plan for, and facilitate the security and 
        resiliency of critical infrastructure and key resources, 
        including cyber infrastructure, against a natural or man-made 
        disaster, and the post-disaster restoration of such critical 
        infrastructure and key resources.
    ``(c) Administrator.--
            ``(1) In general.--The Administrator shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            ``(2) Qualifications.--The Administrator shall have not 
        less than 5 years of executive leadership and management 
        experience in the public or private sector, significant 
        experience in crisis management or another relevant field, and 
        a demonstrated ability to manage a substantial staff and 
        budget.
            ``(3) Reporting.--The Administrator shall report to the 
        Secretary, without being required to report through any other 
        official of the Department.
            ``(4) Principal advisor on emergency preparedness and 
        response.--
                    ``(A) In general.--The Administrator is the 
                principal emergency preparedness and response advisor 
                to the President, the Homeland Security Council, and 
                the Secretary.
                    ``(B) Advice and recommendations.--
                            ``(i) In general.--In presenting advice 
                        with respect to any matter to the President, 
                        the Homeland Security Council, or the 
                        Secretary, the Administrator shall, as the 
                        Administrator considers appropriate, inform the 
                        President, the Homeland Security Council, or 
                        the Secretary, as the case may be, of the range 
                        of emergency mitigation, preparedness, 
                        response, and recovery options with respect to 
                        that matter.
                            ``(ii) Advice on request.--The 
                        Administrator, as an emergency preparedness and 
                        response advisor, shall provide advice to the 
                        President, the Homeland Security Council, or 
                        the Secretary on a particular matter when the 
                        President, the Homeland Security Council, or 
                        the Secretary requests such advice.
                            ``(iii) Recommendations to congress.--After 
                        informing the Secretary, the Administrator may 
                        make such recommendations to Congress relating 
                        to emergency preparedness and response as the 
                        Administrator considers appropriate.
                    ``(C) Retention of authority.--Nothing in this 
                paragraph shall be construed as affecting the authority 
                of the Secretary under this Act.

``SEC. 503. AUTHORITIES AND RESPONSIBILITIES.

    ``(a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for and respond to a natural or man-
made disaster, including--
            ``(1) carrying out the mission to reduce the loss of life 
        and property and protect the Nation from all hazards by leading 
        and supporting the Nation in a comprehensive, risk-based 
        emergency preparedness and response program of--
                    ``(A) mitigation, by taking sustained actions to 
                reduce or eliminate long-term risk to people and 
                property from hazards and their effects;
                    ``(B) preparedness, by planning, training, and 
                building the emergency preparedness and response 
                workforce to prepare effectively for, mitigate against, 
                respond to, and recover from any hazard;
                    ``(C) response, by conducting emergency operations 
                to save lives and property through positioning 
                emergency equipment, personnel, and supplies, through 
                evacuating potential victims, through providing food, 
                water, shelter, and medical care to those in need, and 
                through restoring critical public services;
                    ``(D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can function 
                on their own, return to normal life, and protect 
                against future hazards; and
                    ``(E) critical infrastructure protection, by 
                establishing an inventory of, and protections for, 
                public and private sector critical infrastructure, 
                including cyber and communications assets;
            ``(2) increasing efficiencies, by coordinating efforts 
        relating to mitigation, preparedness, response, recovery, and 
        infrastructure protection;
            ``(3) helping to ensure the effectiveness of emergency 
        response providers in responding to a natural or man-made 
        disaster;
            ``(4) providing the Federal Government's response to a 
        natural or man-made disaster, including--
                    ``(A) managing such response;
                    ``(B) directing the Domestic Emergency Support 
                Team, the National Disaster Medical System, and (when 
                operating as an organizational unit of the Department 
                under this title) the Nuclear Incident Response Team;
                    ``(C) overseeing the Metropolitan Medical Response 
                System; and
                    ``(D) coordinating other Federal response 
                resources, including requiring deployment of the 
                Strategic National Stockpile, in the event of a natural 
                or man-made disaster;
            ``(5) working with Federal, State, and local government 
        personnel, agencies, and authorities to build a comprehensive 
        national incident management system to respond to a natural or 
        man-made disaster;
            ``(6) with respect to the Nuclear Incident Response Team 
        (regardless of whether it is operating as an organizational 
        unit of the Department under this title)--
                    ``(A) establishing standards and certifying when 
                those standards have been met;
                    ``(B) conducting joint and other exercises and 
                training and evaluating performance; and
                    ``(C) providing funds to the Department of Energy 
                and the Environmental Protection Agency, as 
                appropriate, for homeland security planning, exercises 
                and training, and equipment;
            ``(7) helping to ensure that emergency response providers 
        acquire interoperable and sustainable technology;
            ``(8) assisting the President in carrying out the functions 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.);
            ``(9) administering homeland security emergency management, 
        first responder, and other preparedness grants;
            ``(10) administering and implementing the National Response 
        Plan, including monitoring, evaluating, and ensuring the 
        readiness of each emergency support function under the National 
        Response Plan;
            ``(11) coordinating with the National Advisory Council;
            ``(12) ensuring the protection of critical infrastructure 
        by--
                    ``(A) carrying out the responsibilities under 
                paragraphs (2) through (6) of section 201(d);
                    ``(B) helping ensure the protection and resiliency 
                of key resources and critical infrastructure, including 
                cyber infrastructure, against a natural or man-made 
                disaster; and
                    ``(C) planning for, assisting with, and 
                facilitating, the restoration of key resources and 
                critical infrastructure, including cyber 
                infrastructure, in the event of a natural or man-made 
                disaster;
            ``(13) establishing in each Regional Office a Regional 
        Advisory Council on Preparedness and Response, to advise the 
        Regional Administrator of that Regional Office on emergency 
        preparedness and response issues specific to the region; and
            ``(14) otherwise carrying out the mission of the Authority 
        as described in section 502(b).
    ``(b) Additional Responsibilities Related to Catastrophic 
Incidents.--
            ``(1) In general.--The Administrator, in consultation with 
        the Secretary and other senior Department officials, shall 
        develop a national emergency management system that is capable 
        of responding to catastrophic incidents.
            ``(2) Identification of resources.--
                    ``(A) In general.--The Administrator shall develop 
                and submit to Congress annually an estimate of the 
                resources of the Authority and other Federal agencies 
                needed for and devoted specifically to developing 
                local, State, and national capabilities necessary to 
                respond to a catastrophic incident.
                    ``(B) Contents.--Each estimate under subparagraph 
                (A) shall include the resources both necessary for and 
                devoted to--
                            ``(i) planning;
                            ``(ii) training and exercises;
                            ``(iii) Regional Office enhancements;
                            ``(iv) staffing, including for surge 
                        capacity during a catastrophic event;
                            ``(v) additional logistics capabilities;
                            ``(vi) other responsibilities under the 
                        Catastrophic Incident Annex of the Catastrophic 
                        Incident Supplement of the National Response 
                        Plan; and
                            ``(vii) State and local catastrophic 
                        preparedness.
    ``(c) All-Hazards-Plus Approach.--In carrying out this section, the 
Administrator shall implement an all-hazards-plus strategy that places 
priority on building those common capabilities necessary to prepare 
for, respond to, recover from, and mitigate the risks of terrorist 
attacks and natural disasters, while also building the unique 
capabilities necessary to prepare for, respond to, recover from, and 
mitigate the risks of specific types of incidents that pose the 
greatest risk to the Nation.

