[Congressional Record Volume 152, Number 93 (Monday, July 17, 2006)]
[Senate]
[Pages S7632-S7650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007

  On Thursday, July 13, 2006 the Senate passed H.R. 5441, as follows:

                               H.R. 5441

       Resolved, That the bill from the House of Representatives 
     (H.R. 5441) entitled ``An Act making appropriations for the 
     Department of Homeland Security for the fiscal year ending 
     September 30, 2007, and for other purposes.'', do pass with 
     the following amendment:

[[Page S7633]]

       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2007, and for other purposes, namely:

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security, as authorized by section 102 of the 
     Homeland Security Act of 2002 (6 U.S.C. 112), and executive 
     management of the Department of Homeland Security, as 
     authorized by law, $82,622,000: Provided, That not to exceed 
     $40,000 shall be for official reception and representation 
     expenses.

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701 through 705 of 
     the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
     $163,456,000: Provided, That not to exceed $3,000 shall be 
     for official reception and representation expenses: Provided 
     further, That of the total amount provided, $8,206,000 shall 
     remain available until expended solely for the alteration and 
     improvement of facilities, tenant improvements, and 
     relocation costs to consolidate Department headquarters 
     operations.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002 (6 U.S.C. 113), $26,018,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $306,765,000; of which 
     $79,521,000 shall be available for salaries and expenses; and 
     of which $227,244,000 shall be available for development and 
     acquisition of information technology equipment, software, 
     services, and related activities for the Department of 
     Homeland Security, and for the costs of conversion to 
     narrowband communications, including the cost for operation 
     of the land mobile radio legacy systems, to remain available 
     until expended: Provided, That none of the funds appropriated 
     shall be used to support or supplement the appropriations 
     provided for the United States Visitor and Immigrant Status 
     Indicator Technology project or the Automated Commercial 
     Environment: Provided further, That the Chief Information 
     Officer shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives, not more than 60 
     days after the date of enactment of this Act, an expenditure 
     plan for all information technology projects that: (1) are 
     funded under this heading; or (2) are funded by multiple 
     components of the Department of Homeland Security through 
     reimbursable agreements: Provided further, That such 
     expenditure plan shall include each specific project funded, 
     key milestones, all funding sources for each project, details 
     of annual and lifecycle costs, and projected cost savings or 
     cost avoidance to be achieved by the project.

                        Analysis and Operations

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

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $90,185,000, of which not to exceed 
     $100,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General: Provided further, 
     That the Department of Homeland Security Inspector General 
     shall investigate whether, and to what extent, in adjusting 
     and settling claims resulting from Hurricane Katrina, 
     insurers making flood insurance coverage available under the 
     Write-Your-Own program pursuant to section 1345 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4081) and 
     subpart C of part 62 of title 44, Code of Federal 
     Regulations, improperly attributed damages from such 
     hurricane to flooding covered under the insurance coverage 
     provided under the national flood insurance program rather 
     than to windstorms covered under coverage provided by such 
     insurers or by windstorm insurance pools in which such 
     insurers participated: Provided further, That the Department 
     of Homeland Security Inspector General may request the 
     assistance of the Attorney General and the Department of 
     Justice in conducting such investigation and may reimburse 
     the costs of the Attorney General and the Department of 
     Justice in providing such assistance from such funds: 
     Provided further, That the Department of Homeland Security 
     Inspector General shall submit a report to Congress not later 
     than April 1, 2007, setting forth the conclusions of such 
     investigation.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

    United States Visitor and Immigrant Status Indicator Technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigration Responsibility Act of 1996 
     (8 U.S.C. 1221 note), $399,494,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $200,000,000 may not be obligated for the 
     United States Visitor and Immigrant Status Indicator 
     Technology project until the Committees on Appropriations of 
     the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.

                     Customs and Border Protection


                         salaries and expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, and agricultural 
     inspections and regulatory activities related to plant and 
     animal imports; purchase and lease of up to 4,500 (3,500 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $5,329,874,000, of 
     which $44,000,000 shall be used to hire an additional 236 
     border patrol agents; of which $3,026,000 shall be derived 
     from the Harbor Maintenance Trust Fund for administrative 
     expenses related to the collection of the Harbor Maintenance 
     Fee under section 9505(c)(3) of the Internal Revenue Code of 
     1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
     1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
     551(e)(1)); of which not to exceed $45,000 shall be for 
     official reception and representation expenses; of which not 
     less than $172,676,000 shall be for Air and Marine 
     Operations; of which such sums as become available in the 
     Customs User Fee Account, except sums subject to section 
     13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that 
     account; of which not to exceed $150,000 shall be available 
     for payment for rental space in connection with preclearance 
     operations; of which not to exceed $1,000,000 shall be for 
     awards of compensation to informants, to be accounted for 
     solely under the certificate of the Secretary of Homeland 
     Security: Provided, That for fiscal year 2007, the overtime 
     limitation prescribed in section 5(c)(1) of the Act of 
     February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
     notwithstanding any other provision of law, none of the funds 
     appropriated by this Act may be available to compensate any 
     employee of United States Customs and Border Protection for 
     overtime, from whatever source, in an amount that exceeds 
     such limitation, except in individual cases determined by the 
     Secretary of Homeland Security, or the designee of the 
     Secretary, to be necessary for national security purposes, to 
     prevent excessive costs, or in cases of immigration 
     emergencies.


                        automation modernization

       For expenses for customs and border protection automated 
     systems, $461,207,000, to remain available until expended, of 
     which not less than $318,490,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That none 
     of the funds made available under this heading may be 
     obligated for the Automated Commercial Environment until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive and approve a plan for expenditure 
     prepared by the Secretary of Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.


                        TECHNOLOGY MODERNIZATION

       For expenses for customs and border protection technology 
     systems, $131,559,000, to remain available until expended: 
     Provided, That of the funds made available under this 
     heading, $100,000,000 may not be obligated until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive and approve a plan for expenditure 
     prepared by the Secretary of Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;

[[Page S7634]]

       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.


 air and marine interdiction, operations, maintenance, and procurement

                    (including rescission of funds)

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aerial 
     vehicles, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, and rental payments for facilities occupied by the 
     air or marine interdiction and demand reduction programs, the 
     operations of which include the following: the interdiction 
     of narcotics and other goods; the provision of support to 
     Federal, State, and local agencies in the enforcement or 
     administration of laws enforced by the Department of Homeland 
     Security; and at the discretion of the Secretary of Homeland 
     Security, the provision of assistance to Federal, State, and 
     local agencies in other law enforcement and emergency 
     humanitarian efforts, $472,499,000, to remain available until 
     expended: Provided, That no aircraft or other related 
     equipment, with the exception of aircraft that are one of a 
     kind and have been identified as excess to United States 
     Customs and Border Protection requirements and aircraft that 
     have been damaged beyond repair, shall be transferred to any 
     other Federal agency, department, or office outside of the 
     Department of Homeland Security during fiscal year 2007 
     without the prior approval of the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.
       In addition, of the funds appropriated under this heading 
     in title II of the Department of Homeland Security 
     Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2068) 
     for a covert manned surveillance aircraft, $14,000,000 are 
     rescinded.


                              construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $288,084,000, to remain available 
     until expended.

                  Immigration and Customs Enforcement


                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 2,740 (2,000 for replacement 
     only) police-type vehicles; $3,740,357,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations under section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $102,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline; of which not less than $203,000 shall be for Project 
     Alert; of which not less than $5,400,000 may be used to 
     facilitate agreements consistent with section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)); and of 
     which not to exceed $11,216,000 shall be available to fund or 
     reimburse other Federal agencies for the costs associated 
     with the care, maintenance, and repatriation of smuggled 
     illegal aliens: Provided, That none of the funds made 
     available under this heading shall be available to compensate 
     any employee for overtime in an annual amount in excess of 
     $35,000, except that the Secretary of Homeland Security, or 
     the designee of the Secretary, may waive that amount as 
     necessary for national security purposes and in cases of 
     immigration emergencies: Provided further, That none of the 
     funds in this Act or any other appropriations Act may be used 
     to fund any activity other than those activities funded in 
     fiscal year 2005 to facilitate agreements consistent with 
     section 287(g) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)): Provided further, That of the total amount 
     provided, $15,770,000 shall be for activities to enforce laws 
     against forced child labor in fiscal year 2007, of which not 
     to exceed $6,000,000 shall remain available until expended: 
     Provided further, That an additional $58,000,000 shall be 
     available under this heading and authorized for 1,700 
     additional detention beds spaces and the necessary 
     operational and mission support positions, information 
     technology, relocation costs, and training for those beds and 
     the amount made available under the heading ``Disaster 
     Relief'' in this Act is reduced by $58,000,000.


                       federal protective service

       The revenues and collections of security fees credited to 
     this account, not to exceed $516,011,000, shall be available 
     until expended for necessary expenses related to the 
     protection of federally-owned and leased buildings and for 
     the operations of the Federal Protective Service.


                        automation modernization

       For expenses of immigration and customs enforcement 
     automated systems, $20,000,000, to remain available until 
     expended: Provided, That of the funds made available under 
     this heading, $16,000,000 may not be obligated until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive and approve a plan for expenditure 
     prepared by the Secretary of Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.


                              construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $101,281,000, to remain available 
     until expended.

                 Transportation Security Administration


                           aviation security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services under the Aviation and Transportation Security Act 
     (49 U.S.C. 40101 note; Public Law 107-71; 115 Stat. 597), 
     $4,751,580,000, to remain available until September 30, 2008, 
     of which not to exceed $10,000 shall be for official 
     reception and representation expenses: Provided, That of the 
     total amount made available under this heading, not to exceed 
     $3,790,132,000 shall be for screening operations, of which 
     $141,400,000 shall be available only for procurement of 
     checked baggage explosive detection systems and $171,500,000 
     shall be available only for installation of checked baggage 
     explosive detection systems; and not to exceed $961,448,000 
     shall be for aviation security direction and enforcement 
     presence: Provided further, That the Transportation Security 
     Administration shall provide passenger and baggage screeners 
     and related resources at the New Castle Airport in 
     Wilmington, Delaware, as long as commercial air service is 
     provided at that airport: Provided further, That of the funds 
     appropriated under this heading, $25,000,000 shall not be 
     obligated until after the Secretary of Homeland Security 
     submits to the Committees on Appropriations of the Senate and 
     the House of Representatives a detailed report in response to 
     findings in the Department of Homeland Security Office of 
     Inspector General report (OIG-04-44) concerning contractor 
     fees: Provided further, That security service fees authorized 
     under section 44940 of title 49, United States Code, shall be 
     credited to this appropriation as offsetting collections and 
     shall be available only for aviation security: Provided 
     further, That the sum herein appropriated from the General 
     Fund shall be reduced on a dollar-for-dollar basis as such 
     offsetting collections are received during fiscal year 2007, 
     so as to result in a final fiscal year appropriation from the 
     General Fund estimated at not more than $2,331,580,000 
     Provided further, That any security service fees collected in 
     excess of the amount made available under this heading shall 
     become available during fiscal year 2008: Provided further, 
     That notwithstanding section 44923 of title 49, United States 
     Code, the share of the cost of the Federal Government for a 
     project under any letter of intent shall be 75 percent for 
     any medium or large hub airport and not more than 90 percent 
     for any other airport, and all funding provided by section 
     44923(h) of title 49 United States Code, or from 
     appropriations authorized under section 44923(i)(1) of title 
     49, United States Code, may be distributed in any manner 
     determined necessary to ensure aviation security and to 
     fulfill the Government's planned cost share under existing 
     letters of intent: Provided further, That Members of the 
     United States House of Representatives and United States 
     Senate, including the leadership; and the heads of Federal 
     agencies and commissions, including the Secretary, Under 
     Secretaries, and Assistant Secretaries of the Department of 
     Homeland Security; the United States Attorney General and 
     Assistant Attorneys General and the United States attorneys; 
     and senior members of the Executive Office of the President, 
     including the Director of the Office of Management and 
     Budget; shall not be exempt from Federal passenger and 
     baggage screening: Provided further, That beginning in fiscal 
     year 2007 and thereafter, reimbursement for security services 
     and related equipment and supplies provided in support of 
     general aviation access to the Ronald Reagan Washington 
     National Airport shall be credited to this appropriation and 
     shall be available until expended solely for these purposes.


                    surface transportation security

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


           transportation threat assessment and credentialing

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

[[Page S7635]]

                    transportation security support

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


                          federal air marshals

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

                       United States Coast Guard


                           operating expenses

       For necessary expenses for the operation and maintenance of 
     the United States Coast Guard not otherwise provided for; 
     purchase or lease of not to exceed 25 passenger motor 
     vehicles, which shall be for replacement only; payments under 
     section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 
     Stat. 1920); and recreation and welfare; $5,534,349,000, of 
     which $340,000,000 shall be for defense-related activities; 
     of which $24,255,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)); and of which not to exceed $10,000 shall be for 
     official reception and representation expenses: Provided, 
     That none of the funds made available by this or any other 
     Act shall be available for administrative expenses in 
     connection with shipping commissioners in the United States: 
     Provided further, That none of the funds made available by 
     this Act shall be for expenses incurred for yacht 
     documentation under section 12109 of title 46, United States 
     Code, except to the extent fees are collected from yacht 
     owners and credited to this appropriation.


                environmental compliance and restoration

       For necessary expenses to carry out the environmental 
     compliance and restoration functions of the United States 
     Coast Guard under chapter 19 of title 14, United States Code, 
     $10,880,000, to remain available until expended.


