[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5441 Public Print (PP)]
109th CONGRESS
2d Session
H. R. 5441
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2006
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2007, for the Department of Homeland Security and for
other purposes, namely:</DELETED>
<DELETED>TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS</DELETED>
<DELETED>Office of the Secretary and Executive Management</DELETED>
<DELETED> 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, $95,884,000
(reduced by $3,000,000) (reduced by $5,000,000): Provided, That not to
exceed $40,000 shall be for official reception and representation
expenses: Provided further, That of the funds provided under this
heading, $10,000,000 shall not be available for obligation until the
Secretary of Homeland Security submits a comprehensive port, container,
and cargo security strategic plan to the Committee on Appropriations
and Committee on Homeland Security of the House of Representatives that
requires screening all inbound cargo, doubles the percentage of inbound
cargo currently inspected, sets minimum standards for securing inbound
cargo, and includes the fiscal year 2007 performance requirements for
port, container, and cargo security as specified in the report
accompanying this Act: Provided further, That the Secretary is directed
to submit the Secure Border Initiative multi-year strategic plan to the
Committee on Appropriations and the Committee on Homeland Security of
the House of Representatives no later than November 1, 2006 that
includes: a comprehensive mission statement; an identification of long-
term goals; an explanation of how long-term goals will be achieved;
schedule and resource requirements for goal achievement; an
identification of annual performance goals and how they link to long-
term goals; an identification of annual performance measures used to
gauge effectiveness towards goal achievement by goal; and an
identification of major capital assets critical to program
success.</DELETED>
<DELETED>Office of the Under Secretary for Management</DELETED>
<DELETED> 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. 341-345), $159,489,000
(reduced by $15,000,000) (reduced by $50,000,000) (reduced by
$24,000,000): 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.</DELETED>
<DELETED>Office of the Chief Financial Officer</DELETED>
<DELETED> 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), $43,480,000, of which $18,000,000
is for the eMerge<SUP>2 </SUP>Program: Provided, That $10,000,000 shall
be withheld from obligation until the Office of the Chief Financial
Officer submits monthly budget execution reports to the Committees on
Appropriations of the Senate and the House of Representatives as
required by section 529 of this Act.</DELETED>
<DELETED>Office of the Chief Information Officer</DELETED>
<DELETED> 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, $364,765,000; of which $79,521,000 shall be available for
salaries and expenses; and of which $285,244,000 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.</DELETED>
<DELETED>Analysis and Operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Federal Coordinator for Gulf Coast
Rebuilding</DELETED>
<DELETED> For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided, That
$1,000,000 shall not be available for obligation until the Federal
Coordinator submits to the Committee on Appropriations of the House of
Representatives a report related to Federal rebuilding
efforts.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> 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.), $96,185,000, 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.</DELETED>
<DELETED>TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS</DELETED>
<DELETED>United States Visitor and Immigrant Status Indicator
Technology</DELETED>
<DELETED> 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
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,494,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $312,494,000 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--</DELETED>
<DELETED> (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget, including Circular A-11, part
7;</DELETED>
<DELETED> (2) complies with the Department of Homeland
Security information systems enterprise architecture;</DELETED>
<DELETED> (3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (6) is reviewed by the Government Accountability
Office.</DELETED>
<DELETED>Customs and Border Protection</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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;
$5,435,310,000 (reduced by $2,000,000); 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
pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to
exceed $45,000 shall be for official reception and representation
expenses; of which not less than $162,976,000 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; and 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 the Bureau of 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: Provided further, That no funds shall be
available for the site acquisition, design, or construction of any
Border Patrol checkpoint in the Tucson sector: Provided further, That
the Border Patrol shall relocate its checkpoints in the Tucson sector
at least once every seven days in a manner designed to prevent persons
subject to inspection from predicting the location of any such
checkpoint: Provided further, That of the total amount made available
under this heading, $115,000,000 shall be for the Secure Border
Initiative Technology and Tactical Infrastructure (SBInet) program,
project, and activity, to remain available until expended, of which
$25,000,000 shall not be available for obligation 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--</DELETED>
<DELETED> (1) defines activities, milestones, and costs for
implementing the program;</DELETED>
<DELETED> (2) demonstrates how activities will further the
goals and objectives of the SBI, as defined in the SBI multi-
year strategic plan;</DELETED>
<DELETED> (3) identifies funding and the organizational
staffing (including full-time employee equivalents,
contractors, and detailees) requirements by activity;</DELETED>
<DELETED> (4) reports on costs incurred, the activities
completed, and the progress made by the program;</DELETED>
<DELETED> (5) includes a certification by the Chief
Procurement Officer of the Department of Homeland Security that
procedures to prevent conflicts of interest between the prime