``SEC. 504. AUTHORITY COMPONENTS.

    ``There are transferred to the Authority the following:
            ``(1) Except as provided in title III of the Department of 
        Homeland Security Appropriations Act, 2007, regarding the 
        transfer of the National Disaster Medical System, the Federal 
        Emergency Management Agency, as constituted on June 1, 2006, 
        including all of its functions, personnel, assets, components, 
        and liabilities, and including the functions of the Under 
        Secretary for Federal Emergency Management relating thereto.
            ``(2) The Directorate of Preparedness, as constituted on 
        June 1, 2006, including all of its functions, personnel assets, 
        components, and liabilities, and including the functions of the 
        Under Secretary for Preparedness relating to the Directorate, 
        as constituted on that date.

``SEC. 505. PRESERVING THE UNITED STATES EMERGENCY MANAGEMENT 
              AUTHORITY.

    ``(a) Distinct Entity.--The Authority shall be maintained as a 
distinct entity within the Department.
    ``(b) Reorganization.--Section 872 shall not apply to the 
Authority, including any function or organizational unit of the 
Authority.
    ``(c) Prohibition on Changes to Missions.--
            ``(1) In general.--The Secretary may not substantially or 
        significantly reduce the authorities, responsibilities, or 
        functions of the Authority or the capability of the Authority 
        to perform those responsibilities, except as otherwise 
        specifically provided in an Act enacted after the date of 
        enactment of the United States Emergency Management Authority 
        Act of 2006.
            ``(2) Certain transfers prohibited.--No asset, function or 
        mission of the Authority may be diverted to the principal and 
        continuing use of any other organization, unit, or entity of 
        the Department, except for details or assignments that do not 
        reduce the capability of the Authority to perform its missions.

``SEC. 506. DIRECTORS.

    ``(a) In General.--There shall be in the Authority a Director for 
Preparedness and a Director for Response and Recovery, each of whom 
shall be appointed by the President, by and with the advice and consent 
of the Senate, and shall report to the Administrator.
    ``(b) Qualifications.--
            ``(1) In general.--A Director shall have--
                    ``(A) not less than 5 years of--
                            ``(i) executive leadership and management 
                        experience in the public or private sector; and
                            ``(ii) significant experience in crisis 
                        management or another relevant field; and
                    ``(B) a demonstrated ability to manage a 
                substantial staff and budget.
            ``(2) Concurrent experience.--Service during any period of 
        time may be used in meeting the requirements under both clause 
        (i) and (ii) of paragraph (1)(A).
    ``(c) Initial Directors.--The individual serving as the Under 
Secretary for Preparedness and the individual serving as the Under 
Secretary for the Federal Emergency Management Agency on the effective 
date of the United States Emergency Management Authority Act of 2006, 
may serve as the Director for Preparedness and the Director of Response 
and Recovery, respectively, until a Director for Preparedness or a 
Director of Response and Recovery, as the case may be, is appointed 
under subsection (a).

``SEC. 507. REGIONAL OFFICES.