                            reserve training

       For necessary expenses of the Coast Guard Reserve, as 
     authorized by law; operations and maintenance of the reserve 
     program; personnel and training costs; and equipment and 
     services; $123,948,000.


              acquisition, construction, and improvements

                    (including rescissions of funds)

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law; 
     $1,145,329,000, of which $19,800,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $24,750,000 shall be available 
     until September 30, 2011, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $14,000,000 shall be available until September 30, 2011, to 
     increase aviation capability; of which $92,268,000 shall be 
     available until September 30, 2009, for other equipment; of 
     which $20,680,000 shall be available until September 30, 
     2009, for shore facilities and aids to navigation facilities; 
     and of which $993,631,000 shall be available until September 
     30, 2011, for the Integrated Deepwater Systems program: 
     Provided, That the Commandant of the Coast Guard is 
     authorized to dispose of surplus real property, by sale or 
     lease, and the proceeds shall be credited to this 
     appropriation as offsetting collections and shall be 
     available until September 30, 2009: Provided further, That 
     the Secretary of Homeland Security shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, in conjunction with the President's fiscal 
     year 2008 budget, a review of the Revised Deepwater 
     Implementation Plan that identifies any changes to the plan 
     for the fiscal year; an annual performance comparison of 
     Deepwater assets to pre-Deepwater legacy assets; a status 
     report of legacy assets; a detailed explanation of how the 
     costs of legacy assets are being accounted for within the 
     Deepwater program; an explanation of why many assets that are 
     elements of the Integrated Deepwater System are not accounted 
     for within the Deepwater appropriation under this heading; a 
     description of the competitive process conducted in all 
     contracts and subcontracts exceeding $5,000,000 within the 
     Deepwater program; a description of how the Coast Guard is 
     planning for the human resource needs of Deepwater assets; 
     and the earned value management system gold card data for 
     each Deepwater asset: Provided further, That the Secretary 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a comprehensive 
     review of the Revised Deepwater Implementation Plan every 5 
     years, beginning in fiscal year 2011, that includes a 
     complete projection of the acquisition costs and schedule for 
     the duration of the plan through fiscal year 2027: Provided 
     further, That the Secretary shall annually submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, a future-years capital investment plan for the Coast 
     Guard that identifies for each capital budget line item--
       (1) the proposed appropriation included in that budget;
       (2) the total estimated cost of completion;
       (3) projected funding levels for each fiscal year for the 
     next five fiscal years or until project completion, whichever 
     is earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) changes, if any, in the total estimated cost of 
     completion or estimated completion date from previous future-
     years capital investment plans submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives:

     Provided further, That the Secretary shall ensure that 
     amounts specified in the future-years capital investment plan 
     are consistent to the maximum extent practicable with 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the Coast Guard in the 
     President's budget as submitted under section 1105(a) of 
     title 31, United States Code, for that fiscal year: Provided 
     further, That any inconsistencies between the capital 
     investment plan and proposed appropriations shall be 
     identified and justified.
       In addition, of the funds appropriated under this heading 
     in title II of the Department of Homeland Security 
     Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2087), 
     $79,200,000 are rescinded from the unexpended balances 
     specifically identified in the Joint Explanatory Statement 
     (House Report 109-241) accompanying that Act for the Fast 
     Response Cutter, the service life extension program of the 
     current 110-foot Island Class patrol boat fleet, and 
     accelerated design and production of the Fast Response 
     Cutter.
       In addition, of the funds appropriated under this heading 
     in title II of the Department of Homeland Security 
     Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2087), 
     $1,933,000 are rescinded from the unexpended balances 
     specifically identified in the Joint Explanatory Statement 
     (House Report 109-241) accompanying that Act for the covert 
     surveillance aircraft.
       In addition, of the funds appropriated under this heading 
     in title II of the Department of Homeland Security 
     Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2087), 
     $1,835,000 are rescinded from the unexpended balances 
     specifically identified in the Joint Explanatory Statement 
     (House Report 109-241) accompanying that Act for the 
     automatic identification system.


                         alteration of bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, as authorized by section 6 of the 
     Truman-Hobbs Act (33 U.S.C. 516), $15,000,000, to remain 
     available until expended.


              Research, Development, Test, and Evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized by law; $17,573,000, to remain 
     available until expended, of which $495,000 shall be derived 
     from the Oil Spill Liability Trust Fund to carry out the 
     purposes of section 1012(a)(5) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 
     credited to and used for the purposes of this appropriation 
     funds received from State and local governments, other public 
     authorities, private sources, and foreign countries for 
     expenses incurred for research, development, testing, and 
     evaluation.


                              retired pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent receipts and combat-related 
     special compensation under the National Defense Authorization 
     Act, and payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,063,323,000.

                      United States Secret Service


                protection, administration, and training

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 755 vehicles for police-
     type use, of which 624 shall be for replacement only, and 
     hire of passenger motor vehicles; purchase of motorcycles 
     made in the United States; hire of aircraft; services of 
     expert witnesses at such rates as may be determined by the 
     Director of the Secret Service; rental of buildings in the 
     District of Columbia, and fencing, lighting, guard booths, 
     and other facilities on private or other property not in 
     Government ownership or control, as may be necessary to 
     perform protective functions; payment of per diem or 
     subsistence allowances to employees where a protective 
     assignment during the actual day or days of the visit of a 
     protectee requires an employee to work 16 hours per day or to 
     remain overnight at a post of duty; conduct of and 
     participation in firearms matches; presentation of awards; 
     travel of Secret Service employees on protective missions 
     without regard to the limitations on such expenditures in 
     this or any other Act if approval is obtained in advance from 
     the Committees on Appropriations of the Senate and the House 
     of Representatives; research and development; grants to 
     conduct behavioral research in support of protective research 
     and operations; and payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; $918,028,000, of which not to exceed $25,000 shall 
     be for official reception and representation expenses: 
     Provided, That up to $18,000,000 provided for protective 
     travel shall remain available until September 30, 2008: 
     Provided further, That the United States Secret Service is 
     authorized to obligate funds in anticipation of 
     reimbursements from Federal agencies and entities, as defined 
     in section 105 of title 5, United States Code, receiving 
     training sponsored by the James J. Rowley Training Center, 
     except that total obligations at the end of the fiscal year 
     shall not exceed total budgetary resources available under 
     this heading at the end of the fiscal year.


                  INVESTIGATIONS AND FIELD OPERATIONS

       For necessary expenses for investigations and field 
     operations of the United States Secret Service, not otherwise 
     provided for, including costs

[[Page S7636]]

     related to office space and services of expert witnesses at 
     such rate as may be determined by the Director of the Secret 
     Service, $304,205,000; of which not to exceed $100,000 shall 
     be to provide technical assistance and equipment to foreign 
     law enforcement organizations in counterfeit investigations; 
     of which $2,366,000 shall be for forensic and related support 
     of investigations of missing and exploited children; and of 
     which $6,000,000 shall be a grant for activities related to 
     the investigations of missing and exploited children and 
     shall remain available until expended.


     acquisition, construction, improvements, and related expenses

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

                               TITLE III

                       PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                     Management and Administration

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

                    Office for Domestic Preparedness


                        state and local programs

       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $2,400,000,000, which shall be 
     allocated as follows:
       (1) $500,000,000 for formula-based grants and $350,000,000 
     for law enforcement terrorism prevention grants under section 
     1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That 
     the application for grants shall be made available to States 
     within 45 days after the date of enactment of this Act; that 
     States shall submit applications within 90 days after the 
     grant announcement; and that the Office for Domestic 
     Preparedness shall act within 90 days after the grant 
     announcement: Provided further, That not less than 80 percent 
     of any grant under this paragraph to a State (other than 
     Puerto Rico) shall be made available by the State to local 
     governments within 60 days after the receipt of the funds.
       (2) $1,172,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $745,000,000 shall be for use in high-threat, high-
     density urban areas: Provided, That not later than September 
     30, 2007, the Secretary shall distribute any unallocated 
     funds provided for in title III of the Department of Homeland 
     Security Appropriations Act, 2006 (Public Law 109-90; 119 
     Stat. 2075) under the heading ``state and local programs'' 
     under the heading ``Office for Domestic Preparedness'' to 
     assist organizations (as described under section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code) determined by the Secretary to 
     be at high-risk or potential high-risk of a terrorist attack: 
     Provided further, That applicants shall provide for the 
     Secretary's consideration prior threats or attacks (within or 
     outside the United States) by a terrorist organization, 
     network, or cell against an organization described in the 
     previous proviso, and the Secretary shall consider prior 
     threats or attacks (within or outside the United States) 
     against such organizations when determining risk: Provided 
     further, That the Secretary shall report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     the risk to each designated tax exempt grantee at least 3 
     full business days in advance of the announcement of any 
     grant award;
       (B) $210,000,000 shall be for port security grants for the 
     purposes of section 70107(a) through (h) of title 46, United 
     States Code, which shall be awarded based on risk 
     notwithstanding subsection (a), for eligible costs as defined 
     in subsections (b)(2), (3), and (4);
       (C) $5,000,000 shall be for trucking industry security 
     grants;
       (D) $12,000,000 shall be for intercity bus security grants;
       (E) $150,000,000 shall be for intercity passenger rail 
     transportation (as defined in section 24102 of title 49, 
     United States Code), freight rail, and transit security 
     grants; and
       (F) $50,000,000 shall be for buffer zone protection grants:
     Provided, That for grants under subparagraph (A), the 
     application for grants shall be made available to States 
     within 45 days after the date of enactment of this Act; that 
     States shall submit applications within 90 days after the 
     grant announcement; and that the Office for Domestic 
     Preparedness shall act within 90 days after receipt of an 
     application: Provided further, That not less than 80 percent 
     of any grant under this paragraph to a State shall be made 
     available by the State to local governments within 60 days 
     after the receipt of the funds: Provided further, That for 
     grants under subparagraphs (B) through (F), the applications 
     for such grants shall be made available to eligible 
     applicants not later than 75 days after the date of enactment 
     of this Act, eligible applicants shall submit applications 
     not later than 45 days after the date of the grant 
     announcement, and the Office for Domestic Preparedness shall 
     act on such applications not later than 45 days after the 
     date on which such an application is received.
       (3) $40,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program.
       (4) $338,000,000 for training, exercises, technical 
     assistance, and other programs (including mass evacuation 
     preparation and exercises): Provided, That not less than 
     $18,000,000 is for technical assistance:
     Provided, That none of the grants provided under this heading 
     shall be used for the construction or renovation of 
     facilities, except for a minor perimeter security project, 
     not to exceed $1,000,000, as determined necessary by the 
     Secretary of Homeland Security: Provided further, That the 
     proceeding proviso shall not apply to grants under 
     subparagraphs (B), (E), and (F) of paragraph (2) of this 
     heading: Provided further, That grantees shall provide 
     additional reports on their use of funds, as determined 
     necessary by the Secretary of Homeland Security: Provided 
     further, That funds appropriated for law enforcement 
     terrorism prevention grants under paragraph (1) and 
     discretionary grants under paragraph (2)(A) of this heading 
     shall be available for operational costs, to include 
     personnel overtime and overtime associated with Office for 
     Domestic Preparedness certified training, as needed: Provided 
     further, That the Government Accountability Office shall 
     report on the validity, relevance, reliability, timeliness, 
     and availability of the risk factors (including threat, 
     vulnerability, and consequence) used by the Secretary for the 
     purpose of allocating discretionary grants funded under this 
     heading, and the application of those factors in the 
     allocation of funds to the Committees on Appropriations of 
     the Senate and the House of Representatives on its findings 
     not later than 45 days after the date of enactment of this 
     Act: Provided further, That within 7 days after the date of 
     enactment of this Act, the Secretary shall provide the 
     Government Accountability Office with the threat and risk 
     methodology and factors that will be used to allocate 
     discretionary grants funded under this heading.


                     firefighter assistance grants

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $680,000,000, of which $552,500,000 shall be 
     available to carry out section 33 of that Act (15 U.S.C. 
     2229) and $127,500,000 shall be available to carry out 
     section 34 (15 U.S.C. 2229a) of that Act, to remain available 
     until September 30, 2008: Provided, That not to exceed 5 
     percent of this amount shall be available for program 
     administration.


                emergency management performance grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $220,000,000: Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     appropriation.

              radiological emergency preparedness program

       The aggregate charges assessed during fiscal year 2007, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall 
     not be less than 100 percent of the amounts anticipated by 
     the Department of Homeland Security necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year: Provided, That the methodology for assessment 
     and collection of fees shall be fair and equitable and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees: Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2007, 
     and remain available until expended.

