109 HR 5814 IH: To authorize appropriations for the Department of U.S. House of Representatives 2006-07-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5814 IN THE HOUSE OF REPRESENTATIVES July 17, 2006 Mr. King of New York (for himself, Mr. Thompson of Mississippi, Mr. Rogers of Alabama, and Mr. Meek of Florida) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To authorize appropriations for the Department of Homeland Security, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Department of Homeland Security Authorization Act for Fiscal Year 2007. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Authorization of Appropriations Sec. 101. Department of Homeland Security. Title II—Improving Management, Integration, and Oversight Subtitle A—Management Reform Sec. 201. Abolishment of Under Secretary for Management. Sec. 202. Providing direct line authority for chief operating officers. Sec. 203. Emergency planning and response for individuals with disabilities. Sec. 204. Government Accountability Office study on accessibility of emergency shelters. Sec. 205. Homeland Security Education Program. Subtitle B—Integration and Organizational Improvements Sec. 221. Establishment of Directorate for Policy, Planning, and International Affairs. Sec. 222. Consolidation of the efforts of the Center for Domestic Preparedness and the Noble Training Center. Sec. 223. Government Accountability Office study of integration and adequacy of training programs related to asylum at ports of entry. Subtitle C—Strengthening Oversight Sec. 231. Congressional notification requirement. Sec. 232. Authorization Liaison Officer. Sec. 233. Required budget line item for Office of Counternarcotics Enforcement. Sec. 234. Secure border initiative financial accountability. Title III—Procurement Reform Sec. 301. Homeland security procurement training. Sec. 302. Additional requirements to review past performance of contractors. Sec. 303. Streamlining of SAFETY Act and procurement processes. Title IV—Personnel Authorities Subtitle A—Workforce Enhancements Sec. 401. Cost-effective training for border patrol agents. Sec. 402. Continuation of Federal law enforcement training center authority to appoint and maintain a cadre of Federal annuitants to support training. Sec. 403. Canine detection team coordination and certification. Sec. 404. Authority for Customs and Border Protection to appoint and maintain a cadre of Federal annuitants. Sec. 405. Strengthening border patrol recruitment and retention. Subtitle B—Improving Security Clearance Process Sec. 411. Increased security screening of Homeland Security Officials. Sec. 412. Authorities of Chief Security Officer. Title V—Intelligence and Information Sharing Sec. 501. Departmental reorganization. Sec. 502. Intelligence components of Department of Homeland Security. Sec. 503. Homeland Security Advisory System. Sec. 504. Homeland security information sharing. Sec. 505. State, Local, Tribal, and Regional Information Fusion Center Initiative. Sec. 506. Homeland Security Information Sharing Fellows Program. Sec. 507. Full and efficient use of open source intelligence. Sec. 508. Strengthening the capabilities of the Human Smuggling and Trafficking Center. Title VI—Prevention of Nuclear and Biological Terrorism Sec. 601. Establishment of Office of Domestic Nuclear Detection. Sec. 602. Chief Medical Officer. Sec. 603. National Biosurveillance Integration System. Sec. 604. Material threats. Sec. 605. Study on national biodefense training. Sec. 606. Homeland Security Science and Technology Advisory Committee. Title VII—Homeland Security Infrastructure Protection and Cybersecurity Enhancement Sec. 701. Infrastructure Protection and Cybersecurity. Sec. 702. Cybersecurity Training Program and Equipment. Title VIII—Grants Administration Sec. 801. Faster and smarter funding for first responders. Sec. 802. Authorization of appropriations. Title IX—Transportation Security Subtitle A—Rail and Public Transportation Security Sec. 901. Transportation security. Sec. 902. Rulemaking requirements. Sec. 903. Rail and public transportation security training program. Sec. 904. Interagency cooperation. Sec. 905. Rail and public transportation security grant program. Sec. 906. Rail and public transportation security exercise program. Sec. 907. Authorization of Appropriations. Subtitle B—Transportation Security Operations Enhancements Sec. 911. Aviation security funding. Sec. 912. Research and development of transportation security technology. Sec. 913. Enforcement authority in nonaviation transportation. Sec. 914. Liability for security screening inspections. Sec. 915. Temporary private screener assistance. Sec. 916. Recurrent training to operate certain aircraft. Sec. 917. Annual report on unclaimed money recovered. Subtitle C—Passenger Screening Sec. 921. Passenger identification documents. Sec. 922. International passenger prescreening. Sec. 923. International cooperative efforts. Sec. 924. Computer assisted passenger prescreening system. Sec. 925. Federal flight deck officers. Subtitle D—Technical Amendments Sec. 931. Reporting requirements repealed. Sec. 932. Consolidation of reports. Sec. 933. Aircraft charter customer and lessee prescreening. Title X—Miscellaneous Provisions Sec. 1001. Protection of Department of Homeland Security name, initials, insignia, and seal. Sec. 1002. Authorized use of surplus military vehicles. Sec. 1003. Encouraging use of computerized training aids.