    ``(a) In General.--
            ``(1) Regional offices.--The Administrator shall establish 
        10 Regional Offices of the Authority.
            ``(2) Additional office.--In addition to the Regional 
        Offices established under paragraph (1), the Administrator may 
        designate the Office for National Capital Region Coordination 
        under section 882 as a Regional Office.
    ``(b) Management of Regional Offices.--
            ``(1) Regional administrator.--Each Regional Office shall 
        be headed by a Regional Administrator for Preparedness and 
        Response, who shall be appointed by the Administrator. Each 
        Regional Administrator for Emergency Preparedness and Response 
        shall report directly to the Administrator.
            ``(2) Qualifications.--Each Regional Office shall be headed 
        by an individual in the Senior Executive Service qualified to 
        act as a senior Federal coordinating officer to provide 
        strategic oversight of incident management when needed.
    ``(c) Responsibilities.--
            ``(1) In general.--The Regional Administrator shall work in 
        partnership with State and local governments, emergency 
        managers, emergency response providers, medical providers, the 
        private sector, nongovernmental organizations, 
        multijurisdictional councils of governments, and regional 
        planning commissions and organizations in the geographical area 
        served by the Regional Office to carry out the responsibilities 
        of a Regional Administrator under this section.
            ``(2) Responsibilities.--The responsibilities of a Regional 
        Administrator include--
                    ``(A) ensuring effective, coordinated, and 
                integrated regional preparedness, mitigation, response, 
                and recovery activities and programs for natural and 
                man-made disasters (including planning, training, 
                exercises, and professional development);
                    ``(B) coordinating and integrating regional 
                preparedness, mitigation, response, and recovery 
                activities and programs for natural and man-made 
                disasters (including planning, training, exercises, and 
                professional development), which shall include--
                            ``(i) providing regional and interstate 
                        planning assistance;
                            ``(ii) organizing, in consultation with the 
                        Administrator, regional training and exercise 
                        programs;
                            ``(iii) providing support and coordination 
                        officers for State and local government 
                        training and exercises;
                            ``(iv) participating in emergency 
                        preparedness and planning activities by State, 
                        regional, and local governments;
                            ``(v) assisting in the development of 
                        regional capabilities needed for a national 
                        catastrophic response system; and
                            ``(vi) helping to coordinate and develop 
                        interstate agreements;
                    ``(C) establishing and overseeing 1 or more strike 
                teams within the region under subsection (e), which 
                shall serve as the focal point of the Federal 
                Government's initial response efforts for a natural or 
                man-made disaster within that region, and otherwise 
                building Federal response capabilities to respond to a 
                natural or man-made disaster within that region;
                    ``(D) working with the private sector to assess 
                weaknesses in critical infrastructure protection in the 
                region and to design and implement programs to address 
                those weaknesses;
                    ``(E) coordinating all activities conducted under 
                this section with other Federal departments and 
                agencies; and
                    ``(F) performing such other duties relating to such 
                responsibilities as the Administrator may require.
    ``(d) Area Offices.--The Administrator shall establish an Area 
Office for the Pacific and an Area Office for the Caribbean, as 
components in the appropriate Regional Offices.
    ``(e) Regional Office Strike Teams.--
            ``(1) Establishment.--In coordination with other relevant 
        Federal agencies, each Regional Administrator shall establish 
        multi-agency strike teams that shall consist of--
                    ``(A) a designated Federal coordinating officer;
                    ``(B) personnel trained in incident management;
                    ``(C) public affairs, response and recovery, and 
                communications support personnel;
                    ``(D) a defense coordinating officer;
                    ``(E) liaisons to other Federal agencies;
                    ``(F) such other personnel as the Administrator or 
                Regional Administrator determines appropriate; and
                    ``(G) individuals from the agencies with primary 
                responsibility for each of the emergency support 
                functions in the National Response Plan, including the 
                following:
                            ``(i) Transportation.
                            ``(ii) Communications.
                            ``(iii) Public works and engineering.
                            ``(iv) Emergency management.
                            ``(v) Mass care.
                            ``(vi) Housing and human services.
                            ``(vii) Public health and medical services.
                            ``(viii) Urban search and rescue.
                            ``(ix) Public safety and security.
                            ``(x) External affairs.
            ``(2) Location of members.--The members of each Regional 
        Office strike team, including representatives from agencies 
        other than the Department, shall be based primarily at the 
        Regional Office that corresponds to that strike team.
            ``(3) Coordination.--Each Regional Office strike team shall 
        coordinate the training and exercises of that strike team with 
        the State and local governments and private sector and 
        nongovernmental entities which the strike team shall support 
        when a natural or man-made disaster occurs.
            ``(4) Preparedness.--Each Regional Office strike team shall 
        be trained, equipped, and staffed to be well prepared to 
        respond to natural and man-made disasters, including 
        catastrophic incidents.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as necessary to carry 
        out this subsection.

``SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY PREPAREDNESS AND 
              RESPONSE.

    ``(a) Establishment.--Not later than 60 days after the date of 
enactment of the United States Emergency Management Authority Act of 
2006, the Secretary shall establish an advisory body under section 
871(a), to be known as the National Advisory Council on Emergency 
Preparedness and Response.
    ``(b) Responsibilities.--The National Advisory Council shall advise 
the Administrator on all aspects of emergency preparedness and 
response.
    ``(c) Membership.--
            ``(1) In general.--The members of the National Advisory 
        Council shall be appointed by the Administrator, and shall, to 
        the extent practicable, represent a geographic (including urban 
        and rural) and substantive cross section of State and local 
        government officials and emergency managers, and emergency 
        response providers, from State and local governments, the 
        private sector, and nongovernmental organizations, including as 
        appropriate--
                    ``(A) members selected from the emergency 
                preparedness and response fields, including fire 
                service, law enforcement, hazardous materials response, 
                emergency medical services, and emergency preparedness 
                and response personnel;
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals;
                    ``(C) experts representing standards setting 
                organizations;
                    ``(D) State and local government officials with 
                expertise in terrorism preparedness and emergency 
                preparedness and response;
                    ``(E) elected State and local government 
                executives;
                    ``(F) experts in public and private sector 
                infrastructure protection, cybersecurity, and 
                communications;
                    ``(G) representatives of the disabled and other 
                special needs populations; and
                    ``(H) such other individuals as the Administrator 
                determines to be appropriate.
    ``(d) Applicability of Federal Advisory Committee Act.--
            ``(1) In general.--Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory Committee Act (5 
        U.S.C. App.), including subsections (a), (b), and (d) of 
        section 10 of such Act, and section 552b(c) of title 5, United 
        States Code, shall apply to the Advisory Council.
            ``(2) Termination.--Section 14(a)(2)(B) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Advisory Council.

``SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM INTEGRATION CENTER.

    ``(a) In General.--There is in the Authority a National Incident 
Management System Integration Center.
    ``(b) Responsibilities.--
            ``(1) In general.--The Administrator, through the National 
        Incident Management System Integration Center, and in 
        consultation with other Federal departments and agencies and 
        the National Advisory Council, shall ensure ongoing management 
        and maintenance of the National Incident Management System, the 
        National Response Plan, any other document or tool in support 
        of Homeland Security Presidential Directive 5, or any other 
        Homeland Security Presidential Directive relating to incident 
        management and response.
            ``(2) Specific responsibilities.--The National Incident 
        Management System Integration Center shall--
                    ``(A) periodically review, and revise, as 
                appropriate, the National Incident Management System 
                and the National Response Plan;
                    ``(B) review other matters relating to the National 
                Incident Management System and the National Response 
                Plan, as the Administrator may require;
                    ``(C) develop and implement a national program for 
                National Incident Management System and National 
                Response Plan education and awareness;
                    ``(D) oversee all aspects of the National Incident 
                Management System, including the development of 
                compliance criteria and implementation activities at 
                Federal, State, and local government levels;
                    ``(E) provide guidance and assistance to States and 
                local governments and emergency response providers, in 
                adopting the National Incident Management System; and
                    ``(F) perform such other duties relating to such 
                responsibilities as the Administrator may require.

