[Congressional Record Volume 152, Number 89 (Tuesday, July 11, 2006)]
[Senate]
[Pages S7339-S7356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4550. Mr. SPECTER (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 92, line 2, strike the semicolon and insert the 
     following: ``: Provided, That $25,000,000 shall be available 
     until expended for assistance to organizations (as described 
     under section 501(c)(3) of the Internal Revenue Code of 1986 
     and exempt from tax section 501(a) of such Code (in this 
     subparagraph referred to as ``nonprofit organizations'')) 
     determined by the Secretary to be at high-risk or potential 
     high-risk of a terrorist attack, and that these 
     determinations shall not be delegated to any Federal, State, 
     or local government official: Provided further, That not 
     later than 45 days after the date of enactment of this Act, 
     the Secretary of Homeland Security shall make available to 
     nonprofit organizations the requirements for an application 
     for a grant under the preceding proviso, which application 
     shall be submitted not later than 45 days after the date of 
     the grant announcement, and the Office for Grants and 
     Training shall take action on such an application not later 
     than 15 days after the date of receiving such application: 
     Provided further, That the Secretary of Homeland Security 
     shall submit an annual report to the Committee on 
     Appropriations of the Senate and Committee on Appropriations 
     of the House of Representatives on the threat or potential 
     threat to each nonprofit organization receiving a grant under 
     this subparagraph: Provided further, That the Secretary shall 
     distribute any unallocated funds to assist nonprofit 
     organizations determined by the Secretary to be at high-risk 
     or potential high-risk of a terrorist attack 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'' under the terms 
     and conditions in this subparagraph: Provided further, That 
     in determining the allocation of funds to nonprofit 
     organizations under this subparagraph the Secretary shall 
     consider--
       (i) potential threats from any organization designated as 
     an international terrorist organization by the Department of 
     State or a separate network or cell that may operate 
     domestically or internationally against any group of United 
     States citizens who operate or are principal beneficiaries or 
     users of a nonprofit organization;
       (ii) prior attacks, within or outside the United States by 
     an organization described in clause (i) against a nonprofit 
     organization or entities associated with or similarly 
     situated as a nonprofit organization;
       (iii) symbolic value (including whether a nonprofit 
     organization is a highly recognized national, cultural, or 
     historic institution);
       (iv) the role of a nonprofit organization in responding to 
     an international terrorist attack;
       (v) any previously conducted threat or vulnerability 
     assessments; and
       (vi) any increased threats to specific sectors or areas;
       On page 92, line 19, before the comma insert ``other than 
     grants to nonprofit organizations as provided for under that 
     subparagraph''.
                                 ______
                                 
  SA 4551. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS.

       None of the funds appropriated by this Act may be used to 
     temporarily or permanently seize any firearm the possession 
     of which is not prohibited under Federal or State law, other 
     than for forfeiture in compliance with Federal or State law 
     or as evidence in a criminal investigation.
                                 ______
                                 
  SA 4552. Mr. KERRY (for himself, Ms. Snowe, and Mr. Lautenberg) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5441, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.__. TSA ACQUISITION MANAGEMENT POLICY.

       (a) In General.--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) Effective Date.--The amendment made by subsection (a) 
     shall take effect 180 days after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 4553. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 91, line 6, strike ``$2,393,500,000'' and insert 
     ``$3,493,500,000''.
       On page 91, line 22, strike ``$1,172,000,000'' and insert 
     ``$2,272,000,000''.
       On page 92, line 13, strike ``$150,000,000'' and insert 
     ``$1,250,000,000''.
       On page 92, line 16, before the semicolon, insert the 
     following: ``, of which--
       (i) $670,000,000 shall be for tunnel upgrades along the 
     Northeast corridor;
       (ii) $250,000,000 shall be for passenger and freight rail 
     security grants;
       (iii) $100,000,000 shall be for research and development of 
     bomb detection technology; and
       (iv) $65,000,000 shall be for intercity passenger rail 
     security upgrades, of which $25,000,000 shall be used--

       (I) to provide a 25 percent salary increase for existing 
     Amtrak Police personnel; and
       (II) to expand the Amtrak police force by 200 officers

                                 ______
                                 
  SA 4554. Mr. SALAZAR (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. 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.
                                 ______
                                 
  SA 4555. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. The Secretary of Homeland Security shall prepare a 
     report for submission to Congress by the President with the 
     budget for fiscal year 2008 transmitted under section 1105(a) 
     of title 31, United States Code, 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

[[Page S7340]]

     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).
                                 ______
                                 
  SA 4556. Mrs. FEINSTEIN (for herself, Mr. Kyl, Mrs. Boxer, Mr. 
Talent, Ms. Cantwell, Mr. Salazar, Mr. Bingaman, Mrs. Hutchison, Mr. 
Allen, Mr. Domenici, and Mr. Brownback) submitted an amendment intended 
to be proposed by him to the bill H.R. 5441, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (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.
                                 ______
                                 
  SA 4557. Mr. BYRD (for himself, Mr. Gregg, Mrs. Murray, Mr. 
Rockefeller, Mr. Bingaman, and Mr. Lieberman) proposed an amendment to 
the bill1 H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; as follows:

       At the appropriate place in the bill insert the following:

                                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).
                                 ______
                                 
  SA 4558. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 5441, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2007, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:


             CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY

       Sec.   . 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.
                                 ______
                                 
  SA 4559. Mr. BYRD (for himself, Mr. Gregg, Mr. Kohl, Mrs. Clinton, 
Mr. Menendez, Mrs. Murray, Mr. Rockefeller, Mr. Lieberman, Mr. 
Lautenberg, and Mr. Schumer) proposed an amendment to the bill H.R. 
5441, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

 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.

                       UNITED STATES COAST GUARD

              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

[[Page S7341]]

     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).
                                 ______
                                 
  SA 4560. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Lott, Mr. 
Carper, and Mr. Salazar) proposed an amendment to the bill H.R. 5441, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       On page 127, between lines 2 and 3, insert the following:

         TITLE VI--UNITED STATES EMERGENCY MANAGEMENT AUTHORITY

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``United States Emergency 
     Management Authority Act of 2006''.

     SEC. 602. 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--

[[Page S7342]]

       ``(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.

[[Page S7343]]

       ``(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

[[Page S7344]]

     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

[[Page S7345]]

     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.

[[Page S7346]]

       ``(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. 603. 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. 604. 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. 605. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on January 1, 2007.

                                 ______
                                 
  SA 4561. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. 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.

                                 ______
                                 
  SA 4562. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. 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.
                                 ______
                                 
  SA 4563. Mrs. CLINTON (for herself, Mr. Akaka, Mr. Leahy, Mr. 
Jeffords, Mr. Boxer, Mr. Lautenberg, and Ms. Mikulski) submitted an 
amendment intended to be proposed by her to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; as follows:

       At the end of the bill, add the following:

             TITLE VI--FEDERAL EMERGENCY MANAGEMENT AGENCY

                       Subtitle A--Establishment

     SEC. 601. ESTABLISHMENT OF AGENCY AND DIRECTOR AND DEPUTY 
                   DIRECTOR.

       (a) Establishment.--The Federal Emergency Management Agency 
     is established as an independent establishment in the 
     executive branch as defined under section 104 of title 5, 
     United States Code.
       (b) Director.--
       (1) In general.--The Director of the Federal Emergency 
     Management Agency shall be the head of the Federal Emergency 
     Management Agency. The Director shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director shall report directly to the President.
       (2) Qualifications.--The Director of the Federal Emergency 
     Management Agency shall have significant experience, 
     knowledge,

[[Page S7347]]

     training, and expertise in the area of emergency 
     preparedness, response, recovery, and mitigation as related 
     to natural disasters and other national cataclysmic events.
       (3) Executive schedule position.--Section 5312 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Director of the Federal Emergency Management Agency.''.
       (c) Deputy Director.--
       (1) In general.--The Deputy Director of the Federal 
     Emergency Management Agency shall assist the Director of the 
     Federal Emergency Management Agency. The Deputy Director 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
       (2) Qualifications.--The Deputy Director of the Federal 
     Emergency Management Agency shall have significant 
     experience, knowledge, training, and expertise in the area of 
     emergency preparedness, response, recovery, and mitigation as 
     related to natural disasters and other national cataclysmic 
     events.
       (3) Executive schedule position.--Section 5313 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Deputy Director of the Federal Emergency Management 
     Agency.''.

     SEC. 602. FUNCTIONS.