. (b)

Conforming amendment

Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 459) is repealed. (c)

Clerical Amendments

The table of contents in section 1(b) of such Act is amended— (1)by striking the item relating to section 879; (2)by striking the items relating to title VI and inserting the following: Title VI—Policy, Planning, and International Affairs Sec. 601. Directorate for Policy, Planning, and International Affairs. Sec. 602. Office of International Affairs. Sec. 603. Other offices and officials. ; and (3)by inserting after the items relating to subtitle A of title XIX, as added by section 403, the following: Subtitle B—Treatment of Certain Charitable Trusts Sec. 1811.Treatment of charitable trusts for members of the armed forces of the United States and other governmental organizations. .

222.

Consolidation of the efforts of the Center for Domestic Preparedness and the Noble Training Center

(a)

Transfer

The Noble Training Center is transferred to the Center for Domestic Preparedness. The Center for Domestic Preparedness shall integrate the Noble Training Center into the program structure of the Center for Domestic Preparedness. (b)

Executive Service designation for Director of Center for Domestic Preparedness

The Director of the Center for Domestic Preparedness of the Department of Homeland Security shall be a career appointee in the Senior Executive Service. (c)

Center for Domestic Preparedness facility management

The Director of the Center for Domestic Preparedness is authorized to obtain the transfer of the United States Army In-Processing Center (commonly referred to as the 500 Area) and portions of the former Noncommissioned Officer Housing Dormitories (commonly referred to as the 900 Area) at the former Fort McClellan, Alabama, for use by the Center for Domestic Preparedness.

223.

Government Accountability Office study of integration and adequacy of training programs related to asylum at ports of entry

(a)

In general

The Comptroller General shall conduct a study of the integration and adequacy of training for Department of Homeland Security personnel who interdict, interview, and process asylum seekers ports of entry, including at airports, in the United States. (b)

Contents of study

The study shall include— (1)an assessment of whether such training provides such personnel with adequate and clear guidance on the standards for handling asylum seekers; (2)an assessment of whether such personnel coordinate appropriately to ensure that relevant United States laws are fully enforced; and (3)recommendations, as appropriate, for steps that the Secretary of Homeland Security should take to provide better integration and adequacy of such training to such personnel in order to better secure the borders of the United States while ensuring that asylum seekers are properly processed and their claims are fully evaluated. (c)

Report

Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall submit a report summarizing the results of the study to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

C

Strengthening Oversight

231.

Congressional notification requirement

(a)

In general

Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following:

104.

Congressional notification

(a)

In general

The Secretary shall actively consult with the congressional homeland security committees, and shall keep such committees fully and currently informed with respect to all activities and responsibilities within the jurisdictions of these committees. (b)

Relationship to other law

Nothing in this section affects the requirements of section 872. The requirements of this section supplement, and do not replace, the requirements of that section. (c)

Inspector General

The Inspector General of the Department shall be responsible, independently of the responsibility of the Secretary under subsection (a), for keeping the congressional homeland security committees fully and currently informed of the Department’s activities, including informing the congressional homeland security committees of major audits, investigations, or other activities of the Inspector General by no later than 72 hours prior to the release of, or at any time upon the request by such a committee for, the findings of major audits, investigations, or other activities. Additionally, the Inspector General shall provide to such a committee a written notification and summary of the contents of its semiannual and annual reports by no later than 72 hours prior to the release of such reports. (d)

Classified notification

The Secretary may submit any information required by this section in classified form if the information is classified pursuant to applicable national security standards. (e)

Savings clause

This section shall not be construed to limit or otherwise affect the congressional notification requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), insofar as they apply to the Department. (f)

Definition

As used in this section, the term congressional homeland security committees means the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate.