``SEC. 510. NATIONAL OPERATIONS CENTER.

    ``(a) Definition.--In this section, the term `situational 
awareness' means information gathered from a variety of sources that, 
when communicated to emergency preparedness and response managers and 
decision makers, can form the basis for incident management 
decisionmaking.
    ``(b) Establishment.--There is established in the Department a 
National Operations Center.
    ``(c) Purpose.--The purposes of the National Operations Center are 
to--
            ``(1) coordinate the national response to any natural or 
        man-made disaster, as determined by the Secretary;
            ``(2) provide situational awareness and a common operating 
        picture for the entire Federal Government, and for State and 
        local governments as appropriate, for an event described in 
        paragraph (1);
            ``(3) collect and analyze information to help deter, 
        detect, and prevent terrorist acts;
            ``(4) disseminate terrorism and disaster-related 
        information to Federal, State, and local governments;
            ``(5) ensure that critical terrorism and disaster-related 
        information reaches government decision-makers; and
            ``(6) perform such other duties as the Secretary may 
        require.
    ``(d) Responsibilities.--The National Operations Center shall carry 
out the responsibilities of the Homeland Security Operations Center, 
the National Response Coordination Center, and the Interagency Incident 
Management Group, as constituted on September 1, 2005.

``SEC. 511. CHIEF MEDICAL OFFICER.

    ``(a) In General.--There is in the Authority a Chief Medical 
Officer, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Chief Medical Officer shall 
report directly to the Administrator.
    ``(b) Qualifications.--The individual appointed as Chief Medical 
Officer shall possess a demonstrated ability in and knowledge of 
medicine and public health.
    ``(c) Responsibilities.--The Chief Medical Officer shall have the 
primary responsibility within the Department for medical issues related 
to natural and man-made disasters, including--
            ``(1) serving as the principal advisor to the Secretary and 
        the Administrator on medical and public health issues;
            ``(2) coordinating the biosurveillance and detection 
        activities of the Department;
            ``(3) ensuring internal and external coordination of all 
        medical preparedness and response activities of the Department, 
        including training, exercises, and equipment support;
            ``(4) serving as the Department's primary point of contact 
        with the Department of Agriculture, the Department of Defense, 
        the Department of Health and Human Services, the Department of 
        Transportation, the Department of Veterans Affairs, and other 
        Federal departments or agencies, on medical and public health 
        issues;
            ``(5) serving as the Department's primary point of contact 
        for State and local government, the medical community, and 
        others within and outside the Department, with respect to 
        medical and public health matters;
            ``(6) discharging, in coordination with the Under Secretary 
        for Science and Technology, the responsibilities of the 
        Department related to Project Bioshield;
            ``(7) establishing doctrine and priorities for the National 
        Disaster Medical System, consistent with the National Response 
        Plan and the National Incident Management System, supervising 
        its medical components, and exercising predeployment 
        operational control, including--
                    ``(A) determining composition of the teams;
                    ``(B) overseeing credentialing of the teams; and
                    ``(C) training personnel of the teams;
            ``(8) establishing doctrine and priorities for the 
        Metropolitan Medical Response System, consistent with the 
        National Response Plan and the National Incident Management 
        System;
            ``(9) managing the Metropolitan Medical Response System, 
        including developing and overseeing standards, plans, training, 
        and exercises and coordinating with the Office of Grants and 
        Training on the use and distribution of Metropolitan Medical 
        Response grants;
            ``(10) assessing and monitoring long-term health issues of 
        emergency managers and emergency response providers;
            ``(11) developing and updating, in consultation with the 
        Secretary of Health and Human Services, guidelines for State 
        and local governments for medical response plans for chemical, 
        biological, radiological, nuclear, or explosive weapon attacks;
            ``(12) developing, in consultation with the Secretary of 
        Health and Human Services, appropriate patient tracking 
        capabilities to execute domestic patient movement and 
        evacuations, including a system that has the capacity of 
        electronically maintaining and transmitting the health 
        information of hospital patients;
            ``(13) establishing and providing oversight for the 
        Department's occupational health and safety program, including 
        workforce health; and
            ``(14) performing such other duties relating to such 
        responsibilities as the Secretary or the Administrator may 
        require.
    ``(d) Long-Term Health Assessment Program.--The Chief Medical 
Officer, in consultation with the Director of the National Institute 
for Occupational Safety and Health, shall establish a program to 
assess, monitor, and study the health and safety of emergency managers 
and emergency response providers, following Incidents of National 
Significance declared by the Secretary under the National Response 
Plan.

``SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS.

    ``The Administrator shall promote public and community 
preparedness.

``SEC. 513. SAVER PROGRAM.