       (a) In General.--The functions of the Federal Emergency 
     Management Agency include the following:
       (1) All functions and authorities prescribed by the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Carrying out its 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 management 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) planning for building the emergency management 
     profession 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 
     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) increased efficiencies, by coordinating efforts 
     relating to mitigation, planning, response, and recovery.
       (b) National Response Plan.--
       (1) Role of fema.--Notwithstanding any provision of the 
     Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the 
     Federal Emergency Management Agency shall remain the lead 
     agency for the National Response Plan established under 
     Executive Order No. 12148 (44 Fed. Reg. 43239) and Executive 
     Order No. 12656 (53 Fed. Reg. 47491).
       (2) Revision of response plan.--Not later than 60 days 
     after the date of enactment of this Act, the Director of the 
     Federal Emergency Management Agency shall revise the National 
     Response Plan to reflect the establishment of the Federal 
     Emergency Management Agency as an independent establishment 
     under this Act.
       (c) Technical and Conforming Amendments.--
       (1) In general.--Section 507 of the Homeland Security Act 
     of 2002 (6 U.S.C. 317) is repealed.
       (2) Other provisions.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (A) in section 430(c)--
       (i) in paragraph (7), by adding ``and'' at the end;
       (ii) by striking paragraph (8); and
       (iii) by redesignating paragraph (9) as paragraph (8); and
       (B) in section 503--
       (i) by striking paragraph (1); and
       (ii) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) through (4), respectively.
       (3) Table of contents.--The table of contents for the 
     Homeland Security Act of 2002 (6 U.S.C. 101) is amended by 
     striking the item relating to section 507.

     SEC. 603. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed to detract from 
     the Department of Homeland Security's primary mission to 
     secure the homeland from terrorist attacks.

              Subtitle B--Transfer and Savings Provisions

     SEC. 611. DEFINITIONS.

       In this subtitle, unless otherwise provided or indicated by 
     the context--
       (1) the term ``Federal agency'' has the meaning given to 
     the term ``agency'' by section 551(1) of title 5, United 
     States Code;
       (2) the term ``function'' means any duty, obligation, 
     power, authority, responsibility, right, privilege, activity, 
     or program; and
       (3) the term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof.

     SEC. 612. TRANSFER OF FUNCTIONS.

       There are transferred to the Federal Emergency Management 
     Agency established under section 601 of this Act all 
     functions which the Director of the Federal Emergency 
     Management Agency of the Department of Homeland Security 
     exercised before the date of the enactment of this title.

     SEC. 613. PERSONNEL PROVISIONS.

       (a) Appointments.--The Director of the Federal Emergency 
     Management Agency may appoint and fix the compensation of 
     such officers and employees, including investigators, 
     attorneys, and administrative law judges, as may be necessary 
     to carry out the respective functions transferred under this 
     title. Except as otherwise provided by law, such officers and 
     employees shall be appointed in accordance with the civil 
     service laws and their compensation fixed in accordance with 
     title 5, United States Code.
       (b) Experts and Consultants.--The Director of the Federal 
     Emergency Management Agency may obtain the services of 
     experts and consultants in accordance with section 3109 of 
     title 5, United States Code, and compensate such experts and 
     consultants for each day (including traveltime) at rates not 
     in excess of the rate of pay for level IV of the Executive 
     Schedule under section 5315 of such title. The Director of 
     the Federal Emergency Management Agency may pay experts and 
     consultants who are serving away from their homes or regular 
     place of business, travel expenses and per diem in lieu of 
     subsistence at rates authorized by sections 5702 and 5703 of 
     such title for persons in Government service employed 
     intermittently.

     SEC. 614. DELEGATION AND ASSIGNMENT.

       Except where otherwise expressly prohibited by law or 
     otherwise provided by this title, the Director of the Federal 
     Emergency Management Agency may delegate any of the functions 
     transferred to the Director of the Federal Emergency 
     Management Agency by this title and any function transferred 
     or granted to such Director after the effective date of this 
     title to such officers and employees of the Federal Emergency 
     Management Agency as the Director may designate, and may 
     authorize successive redelegations of such functions as may 
     be necessary or appropriate. No delegation of functions by 
     the Director of the Federal Emergency Management Agency under 
     this section or under any other provision of this title shall 
     relieve such Director of responsibility for the 
     administration of such functions.

     SEC. 615. REORGANIZATION.

       The Director of the Federal Emergency Management Agency is 
     authorized to allocate or reallocate any function transferred 
     under section 612 among the officers of the Federal Emergency 
     Management Agency, and to establish, consolidate, alter, or 
     discontinue such organizational entities in the Federal 
     Emergency Management Agency as may be necessary or 
     appropriate.

     SEC. 616. RULES.

       The Director of the Federal Emergency Management Agency is 
     authorized to prescribe, in accordance with the provisions of 
     chapters 5 and 6 of title 5, United States Code, such rules 
     and regulations as the Director determines necessary or 
     appropriate to administer and manage the functions of the 
     Federal Emergency Management Agency.

     SEC. 617. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND 
                   PERSONNEL.

       Except as otherwise provided in this title, the personnel 
     employed in connection with, and the assets, liabilities, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     employed, used, held, arising from, available to, or to be 
     made available in connection with the functions transferred 
     by this title, subject to section 1531 of title 31, United 
     States Code, shall be transferred to the Federal Emergency 
     Management Agency. Unexpended funds transferred pursuant to 
     this section shall be used only for the purposes for which 
     the funds were originally authorized and appropriated.

     SEC. 618. INCIDENTAL TRANSFERS.

       The Director of the Office of Management and Budget, at 
     such time or times as the Director shall provide, is 
     authorized to make such determinations as may be necessary 
     with regard to the functions transferred by this title, and 
     to make such additional incidental dispositions of personnel, 
     assets, liabilities, grants, contracts, property, records, 
     and unexpended balances of appropriations, authorizations, 
     allocations, and other funds held, used, arising from, 
     available to, or to be made available in connection with such 
     functions, as may be necessary to carry out the provisions of 
     this title. The Director of the Office of Management and 
     Budget shall provide for the termination of the affairs of 
     all entities terminated by this title and for such further 
     measures and dispositions as may be necessary to effectuate 
     the purposes of this title.

     SEC. 619. EFFECT ON PERSONNEL.

       (a) In General.--Except as otherwise provided by this 
     title, the transfer pursuant to this title of full-time 
     personnel (except special Government employees) and part-time 
     personnel holding permanent positions shall not cause any 
     such employee to be separated or reduced in grade or 
     compensation for one year after the date of transfer of such 
     employee under this title.
       (b) Executive Schedule Positions.--Except as otherwise 
     provided in this title, any person who, on the day preceding 
     the effective date of this title, held a position compensated 
     in accordance with the Executive Schedule prescribed in 
     chapter 53 of title 5, United States Code, and who, without a 
     break in service, is appointed in the Federal Emergency 
     Management Agency to a position having duties comparable to 
     the duties performed immediately preceding such appointment 
     shall continue to be compensated

[[Page S7348]]

     in such new position at not less than the rate provided for 
     such previous position, for the duration of the service of 
     such person in such new position.

     SEC. 620. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     title, and
       (2) which are in effect at the time this title takes 
     effect, or were final before the effective date of this title 
     and are to become effective on or after the effective date of 
     this title,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Director of the 
     Federal Emergency Management Agency or other authorized 
     official, a court of competent jurisdiction, or by operation 
     of law.
       (b) Proceedings Not Affected.--The provisions of this title 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     the Federal Emergency Management Agency at the time this 
     title takes effect, with respect to functions transferred by 
     this title but such proceedings and applications shall 
     continue. Orders shall be issued in such proceedings, appeals 
     shall be taken therefrom, and payments shall be made pursuant 
     to such orders, as if this title had not been enacted, and 
     orders issued in any such proceedings shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law. Nothing in this 
     subsection shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this title had not been 
     enacted.
       (c) Suits Not Affected.--The provisions of this title shall 
     not affect suits commenced before the effective date of this 
     title, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this title had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Federal Emergency 
     Management Agency, or by or against any individual in the 
     official capacity of such individual as an officer of the 
     Federal Emergency Management Agency, shall abate by reason of 
     the enactment of this title.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the Federal 
     Emergency Management Agency relating to a function 
     transferred under this title may be continued by the Federal 
     Emergency Management Agency with the same effect as if this 
     title had not been enacted.

     SEC. 621. SEPARABILITY.

       If a provision of this title or its application to any 
     person or circumstance is held invalid, neither the remainder 
     of this title nor the application of the provision to other 
     persons or circumstances shall be affected.

     SEC. 622. TRANSITION.

       The Director of the Federal Emergency Management Agency is 
     authorized to utilize--
       (1) the services of such officers, employees, and other 
     personnel of the Federal Emergency Management Agency with 
     respect to functions transferred by this title; and
       (2) funds appropriated to such functions for such period of 
     time as may reasonably be needed to facilitate the orderly 
     implementation of this title.