. (b)

Conforming amendment

The table of contents in Section 1(a) of such Act is amended by inserting after the item relating to section 103 the following: Sec. 104. Congressional notification. . (c)

Coast Guard mission review report

Section 888(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(f)(2)) is amended— (1)by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F) respectively; and (2)by striking subparagraph (A) and inserting the following: (A)the Committee on Homeland Security and Governmental Affairs of the Senate; (B)the Committee on Homeland Security of the House of Representatives; .

232.

Authorization Liaison Officer

Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended by adding at the end the following: (d)

Authorization Liaison Officer

(1)

In general

The Chief Financial Officer shall establish the position of Authorization Liaison Officer to provide timely budget and other financial information to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The Authorization Liaison Officer shall report directly to the Chief Financial Officer. (2)

Submission of reports to Congress

The Authorization Liaison Officer shall coordinate with the Appropriations Liaison Officer within the Office of the Chief Financial Officer to ensure, to the greatest extent possible, that all reports prepared for the Committees on Appropriations of the House of Representatives and the Senate are submitted concurrently to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. .

233.

Required budget line item for Office of Counternarcotics Enforcement

In each fiscal year budget request for the Department of Homeland Security, the Secretary shall include a separate line item for each such fiscal year for expenditures by the Office of Counternarcotics Enforcement of the Department of Homeland Security.

234.

Secure border initiative financial accountability

(a)

In general

The Inspector General of the Department of Homeland Security shall review each contract action related to the Department’s Secure Border Initiative having a value greater than $20,000,000, to determine whether each such action fully complies with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned business, and timelines. The Inspector General shall complete a review under this subsection with respect to a contract action— (1)not later than 60 days after the date of the initiation of the action; and (2)upon the conclusion of the performance of the contract. (b)

Report by Inspector General

Upon completion of each review described in subsection (a), the Inspector General shall submit to the Secretary of Homeland Security a report containing the findings of the review, including findings regarding any cost overruns, significant delays in contract execution, lack of rigorous departmental contract management, insufficient departmental financial oversight, bundling that limits the ability of small business to compete, or other high risk business practices. (c)

Report by Secretary

Not later than 30 days after the receipt of each report required under subsection (b), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the findings of the report by the Inspector General and the steps the Secretary has taken, or plans to take, to address the problems identified in such report. (d)

Authorization of appropriations

In addition to amounts that are otherwise authorized to be appropriated to the Office of the Inspector General, an additional amount equal to at least five percent for fiscal year 2007, at least six percent for fiscal year 2008, and at least seven percent for fiscal year 2009 of the overall budget of the Office for each such fiscal year is authorized to be appropriated to the Office to enable the Office to carry out this section. (e)

Action by Inspector General

In the event the Inspector General becomes aware of any improper conduct or wrongdoing in accordance with the contract review required under subsection (a), the Inspector General shall, as expeditiously as practicable, refer information related to such improper conduct or wrongdoing to the Secretary of Homeland Security or other appropriate official in the Department of Homeland Security for purposes of evaluating whether to suspend or debar the contractor.

. (b)

Clerical amendment

The table of sections in section 1(b) of such Act is amended by adding at the end the following: Title XVIII—Miscellaneous provisions Subtitle A—Canine detection teams Sec. 1801. Coordination and enhancement of canine protection team training. Sec. 1802. Canine procurement. Sec. 1803. Domestic canine breeding grant program. Sec. 1804. Homeland Security Canine Detection Accreditation Board. Sec. 1805. Definitions. . (c)

Report

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the plan of the Secretary to coordinate and consolidate the canine training programs of the Department of Homeland Security in accordance with section 1801 of the Homeland Security Act of 2002, as added by subsection (b).

404.