integrator and major subcontractors are established and that an
independent verification and validation agent is currently
under contract for the project;</DELETED>
<DELETED> (6) 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;</DELETED>
<DELETED> (7) complies with the capital planning and
investment control review requirements established by the
Office of Management and Budget, including Circular A-11, part
7;</DELETED>
<DELETED> (8) complies with all applicable acquisition
rules, requirements, guidelines, and best systems acquisition
management practices of the Federal Government; and</DELETED>
<DELETED> (9) is reviewed by the Government Accountability
Office.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> For expenses for customs and border protection automated
systems, $451,440,000, to remain available until expended, of which not
less than $316,800,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $216,800,000 may not 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--</DELETED>
<DELETED> (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget, including Circular A-11, part
7;</DELETED>
<DELETED> (2) complies with the Department of Homeland
Security information systems enterprise architecture;</DELETED>
<DELETED> (3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (6) is reviewed by the Government Accountability
Office.</DELETED>
<DELETED>cbp air and marine interdiction, operations, maintenance, and
procurement</DELETED>
<DELETED> 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, $373,199,000, 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 the Bureau of 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: Provided
further, That of the total amount made available under this heading,
$6,800,000 shall not be available for obligation until the Committee on
Appropriations, the Committee on Transportation and Infrastructure, and
the Committee on Homeland Security of the House of Representatives
receive a report on the April 25, 2006, unmanned aerial vehicle
mishap.</DELETED>
<DELETED>construction</DELETED>
<DELETED> 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, $175,154,000, to remain available until
expended.</DELETED>
<DELETED>Immigration and Customs Enforcement</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $3,843,257,000 (increased by $5,000,000) (increased by
$2,000,000), of which not to exceed $7,500,000 shall be available until
expended for conducting special operations pursuant to section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $102,000 shall be for promotion of public awareness of the child
pornography tipline; of which not less than $203,000 shall be for
Project Alert; of which not less than $5,400,000 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 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.</DELETED>
<DELETED>federal protective service</DELETED>
<DELETED> 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.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For necessary expenses to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs and
immigration, $26,281,000, to remain available until expended.</DELETED>
<DELETED>Transportation Security Administration</DELETED>
<DELETED>aviation security</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,704,414,000, to remain
available until September 30, 2008, of which not to exceed $3,000 shall
be for official reception and representation expenses: Provided, That
of the total amount made available under this heading, not to exceed
$3,740,866,000 shall be for screening operations, of which $136,000,000
shall be available only for procurement of checked baggage explosive
detection systems and $94,000,000 shall be available only for
installation of checked baggage explosive detection systems; and not to
exceed $963,548,000 shall be for aviation security direction and
enforcement: 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 $2,284,414,000: 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 deemed necessary to ensure aviation security and to
fulfill the Government's planned cost share under existing letters of
intent: Provided further, That no funding may be obligated for air
cargo security, other than that for air cargo inspectors, canines, and
screeners, until a detailed air cargo security action plan addressing
each of the recommendations contained in the 2005 Government
Accountability Office Report (GAO-06-76) on domestic air cargo security
is provided to the Committee on Appropriations and Committee on
Homeland Security of the House of Representatives: 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 those purposes: Provided further,
That none of the funds in this Act shall be used to recruit or hire
personnel into the Transportation Security Administration which would
cause the agency to exceed a staffing level of 45,000 full-time
equivalent screeners.</DELETED>
<DELETED>surface transportation security</DELETED>
<DELETED> 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.</DELETED>
<DELETED>transportation threat assessment and credentialing</DELETED>
<DELETED> For necessary expenses for the development and
implementation of screening programs of the Office of Transportation
Threat Assessment and Credentialing, $74,700,000, to remain available
until September 30, 2008.</DELETED>
<DELETED>transportation security support</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $523,283,000
(reduced by $20,000,000), to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading, $5,000,000
may not be obligated until the Secretary of Homeland Security submits
to the Committees on Appropriations of the Senate and the House of
Representatives a detailed expenditure plan for explosive detection
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2007: Provided further, That this plan
shall be submitted no later than 60 days from the date of enactment of
this Act.</DELETED>
<DELETED>federal air marshals</DELETED>
<DELETED> For necessary expenses of the Federal Air Marshals,
$699,294,000.</DELETED>
<DELETED>United States Coast Guard</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> 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 pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note); and recreation and welfare;
$5,481,643,000, 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 $3,000 shall be for official reception and representation
expenses: Provided, That none of the funds made available by this or
any other Act shall be available for administrative expenses in
connection with shipping commissioners in the United States: Provided