     SEC. 623. REFERENCES.

       Any reference in any other Federal law, Executive order, 
     rule, regulation, or delegation of authority, or any document 
     of or pertaining to a department, agency, or office from 
     which a function is transferred by this title--
       (1) to the head of such department, agency, or office is 
     deemed to refer to the head of the department, agency, or 
     office to which such function is transferred; or
       (2) to such department, agency, or office is deemed to 
     refer to the department, agency, or office to which such 
     function is transferred.

     SEC. 624. ADDITIONAL CONFORMING AMENDMENTS.

       (a) Recommended Legislation.--After consultation with the 
     appropriate committees of the Congress and the Director of 
     the Office of Management and Budget, the Director of the 
     Federal Emergency Management Agency shall prepare and submit 
     to Congress recommended legislation containing technical and 
     conforming amendments to reflect the changes made by this 
     title.
       (b) Submission to Congress.--Not later than 6 months after 
     the effective date of this title, the Director of the Federal 
     Emergency Management Agency shall submit the recommended 
     legislation referred to under subsection (a).
                                 ______
                                 
  SA 4564. Mrs. CLINTON (for herself, Mr. Akaka, Mr. Leahy, Mr. 
Jeffords, Mrs. Boxer, Mr. Lautenberg, and Ms. Mikulski) submitted an 
amendment intended to be proposed by her to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

         At the end of the bill, add the following:
             TITLE VI--FEDERAL EMERGENCY MANAGEMENT AGENCY
                       Subtitle A--Establishment

     SEC. 601. ESTABLISHMENT OF AGENCY AND DIRECTOR AND DEPUTY 
                   DIRECTOR.

         (a) Establishment.--The Federal Emergency Management 
     Agency is established as an independent establishment in the 
     executive branch as defined under section 104 of title 5, 
     United States Code.
         (b) Director.--
         (1) In general.--The Director of the Federal Emergency 
     Management Agency shall be the head of the Federal Emergency 
     Management Agency. The Director shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director shall report directly to the President.
         (2) Qualifications.--The Director of the Federal 
     Emergency Management Agency shall have significant 
     experience, knowledge, training, and expertise in the area of 
     emergency preparedness, response, recovery, and mitigation as 
     related to natural disasters and other national cataclysmic 
     events.
         (3) Executive schedule position.--Section 5312 of title 
     5, United States Code, is amended by adding at the end the 
     following:
         ``Director of the Federal Emergency Management Agency.''.
         (c) Deputy Director.--
         (1) In general.--The Deputy Director of the Federal 
     Emergency Management Agency shall assist the Director of the 
     Federal Emergency Management Agency. The Deputy Director 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
         (2) Qualifications.--The Deputy Director of the Federal 
     Emergency Management Agency shall have significant 
     experience, knowledge, training, and expertise in the area of 
     emergency preparedness, response, recovery, and mitigation as 
     related to natural disasters and other national cataclysmic 
     events.
         (3) Executive schedule position.--Section 5313 of title 
     5, United States Code, is amended by adding at the end the 
     following:
         ``Deputy Director of the Federal Emergency Management 
     Agency.''.

     SEC. 602. FUNCTIONS.

         (a) In General.--The functions of the Federal Emergency 
     Management Agency include the following:
         (1) All functions and authorities prescribed by the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).
         (2) Carrying out its 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 management program--
         (A) of mitigation, by taking sustained actions to reduce 
     or eliminate long-term risk to people and property from 
     hazards and their effects;
         (B) of planning for building the emergency management 
     profession to prepare effectively for, mitigate against, 
     respond to, and recover from any hazard;
         (C) of response, by conducting emergency operations to 
     save lives and property through positioning emergency 
     equipment 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) of 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) of increased efficiencies, by coordinating efforts 
     relating to mitigation, planning, response, and recovery.
         (b) National Response Plan.--
         (1) Role of fema.--Notwithstanding any provision of the 
     Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the 
     Federal Emergency Management Agency shall remain the lead 
     agency for the National Response Plan established under 
     Executive Order No. 12148 (44 Fed. Reg. 43239) and Executive 
     Order No. 12656 (53 Fed. Reg. 47491).
         (2) Revision of response plan.--Not later than 60 days 
     after the date of enactment of this Act, the Director of the 
     Federal Emergency Management Agency shall revise the National 
     Response Plan to reflect the establishment of the Federal 
     Emergency Management Agency as an independent establishment 
     under this Act.
         (c) Technical and Conforming Amendment.--
         (1) Repeal.--Section 507 of the Homeland Security Act of 
     2002 (6 U.S.C. 317) is repealed.
         (2) Table of contents.--The table of contents for the 
     Homeland Security Act of 2002 (6 U.S.C. 101) is amended by 
     striking the item relating to section 507.

     SEC. 603. RULE OF CONSTRUCTION.

         Nothing in this title shall be construed to detract from 
     the Department of Homeland Security's primary mission to 
     secure the homeland from terrorist attacks.
              Subtitle B--Transfer and Savings Provisions

     SEC. 611. DEFINITIONS.

         In this subtitle, unless otherwise provided or indicated 
     by the context--

[[Page S7349]]

         (1) the term ``Federal agency'' has the meaning given to 
     the term ``agency'' by section 551(1) of title 5, United 
     States Code;
         (2) the term ``function'' means any duty, obligation, 
     power, authority, responsibility, right, privilege, activity, 
     or program; and
         (3) the term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof.

     SEC. 612. TRANSFER OF FUNCTIONS.

         There are transferred to the Federal Emergency Management 
     Agency established under section 601 of this Act all 
     functions which the Director of the Federal Emergency 
     Management Agency of the Department of Homeland Security 
     exercised before the date of the enactment of this title.

     SEC. 613. PERSONNEL PROVISIONS.

         (a) Appointments.--The Director of the Federal Emergency 
     Management Agency may appoint and fix the compensation of 
     such officers and employees, including investigators, 
     attorneys, and administrative law judges, as may be necessary 
     to carry out the respective functions transferred under this 
     title. Except as otherwise provided by law, such officers and 
     employees shall be appointed in accordance with the civil 
     service laws and their compensation fixed in accordance with 
     title 5, United States Code.
         (b) Experts and Consultants.--The Director of the Federal 
     Emergency Management Agency may obtain the services of 
     experts and consultants in accordance with section 3109 of 
     title 5, United States Code, and compensate such experts and 
     consultants for each day (including traveltime) at rates not 
     in excess of the rate of pay for level IV of the Executive 
     Schedule under section 5315 of such title. The Director of 
     the Federal Emergency Management Agency may pay experts and 
     consultants who are serving away from their homes or regular 
     place of business, travel expenses and per diem in lieu of 
     subsistence at rates authorized by sections 5702 and 5703 of 
     such title for persons in Government service employed 
     intermittently.

     SEC. 614. DELEGATION AND ASSIGNMENT.

         Except where otherwise expressly prohibited by law or 
     otherwise provided by this title, the Director of the Federal 
     Emergency Management Agency may delegate any of the functions 
     transferred to the Director of the Federal Emergency 
     Management Agency by this title and any function transferred 
     or granted to such Director after the effective date of this 
     title to such officers and employees of the Federal Emergency 
     Management Agency as the Director may designate, and may 
     authorize successive redelegations of such functions as may 
     be necessary or appropriate. No delegation of functions by 
     the Director of the Federal Emergency Management Agency under 
     this section or under any other provision of this title shall 
     relieve such Director of responsibility for the 
     administration of such functions.

     SEC. 615. REORGANIZATION.

         The Director of the Federal Emergency Management Agency 
     is authorized to allocate or reallocate any function 
     transferred under section 612 among the officers of the 
     Federal Emergency Management Agency, and to establish, 
     consolidate, alter, or discontinue such organizational 
     entities in the Federal Emergency Management Agency as may be 
     necessary or appropriate.

     SEC. 616. RULES.

         The Director of the Federal Emergency Management Agency 
     is authorized to prescribe, in accordance with the provisions 
     of chapters 5 and 6 of title 5, United States Code, such 
     rules and regulations as the Director determines necessary or 
     appropriate to administer and manage the functions of the 
     Federal Emergency Management Agency.

     SEC. 617. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND 
                   PERSONNEL.

         Except as otherwise provided in this title, the personnel 
     employed in connection with, and the assets, liabilities, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     employed, used, held, arising from, available to, or to be 
     made available in connection with the functions transferred 
     by this title, subject to section 1531 of title 31, United 
     States Code, shall be transferred to the Federal Emergency 
     Management Agency. Unexpended funds transferred pursuant to 
     this section shall be used only for the purposes for which 
     the funds were originally authorized and appropriated.

     SEC. 618. INCIDENTAL TRANSFERS.

         The Director of the Office of Management and Budget, at 
     such time or times as the Director shall provide, is 
     authorized to make such determinations as may be necessary 
     with regard to the functions transferred by this title, and 
     to make such additional incidental dispositions of personnel, 
     assets, liabilities, grants, contracts, property, records, 
     and unexpended balances of appropriations, authorizations, 
     allocations, and other funds held, used, arising from, 
     available to, or to be made available in connection with such 
     functions, as may be necessary to carry out the provisions of 
     this title. The Director of the Office of Management and 
     Budget shall provide for the termination of the affairs of 
     all entities terminated by this title and for such further 
     measures and dispositions as may be necessary to effectuate 
     the purposes of this title.

     SEC. 619. EFFECT ON PERSONNEL.

         (a) In General.--Except as otherwise provided by this 
     title, the transfer pursuant to this title of full-time 
     personnel (except special Government employees) and part-time 
     personnel holding permanent positions shall not cause any 
     such employee to be separated or reduced in grade or 
     compensation for one year after the date of transfer of such 
     employee under this title.
         (b) Executive Schedule Positions.--Except as otherwise 
     provided in this title, any person who, on the day preceding 
     the effective date of this title, held a position compensated 
     in accordance with the Executive Schedule prescribed in 
     chapter 53 of title 5, United States Code, and who, without a 
     break in service, is appointed in the Federal Emergency 
     Management Agency to a position having duties comparable to 
     the duties performed immediately preceding such appointment 
     shall continue to be compensated in such new position at not 
     less than the rate provided for such previous position, for 
     the duration of the service of such person in such new 
     position.

     SEC. 620. SAVINGS PROVISIONS.

         (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
         (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     title, and
         (2) which are in effect at the time this title takes 
     effect, or were final before the effective date of this title 
     and are to become effective on or after the effective date of 
     this title,
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Director of the 
     Federal Emergency Management Agency or other authorized 
     official, a court of competent jurisdiction, or by operation 
     of law.
         (b) Proceedings Not Affected.--The provisions of this 
     title shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     the Federal Emergency Management Agency at the time this 
     title takes effect, with respect to functions transferred by 
     this title but such proceedings and applications shall 
     continue. Orders shall be issued in such proceedings, appeals 
     shall be taken therefrom, and payments shall be made pursuant 
     to such orders, as if this title had not been enacted, and 
     orders issued in any such proceedings shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law. Nothing in this 
     subsection shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this title had not been 
     enacted.
         (c) Suits Not Affected.--The provisions of this title 
     shall not affect suits commenced before the effective date of 
     this title, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this title had not been enacted.
         (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Federal Emergency 
     Management Agency, or by or against any individual in the 
     official capacity of such individual as an officer of the 
     Federal Emergency Management Agency, shall abate by reason of 
     the enactment of this title.
         (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the Federal 
     Emergency Management Agency relating to a function 
     transferred under this title may be continued by the Federal 
     Emergency Management Agency with the same effect as if this 
     title had not been enacted.

     SEC. 621. SEPARABILITY.

         If a provision of this title or its application to any 
     person or circumstance is held invalid, neither the remainder 
     of this title nor the application of the provision to other 
     persons or circumstances shall be affected.

     SEC. 622. TRANSITION.

         The Director of the Federal Emergency Management Agency 
     is authorized to utilize--
         (1) the services of such officers, employees, and other 
     personnel of the Federal Emergency Management Agency with 
     respect to functions transferred by this title; and
         (2) funds appropriated to such functions for such period 
     of time as may reasonably be needed to facilitate the orderly 
     implementation of this title.

     SEC. 623. REFERENCES.

         Any reference in any other Federal law, Executive order, 
     rule, regulation, or delegation of authority, or any document 
     of or pertaining to a department, agency, or office from 
     which a function is transferred by this title--
         (1) to the head of such department, agency, or office is 
     deemed to refer to the head of the department, agency, or 
     office to which such function is transferred; or
         (2) to such department, agency, or office is deemed to 
     refer to the department, agency, or office to which such 
     function is transferred.

[[Page S7350]]

     SEC. 624. ADDITIONAL CONFORMING AMENDMENTS.

         (a) Recommended Legislation.--After consultation with the 
     appropriate committees of the Congress and the Director of 
     the Office of Management and Budget, the Director of the 
     Federal Emergency Management Agency shall prepare and submit 
     to Congress recommended legislation containing technical and 
     conforming amendments to reflect the changes made by this 
     title.
         (b) Submission to Congress.--Not later than 6 months 
     after the effective date of this title, the Director of the 
     Federal Emergency Management Agency shall submit the 
     recommended legislation referred to under subsection (a).
                                 ______
                                 
  SA 4565. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 104, line 20, after ``2007:'' insert the following: 
     ``Provided further, That not less than $2,000,000 of 
     unobligated balances under this heading shall be available 
     for the construction of radiological laboratories at Pacific 
     Northwest National Laboratory:''.
                                 ______
                                 
  SA 4566. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 66, line 5, strike ``$166,456,000'' and insert 
     ``$163,000,000''.
       On page 83, line 9, after ``facilities;'' insert the 
     following: ``of which $3,456,000 shall be available until 
     September 30, 2009, to acquire 33-foot Special Purpose 
     Craft--Law Enforcement (`SPC-LE') vessels;''.
                                 ______
                                 
  SA 4567. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 83, line 9, after ``facilities;'' insert the 
     following: ``of which $3,631,000 shall be available until 
     September 30, 2009, to acquire 33-foot Special Purpose 
     Craft--Law Enforcement (`SPC-LE') vessels;''.
       On page 83, line 9, strike ``$993,631,000'' and insert 
     ``$990,000,000''.
                                 ______
                                 
  SA 4568. Mr. DeMINT (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE     --NATIONAL ALERT SYSTEM

     SEC. _100. TABLE OF CONTENTS.

       The table of contents for this title is as follows:
       Sec. _100. Table of contents.
       Sec. _101. Short title.
       Sec. _102. National Alert System.
       Sec. _103. Implementation and use.
       Sec. _104. National Alert Office
       Sec. _105. National Alert System Working Group.
       Sec. _106. Research and development.
       Sec. _107. Grant program for remote community alert 
     systems.
       Sec. _108. Public familiarization, outreach, and response 
     instructions.
       Sec. _109. Essential services disaster assistance.
       Sec. _110. Definitions.
       Sec. _111. Existing interagency activities.
       Sec. _112. Funding.

     SEC. _101. SHORT TITLE.

       This title may be cited as the ``Warning, Alert, and 
     Response Network Act''

     SEC. _102. NATIONAL ALERT SYSTEM.

       (a) Establishment.--There is established a National Alert 
     System to provide a public communications system capable of 
     alerting the public on a national, regional, or local basis 
     to emergency situations requiring a public response.
       (b) Functions.--The National Alert System--
       (1) will enable any Federal, State, tribal, or local 
     government official with credentials issued by the National 
     Alert Office under section 103 to alert the public to any 
     imminent threat that presents a significant risk of injury or 
     death to the public;
       (2) will be coordinated with and supplement existing 
     Federal, State, tribal, and local emergency warning and alert 
     systems;
       (3) will be flexible enough in its application to permit 
     narrowly targeted alerts in circumstances in which only a 
     small geographic area is exposed or potentially exposed to 
     the threat; and
       (4) will transmit alerts across the greatest possible 
     variety of communications technologies, including digital and 
     analog broadcasts, cable and satellite television, 
     satellite and terrestrial radio, wireless communications, 
     wireline communications, and the Internet to reach the 
     largest portion of the affected population.
       (c) Capabilities.--The National Alert System--
       (1) shall incorporate multiple communications technologies 
     and be designed to adapt to, and incorporate, future 
     technologies for communicating directly with the public;
       (2) shall include mechanisms and technologies to ensure 
     that members of the public with disabilities and older 
     individuals (as defined in section 102(35) of the Older 
     Americans Act of 1965 (42 U.S.C. 3002(35))) are able to 
     receive alerts and information provided through the National 
     Alert System;
       (3) may not interfere with existing alert, warning, 
     priority access, or emergency communications systems employed 
     by Federal, State, tribal, or local emergency response 
     personnel and shall incorporate existing emergency alert 
     technologies, including the NOAA All-Hazards Radio System, 
     digital and analog broadcast, cable, land satellite 
     television and satellite and terrestrial radio;
       (4) shall not be based upon any single technology or 
     platform, but shall be designed to provide alerts to the 
     largest portion of the affected population feasible and 
     improve the ability of remote areas to receive alerts;
       (5) shall incorporate technologies to alert effectively 
     underserved communities (as determined by the Commission 
     under section _107(a) of this title);
       (6) when technologically feasible shall be capable of 
     providing information in languages other than, and in 
     addition to, English where necessary or appropriate; and
       (7) shall be designed to promote local and regional public 
     and private partnerships to enhance community preparedness 
     and response.
       (d) Reception of Alerts.--The National Alert System shall--
       (1) utilize multiple technologies for providing alerts to 
     the public, including technologies that do not require 
     members of the public to activate a particular device or use 
     a particular technology to receive an alert provided via the 
     National Alert System; and
       (2) provide redundant alert mechanisms where practicable so 
     as to reach the greatest number of people regardless of 
     whether they have access to, or utilize, any specific medium 
     of communication or any particular device.
       (e) Existing Federal Warning System Coordination.--The 
     director shall work with the Federal Communications 
     Commission and other relevant Federal agencies to ensure that 
     the National Alert System--
       (1) complements or incorporates, rather than duplicates, 
     existing Federal alert systems; and
       (2) obtains the maximum benefit possible from the 
     utilization of existing research and development, 
     technologies, and processes developed for or utilized by 
     existing Federal alert systems.
       (f) Emergency Alert System.--Within 1 year after the date 
     of enactment of this Act, the Federal Communications 
     Commission shall--
       (1) complete its proceeding Review of the Emergency Alert 
     System, EB Docket No. 04-296;
       (2) ensure the President, Secretary of Homeland Security, 
     and State Governors have access to the emergency alert 
     system; and
       (3) ensure that the Emergency Alert System can transmit in 
     languages other than English.

     SEC. _103. IMPLEMENTATION AND USE.

       (a) Authority To Access System.--
       (1) In general.--Within 180 days after the date of 
     enactment of this Act, the National Alert Office shall 
     establish a process for issuing credentials to Federal, 
     State, tribal, or local government officials with 
     responsibility for issuing safety warnings to the public that 
     will enable them to access the National Alert System. The 
     Office shall approve or disapprove a request for credentials 
     within 60 days of request by the Federal department or 
     agency, the governor of the State or the elected leader of a 
     federally recognized Indian tribe.
       (2) Requests for credentials.--Requests for credentials 
     from Federal, State, tribal, and local government agencies 
     shall be submitted to the Office by the head of the Federal 
     department or agency, or the governor of the State or the 
     elected leader of a Federally recognized Indian tribe, 
     concerned, for review and approval.
       (3) Scope and limitations of credentials.--The Office 
     shall--
       (A) establish eligibility criteria for issuing, renewing, 
     and revoking access credentials;
       (B) limit credentials to appropriate geographic areas or 
     political jurisdictions; and
       (C) ensure that the credentials permit use of the National 
     Alert System only for alerts that are consistent with the 
     jurisdiction, authority, and basis for eligibility of the 
     individual to whom the credentials are issued to use the 
     National Alert System.
       (4) Periodic training.--The Office shall--
       (A) establish a periodic training program for Federal, 
     State, tribal, or local government officials with credentials 
     to use the National Alert System; and
       (B) require such officials to undergo periodic training 
     under the program as a prerequisite for retaining their 
     credentials to use the system.
       (b) Allowable Alerts.--
       (1) In general.--Any alert transmitted via the National 
     Alert System, other than an

[[Page S7351]]

     alert described in paragraph (3), shall meet 1 or more of the 
     following requirements:
       (A) An alert shall notify the public of a hazardous 
     situation that poses an imminent threat to the public health 
     or safety.
       (B) An alert shall provide appropriate instructions for 
     actions to be taken by individuals affected or potentially 
     affected by such a situation.
       (C) An alert shall advise individuals of public addresses 
     by Federal, State, tribal, or local officials when related to 
     a significant threat to public safety and transmit such 
     addresses when practicable and technically feasible.
       (D) An alert shall notify the public of when the hazardous 
     situation has ended or has been brought under control.
       (2) Event Eligibility Regulations.--The director of the 
     National Alert Office, in consultation with the Working 
     Group, shall by regulation specify--
       (A) the classes of events or situations for which the 
     National Alert System may be used to alert the public; and
       (B) the content of the types of alerts that may be 
     transmitted by or through use of the National Alert System, 
     which may include--
       (i) notifications to the public of a hazardous situation 
     that poses an imminent threat to the public health or safety 
     accompanied by appropriate instructions for actions to be 
     taken by individuals affected or potentially affected by 
     such a situation; and
       (ii) when technologically feasible public addresses by 
     Federal, State, tribal, or local officials related to a 
     significant threat to public safety.
       (3) Opt-in procedures for optional alerts.--The director of 
     the Office may establish a procedure under which licensees 
     who elect to participate in the National Alert System as 
     described in paragraph (d), may transmit localized traffic, 
     weather, community, or other non-emergency alerts via the 
     National Alert System in a manner that enables them to be 
     received only by individuals who take appropriate action to 
     receive such alerts.
       (c) Access Points.--The National Alert System shall 
     provide--
       (1) secure, widely dispersed multiple access points to 
     Federal, State, or local government officials with 
     credentials that will enable them to initiate alerts for 
     transmission to the public via the National Alert System; and
       (2) system redundancies to ensure functionality in the 
     event of partial system failures, power failures, or other 
     interruptive events.
       (d) Election To Carry Service.--
       (1) Amendment of license.--Within 60 days after the date on 
     which the National Alert Office adopts relevant technical 
     standards based on recommendations of the Working Group, the 
     Federal Communications Commission shall initiate a proceeding 
     and subsequently issue an order--
       (A) to allow any licensee providing commercial mobile 
     service (as defined in section 332(d)(1) of the 
     Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit 
     National Alert System alerts to all subscribers to, or users 
     of, such service; and
       (B) to require any such licensee who elects under paragraph 
     (2) not to participate in the transmission of National Alert 
     System alerts, to provide clear and conspicuous notice at the 
     point of sale of any devices with which its service is 
     included, that it will not transmit National Alert System 
     alerts via its service.
       (2) Election to carry service.--
       (A) In general.--Within 30 days after the Commission issues 
     its order under paragraph (1), each such licensee shall file 
     an election with the Commission with respect to whether or 
     not it intends to participate in the transmission of National 
     Alert System alerts.
       (B) Participation.--If a licensee elects to participate in 
     the transmission of National Alert System alerts, the 
     licensee shall certify to the Commission that it will 
     participate in a manner consistent with the standards and 
     protocols implemented by the National Alert Office.
       (C) Advertising.--Nothing in this title shall be construed 
     to prevent a licensee from advertising that it participates 
     in the transmission of National Alert System alerts.
       (D) Withdrawal from or later entry into system.--The 
     Commission shall establish a procedure--
       (i) for a participating licensee to withdraw from the 
     National Alert System upon notification of its withdrawal to 
     its existing subscribers;
       (ii) for a licensee to enter the National Alert System at a 
     date later than provided in subparagraph (A); and
       (iii) under which a subscriber may terminate a subscription 
     to service provided by a licensee that withdraws from the 
     National Alert System without penalty or early termination 
     fee.
       (E) Consumer choice technology.--Any licensee electing to 
     participate in the transmission of National Alert System 
     alerts may offer subscribers the capability of preventing the 
     subscriber's device from receiving alerts broadcast by the 
     system other than an alert issued by the President.
       (3) Expansion of class of licensees participating.--The 
     Commission, in consultation with the National Alert Office, 
     may expand the class of the licensees allowed to participate 
     in the transmission of National Alert System alerts subject 
     to such requirements as the Commission, in consultation with 
     the National Alert Office, determines to be necessary or 
     appropriate--
       (A) to ensure the broadest feasible propagation of alerts 
     transmitted by the National Alert System to the public; and
       (B) to ensure that the functionality, integrity, and 
     security of the National Alert System is not compromised.
       (e) Digital Television Transmission Towers.--
       (1) Retransmission capability.--Within 30 days after the 
     date on which the National Alert Office adopts relevant 
     technical standards based on recommendations of the Working 
     Group, the Federal Communications Commission shall initiate a 
     proceeding to require public broadcast television licensees 
     and permittee to install necessary equipment and technologies 
     on, or as part of, any broadcast television digital signal 
     transmitter to enable the transmitter to serve as a backbone 
     for the reception, relay, and retransmission of National 
     Alert System alerts.
       (2) Compensation.--The National Alert Office established by 
     section--104 shall compensate any such licensee or permittee 
     for costs incurred in complying with the requirements imposed 
     pursuant to paragraph (1).
       (f) FCC Regulation of Compliance.--Except as provided in 
     subsections (d) and (e), the Federal Communications 
     Commission shall have no regulatory authority under this Act 
     except to regulate compliance with this Act by licensees and 
     permittees regulated by the Commission under the 
     Communications Act of 1934 (47 U.S.C. 151 et seq.).
       (g) Limitation of Liability.--Any person that participates 
     in the transmission of National Alert System alerts and that 
     meets its obligations under this title shall not be liable to 
     any subscriber to, or user of, such person's service or 
     equipment for--
       (1) any act or omission related to or any harm resulting 
     from the transmission of, or failure to transmit, a National 
     Alert System alert to such subscriber or user;
       (2) for the release to a government agency or entity, 
     public safety, fire service, law enforcement official, or 
     emergency facility of subscriber information used in 
     connection with delivering an alert; or
       (3) the licensee's or provider's withdrawal from or 
     election not to participate in the National Alert System.
       (h) Testing.--The director shall establish testing criteria 
     and guidelines for licensees that elect to participate in the 
     transmission of National Alert System alerts.

     SEC. _104. NATIONAL ALERT OFFICE.

       (a) Establishment.--
       (1) In general.--The National Alert Office is established 
     within the Department of Homeland Security.
       (2) Director.--The office shall be headed by a director 
     with at least 5 years' operational experience in the 
     management and issuance of warnings and alerts, hazardous 
     event management, or disaster planning. The Director shall 
     serve under and report to the Secretary of Homeland Security 
     or his designee.
       (3) Staff.--The office shall have a staff with significant 
     technical expertise in the communications industry and 
     emergency public communications. The director may request the 
     detailing with or without reimbursement, of staff from any 
     appropriate Federal department or agency in order to ensure 
     that the concerns of all such departments and agencies are 
     incorporated into the daily operation of the National Alert 
     System.
       (b) Functions and Responsibilities.--
       (1) In general.--The Office shall administer, operate, and 
     manage the National Alert System.
       (2) Implementation of working group recommendations.--The 
     Office shall be responsible for implementing the 
     recommendations of the Working Group established by section--
     105 regarding--
       (A) the technical transmission of alerts;
       (B) the incorporation of new technologies into the National 
     Alert System;
       (C) the technical capabilities of the National Alert 
     System; and
       (D) any other matters that fall within the duties of the 
     Working Group.
       (3) Transmission of alerts.--In administering the National 
     Alert System, the director of the National Alert Office shall 
     ensure that--
       (A) the National Alert System is available to, and enables, 
     only Federal, State, tribal, or local government officials 
     with credentials issued by the National Alert Office under 
     section--103 to access and utilize the National Alert System;
       (B) the National Alert System is capable of providing 
     geographically targeted alerts where such alerts are 
     appropriate;
       (C) the legitimacy and authenticity of any proffered alert 
     is verified before it is transmitted;
       (D) each proffered alert complies with formats, protocols, 
     and other requirements established by the Office to ensure 
     the efficacy and usefulness of alerts transmitted via the 
     National Alert System;
       (E) the security and integrity of the National Alert System 
     alert from the point of origination to delivery is 
     maintained; and
       (F) the security and integrity of the National Alert System 
     is maintained and protected.
       (c) Reports.--
       (1) Annual reports.--The director shall submit an annual 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, the Senate Committee on Homeland Security and 
     Governmental Affairs, the

[[Page S7352]]

     House of Representatives Committee on Homeland Security, the 
     House of Representatives Committee on Energy and Commerce, 
     the House of Representatives Committee on Science, and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on the status of, and plans for, the 
     National Alert System. In the first annual report, the 
     director shall report on--
       (A) the progress made toward operational activation of the 
     alerting capabilities of the National Alert System; and
       (B) the anticipated date on which the National Alert System 
     will be available for utilization by Federal, State, and 
     local officials.
       (2) 5-year plan.--Within 1 year after the date of enactment 
     of this Act and every 5 years thereafter, the director shall 
     publish a 5-year plan that outlines future capabilities and 
     communications platforms for the National Alert System. The 
     plan shall serve as the long-term planning document for the 
     Office.
       (d) GAO Audits.--
       (1) In general.--The Comptroller General shall audit the 
     National Alert Office every 3 years after the date of 
     enactment of this Act and periodically thereafter and 
     transmit the findings thereof to the Senate Committee on 
     Commerce, Science, and Transportation, the Senate Committee 
     on Homeland Security and Governmental Affairs, the House of 
     Representatives Committee on Homeland Security, the House of 
     Representatives Committee on Energy and Commerce, the House 
     of Representatives Committee on Science, the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
       (2) Response report.--If, as a result of the audit, the 
     Comptroller General expresses concern about any matter 
     addressed by the audit, the director of the National Alert 
     Office shall transmit a report to the Senate Committee on 
     Commerce, Science, and Transportation, the Senate Committee 
     on Homeland Security and Governmental Affairs, the House of 
     Representatives Committee on Homeland Security, the House of 
     Representatives Committee on Energy and Commerce, the House 
     of Representatives Committee on Science, and the House of 
     Representatives Committee on Transportation and 
     Infrastructure describing what action, if any, the director 
     is taking to respond to any such concern.

     SEC. _105. NATIONAL ALERT SYSTEM WORKING GROUP.

       (a) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the director of the National Alert 
     Office shall establish a working group, to be known as the 
     National Alert System Working Group.
       (b) Membership.--
       (1) Appointment; chair.--The director shall appoint the 
     members of the Working Group as soon as practicable after the 
     date of enactment of this Act and shall serve as its chair. 
     In appointing members of the Working Group, the director 
     shall ensure that the number of members appointed under 
     paragraph (5) provides appropriate and adequate 
     representation for all stakeholders and interested and 
     affected parties.
       (2) Federal agency representatives.--Appropriate personnel 
     from the National Institute of Standards and Technology, the 
     National Oceanic and Atmospheric Administration, the Federal 
     Communications Commission, the Federal Emergency Management 
     Agency, the Nuclear Regulatory Commission, the Department of 
     Justice, the National Communications System, the Department 
     of Homeland Security's Preparedness Directorate, the United 
     States Postal Service, and other appropriate Federal agencies 
     shall serve as members of the Working Group.
       (3) State and local government representatives.--The 
     director shall appoint representatives of State and local 
     governments and representatives of emergency services 
     personnel, selected from among individuals nominated by 
     national organizations representing such governments and 
     personnel, to serve as members of the Working Group.
       (4) Tribal governments.--The director shall appoint 
     representatives from Federally recognized Indian tribes and 
     National Indian organizations.
       (5) Subject matter experts.--The director shall appoint 
     individuals who have the requisite technical knowledge and 
     expertise to serve on the Working Group in the fulfillment of 
     its duties, including representatives of--
       (A) communications service providers;
       (B) vendors, developers, and manufacturers of systems, 
     facilities; equipment, and capabilities for the provision of 
     communications services;
       (C) third-party service bureaus;
       (D) technical experts from the broadcasting industry;
       (E) the national organization representing the licensees 
     and permittees of noncommercial broadcast television 
     stations;
       (F) national organizations representing individuals with 
     special needs; and
       (G) other individuals with technical expertise that would 
     enhance the National Alert System.
       (c) Duties of the Working Group.--
       (1) Development of system-critical recommendations.--Within 
     1 year after the date of enactment of this Act, the Working 
     Group shall develop and transmit to the National Alert Office 
     recommendations for--
       (A) protocols, including formats, source or originator 
     identification, threat severity, hazard description, and 
     response requirements or recommendations, for alerts to be 
     transmitted via the National Alert System that ensures that 
     alerts are capable of being utilized across the broadest 
     variety of communication technologies, at National, State, 
     and local levels;
       (B) procedures for verifying, initiating, modifying, and 
     canceling alerts transmitted via the National Alert System;
       (C) guidelines for the technical capabilities of the 
     National Alert System;
       (D) guidelines for technical capability that provides for 
     the priority transmission of National Alert System alerts;
       (E) guidelines for other capabilities of the National Alert 
     System as specified in this title;
       (F) standards for equipment and technologies used by the 
     National Alert System;
       (G) guidelines for the transmission of National System 
     Alerts in languages in addition to English, to the extent 
     practicable; and
       (H) guidelines for incorporating the National Alert System 
     into comprehensive emergency planning standards for public 
     alert and notification and emergency public communications.
       (2) Integration of emergency and national alert systems.---
     The Working Group shall work with the operators of nuclear 
     power plants and other critical infrastructure facilities to 
     integrate emergency alert systems for those facilities with 
     the National Alert System.
       (d) Meetings.--
       (1) Initial meeting.--The initial meeting of the Working 
     Group shall take place not later than 60 days after the date 
     of the enactment of this Act.
       (2) Other meetings.--After the initial meeting, the Working 
     Group shall meet at the call of the chair.
       (3) Notice; open meetings.--Any meetings held by the 
     Working Group shall be duly noticed at least 14 days in 
     advance and shall be open to the public.
       (e) Resources.--
       (1) Federal agencies.--The Working Group shall have 
     reasonable access to--
       (A) materials, resources, data, and other information from 
     the National Institute of Standards and Technology, the 
     Department of Commerce and its agencies, the Department of 
     Homeland Security and its bureaus, and the Federal 
     Communications Commission; and
       (B) the facilities of any such agency for purposes of 
     conducting meetings.
       (2) Grants and grants.--The Working Group may accept, use, 
     and dispose of gifts or grants of services or property, both 
     real and personal, for purposes of aiding or facilitating the 
     work of the Working Group. Gifts or grants not used at the 
     expiration of the Working Group shall be returned to the 
     donor or grantor.
       (f) Rules.--
       (1) Quorum.--One-third of the members of the Working Group 
     shall constitute a quorum for conducting business of the 
     Working Group.
       (2) Subcommittees.--To assist the Working Group in carrying 
     out its functions, the chair may establish appropriate 
     subcommittees composed of members of the Working Group and 
     other subject matter experts as deemed necessary.
       (3) Additional rules.--The Working Group may adopt other 
     rules as needed.
       (g) Federal Advisory Committee Act.--Neither the Federal 
     Advisory Committee Act (5 U.S.C. App.) nor any rule, order, 
     or regulation promulgated under that Act shall apply to the 
     Working Group.

     SEC. _106. RESEARCH AND DEVELOPMENT.

       (a) In General.--The Undersecretary of Homeland Security 
     for Science and Technology and the director jointly shall 
     establish an extramural research and development program 
     based on the recommendations of the Working Group to support 
     the development of technology that will enable all existing 
     and future providers of communications services and all 
     existing and future communications devices to be utilized 
     effectively with the National Alert System.
       (b) Functions.--In carrying out subsection (a) the 
     Undersecretary for Science and Technology and the director 
     shall--
       (1) fund research and development which may include 
     academia, the private sector, and government laboratories; 
     and
       (2) ensure that the program addresses, at a minimum--
       (A) developing innovative technologies that will transmit 
     geographically targeted emergency messages to the public;
       (B) enhancing participation in the national alert system;
       (C) understanding and improving public response to 
     warnings; and
       (D) enhancing the ability of local communities to integrate 
     the National Alert System operations management.
       (c) Use of Existing Programs and Resources.--In developing 
     the program, the Undersecretary for Science and Technology 
     shall utilize existing expertise of the Department of 
     Commerce, including the National Institute of Standards 
     and Technology.

     SEC. _107. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.

       (a) Grant Program.--The Undersecretary of Commerce for 
     Oceans and Atmosphere shall establish a program under which 
     grants may be made to provide for the installation of 
     technologies in remote communities effectively unserved by 
     commercial mobile radio service (as determined by the Federal 
     Communications Commission within 180 days

[[Page S7353]]

     after the date of enactment of this Act) for the purpose of 
     enabling residents of those communities to receive National 
     Alert System alerts.
       (b) Applications and Conditions.--In conducting the 
     program, the Undersecretary--
       (1) shall establish a notification and application 
     procedure; and
       (2) may establish such conditions, and require such 
     assurances, as may be appropriate to ensure the efficiency 
     and integrity of the grant program.
       (c) Sunset.--The Undersecretary may not make grants under 
     subsection (a) more than 5 years after the date of enactment 
     of this Act.

     SEC. _108. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE 
                   INSTRUCTIONS.

       The director of the National Office, in consultation with 
     the Working Group, shall conduct a program of public outreach 
     to ensure that the public is aware of the National Alert 
     System and understands its capabilities and uses for 
     emergency preparedness and response. The program shall 
     incorporate multiple communications technologies and methods, 
     including inserts in packaging for wireless devices, Internet 
     websites, and the use broadcast radio and television Non-
     Commercial Sustaining Announcement Programs.

     SEC. _109. ESSENTIAL SERVICES DISASTER ASSISTANCE.

       Title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 425. ESSENTIAL SERVICE PROVIDERS.

       ``(a) Definition.--In this section, the term `essential 
     service provider' means an entity that--
       ``(1) provides--
       ``(A) telecommunications service;
       ``(B) electrical power;
       ``(C) natural gas;
       ``(D) water and sewer services; or
       ``(E) any other essential service, as determined by the 
     President;
       ``(2) is--
       ``(A) a municipal entity;
       ``(B) a nonprofit entity; or
       ``(C) a private, for-profit entity; and
       ``(3) is contributing to efforts to respond to an emergency 
     or major disaster.
       ``(b) Authorization.--In an emergency or major disaster, 
     the President may use Federal equipment, supplies, 
     facilities, personnel, and other non-monetary resources to 
     assist an essential service provider, in exchange for 
     reasonable compensation.
       ``(c) Compensation.--
       ``(1) In general.--The President shall, by regulation, 
     establish a mechanism to set reasonable compensation to the 
     Federal Government for the provision of assistance under 
     subsection (b).
       ``(2) Criteria.--The mechanism established under paragraph 
     (1)--
       ``(A) shall reflect the cost to the government (or if this 
     is not readily obtainable, the full market value under the 
     applicable circumstances) for assistance provided under 
     subsection (b) in setting compensation;
       ``(B) shall have, to the maximum degree feasible, 
     streamlined procedures for determining compensation; and
       ``(C) may, at the President's discretion, be based on a 
     good faith estimate of cost to the government rather than an 
     actual accounting of costs.
       ``(3) Periodic Review.--The President shall periodically 
     review, and if necessary revise, the regulations established 
     pursuant to paragraphs (1) and (2) to ensure that those 
     regulations result in full compensation to the government for 
     transferred resources. Such reviews shall occur no less 
     frequently than once every 2 years, and the results of such 
     reviews shall be reported to the House Transportation and 
     Infrastructure Committee and the Senate Homeland Security and 
     Governmental Affairs Committee.''.

     SEC. _110 DEFINITIONS.

       In this title:
       (1) Director.--The term ``director'' means the director of 
     the National Alert Office.
       (2) Office.--The term ``Office'' means the National Alert 
     Office established by section--104.
       (3) National Alert system.--The term ``National Alert 
     System'' means the National Alert System established by 
     section--102.
       (4) Non-commercial sustaining announcement program.--The 
     term ``Non-Commercial Sustaining Announcement Program'' means 
     a radio and television campaign conducted for the benefit of 
     a nonprofit organization or government agency using unsold 
     commercial air time donated by participating broadcast 
     stations for use in such campaigns, and for which the 
     campaign's sponsoring organization or agency funds the cost 
     of underwriting programs that serve the public convenience, 
     interest, and necessity, as described in section 307 of the 
     Communications Act of 1934 (47 U.S.C. 307).
       (5) Working group.--The term ``Working Group'' means the 
     National Alert System Working Group on the established under 
     section--105.

     SEC. _111. EXISTING INTERAGENCY ACTIVITIES.

       Nothing in this title shall be construed to require the 
     termination of existing interagency programs or activities, 
     or cooperative or consultative arrangements, related to the 
     provision of notice or information to the public about 
     emergency situations that may require a public response.

     SEC. _112. FUNDING.

       Funding for this title shall be provided from the Digital 
     Transition and Public Safety Fund in accordance with section 
     3010 of the Digital Television Transition and Public Safety 
     Act of 2005 (47 U.S.C. 309 note).
                                 ______
                                 
  SA 4569. Mr. FEINGOLD (for himself and Mr. Sununu) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. 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.
                                 ______
                                 
  SA 4570. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 99, line 4, strike ``Act.'' and insert the 
     following: `` Act; 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

[[Page S7354]]

     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.''
                                 ______
                                 
  SA 4571. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 111, strike lines 6 through 15.
                                 ______
                                 
  SA 4572. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (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) Not later than 30 days after the receipt of each report 
     submitted under subsection (c), the Secretary shall submit a 
     report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives that describes--
       (1) the findings of the report received from the Inspector 
     General; and
       (2) the steps the Secretary has taken, or plans to take, to 
     address the problems identified in the report.
       (e) 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 Committee on 
     the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives.
                                 ______
                                 
  SA 4573. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 98, line 6, before the period insert the following: 
     ``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 regarding the assessment 
     conducted under the previous proviso: Provided further, That 
     not later than 1 year after the date of enactment of this 
     Act, the Secretary of Homeland Security, in consultation with 
     the Secretary of Health and Human Services and the Attorney 
     General of the United States, shall issue regulations to 
     implement the findings of such assessment, to the maximum 
     extent practicable''.
                                 ______
                                 
  SA 4574. Mr. COLEMAN (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

  At the appropriate place, insert the following:

     SEC.__. PILOT INTEGRATED SCANNING SYSTEM.

       (a) Designations.--
       (1) In general.--Not latter 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 port;
       (2) electronically transmit the images and information to 
     the container security initiative personnel in the host 
     country and the National Targeting Center 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 valuation 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.
                                 ______
                                 
  SA 4575. Mr. SANTORUM (for himself and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 70, line 3, strike ``$5,285,874,000; of which'' and 
     insert ``$5,459,135,000; of which $459,863,000 shall be for 
     1,500 additional Border Patrol Agents and the necessary 
     operational and mission support positions, information 
     technology, relocation costs, and training for those agents; 
     of which''.
       On page 127, between lines 2 and 3, insert the following:
       ``Sec. 540 (a) Section 255 of the National Housing Act (12 
     U.S.C. 1715z-20) is amended--
       (1) in subsection (g)--
       (A) by striking the first sentence; and
       (B) by striking `established under section 203(b)(2)' and 
     all that follows through `located' and inserting `limitation 
     established under section 305(a)(2) of the Federal Home Loan 
     Mortgage Corporation Act for a 1-family residence'; and
       (2) in subsection (i)(1)(C), by striking `limitations' and 
     inserting `limitation'.

[[Page S7355]]

       (b) The Secretary of Housing and Urban Development shall by 
     notice establish any additional requirements that may be 
     necessary to immediately carry out the provisions of this 
     section. The notice shall take effect upon issuance.''
                                 ______
                                 
  SA 4576. Mrs. CLINTON (for herself, Mr. Schumer, Ms. Milkulski, Mr. 
Mendendez, Ms. Cantwell, Mr. Kennedy, Mr. Kerry, Mr. Lieberman, Mr. 
Reed, and Mr. Lautenberg) submitted an amendment intended to be 
proposed by her to the bill H.R. 5441, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2007, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 91, line 6, strike ``$2,393,500,000'' and insert 
     ``$3,183,500,000, of which $790,000,000 is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     83 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2007, as made applicable in the Senate by 
     section 7035 of Public Law 109-234''.
       On page 91, line 8, strike ``$500,000,000'' and insert 
     ``$1,100,000,000''.
       On page 91, line 9, strike ``$350,000,000'' and insert 
     ``$400,000,000''.
       On page 91, line 22, strike ``$1,172,000,000'' and insert 
     ``$1,312,000,000''.
       On page 92, line 1, strike ``$745,000,000'' and insert 
     ``$885,000,000''.
                                 ______
                                 
  SA 4577. Mr. CORNYN proposed an amendment to amendment SA 4566 
submitted by Mrs. Murray and intended to be proposed to the bill H.R. 
5441, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       At the end of the amendment, add the following:

     SEC. 541. IMMIGRATION INJUNCTION REFORM.

       (a) Short Title.--This section may be cited as the 
     ``Fairness in Immigration Litigation Act of 2006''.
       (b) Appropriate Remedies for Immigration Legislation.--
       (1) Requirements for an order granting prospective relief 
     against the government.--
       (A) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (i) limit the relief to the minimum necessary to correct 
     the violation of law;
       (ii) adopt the least intrusive means to correct the 
     violation of law;
       (iii) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety, and
       (iv) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (B) Written explanation.--The requirements described in 
     subparagraph (A) shall be discussed and explained in writing 
     in the order granting prospective relief and must be 
     sufficiently detailed to allow review by another court.
       (C) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (i) makes the findings required under subparagraph (A) for 
     the entry of permanent prospective relief; and
       (ii) makes the order final before expiration of such 90-day 
     period.
       (D) Requirements for order denying motion.--This paragraph 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (2) Procedure for motion affecting order granting 
     prospective relief against the government.--
       (A) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (B) Automatic stays.--
       (i) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (ii) Duration of automatic stay.--An automatic stay under 
     clause (i) shall continue until the court enters an order 
     granting or denying the Government's motion.
       (iii) Postponement.--The court, for good cause, may 
     postpone an automatic stay under clause (i) for not longer 
     than 15 days.
       (iv) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in clause (i), other than an 
     order to postpone the effective date of the automatic stay 
     for not longer than 15 days under clause (iii), shall be--

       (I) treated as an order refusing to vacate, modify, 
     dissolve or otherwise terminate an injunction; and
       (II) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.

       (3) Settlements.--
       (A) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with paragraph (1).
       (B) Private settlement agreements.--Nothing in this 
     subsection shall preclude parties from entering into a 
     private settlement agreement that does not comply with 
     paragraph (1) if the terms of that agreement are not subject 
     to court enforcement other than reinstatement of the civil 
     proceedings that the agreement settled.
       (4) Expedited proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this subsection.
       (5) Definitions.--In this subsection:
       (A) Consent decree.--The term ``consent decree''--
       (i) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (ii) does not include private settlements.
       (B) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (C) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (D) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (E) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into among 
     the parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (F) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (c) Effective Date.--
       (1) In general.--This section shall apply with respect to 
     all orders granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, whether such relief 
     was ordered before, on, or after the date of the enactment of 
     this Act.
       (2) Pending motions.--Every motion to vacate, modify, 
     dissolve or otherwise terminate an order granting prospective 
     relief in any such action, which motion is pending on the 
     date of the enactment of this Act, shall be treated as if it 
     had been filed on such date of enactment.
       (3) Automatic stay for pending motions.--
       (A) In general.--An automatic stay with respect to the 
     prospective relief that is the subject of a motion described 
     in paragraph (2) shall take effect without further order of 
     the court on the date which is 10 days after the date of the 
     enactment of this Act if the motion--
       (i) was pending for 45 days as of the date of the enactment 
     of this Act; and
       (ii) is still pending on the date which is 10 days after 
     such date of enactment.
       (B) Duration of automatic stay.--An automatic stay that 
     takes effect under subparagraph (A) shall continue until the 
     court enters an order granting or denying the Government's 
     motion under subsection (b)(2). There shall be no further 
     postponement of the automatic stay with respect to any such 
     pending motion under subsection (b)(2)(B). Any order, 
     staying, suspending, delaying or otherwise barring the 
     effective date of this automatic stay with respect to pending 
     motions described in paragraph (2) shall be an order blocking 
     an automatic stay subject to immediate appeal under 
     subsection (b)(2)(B)(iv).
                                 ______
                                 
  SA 4578. Mr. WARNER (for himself, Mr. Allen, Mr. Sarbanes, Ms. 
Mikulski, Mr. Voinovich, and Mr. Akaka) submitted an amendment intended 
to be proposed by him to the bill H.R. 5441, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 90, line 15, strike ``of which $8,000,000'' and 
     insert ``of which no less than $2,741,000 may be used for the 
     Office of National Capital Region Coordination, and of which 
     $8,000,000''.
                                 ______
                                 
  SA 4579. Mr. GREGG proposed an amendment to the bill H.R. 5441, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       On page 118, strike line 7 through page 119, line 2 and 
     inset in lieu thereof the following:
       Sec. 524. Using funds made available in this Act:

[[Page S7356]]

       (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 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.

     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; and
       (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 
     sensitive security information (SSI) by civil litigants and 
     the security risks and benefits of any proposed changes to 
     these procedures.
                                 ______
                                 
  SA 4580. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 75, line 8 strike ``$3,740,357,000; of which'' and 
     insert ``$3,780,357,000; of which $40 million shall be 
     authorized for 1,150 additional detention beds spaces and the 
     necessary operational and mission support positions, 
     information technology, relocation costs, and training for 
     those beds; of which''.
       Sec.  . At the appropriate place in the bill, insert:
       Section 255 of the National Housing Act (12 U.S.C. 1715z-
     20) is amended by adding at the end the following new 
     subsection:
       ``(n) Authority to Insure Home Purchase Mortgage--
       ``(1) In general.--Notwithstanding any other provision in 
     this section, the Secretary may insure, upon application by a 
     mortgagee, a home equity conversion mortgage upon such terms 
     and conditions as the Secretary may prescribe, when the 
     primary purpose of the home equity conversion mortgage is to 
     enable an elderly mortgagor to purchase a 1-to 4 family 
     dwelling in which the mortgagor will occupy or occupies one 
     of the units.
       ``(2) Limitation on principal obligation.--A home equity 
     conversion mortgage insured pursuant to paragraph (1) shall 
     involve a principal obligation that does not exceed the 
     dollar amount limitation determined under section 305(a)(2) 
     of the Federal Home Loan Mortgage Corporation Act for a 
     residence of the applicable size.''.

                          ____________________