    ``(a) In General.--In the Department there is a System Assessment 
and Validation for Emergency Responders Program to provide impartial 
evaluations of emergency response equipment and systems.
    ``(b) Requirements.--The program established under subsection (a) 
shall--
            ``(1) provide impartial, practitioner relevant, and 
        operationally oriented assessments and validations of emergency 
        response provider equipment and systems that have not already 
        been third-party certified to a standard adopted by the 
        Department, including--
                    ``(A) commercial, off-the-shelf emergency response 
                provider equipment and systems in all equipment list 
                categories of the Standardized Equipment List published 
                by the Interagency Board for Equipment Standardization 
                and Interoperability; and
                    ``(B) such other equipment or systems as the 
                Secretary determines are appropriate;
            ``(2) provide information that enables decision-makers and 
        emergency response providers to better select, procure, use, 
        and maintain emergency response provider equipment or systems;
            ``(3) assess and validate the performance of products 
        within a system and subsystems; and
            ``(4) provide information and feedback to emergency 
        response providers through the Responder Knowledge Base of the 
        National Memorial Institute for the Prevention of Terrorism, or 
        other appropriate forum.
    ``(c) Assessment and Validation Process.--The assessment and 
validation of emergency response provider equipment and systems shall 
use multiple evaluation techniques, including--
            ``(1) operational assessments of equipment performance on 
        vehicle platforms;
            ``(2) technical assessments on a comparative basis of 
        system component performance across makes and models under 
        controlled conditions; and
            ``(3) integrative assessments on an individual basis of 
        system component interoperability and compatibility with other 
        system components.
    ``(d) Personal Protective Equipment.--To the extent practical, the 
assessment and validation of personal protective equipment under this 
section shall be conducted by the National Personal Protective 
Technology Laboratory of the National Institute for Occupational Safety 
and Health.

``SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYSTEM.

    ``(a) National Search and Rescue Response System.--There is 
established in the Authority an emergency response system known as the 
National Search and Rescue Response System that provides a national 
network of standardized search and rescue resources to assist State and 
local governments in responding to any natural or man-made disaster.
    ``(b) Administration of the System.--
            ``(1) Task force participation.--The Administrator shall 
        select eligible search and rescue teams that are sponsored by 
        State and local government entities to participate as task 
        forces in the National Search and Rescue Response System. The 
        Administrator shall determine the criteria for such 
        participation.
            ``(2) Agreements with sponsoring agencies.--The 
        Administrator shall enter into an agreement with the State or 
        local government entity that sponsors each search and rescue 
        team selected under paragraph (1) with respect the team's 
        participation as a task force in the National Search and Rescue 
        Response System.
            ``(3) Management and technical teams.--The Administrator 
        shall maintain such management and other technical teams as are 
        necessary to administer the National Search and Rescue Response 
        System.

``SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    ``(a) In General.--There is in the Authority a Metropolitan Medical 
Response System. Under the Metropolitan Medical Response System, the 
Assistant Secretary for Grants and Planning, in coordination with the 
Chief Medical Officer, shall administer grants to develop, maintain, 
and enhance medical preparedness systems that are capable of responding 
effectively to a public health crisis or mass-casualty event caused by 
a natural or man-made disaster.
    ``(b) Use of Funds.--The Metropolitan Medical Response System shall 
make grants to local governments to enhance any of the following 
activities:
            ``(1) Medical surge capacity.
            ``(2) Mass prophylaxis.
            ``(3) Chemical, biological, radiological, nuclear, and 
        explosive detection, response, and decontamination 
        capabilities.
            ``(4) Emergency communications capabilities.
            ``(5) Information sharing and collaboration capabilities.
            ``(6) Regional collaboration.
            ``(7) Triage and pre-hospital treatment.
            ``(8) Medical supply management and distribution.
            ``(9) Fatality management.
            ``(10) Such other activities as the Secretary may provide.

``SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.

    ``(a) In General.--The Secretary, acting through the Administrator, 
may make grants for the purposes of administering and improving the 
Emergency Management Assistance Compact consented to by the Joint 
Resolution entitled `Joint Resolution granting the consent of Congress 
to the Emergency Management Assistance Compact' (Public Law 104-321; 
110 Stat. 3877).
    ``(b) Uses.--A grant under this section shall be used to--
            ``(1) carry out recommendations identified in after-action 
        reports for the 2004 and 2005 hurricane season issued under the 
        Emergency Management Assistance Compact;
            ``(2) coordinate with the Department and other Federal 
        Government agencies;
            ``(3) coordinate with State and local government entities 
        and their respective national associations;
            ``(4) assist State and local governments with credentialing 
        emergency response providers and the typing of emergency 
        response resources; or
            ``(5) administer the operations of the Emergency Management 
        Assistance Compact.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,000,000 for 
each of fiscal years 2007 through 2010. Amounts appropriated under this 
section shall remain available for 3 fiscal years after the date on 
which such funds are appropriated.

``SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM.

    ``(a) Establishment.--There is established in the Department an 
Office for the Prevention of Terrorism, which shall be headed by a 
Director.
    ``(b) Director.--
            ``(1) Reporting.--The Director of the Office for the 
        Prevention of Terrorism shall report directly to the Secretary.
            ``(2) Qualifications.--The Director of the Office for the 
        Prevention of Terrorism shall have an appropriate background 
        with experience in law enforcement, intelligence, or other 
        anti-terrorist functions.
    ``(c) Assignment of Personnel.--
            ``(1) In general.--The Secretary shall assign to the Office 
        for the Prevention of Terrorism permanent staff and other 
        appropriate personnel detailed from other components of the 
        Department to carry out the responsibilities under this 
        section.
            ``(2) Liaisons.--The Secretary shall designate senior 
        employees from each component of the Department that has 
        significant antiterrorism responsibilities to act a liaison 
        between that component and the Office for the Prevention of 
        Terrorism.
    ``(d) Responsibilities.--The Director of the Office for the 
Prevention of Terrorism shall--
            ``(1) coordinate policy and operations between the 
        Department and State and local government agencies relating to 
        preventing acts of terrorism within the United States;
            ``(2) serve as a liaison between State and local law 
        enforcement agencies and the Department;
            ``(3) in coordination with the Office of Intelligence, 
        develop better methods for the sharing of intelligence with 
        State and local law enforcement agencies;
            ``(4) work with the Assistant Secretary of the Office of 
        Grants and Training to ensure that homeland security grants to 
        State and local agencies, including the Law Enforcement 
        Terrorism Prevention Program, Commercial Equipment Direct 
        Assistance Program, grants for fusion centers, and other law 
        enforcement programs are adequately focused on terrorism 
        prevention activities; and
            ``(5) coordinate with the Authority, the Department of 
        Justice, the National Institute of Justice, law enforcement 
        organizations, and other appropriate entities to develop 
        national voluntary consensus standards for training and 
        personal protective equipment to be used in a tactical 
        environment by law enforcement officers.
    ``(e) Pilot Project.--
            ``(1) In general.--The Director of the Office for the 
        Prevention of Terrorism, in coordination with the Director for 
        Response, shall establish a pilot project to determine the 
        efficacy and feasibility of establishing law enforcement 
        deployment teams.
            ``(2) Function.--The law enforcement deployment teams 
        participating in the pilot program under this subsection shall 
        form the basis of a national network of standardized law 
        enforcement resources to assist State and local governments in 
        responding to a natural or man-made disaster.
    ``(f) Construction.--Nothing in this section may be construed to 
affect the roles or responsibilities of the Department of Justice.