further, That none of the funds made available by this Act shall be for
expenses incurred for yacht documentation under section 12109 of title
46, United States Code, except to the extent fees are collected from
yacht owners and credited to this appropriation.</DELETED>
<DELETED>environmental compliance and restoration</DELETED>
<DELETED> 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, $11,880,000, to
remain available until expended.</DELETED>
<DELETED>reserve training</DELETED>
<DELETED> 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;
$122,348,000.</DELETED>
<DELETED>acquisition, construction, and improvements</DELETED>
<DELETED> 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; $1,139,663,000, 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 $15,000,000 shall be
available until September 30, 2011, to increase aviation capability; of
which $101,823,000 shall be available until September 30, 2009, for
other equipment; of which $24,450,000 shall be available until
September 30, 2009, for shore facilities and aids to navigation
facilities; of which $81,000,000 shall be available for personnel
compensation and benefits and related costs; and of which $892,640,000
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 description of the
competitive process conducted in all contracts and subcontracts
exceeding $5,000,000 within the Deepwater program; 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
five 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--</DELETED>
<DELETED> (1) the proposed appropriation included in that
budget;</DELETED>
<DELETED> (2) the total estimated cost of
completion;</DELETED>
<DELETED> (3) projected funding levels for each fiscal year
for the next five fiscal years or until project completion,
whichever is earlier;</DELETED>
<DELETED> (4) an estimated completion date at the projected
funding levels; and</DELETED>
<DELETED> (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:</DELETED>
<DELETED>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: Provided further,
That no funding may be obligated for the Rescue 21 vessel subsystem
until a vessel solution has been provided to the Committee on
Appropriations of the House of Representatives.</DELETED>
<DELETED>alteration of bridges</DELETED>
<DELETED> 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), $17,000,000, to remain available until
expended.</DELETED>
<DELETED>research, development, test, and evaluation</DELETED>
<DELETED> 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;
$13,860,000, 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.</DELETED>
<DELETED>retired pay</DELETED>
<DELETED> 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.</DELETED>
<DELETED>United States Secret Service</DELETED>
<DELETED>protection, administration, and training</DELETED>
<DELETED> 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 American-made motorcycles; hire
of aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings
in the District of Columbia, and fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees
where a protective assignment during the actual day or days of the
visit of a protectee requires an employee to work 16 hours per day or
to remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of United States
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; $954,399,000, 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 of the total amount provided under this heading,
$2,000,000 shall not be available for obligation until the Director of
the Secret Service submits a comprehensive workload re-balancing report
to the Committees on Appropriations of the Senate and the House of
Representatives that includes funding and position requirements for
current investigative and protective operations: Provided further, That
the United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Executive 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.</DELETED>
<DELETED>investigations and field operations</DELETED>
<DELETED> 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 rates as may be determined by the Director of the
Secret Service, $312,499,000, 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 $5,445,000 shall be a
grant for activities related to the investigations of missing and
exploited children and shall remain available until expended.</DELETED>
<DELETED>special event fund</DELETED>
<DELETED> For necessary expenses of the United States Secret Service
to perform protective functions related to special events, $20,900,000,
to remain available until expended, of which $18,400,000 shall be for
protection activities related to presidential campaigns in the United
States, and of which $2,500,000 shall be for extraordinary costs of
National Special Security Events.</DELETED>
<DELETED>acquisition, construction, improvements, and related
expenses</DELETED>
<DELETED> For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $3,725,000, to
remain available until expended: Provided further, That of the total
amount provided under this heading, $1,000,000 shall not be available
for obligation until the Director of the Secret Service submits a
revised master plan to the Committees on Appropriations of the Senate
and the House of Representatives for the James J. Rowley Training
Center.</DELETED>
<DELETED>TITLE III--PREPAREDNESS AND RECOVERY</DELETED>
<DELETED>Preparedness</DELETED>
<DELETED>Under Secretary for Preparedness</DELETED>
<DELETED> 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, $39,468,000
(increased by $9,000,000) (reduced by $9,000,000), of which $15,000,000
shall be for the National Preparedness Integration Program: Provided,
That not to exceed $7,000 shall be for official reception and
representation expenses: Provided further, That of the amounts
appropriated under this heading, $4,400,000 shall not be available for
obligation until the Secretary of Homeland Security submits to the
Committees on Appropriations of the Senate and the House of
Representatives the final National Preparedness Goal.</DELETED>
<DELETED>Office of Grants and Training</DELETED>
<DELETED>state and local programs</DELETED>
<DELETED> 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, $2,524,000,000 (increased by $50,000,000) (increased by
$20,000,000), which shall be allocated as follows:</DELETED>
<DELETED> (1) $545,000,000 for formula-based grants and
$400,000,000 for law enforcement terrorism prevention grants
pursuant to 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 from the date of enactment
of this Act; States shall submit applications within 90 days