Authority for Customs and Border Protection to appoint and maintain a cadre of Federal annuitants

(a)

In general

Notwithstanding any other provision of law, the Commissioner of United States Customs and Border Protection (CBP) may, for a period ending not later than five years after the date of the enactment of this Act, appoint and employ up to 500 Federal annuitants to any position in CBP that supports the acceleration of the ability of CBP to secure the international land and maritime borders of the United States— (1)without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2)who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title or similar provision of any other retirement system for employees. (b)

Utilization

The authority granted to the Commissioner of United States Customs and Border Protection under subsection (a) shall cease 5 years after the date of enactment of this Act, at which point, the employment of annuitants under this authority shall cease. (c)

Rule of construction

A reemployed Federal annuitant as to whom a waiver of reduction under subsection (a)(2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in such subsection) as may apply. (d)

No displacement

No appointment under this section may be made if such appointment would result in the displacement of any employee. (e)

Counting

The counting of Federal annuitants shall be done on a full-time equivalent basis. (f)

Definitions

For purposes of this section: (1)

Federal annuitant

The term Federal annuitant means an employee who has retired under the Civil Service Retirement System, the Federal Employees’ Retirement System, or any other retirement system for Federal employees. (2)

Employee

The term employee has the meaning given such term in section 2105 of title 5, United States Code.

405.

Strengthening border patrol recruitment and retention

In order to address the recruitment and retention challenges faced by United States Customs and Border Protection, the Secretary of Homeland Security shall establish a plan, consistent with existing Federal statutes applicable to pay, recruitment, relocation, and retention of Federal law enforcement officers. Such plan shall include the following components: (1)The establishment of a recruitment incentive for Border patrol agents, including the establishment of a foreign language incentive award. (2)The establishment of a retention plan, including the payment of bonuses to Border Patrol agents for every year of service after the first two years of service. (3)An increase in the pay percentage differentials to Border Patrol agents in certain high-cost areas, as determined by the Secretary, consistent with entry-level pay to other Federal, State, and local law enforcement agencies. (4)The establishment of a mechanism whereby Border Patrol agents can transfer from one location to another after the first two years of service in their initial duty location.

B

Improving Security Clearance Process

411.

Increased security screening of Homeland Security Officials

(a)

Review required

Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall conduct a Department-wide review of Department of Homeland Security security clearance and suitability review procedures for Department employees and contractors, as well as individuals in state and local government agencies and private sector entities with a need to receive classified information. (b)

Strengthening of security screening policies

(1)

In general

Based on the findings of the review conducted under subsection (a), the Secretary shall, as appropriate, take all necessary steps to strengthen the Department’s security screening policies, including consolidating the security clearance investigative authority at the Departmental Headquarters. (2)

Elements

In strengthening security screening policies under paragraph (1), the Secretary shall consider whether and where appropriate ensure that— (A)all components of the Department of Homeland Security meet or exceed Federal and Departmental standards for security clearance investigations, adjudications, and suitability reviews; (B)the Department has a cadre of well-trained adjudicators; and that the Department has in place a program to train and oversee adjudicators; and (C)suitability reviews are conducted for all Department of Homeland Security employees who transfer from a component of the Department to Departmental Headquarters.

412.

Authorities of Chief Security Officer

(a)

Establishment

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following:

708.

Chief Security Officer

(a)

Establishment

There is in the Department a Chief Security Officer. (b)

Responsibilities

The Chief Security Officer shall— (1)have responsibility for personnel security, facility access, security awareness, and related training; (2)ensure that each component of the Department complies with Federal standards for security clearances and background investigations; (3)ensure, to the greatest extent practicable, that individuals in state and local government agencies and private sector entities with a need to receive classified information, receive the appropriate clearances in a timely fashion; and (4)perform all other functions as determined by the Secretary.

. (b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by inserting after the items relating to title VII the following new item: Sec. 708. Chief Security Officer. .