``SEC. 518. DEPARTMENT OFFICIALS.

    ``(a) Cybersecurity and Telecommunications.--There is in the 
Department an Assistant Secretary for Cybersecurity and 
Telecommunications.
    ``(b) United States Fire Administration.--The Administrator of the 
United States Fire Administration shall have a rank equivalent to an 
assistant secretary of the Department.

``SEC. 519. CREDENTIALING.

    ``(a) Definitions.--In this section--
            ``(1) the term `credential' means to provide documentation 
        that can authenticate and verify the qualifications and 
        identity of managers of incidents, emergency response 
        providers, and other appropriate personnel including by 
        ensuring that such personnel possess a minimum common level of 
        training, experience, physical and medical fitness, and 
        capability appropriate for their position;
            ``(2) the term `credentialing' means evaluating an 
        individual's qualifications for a specific position under 
        guidelines created in this section and assigning such 
        individual a qualification under the standards developed in 
        this section; and
            ``(3) the term `credentialed' means an individual has been 
        evaluated for a specific position under the guidelines created 
        under this section.
    ``(b) Requirements.--
            ``(1) In general.--The Administrator shall enter into a 
        memorandum of understanding to collaborate with the Emergency 
        Management Assistance Compact and other organizations to 
        establish, in consultation with the Authority, nationwide 
        standards for credentialing all personnel who are likely to 
        respond to an emergency or major disaster.
            ``(2) Contents.--The standards developed under paragraph 
        (1) shall--
                    ``(A) include the minimum professional 
                qualifications, certifications, training, and education 
                requirements for specific emergency response functional 
                positions that are applicable to Federal, State and 
                local government;
                    ``(B) be compatible with the National Incident 
                Management System; and
                    ``(C) be consistent with standards for advance 
                registration for health professions volunteers under 
                section 319I of the Public Health Services Act (42 
                U.S.C. 247d-7b).
            ``(3) Timeframe.--The standards developed under paragraph 
        (1) shall be completed not later than 6 months after the date 
        of enactment of the United States Emergency Management 
        Authority Act of 2006.
    ``(c) Credentialing of Department Personnel.--Not later than 1 year 
after the date of enactment of this Act, the Secretary and the 
Administrator shall ensure that all personnel of the Department 
(including temporary personnel) who are likely to respond to an 
emergency or major disaster are credentialed.
    ``(d) Integration With National Response Plan.--
            ``(1) Distribution of standards.--Not later than 6 months 
        after the date of enactment of this Act, the Administrator of 
        the Authority shall provide the standards developed under 
        subsection (b) to all Federal agencies that have 
        responsibilities under the National Response Plan.
            ``(2) Credentialing of agencies.--Not later than 180 days 
        after the date on which the standards are provided under 
        paragraph (1), each agency described in paragraph (1) shall--
                    ``(A) ensure that all employees or volunteers of 
                that agency who are likely to respond to an emergency 
                or major disaster are credentialed; and
                    ``(B) submit to the Secretary the name of each 
                credentialed employee or volunteer of such agency.
            ``(3) Leadership.--The Administrator shall provide 
        leadership, guidance, and technical assistance to an agency 
        described in paragraph (1) to facilitate the credentialing 
        process of that agency.
    ``(e) Documentation and Database System.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the Authority shall 
        establish and maintain a documentation and database system of 
        Federal emergency response providers and all other Federal 
        personnel credentialed to respond to an emergency or major 
        disaster.
            ``(2) Accessibility.--The documentation and database system 
        established under paragraph (1) shall be accessible to the 
        Federal coordinating officer and other appropriate officials 
        preparing for or responding to an emergency or major disaster.
            ``(3) Considerations.--The Administrator shall consider 
        whether the credentialing system can be used to regulate access 
        to areas affected by a major disaster.
    ``(f) Guidance to State and Local Governments.--Not later than 6 
months after the date of enactment of this Act, the Administrator 
shall--
            ``(1) in collaboration with the Emergency Management 
        Assistance Compact provide detailed written guidance, 
        assistance, and expertise to State and local governments to 
        facilitate the credentialing of State and local emergency 
        response providers and typing of assets commonly or likely to 
        be used in responding to an emergency or major disaster; and
            ``(2) in coordination with the Emergency Management 
        Assistance Compact and appropriate national professional 
        organizations, assist State and local governments with 
        credentialing the personnel and typing the resources of the 
        State or local government under the guidance provided under 
        paragraph (1).
    ``(g) Report.--Not later than 6 months after the date of enactment 
of this Act and annually thereafter, the Director of the Authority 
shall submit 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 describing the implementation of this 
section, including the number and level of qualification of Federal 
personnel trained and ready to respond to an emergency or major 
disaster.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

``SEC. 520. TYPING OF RESOURCES AND ASSETS.