after the grant announcement; and the Office of Grants and
Training shall act within 90 days after receipt of an
application: Provided further, That no 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.</DELETED>
<DELETED> (2) $1,165,000,000 (increased by $50,000,000)
(increased by $20,000,000) for discretionary grants, as
determined by the Secretary of Homeland Security, of which--
</DELETED>
<DELETED> (A) $750,000,000 (increased by
$20,000,000) shall be for use in high-threat, high-
density urban areas;</DELETED>
<DELETED> (B) $200,000,000 shall be for port
security grants pursuant to the purposes of section
70107(a) through (h) of title 46, United States Code,
which shall be awarded based on risk and threat
notwithstanding subsection (a), for eligible costs as
described in subsections (b)(2) through (4);</DELETED>
<DELETED> (C) $5,000,000 shall be for trucking
industry security grants;</DELETED>
<DELETED> (D) $10,000,000 shall be for intercity bus
security grants;</DELETED>
<DELETED> (E) $150,000,000 (increased by
$50,000,000) shall be for intercity rail passenger
transportation (as defined in section 24102 of title
49, United States Code), freight rail, and transit
security grants; and</DELETED>
<DELETED> (F) $50,000,000 shall be for buffer zone
protection grants:</DELETED>
<DELETED>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; States shall
submit applications within 90 days after the grant
announcement; and the Office of Grants and Training shall act
within 90 days after receipt of an application: Provided
further, That no 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.</DELETED>
<DELETED> (3) $75,000,000 shall be available for the
Commercial Equipment Direct Assistance Program.</DELETED>
<DELETED> (4) $339,000,000 for training, exercises,
technical assistance, and other programs:</DELETED>
<DELETED>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 preceding 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) of this
heading and discretionary grants under paragraph (2)(A) of this heading
shall be available for operational costs, to include personnel overtime
and overtime associated with the Office of Grants and Training
certified training, as needed.</DELETED>
<DELETED>firefighter assistance grants</DELETED>
<DELETED> For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), $540,000,000 (increased by $111,000,000), of which $500,000,000
(increased by $41,000,000) shall be available to carry out section 33
of such Act (15 U.S.C. 2229) and $40,000,000 (increased by $70,000,000)
shall be available to carry out section 34 of such Act (15 U.S.C.
2229a), to remain available until September 30, 2008: Provided, That
not to exceed 5 percent of this amount shall be available for program
administration.</DELETED>
<DELETED>emergency management performance grants</DELETED>
<DELETED> 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.), $186,000,000:
Provided, That total administrative costs shall not exceed 3 percent of
the total appropriation.</DELETED>
<DELETED>Radiological Emergency Preparedness Program</DELETED>
<DELETED> 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 to be
necessary for its radiological emergency preparedness program for such
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.</DELETED>
<DELETED>United States Fire Administration and Training</DELETED>
<DELETED> 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.),
$46,849,000.</DELETED>
<DELETED>Infrastructure Protection and Information Security</DELETED>
<DELETED> 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.),
$549,140,000, of which $464,490,000 shall remain available until
September 30, 2008: Provided, That of the amount made available under
this heading, $10,000,000 shall not be available for obligation for
management and administration until the Department of Homeland Security
has released the National Infrastructure Protection Plan: Provided
further, That of the amount made available under this heading,
$10,000,000 shall not be available for obligation for management and
administration until the Department has submitted its national security
strategy for the chemical sector report.</DELETED>
<DELETED>Federal Emergency Management Agency</DELETED>
<DELETED>administrative and regional operations</DELETED>
<DELETED> For necessary expenses for administrative and regional
operations, $254,499,000, 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.</DELETED>
<DELETED>readiness, mitigation, response, and recovery</DELETED>
<DELETED> For necessary expenses for readiness, mitigation,
response, and recovery activities, $238,199,000 (increased by
$1,000,000) (reduced by $1,000,000), 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, $20,000,000 shall be for Urban Search and Rescue Teams, of
which not to exceed $1,600,000 may be made available for administrative
costs: Provided further, That of the amounts appropriated under this
heading, $20,000,000 shall not be available for obligation until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
catastrophic planning expenditure plan.</DELETED>
<DELETED>public health programs</DELETED>
<DELETED> For necessary expenses for countering potential
biological, disease, and chemical threats to civilian populations,
$33,885,000.</DELETED>
<DELETED>disaster relief</DELETED>
<DELETED> For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $1,662,891,000 (increased by $14,000,000), to remain
available until expended.</DELETED>
<DELETED>disaster assistance direct loan program account</DELETED>
<DELETED> 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).</DELETED>
<DELETED>flood map modernization fund</DELETED>
<DELETED> For necessary expenses pursuant to 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.</DELETED>
<DELETED>national flood insurance fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 shall be 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 pursuant
to section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4014), to remain available until September 30, 2008, including up to
$31,000,000 for flood mitigation expenses under section 1366 of such
Act (42 U.S.C. 4104c), 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 shall be available from the National
Flood Insurance Fund in excess of: (1) $70,000,000 for operating
expenses; (2) $692,999,000 for commissions and taxes of agents; (3)
such sums as are necessary for interest on Treasury borrowings; and (4)
$50,000,000 for flood mitigation actions with respect to severe
repetitive loss properties under section 1361A of such Act (42 U.S.C.