             United States Fire Administration and Training

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

           Infrastructure Protection and Information Security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.), $525,056,000, of which $442,547,000 shall 
     remain available until September 30, 2008: Provided, That of 
     the amount made available under this heading, $20,000,000 may 
     not be obligated until the Secretary submits to the 
     Committees on Appropriations of the Senate and House of 
     Representatives the report required in House Report 109-241 
     accompanying the Department of Homeland Security 
     Appropriations Act, 2006 (Public

[[Page S7637]]

     Law 109-90) on resources necessary to implement mandatory 
     security requirements for the Nation's chemical sector and to 
     create a system for auditing and ensuring compliance with the 
     security standards: Provided further, That not later than 120 
     days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall submit a classified 
     report describing the security vulnerabilities of all rail, 
     transit, and highway bridges and tunnels connecting Northern 
     New Jersey and New York City to the Committee on 
     Appropriations of the Senate; the Committee on Appropriations 
     of the House of Representatives; the Committee on Commerce, 
     Science, and Transportation of the Senate; and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                 Administrative and Regional Operations

       For necessary expenses for administrative and regional 
     operations, $249,499,000, including activities authorized by 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.), the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
     sections 107 and 303 of the National Security Act of 1947 (50 
     U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.): Provided, That not to exceed $3,000 shall be for 
     official reception and representation expenses.

             Readiness, Mitigation, Response, and Recovery

       For necessary expenses for readiness, mitigation, response, 
     and recovery activities, $240,000,000, including activities 
     authorized by the National Flood Insurance Act of 1968 (42 
     U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
     Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 
     seq.), the Defense Production Act of 1950 (50 U.S.C. App. 
     2061 et seq.), sections 107 and 303 of the National Security 
     Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 
     of 1978 (5 U.S.C. App.), and the Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.): Provided, That of the total 
     amount made available under this heading, $30,000,000 shall 
     be for Urban Search and Rescue Teams, of which not to exceed 
     $1,600,000 may be made available for administrative costs: 
     Provided further, That the Secretary of Homeland Security, in 
     consultation with the Secretary of Health and Human Services 
     and the Attorney General of the United States, shall conduct 
     an assessment of the models used by the Louisiana family 
     assistance call center and the National Center for Missing 
     and Exploited Children in assisting individuals displaced by 
     Hurricane Katrina of 2005 in locating members of their family 
     to determine how these models may be modified to assist 
     individuals displaced in a major disaster (as that term is 
     defined in section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122) in 
     locating members of their family: Provided further, That the 
     Secretary of Homeland Security shall submit to the chairman 
     and ranking member of the Committee on Homeland Security and 
     Governmental Affairs; the Committee on Health, Education, 
     Labor, and Pensions; and the Committee on the Judiciary of 
     the Senate; and the chairman and ranking member of the 
     Committee on Homeland Security, the Committee on Energy and 
     Commerce, and the Committee on the Judiciary of the House of 
     Representatives results of the assessment conducted under the 
     previous proviso; as well as a plan to implement the findings 
     of such assessment, to the maximum extent practicable.

                         Public Health Programs


                     (including transfer of funds)

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

                            Disaster Relief


                     (including transfer of funds)

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

            Disaster Assistance Direct Loan Program Account

       For administrative expenses to carry out the direct loan 
     program, as authorized by section 319 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5162), $569,000: Provided, That gross obligations for 
     the principal amount of direct loans shall not exceed 
     $25,000,000: Provided further, That the cost of modifying 
     such loans shall be as defined in section 502 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a).

                      Flood Map Modernization Fund

       For necessary expenses under section 1360 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, 
     and such additional sums as may be provided by State and 
     local governments or other political subdivisions for cost-
     shared mapping activities under section 1360(f)(2) of such 
     Act, to remain available until expended: Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     appropriation.

                     National Flood Insurance Fund


                     (including transfer of funds)

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

                     National Flood Mitigation Fund


                     (including transfer of funds)

       Notwithstanding subparagraphs (B) and (C) of subsection 
     (b)(3), and subsection (f), of section 1366 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4104c), $31,000,000, 
     to remain available until September 30, 2008, for activities 
     designed to reduce the risk of flood damage to structures 
     pursuant to such Act, of which $31,000,000 shall be derived 
     from the National Flood Insurance Fund.

                 National Pre-Disaster Mitigation Fund

       For a pre-disaster mitigation grant program under title II 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5131 et seq.), $149,978,000, to 
     remain available until expended: Provided, That grants made 
     for pre-disaster mitigation shall be awarded on a competitive 
     basis subject to the criteria in section 203(g) of such Act 
     (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of 
     such Act, shall be made without reference to State 
     allocations, quotas, or other formula-based allocation of 
     funds: Provided further, That total administrative costs 
     shall not exceed 3 percent of the total appropriation.

                       Emergency Food and Shelter

       To carry out an emergency food and shelter program under 
     title III of the Stewart B. McKinney Homeless Assistance Act 
     (42 U.S.C. 11331 et seq.), $151,470,000, to remain available 
     until expended: Provided, That total administrative costs 
     shall not exceed 3.5 percent of the total appropriation.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center


                         salaries and expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; purchase of not to 
     exceed 117 vehicles for police-type use and hire of passenger 
     motor vehicles; expenses for student athletic and related 
     activities; the conduct of and participation in firearms 
     matches and presentation of awards; public awareness and 
     enhancement of community support of law enforcement training; 
     room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal mobile 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $207,634,000, of 
     which up to $43,910,000 for materials and support costs of 
     Federal law enforcement basic training shall remain available 
     until September 30, 2008; of which $300,000 shall remain 
     available until expended for Federal law enforcement agencies 
     participating in training

[[Page S7638]]

     accreditation, to be distributed as determined by the Federal 
     Law Enforcement Training Center for the needs of 
     participating agencies; and of which not to exceed $12,000 
     shall be for official reception and representation expenses: 
     Provided, That the Center is authorized to obligate funds in 
     anticipation of reimbursements from agencies receiving 
     training sponsored by the Center, except that total 
     obligations at the end of the fiscal year shall not exceed 
     total budgetary resources available at the end of the fiscal 
     year.


     acquisition, construction, improvements, and related expenses

       For acquisition of necessary additional real property and 
     facilities, construction, and ongoing maintenance, facility 
     improvements, and related expenses of the Federal Law 
     Enforcement Training Center, $63,246,000, to remain available 
     until expended: Provided, That the Center is authorized to 
     accept reimbursement to this appropriation from government 
     agencies requesting the construction of special use 
     facilities.

                         Science and Technology


                     management and administration

       For salaries and expenses of the Office of the Under 
     Secretary for Science and Technology and for management and 
     administration of programs and activities, as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.), $104,414,000: Provided, That of the amount provided 
     under this heading, $60,000,000 shall not be obligated until 
     the Committees on Appropriations of the Senate and the House 
     of Representatives receive and approve an expenditure plan by 
     program, project, and activity; with a detailed breakdown and 
     justification of the management and administrative costs for 
     each; prepared by the Secretary of Homeland Security that has 
     been reviewed by the Government Accountability Office: 
     Provided further, That the expenditure plan shall include the 
     method utilized to derive administration costs in fiscal year 
     2006 and fiscal year 2007: Provided further, That not to 
     exceed $3,000 shall be for official reception and 
     representation expenses.


           research, development, acquisition, and operations

       For necessary expenses for science and technology research, 
     including advanced research projects; development; test and 
     evaluation; acquisition; and operations; as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.); $714,041,000, to remain available until expended: 
     Provided, That no university participating in the University-
     based Centers of Excellence Program shall receive a grant for 
     a period in excess of 3 years: Provided further, That none of 
     the funds provided under this heading shall be made available 
     for management and administrative costs: Provided further, 
     That $2,000,000 under this heading shall be available for the 
     construction of radiological laboratories at Pacific 
     Northwest National Laboratory: Provided further, That funding 
     will not be available until a Memorandum of Understanding 
     between the Department of Homeland Security and the 
     Department of Energy has been entered into.

                   Domestic Nuclear Detection Office


                     MANAGEMENT AND ADMINISTRATION

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


                 RESEARCH, DEVELOPMENT, AND OPERATIONS

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


                          SYSTEMS ACQUISITION

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. Subject to the requirements of section 503 of 
     this Act, the unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established under 
     this Act: Provided, That balances so transferred may be 
     merged with funds in the applicable established accounts and 
     thereafter may be accounted for as one fund for the same time 
     period as originally enacted.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2007, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds for any program, 
     project, or activity for which funds have been denied or 
     restricted by the Congress; (4) proposes to use funds 
     directed for a specific activity by either of the Committees 
     on Appropriations of the Senate or House of Representatives 
     for a different purpose; or (5) contracts out any function or 
     activity for which funds have been appropriated for Federal 
     full-time equivalent positions; unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2007, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure for programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $5,000,000 or 10 percent, whichever is less, that: (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by the Congress; or (3) results from any general 
     savings from a reduction in personnel that would result in a 
     change in existing programs, projects, or activities as 
     approved by the Congress; unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriations, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) of this section 
     and shall not be available for obligation unless the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances which imminently threaten the safety of human 
     life or the protection of property.
       Sec. 504. None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security may be used 
     to make payments to the ``Department of Homeland Security 
     Working Capital Fund'', except for the activities and amounts 
     allowed in the President's fiscal year 2007 budget, excluding 
     sedan service, shuttle service, transit subsidy, mail 
     operations, parking, and competitive sourcing: Provided, That 
     any additional activities and amounts shall be approved by 
     the Committees on Appropriations of the Senate and the House 
     of Representatives 30 days in advance of obligation.
       Sec. 505. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2007 from appropriations 
     for salaries and expenses for fiscal year 2007 in this Act 
     shall remain available through September 30, 2008, in the 
     account and for the purposes for which the appropriations 
     were provided: Provided, That prior to the obligation of such 
     funds, a request shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for approval in accordance with section 503 of this Act.
       Sec. 506. Funds made available by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2007 until the 
     enactment of an Act authorizing intelligence activities for 
     fiscal year 2007.
       Sec. 507. The Federal Law Enforcement Training Center shall 
     lead the Federal law enforcement training accreditation 
     process, to include representatives from the Federal law 
     enforcement community and non-Federal accreditation experts 
     involved in law enforcement training, to continue the 
     implementation of measuring and assessing the quality and 
     effectiveness of Federal law enforcement training programs, 
     facilities, and instructors.
       Sec. 508. None of the funds in this Act may be used to make 
     a grant allocation, discretionary grant award, discretionary 
     contract award, or to issue a letter of intent totaling in 
     excess of $1,000,000, or to announce publicly the intention 
     to make such an award, unless the Secretary of Homeland 
     Security notifies the Committees on Appropriations of the 
     Senate and the House of Representatives at least 3 full 
     business days in advance: Provided, That no notification 
     shall