    ``(a) Definitions.--In this section--
            ``(1) the term `typed' means an asset or resource has been 
        evaluated for a specific function under the guidelines created 
        under this section; and
            ``(2) the term `typing' means to define in detail the 
        minimum capabilities of an asset or resource.
    ``(b) Requirements.--
            ``(1) In general.--The Administrator shall enter into a 
        memorandum of understanding to collaborate with the Emergency 
        Management Assistance Compact and other organizations to 
        establish, in consultation with the Authority, nationwide 
        standards for typing of resources and assets commonly or likely 
        to be used in responding to an emergency or major disaster.
            ``(2) Contents.--The standards developed under paragraph 
        (1) shall--
                    ``(A) be applicable to Federal, State and local 
                government; and
                    ``(B) be compatible with the National Incident 
                Management System.
    ``(c) Typing of Department Resources.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall ensure that all 
resources and assets of the Department that are likely to be used to 
respond to an emergency or major disaster are typed.
    ``(d) Integration With National Response Plan.--
            ``(1) Distribution of standards.--Not later than 6 months 
        after the date of enactment of this Act, the Administrator of 
        the Authority shall provide the standards developed under 
        subsection (b) to all Federal agencies that have 
        responsibilities under the National Response Plan.
            ``(2) Typing of agencies, assets, and resources.--Not later 
        than 180 days after the date on which the standards are 
        provided under paragraph (1), each agency described in 
        paragraph (1) shall--
                    ``(A) ensure that all resources and assets 
                (including teams, equipment, and other assets) of that 
                agency that are likely to be used to respond to an 
                emergency or major disaster are typed; and
                    ``(B) submit to the Secretary a list of all typed 
                resources and assets
            ``(3) Leadership.--The Administrator shall provide 
        leadership, guidance, and technical assistance to an agency 
        described in paragraph (1) to facilitate the typing process of 
        that agency.
    ``(e) Documentation and Database System.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall establish and 
        maintain a documentation and database system of Federal 
        resources and assets likely to be used to respond to an 
        emergency or major disaster.
            ``(2) Accessibility.--The documentation and database system 
        established under paragraph (1) shall be accessible to the 
        Federal coordinating officer and other appropriate officials 
        preparing for or responding to an emergency or major disaster.
    ``(f) Guidance to State and Local Governments.--Not later than 6 
months after the date of enactment of this Act, the Administrator of 
the Authority, in collaboration with the Emergency Management 
Assistance Compact, shall--
            ``(1) provide detailed written guidance, assistance, and 
        expertise to State and local governments to facilitate the 
        typing of the resources and assets of State and local 
        governments likely to be used in responding to an emergency or 
        major disaster; and
            ``(2) assist State and local governments with typing the 
        resources and assets of the State or local governments under 
        the guidance provided under paragraph (1).
    ``(g) Grants.--The Secretary may make grants to the party states of 
the Emergency Management Assistance Compact to develop and maintain a 
database of typed resources and assets of State and local governments.
    ``(h) Report.--Not later than 6 months after the date of enactment 
of this Act and annually thereafter, the Administrator shall submit 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 describing the implementation of this section, 
including the number and type of Federal resources and assets ready to 
respond to an emergency or major disaster.''.
    Sec. 803. Conforming Amendments. (a) Executive Schedule.--
            (1) Administrator.--Section 5313 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Administrator of the United States Emergency Management 
        Authority.''.
            (2) Directors.--Section 5314 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Directors, United States Emergency Management 
        Authority.''.
            (3) FEMA officers.--
                    (A) Federal insurance administrator.--Section 5315 
                of title 5, United States Code, is amended by striking 
                ``Federal Insurance Administrator, Federal Emergency 
                Management Agency.'' and inserting ``Federal Insurance 
                Administrator, United States Emergency Management 
                Agency.''.
                    (B) Inspector general.--Section 5315 of title 5, 
                United States Code, is amended by striking ``Inspector 
                General, Federal Emergency Management Agency.'' and 
                inserting ``Inspector General, United States Emergency 
                Management Agency.''.
                    (C) Chief information officer.--Section 5315 of 
                title 5, United States Code, is amended by striking 
                ``Chief Information Officer, Federal Emergency 
                Management Agency.'' and inserting ``Chief Information 
                Officer, United States Emergency Management Agency.''.
    (b) Officers of the Department.--Section 103(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
            (1) by striking paragraph (5) and inserting the following:
            ``(5) An Administrator of the United States Emergency 
        Management Authority.'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) through (10) (as 
        amended by this subsection) as paragraphs (2) through (9), 
        respectively.
    (c) References.--Any reference to the Federal Emergency Management 
Agency, or the Director thereof, in any law, rule, regulation, 
certificate, directive, instruction, or other official paper in force 
on the effective date of this title shall be considered to refer and 
apply to the United States Emergency Management Authority and the 
Administrator thereof, respectively.
    (d) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the items relating to title V and sections 501 through 509 and 
inserting the following:

             ``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE

        ``Sec. 501. Definitions.
        ``Sec. 502. United States Emergency Management Authority.
        ``Sec. 503. Authorities and responsibilities.
        ``Sec. 504. Authority components.
        ``Sec. 505. Preserving the United States Emergency Management 
                            Authority.
        ``Sec. 506. Directors.
        ``Sec. 507. Regional Offices.
        ``Sec. 508. National Advisory Council on Emergency Preparedness 
                            and Response.
        ``Sec. 509. National Incident Management System Integration 
                            Center.
        ``Sec. 510. National Operations Center.
        ``Sec. 511. Chief Medical Officer.
        ``Sec. 512. Public and community preparedness.
        ``Sec. 513. SAVER Program.
        ``Sec. 514. National Search and Rescue Response System.
        ``Sec. 515. Metropolitan Medical Response System.
        ``Sec. 516. Emergency Management Assistance Compact.
        ``Sec. 517. Office for the Prevention of Terrorism.
        ``Sec. 518. Department officials.
        ``Sec. 519. Credentialing.
        ``Sec. 520. Typing of resources and assets.
        ``Sec. 521. Nuclear incident response.
        ``Sec. 522. Conduct of certain public health-related 
                            activities.
        ``Sec. 523. Use of national private sector networks in 
                            emergency response.
        ``Sec. 524. Use of commercially available technology, goods, 
                            and services.
        ``Sec. 525. Procurement of security countermeasures for 
                            strategic national stockpile.
        ``Sec. 526. Urban and other high risk area communications 
                            capabilities.''.
    Sec. 804. Authorization of Appropriations.
    There are authorized to be appropriated such sums as are necessary 
to carry out this title and the amendments made by this title.
    Sec. 805. Effective Date.
    This title, and the amendments made by this title, shall take 
effect on January 1, 2007.

                                TITLE IX

                   BORDER LAW ENFORCEMENT RELIEF ACT

    Sec. 901. Short Title.
    This title may be cited as the ``Border Law Enforcement Relief Act 
of 2006''.
    Sec. 902. Findings.
    Congress finds the following:
            (1) It is the obligation of the Federal Government of the 
        United States to adequately secure the Nation's borders and 
        prevent the flow of undocumented persons and illegal drugs into 
        the United States.
            (2) Despite the fact that the United States Border Patrol 
        apprehends over 1,000,000 people each year trying to illegally 
        enter the United States, according to the Congressional 
        Research Service, the net growth in the number of unauthorized 
        aliens has increased by approximately 500,000 each year. The 
        Southwest border accounts for approximately 94 percent of all 
        migrant apprehensions each year. Currently, there are an 
        estimated 11,000,000 unauthorized aliens in the United States.
            (3) The border region is also a major corridor for the 
        shipment of drugs. According to the El Paso Intelligence 
        Center, 65 percent of the narcotics that are sold in the 
        markets of the United States enter the country through the 
        Southwest Border.
            (4) Border communities continue to incur significant costs 
        due to the lack of adequate border security. A 2001 study by 
        the United States-Mexico Border Counties Coalition found that 
        law enforcement and criminal justice expenses associated with 
        illegal immigration exceed $89,000,000 annually for the 
        Southwest border counties.
            (5) In August 2005, the States of New Mexico and Arizona 
        declared states of emergency in order to provide local law 
        enforcement immediate assistance in addressing criminal 
        activity along the Southwest border.
            (6) While the Federal Government provides States and 
        localities assistance in covering costs related to the 
        detention of certain criminal aliens and the prosecution of 
        Federal drug cases, local law enforcement along the border are 
        provided no assistance in covering such expenses and must use 
        their limited resources to combat drug trafficking, human 
        smuggling, kidnappings, the destruction of private property, 
        and other border-related crimes.
            (7) The United States shares 5,525 miles of border with 
        Canada and 1,989 miles with Mexico. Many of the local law 
        enforcement agencies located along the border are small, rural 
        departments charged with patrolling large areas of land. 
        Counties along the Southwest United States-Mexico border are 
        some of the poorest in the country and lack the financial 
        resources to cover the additional costs associated with illegal 
        immigration, drug trafficking, and other border-related crimes.
            (8) Federal assistance is required to help local law 
        enforcement operating along the border address the unique 
        challenges that arise as a result of their proximity to an 
        international border and the lack of overall border security in 
        the region.
    Sec. 903. Border Relief Grant Program. (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to an 
        eligible law enforcement agency to provide assistance to such 
        agency to address--
                    (A) criminal activity that occurs in the 
                jurisdiction of such agency by virtue of such agency's 
                proximity to the United States border; and
                    (B) the impact of any lack of security along the 
                United States border.
            (2) Duration.--Grants may be awarded under this subsection 
        during fiscal years 2007 through 2011.
            (3) Competitive basis.--The Secretary shall award grants 
        under this subsection on a competitive basis, except that the 
        Secretary shall give priority to applications from any eligible 
        law enforcement agency serving a community--
                    (A) with a population of less than 50,000; and
                    (B) located no more than 100 miles from a United 
                States border with--
                            (i) Canada; or
                            (ii) Mexico.
    (b) Use of Funds.--Grants awarded pursuant to subsection (a) may 
only be used to provide additional resources for an eligible law 
enforcement agency to address criminal activity occurring along any 
such border, including--
            (1) to obtain equipment;
            (2) to hire additional personnel;
            (3) to upgrade and maintain law enforcement technology;
            (4) to cover operational costs, including overtime and 
        transportation costs; and
            (5) such other resources as are available to assist that 
        agency.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency 
        seeking a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    (d) Definitions.--For the purposes of this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a tribal, State, or local law 
        enforcement agency--
                    (A) located in a county no more than 100 miles from 
                a United States border with--
                            (i) Canada; or
                            (ii) Mexico; or
                    (B) located in a county more than 100 miles from 
                any such border, but where such county has been 
                certified by the Secretary as a High Impact Area.
            (2) High impact area.--The term ``High Impact Area'' means 
        any county designated by the Secretary as such, taking into 
        consideration--
                    (A) whether local law enforcement agencies in that 
                county have the resources to protect the lives, 
                property, safety, or welfare of the residents of that 
                county;
                    (B) the relationship between any lack of security 
                along the United States border and the rise, if any, of 
                criminal activity in that county; and
                    (C) any other unique challenges that local law 
                enforcement face due to a lack of security along the 
                United States border.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of fiscal years 2007 through 2011 to carry 
        out the provisions of this section.
            (2) Division of authorized funds.--Of the amounts 
        authorized under paragraph (1)--
                    (A) \2/3\ shall be set aside for eligible law 
                enforcement agencies located in the 6 States with the 
                largest number of undocumented alien apprehensions; and
                    (B) \1/3\ shall be set aside for areas designated 
                as a High Impact Area under subsection (d).
    (f) Supplement Not Supplant.--Amounts appropriated for grants under 
this section shall be used to supplement and not supplant other State 
and local public funds obligated for the purposes provided under this 
title.
    Sec. 904. Enforcement of Federal Immigration Law.
    Nothing in this title shall be construed to authorize State or 
local law enforcement agencies or their officers to exercise Federal 
immigration law enforcement authority.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2007''.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 5441

_______________________________________________________________________

                               AMENDMENT