4102a) and repetitive insurance claims properties under section 1323 of
such Act (42 U.S.C. 4030), which shall remain available until expended:
Provided further, That total administrative costs shall not exceed 3
percent of the total appropriation.</DELETED>
<DELETED>national flood mitigation fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>national pre-disaster mitigation fund</DELETED>
<DELETED> For a predisaster mitigation grant program under title II
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5131 et seq.), $100,000,000, to remain available until
expended: Provided, That grants made for predisaster mitigation shall
be awarded on a competitive basis subject to the criteria in section
203(g) of such Act (42 U.S.C. 5133(g)): Provided further, That total
administrative costs shall not exceed 3 percent of the total
appropriation.</DELETED>
<DELETED>emergency food and shelter</DELETED>
<DELETED> To carry out an emergency food and shelter program
pursuant to title III of the McKinney-Vento 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.</DELETED>
<DELETED>TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND
SERVICES</DELETED>
<DELETED>United States Citizenship and Immigration Services</DELETED>
<DELETED> For necessary expenses for citizenship and immigration
services, $161,990,000 (increased by $20,000,000): Provided, That
$47,000,000 may not be obligated until the Committees on Appropriations
of the Senate and the House of Representatives receive and approve a
strategic transformation plan for United States Citizenship and
Immigration Services that has been reviewed and approved by the
Secretary of Homeland Security and reviewed by the Government
Accountability Office.</DELETED>
<DELETED>Federal Law Enforcement Training Center</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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; $210,507,000, 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: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note) is amended by striking ``5 years after the
date of the enactment of this Act'' and inserting ``December 31,
2009'', and by striking ``250'' and inserting ``350''.</DELETED>
<DELETED>acquisitions, construction, improvements, and related
expenses</DELETED>
<DELETED> 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, $42,246,000, 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.</DELETED>
<DELETED>Science and Technology</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> 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.),
$180,901,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses: Provided further, That of the
amounts made available under this heading, $98,000,000 may not be
obligated until the Under Secretary submits a detailed expenditure plan
for fiscal year 2007 programs and operations to the Committees on
Appropriations of the Senate and the House of
Representatives.</DELETED>
<DELETED>research, development, acquisition, and operations</DELETED>
<DELETED> 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.); and the
purchase or lease of not to exceed 5 vehicles, $775,370,000 (reduced by
$107,000,000), to remain available until expended: Provided, That of
the amounts made available under this heading, $400,000,000 may not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a report prepared by the
Under Secretary that describes Science and Technology's progress to
address financial management deficiencies; improve its management
controls; and implement performance measures and evaluations.</DELETED>
<DELETED>Domestic Nuclear Detection Office</DELETED>
<DELETED> For necessary expenses of the Domestic Nuclear Detection
Office, including nuclear detection research, development, testing and
evaluation, acquisition, operations, management and administration,
$500,000,000, to remain available until expended, of which not to
exceed $178,000,000 shall be for the purchase and deployment of
radiation detection equipment in accordance with the global nuclear
detection architecture; and of which not to exceed $85,200,000 shall be
for radiological and nuclear transformational research and development;
and of which not to exceed $30,468,000 shall be for the management and
administration of these programs and activities: Provided, That no
funds provided in this Act shall be used to create a Sodium-Iodide
Manufacturing Program until the Office demonstrates that Advanced
Spectroscopic Portal monitors will significantly speed commerce, reduce
the costs of secondary inspection, or significantly increase
sensitivity over current generation Radiation Portal
Monitors.</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 pursuant to 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.</DELETED>
<DELETED> 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 functions or activities for which funds have been appropriated for
Federal full-time equivalent positions; unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such reprogramming of funds.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 504. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 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.</DELETED>
<DELETED> Sec. 505. Funds made available by this Act for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414) during fiscal year 2007 until the enactment of an
Act authorizing intelligence activities for fiscal year 2007.</DELETED>
<DELETED> Sec. 506. The Federal Law Enforcement Training Center
shall lead the Federal law enforcement training accreditation process,
including 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.</DELETED>
<DELETED> Sec. 507. 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.</DELETED>