. (b)

Conforming amendments

(1)Section 103(d) of the Homeland Security Act of 2002 (6 U.S.C. 113(d)) is amended by adding at the end the following: (5)A Director of the Domestic Nuclear Detection Office. . (2)Section 302 of such Act (6 U.S.C. 182) is amended— (A)in paragraph (2) by striking radiological, nuclear; and (B)in paragraph (5)(A) by striking radiological, nuclear. (3)Section 305 of such Act (6 U.S.C. 185) is amended by inserting and the Director of the Domestic Nuclear Detection Office after Technology. (4)Section 308 of such Act (6 U.S.C. 188) is amended in each of subsections (a) and (b)(1) by inserting and the Director of the Domestic Nuclear Detection Office after Technology each place it appears. (c)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the following: Title XIX—Domestic Nuclear Detection Sec. 1901.Office of  Domestic Nuclear Detection. Sec. 1902.Responsibilities of Director of the Domestic Nuclear Detection. Sec. 1903. Global nuclear detection architecture. Sec. 1904. Research and development. Sec. 1905. System assessments. Sec. 1906. Technology acquisition, deployment, support, and training. Sec. 1907. Situational awareness. Sec. 1908. Forensic analysis. Sec. 1909. Threat information. Sec. 1910. Administrative authorities. Sec. 1911. Report requirement. Sec. 1912. Advisory Council on Nuclear Detection. Sec. 1913. Interagency coordination council. Sec. 1914. Authorization of appropriations. Sec. 1915. Definitions. .

602.

Chief Medical Officer

(a)

Establishment

Title V of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following:

512.

Chief Medical Officer

(a)

In general

There is in the Department a Chief Medical Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. (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 acts of terrorism, natural disasters, and other emergencies, including the following: (1)Serving as the Secretary's principal advisor on medical and public health issues. (2)Coordinating the biosurveillance and detection activities of the Department. (3)Ensuring that decision support tools link biosurveillance and detection information to near real-time response actions at the State, local, and tribal level. (4)Ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support. (5)Serving as the Department’s primary point of contact on medical and public health issues with the Departments of Agriculture, Defense, Health and Human Services, Transportation, and Veterans Affairs, and other Federal departments or agencies. (6)Serving as the Department’s primary point of contact with respect to medical and public health matters. (7)Discharging, in coordination with the Under Secretary for Science and Technology, responsibilities of the Department related to Project Bioshield. (8)Establishing doctrine and priorities for the National Disaster Medical System and supervising its medical components, consistent with the National Response Plan and the National Incident Management System. (9)Establishing doctrine and priorities for the Metropolitan Medical Response System, consistent with the National Response Plan and the National Incident Management System. (10)Performing such other duties relating to such responsibilities as the Secretary may require. (d)

Deputy

There is in the Department a Deputy Chief Medical Officer, who shall be appointed by the Secretary and who shall assist the Chief Medical Officer in carrying out the responsibilities under subsection (c).

. (b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by inserting after the items relating to title V, the following new item: Sec. 512. Chief Medical Officer. .

603.

National Biosurveillance Integration System

(a)

Establishment

The Secretary of Homeland Security, acting through the Chief Medical Officer of the Department of Homeland Security, shall establish a National Biosurveillance Integration System (referred to in this section as the NBIS) to enhance the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data from human health, animal, plant, food, and environmental monitoring systems (both national and international) into a single comprehensive system. (b)

Requirements

The NBIS shall be designed to detect, as early as possible, a biological event that presents a risk to the United States or the infrastructure or key assets of the United States. The NBIS shall— (1)consolidate data from all relevant surveillance systems maintained by the Department of Homeland Security and other governmental and private sources, both foreign and domestic; (2)use an information technology system that uses the best available statistical and other analytical tools to automatically identify and characterize biological events in as close to real-time as possible; and (3)process and protect sensitive data consistent with requirements of applicable privacy laws including the Health Insurance Portability and Accountability Act of 1996. (c)

Responsibilities of the Chief Medical Officer of the Department of Homeland Security

(1)

In general

The Chief Medical Officer of the Department of Homeland Security shall— (A)establish an entity to perform all operations and assessments related to the NBIS; (B)continuously monitor the availability and appropriateness of data feeds and solicit new surveillance systems with data that would enhance biological situational awareness or overall NBIS performance; (C)continuously review and seek to improve the statistical and other analytical methods utilized by NBIS; (D)establish a procedure to enable States and local government entities to report suspicious events that could warrant further assessments using NBIS; (E)receive and consider all relevant homeland security information; and (F)provide technical assistance, as appropriate, to all Federal, regional, State, and local government entities and private sector entities that contribute data relevant to the operation of NBIS. (2)

Assessments

The Chief Medical Officer of the Department of Homeland Security shall— (A)continuously evaluate available data for evidence of a biological event; and (B)integrate homeland security information with NBIS data to provide overall situational awareness and determine whether a biological event has occurred. (3)

Information sharing

The Chief Medical Officer of the Department of Homeland Security shall— (A)in the event that a biological event is detected, notify the Secretary of Homeland Security and disseminate results of NBIS assessments related to that biological event to appropriate Federal, regional, State, and local response entities in a timely manner to support decision making; (B)provide reports on NBIS assessments to Federal, regional, State, and local governments and any private sector entities, as considered appropriate by the Secretary; and (C)use available information sharing networks internal to the Department, as well as those within the intelligence community and operation centers, for distributing NBIS incident or situational awareness reports. (d)

Notification of Chief Medical Officer of the Department of Homeland Security

The Secretary of Homeland Security shall ensure that the Chief Medical Officer of the Department of Homeland Security is notified of any threat of a biological event and receives all classified and unclassified reports related to threats of biological events in a timely manner. (e)

Administrative Authorities

(1)

Hiring of experts

The Chief Medical Officer of the Department of Homeland Security shall hire individuals with the necessary expertise to develop and operate the NBIS system. (2)

Detail of personnel

Upon the request of the Chief Medical Officer of the Department of Homeland Security, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Department to assist the Chief Medical Officer of the Department of Homeland Security in carrying out this section. (3)

Privacy

The Chief Medical Officer of the Department of Homeland Security shall ensure all applicable privacy regulations are strictly adhered to in the operation of the NBIS and the sharing of any information related to the NBIS. (f)

Joint biosurveillance leadership council

The Chief Medical Officer of the Department of Homeland Security shall— (1)establish an interagency coordination council to facilitate interagency cooperation to advise the Chief Medical Officer of the Department of Homeland Security on recommendations to enhance the biosurveillance capabilities of the Department; and (2)invite officials of Federal agencies that conduct biosurveillance programs, including the Department of Health and Human Services, the Department of Agriculture, the Environment Protection Agency, and the Department of Defense, to serve on such council. (g)

Annual report required

Not later than December 31 of each year, the Chief Medical Officer of the Department of Homeland Security shall submit to Congress a report that contains each of the following: (1)A list of departments, agencies, and private or nonprofit entities participating in the NBIS and the data each entity contributes to the NBIS. (2)An implementation plan for the NBIS that includes cost, schedule, and key milestones. (3)The status of the implementation of the NBIS. (4)The schedule for obtaining access to any relevant biosurveillance information not compiled in NBIS as of the date on which the report is submitted. (5)A description of the incident reporting or decision making protocols in effect as of the date on which the report is submitted and any changes made to such protocols during the period beginning on the date on which the report for the preceding year was submitted and ending on the date on which the report is submitted. (6)A list of any Federal, State, or local government entities that have direct or indirect access to the information that is integrated into the NBIS. (h)

Relationship to other departments and agencies

The authority of the Chief Medical Officer of the Department of Homeland Security under this section shall not affect an authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency. (i)

Biological event

For purposes of this section, the term biological event means— (1)an act of terrorism that uses material of biological origins; or (2)a naturally occurring outbreak of an infectious disease that may affect national security.

604.

Material threats

(a)

In general

Section 319F–2(c)(2)(A) of the Public Health Service Act (42 U.S.C. 247d–6b(c)(2)(A)) is amended— (1)by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2)by moving each of such subclauses two ems to the right; (3)by striking (A) Material threat.—The Homeland Security Secretary and inserting the following: (A)

Material threat

(i)

In general

The Homeland Security Secretary ; and (4)by adding at the end the following clauses: (ii)

Use of existing risk assessments

For the purpose of satisfying the requirements of clause (i) as expeditiously as possible, the Homeland Security Secretary shall, as practicable, utilize existing risk assessments that such Secretary considers credible. (iii)

Order of assessments

(I)

Groupings to facilitate assessment of countermeasures

In conducting threat assessments and determinations under clause (i) of chemical, biological, radiological, and nuclear agents, the Homeland Security Secretary shall, to the extent practicable and appropriate, consider the completion of such assessments and determinations for groups of agents toward the goal of facilitating the assessment of countermeasures under paragraph (3) by the Secretary of Health and Human Services. (II)