[[Page S7639]]

     involve funds that are not available for obligation.
       Sec. 509. Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training which cannot be accommodated in existing Center 
     facilities.
       Sec. 510. The Director of the Federal Law Enforcement 
     Training Center shall schedule basic or advanced law 
     enforcement training (including both types of training) at 
     all four training facilities under the control of the Federal 
     Law Enforcement Training Center to ensure that these training 
     centers are operated at the highest capacity throughout the 
     fiscal year.
       Sec. 511. None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses of any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus, if required by the Public Buildings Act 
     of 1959 (40 U.S.C. 3301), has not been approved, except that 
     necessary funds may be expended for each project for required 
     expenses for the development of a proposed prospectus.
       Sec. 512. None of the funds in this Act may be used in 
     contravention of the applicable provisions of the Buy 
     American Act (41 U.S.C. 10a et seq.).
       Sec. 513. Notwithstanding any other provision of law, the 
     authority of the Office of Personnel Management to conduct 
     personnel security and suitability background investigations, 
     update investigations, and periodic reinvestigations of 
     applicants for, or appointees in, positions in the Office of 
     the Secretary and Executive Management, the Office of the 
     Under Secretary for Management, Analysis and Operations, 
     Immigration and Customs Enforcement, Directorate for 
     Preparedness, and the Directorate of Science and Technology 
     of the Department of Homeland Security is transferred to the 
     Department of Homeland Security: Provided, That on request of 
     the Department of Homeland Security, the Office of Personnel 
     Management shall cooperate with and assist the Department in 
     any investigation or reinvestigation under this section: 
     Provided further, That this section shall cease to be 
     effective at such time as the President has selected a single 
     agency to conduct security clearance investigations under 
     section 3001(c) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 435b) 
     and the entity selected under section 3001(b) of such Act has 
     reported to Congress that the agency selected under such 
     section 3001(c) is capable of conducting all necessary 
     investigations in a timely manner or has authorized the 
     entities within the Department of Homeland Security covered 
     by this section to conduct their own investigations under 
     section 3001 of such Act.
       Sec. 514. (a) None of the funds provided by this or 
     previous appropriations Acts may be obligated for deployment 
     or implementation, on other than a test basis, of the Secure 
     Flight program or any other follow on or successor passenger 
     prescreening programs, until the Secretary of Homeland 
     Security certifies, and the Government Accountability Office 
     reports, to the Committees on Appropriations of the Senate 
     and the House of Representatives, that all 10 of the 
     conditions contained in paragraphs (1) through (10) of 
     section 522(a) of the Department of Homeland Security 
     Appropriations Act, 2005 (Public Law 108-334; 118 Stat. 1319) 
     have been successfully met. Until the Secure Flight program 
     or a follow on or successor passenger screening program has 
     been deployed or implemented, the Transportation Security 
     Administration shall provide airlines with technical or other 
     assistance to better align their reservation and ticketing 
     systems with terrorist databases to assist in alleviating 
     travel delays and other problems associated with mistaken 
     identification.
       (b) The report required by subsection (a) shall be 
     submitted within 90 days after the certification required by 
     such subsection is provided, and periodically thereafter, if 
     necessary, until the Government Accountability Office 
     confirms that all 10 conditions have been successfully met.
       (c) During the testing phase permitted by subsection (a), 
     no information gathered from passengers, foreign or domestic 
     air carriers, or reservation systems may be used to screen 
     aviation passengers, or delay or deny boarding to such 
     passengers, except in instances where passenger names are 
     matched to a Government watch list.
       (d) None of the funds provided in this or previous 
     appropriations Acts may be utilized to develop or test 
     algorithms assigning risk to passengers whose names are not 
     on Government watch lists.
       (e) None of the funds provided in this or previous 
     appropriations Acts may be utilized for data or a database 
     that is obtained from or remains under the control of a non-
     Federal entity: Provided, That this restriction shall not 
     apply to Passenger Name Record data obtained from air 
     carriers.
       Sec. 515. None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 516. None of the funds appropriated by this Act may be 
     used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of United States Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
       Sec. 517. (a) None of the funds appropriated to the United 
     States Secret Service by this Act or by previous 
     appropriations Acts may be made available for the protection 
     of a person, other than persons granted protection under 
     3056(a) of title 18, United States Code, and the Secretary of 
     the Department of Homeland Security.
       (b) Notwithstanding (a) of this section, the Director of 
     the United States Secret Service may enter into a fully 
     reimbursable agreement to perform such service for protectees 
     not designated under 3056(a) of title 18, United States Code.
       Sec. 518. The Secretary of Homeland Security, in 
     consultation with industry stakeholders, shall develop 
     standards and protocols for increasing the use of explosive 
     detection equipment to screen air cargo when appropriate.
       Sec. 519. (a) The Secretary of Homeland Security is 
     directed to research, develop, and procure new technologies 
     to inspect and screen air cargo carried on passenger aircraft 
     at the earliest date possible.
       (b) Existing checked baggage explosive detection equipment 
     and screeners shall be utilized to screen air cargo carried 
     on passenger aircraft to the greatest extent practicable at 
     each airport until technologies developed under subsection 
     (a) are available.
       (c) The Transportation Security Administration shall report 
     air cargo inspection statistics within 15 days of the close 
     of each quarter of the fiscal year to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, by airport and air carrier, including any 
     reasons for non-compliance with the second proviso of section 
     513 of the Department of Homeland Security Appropriations 
     Act, 2005 (Public Law 108-334; 118 Stat. 1317), within 45 
     days after the end of the quarter.
       Sec. 520. (a) None of the funds available for obligation 
     for the transportation worker identification credential 
     program shall be used to develop a personalization system 
     that is executed without fair and open competition for both 
     the implementation and production of the program and 
     identification cards.
       (b) The Transportation Security Administration shall 
     certify to the Committees on Appropriations of the Senate and 
     the House of Representatives not later than December 1, 2006, 
     that the competition required under subsection (a) has been 
     achieved.
       Sec. 521. None of the funds made available in this Act may 
     be used by any person other than the privacy officer 
     appointed under section 222 of the Homeland Security Act of 
     2002 (6 U.S.C. 142) to alter, direct that changes be made to, 
     delay, or prohibit the transmission to Congress of any report 
     prepared under paragraph (5) of such section.
       Sec. 522. No funding provided by this or previous 
     appropriation Acts shall be available to pay the salary of 
     any employee serving as a contracting officer's technical 
     representative (COTR) or anyone acting in a similar or like 
     capacity who has not received COTR training.
       Sec. 523. Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'', 
     ``Administration'' and ``Transportation Security Support'' in 
     fiscal years 2004, 2005, and 2006 that are recovered or 
     deobligated shall be available only for procurement and 
     installation of explosive detection systems for air cargo, 
     baggage, and checkpoint screening systems, subject to section 
     503 of this Act.
       Sec. 524. (a) Within 60 days of enactment of this Act, the 
     Secretary of the Department of Homeland Security shall revise 
     DHS MD (Management Directive) 11056 to provide for the 
     following:
       (1) That when a lawful request is made to publicly release 
     a document containing information designated as sensitive 
     security information (SSI), the document shall be reviewed in 
     a timely manner to determine whether any information 
     contained in the document meets the criteria for continued 
     SSI protection under applicable law and regulation and shall 
     further provide that all portions that no longer require SSI 
     designation be released, subject to applicable law, including 
     sections 552 and 552a of title 5, United States Code.
       (2) That sensitive security information that is four years 
     old shall be subject to release upon request unless--
       (A) the Secretary or his designee makes a written 
     determination that identifies a rational basis why the 
     information must remain SSI;
       (B) the information is covered by a current sensitive 
     security information application guide approved by the 
     Secretary or his designee in writing; or
       (C) such information is otherwise exempt from disclosure 
     under applicable law:
     Provided, That any determination made by the Secretary under 
     clause (a)(2)(A) shall be provided to the party making a 
     request to release such information and to the Committees on 
     Appropriations of the Senate and House of Representatives as 
     part of the annual reporting requirement pursuant to section 
     537 of the Department of Homeland Security Appropriations 
     Act, 2006 (Public Law 109-90; 119 Stat. 2088).
       (3) Common and extensive examples of the individual 
     categories of SSI information cited under 49 CFR 1520(b)(1) 
     through (16) in order to minimize and standardize judgment by 
     covered persons in the application of SSI marking.
       (b) Not later than 120 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall report to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives on the progress that the Department has 
     made in implementing the remaining requirements of section 
     537 of the Department of Homeland Security Appropriations 
     Act, 2006 (Public Law 109-90; 119 Stat. 2088), including 
     information on the current procedures regarding

[[Page S7640]]