<DELETED> Sec. 508. 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.</DELETED>
<DELETED> Sec. 509. The Director of the Federal Law Enforcement
Training Center shall schedule basic and/or advanced law enforcement
training at all four training facilities under the control of the
Federal Law Enforcement Training Center to ensure that these training
centers are operated at the highest capacity throughout the fiscal
year.</DELETED>
<DELETED> Sec. 510. 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 chapter 33 of title 40, United States Code, has not been
approved, except that necessary funds may be expended for each project
for required expenses for the development of a proposed
prospectus.</DELETED>
<DELETED> Sec. 511. 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.).</DELETED>
<DELETED> Sec. 512. 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, the 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 pursuant to section
3001(c) of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 50 U.S.C. 435b(c)) and the entity selected under
section 3001(b) of such Act has reported to the Congress that the
agency selected pursuant to 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 pursuant to
section 3001 of such Act.</DELETED>
<DELETED> Sec. 513. (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
program, until the Secretary of Homeland Security certifies, and the
Government Accountability Office reports, to the Committees on
Appropriations of the Senate and the House of Representatives, that all
ten of the elements contained in paragraphs (1) through (10) of section
522(a) of Public Law 108-334 (118 Stat. 1319) have been successfully
met.</DELETED>
<DELETED> (b) The report required by subsection (a) shall be
submitted within 90 days after the Secretary provides the requisite
certification, and periodically thereafter, if necessary, until the
Government Accountability Office confirms that all ten elements have
been successfully met.</DELETED>
<DELETED> (c) Within 90 days of enactment of this Act, the Secretary
shall submit to the Committees on Appropriations of the Senate and
House of Representatives a detailed plan that describes (1) the dates
for achieving key milestones, including the date or timeframes that the
Secretary will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's certification, as
required under subsection (a).</DELETED>
<DELETED> (d) 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.</DELETED>
<DELETED> (e) 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.</DELETED>
<DELETED> (f) 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.</DELETED>
<DELETED> Sec. 514. 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).</DELETED>
<DELETED> Sec. 515. 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.</DELETED>
<DELETED> Sec. 516. None of the funds appropriated by this Act shall
be available to maintain the United States Secret Service as anything
but a distinct entity within the Department of Homeland Security and
shall not be used to merge the United States Secret Service with any
other department function, cause any personnel and operational elements
of the United States Secret Service to report to an individual other
than the Director of the United States Secret Service, or cause the
Director to report directly to any individual other than the Secretary
of Homeland Security.</DELETED>
<DELETED> Sec. 517. None of the funds appropriated to the United
States Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided, That
the Director of the United States Secret Service may enter into an
agreement to perform such service on a fully reimbursable
basis.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 519. The Transportation Security Administration (TSA)
shall utilize existing checked baggage explosive detection equipment
and screeners to screen cargo carried on passenger aircraft to the
greatest extent practicable at each airport: Provided, That TSA shall
report air cargo inspection statistics quarterly to the Committee on
Appropriations of the House of Representatives, by airport and air
carrier, within 45 days after the end of the quarter: Provided further,
That the appropriation for ``Aviation Security'' in this Act is reduced
by $100,000 for each day beyond such deadline that such quarterly
report is not provided.</DELETED>
<DELETED> Sec. 520. None of the funds available for obligation for
the transportation worker identification credential program shall be
used to develop a personalization system that is decentralized or a
card production capability that does not utilize an existing government
card production facility.</DELETED>
<DELETED> Sec. 521. (a) 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 Public Law 109-90 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, $79,347,002 are
rescinded.</DELETED>
<DELETED> (b) Additional Appropriation.--For necessary expenses of
the United States Coast Guard for ``Acquisition, Construction, and
Improvements'', there is appropriated an additional $79,347,002, to
remain available until September 30, 2009, for the service life
extension program of the current 110-foot Island Class patrol boat
fleet and the acquisition of traditional patrol boats (``parent
craft'').</DELETED>
<DELETED> Sec. 522. None of the funds made available in this Act may
be used by any person other than the privacy officer appointed pursuant
to 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 the Congress of any report prepared pursuant to
paragraph (6) of such section.</DELETED>
<DELETED> Sec. 523. 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.</DELETED>
<DELETED> Sec. 524. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'' and ``Administration''