Categories of countermeasures

The grouping of agents under subclause (I) by the Homeland Security Secretary shall be designed to facilitate assessments under paragraph (3) by the Secretary of Health and Human Services regarding the following two categories of countermeasures: (aa)Countermeasures that may address more than one agent identified under clause (i)(II). (bb)Countermeasures that may address adverse health consequences that are common to exposure to different agents. (III)

Rule of construction

A particular grouping of agents pursuant to subclause (II) is not required under such subclause to facilitate assessments of both categories of countermeasures described in such subclause. A grouping may concern one category and not the other. (iv)

Time frame for completion of certain national-security determinations

With respect to chemical, biological, radiological, and nuclear agents known to the Homeland Security Secretary as of the day before the date of the enactment of this Act, and which such Secretary considers to be capable of significantly affecting national security, such Secretary shall complete the determinations under clause (i)(II) not later than December 31, 2007. (v)

Definition

For purposes of this subparagraph, the term risk assessment means a scientific, technically-based analysis of agents that incorporates threat, vulnerability, and consequence information. . (b)

Authorization of appropriations

Section 510(d) of the Homeland Security Act of 2002 (6 U.S.C. 320(d)) is amended— (1)in paragraph (1), by striking 2006, and inserting 2009,; and (2)by adding at the end the following: (3)

Additional authorization of appropriations regarding certain threat assessments

For the purpose of providing an additional amount to the Secretary to assist the Secretary in meeting the requirements of clause (iv) of section 319F–2(c)(2)(A)) of the Public Health Service Act (relating to time frames), there are authorized to be appropriated such sums as may be necessary for fiscal year 2007, in addition to the authorization of appropriations established in paragraph (1). The purposes for which such additional amount may be expended include conducting risk assessments regarding clause (i)(II) of such section when there are no existing risk assessments that the Secretary considers credible. .

605.

Study on national biodefense training

(a)

Study required

The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Secretary for Health and Human Services, conduct a study to determine the staffing and training requirements for pending capital programs to construct biodefense laboratories (including agriculture and animal laboratories) at Biosafety Level 3 and Biosafety Level 4 or to expand current biodefense laboratories to such biosafety levels. (b)

Elements

In conducting the study, the Secretary of Homeland Security shall address the following: (1)The number of trained personnel, by discipline and qualification level, required for existing biodefense laboratories at Biosafety Level 3 and Biosafety Level 4. (2)The number of research and support staff, including researchers, laboratory technicians, animal handlers, facility managers, facility or equipment maintainers, biosecurity personnel (including biosafety, physical, and electronic security personnel), and other safety personnel required to manage biodefense research efforts to combat bioterrorism at the biodefense laboratories described in subsection (a). (3)The training required to provide the personnel described by paragraphs (1) and (2), including the type of training (whether classroom, laboratory, or field training) required, the length of training required by discipline, and the curriculum required to be developed for such training. (4)Training schedules necessary to meet the scheduled openings of the biodefense laboratories described in subsection (a), including schedules for refresher training and continuing education that may be necessary for that purpose. (c)

Report

Not later than December 31, 2006, the Secretary of Homeland Security shall submit to Congress a report setting forth the results of the study conducted under this section.

606.

Homeland Security Science and Technology Advisory Committee

Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C. 191(j)) is amended to read as follows: (j)

Termination

The Department of Homeland Security Science and Technology Advisory Committee shall terminate on the date that is 10 years after the date on which it was established. .

. (b)

Definition of Emergency Response Providers

Paragraph (6) of section 2 of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101(6)) is amended by striking includes and all that follows and inserting includes Federal, State, and local governmental and nongovernmental emergency public safety, law enforcement, fire, emergency response, emergency medical (including hospital emergency facilities), and related personnel, organizations, agencies, and authorities.. (c)

Superseded provision

This section supersedes section 1014(c)(3) of Public Law 107–56.

802.

Authorization of appropriations

Of the amount authorized to be appropriated under section 101 for fiscal year 2007, $2,900,000,000 is for making covered grants (as that term is defined in section 2001 of the Homeland Security Act of 2002, as added by section 801 for that fiscal year.