     access to SSI by civil litigants and the security risks and 
     benefits of any proposed changes to these procedures.
       Sec. 525. Rescission. From the unobligated balances from 
     prior year appropriations made available for Transportation 
     Security Administration ``Aviation Security'' and 
     ``Headquarters Administration'', $4,776,000 are rescinded.
       Sec. 526. The Department of Homeland Security Working 
     Capital Fund, established under section 403 of the Government 
     Management Reform Act of 1994 (31 U.S.C. 501 note; Public Law 
     103-356), shall continue operations during fiscal year 2007.
       Sec. 527. Rescission. Of the unobligated balances from 
     prior year appropriations made available for the 
     ``Counterterrorism Fund'', $16,000,000 are rescinded.
       Sec. 528. Rescission. From the unobligated balances from 
     prior year appropriations made available for Transportation 
     Security Administration ``Aviation Security'', $61,936,000 
     are rescinded.
       Sec. 529. None of the funds made available in this Act may 
     be used to enforce section 4025(1) of Public Law 108-458 if 
     the Assistant Secretary (Transportation Security 
     Administration) determines that butane lighters are not a 
     significant threat to civil aviation security: Provided, That 
     the Assistant Secretary (Transportation Security 
     Administration) shall notify the Committees on Appropriations 
     of the Senate and the House of Representatives 15 days in 
     advance of such determination including a report on whether 
     the effectiveness of screening operations is enhanced by 
     suspending enforcement of the prohibition.
       Sec. 530. Rescissions. Of the unobligated balances from 
     prior year appropriations made available for Science and 
     Technology, $55,000,000 for ``Management and Administration'' 
     and $184,000,000 from ``Research, Development, Acquisition, 
     and Operations'' are rescinded: Provided, That of the total 
     amount rescinded from ``Management and Administration'', 
     $30,000,000 shall be from the contingency fund and 
     $25,000,000 shall be from the Homeland Security Institute.
       Sec. 531. Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall consider the Hancock 
     County Port and Harbor Commission in Mississippi eligible 
     under the Federal Emergency Management Agency Public 
     Assistance Program for all costs incurred for dredging from 
     navigation channel in Little Lake, Louisiana, sediment 
     deposited as a result of Hurricane George in 1998: Provided, 
     That the appropriate Federal share shall apply to approval of 
     this project.
       Sec. 532. The Department of Homeland Security shall, in 
     approving standards for State and local emergency 
     preparedness operational plans under section 613(b)(3) of the 
     Robert T. Stafford Disaster and Emergency Assistance Act (42 
     U.S.C. 5196b(b)(3)), account for the needs of individuals 
     with household pets and service animals before, during, and 
     following a major disaster or emergency: Provided, That 
     Federal agencies may provide assistance as described in 
     section 403(a) of the Robert T. Stafford Disaster and 
     Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry out 
     the plans described in the previous proviso.
       Sec. 533. Rescission. From the unexpended balances of the 
     United States Coast Guard ``Acquisition, Construction, and 
     Improvements'' account specifically identified in the Joint 
     Explanatory Statement (House Report 109-241) accompanying the 
     Department of Homeland Security Act, 2006 (Public Law 109-90) 
     for the development of the Offshore Patrol Cutter, 
     $20,000,000 are rescinded.
       Sec. 534. Transfer. All obligated and unobligated balances 
     of funds, totaling not less than $98,552,000, for the 
     Transportation Security Laboratory shall be transferred from 
     the Science and Technology ``Research, Development, 
     Acquisition, and Operations'' account to the Transportation 
     Security Administration ``Transportation Security Support'' 
     account effective October 1, 2006.
       Sec. 535. (a)(1) Within 45 days after the close of each 
     month, the Chief Financial Officer of the Department of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a monthly budget execution report that sets forth the total 
     obligational authority appropriated (new budget authority 
     plus unobligated carryover), undistributed obligational 
     authority, amount allotted, current year obligations, 
     unobligated authority (the difference between total 
     obligational authority and current year obligations), 
     beginning unexpended obligations, year-to-date costs, and 
     year-end unexpended obligations, of the Department of 
     Homeland Security.
       (2) The information required under paragraph (1) shall be 
     provided for each Departmental component and the Working 
     Capital Fund at the level of detail shown in the table of 
     detailed funding recommendations displayed at the end of the 
     Statement of Managers accompanying the conference report on 
     this Act.
       (3) Each report submitted under paragraph (1) shall include 
     for each Department of Homeland Security component the total 
     full-time equivalent for the prior fiscal year, the on-board 
     total full-time equivalent on September 30 of the prior 
     fiscal year, the estimated total full-time equivalent for the 
     current fiscal year, and the on-board total full-time 
     equivalent on the last day of the month for the applicable 
     report.
       (b) Obligation authority and transfer authority provided 
     under section 503 and 504 of this Act shall not be available 
     unless on the date of a notification under section 503 and 
     504, the Committees on Appropriations of the Senate and House 
     of Representatives have received the most recent report 
     required by subsection (a) of this section.
       Sec. 536. None of the funds provided by this or previous 
     appropriations Acts or transferred to the Department of 
     Homeland Security that remain available for obligation or 
     expenditure in fiscal year 2007, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure for the 
     Office of the Federal Coordinator for Gulf Coast Rebuilding 
     effective October 1, 2006, unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive a reprogramming notification for fiscal year 2006 
     pursuant to section 503 of Public Law 109-90 and a budget 
     request and expenditure plan for fiscal year 2007 for this 
     office.
       Sec. 537. The Federal Law Enforcement Training Center 
     instructor staff shall be classified as inherently 
     governmental for the purpose of the Federal Activities 
     Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 538. Section 7209(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
     U.S.C. 1185 note) is amended by striking from ``(1) 
     Development of plan.--The Secretary'' through ``7208(k)).'' 
     and inserting the following:
       ``(1) Development of plan and implementation.--
       ``(A) The Secretary of Homeland Security, in consultation 
     with the Secretary of State, shall develop and implement a 
     plan as expeditiously as possible to require a passport or 
     other document, or combination of documents, deemed by the 
     Secretary of Homeland Security to be sufficient to denote 
     identity and citizenship, for all travel into the United 
     States by United States citizens and by categories of 
     individuals for whom documentation requirements have 
     previously been waived under section 212(d)(4)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). 
     This plan shall be implemented not later than 3 months after 
     the Secretary of State and the Secretary of Homeland Security 
     make the certifications required in subsection (B), or June 
     1, 2009, whichever is earlier. The plan shall seek to 
     expedite the travel of frequent travelers, including those 
     who reside in border communities, and in doing so, shall make 
     readily available a registered traveler program (as described 
     in section 7208(k)).
       ``(B) The Secretary of Homeland Security and the Secretary 
     of State shall jointly certify to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that the following criteria have been met prior to 
     implementation of Section 7209(b)(1)(A)--
       ``(i) the National Institutes of Standards and Technology 
     has certified that the card architecture meets the 
     International Organization for Standardization ISO 14443 
     security standards, or justifies a deviation from such 
     standard;
       ``(ii) the technology to be used by the United States for 
     the passport card, and any subsequent change to that 
     technology, has been shared with the governments of Canada 
     and Mexico;
       ``(iii) an agreement has been reached with the United 
     States Postal Service on the fee to be charged individuals 
     for the passport card, and a detailed justification has been 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives;
       ``(iv) an alternative procedure has been developed for 
     groups of children traveling across an international border 
     under adult supervision with parental consent;
       ``(v) the necessary technological infrastructure to process 
     the passport cards has been installed, and all employees at 
     ports of entry have been properly trained in the use of the 
     new technology;
       ``(vi) the passport card has been made available for the 
     purpose of international travel by United States citizens 
     through land and sea ports of entry between the United States 
     and Canada, Mexico, the Caribbean and Bermuda; and
       ``(vii) a single implementation date for sea and land 
     borders has been established.''.
       Sec. 539. Notwithstanding any time limitation established 
     for a grant awarded under title I, chapter 6, Public Law 106-
     31, in the item relating to Federal Emergency Management 
     Agency--Disaster Assistance for Unmet Needs, the City of 
     Cuero, Texas, may use funds received under such grant program 
     until September 30, 2007.
       Sec. 540. None of the funds made available in this Act for 
     United States Customs and Border Protection may be used to 
     prevent an individual not in the business of importing a 
     prescription drug (within the meaning of section 801(g) of 
     the Federal Food, Drug, and Cosmetic Act) from importing a 
     prescription drug from Canada that complies with the Food, 
     Drug, and Cosmetic Act.
       Sec. 541. The Secretary of Homeland Security shall submit a 
     report to the Committees on Appropriations of the Senate and 
     the House of Representatives, not later than February 8, 
     2007, that--
       (1) identifies activities being carried out by the 
     Department of Homeland Security to improve--
       (A) the targeting of agricultural inspections;
       (B) the ability of United States Customs and Border 
     Protection to adjust to new agricultural threats; and
       (C) the in-service training for interception of prohibited 
     plant and animal products and agricultural pests under the 
     agriculture quarantine inspection monitoring program of the 
     Animal and Plant Health Inspection Service; and
       (2) describes the manner in which the Secretary of Homeland 
     Security will coordinate with the Secretary of Agriculture 
     and State and local governments in carrying out the 
     activities described in paragraph (1).
       Sec. 542. Any limitation, directive, or earmarking 
     contained in either the House of Representatives or Senate 
     report accompanying H.R. 5441 shall also be included in the 
     conference report or joint statement accompanying

[[Page S7641]]

     H.R. 5441 in order to be considered as having been approved 
     by both Houses of Congress.
       Sec. 543. Any reports required in this Act and accompanying 
     reports to be submitted to the Committees on Appropriations 
     and the Department of Homeland Security's annual 
     justifications of the President's budget request shall be 
     posted on the Department of Homeland Security's public 
     website not later than 48 hours after such submission unless 
     information in the report compromises national security.
       Sec. 544. Notwithstanding any other provision of this Act, 
     $1,000,000 shall be made available from appropriations for 
     training, exercises, technical assistance, and other programs 
     under paragraph (4) under the subheading ``state and local 
     programs'' under the heading ``Office for Domestic 
     Preparedness'' under title III, for the Chief Financial 
     Officer of the Department of Homeland Security to ensure 
     compliance with the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note).
       Sec. 545. None of the amounts available or otherwise 
     available to the Coast Guard under title II of this Act under 
     the heading ``United States Coast Guard'' under the heading 
     ``operating expenses'' may be obligated or expended for the 
     continuation of operations at Long Range Aids to Navigation 
     (LORAN) stations nationwide, except in Alaska, the far 
     northwest, and the far northeast continental United States of 
     America.
       Sec. 546. No amount appropriated by this or any other Act 
     may be used to enforce or comply with any statutory 
     limitation on the number of employees in the Transportation 
     Security Administration, before or after its transfer to the 
     Department of Homeland Security from the Department of 
     Transportation, and no amount appropriated by this or any 
     other Act may be used to enforce or comply with any 
     administrative rule or regulation imposing a limitation on 
     the recruiting or hiring of personnel into the Transportation 
     Security Administration to a maximum number of permanent 
     positions, except to the extent that enforcement or 
     compliance with that limitation does not prevent the 
     Secretary of Homeland Security from recruiting and hiring 
     such personnel into the Administration as may be necessary--
       (1) to provide appropriate levels of aviation security; and
       (2) to accomplish that goal in such a manner that the 
     average aviation security-related delay experienced by 
     airline passengers is reduced to a level of 10 minutes.
       Sec. 547. Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committees on Appropriations of 
     the Senate and the House of Representatives with an 
     assessment of short-term (defined as within 2 years after the 
     date of enactment of this Act), intermediate-term (defined as 
     between 2 years and 4 years after such date of enactment), 
     and long-term (defined as more than 4 years after such date 
     of enactment) actions necessary for the Department of 
     Homeland Security to take in order to assist Federal, State, 
     and local governments achieve communications 
     interoperability, including equipment acquisition, changes in 
     governance structure, and training.
       Sec. 548. (a) Section 114 of title 49, United States Code, 
     is amended by striking subsection (o) and redesignating 
     subsections (p) through (t) as subsections (o) through (s), 
     respectively.
       (b) The amendment made by subsection (a) shall take effect 
     180 days after the date of enactment of this Act.
       Sec. 549. Data-Mining. (a) Definitions.--In this section:
       (1) Data-mining.--The term ``data-mining'' means a query or 
     search or other analysis of 1 or more electronic databases, 
     whereas--
       (A) at least 1 of the databases was obtained from or 
     remains under the control of a non-Federal entity, or the 
     information was acquired initially by another department or 
     agency of the Federal Government for purposes other than 
     intelligence or law enforcement;
       (B) a department or agency of the Federal Government or a 
     non-Federal entity acting on behalf of the Federal Government 
     is conducting the query or search or other analysis to find a 
     predictive pattern indicating terrorist or criminal activity; 
     and
       (C) the search does not use a specific individual's 
     personal identifiers to acquire information concerning that 
     individual.
       (2) Database.--The term ``database'' does not include 
     telephone directories, news reporting, information publicly 
     available via the Internet or available by any other means to 
     any member of the public without payment of a fee, or 
     databases of judicial and administrative opinions.
       (b) Reports on Data-Mining Activities by the Department of 
     Homeland Security.--
       (1) Requirement for report.--The head of each department or 
     agency in the Department of Homeland Security that is engaged 
     in any activity to use or develop data-mining technology 
     shall each submit a report to Congress on all such activities 
     of the agency under the jurisdiction of that official. The 
     report shall be made available to the public.
       (2) Content of report.--Each report submitted under 
     paragraph (1) shall include, for each activity to use or 
     develop data-mining technology that is required to be covered 
     by the report, the following information:
       (A) A thorough description of the data-mining technology 
     and the data that is being or will be used.
       (B) A thorough description of the goals and plans for the 
     use or development of such technology and, where appropriate, 
     the target dates for the deployment of the data-mining 
     technology.
       (C) An assessment of the efficacy or likely efficacy of the 
     data-mining technology in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the technology.
       (D) An assessment of the impact or likely impact of the 
     implementation of the data-mining technology on the privacy 
     and civil liberties of individuals.
       (E) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used with the data-mining technology.
       (F) A thorough discussion of the policies, procedures, and 
     guidelines that are in place or that are to be developed and 
     applied in the use of such technology for data-mining in 
     order to--
       (i) protect the privacy and due process rights of 
     individuals; and
       (ii) ensure that only accurate information is collected, 
     reviewed, gathered, analyzed, or used.
       (G) Any necessary classified information in an annex that 
     shall be available to the Committee on Homeland Security and 
     Governmental Affairs, the Committee on the Judiciary, and the 
     Committee on Appropriations of the Senate and the Committee 
     on Homeland Security, the Committee on the Judiciary, and the 
     Committee on Appropriations of the House of Representatives.
       (3) Time for report.--Each report required under paragraph 
     (1) shall be submitted not later than 90 days after the end 
     of fiscal year 2007.
       Sec. 550. (a) Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall hereafter issue interim final regulations that 
     establish homeland security requirements, including minimum 
     standards and required submission of facility security plans 
     to the Secretary, for chemical facilities that the Secretary 
     determines present the greatest security risk and that are 
     not currently regulated under Federal law for homeland 
     security purposes.
       (b) Interim regulations under this section shall apply to a 
     chemical facility until the effective date of final 
     regulations issued under other laws by the Secretary, that 
     establish requirements and standards referred to in 
     subsection (a) that apply with respect to that facility.
       (c) Any person that violates an interim regulation issued 
     under this section shall be liable for a civil penalty under 
     section 70117 of title 46, United States Code.
       Sec. 551. Not later than 1 year after the date of enactment 
     of this Act, the Secretary of Homeland Security shall 
     establish and conduct a pilot program at the Northern Border 
     Air Wing bases of the Office of CBP Air and Marine, United 
     States Customs and Border Protection, working expeditiously 
     with the Administrator of the Federal Aviation Administration 
     to test unmanned aerial vehicles for border surveillance 
     along the international marine and land border between Canada 
     and the United States.
       Sec. 552. Not later than February 8, 2007, the Assistant 
     Secretary for Immigration and Customs Enforcement of the 
     Department of Homeland Security shall submit a report to 
     Congress on the costs and need for establishing a sub-office 
     in Greeley, Colorado.
       Sec. 553. Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a report on the 
     feasibility and advisability of locating existing Louisiana 
     facilities and assets of the Coast Guard in the Federal City 
     Project of New Orleans, Louisiana, as described in the report 
     of the Defense Base Closure and Realignment Commission 
     submitted to the President in 2005 during the 2005 round of 
     defense base closure and realignment under the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).
       Sec. 554. Notwithstanding any other provision of this Act, 
     funding made available under title VII, under the heading 
     United states coast guard acquisition, construction, and 
     improvements may be used to acquire law enforcement patrol 
     boats.
       Sec. 555. Screening of Municipal Solid Waste. (a) 
     Definitions.--In this section:
       (1) Bureau.--The term `` Bureau'' means the Bureau of 
     Customs and Border Protection.
       (2) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given the term in section 31101 of 
     title 49, United States Code.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau.
       (4) Municipal solid waste.--The term ``municipal solid 
     waste'' includes sludge (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Commissioner shall submit 
     to Congress a report that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for those 
     materials in other items of commerce entering the United 
     States through commercial motor vehicle transport; and
       (2) if the report indicates that the methodologies and 
     technologies used to screen municipal solid waste are less 
     effective than those used to screen other items of commerce, 
     identifies the actions that the Bureau will take to achieve 
     the same level of effectiveness in the screening of municipal 
     solid waste, including actions necessary to meet the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the 
     Commissioner fails to fully implement an action identified 
     under subsection (b)(2) before the earlier of the date that 
     is 180 days after the date on which the report under 
     subsection (b) is required to be submitted or the date that 
     is 180 days after the date on which the report is submitted, 
     the Secretary shall deny entry into the United States of any 
     commercial motor vehicle carrying municipal solid waste

[[Page S7642]]

     until the Secretary certifies to Congress that the 
     methodologies and technologies used by the Bureau to screen 
     for and detect the presence of chemical, nuclear, biological, 
     and radiological weapons in municipal solid waste are as 
     effective as the methodologies and technologies used by the 
     Bureau to screen for those materials in other items of 
     commerce entering into the United States through commercial 
     motor vehicle transport.
       Sec. 556. (a) Construction of Border Tunnel or Passage.--
     Chapter 27 of title 18, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 554. Border tunnels and passages

       ``(a) Any person who knowingly constructs or finances the 
     construction of a tunnel or subterranean passage that crosses 
     the international border between the United States and 
     another country, other than a lawfully authorized tunnel or 
     passage known to the Secretary of Homeland Security and 
     subject to inspection by the Bureau of Immigration and 
     Customs Enforcement, shall be fined under this title and 
     imprisoned for not more than 20 years.
       ``(b) Any person who knows or recklessly disregards the 
     construction or use of a tunnel or passage described in 
     subsection (a) on land that the person owns or controls shall 
     be fined under this title and imprisoned for not more than 10 
     years.
       ``(c) Any person who uses a tunnel or passage described in 
     subsection (a) to unlawfully smuggle an alien, goods (in 
     violation of section 545), controlled substances, weapons of 
     mass destruction (including biological weapons), or a member 
     of a terrorist organization (as defined in section 
     2339B(g)(6)) shall be subject to a maximum term of 
     imprisonment that is twice the maximum term of imprisonment 
     that would have otherwise been applicable had the unlawful 
     activity not made use of such a tunnel or passage.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by adding at 
     the end the following:

``Sec. 554. Border tunnels and passages.''.

       (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by inserting ``554,'' before 
     ``1425,''.
       (d) Directive to the United States Sentencing Commission.--
       (1) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this subsection, the United States Sentencing Commission 
     shall promulgate or amend sentencing guidelines to provide 
     for increased penalties for persons convicted of offenses 
     described in section 554 of title 18, United States Code, as 
     added by subsection (a).
       (2) Requirements.--In carrying out this subsection, the 
     United States Sentencing Commission shall--
       (A) ensure that the sentencing guidelines, policy 
     statements, and official commentary reflect the serious 
     nature of the offenses described in section 554 of title 18, 
     United States Code, and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (B) provide adequate base offense levels for offenses under 
     such section;
       (C) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including--
       (i) the use of a tunnel or passage described in subsection 
     (a) of such section to facilitate other felonies; and
       (ii) the circumstances for which the sentencing guidelines 
     currently provide applicable sentencing enhancements;
       (D) ensure reasonable consistency with other relevant 
     directives, other sentencing guidelines, and statutes;
       (E) make any necessary and conforming changes to the 
     sentencing guidelines and policy statements; and
       (F) ensure that the sentencing guidelines adequately meet 
     the purposes of sentencing set forth in section 3553(a)(2) of 
     title 18, United States Code.
       Sec. 557. Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall provide personnel and 
     equipment to improve national security by inspecting 
     international shipments of municipal solid waste, and shall 
     levy a fee limited to the approximate cost of such 
     inspections.
       Sec. 558. (a) Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     coordination with the Secretary of State, the Federal 
     Communications Commission, and relevant agencies in the 
     States of Alaska, Idaho, Montana, Oregon, and Washington, 
     shall--
       (1) evaluate the technical and operational challenges with 
     respect to interoperable communications facing regional, 
     local, State, and Federal authorities in preparing for the 
     2010 Olympics; and
       (2) develop an integrated plan for addressing such 
     technical and operational challenges.
       (b) The Secretary of Homeland Security shall submit and 
     present the plan developed under subsection (a) to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives.
       Sec. 559. The Secretary of Homeland Security may not take 
     any action to alter or reduce operations within the Civil 
     Engineering Program of the Coast Guard nationwide, including 
     the civil engineering units, facilities, and design and 
     construction centers, the Coast Guard Academy, and the 
     Research and Development Center until the Committees on 
     Appropriations and Commerce, Science, and Transportation of 
     the Senate receive and approve a plan on changes to the Civil 
     Engineering Program of the Coast Guard. The plan shall 
     include a description of the current functions of the Civil 
     Engineering Program and a description of any proposed 
     modifications of such functions and of any proposed 
     modification of personnel and offices, including the 
     rationale for such modification, an assessment of the costs 
     and benefits of such modification, any proposed alternatives 
     to such modification, and the processes utilized by the Coast 
     Guard and the Office of Management and Budget to analyze and 
     assess such modification.
       Sec. 560. (a) All amounts made available under this Act for 
     travel and transportation shall be reduced by $43,000,000.
       (b) All amounts made available under this Act for printing 
     and reproduction shall be reduced by $1,000,000.
       Sec. 561. None of the funds made available by this Act may 
     be used to take an action that would violate Executive Order 
     13149 (65 Fed. Reg. 24607; relating to greening the 
     government through Federal fleet and transportation 
     efficiency).
       Sec. 562. (a) The Transportation Security Administration 
     shall require each air carrier and foreign air carrier that 
     provides air transportation or intrastate air transportation 
     to submit plans to the Transportation Security Administration 
     on how such air carrier will participate in the voluntary 
     provision of emergency services program established by 
     section 44944(a) of title 49, United States Code.
       (b)(1) Not more than 90 days after the date of the 
     enactment of this Act, the Transportation Security 
     Administration shall prepare a report that contains the 
     following:
       (A) Procedures that qualified individuals need to follow in 
     order to participate in the program described in subsection 
     (a).
       (B) Relevant contacts for individuals interested in 
     participating in the program described in subsection (a).
       (2) The Transportation Security Administration shall make 
     the report required by paragraph (1) available, by Internet 
     web site or other appropriate method, to the following:
       (A) The Congress.
       (B) The emergency response agency of each State.
       (C) The relevant organizations representing individuals to 
     participate in the program.
       Sec. 563. Not later than 90 days after the date of 
     enactment of this Act, the Director of the Federal Emergency 
     Management Agency in conjunction with the Director of the 
     National Institutes of Standards and Technology shall submit 
     a report to the Senate Committee on Appropriations outlining 
     Federal earthquake response plans for high-risk earthquake 
     regions in the United States as determined by the United 
     States Geological Survey.
       Sec. 564. Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish revised procedures for expeditiously clearing 
     individuals whose names have been mistakenly placed on a 
     terrorist database list or who have names identical or 
     similar to individuals on a terrorist database list. The 
     Secretary shall advise Congress of the procedures 
     established.
       Sec. 565. Of the amount appropriated or otherwise made 
     available by title II of this Act under the heading ``United 
     States Coast Guard'', ``operating expenses'', $13,934,000 may 
     be available for the purpose of the National Capital Region 
     Air Defense mission of the Coast Guard.
       Sec. 566. (a) The Congress makes the following findings:
       (1) Domestic methamphetamine production in both small-and 
     large-scale laboratories is decreasing as a result of law 
     enforcement pressure and public awareness campaigns.
       (2) It is now estimated that 80 percent of methamphetamine 
     consumed in the United States originates in Mexico and is 
     smuggled into the United States.
       (3) The movement of methamphetamine into the United States 
     poses new law enforcement challenges at the border, in the 
     financial system, and in communities affected by 
     methamphetamine.
       (4) Customs and Border Protection is working to stop the 
     spread of methamphetamine by examining the movement of the 
     drug and its precursors at the borders and points of entry.
       (5) Customs and Border Protection is a vital source of 
     information for the Drug Enforcement Administration and other 
     law enforcement agencies.
       (b) It is the sense of the Senate that Customs and Border 
     Protection should continue to focus on methamphetamine in its 
     reporting and analysis of trade flows to prevent the spread 
     of methamphetamine throughout the United States.
       Sec. 567. Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Appropriations a report 
     addressing the compliance by the Department of Homeland 
     Security with the recommendations set forth in the July 6, 
     2006, Inspector General of Homeland Security report entitled 
     ``Progress in Developing the National Asset Database''. The 
     report shall include the status of the prioritization of 
     assets by the Department of Homeland Security into high-
     value, medium-value, and low-value asset tiers, and how such 
     tiers will be used by the Secretary of Homeland Security in 
     the issuance of grant funds.
       Sec. 568. (a) Not later than 60 days after the initiation 
     of any contract relating to the Secure Border Initiative that 
     is valued at more than $20,000,000, and upon the conclusion 
     of the performance of such contract, the Inspector General of 
     the Department of Homeland Security shall review each action 
     relating to such contract to determine whether such action 
     fully complies with applicable cost requirements, performance 
     objectives, program milestones, inclusion of small, minority-
     owned, and women-owned businesses, and time lines.

[[Page S7643]]

       (b) If a contract review under subsection (a) uncovers 
     information regarding improper conduct or wrongdoing, the 
     Inspector General shall, as expeditiously as practicable, 
     submit such information to the Secretary of Homeland 
     Security, or to another appropriate official of the 
     Department of Homeland Security, who shall determine if the 
     contractor should be suspended from further participation in 
     the Secure Border Initiative.
       (c) Upon the completion of each review under subsection 
     (a), the Inspector General shall submit a report to the 
     Secretary that contains the findings of the review, including 
     findings regarding--
       (1) cost overruns;
       (2) significant delays in contract execution;
       (3) lack of rigorous departmental contract management;
       (4) insufficient departmental financial oversight;
       (5) contract bundling that limits the ability of small 
     businesses to compete; or
       (6) other high risk business practices.
       (d)(1) Not later than 30 days after the receipt of each 
     report submitted under subsection (c), the Secretary shall 
     submit a report to the congressional committees listed in 
     paragraph (3) that describes--
       (A) the findings of the report received from the Inspector 
     General; and
       (B) the steps the Secretary has taken, or plans to take, to 
     address the problems identified in the report.
       (2) Not later than 60 days after the initiation of each 
     contract action with a company whose headquarters is outside 
     of the United States, the Secretary shall submit a report 
     regarding the Secure Border Initiative to the congressional 
     committees listed in paragraph (3).
       (3) The congressional committees listed in this paragraph 
     are--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Appropriations of the House of 
     Representatives;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on the Judiciary of the House of 
     Representatives;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (F) the Committee on Homeland Security of the House of 
     Representatives.
       Sec. 569. Of the amount appropriated by title VI for 
     Customs and Border Protection for Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement, such 
     funds as are necessary may be available for the establishment 
     of the final Northern border air wing site in Michigan.
       Sec. 570. None of the funds appropriated by this Act shall 
     be used for the seizure of a firearm based on the existence 
     of a declaration or state of emergency.
       Sec. 571. Pilot Integrated Scanning System. (a) 
     Designations.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     (referred to in this section as the ``Secretary'') shall 
     designate 3 foreign seaports through which containers pass or 
     are transshipped to the United States to pilot an integrated 
     scanning system that couples nonintrusive imaging equipment 
     and radiation detection equipment, which may be provided by 
     the Megaports Initiative of the Department of Energy. In 
     making designations under this subsection, the Secretary 
     shall consider 3 distinct ports with unique features and 
     differing levels of trade volume.
       (2) Collaboration and cooperation.--The Secretary shall 
     collaborate with the Secretary of Energy and cooperate with 
     the private sector and host foreign government to implement 
     the pilot program under this subsection.
       (b) Implementation.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary shall achieve a 
     full-scale implementation of the pilot integrated screening 
     system, which shall--
       (1) scan all containers destined for the United States that 
     transit through the terminal;
       (2) electronically transmit the images and information to 
     the container security initiative personnel in the host 
     country and/or Customs and Border Protection personnel in the 
     United States for evaluation and analysis;
       (3) resolve every radiation alarm according to established 
     Department procedures;
       (4) utilize the information collected to enhance the 
     Automated Targeting System or other relevant programs; and
       (5) store the information for later retrieval and analysis.
       (c) Report.--Not later than 120 days after achieving full-
     scale implementation under subsection (b), the Secretary, in 
     consultation with the Secretary of Energy and the Secretary 
     of State, shall submit a report, to the appropriate 
     congressional committees, that includes--
       (1) an evaluation of the lessons derived from the pilot 
     program implemented under this section;
       (2) an analysis of the efficacy of the Automated Targeted 
     System or other relevant programs in utilizing the images 
     captured to examine high-risk containers;
       (3) an evaluation of software that is capable of 
     automatically identifying potential anomalies in scanned 
     containers; and
       (4) a plan and schedule to expand the integrated scanning 
     system developed under this section to other container 
     security initiative ports.
       (d) Implementation.--As soon as practicable and possible 
     after the date of enactment of this Act, an integrated 
     scanning system shall be implemented to scan all containers 
     entering the United States prior to arrival in the United 
     States.
       Sec. 572. Expansion of the National Infrastructure 
     Simulation and Analysis Center.
       (a) Definitions.--In this section:
       (1) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in section 
     1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
       (2) Emergency and major disaster.--The terms ``emergency'' 
     and ``major disaster'' have the meanings given the terms in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122).
       (3) National infrastructure simulation and analysis 
     center.--The term ``National Infrastructure Simulation and 
     Analysis Center'' means the National Infrastructure 
     Simulation and Analysis Center established under section 
     1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
       (4) Protect.--The term ``protect'' means to reduce the 
     vulnerability of critical infrastructure in order to deter, 
     mitigate, or neutralize an emergency, natural disaster, 
     terrorist attack, or other catastrophic event.
       (b) Authority.--
       (1) In general.--The National Infrastructure Simulation and 
     Analysis Center shall serve as a source of national 
     competence to address critical infrastructure protection and 
     continuity through support for activities related to--
       (A) counterterrorism, threat assessment, and risk 
     mitigation; and
       (B) an emergency, natural disaster, terrorist attack, or 
     other catastrophic event.
       (2) Infrastructure modeling.--
       (A) Particular support.--The support provided under 
     paragraph (1) shall include modeling, simulation, and 
     analysis of the systems comprising critical infrastructure, 
     in order to enhance critical infrastructure preparedness, 
     protection, response, and recovery activities.
       (B) Relationship with other agencies.--Each Federal agency 
     and department with critical infrastructure responsibilities 
     under Homeland Security Presidential Directive 7, or any 
     successor to such directive, shall establish a formal 
     relationship, including an agreement regarding information 
     sharing, between the elements of such agency or department 
     and the National Infrastructure Simulation and Analysis 
     Center.
       (C) Purpose.--
       (i) In general.--The purpose of the relationship under 
     subparagraph (B) shall be to permit each Federal agency and 
     department described in subparagraph (B) to take full 
     advantage of the capabilities of the National Infrastructure 
     Simulation and Analysis Center consistent with its workload 
     capacity and priorities (particularly vulnerability and 
     consequence analysis) for real-time response to reported and 
     projected emergencies, natural disasters, terrorist attacks, 
     or other catastrophic events.
       (ii) Recipient of certain support.--Modeling, simulation, 
     and analysis provided under this subsection shall be provided 
     to relevant Federal agencies and departments, including 
     Federal agencies and departments with critical infrastructure 
     responsibilities under Homeland Security Presidential 
     Directive 7, or any successor to such directive.
       Sec. 573. Notwithstanding any other provisions of law, the 
     Secretary of Homeland Security shall consult with National 
     Council on Radiation Protection and Measurements (in this 
     section referred to as the ``NCRP'') and other qualified 
     organizations and government organizations in preparing 
     guidance and recommendations for emergency responders, to 
     assist recovery operations, and to protect the general public 
     with respect to radiological terrorism, threats, and events.
       Sec. 574. The Comptroller General shall provide a report to 
     the Senate and House Committees on Appropriations no later 
     than thirty days after enactment describing the impact on 
     public safety and on the effectiveness of screening 
     operations resulting from the modification of the list of 
     items prohibited from being carried aboard a passenger 
     aircraft operated by an air carrier or foreign air carrier in 
     air transportation or intrastate air transportation set forth 
     in section 1540 of title 49, Code of Federal Regulations, as 
     of December 1, 2005, to be carried aboard a passenger 
     aircraft.

                                TITLE VI

              BORDER SECURITY INFRASTRUCTURE ENHANCEMENTS

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

[[Page S7644]]

       (c) Of the total amount collected pursuant to subsection 
     (a) $85,000,000 shall be made available to United States 
     Citizenship and Immigration Services: Provided, That of the 
     additional amount available, $47,000,000 shall be for 
     Business Transformation and $38,000,000 shall be for Fraud 
     Detection and National Security initiatives.
       (d) Amounts deposited under paragraph (b) shall remain 
     available until expended for the activities and services 
     described in paragraphs (b) and (c).

                               TITLE VII

       SUPPLEMENTAL APPROPRIATIONS FOR PORT SECURITY ENHANCEMENTS

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

                     Customs and Border Protection


                         salaries and expenses

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

                       United States Coast Guard


                           operating expenses

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

              Acquisition, Construction, and Improvements

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

                    Office for Domestic Preparedness


                        state and local programs

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

                               TITLE VIII

              UNITED STATES EMERGENCY MANAGEMENT AUTHORITY

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

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

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

     ``SEC. 501. DEFINITIONS.

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

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

       ``(a) In General.--There is established in the Department 
     the United States Emergency Management Authority, headed by 
     an Administrator.
       ``(b) Mission.--The mission of the Authority is to--
       ``(1) lead the Nation's efforts to prepare for, respond to, 
     recover from, and mitigate the risks of natural and man-made 
     disasters, including catastrophic incidents;
       ``(2) partner with State and local governments and 
     emergency response providers, with other Federal agencies, 
     with the private sector, and with nongovernmental 
     organizations to build a national system of emergency 
     management that can effectively and efficiently utilize the 
     full measure of the Nation's resources to respond to a 
     catastrophic incident or other natural or man-made disaster;
       ``(3) develop a Federal response capability that, when 
     necessary and appropriate, can act effectively, rapidly, and 
     proactively to deliver assistance essential to saving lives 
     or protecting or preserving property or public health and 
     safety in a natural or man-made disaster;
       ``(4) fuse the Department's emergency response, 
     preparedness, recovery, mitigation, and critical 
     infrastructure assets into a new, integrated organization 
     that can effectively confront the challenges of a natural or 
     man-made disaster;
       ``(5) develop and maintain robust Regional Offices that 
     will work with State and local governments and emergency 
     response providers to identify and address regional 
     priorities;
       ``(6) under the leadership of the Secretary, coordinate 
     with the Commandant of the Coast Guard, the Director of 
     Customs and Border Protection, the Director of Immigration 
     and Customs Enforcement, the National Operations Center, and 
     other agencies and offices in the Department to take full 
     advantage of the substantial range of resources in the 
     Department that can be brought to bear in preparing for and 
     responding to a natural or man-made disaster;
       ``(7) carry out the provisions of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.);
       ``(8) provide funding, training, exercises, technical 
     assistance, planning, and other assistance, to build local, 
     State, regional, and national capabilities, including 
     communications capabilities, necessary to respond to a 
     potential natural or man-made disaster;
       ``(9) implement an all-hazards-plus strategy for 
     preparedness that places priority on building those common 
     capabilities necessary to respond to both terrorist attacks 
     and natural disasters while also building the unique 
     capabilities necessary to respond to specific types of 
     incidents that pose the greatest risk to our Nation; and
       ``(10) promote, plan for, and facilitate the security and 
     resiliency of critical infrastructure and key resources, 
     including cyber infrastructure, against a natural or man-made 
     disaster, and the post-disaster restoration of such critical 
     infrastructure and key resources.
       ``(c) Administrator.--
       ``(1) In general.--The Administrator shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(2) Qualifications.--The Administrator shall have not 
     less than 5 years of executive leadership and management 
     experience in the public or private sector, significant 
     experience in crisis management or another relevant field, 
     and a demonstrated ability to manage a substantial staff and 
     budget.
       ``(3) Reporting.--The Administrator shall report to the 
     Secretary, without being required to report through any other 
     official of the Department.
       ``(4) Principal advisor on emergency preparedness and 
     response.--
       ``(A) In general.--The Administrator is the principal 
     emergency preparedness and response advisor to the President, 
     the Homeland Security Council, and the Secretary.
       ``(B) Advice and recommendations.--
       ``(i) In general.--In presenting advice with respect to any 
     matter to the President, the Homeland Security Council, or 
     the Secretary, the Administrator shall, as the Administrator 
     considers appropriate, inform the President, the Homeland 
     Security Council, or the Secretary, as the case may be, of 
     the range of emergency mitigation, preparedness, response, 
     and recovery options with respect to that matter.
       ``(ii) Advice on request.--The Administrator, as an 
     emergency preparedness and response advisor, shall provide 
     advice to the President, the Homeland Security Council, or 
     the Secretary on a particular matter when the President, the 
     Homeland Security Council, or the Secretary requests such 
     advice.
       ``(iii) Recommendations to congress.--After informing the 
     Secretary, the Administrator may

[[Page S7645]]

     make such recommendations to Congress relating to emergency 
     preparedness and response as the Administrator considers 
     appropriate.
       ``(C) Retention of authority.--Nothing in this paragraph 
     shall be construed as affecting the authority of the 
     Secretary under this Act.

     ``SEC. 503. AUTHORITIES AND RESPONSIBILITIES.

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

     ``SEC. 504. AUTHORITY COMPONENTS.

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

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

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

     ``SEC. 506. DIRECTORS.

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

     ``SEC. 507. REGIONAL OFFICES.

       ``(a) In General.--
       ``(1) Regional offices.--The Administrator shall establish 
     10 Regional Offices of the Authority.
       ``(2) Additional office.--In addition to the Regional 
     Offices established under paragraph (1), the Administrator 
     may designate the Office for National Capital Region 
     Coordination under section 882 as a Regional Office.
       ``(b) Management of Regional Offices.--
       ``(1) Regional administrator.--Each Regional Office shall 
     be headed by a Regional Administrator for Preparedness and 
     Response, who shall be appointed by the Administrator. Each 
     Regional Administrator for Emergency Preparedness and 
     Response shall report directly to the Administrator.
       ``(2) Qualifications.--Each Regional Office shall be headed 
     by an individual in the Senior Executive Service qualified to 
     act as a senior Federal coordinating officer to provide 
     strategic oversight of incident management when needed.
       ``(c) Responsibilities.--
       ``(1) In general.--The Regional Administrator shall work in 
     partnership with State and local governments, emergency 
     managers, emergency response providers, medical providers, 
     the private sector, nongovernmental organizations, 
     multijurisdictional councils of governments, and regional 
     planning commissions and organizations in the geographical 
     area served by the Regional Office to carry out the 
     responsibilities of a Regional Administrator under this 
     section.

[[Page S7646]]

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

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

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

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

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

     ``SEC. 510. NATIONAL OPERATIONS CENTER.

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

     ``SEC. 511. CHIEF MEDICAL OFFICER.

       ``(a) In General.--There is in the Authority a Chief 
     Medical Officer, who shall be appointed by the President, by 
     and with the advice and consent of the Senate. The Chief 
     Medical Officer shall report directly to the Administrator.
       ``(b) Qualifications.--The individual appointed as Chief 
     Medical Officer shall possess a demonstrated ability in and 
     knowledge of medicine and public health.
       ``(c) Responsibilities.--The Chief Medical Officer shall 
     have the primary responsibility within the Department for 
     medical issues related to natural and man-made disasters, 
     including--
       ``(1) serving as the principal advisor to the Secretary and 
     the Administrator on medical and public health issues;
       ``(2) coordinating the biosurveillance and detection 
     activities of the Department;
       ``(3) ensuring internal and external coordination of all 
     medical preparedness and response

[[Page S7647]]

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

     ``SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS.

       ``The Administrator shall promote public and community 
     preparedness.

     ``SEC. 513. SAVER PROGRAM.

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

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

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

     ``SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM.

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

     ``SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.

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

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

       ``(a) Establishment.--There is established in the 
     Department an Office for the Prevention of Terrorism, which 
     shall be headed by a Director.
       ``(b) Director.--
       ``(1) Reporting.--The Director of the Office for the 
     Prevention of Terrorism shall report directly to the 
     Secretary.
       ``(2) Qualifications.--The Director of the Office for the 
     Prevention of Terrorism shall have an appropriate background 
     with experience in law enforcement, intelligence, or other 
     anti-terrorist functions.
       ``(c) Assignment of Personnel.--
       ``(1) In general.--The Secretary shall assign to the Office 
     for the Prevention of Terrorism permanent staff and other 
     appropriate personnel detailed from other components of the 
     Department to carry out the responsibilities under this 
     section.
       ``(2) Liaisons.--The Secretary shall designate senior 
     employees from each component of the Department that has 
     significant antiterrorism responsibilities to act a liaison 
     between that component and the Office for the Prevention of 
     Terrorism.
       ``(d) Responsibilities.--The Director of the Office for the 
     Prevention of Terrorism shall--
       ``(1) coordinate policy and operations between the 
     Department and State and local government agencies relating 
     to preventing acts of terrorism within the United States;
       ``(2) serve as a liaison between State and local law 
     enforcement agencies and the Department;
       ``(3) in coordination with the Office of Intelligence, 
     develop better methods for the sharing of intelligence with 
     State and local law enforcement agencies;
       ``(4) work with the Assistant Secretary of the Office of 
     Grants and Training to ensure that

[[Page S7648]]

     homeland security grants to State and local agencies, 
     including the Law Enforcement Terrorism Prevention Program, 
     Commercial Equipment Direct Assistance Program, grants for 
     fusion centers, and other law enforcement programs are 
     adequately focused on terrorism prevention activities; and
       ``(5) coordinate with the Authority, the Department of 
     Justice, the National Institute of Justice, law enforcement 
     organizations, and other appropriate entities to develop 
     national voluntary consensus standards for training and 
     personal protective equipment to be used in a tactical 
     environment by law enforcement officers.
       ``(e) Pilot Project.--
       ``(1) In general.--The Director of the Office for the 
     Prevention of Terrorism, in coordination with the Director 
     for Response, shall establish a pilot project to determine 
     the efficacy and feasibility of establishing law enforcement 
     deployment teams.
       ``(2) Function.--The law enforcement deployment teams 
     participating in the pilot program under this subsection 
     shall form the basis of a national network of standardized 
     law enforcement resources to assist State and local 
     governments in responding to a natural or man-made disaster.
       ``(f) Construction.--Nothing in this section may be 
     construed to affect the roles or responsibilities of the 
     Department of Justice.

     ``SEC. 518. DEPARTMENT OFFICIALS.

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

     ``SEC. 519. CREDENTIALING.

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

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

       ``(a) Definitions.--In this section--
       ``(1) the term `typed' means an asset or resource has been 
     evaluated for a specific function under the guidelines 
     created under this section; and
       ``(2) the term `typing' means to define in detail the 
     minimum capabilities of an asset or resource.
       ``(b) Requirements.--
       ``(1) In general.--The Administrator shall enter into a 
     memorandum of understanding to collaborate with the Emergency 
     Management Assistance Compact and other organizations to 
     establish, in consultation with the Authority, nationwide 
     standards for typing of resources and assets commonly or 
     likely to be used in responding to an emergency or major 
     disaster.
       ``(2) Contents.--The standards developed under paragraph 
     (1) shall--
       ``(A) be applicable to Federal, State and local government; 
     and
       ``(B) be compatible with the National Incident Management 
     System.
       ``(c) Typing of Department Resources.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall ensure that all resources and assets of the Department 
     that are likely to be used to respond to an emergency or 
     major disaster are typed.
       ``(d) Integration With National Response Plan.--
       ``(1) Distribution of standards.--Not later than 6 months 
     after the date of enactment of this Act, the Administrator of 
     the Authority shall provide the standards developed under 
     subsection (b) to all Federal agencies that have 
     responsibilities under the National Response Plan.
       ``(2) Typing of agencies, assets, and resources.--Not later 
     than 180 days after the date on which the standards are 
     provided under paragraph (1), each agency described in 
     paragraph (1) shall--
       ``(A) ensure that all resources and assets (including 
     teams, equipment, and other assets) of that agency that are 
     likely to be used to respond to an emergency or major 
     disaster are typed; and
       ``(B) submit to the Secretary a list of all typed resources 
     and assets
       ``(3) Leadership.--The Administrator shall provide 
     leadership, guidance, and technical assistance to an agency 
     described in paragraph (1) to facilitate the typing process 
     of that agency.
       ``(e) Documentation and Database System.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall establish and 
     maintain a documentation and database system of Federal 
     resources and assets likely to be used to respond to an 
     emergency or major disaster.
       ``(2) Accessibility.--The documentation and database system 
     established under paragraph (1) shall be accessible to the 
     Federal coordinating officer and other appropriate officials 
     preparing for or responding to an emergency or major 
     disaster.
       ``(f) Guidance to State and Local Governments.--Not later 
     than 6 months after the date of enactment of this Act, the 
     Administrator of the Authority, in collaboration with the 
     Emergency Management Assistance Compact, shall--
       ``(1) provide detailed written guidance, assistance, and 
     expertise to State and local governments to facilitate the 
     typing of the resources and assets of State and local 
     governments likely to be used in responding to an emergency 
     or major disaster; and
       ``(2) assist State and local governments with typing the 
     resources and assets of the State or local governments under 
     the guidance provided under paragraph (1).
       ``(g) Grants.--The Secretary may make grants to the party 
     states of the Emergency Management Assistance Compact to 
     develop and maintain a database of typed resources and assets 
     of State and local governments.
       ``(h) Report.--Not later than 6 months after the date of 
     enactment of this Act and annually thereafter, the 
     Administrator shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee

[[Page S7649]]

     on Homeland Security of the House of Representatives a report 
     describing the implementation of this section, including the 
     number and type of Federal resources and assets ready to 
     respond to an emergency or major disaster.''.
       Sec. 803. Conforming Amendments. (a) Executive Schedule.--
       (1) Administrator.--Section 5313 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``Administrator of the United States Emergency Management 
     Authority.''.
       (2) Directors.--Section 5314 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``Directors, United States Emergency Management 
     Authority.''.
       (3) FEMA officers.--
       (A) Federal insurance administrator.--Section 5315 of title 
     5, United States Code, is amended by striking ``Federal 
     Insurance Administrator, Federal Emergency Management 
     Agency.'' and inserting ``Federal Insurance Administrator, 
     United States Emergency Management Agency.''.
       (B) Inspector general.--Section 5315 of title 5, United 
     States Code, is amended by striking ``Inspector General, 
     Federal Emergency Management Agency.'' and inserting 
     ``Inspector General, United States Emergency Management 
     Agency.''.
       (C) Chief information officer.--Section 5315 of title 5, 
     United States Code, is amended by striking ``Chief 
     Information Officer, Federal Emergency Management Agency.'' 
     and inserting ``Chief Information Officer, United States 
     Emergency Management Agency.''.
       (b) Officers of the Department.--Section 103(a) of the 
     Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
       (1) by striking paragraph (5) and inserting the following:
       ``(5) An Administrator of the United States Emergency 
     Management Authority.'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraphs (3) through (10) (as 
     amended by this subsection) as paragraphs (2) through (9), 
     respectively.
       (c) References.--Any reference to the Federal Emergency 
     Management Agency, or the Director thereof, in any law, rule, 
     regulation, certificate, directive, instruction, or other 
     official paper in force on the effective date of this title 
     shall be considered to refer and apply to the United States 
     Emergency Management Authority and the Administrator thereof, 
     respectively.
       (d) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.) is amended by striking the items relating to title V 
     and sections 501 through 509 and inserting the following:

             ``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE

``Sec. 501. Definitions.
``Sec. 502. United States Emergency Management Authority.
``Sec. 503. Authorities and responsibilities.
``Sec. 504. Authority components.
``Sec. 505. Preserving the United States Emergency Management 
              Authority.
``Sec. 506. Directors.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council on Emergency Preparedness and 
              Response.
``Sec. 509. National Incident Management System Integration Center.
``Sec. 510. National Operations Center.
``Sec. 511. Chief Medical Officer.
``Sec. 512. Public and community preparedness.
``Sec. 513. SAVER Program.
``Sec. 514. National Search and Rescue Response System.
``Sec. 515. Metropolitan Medical Response System.
``Sec. 516. Emergency Management Assistance Compact.
``Sec. 517. Office for the Prevention of Terrorism.
``Sec. 518. Department officials.
``Sec. 519. Credentialing.
``Sec. 520. Typing of resources and assets.
``Sec. 521. Nuclear incident response.
``Sec. 522. Conduct of certain public health-related activities.
``Sec. 523. Use of national private sector networks in emergency 
              response.
``Sec. 524. Use of commercially available technology, goods, and 
              services.
``Sec. 525. Procurement of security countermeasures for strategic 
              national stockpile.
``Sec. 526. Urban and other high risk area communications 
              capabilities.''.

       Sec. 804. Authorization of Appropriations.
       There are authorized to be appropriated such sums as are 
     necessary to carry out this title and the amendments made by 
     this title.
       Sec. 805. Effective Date.
       This title, and the amendments made by this title, shall 
     take effect on January 1, 2007.

                                TITLE IX

                   BORDER LAW ENFORCEMENT RELIEF ACT

       Sec. 901. Short Title.
       This title may be cited as the ``Border Law Enforcement 
     Relief Act of 2006''.
       Sec. 902. Findings.
       Congress finds the following:
       (1) It is the obligation of the Federal Government of the 
     United States to adequately secure the Nation's borders and 
     prevent the flow of undocumented persons and illegal drugs 
     into the United States.
       (2) Despite the fact that the United States Border Patrol 
     apprehends over 1,000,000 people each year trying to 
     illegally enter the United States, according to the 
     Congressional Research Service, the net growth in the number 
     of unauthorized aliens has increased by approximately 500,000 
     each year. The Southwest border accounts for approximately 94 
     percent of all migrant apprehensions each year. Currently, 
     there are an estimated 11,000,000 unauthorized aliens in the 
     United States.
       (3) The border region is also a major corridor for the 
     shipment of drugs. According to the El Paso Intelligence 
     Center, 65 percent of the narcotics that are sold in the 
     markets of the United States enter the country through the 
     Southwest Border.
       (4) Border communities continue to incur significant costs 
     due to the lack of adequate border security. A 2001 study by 
     the United States-Mexico Border Counties Coalition found that 
     law enforcement and criminal justice expenses associated with 
     illegal immigration exceed $89,000,000 annually for the 
     Southwest border counties.
       (5) In August 2005, the States of New Mexico and Arizona 
     declared states of emergency in order to provide local law 
     enforcement immediate assistance in addressing criminal 
     activity along the Southwest border.
       (6) While the Federal Government provides States and 
     localities assistance in covering costs related to the 
     detention of certain criminal aliens and the prosecution of 
     Federal drug cases, local law enforcement along the border 
     are provided no assistance in covering such expenses and must 
     use their limited resources to combat drug trafficking, human 
     smuggling, kidnappings, the destruction of private property, 
     and other border-related crimes.
       (7) The United States shares 5,525 miles of border with 
     Canada and 1,989 miles with Mexico. Many of the local law 
     enforcement agencies located along the border are small, 
     rural departments charged with patrolling large areas of 
     land. Counties along the Southwest United States-Mexico 
     border are some of the poorest in the country and lack the 
     financial resources to cover the additional costs associated 
     with illegal immigration, drug trafficking, and other border-
     related crimes.
       (8) Federal assistance is required to help local law 
     enforcement operating along the border address the unique 
     challenges that arise as a result of their proximity to an 
     international border and the lack of overall border security 
     in the region.
       Sec. 903. Border Relief Grant Program. (a) Grants 
     Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2007 through 2011.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.

[[Page S7650]]

       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2007 through 2011 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this title.
       Sec. 904. Enforcement of Federal Immigration Law.
       Nothing in this title shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2007''.

                          ____________________