for 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: Provided, That these funds shall be subject to section 503 of
this Act.</DELETED>
<DELETED> Sec. 525. Using funds made available in this Act, and
within 60 days of enactment of this Act, the Secretary of the
Department of Homeland Security shall revise DHS MD 11056 to include
the following: (1) that information that is three years old and not
incorporated in a current, active transportation security directive or
security plan shall be determined automatically to be releaseable
unless, for each specific document, the Secretary makes a written
determination that identifies a compelling reason why the information
must remain SSI; (2) incorporation of 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; and (3) that in
all judicial proceedings where the judge overseeing the proceeding has
adjudicated that a party needs to have access to SSI information, the
party shall be deemed a DHS Covered Person for purposes of access to
the SSI information at issue in the case unless TSA or DHS demonstrates
a compelling reason why the specific individual presents a risk of harm
to the nation.</DELETED>
<DELETED> Sec. 526. The Department of Homeland Security Working
Capital Fund, established, pursuant to section 403 of Public Law 103-
356 (31 U.S.C. 501 note), shall continue operations during fiscal year
2007.</DELETED>
<DELETED> Sec. 527. Rescission.--Of the unobligated balances from
prior year appropriations made available for the ``Counterterrorism
Fund'', $16,000,000 are rescinded.</DELETED>
<DELETED> Sec. 528. The weekly report required by Public Law 109-62
detailing the allocation and obligation of funds for ``Disaster
Relief'' shall include: (1) detailed information on each allocation,
obligation, or expenditure that totals more than $50,000,000,
categorized by increments of not larger than $50,000,000; (2) the
amount of credit card purchases by agency and mission assignment; (3)
obligations, allocations, and expenditures, categorized by agency, by
State, for New Orleans, and by purpose and mission assignment; (4)
status of the Disaster Relief Fund; and (5) specific reasons for all
waivers granted and a description of each waiver: Provided, That the
detailed information required by paragraph (1) shall include the
purpose of each allocation, obligation, or expenditure; whether the
work will be performed by a governmental agency or a contractor; and,
if the work is to be performed by a contractor, the name of the
contractor, the type of contract, and whether the contract is sole-
source, full and open competition, or limited competition.</DELETED>
<DELETED> Sec. 529. 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: Provided, That such information 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 report accompanying this Act.</DELETED>
<DELETED> Sec. 530. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal years 2007 through
2009, with respect to any undercover investigative operation of the
United States Secret Service (hereafter referred to in this section as
the ``Secret Service'') that is necessary for the detection and
prosecution of crimes against the United States--</DELETED>
<DELETED> (1) sums appropriated for the Secret Service,
including unobligated balances available from prior fiscal
years, may be used for purchasing property, buildings, and
other facilities, and for leasing space, within the United
States, the District of Columbia, and the territories and
possessions of the United States, without regard to sections
1341 and 3324 of title 31, United States Code, section 8141 of
title 40, United States Code, sections 3732(a) and 3741 of the
Revised Statutes of the United States (41 U.S.C. 11(a) and 22),
and sections 304(a) and 305 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C 254(a) and
255);</DELETED>
<DELETED> (2) sums appropriated for the Secret Service,
including unobligated balances available from prior fiscal
years, may be used to establish or to acquire proprietary
corporations or business entities as part of such undercover
operation, and to operate such corporations or business
entities on a commercial basis, without regard to sections 9102
and 9103 of title 31, United States Code;</DELETED>
<DELETED> (3) sums appropriated for the Secret Service,
including unobligated balances available from prior fiscal
years and the proceeds from such undercover operation, may be
deposited in banks or other financial institutions, without
regard to section 648 of title 18, and section 3302 of title
31, United States Code; and</DELETED>
<DELETED> (4) proceeds from such undercover operation may be
used to offset necessary and reasonable expenses incurred in
such operation, without regard to section 3302 of title 31,
United States Code.</DELETED>
<DELETED> (b) Written Certification.--The authority set forth in
subsection (a) may be exercised only upon the written certification of
the Director of the Secret Service or designee that any action
authorized by any paragraph of such subsection is necessary for the
conduct of an undercover investigative operation. Such certification
shall continue in effect for the duration of such operation, without
regard to fiscal years.</DELETED>
<DELETED> (c) Deposit of Proceeds in Treasury.--As soon as
practicable after the proceeds from an undercover investigative
operation with respect to which an action is authorized and carried out
under paragraphs (3) and (4) of subsection (a) are no longer necessary
for the conduct of such operation, such proceeds or the balance of such
proceeds remaining at the time shall be deposited in the Treasury of
the United States as miscellaneous receipts.</DELETED>
<DELETED> (d) Reporting and Deposit of Proceeds Upon Disposition of
Certain Business Entities.--If a corporation or business entity
established or acquired as part of an undercover investigative
operation under paragraph (2) of subsection (a) with a net value of
over $50,000 is to be liquidated, sold, or otherwise disposed of, the
Secret Service, as much in advance as the Director or designee
determines is practicable, shall report the circumstance to the
Secretary of Homeland Security. The proceeds of the liquidation, sale,
or other disposition, after obligations are met, shall be deposited in
the Treasury of the United States as miscellaneous receipts.</DELETED>
<DELETED> (e) Financial Audits and Reports.--</DELETED>
<DELETED> (1) The Secret Service shall conduct detailed
financial audits of closed undercover investigative operations
for which a written certification was made pursuant to
subsection (b) on a quarterly basis and shall report the
results of the audits in writing to the Secretary of Homeland
Security.</DELETED>
<DELETED> (2) The Secretary of Homeland Security shall
annually submit to the Committees on Appropriations of the
Senate and House of Representatives, at the time that the
President's budget is submitted under section 1105(a) of title
31, a summary of such audits.</DELETED>
<DELETED> Sec. 531. The Director of the Domestic Nuclear Detection
Office shall operate extramural and intramural research, development,
demonstrations, testing and evaluation programs so as to distribute
funding through grants, cooperative agreements, other transactions and
contracts.</DELETED>
<DELETED> Sec. 532. 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 that complies with sections
501, 502, and 505 of such Act.</DELETED>
<DELETED> Sec. 533. From the unobligated balances of Transportation
Security Administration ``Aviation Security'' and ``Headquarters
Administration'', $4,776,000 are rescinded.</DELETED>
<DELETED> Sec. 534. Notwithstanding the requirements of section
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, the Army Corps of Engineers may use Lot 19, Block 1 of
the Meadowview Acres Addition and Lot 8, Block 5 of the Meadowview
Acres Addition in Augusta, Kansas, for building portions of the flood-
control levee.</DELETED>
<DELETED> Sec. 535. 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 June 30, 2007.</DELETED>
<DELETED> Sec. 536. None of the funds in this Act shall be used to
recruit, hire, or employ nonscreener personnel into the Transportation
Security Administration's Federal Security Director office at each
airport participating in the security partnership program under section
44920 of title 49, United States Code, whose job title and job
description would duplicate those of nonscreener personnel employed by
the screening company that is under contract with the Transportation
Security Administration to provide security screening services at the
airport.</DELETED>
<DELETED> Sec. 537. None of the funds made available by this Act
shall be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of title V
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et
seq.), or subtitle A of title I of the Energy Policy Act of 2005
(including the amendments made thereby).</DELETED>
<DELETED> Sec. 538. None of the funds made available in this Act may
be used in contravention of section 303 of the Energy Policy Act of
1992 (42 U.S.C. 13212).</DELETED>
<DELETED> Sec. 539. None of the funds made available in this Act may
be used to award any contract for major disaster or emergency
assistance activities under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act except in accordance with section 307 of such
Act (42 U.S.C. 5150).</DELETED>
<DELETED> Sec. 540. None of the funds made available in the Act may
be used to reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics,
LLC (or both) for attorneys fees related to pending litigation against
Local 30 of the International Union of Operating Engineers.</DELETED>
<DELETED> Sec. 541. The amounts otherwise provided by this Act are
revised by reducing the amount made available for ``DEPARTMENTAL
MANAGEMENT AND OPERATIONS--Office of the Secretary and Executive
Management'', and increasing the amount made available for ``Office of
Grants and Training--firefighter assistance grants'' (for increasing
the amount under such heading to carry out section 33 of the Federal
Fire Prevention Control Act of 1974 by $2,100,000, and increasing the
amount under such heading to carry out section 34 of such Act by
$2,100,000), by $4,200,000.</DELETED>
<DELETED> Sec. 542. The amounts otherwise provided by this Act are
revised by increasing the amount made available for ``United States
Secret Service--Protection, Administration, and Training'' and the
amount made available for ``Federal Emergency Management Agency--
Readiness, Mitigation, Response, and Recovery'' by $2,000,000
respectively.</DELETED>
<DELETED> Sec. 543. None of the the funds appropriated or otherwise
made available in this Act may be used in contravention of section
642(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1373(a)).</DELETED>
<DELETED> Sec. 544. None of the funds made available by this Act may
be used to provide a foreign government information relating to the
activities of an organized volunteer civilian action group, as defined
by DHS OIG-06-4, operating in the State of California, Texas, New
Mexico, or Arizona, unless required by international treaty.</DELETED>
<DELETED> This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2007''.</DELETED>
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''.
Passed the House of Representatives June 6, 2006.
Attest:
KAREN L. HAAS,
Clerk.
Passed the Senate July 13, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary.