[Congressional Record Volume 152, Number 124 (Thursday, September 28, 2006)]
[House]
[Pages H7784-H7848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONFERENCE REPORT ON H.R. 5441, DEPARTMENT OF HOMELAND SECURITY 
                        APPROPRIATIONS ACT, 2007

  Mr. ROGERS of Kentucky submitted the following conference report and 
statement on the bill (H.R. 5441) making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2007, and for other purposes:

              Conference Report (House Rept. No. 109-699)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     5441) ``making appropriations for the Department of Homeland 
     Security for the fiscal year ending September 30, 2007, and 
     for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

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

                                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, $94,470,000: Provided, That not to exceed 
     $40,000 shall be for official reception and representation 
     expenses: Provided further, That of the funds provided under 
     this heading, $5,000,000 shall not be available for 
     obligation until the Secretary of Homeland Security submits a 
     comprehensive port, container, and cargo security strategic 
     plan to the Committees on Appropriations of the Senate and 
     the House of Representatives; the Committee on Homeland 
     Security of the House of Representatives; the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate that requires screening all inbound cargo, doubles the 
     percentage of inbound cargo

[[Page H7785]]

     currently inspected, sets minimum standards for securing 
     inbound cargo, and includes the fiscal year 2007 performance 
     requirements for port, container, and cargo security as 
     specified in the joint explainatory statement accompanying 
     this Act: Provided further, That of the funds provided under 
     this heading, $10,000,000 shall not be available for 
     obligation until the Secretary submits the Secure Border 
     Initiative multi-year strategic plan to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, and the Committees on 
     the Judiciary of the Senate and the House of Representatives 
     no later than December 1, 2006, that includes: a 
     comprehensive mission statement, an identification of long-
     term goals, an explanation of how long-term goals will be 
     achieved, schedule and resource requirements for goal 
     achievement, an identification of annual performance goals 
     and how they link to long-term goals, an identification of 
     annual performance measures used to gauge effectiveness 
     towards goal achievement by goal, and an identification of 
     major capital assets critical to program success.

              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), 
     $153,640,000: 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), $26,000,000.

                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, $349,013,000; of which 
     $79,521,000 shall be available for salaries and expenses; and 
     of which $269,492,000 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.), 
     $299,663,000, to remain available until September 30, 2008, 
     of which not to exceed $5,000 shall be for official reception 
     and representation expenses.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

       For necessary expenses of the Office of the Federal 
     Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided, 
     That $1,000,000 shall not be available for obligation until 
     the Committees on Appropriations of the Senate and the House 
     of Representatives receive an expenditure plan for fiscal 
     year 2007.

                      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.), $85,185,000, 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, 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 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 Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), $362,494,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $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;
       (6) is reviewed by the Government Accountability Office;
       (7) includes a comprehensive strategic plan for the United 
     States Visitor and Immigrant Status Indicator Technology 
     project; and
       (8) includes a complete schedule for the full 
     implementation of a biometric exit program.

              United States 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; $5,562,186,000; of 
     which $379,602,000 shall be used to hire additional border 
     patrol agents, of which $93,000,000 shall be available until 
     September 30, 2008; of which $3,026,000 shall be derived from 
     the Harbor Maintenance Trust Fund for administrative expenses 
     related to the collection of the Harbor Maintenance Fee 
     pursuant to section 9505(c)(3) of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
     1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
     551(e)(1)); of which not to exceed $45,000 shall be for 
     official reception and representation expenses; of which not 
     less than $175,796,000 shall be for Air and Marine 
     Operations; of which such sums as become available in the 
     Customs User Fee Account, except sums subject to section 
     13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that 
     account; of which not to exceed $150,000 shall be available 
     for payment for rental space in connection with preclearance 
     operations; and of which not to exceed $1,000,000 shall be 
     for awards of compensation to informants, to be accounted for 
     solely under the certificate of the Secretary of Homeland 
     Security: Provided, That of the amount provided under this 
     heading, $100,000,000 of inspection and detection technology 
     investments funding is designated as described in section 520 
     of this Act: Provided further, 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, $451,440,000, to remain available until expended, of 
     which not less than $316,800,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That of 
     the total amount made available under this heading, 
     $216,800,000 may not be obligated for the Automated 
     Commercial Environment until the Committees on Appropriations 
     of the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that--
       (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

[[Page H7786]]

     Board, the Secretary of Homeland Security, and the Office of 
     Management and Budget; and
       (6) is reviewed by the Government Accountability Office.


        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

       For expenses for customs and border protection fencing, 
     infrastructure, and technology, $1,187,565,000, to remain 
     available until expended: Provided, That of the amount 
     provided under this heading, $1,159,200,000 is designated as 
     described in section 520 of this Act: Provided further, That 
     of the amount provided under this heading, $950,000,000 shall 
     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 and submitted within 60 days after the date 
     of enactment of this Act, to establish a security barrier 
     along the border of the United States of fencing and vehicle 
     barriers, where practicable, and other forms of tactical 
     infrastructure and technology, that--
       (1) defines activities, milestones, and costs for 
     implementing the program;
       (2) demonstrates how activities will further the goals and 
     objectives of the Secure Border Initiative (SBI), as defined 
     in the SBI multi-year strategic plan;
       (3) identifies funding and the organization staffing 
     (including full-time equivalents, contractors, and detailees) 
     requirements by activity;
       (4) reports on costs incurred, the activities completed, 
     and the progress made by the program in terms of obtaining 
     operational control of the entire border of the United 
     States;
       (5) includes a certification by the Chief Procurement 
     Officer of the Department of Homeland Security that 
     procedures to prevent conflicts of interest between the prime 
     integrator and major subcontractors are established and 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;
       (6) complies with all applicable acquisition rules, 
     requirements, guidelines, and best systems acquisition 
     management practices of the Federal Government;
       (7) complies with the capital planning and investment 
     control review requirements established by the Office of 
     Management and Budget, including Circular A-11, part 7;
       (8) 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
       (9) is reviewed by the Government Accountability Office.


 air and marine interdiction, operations, maintenance, and procurement

       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, $602,187,000, to remain available until 
     expended: Provided, That of the amount provided under this 
     heading, $232,000,000 of procurement is designated as 
     described in section 520 of this Act: Provided further, 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.


                              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, $232,978,000, to remain available 
     until expended: Provided, That of the amount provided under 
     this heading, $110,000,000 is designated as described in 
     section 520 of this Act.

                  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 3,790 (2,350 for replacement 
     only) police-type vehicles; $3,887,000,000, 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 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.


                       federal protective service

       The revenues and collections of security fees credited to 
     this account 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: Provided, That the Secretary submit a 
     report, approved by the Office of Management and Budget, 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives no later than November 1, 2006, 
     demonstrating how the operations of the Federal Protective 
     Service will be fully funded in fiscal year 2007 through 
     revenues and collection of security fees.


                        automation modernization

       For expenses of immigration and customs enforcement 
     automated systems, $15,000,000, to remain available until 
     expended: Provided, That of the funds made available under 
     this heading, $13,000,000 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, $56,281,000, to remain available 
     until expended: Provided, That of the amount provided under 
     this heading, $30,000,000 is designated as described in 
     section 520 of this Act.

                 Transportation Security Administration

                           aviation security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $4,731,814,000, 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 
     $3,768,266,000 shall be for screening operations, of which 
     $141,400,000 shall be available only for procurement of 
     checked baggage explosive detection systems and $138,000,000 
     shall be available only for installation of checked baggage 
     explosive detection systems; and not to exceed $963,548,000 
     shall be for aviation security direction and enforcement: 
     Provided further, That of the funds appropriated under this 
     heading, $5,000,000 shall not be obligated until the 
     Secretary of Homeland Security submits to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a detailed 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 $2,311,814,000: Provided 
     further, That any security service fees collected in 
     excess of the amount made available under this heading 
     shall become available during fiscal year 2008: Provided 
     further, That notwithstanding section 44923 of title 49, 
     United States Code, the share of the cost of the Federal 
     Government for a project under any letter of intent shall 
     be 75 percent for any medium or large hub airport and not 
     more than 90 percent for any other airport, and all 
     funding provided by section 44923(h) of title 49, United 
     States Code, or from appropriations authorized under 
     section 44923(i)(1) of title 49, United States Code, may 
     be distributed in any manner deemed necessary to ensure 
     aviation security and to fulfill the Government's planned 
     cost share under existing letters of intent: Provided 
     further, That by December 1, 2006, the Transportation 
     Security Administration shall submit a detailed air cargo 
     security action plan addressing each of the 
     recommendations contained in the 2005 Government 
     Accountability

[[Page H7787]]

     Office Report (GAO-06-76) on domestic air cargo security 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives; the Committee on Homeland 
     Security of the House of Representatives; the Committee on 
     Homeland Security and Governmental Affairs of the Senate; 
     and the Committee on Commerce, Science, and Transportation 
     of the Senate: 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 those purposes: 
     Provided further, That none of the funds in this Act shall 
     be used to recruit or hire personnel into the 
     Transportation Security Administration which would cause 
     the agency to exceed a staffing level of 45,000 full-time 
     equivalent screeners.


                    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, 
     $39,700,000, to remain available until September 30, 2008.

                    transportation security support

       For necessary expenses of the Transportation Security 
     Administration related to providing transportation security 
     support and intelligence pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597; 49 U.S.C. 40101 note), $525,283,000, to remain available 
     until September 30, 2008: Provided, That of the funds 
     appropriated under this heading, $5,000,000 may not be 
     obligated until the Secretary of Homeland Security submits to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a detailed expenditure plan for explosive 
     detection systems refurbishment, procurement, and 
     installations on an airport-by-airport basis for fiscal year 
     2007: Provided further, That this plan shall be submitted no 
     later than 60 days after the date of enactment of this Act.


                          federal air marshals

       For necessary expenses of the Federal Air Marshals, 
     $714,294,000.

                       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 
     pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
     note; 96 Stat. 1920); and recreation and welfare; 
     $5,477,657,000, 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: Provided 
     further, That not to exceed five percent of this 
     appropriation may be transferred to the ``Acquisition, 
     Construction, and Improvements'' appropriation for personnel 
     compensation and benefits and related costs to adjust 
     personnel assignment to accelerate management and oversight 
     of new or existing projects without detrimentally affecting 
     the management and oversight of other projects: Provided 
     further, That the amount made available for ``Personnel, 
     Compensation, and Benefits'' in the ``Acquisition, 
     Construction, and Improvements'' appropriation shall not be 
     increased by more than 10 percent by such transfers: Provided 
     further, That the Committees on Appropriations of the Senate 
     and the House of Representatives shall be notified of each 
     transfer within 30 days after it is executed by the Treasury.


                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; $122,448,000.

              acquisition, construction, and improvements

       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; 
     $1,330,245,000, 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 $26,550,000 shall be available 
     until September 30, 2011, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $15,000,000 shall be available until September 30, 2011, to 
     increase aviation capability; of which $119,823,000 shall be 
     available until September 30, 2009, for other equipment; of 
     which $22,000,000 shall be available until September 30, 
     2009, for shore facilities and aids to navigation facilities; 
     of which $81,000,000 shall be available for personnel 
     compensation and benefits and related costs; and of which 
     $1,065,872,000 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; a 
     description of how the Coast Guard is planning for the 
     human resource needs of Deepwater assets; a description of 
     the competitive process conducted in all contracts and 
     subcontracts exceeding $5,000,000 within the Deepwater 
     program; and the earned value management system gold card 
     data for each Deepwater asset: Provided further, That the 
     Secretary shall submit to the Committees on Appropriations 
     of the Senate and the House of Representatives a 
     comprehensive review of the Revised Deepwater 
     Implementation Plan every five years, beginning in fiscal 
     year 2011, that includes a complete projection of the 
     acquisition costs and schedule for the duration of the 
     plan through fiscal year 2027: Provided further, That the 
     Secretary shall annually submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget 
     is submitted under section 1105(a) of title 31, United 
     States Code, a future-years capital investment plan for 
     the Coast Guard that identifies for each capital budget 
     line item--
       (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: Provided further, That of 
     the amount provided under this heading, $175,800,000 is 
     designated as described in section 520 of this Act.


                         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), $16,000,000, 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; $17,000,000, 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

[[Page H7788]]

     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 United States Secret 
     Service employees on protective missions without regard to 
     the limitations on such expenditures in this or any other Act 
     if approval is obtained in advance from the Committees on 
     Appropriations of the Senate and the House of 
     Representatives; research and development; grants to conduct 
     behavioral research in support of protective research and 
     operations; and payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; $961,779,000, 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 up to $18,400,000 for candidate 
     nominee protection shall remain available until September 30, 
     2009: Provided further, That up to $1,000,000 for National 
     Special Security Events shall remain available until 
     expended: Provided further, That of the total amount provided 
     under this heading, $2,000,000 shall not be available for 
     obligation until the Director of the Secret Service submits a 
     comprehensive workload re-balancing report to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives that includes funding and position 
     requirements for current investigative and protective 
     operations: Provided further, That the United States Secret 
     Service is authorized to obligate funds in anticipation of 
     reimbursements from Federal agencies and entities, as defined 
     in section 105 of title 5, United States Code, receiving 
     training sponsored by the James J. Rowley Training Center, 
     except that total obligations at the end of the fiscal 
     year shall not exceed total budgetary resources available 
     under this heading at the end of the fiscal year.


                  INVESTIGATIONS AND FIELD OPERATIONS

       For necessary expenses for investigations and field 
     operations of the United States Secret Service, not otherwise 
     provided for, including costs related to office space and 
     services of expert witnesses at such rate as may be 
     determined by the Director of the Secret Service, 
     $311,154,000; 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: Provided, 
     That of the total amount provided under this heading, 
     $500,000 shall not be available for obligation until the 
     Director of the Secret Service submits a revised master plan 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives for the James J. Rowley Training 
     Center.

                               TITLE III

                       PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                     Management and Administration

       For salaries and expenses of the immediate 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 for purposes of planning, coordination and 
     execution of mass evacuation during a disaster, the Governors 
     of the State of West Virginia and the Commonwealth of 
     Pennsylvania, or their designees, shall be included in 
     efforts to integrate the activities of Federal, State, and 
     local governments in the National Capital Region, as defined 
     in section 882 of Public Law 107-296, the Homeland 
     Security Act of 2002.

                     Office of Grants and Training

                        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, $2,531,000,000, which shall be 
     allocated as follows:
       (1) $525,000,000 for formula-based grants and $375,000,000 
     for law enforcement terrorism prevention grants pursuant to 
     section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): 
     Provided, That the application for grants shall be made 
     available to States within 45 days after the date of 
     enactment of this Act; that States shall submit applications 
     within 90 days after the grant announcement; and the Office 
     of Grants and Training shall act within 90 days after receipt 
     of an application: Provided further, That 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; except in the case of 
     Puerto Rico, where not less than 50 percent of any grant 
     under this paragraph shall be made available to local 
     governments within 60 days after the receipt of the funds.
       (2) $1,229,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $770,000,000 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 made available for assistance to 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 of 
     international terrorist attack under title III of the 
     Department of Homeland Security Appropriations Act, 2006 
     under the heading ``Office for Domestic Preparedness--State 
     and Local Programs'' (Public Law 109-90; 119 Stat. 2075) in 
     paragraph (2)(A): Provided further, That applicants shall 
     identify 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 like organizations when determining 
     risk: Provided further, That the Secretary shall notify the 
     Committees on Appropriations of the Senate and the House of 
     Representatives the high risk or potential high risk to each 
     designated tax exempt grantee at least five full business 
     days in advance of the announcement of any grant award;
       (B) $210,000,000 shall be for port security grants pursuant 
     to the purposes of section 70107(a) through (h) of title 46, 
     United States Code, which shall be awarded based on risk 
     notwithstanding subsection (a), for eligible costs as 
     described in subsections (b)(2) through (4);
       (C) $12,000,000 shall be for trucking industry security 
     grants;
       (D) $12,000,000 shall be for intercity bus security grants;
       (E) $175,000,000 shall be for intercity rail passenger 
     transportation (as defined in section 24102 of title 49, 
     United States Code), freight rail, and transit security 
     grants; and
       (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 of Grants and 
     Training shall act within 90 days after receipt of an 
     application: Provided further,  That no less than 80 percent 
     of any grant under this paragraph to a State shall be made 
     available by the State to local governments within 60 days 
     after the receipt of the funds: 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 of Grants and Training shall act 
     on such applications not later than 60 days after the date on 
     which such an application is received.
       (3) $50,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program.
       (4) $352,000,000 for training, exercises, technical 
     assistance, and other programs:

     Provided, That none of the grants provided under this heading 
     shall be used for the construction or renovation of 
     facilities, except for a minor perimeter security project, 
     not to exceed $1,000,000, as determined necessary by the 
     Secretary of Homeland Security: Provided further, That the 
     preceding proviso shall not apply to grants under 
     subparagraphs (B), (E), and (F) of paragraph (2) of this 
     heading: Provided further, That grantees shall provide 
     additional reports on their use of funds, as determined 
     necessary by the Secretary of Homeland Security: Provided 
     further, That funds appropriated for law enforcement 
     terrorism prevention grants under paragraph (1) of this 
     heading and discretionary grants under paragraph (2)(A) of 
     this heading shall be available for operational costs, to 
     include personnel overtime and overtime associated with the 
     Office of Grants and Training certified training, as needed: 
     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 seven days after 
     the date of enactment of this Act, the Secretary shall 
     provide the Government Accountability Office with the risk 
     methodology and other 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

[[Page H7789]]

     Act of 1974 (15 U.S.C. 2201 et seq.), $662,000,000, of which 
     $547,000,000 shall be available to carry out section 33 of 
     that Act (15 U.S.C. 2229) and $115,000,000, shall be 
     available to carry out section 34 of that Act (15 U.S.C. 
     2229a) to remain available until September 30, 2008: 
     Provided, That not to exceed five 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.), $200,000,000: Provided, That total 
     administrative costs shall not exceed three 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.), $46,849,000.

           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.), $547,633,000, of which $470,633,000 shall 
     remain available until September 30, 2008: Provided, That of 
     the amount made available under this heading, $10,000,000 may 
     not be obligated until the Secretary submits to the 
     Committees on Appropriations of the Senate and House of 
     Representatives the report required in House Report 109-241 
     accompanying the Department of Homeland Security 
     Appropriations Act, 2006 (Public Law 109-90) on Department of 
     Homeland Security 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.

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                 Administrative and Regional Operations

       For necessary expenses for administrative and regional 
     operations, $282,000,000, 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 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, $244,000,000, 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, $25,000,000 shall 
     be for Urban Search and Rescue Teams, of which not to exceed 
     $1,600,000 may be made available for administrative costs.

                         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.), $1,500,000,000, to remain available 
     until expended: Provided, That of the total amount provided, 
     not to exceed $13,500,000 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.

            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 three 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 shall be available from the 
     National Flood Insurance Fund in excess of: (1) $70,000,000 
     for operating expenses; (2) $692,999,000 for commissions and 
     taxes of agents; (3) such sums as are necessary for interest 
     on Treasury borrowings; and (4) $50,000,000 for flood 
     mitigation actions with respect to severe repetitive loss 
     properties under section 1361A of that Act (42 U.S.C. 4102a) 
     and repetitive insurance claims properties under section 1323 
     of that Act (42 U.S.C. 4030), which shall remain available 
     until expended: Provided further, That total administrative 
     costs shall not exceed three 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 Predisaster Mitigation Fund

       For a predisaster mitigation grant program under title II 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5131 et seq.), $100,000,000, to 
     remain available until expended: Provided, That grants made 
     for predisaster mitigation shall be awarded on a competitive 
     basis subject to the criteria in section 203(g) of such Act 
     (42 U.S.C. 5133(g)): Provided further, That total 
     administrative costs shall not exceed three percent of the 
     total appropriation.

                       Emergency Food and Shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $181,990,000, of which $93,500,000 is available 
     until expended: Provided, That $47,000,000 may not be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives receive and approve a 
     strategic transformation plan for United States Citizenship 
     and Immigration Services that has been reviewed and approved 
     by the Secretary of Homeland Security and reviewed by the 
     Government Accountability Office.

                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

[[Page H7790]]

     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $211,033,000, of 
     which up to $43,910,000 for materials and support costs of 
     Federal law enforcement basic training shall remain available 
     until September 30, 2008; of which $300,000 shall remain 
     available until expended for Federal law enforcement agencies 
     participating in training accreditation, to be distributed as 
     determined by the Federal Law Enforcement Training Center for 
     the needs of participating agencies; and of which not to 
     exceed $12,000 shall be for official reception and 
     representation expenses: Provided, That the Center is 
     authorized to obligate funds in anticipation of 
     reimbursements from agencies receiving training sponsored by 
     the Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year: Provided further, 
     That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
     note) is amended by striking ``5 years after the date of the 
     enactment of this Act'' and inserting ``December 31, 2007'', 
     and by striking ``250'' and inserting ``350''.


     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, $64,246,000, to remain available 
     until expended: Provided, That of the amount provided under 
     this heading, $22,000,000 is designated as described in 
     section 520 of this Act: Provided further, 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.), $135,000,000: 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 describe 
     the method utilized to derive administration costs in fiscal 
     year 2006 and the fiscal year 2007 budget request: 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.); and the purchase or lease of not to exceed five 
     vehicles, $838,109,000, to remain available until expended: 
     Provided, That of the amounts made available under this 
     heading, $50,000,000 may not be obligated until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive and approve a report prepared by the 
     Under Secretary of Science and Technology that describes the 
     progress to address financial management deficiencies, 
     improve its management controls, and implement performance 
     measures and evaluations.

                   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 2009: 
     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, 
     $272,500,000, to remain available until expended: Provided, 
     That of the amount provided under this heading, $15,000,000 
     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 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 
     appropriated under this heading shall be obligated for full 
     scale procurement of Advanced Spectroscopic Portal Monitors 
     until the Secretary of Homeland Security has certified 
     through a report to the Committees on Appropriations of the 
     Senate and the House of Representatives that a significant 
     increase in operational effectiveness will be achieved.

                                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 
     pursuant to this Act: Provided, That balances so transferred 
     may be merged with funds in the applicable established 
     accounts and thereafter may be accounted for as one fund for 
     the same time period as originally enacted.
       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

[[Page H7791]]

     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 three full business days in advance: Provided, That 
     no notification shall involve funds that are not available 
     for obligation: Provided further, That the Office of Grants 
     and Training shall brief the Committees on Appropriations of 
     the Senate and the House of Representatives five full 
     business days in advance of announcing publicly the intention 
     of making an award of formula-based grants; law enforcement 
     terrorism prevention grants; or high-threat, high-density 
     urban areas grants.
       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 and/or advanced law 
     enforcement training at all four training facilities under 
     the control of the Federal Law Enforcement Training Center to 
     ensure that these training centers are operated at the 
     highest capacity throughout the fiscal year.
       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, the Directorate for 
     Preparedness, and the Directorate of Science and Technology 
     of the Department of Homeland Security is transferred to the 
     Department of Homeland Security: Provided, That on request of 
     the Department of Homeland Security, the Office of Personnel 
     Management shall cooperate with and assist the Department in 
     any investigation or reinvestigation under this section: 
     Provided further, That this section shall cease to be 
     effective at such time as the President has selected a single 
     agency to conduct security clearance investigations pursuant 
     to section 3001(c) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 435b) 
     and the entity selected pursuant to section 3001(b) of such 
     Act has reported to Congress that the agency selected 
     pursuant to such section 3001(c) is capable of conducting all 
     necessary investigations in a timely manner or has authorized 
     the entities within the Department of Homeland Security 
     covered by this section to conduct their own investigations 
     pursuant to section 3001 of such Act.
       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 program, until the Secretary of Homeland 
     Security certifies, and the Government Accountability Office 
     reports, to the Committees on Appropriations of the Senate 
     and the House of Representatives, that all ten of the 
     conditions contained in paragraphs (1) through (10) of 
     section 522(a) of Public Law 108-334 (118 Stat. 1319) have 
     been successfully met.
       (b) The report required by subsection (a) shall be 
     submitted within 90 days after the Secretary provides the 
     requisite certification, and periodically thereafter, if 
     necessary, until the Government Accountability Office 
     confirms that all ten conditions have been successfully met.
       (c) Within 90 days of enactment of this Act, the Secretary 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a detailed plan that 
     describes (1) the dates for achieving key milestones, 
     including the date or timeframes that the Secretary will 
     certify the program under subsection (a); and (2) the 
     methodology to be followed to support the Secretary's 
     certification, as required under subsection (a).
       (d) During the testing phase permitted by subsection (a), 
     no information gathered from passengers, foreign or domestic 
     air carriers, or reservation systems may be used to screen 
     aviation passengers, or delay or deny boarding to such 
     passengers, except in instances where passenger names are 
     matched to a Government watch list.
       (e) None of the funds provided in this or previous 
     appropriations Acts may be utilized to develop or test 
     algorithms assigning risk to passengers whose names are not 
     on Government watch lists.
       (f) None of the funds provided in this or previous 
     appropriations Acts may be utilized for data or a database 
     that is obtained from or remains under the control of a non-
     Federal entity: Provided, That this restriction shall not 
     apply to Passenger Name Record data obtained from air 
     carriers.
       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 the head of a Federal agency other than the Secretary of 
     Homeland Security: Provided, That the Director of the United 
     States Secret Service may enter into an agreement to perform 
     such service on a fully reimbursable basis.
       (b) Beginning in fiscal year 2008, none of the funds 
     appropriated by this or any other Act to the United States 
     Secret Service shall be made available for the protection of 
     a person, other than persons granted protection under section 
     3056(a) of title 18, United States Code, and the Secretary of 
     Homeland Security: Provided, That the Director of the United 
     States Secret Service may enter into an agreement to perform 
     such protection on a fully reimbursable basis for protectees 
     not designated under section 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 quarterly to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, by airport and air carrier, within 45 days 
     after the end of the quarter including any reason 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).
       Sec. 520. For purposes of this Act, any designation 
     referring to this section is the designation of an amount as 
     making appropriations for contingency operations directly 
     related to the global war on terrorism, and other 
     unanticipated defense-related operations, pursuant to section 
     402 of H. Con. Res. 376 (109th Congress) as made applicable 
     to the House of Representatives by H. Res. 818 (109th 
     Congress), and as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 83 (109th Congress) as made 
     applicable to the Senate by section 7035 of Public Law 109-
     234.
       Sec. 521. (a) Rescission.--From the unexpended balances of 
     the United States Coast Guard ``Acquisition, Construction, 
     and Improvements'' account specifically identified in the 
     Joint Explanatory Statement (House Report 109-241) 
     accompanying Public Law 109-90 for the Fast Response Cutter, 
     the service life extension program of the current 110-foot 
     Island Class patrol boat fleet, and accelerated design and 
     production of the Fast Response Cutter, $78,693,508 are 
     rescinded.
       (b) Additional Appropriation.--For necessary expenses of 
     the United States Coast Guard for ``Acquisition, 
     Construction, and Improvements'', there is appropriated an 
     additional $78,693,508, to remain available until September 
     30, 2009, for the service life extension program of the 
     current 110-foot Island Class patrol boat fleet and the 
     acquisition of traditional patrol boats (``parent 
     craft'').
       Sec. 522. 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 (6) of such section.
       Sec. 523. No funding provided by this or previous 
     appropriation Acts shall be available to pay the salary of 
     any employee serving as a contracting officer's technical 
     representative (COTR), or anyone acting in a similar or like 
     capacity, who has not received COTR training.
       Sec. 524. 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 
     notification.
       Sec. 525. (a) Within 30 days after enactment of this Act, 
     the Secretary of Homeland Security shall revise Department of 
     Homeland Security (DHS) Management Directive (MD) 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

[[Page H7792]]

     (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 three years 
     old and not incorporated in a current transportation security 
     directive, security plan, contingency plan, or information 
     circular; or does not contain current information in one of 
     the following SSI categories: equipment or personnel 
     performance specifications, vulnerability assessments, 
     security inspection or investigative information, threat 
     information, security measures, security screening 
     information, security training materials, identifying 
     information of designated transportation security personnel, 
     critical aviation or maritime infrastructure asset 
     information, systems security information, confidential 
     business information, or research and development information 
     shall be subject to release upon request unless:
       (A) the Secretary or his designee makes a written 
     determination that identifies a rational reason why the 
     information must remain SSI; or
       (B) 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 the 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); 
     and
       (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 requirements of this section and of 
     section 537 of the Department of Homeland Security 
     Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2088).
       (c) Not later than one year from the date of enactment of 
     this Act, the Government Accountability Office shall report 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives on DHS progress and procedures in 
     implementing the requirements of this section.
       (d) That in civil proceedings in the United States District 
     Courts, where a party seeking access to SSI demonstrates that 
     the party has substantial need of relevant SSI in the 
     preparation of the party's case and that the party is unable 
     without undue hardship to obtain the substantial equivalent 
     of the information by other means, the party or party's 
     counsel shall be designated as a covered person under 49 CFR 
     Part 1520.7 in order to have access to the SSI at issue in 
     the case, provided that the overseeing judge enters an order 
     that protects the SSI from unauthorized or unnecessary 
     disclosure and specifies the terms and conditions of access, 
     unless upon completion of a criminal history check and 
     terrorist assessment like that done for aviation workers on 
     the persons seeking access to SSI, or based on the 
     sensitivity of the information, the Transportation Security 
     Administration or DHS demonstrates that such access to the 
     information for the proceeding presents a risk of harm to the 
     nation: Provided, That notwithstanding any other provision of 
     law, an order granting access to SSI under this section shall 
     be immediately appealable to the United States Courts of 
     Appeals, which shall have plenary review over both the 
     evidentiary finding and the sufficiency of the order 
     specifying the terms and conditions of access to the SSI in 
     question: Provided further, That notwithstanding any other 
     provision of law, the Secretary may assess a civil penalty of 
     up to $50,000 for each violation of 49 CFR Part 1520 by 
     persons provided access to SSI under this provision.
       Sec. 526. The Department of Homeland Security Working 
     Capital Fund, established, pursuant to  section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     during fiscal year 2007.
       Sec. 527. Rescission. Of the unobligated balances from 
     prior year appropriations made available for the 
     ``Counterterrorism Fund'', $16,000,000 are rescinded.
       Sec. 528. (a) The report required by Public Law 109-62 and 
     Public Law 109-90 detailing the allocation and obligation of 
     funds for ``Disaster Relief'' shall hereafter be submitted 
     monthly and include: (1) status of the Disaster Relief Fund 
     (DRF) including obligations, allocations, and amounts 
     undistributed/unallocated; (2) allocations, obligations, and 
     expenditures for Hurricanes Katrina, Rita, and Wilma; (3) 
     information on national flood insurance claims; (4) 
     information on manufactured housing data; (5) information on 
     hotel/motel data; (6) obligations, allocations and 
     expenditures by State for unemployment, crisis counseling, 
     inspections, housing assistance, manufactured housing, public 
     assistance and individual assistance; (7) mission assignment 
     obligations by agency, including (i) the amounts reimbursed 
     to other agencies that are in suspense because FEMA has not 
     yet reviewed and approved the documentation supporting the 
     expenditure and (ii) a disclaimer if the amounts of reported 
     obligations and expenditures do not reflect the status of 
     such obligations and expenditures from a government-wide 
     perspective; (8) the amount of credit card purchases by 
     agency and mission assignment; (9) specific reasons for all 
     waivers granted and a description of each waiver; and (10) a 
     list of all contracts that were awarded on a sole source or 
     limited competition basis, including the dollar amount, the 
     purpose of the contract and the reason for the lack of 
     competitive award.
       (b) The Secretary of Homeland Security shall at least 
     quarterly obtain and report from agencies performing mission 
     assignments each such agency's actual obligation and 
     expenditure data.
       (c) For any request for reimbursement from a Federal agency 
     to the Department of Homeland Security to cover expenditures 
     under the Stafford Act (42 U.S.C. Sec. 5121 et seq.), or any 
     mission assignment orders issued by the Department of 
     Homeland Security for such purposes, the Secretary of 
     Homeland Security shall take appropriate steps to ensure that 
     each agency is periodically reminded of Department of 
     Homeland Security policies on--
       (1) the detailed information required in supporting 
     documentation for reimbursements, and
       (2) the necessity for timeliness of agency billings.
       Sec. 529. Rescission. Of the unobligated balances from 
     prior year appropriations made available for Science and 
     Technology, $125,000,000 from ``Research, Development, 
     Acquisition, and Operations'' are rescinded.
       Sec. 530. 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. 531. 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 
     and staffing report that includes total obligations and on-
     board versus funded full-time equivalent staffing levels.
       Sec. 532. (a) United States Secret Service Use of Proceeds 
     Derived From Criminal Investigations.--During fiscal year 
     2007, with respect to any undercover investigative operation 
     of the United States Secret Service (hereafter referred to in 
     this section as the ``Secret Service'') that is necessary for 
     the detection and prosecution of crimes against the United 
     States--
       (1) sums appropriated for the Secret Service, including 
     unobligated balances available from prior fiscal years, may 
     be used for purchasing property, buildings, and other 
     facilities, and for leasing space, within the United States, 
     the District of Columbia, and the territories and possessions 
     of the United States, without regard to sections 1341 and 
     3324 of title 31, United States Code, section 8141 of title 
     40, United States Code, sections 3732(a) and 3741 of the 
     Revised Statutes of the United States (41 U.S.C. 11(a) and 
     22), and sections 304(a) and 305 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C 254(a) and 
     255);
       (2) sums appropriated for the Secret Service, including 
     unobligated balances available from prior fiscal years, may 
     be used to establish or to acquire proprietary corporations 
     or business entities as part of such undercover operation, 
     and to operate such corporations or business entities on a 
     commercial basis, without regard to sections 9102 and 9103 of 
     title 31, United States Code;
       (3) sums appropriated for the Secret Service, including 
     unobligated balances available from prior fiscal years and 
     the proceeds from such undercover operation, may be deposited 
     in banks or other financial institutions, without regard to 
     section 648 of title 18, and section 3302 of title 31, United 
     States Code; and
       (4) proceeds from such undercover operation may be used to 
     offset necessary and reasonable expenses incurred in such 
     operation, without regard to section 3302 of title 31, United 
     States Code.
       (b) Written Certification.--The authority set forth in 
     subsection (a) may be exercised only upon the written 
     certification of the Director of the Secret Service or 
     designee that any action authorized by any paragraph of such 
     subsection is necessary for the conduct of an undercover 
     investigative operation. Such certification shall continue in 
     effect for the duration of such operation, without regard to 
     fiscal years.
       (c) Deposit of Proceeds in Treasury.--As soon as 
     practicable after the proceeds from an undercover 
     investigative operation with respect to which an action is 
     authorized and carried out under paragraphs (3) and (4) of 
     subsection (a) are no longer necessary for the conduct of 
     such operation, such proceeds or the balance of such proceeds 
     remaining at the time shall be deposited in the Treasury of 
     the United States as miscellaneous receipts.
       (d) Reporting and Deposit of Proceeds Upon Disposition of 
     Certain Business Entities.--If a corporation or business 
     entity established or acquired as part of an undercover 
     investigative operation under paragraph (2) of subsection (a) 
     with a net value of over $50,000 is to be liquidated, sold, 
     or otherwise disposed of, the Secret Service, as much in 
     advance as the Director or designee determines is 
     practicable, shall report the circumstance to the Secretary 
     of Homeland Security. The proceeds of the liquidation, sale, 
     or other disposition, after obligations are met, shall be 
     deposited in the Treasury of the United States as 
     miscellaneous receipts.
       (e) Financial Audits and Reports.--
       (1) The Secret Service shall conduct detailed financial 
     audits of closed undercover investigative operations for 
     which a written certification

[[Page H7793]]

     was made pursuant to subsection (b) on a quarterly basis and 
     shall report the results of the audits in writing to the 
     Secretary of Homeland Security.
       (2) The Secretary of Homeland Security shall annually 
     submit to the Committees on Appropriations of the Senate and 
     House of Representatives, at the time that the President's 
     budget is submitted under section 1105(a) of title 31, a 
     summary of such audits.
       Sec. 533. The Director of the Domestic Nuclear Detection 
     Office shall operate extramural and intramural research, 
     development, demonstrations, testing and evaluation programs 
     so as to distribute funding through grants, cooperative 
     agreements, other transactions and contracts.
       Sec. 534. 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. 535. 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 Federal 
     Food, Drug, and Cosmetic Act: Provided, That this section 
     shall apply only to individuals transporting on their person 
     a personal-use quantity of the prescription drug, not to 
     exceed a 90-day supply: Provided further, That the 
     prescription drug may not be:
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 536. 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. 537. 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. 538. Rescission. From the unobligated balances from 
     prior year appropriations made available for Transportation 
     Security Administration ``Aviation Security'', $61,936,000 
     are rescinded.
       Sec. 539. 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. 540. 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 Automatic Identification System, $4,100,000 are 
     rescinded.
       Sec. 541. Notwithstanding the requirements of section 
     404(b)(2)(B) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act, the Army Corps of Engineers may use 
     Lot 19, Block 1 of the Meadowview Acres Addition and Lot 8, 
     Block 5 of the Meadowview Acres Addition in Augusta, Kansas, 
     for building portions of the flood-control levee.
       Sec. 542. 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. 543. None of the funds made available by this Act 
     shall be used in contravention of the Federal buildings 
     performance and reporting requirements of Executive Order No. 
     13123, part 3 of title V of the National Energy Conservation 
     Policy Act (42 U.S.C. 8251 et seq.), or subtitle A of title I 
     of the Energy Policy Act of 2005 (including the amendments 
     made thereby).
       Sec. 544. 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. 545. None of the funds made available in this Act may 
     be used in contravention of section 303 of the Energy Policy 
     Act of 1992 (42 U.S.C. 13212).
       Sec. 546. 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 three 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 Institute of Standards and Technology 
     certifies that the Departments of Homeland Security and State 
     have selected a card architecture that meets or exceeds 
     International Organization for Standardization (ISO) security 
     standards and meets or exceeds best available practices for 
     protection of personal identification documents: Provided, 
     That the National Institute of Standards and Technology shall 
     also assist the Departments of Homeland Security and State to 
     incorporate into the architecture of the card the best 
     available practices to prevent the unauthorized use of 
     information on the card: Provided further, That to facilitate 
     efficient cross-border travel, the Departments of Homeland 
     Security and State shall, to the maximum extent possible, 
     develop an architecture that is compatible with information 
     technology systems and infrastructure used by United States 
     Customs and Border Protection;
       ``(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. 547. None of the funds made available in this Act may 
     be used to award any contract for major disaster or emergency 
     assistance activities under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act except in accordance with 
     section 307 of such Act (42 U.S.C. 5150).
       Sec. 548. None of the funds made available in the Act may 
     be used to reimburse L.B.& B. Associates, Inc. or Olgoonik 
     Logistics, LLC (or both) for attorneys fees related to 
     pending litigation against Local 30 of the International 
     Union of Operating Engineers.
       Sec. 549. Notwithstanding any other provision of law, the 
     acquisition management system of the Transportation Security 
     Administration shall be subject to the provisions of the 
     Small Business Act (15 U.S.C. 631 et seq).
       Sec. 550. (a) No later than six months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall issue interim final regulations establishing risk-based 
     performance standards for security of chemical facilities and 
     requiring vulnerability assessments and the development and 
     implementation of site security plans for chemical 
     facilities: Provided, That such regulations shall apply to 
     chemical facilities that, in the discretion of the Secretary, 
     present high levels of security risk: Provided further, That 
     such regulations shall permit each such facility, in 
     developing and implementing site security plans, to select 
     layered security measures that, in combination, appropriately 
     address the vulnerability assessment and the risk-based 
     performance standards for security for the facility: Provided 
     further, That the Secretary may not disapprove a site 
     security plan submitted under this section based on the 
     presence or absence of a particular security measure, but the 
     Secretary may disapprove a site security plan if the plan 
     fails to satisfy the risk-based performance standards 
     established by this section: Provided further, That the 
     Secretary may approve alternative security programs 
     established by private sector entities, Federal, State, or 
     local authorities, or other applicable laws if the Secretary 
     determines that the requirements of such programs meet the 
     requirements of this section and the interim regulations: 
     Provided further, That the Secretary shall review and approve 
     each vulnerability assessment and site security plan required 
     under this section: Provided further, That the Secretary 
     shall not apply regulations issued pursuant to this section 
     to facilities regulated pursuant to the Maritime 
     Transportation Security Act of 2002, Public Law 107-295, as 
     amended; Public Water Systems, as defined by section 1401 of 
     the Safe Drinking Water Act, Public Law 93-523, as

[[Page H7794]]

     amended; Treatment Works as defined in section 212 of the 
     Federal Water Pollution Control Act, Public Law 92-500, as 
     amended; any facility owned or operated by the Department of 
     Defense or the Department of Energy, or any facility subject 
     to regulation by the Nuclear Regulatory Commission.
       (b) Interim regulations issued under this section shall 
     apply until the effective date of interim or final 
     regulations promulgated under other laws that establish 
     requirements and standards referred to in subsection (a) and 
     expressly supersede this section: Provided, That the 
     authority provided by this section shall terminate three 
     years after the date of enactment of this Act.
       (c) Notwithstanding any other provision of law and 
     subsection (b), information developed under this section, 
     including vulnerability assessments, site security plans, and 
     other security related information, records, and documents 
     shall be given protections from public disclosure consistent 
     with similar information developed by chemical facilities 
     subject to regulation under section 70103 of title 46, United 
     States Code: Provided, That this subsection does not 
     prohibit the sharing of such information, as the Secretary 
     deems appropriate, with State and local government 
     officials possessing the necessary security clearances, 
     including law enforcement officials and first responders, 
     for the purpose of carrying out this section, provided 
     that such information may not be disclosed pursuant to any 
     State or local law: Provided further, That in any 
     proceeding to enforce this section, vulnerability 
     assessments, site security plans, and other information 
     submitted to or obtained by the Secretary under this 
     section, and related vulnerability or security 
     information, shall be treated as if the information were 
     classified material.
       (d) Any person who violates an order issued under this 
     section shall be liable for a civil penalty under section 
     70119(a) of title 46, United States Code: Provided, That 
     nothing in this section confers upon any person except the 
     Secretary a right of action against an owner or operator of a 
     chemical facility to enforce any provision of this section.
       (e) The Secretary of Homeland Security shall audit and 
     inspect chemical facilities for the purposes of determining 
     compliance with the regulations issued pursuant to this 
     section.
       (f) Nothing in this section shall be construed to 
     supersede, amend, alter, or affect any Federal law that 
     regulates the manufacture, distribution in commerce, use, 
     sale, other treatment, or disposal of chemical substances or 
     mixtures.
       (g) If the Secretary determines that a chemical facility is 
     not in compliance with this section, the Secretary shall 
     provide the owner or operator with written notification 
     (including a clear explanation of deficiencies in the 
     vulnerability assessment and site security plan) and 
     opportunity for consultation, and issue an order to comply by 
     such date as the Secretary determines to be appropriate under 
     the circumstances: Provided, That if the owner or operator 
     continues to be in noncompliance, the Secretary may issue an 
     order for the facility to cease operation, until the owner or 
     operator complies with the order.
       Sec. 551. (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 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. 552. 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, design and 
     construction centers, the Coast Guard Academy, and the Coast 
     Guard Research and Development Center until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan on changes to the Civil 
     Engineering Program of the Coast Guard: Provided, That 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. 553. 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. 554. (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. 555. 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 Institute of Standards and Technology shall submit a 
     report to the Committees on Appropriations of the Senate and 
     the House of Representatives outlining Federal earthquake 
     response plans for high-risk earthquake regions in the United 
     States as determined by the United States Geological 
     Survey.
       Sec. 556. Not later than six 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. 557. Title VII of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5201) is 
     amended by adding at the end the following:

     ``SEC. 706. FIREARMS POLICIES.

       ``(a) Prohibition on Confiscation of Firearms.--No officer 
     or employee of the United States (including any member of the 
     uniformed services), or person operating pursuant to or under 
     color of Federal law, or receiving Federal funds, or under 
     control of any Federal official, or providing services to 
     such an officer, employee, or other person, while acting in 
     support of relief from a major disaster or emergency, may--
       ``(1) temporarily or permanently seize, or authorize 
     seizure of, any firearm the possession of which is not 
     prohibited under Federal, State, or local law, other than for 
     forfeiture in compliance with Federal law or as evidence in a 
     criminal investigation;
       ``(2) require registration of any firearm for which 
     registration is not required by Federal, State, or local law;
       ``(3) prohibit possession of any firearm, or promulgate any 
     rule, regulation, or order prohibiting possession of any 
     firearm, in any place or by any person where such possession 
     is not otherwise prohibited by Federal, State, or local law; 
     or
       ``(4) prohibit the carrying of firearms by any person 
     otherwise authorized to carry firearms under Federal, State, 
     or local law, solely because such person is operating under 
     the direction, control, or supervision of a Federal agency

[[Page H7795]]

     in support of relief from the major disaster or emergency.
       ``(b) Limitation.--Nothing in this section shall be 
     construed to prohibit any person in subsection (a) from 
     requiring the temporary surrender of a firearm as a condition 
     for entry into any mode of transportation used for rescue or 
     evacuation during a major disaster or emergency, provided 
     that such temporarily surrendered firearm is returned at the 
     completion of such rescue or evacuation.
       ``(c) Private Rights of Action.--
       ``(1) In general.--Any individual aggrieved by a violation 
     of this section may seek relief in an action at law, suit in 
     equity, or other proper proceeding for redress against any 
     person who subjects such individual, or causes such 
     individual to be subjected, to the deprivation of any of the 
     rights, privileges, or immunities secured by this section.
       ``(2) Remedies.--In addition to any existing remedy in law 
     or equity, under any law, an individual aggrieved by the 
     seizure or confiscation of a firearm in violation of this 
     section may bring an action for return of such firearm in the 
     United States district court in the district in which that 
     individual resides or in which such firearm may be found.
       ``(3) Attorney fees.--In any action or proceeding to 
     enforce this section, the court shall award the prevailing 
     party, other than the United States, a reasonable attorney's 
     fee as part of the costs.''.
       Sec. 558. 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 three 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 three 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 one 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) Evaluation.--The Secretary shall evaluate the pilot 
     program in subsection (b) to determine whether such a 
     system--
       (1) has a sufficiently low false alarm rate for use in the 
     supply chain;
       (2) is capable of being deployed and operated at ports 
     overseas, including consideration of cost, personnel, and 
     infrastructure required to operate the system;
       (3) is capable of integrating, where necessary, with 
     existing systems;
       (4) does not significantly impact trade capacity and flow 
     of cargo at foreign or United States ports; and
       (5) provides an automated notification of questionable or 
     high-risk cargo as a trigger for further inspection by 
     appropriately trained personnel.
       (d) 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.
       (e) Implementation.--If the Secretary determines the 
     available technology meets the criteria outlined in 
     subsection (c), the Secretary, in cooperation with the 
     Secretary of State, shall seek to secure the cooperation of 
     foreign governments to initiate and maximize the use of such 
     technology at foreign ports to scan all cargo bound for the 
     United States as quickly as possible.
       Sec. 559. (a) Rescission.--From the unexpended balances of 
     the United States Secret Service ``Salaries and Expenses'' 
     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 
     National Special Security Events, $2,500,000 are rescinded.
       (b) Additional Appropriation.--For necessary expenses of 
     the United States Secret Service ``Protection, 
     Administration, and Training'', there is appropriated an 
     additional $2,500,000, to remain available until expended for 
     National Special Security Events.
       Sec. 560. Transfer authority contained in section 505 of 
     the Homeland Security Act, as amended by title VI of this 
     Act, shall be used in accordance with the provisions of 
     section 1531(a)(2) of title 31, United States Code.
                TITLE VI--NATIONAL EMERGENCY MANAGEMENT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Post-Katrina Emergency 
     Management Reform Act of 2006''.

     SEC. 602. DEFINITIONS.

       In this title--
       (1) the term ``Administrator'' means the Administrator of 
     the Agency;
       (2) the term ``Agency'' means the Federal Emergency 
     Management Agency;
       (3) the term ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) those committees of the House of Representatives that 
     the Speaker of the House of Representatives determines 
     appropriate;
       (4) the term ``catastrophic incident'' means any natural 
     disaster, act of terrorism, or other man-made disaster that 
     results in extraordinary levels of casualties or damage or 
     disruption severely affecting the population (including mass 
     evacuations), infrastructure, environment, economy, national 
     morale, or government functions in an area;
       (5) the term ``Department'' means the Department of 
     Homeland Security;
       (6) 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);
       (7) the term ``emergency management'' means the 
     governmental function that coordinates and integrates all 
     activities necessary to build, sustain, and improve the 
     capability to prepare for, protect against, respond to, 
     recover from, or mitigate against threatened or actual 
     natural disasters, acts of terrorism, or other man-made 
     disasters;
       (8) the term ``emergency response provider'' has the 
     meaning given the term in section 2 of the Homeland Security 
     Act of 2002 (6 U.S.C. 101), as amended by this Act;
       (9) 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);
       (10) the term ``individual with a disability'' has the 
     meaning given the term in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102);
       (11) the terms ``local government'' and ``State'' have the 
     meaning given the terms in section 2 of the Homeland Security 
     Act of 2002 (6 U.S.C. 101);
       (12) the term ``National Incident Management System'' means 
     a system to enable effective, efficient, and collaborative 
     incident management;
       (13) the term ``National Response Plan'' means the National 
     Response Plan or any successor plan prepared under section 
     502(a)(6) of the Homeland Security Act of 2002 (as amended by 
     this Act);
       (14) the term ``Secretary'' means the Secretary of Homeland 
     Security;
       (15) 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; and
       (16) the term ``tribal government'' means the government of 
     an Indian tribe or authorized tribal organization, or in 
     Alaska a Native village or Alaska Regional Native 
     Corporation.
            Subtitle A--Federal Emergency Management Agency

     SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT 
                   AGENCY.

       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 EMERGENCY MANAGEMENT'';
       (2) by striking section 501;
       (3) by striking section 503;
       (4) by striking section 507;
       (5) by striking section 510 (relating to urban and other 
     high risk area communications capabilities);
       (6) by redesignating sections 504, 505, 508, and 509 as 
     sections 517, 518, 519, and 520, respectively;
       (7) by redesignating section 510 (relating to procurement 
     of security countermeasures for the strategic national 
     stockpile) as section 521;
       (8) by redesignating section 502 as section 504;
       (9) by redesignating section 506 as section 502 and 
     transferring that section to before section 504, as 
     redesignated by paragraph (8) of this section;
       (10) by inserting before section 502, as redesignated and 
     transferred by paragraph (9) of this section, the following:

     ``SEC. 501. DEFINITIONS.

       ``In this title--
       ``(1) the term `Administrator' means the Administrator of 
     the Agency;
       ``(2) the term `Agency' means the Federal Emergency 
     Management Agency;
       ``(3) the term `catastrophic incident' means any natural 
     disaster, act of terrorism, or other man-made disaster that 
     results in extraordinary levels of casualties or damage or 
     disruption severely affecting the population (including mass 
     evacuations), infrastructure, environment, economy, national 
     morale, or government functions in an area;
       ``(4) the term `Federal coordinating officer' means a 
     Federal coordinating officer as described in section 302 of 
     the Robert T. Stafford

[[Page H7796]]

     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5143);
       ``(5) the term `interoperable' has the meaning given the 
     term `interoperable communications' under section 7303(g)(1) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (6 U.S.C. 194(g)(1));
       ``(6) the term `National Incident Management System' means 
     a system to enable effective, efficient, and collaborative 
     incident management;
       ``(7) the term `National Response Plan' means the National 
     Response Plan or any successor plan prepared under section 
     502(a)(6);
       ``(8) the term `Regional Administrator' means a Regional 
     Administrator appointed under section 507;
       ``(9) the term `Regional Office' means a Regional Office 
     established under section 507;
       ``(10) 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; and
       ``(11) the term `tribal government' means the government of 
     any entity described in section 2(10)(B).'';
       (11) by inserting after section 502, as redesignated and 
     transferred by paragraph (9) of this section, the following:

     ``SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.

       ``(a) In General.--There is in the Department the Federal 
     Emergency Management Agency, headed by an Administrator.
       ``(b) Mission.--
       ``(1) Primary mission.--The primary mission of the Agency 
     is to reduce the loss of life and property and protect the 
     Nation from all hazards, including natural disasters, acts of 
     terrorism, and other man-made disasters, by leading and 
     supporting the Nation in a risk-based, comprehensive 
     emergency management system of preparedness, protection, 
     response, recovery, and mitigation.
       ``(2) Specific activities.--In support of the primary 
     mission of the Agency, the Administrator shall--
       ``(A) lead the Nation's efforts to prepare for, protect 
     against, respond to, recover from, and mitigate against the 
     risk of natural disasters, acts of terrorism, and other man-
     made disasters, including catastrophic incidents;
       ``(B) partner with State, local, and tribal 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 natural 
     disasters, acts of terrorism, and other man-made disasters, 
     including catastrophic incidents;
       ``(C) develop a Federal response capability that, when 
     necessary and appropriate, can act effectively and rapidly to 
     deliver assistance essential to saving lives or protecting or 
     preserving property or public health and safety in a natural 
     disaster, act of terrorism, or other man-made disaster;
       ``(D) integrate the Agency's emergency preparedness, 
     protection, response, recovery, and mitigation 
     responsibilities to confront effectively the challenges of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(E) develop and maintain robust Regional Offices that 
     will work with State, local, and tribal governments, 
     emergency response providers, and other appropriate entities 
     to identify and address regional priorities;
       ``(F) 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;
       ``(G) provide funding, training, exercises, technical 
     assistance, planning, and other assistance to build tribal, 
     local, State, regional, and national capabilities (including 
     communications capabilities), necessary to respond to a 
     natural disaster, act of terrorism, or other man-made 
     disaster; and
       ``(H) develop and coordinate the implementation of a risk-
     based, all-hazards strategy for preparedness that builds 
     those common capabilities necessary to respond to natural 
     disasters, acts of terrorism, and other man-made disasters 
     while also building the unique capabilities necessary to 
     respond to specific types of incidents that pose the greatest 
     risk to our Nation.
       ``(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 be appointed 
     from among individuals who have--
       ``(A) a demonstrated ability in and knowledge of emergency 
     management and homeland security; and
       ``(B) not less than 5 years of executive leadership and 
     management experience in the public or private sector.
       ``(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 management.--
       ``(A) In general.--The Administrator is the principal 
     advisor to the President, the Homeland Security Council, and 
     the Secretary for all matters relating to emergency 
     management in the United States.
       ``(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 preparedness, protection, response, 
     recovery, and mitigation options with respect to that matter.
       ``(ii) Advice on request.--The Administrator, as the 
     principal advisor on emergency management, shall provide 
     advice to the President, the Homeland Security Council, or 
     the Secretary on a particular matter when the President, the 
     Homeland Security Council, or the Secretary requests such 
     advice.
       ``(iii) Recommendations to congress.--After informing the 
     Secretary, the Administrator may make such recommendations to 
     Congress relating to emergency management as the 
     Administrator considers appropriate.
       ``(5) Cabinet status.--
       ``(A) In general.--The President may designate the 
     Administrator to serve as a member of the Cabinet in the 
     event of natural disasters, acts of terrorism, or other man-
     made disasters.
       ``(B) Retention of authority.--Nothing in this paragraph 
     shall be construed as affecting the authority of the 
     Secretary under this Act.'';
       (12) in section 504, as redesignated by paragraph (8) of 
     this section--
       (A) in the section heading, by inserting ``AUTHORITY AND'' 
     before ``RESPONSIBILITIES'';
       (B) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``(a) In General.--The Administrator shall provide Federal 
     leadership necessary to prepare for, protect against, respond 
     to, recover from, or mitigate against a natural disaster, act 
     of terrorism, or other man-made disaster, including--'';
       (C) in paragraph (6), by striking ``and'' at the end; and
       (D) by striking paragraph (7) and inserting the following:
       ``(7) helping ensure the acquisition of operable and 
     interoperable communications capabilities by Federal, State, 
     local, and tribal governments and emergency response 
     providers;
       ``(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.) and carrying out all 
     functions and authorities given to the Administrator under 
     that Act;
       ``(9) carrying out the mission of the Agency to reduce the 
     loss of life and property and protect the Nation from all 
     hazards by leading and supporting the Nation in a risk-based, 
     comprehensive emergency management system of--
       ``(A) mitigation, by taking sustained actions to reduce or 
     eliminate long-term risks to people and property from hazards 
     and their effects;
       ``(B) preparedness, by planning, training, and building the 
     emergency management profession to prepare effectively for, 
     mitigate against, respond to, and recover from any hazard;
       ``(C) response, by conducting emergency operations to save 
     lives and property through positioning emergency equipment, 
     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; and
       ``(D) recovery, by rebuilding communities so individuals, 
     businesses, and governments can function on their own, return 
     to normal life, and protect against future hazards;
       ``(10) increasing efficiencies, by coordinating efforts 
     relating to preparedness, protection, response, recovery, and 
     mitigation;
       ``(11) helping to ensure the effectiveness of emergency 
     response providers in responding to a natural disaster, act 
     of terrorism, or other man-made disaster;
       ``(12) supervising grant programs administered by the 
     Agency;
       ``(13) administering and ensuring the implementation of the 
     National Response Plan, including coordinating and ensuring 
     the readiness of each emergency support function under the 
     National Response Plan;
       ``(14) coordinating with the National Advisory Council 
     established under section 508;
       ``(15) preparing and implementing the plans and programs of 
     the Federal Government for--
       ``(A) continuity of operations;
       ``(B) continuity of government; and
       ``(C) continuity of plans;
       ``(16) minimizing, to the extent practicable, overlapping 
     planning and reporting requirements applicable to State, 
     local, and tribal governments and the private sector;
       ``(17) maintaining and operating within the Agency the 
     National Response Coordination Center or its successor;
       ``(18) developing a national emergency management system 
     that is capable of preparing for, protecting against, 
     responding to, recovering from, and mitigating against 
     catastrophic incidents;
       ``(19) assisting the President in carrying out the 
     functions under the national preparedness goal and the 
     national preparedness system and carrying out all functions 
     and authorities of the Administrator under the national 
     preparedness System;
       ``(20) carrying out all authorities of the Federal 
     Emergency Management Agency and the Directorate of 
     Preparedness of the Department as transferred under 
     section 505; and
       ``(21) otherwise carrying out the mission of the Agency as 
     described in section 503(b).
       ``(b) All-Hazards Approach.--In carrying out the 
     responsibilities under this section, the Administrator shall 
     coordinate the implementation of a risk-based, all-hazards 
     strategy that builds those common capabilities necessary to 
     prepare for, protect against, respond to, recover from, or 
     mitigate against natural disasters, acts of terrorism, and 
     other man-made disasters, while also building the unique 
     capabilities necessary to prepare for, protect against, 
     respond

[[Page H7797]]

     to, recover from, or mitigate against the risks of specific 
     types of incidents that pose the greatest risk to the 
     Nation.''; and
       (13) by inserting after section 504, as redesignated by 
     paragraph (8) of this section, the following:

     ``SEC. 505. FUNCTIONS TRANSFERRED.

       ``(a) In General.--Except as provided in subsection (b), 
     there are transferred to the Agency the following:
       ``(1) All functions of the Federal Emergency Management 
     Agency, including existing responsibilities for emergency 
     alert systems and continuity of operations and continuity of 
     government plans and programs as constituted on June 1, 2006, 
     including all of its personnel, assets, components, 
     authorities, grant programs, 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, authorities, grant programs, and 
     liabilities, and including the functions of the Under 
     Secretary for Preparedness relating thereto.
       ``(b) Exceptions.--The following within the Preparedness 
     Directorate shall not be transferred:
       ``(1) The Office of Infrastructure Protection.
       ``(2) The National Communications System.
       ``(3) The National Cybersecurity Division.
       ``(4) The Office of the Chief Medical Officer.
       ``(5) The functions, personnel, assets, components, 
     authorities, and liabilities of each component described 
     under paragraphs (1) through (4).

     ``SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT 
                   AGENCY.

       ``(a) Distinct Entity.--The Agency shall be maintained as a 
     distinct entity within the Department.
       ``(b) Reorganization.--Section 872 shall not apply to the 
     Agency, including any function or organizational unit of the 
     Agency.
       ``(c) Prohibition on Changes to Missions.--
       ``(1) In general.--The Secretary may not substantially or 
     significantly reduce the authorities, responsibilities, or 
     functions of the Agency or the capability of the Agency to 
     perform those missions, authorities, responsibilities, except 
     as otherwise specifically provided in an Act enacted after 
     the date of enactment of the Post-Katrina Emergency 
     Management Reform Act of 2006.
       ``(2) Certain transfers prohibited.--No asset, function, or 
     mission of the Agency 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 Agency to perform its missions.
       ``(d) Reprogramming and Transfer of Funds.--In 
     reprogramming or transferring funds, the Secretary shall 
     comply with any applicable provisions of any Act making 
     appropriations for the Department for fiscal year 2007, or 
     any succeeding fiscal year, relating to the reprogramming or 
     transfer of funds.

     ``SEC. 507. REGIONAL OFFICES.

       ``(a) In General.--There are in the Agency 10 regional 
     offices, as identified by the Administrator.
       ``(b) Management of Regional Offices.--
       ``(1) Regional administrator.--Each Regional Office shall 
     be headed by a Regional Administrator who shall be appointed 
     by the Administrator, after consulting with State, local, and 
     tribal government officials in the region. Each Regional 
     Administrator shall report directly to the Administrator and 
     be in the Senior Executive Service.
       ``(2) Qualifications.--
       ``(A) In general.--Each Regional Administrator shall be 
     appointed from among individuals who have a demonstrated 
     ability in and knowledge of emergency management and homeland 
     security.
       ``(B) Considerations.--In selecting a Regional 
     Administrator for a Regional Office, the Administrator shall 
     consider the familiarity of an individual with the 
     geographical area and demographic characteristics of the 
     population served by such Regional Office.
       ``(c) Responsibilities.--
       ``(1) In general.--The Regional Administrator shall work in 
     partnership with State, local, and tribal governments, 
     emergency managers, emergency response providers, medical 
     providers, the private sector, nongovernmental organizations, 
     multijurisdictional councils of governments, and regional 
     planning commissions and organizations in the geographical 
     area served by the Regional Office to carry out the 
     responsibilities of a Regional Administrator under this 
     section.
       ``(2) Responsibilities.--The responsibilities of a Regional 
     Administrator include--
       ``(A) ensuring effective, coordinated, and integrated 
     regional preparedness, protection, response, recovery, and 
     mitigation activities and programs for natural disasters, 
     acts of terrorism, and other man-made disasters (including 
     planning, training, exercises, and professional development);
       ``(B) assisting in the development of regional capabilities 
     needed for a national catastrophic response system;
       ``(C) coordinating the establishment of effective regional 
     operable and interoperable emergency communications 
     capabilities;
       ``(D) staffing and overseeing 1 or more strike teams within 
     the region under subsection (f), to serve as the focal point 
     of the Federal Government's initial response efforts for 
     natural disasters, acts of terrorism, and other man-made 
     disasters within that region, and otherwise building Federal 
     response capabilities to respond to natural disasters, acts 
     of terrorism, and other man-made disasters within that 
     region;
       ``(E) designating an individual responsible for the 
     development of strategic and operational regional plans in 
     support of the National Response Plan;
       ``(F) fostering the development of mutual aid and other 
     cooperative agreements;
       ``(G) identifying critical gaps in regional capabilities to 
     respond to populations with special needs;
       ``(H) maintaining and operating a Regional Response 
     Coordination Center or its successor; and
       ``(I) performing such other duties relating to such 
     responsibilities as the Administrator may require.
       ``(3) Training and exercise requirements.--
       ``(A) Training.--The Administrator shall require each 
     Regional Administrator to undergo specific training 
     periodically to complement the qualifications of the Regional 
     Administrator. Such training, as appropriate, shall include 
     training with respect to the National Incident Management 
     System, the National Response Plan, and such other subjects 
     as determined by the Administrator.
       ``(B) Exercises.--The Administrator shall require each 
     Regional Administrator to participate as appropriate in 
     regional and national exercises.
       ``(d) Area Offices.--
       ``(1) In general.--There is an Area Office for the Pacific 
     and an Area Office for the Caribbean, as components in the 
     appropriate Regional Offices.
       ``(2) Alaska.--The Administrator shall establish an Area 
     Office in Alaska, as a component in the appropriate Regional 
     Office.
       ``(e) Regional Advisory Council.--
       ``(1) Establishment.--Each Regional Administrator shall 
     establish a Regional Advisory Council.
       ``(2) Nominations.--A State, local, or tribal government 
     located within the geographic area served by the Regional 
     Office may nominate officials, including Adjutants General 
     and emergency managers, to serve as members of the Regional 
     Advisory Council for that region.
       ``(3) Responsibilities.--Each Regional Advisory Council 
     shall--
       ``(A) advise the Regional Administrator on emergency 
     management issues specific to that region;
       ``(B) identify any geographic, demographic, or other 
     characteristics peculiar to any State, local, or tribal 
     government within the region that might make preparedness, 
     protection, response, recovery, or mitigation more 
     complicated or difficult; and
       ``(C) advise the Regional Administrator of any weaknesses 
     or deficiencies in preparedness, protection, response, 
     recovery, and mitigation for any State, local, and tribal 
     government within the region of which the Regional Advisory 
     Council is aware.
       ``(f) Regional Office Strike Teams.--
       ``(1) In general.--In coordination with other relevant 
     Federal agencies, each Regional Administrator shall oversee 
     multi-agency strike teams authorized under section 303 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5144) 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.
       ``(2) Other duties.--The duties of an individual assigned 
     to a Regional Office strike team from another relevant agency 
     when such individual is not functioning as a member of the 
     strike team shall be consistent with the emergency 
     preparedness activities of the agency that employs such 
     individual.
       ``(3) Location of members.--The members of each Regional 
     Office strike team, including representatives from agencies 
     other than the Department, shall be based primarily within 
     the region that corresponds to that strike team.
       ``(4) Coordination.--Each Regional Office strike team shall 
     coordinate the training and exercises of that strike team 
     with the State, local, and tribal governments and private 
     sector and nongovernmental entities which the strike team 
     shall support when a natural disaster, act of terrorism, or 
     other man-made disaster occurs.
       ``(5) Preparedness.--Each Regional Office strike team shall 
     be trained as a unit on a regular basis and equipped and 
     staffed to be well prepared to respond to natural disasters, 
     acts of terrorism, and other man-made disasters, including 
     catastrophic incidents.
       ``(6) Authorities.--If the Administrator determines that 
     statutory authority is inadequate for the preparedness and 
     deployment of individuals in strike teams under this 
     subsection, the Administrator shall report to Congress 
     regarding the additional statutory authorities that the 
     Administrator determines are necessary.

     ``SEC. 508. NATIONAL ADVISORY COUNCIL.

       ``(a) Establishment.--Not later than 60 days after the date 
     of enactment of the Post-Katrina Emergency Management Reform 
     Act of 2006, the Secretary shall establish an advisory body 
     under section 871(a) to ensure effective and ongoing 
     coordination of Federal preparedness, protection, response, 
     recovery, and mitigation for natural disasters, acts of 
     terrorism, and other man-made disasters, to be known as the 
     National Advisory Council.
       ``(b) Responsibilities.--The National Advisory Council 
     shall advise the Administrator on all aspects of emergency 
     management. The National Advisory Council shall incorporate 
     State,

[[Page H7798]]

     local, and tribal government and private sector input in the 
     development and revision of the national preparedness goal, 
     the national preparedness system, the National Incident 
     Management System, the National Response Plan, and other 
     related plans and strategies.
       ``(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 officials, 
     emergency managers, and emergency response providers from 
     State, local, and tribal governments, the private sector, and 
     nongovernmental organizations, including as appropriate--
       ``(A) members selected from the emergency management field 
     and emergency response providers, including fire service, law 
     enforcement, hazardous materials response, emergency medical 
     services, and emergency management personnel, or 
     organizations representing such individuals;
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals;
       ``(C) experts from Federal, State, local, and tribal 
     governments, and the private sector, representing standards-
     setting and accrediting organizations, including 
     representatives from the voluntary consensus codes and 
     standards development community, particularly those with 
     expertise in the emergency preparedness and response field;
       ``(D) State, local, and tribal government officials with 
     expertise in preparedness, protection, response, recovery, 
     and mitigation, including Adjutants General;
       ``(E) elected State, local, and tribal government 
     executives;
       ``(F) experts in public and private sector infrastructure 
     protection, cybersecurity, and communications;
       ``(G) representatives of individuals with disabilities and 
     other populations with special needs; and
       ``(H) such other individuals as the Administrator 
     determines to be appropriate.
       ``(2) Coordination with the departments of health and human 
     services and transportation.--In the selection of members of 
     the National Advisory Council who are health or emergency 
     medical services professionals, the Administrator shall work 
     with the Secretary of Health and Human Services and the 
     Secretary of Transportation.
       ``(3) Ex officio members.--The Administrator shall 
     designate 1 or more officers of the Federal Government to 
     serve as ex officio members of the National Advisory Council.
       ``(4) Terms of office.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term of office of each member of the National Advisory 
     Council shall be 3 years.
       ``(B) Initial appointments.--Of the members initially 
     appointed to the National Advisory Council--
       ``(i) one-third shall be appointed for a term of 1 year; 
     and
       ``(ii) one-third shall be appointed for a term of 2 years.
       ``(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 National Advisory 
     Council.
       ``(2) Termination.--Section 14(a)(2) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     National Advisory Council.

     ``SEC. 509. NATIONAL INTEGRATION CENTER.

       ``(a) In General.--There is established in the Agency a 
     National Integration Center.
       ``(b) Responsibilities.--
       ``(1) In general.--The Administrator, through the National 
     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, and any successor to such system or plan.
       ``(2) Specific responsibilities.--The National Integration 
     Center shall periodically review, and revise as appropriate, 
     the National Incident Management System and the National 
     Response Plan, including--
       ``(A) establishing, in consultation with the Director of 
     the Corporation for National and Community Service, a process 
     to better use volunteers and donations;
       ``(B) improving the use of Federal, State, local, and 
     tribal resources and ensuring the effective use of emergency 
     response providers at emergency scenes; and
       ``(C) revising the Catastrophic Incident Annex, finalizing 
     and releasing the Catastrophic Incident Supplement to the 
     National Response Plan, and ensuring that both effectively 
     address response requirements in the event of a catastrophic 
     incident.
       ``(c) Incident Management.--
       ``(1) In general.--
       ``(A) National response plan.--The Secretary, acting 
     through the Administrator, shall ensure that the National 
     Response Plan provides for a clear chain of command to lead 
     and coordinate the Federal response to any natural disaster, 
     act of terrorism, or other man-made disaster.
       ``(B) Administrator.--The chain of the command specified in 
     the National Response Plan shall--
       ``(i) provide for a role for the Administrator consistent 
     with the role of the Administrator as the principal emergency 
     management advisor to the President, the Homeland Security 
     Council, and the Secretary under section 503(c)(4) and the 
     responsibility of the Administrator under the Post-Katrina 
     Emergency Management Reform Act of 2006, and the amendments 
     made by that Act, relating to natural disasters, acts of 
     terrorism, and other man-made disasters; and
       ``(ii) provide for a role for the Federal Coordinating 
     Officer consistent with the responsibilities under section 
     302(b) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5143(b)).
       ``(2) Principal federal official.--The Principal Federal 
     Official (or the successor thereto) shall not--
       ``(A) direct or replace the incident command structure 
     established at the incident; or
       ``(B) have directive authority over the Senior Federal Law 
     Enforcement Official, Federal Coordinating Officer, or other 
     Federal and State officials.

     ``SEC. 510. CREDENTIALING AND TYPING.

       ``The Administrator shall enter into a memorandum of 
     understanding with the administrators of the Emergency 
     Management Assistance Compact, State, local, and tribal 
     governments, and organizations that represent emergency 
     response providers, to collaborate on developing standards 
     for deployment capabilities, including credentialing of 
     personnel and typing of resources likely needed to respond to 
     natural disasters, acts of terrorism, and other man-made 
     disasters.

     ``SEC. 511. THE NATIONAL INFRASTRUCTURE SIMULATION AND 
                   ANALYSIS CENTER.

       ``(a) Definition.--In this section, 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)).
       ``(b) Authority.--
       ``(1) In general.--There is in the Department the National 
     Infrastructure Simulation and Analysis Center which shall 
     serve as a source of national expertise to address critical 
     infrastructure protection and continuity through support for 
     activities related to--
       ``(A) counterterrorism, threat assessment, and risk 
     mitigation; and
       ``(B) a natural disaster, act of terrorism, or other man-
     made disaster.
       ``(2) Infrastructure modeling.--
       ``(A) Particular support.--The support provided under 
     paragraph (1) shall include modeling, simulation, and 
     analysis of the systems and assets comprising critical 
     infrastructure, in order to enhance preparedness, protection, 
     response, recovery, and mitigation 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, through the Department.
       ``(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 (particularly vulnerability 
     and consequence analysis), consistent with its work load 
     capacity and priorities, for real-time response to reported 
     and projected natural disasters, acts of terrorism, and other 
     man-made disasters.
       ``(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. 512. EVACUATION PLANS AND EXERCISES.

       ``(a) In General.--Notwithstanding any other provision of 
     law, and subject to subsection (d), grants made to States or 
     local or tribal governments by the Department through the 
     State Homeland Security Grant Program or the Urban Area 
     Security Initiative may be used to--
       ``(1) establish programs for the development and 
     maintenance of mass evacuation plans under subsection (b) in 
     the event of a natural disaster, act of terrorism, or other 
     man-made disaster;
       ``(2) prepare for the execution of such plans, including 
     the development of evacuation routes and the purchase and 
     stockpiling of necessary supplies and shelters; and
       ``(3) conduct exercises of such plans.
       ``(b) Plan Development.--In developing the mass evacuation 
     plans authorized under subsection (a), each State, local, or 
     tribal government shall, to the maximum extent practicable--
       ``(1) establish incident command and decision making 
     processes;
       ``(2) ensure that State, local, and tribal government 
     plans, including evacuation routes, are coordinated and 
     integrated;
       ``(3) identify primary and alternative evacuation routes 
     and methods to increase evacuation capabilities along such 
     routes such as conversion of two-way traffic to one-way 
     evacuation routes;
       ``(4) identify evacuation transportation modes and 
     capabilities, including the use of mass and public transit 
     capabilities, and coordinating and integrating evacuation 
     plans for all populations including for those individuals 
     located in hospitals, nursing homes, and other institutional 
     living facilities;
       ``(5) develop procedures for informing the public of 
     evacuation plans before and during an evacuation, including 
     individuals--
       ``(A) with disabilities or other special needs;

[[Page H7799]]

       ``(B) with limited English proficiency; or
       ``(C) who might otherwise have difficulty in obtaining such 
     information; and
       ``(6) identify shelter locations and capabilities.
       ``(c) Assistance.--
       ``(1) In general.--The Administrator may establish any 
     guidelines, standards, or requirements determined appropriate 
     to administer this section and to ensure effective mass 
     evacuation planning for State, local, and tribal areas.
       ``(2) Requested assistance.--The Administrator shall make 
     assistance available upon request of a State, local, or 
     tribal government to assist hospitals, nursing homes, and 
     other institutions that house individuals with special needs 
     to establish, maintain, and exercise mass evacuation plans 
     that are coordinated and integrated into the plans developed 
     by that State, local, or tribal government under this 
     section.
       ``(d) Multipurpose Funds.--Nothing in this section may be 
     construed to preclude a State, local, or tribal government 
     from using grant funds in a manner that enhances preparedness 
     for a natural or man-made disaster unrelated to an act of 
     terrorism, if such use assists such government in building 
     capabilities for terrorism preparedness.

     ``SEC. 513. DISABILITY COORDINATOR.

       ``(a) In General.--After consultation with organizations 
     representing individuals with disabilities, the National 
     Council on Disabilities, and the Interagency Coordinating 
     Council on Preparedness and Individuals with Disabilities, 
     established under Executive Order 13347 (6 U.S.C. 312 note), 
     the Administrator shall appoint a Disability Coordinator. The 
     Disability Coordinator shall report directly to the 
     Administrator, in order to ensure that the needs of 
     individuals with disabilities are being properly addressed in 
     emergency preparedness and disaster relief.
       ``(b) Responsibilities.--The Disability Coordinator shall 
     be responsible for--
       ``(1) providing guidance and coordination on matters 
     related to individuals with disabilities in emergency 
     planning requirements and relief efforts in the event of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(2) interacting with the staff of the Agency, the 
     National Council on Disabilities, the Interagency 
     Coordinating Council on Preparedness and Individuals with 
     Disabilities established under Executive Order No. 13347 (6 
     U.S.C. 312 note), other agencies of the Federal Government, 
     and State, local, and tribal government authorities regarding 
     the needs of individuals with disabilities in emergency 
     planning requirements and relief efforts in the event of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(3) consulting with organizations that represent the 
     interests and rights of individuals with disabilities about 
     the needs of individuals with disabilities in emergency 
     planning requirements and relief efforts in the event of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(4) ensuring the coordination and dissemination of best 
     practices and model evacuation plans for individuals with 
     disabilities;
       ``(5) ensuring the development of training materials and a 
     curriculum for training of emergency response providers, 
     State, local, and tribal government officials, and others on 
     the needs of individuals with disabilities;
       ``(6) promoting the accessibility of telephone hotlines and 
     websites regarding emergency preparedness, evacuations, and 
     disaster relief;
       ``(7) working to ensure that video programming 
     distributors, including broadcasters, cable operators, and 
     satellite television services, make emergency information 
     accessible to individuals with hearing and vision 
     disabilities;
       ``(8) ensuring the availability of accessible 
     transportation options for individuals with disabilities in 
     the event of an evacuation;
       ``(9) providing guidance and implementing policies to 
     ensure that the rights and wishes of individuals with 
     disabilities regarding post-evacuation residency and 
     relocation are respected;
       ``(10) ensuring that meeting the needs of individuals with 
     disabilities are included in the components of the national 
     preparedness system established under section 644 of the 
     Post-Katrina Emergency Management Reform Act of 2006; and
       ``(11) any other duties as assigned by the Administrator.

     ``SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.

       ``(a) Deputy Administrators.--The President may appoint, by 
     and with the advice and consent of the Senate, not more than 
     4 Deputy Administrators to assist the Administrator in 
     carrying out this title.
       ``(b) Cybersecurity and Communications.--There is in the 
     Department an Assistant Secretary for Cybersecurity and 
     Communications.
       ``(c) 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. 515. 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 managers and 
     decision makers, can form the basis for incident management 
     decisionmaking.
       ``(b) Establishment.--The National Operations Center is the 
     principal operations center for the Department and shall--
       ``(1) provide situational awareness and a common operating 
     picture for the entire Federal Government, and for State, 
     local, and tribal governments as appropriate, in the event of 
     a natural disaster, act of terrorism, or other man-made 
     disaster; and
       ``(2) ensure that critical terrorism and disaster-related 
     information reaches government decision-makers.

     ``SEC. 516. CHIEF MEDICAL OFFICER.

       ``(a) In General.--There is in the Department a Chief 
     Medical Officer, who shall be appointed by the President, by 
     and with the advice and consent of the Senate.
       ``(b) Qualifications.--The individual appointed as Chief 
     Medical Officer shall possess a demonstrated ability in and 
     knowledge of medicine and public health.
       ``(c) Responsibilities.--The Chief Medical Officer shall 
     have the primary responsibility within the Department for 
     medical issues related to natural disasters, acts of 
     terrorism, and other 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 biodefense activities of the 
     Department;
       ``(3) ensuring internal and external coordination of all 
     medical preparedness and response activities of the 
     Department, including training, exercises, and equipment 
     support;
       ``(4) serving as the Department's primary point of contact 
     with the Department of Agriculture, the Department of 
     Defense, the Department of Health and Human Services, the 
     Department of Transportation, the Department of Veterans 
     Affairs, and other Federal departments or agencies, on 
     medical and public health issues;
       ``(5) serving as the Department's primary point of contact 
     for State, local, and tribal governments, 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; and
       ``(7) performing such other duties relating to such 
     responsibilities as the Secretary may require.''.

     SEC. 612. TECHNICAL AND 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 Federal Emergency Management 
     Agency.''.
       (2) Deputy administrators.--Section 5314 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Deputy Administrators, Federal Emergency Management 
     Agency.''.
       (3) Chief medical officer.--Section 5315 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Chief Medical Officer, Department of Homeland 
     Security.''.
       (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 Federal Emergency Management 
     Agency.'';
       (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 Director of the 
     Federal Emergency Management Agency, in any law, rule, 
     regulation, certificate, directive, instruction, or other 
     official paper shall be considered to refer and apply to the 
     Administrator of the Federal Emergency Management Agency.
       (d) Definition.--Section 2(6) of the Homeland Security Act 
     of 2002 (6 U.S.C. 101(6)) is amended by inserting ``fire,'' 
     after ``safety,''.
       (e) 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 EMERGENCY MANAGEMENT

``Sec. 501. Definitions.
``Sec. 502. Definition.
``Sec. 503. Federal Emergency Management Agency.
``Sec. 504. Authorities and responsibilities.
``Sec. 505. Functions transferred.
``Sec. 506. Preserving the Federal Emergency Management Agency.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council.
``Sec. 509. National Integration Center.
``Sec. 510. Credentialing and typing.
``Sec. 511. The National Infrastructure Simulation and Analysis Center.
``Sec. 512. Evacuation plans and exercises.
``Sec. 513. Disability Coordinator.
``Sec. 514. Department and Agency officials.
``Sec. 515. National Operations Center.
``Sec. 516. Chief Medical Officer.
``Sec. 517. Nuclear incident response.
``Sec. 518. Conduct of certain public health-related activities.
``Sec. 519. Use of national private sector networks in emergency 
              response.
``Sec. 520. Use of commercially available technology, goods, and 
              services.
``Sec. 521. Procurement of security countermeasures for strategic 
              national stockpile.''.
       (f) Interim Actions.--
       (1) In general.--During the period beginning on the date of 
     enactment of this Act and ending on March 31, 2007, the 
     Secretary, the Under Secretary for Preparedness, and the 
     Director of the Federal Emergency Management Agency shall 
     take such actions as are necessary to provide for the orderly 
     implementation of any amendment under this subtitle that 
     takes effect on March 31, 2007.
       (2) References.--Any reference to the Administrator of the 
     Federal Emergency Management Agency in this title or an 
     amendment by this title shall be considered to refer and 
     apply to the Director of the Federal Emergency Management 
     Agency until March 31, 2007.

[[Page H7800]]

     SEC. 613. NATIONAL WEATHER SERVICE.

       Nothing in this title shall alter or otherwise affect the 
     authorities and activities of the National Weather Service to 
     protect life and property, including under the Act of October 
     1, 1890 (26 Stat. 653-55).

     SEC. 614. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title and the amendments made by this title shall take effect 
     on the date of enactment of this Act.
       (b) Exceptions.--The following shall take effect on March 
     31, 2007:
       (1) The amendments made by section 611(11).
       (2) The amendments made by section 611(12).
       (3) Sections 505, 507, 508, and 514 of the Homeland 
     Security Act of 2002, as amended by section 611(13) of this 
     Act.
       (4) The amendments made by subsection (a).
       (5) The amendments made by subsection (b)(1).
                    Subtitle B--Personnel Provisions

        CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

     SEC. 621. WORKFORCE DEVELOPMENT.

       (a) In General.--Subpart I of part III of title 5, United 
     States Code, is amended by adding at the end the following:

      ``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

``Sec.
``10101. Definitions.
``10102. Strategic human capital plan.
``10103. Career paths.
``10104. Recruitment bonuses.
``10105. Retention bonuses.
``10106. Quarterly report on vacancy rate in employee positions.

     ``Sec. 10101. Definitions

       ``For purposes of this chapter--
       ``(1) the term `Agency' means the Federal Emergency 
     Management Agency;
       ``(2) the term `Administrator' means the Administrator of 
     the Federal Emergency Management Agency;
       ``(3) the term `appropriate committees of Congress' has the 
     meaning given the term in section 602 of the Post-Katrina 
     Emergency Management Reform Act of 2006;
       ``(4) the term `Department' means the Department of 
     Homeland Security; and
       ``(5) the term `Surge Capacity Force' refers to the Surge 
     Capacity Force, described under section 624 of the Post-
     Katrina Emergency Management Reform Act of 2006.

     ``Sec. 10102. Strategic human capital plan

       ``(a) Plan Development.--Not later than 6 months after the 
     date of enactment of this chapter, the Administrator shall 
     develop and submit to the appropriate committees of Congress 
     a strategic human capital plan to shape and improve the 
     workforce of the Agency.
       ``(b) Contents.--The strategic human capital plan shall 
     include--
       ``(1) a workforce gap analysis, including an assessment 
     of--
       ``(A) the critical skills and competencies that will be 
     needed in the workforce of the Agency to support the mission 
     and responsibilities of, and effectively manage, the Agency 
     during the 10-year period beginning on the date of enactment 
     of this chapter;
       ``(B) the skills and competencies of the workforce of the 
     Agency on the day before the date of enactment of this 
     chapter and projected trends in that workforce, based on 
     expected losses due to retirement and other attrition; and
       ``(C) the staffing levels of each category of employee, 
     including gaps in the workforce of the Agency on the day 
     before the date of enactment of this chapter and in the 
     projected workforce of the Agency that should be addressed to 
     ensure that the Agency has continued access to the critical 
     skills and competencies described in subparagraph (A);
       ``(2) a plan of action for developing and reshaping the 
     workforce of the Agency to address the gaps in critical 
     skills and competencies identified under paragraph (1)(C), 
     including--
       ``(A) specific recruitment and retention goals, including 
     the use of the bonus authorities under this chapter as well 
     as other bonus authorities (including the program objective 
     of the Agency to be achieved through such goals);
       ``(B) specific strategies for developing, training, 
     deploying, compensating, and motivating and retaining the 
     Agency workforce and its ability to fulfill the Agency's 
     mission and responsibilities (including the program 
     objectives of the Department and the Agency to be achieved 
     through such strategies);
       ``(C) specific strategies for recruiting individuals who 
     have served in multiple State agencies with emergency 
     management responsibilities; and
       ``(D) specific strategies for the development, training, 
     and coordinated and rapid deployment of the Surge Capacity 
     Force; and
       ``(3) a discussion that--
       ``(A) details the number of employees of the Department not 
     employed by the Agency serving in the Surge Capacity Force 
     and the qualifications or credentials of such individuals;
       ``(B) details the number of individuals not employed by the 
     Department serving in the Surge Capacity Force and the 
     qualifications or credentials of such individuals;
       ``(C) describes the training given to the Surge Capacity 
     Force during the calendar year preceding the year of 
     submission of the plan under subsection (c);
       ``(D) states whether the Surge Capacity Force is able to 
     adequately prepare for, respond to, and recover from natural 
     disasters, acts of terrorism, and other man-made disasters, 
     including catastrophic incidents; and
       ``(E) describes any additional authorities or resources 
     necessary to address any deficiencies in the Surge Capacity 
     Force.
       ``(c) Annual Updates.--Not later than May 1, 2007, and May 
     1st of each of the next 5 succeeding years, the Administrator 
     shall submit to the appropriate committees of Congress an 
     update of the strategic human capital plan, including an 
     assessment by the Administrator, using results-oriented 
     performance measures, of the progress of the Department and 
     the Agency in implementing the strategic human capital plan.

     ``Sec. 10103. Career paths

       ``(a) In General.--The Administrator shall--
       ``(1) ensure that appropriate career paths for personnel of 
     the Agency are identified, including the education, training, 
     experience, and assignments necessary for career progression 
     within the Agency; and
       ``(2) publish information on the career paths described in 
     paragraph (1).
       ``(b) Education, Training, and Experience.--The 
     Administrator shall ensure that all personnel of the Agency 
     are provided the opportunity to acquire the education, 
     training, and experience necessary to qualify for promotion 
     within the Agency, including, as appropriate, the opportunity 
     to participate in the Rotation Program established under 
     section 844 of the Homeland Security Act of 2002.
       ``(c) Policy.--The Administrator shall establish a policy 
     for assigning Agency personnel to positions that provides for 
     a balance between--
       ``(1) the need for such personnel to serve in career 
     enhancing positions; and
       ``(2) the need to require service in a position for a 
     sufficient period of time to provide the stability 
     necessary--
       ``(A) to carry out the duties of that position; and
       ``(B) for responsibility and accountability for actions 
     taken in that position.

     ``Sec. 10104. Recruitment bonuses

       ``(a) In General.--The Administrator may pay a bonus to an 
     individual in order to recruit the individual for a position 
     within the Agency that would otherwise be difficult to fill 
     in the absence of such a bonus. Upon completion of the 
     strategic human capital plan, such bonuses shall be paid in 
     accordance with that plan.
       ``(b) Bonus Amount.--
       ``(1) In general.--The amount of a bonus under this section 
     shall be determined by the Administrator, but may not exceed 
     25 percent of the annual rate of basic pay of the position 
     involved.
       ``(2) Form of payment.--A bonus under this section shall be 
     paid in the form of a lump-sum payment and shall not be 
     considered to be part of basic pay.
       ``(c) Service Agreements.--Payment of a bonus under this 
     section shall be contingent upon the employee entering into a 
     written service agreement with the Agency. The agreement 
     shall include--
       ``(1) the period of service the individual shall be 
     required to complete in return for the bonus; and
       ``(2) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed, and the effect of the termination.
       ``(d) Eligibility.--A bonus under this section may not be 
     paid to an individual who is appointed to or holds--
       ``(1) a position to which an individual is appointed by the 
     President, by and with the advice and consent of the Senate;
       ``(2) a position in the Senior Executive Service as a 
     noncareer appointee (as defined in section 3132(a)); or
       ``(3) a position which has been excepted from the 
     competitive service by reason of its confidential, policy-
     determining, policy-making, or policy-advocating character.
       ``(e) Termination.--The authority to pay bonuses under this 
     section shall terminate 5 years after the date of enactment 
     of this chapter.
       ``(f) Reports.--
       ``(1) In general.--The Agency shall submit to the 
     appropriate committees of Congress, annually for each of the 
     5 years during which this section is in effect, a report on 
     the operation of this section.
       ``(2) Contents.--Each report submitted under this 
     subsection shall include, with respect to the period covered 
     by such report, a description of how the authority to pay 
     bonuses under this section was used by the Agency, 
     including--
       ``(A) the number and dollar amount of bonuses paid to 
     individuals holding positions within each pay grade, pay 
     level, or other pay classification; and
       ``(B) a determination of the extent to which such bonuses 
     furthered the purposes of this section.

     ``Sec. 10105. Retention bonuses

       ``(a) Authority.--The Administrator may pay, on a case-by-
     case basis, a bonus under this section to an employee of the 
     Agency if--
       ``(1) the unusually high or unique qualifications of the 
     employee or a special need of the Agency for the employee's 
     services makes it essential to retain the employee; and
       ``(2) the Administrator determines that, in the absence of 
     such a bonus, the employee would be likely to leave--
       ``(A) the Federal service; or
       ``(B) for a different position in the Federal service.
       ``(b) Service Agreement.--Payment of a bonus under this 
     section is contingent upon the employee entering into a 
     written service agreement with the Agency to complete a 
     period of service with the Agency. Such agreement shall 
     include--
       ``(1) the period of service the individual shall be 
     required to complete in return for the bonus; and
       ``(2) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed, and the effect of the termination.

[[Page H7801]]

       ``(c) Bonus Amount.--
       ``(1) In general.--The amount of a bonus under this section 
     shall be determined by the Administrator, but may not exceed 
     25 percent of the annual rate of basic pay of the position 
     involved.
       ``(2) Form of payment.--A bonus under this section shall be 
     paid in the form of a lump-sum payment and shall not be 
     considered to be part of basic pay.
       ``(d) Limitation.--A bonus under this section--
       ``(1) may not be based on any period of service which is 
     the basis for a recruitment bonus under section 10104;
       ``(2) may not be paid to an individual who is appointed to 
     or holds--
       ``(A) a position to which an individual is appointed by the 
     President, by and with the advice and consent of the Senate;
       ``(B) a position in the Senior Executive Service as a 
     noncareer appointee (as defined in section 3132(a)); or
       ``(C) a position which has been excepted from the 
     competitive service by reason of its confidential, policy-
     determining, policy-making, or policy-advocating character; 
     and
       ``(3) upon completion of the strategic human capital plan, 
     shall be paid in accordance with that plan.
       ``(e) Termination of Authority.--The authority to grant 
     bonuses under this section shall expire 5 years after the 
     date of enactment of this chapter.
       ``(f) Reports.--
       ``(1) In general.--The Office of Personnel Management shall 
     submit to the appropriate committees of Congress, annually 
     for each of the first 5 years during which this section is in 
     effect, a report on the operation of this section.
       ``(2) Contents.--Each report submitted under this 
     subsection shall include, with respect to the period covered 
     by such report, a description of how the authority to pay 
     bonuses under this section was used by the Agency, including, 
     with respect to each such agency--
       ``(A) the number and dollar amount of bonuses paid to 
     individuals holding positions within each pay grade, pay 
     level, or other pay classification; and
       ``(B) a determination of the extent to which such bonuses 
     furthered the purposes of this section.

     ``Sec. 10106. Quarterly report on vacancy rate in employee 
       positions

       ``(a) Initial Report.--
       ``(1) In general.--Not later than 3 months after the date 
     of enactment of this chapter, the Administrator shall develop 
     and submit to the appropriate committees of Congress a report 
     on the vacancies in employee positions of the Agency.
       ``(2) Contents.--The report under this subsection shall 
     include--
       ``(A) vacancies of each category of employee position;
       ``(B) the number of applicants for each vacancy for which 
     public notice has been given;
       ``(C) the length of time that each vacancy has been 
     pending;
       ``(D) hiring-cycle time for each vacancy that has been 
     filled; and
       ``(E) a plan for reducing the hiring-cycle time and 
     reducing the current and anticipated vacancies with highly-
     qualified personnel.
       ``(b) Quarterly Updates.--Not later than 3 months after 
     submission of the initial report, and every 3 months 
     thereafter until 5 years after the date of enactment of this 
     chapter, the Administrator shall submit to the appropriate 
     committees of Congress an update of the report under 
     subsection (a), including an assessment by the Administrator 
     of the progress of the Agency in filling vacant employee 
     positions of the Agency.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     part III title 5, United States Code, is amended by inserting 
     after the item relating to chapter 99 the following:

``101 Federal Emergency Management Agency Personnel........10101''.....

     SEC. 622. ESTABLISHMENT OF HOMELAND SECURITY ROTATION PROGRAM 
                   AT THE DEPARTMENT OF HOMELAND SECURITY.

       (a) Establishment.--Title VIII of the Homeland Security Act 
     of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after 
     section 843 the following:

     ``SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall establish 
     the Homeland Security Rotation Program (in this section 
     referred to as the `Rotation Program') for employees of the 
     Department. The Rotation Program shall use applicable best 
     practices, including those from the Chief Human Capital 
     Officers Council.
       ``(2) Goals.--The Rotation Program established by the 
     Secretary shall--
       ``(A) be established in accordance with the Human Capital 
     Strategic Plan of the Department;
       ``(B) provide middle and senior level employees in the 
     Department the opportunity to broaden their knowledge through 
     exposure to other components of the Department;
       ``(C) expand the knowledge base of the Department by 
     providing for rotational assignments of employees to other 
     components;
       ``(D) build professional relationships and contacts among 
     the employees in the Department;
       ``(E) invigorate the workforce with exciting and 
     professionally rewarding opportunities;
       ``(F) incorporate Department human capital strategic plans 
     and activities, and address critical human capital 
     deficiencies, recruitment and retention efforts, and 
     succession planning within the Federal workforce of the 
     Department; and
       ``(G) complement and incorporate (but not replace) 
     rotational programs within the Department in effect on the 
     date of enactment of this section.
       ``(3) Administration.--
       ``(A) In general.--The Chief Human Capital Officer shall 
     administer the Rotation Program.
       ``(B) Responsibilities.--The Chief Human Capital Officer 
     shall--
       ``(i) provide oversight of the establishment and 
     implementation of the Rotation Program;
       ``(ii) establish a framework that supports the goals of the 
     Rotation Program and promotes cross-disciplinary rotational 
     opportunities;
       ``(iii) establish eligibility for employees to participate 
     in the Rotation Program and select participants from 
     employees who apply;
       ``(iv) establish incentives for employees to participate in 
     the Rotation Program, including promotions and employment 
     preferences;
       ``(v) ensure that the Rotation Program provides 
     professional education and training;
       ``(vi) ensure that the Rotation Program develops qualified 
     employees and future leaders with broad-based experience 
     throughout the Department;
       ``(vii) provide for greater interaction among employees in 
     components of the Department; and
       ``(viii) coordinate with rotational programs within the 
     Department in effect on the date of enactment of this 
     section.
       ``(4) Allowances, privileges, and benefits.--All 
     allowances, privileges, rights, seniority, and other benefits 
     of employees participating in the Rotation Program shall be 
     preserved.
       ``(5) Reporting.--Not later than 180 days after the date of 
     the establishment of the Rotation Program, the Secretary 
     shall submit a report on the status of the Rotation Program, 
     including a description of the Rotation Program, the number 
     of employees participating, and how the Rotation Program is 
     used in succession planning and leadership development to the 
     appropriate committees of Congress.''.
       (b) Technical and Conforming Amendment.--Section 1(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by inserting after the item relating to section 843 
     the following:

``Sec. 844. Homeland Security Rotation Program.''.

     SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.

       (a) Establishment.--Title VIII of the Homeland Security Act 
     of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after 
     section 844 (as added by section 622 of this Act) the 
     following:

     ``SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.

       ``(a) Establishment.--The Secretary, acting through the 
     Administrator, shall establish a graduate-level Homeland 
     Security Education Program in the National Capital Region to 
     provide educational opportunities to senior Federal officials 
     and selected State and local officials with homeland security 
     and emergency management responsibilities. The Administrator 
     shall appoint an individual to administer the activities 
     under this section.
       ``(b) Leveraging of Existing Resources.--To maximize 
     efficiency and effectiveness in carrying out the Program, the 
     Administrator shall use existing Department-reviewed Master's 
     Degree curricula in homeland security, including curricula 
     pending accreditation, together with associated learning 
     materials, quality assessment tools, digital libraries, 
     exercise systems and other educational facilities, including 
     the National Domestic Preparedness Consortium, the National 
     Fire Academy, and the Emergency Management Institute. The 
     Administrator may develop additional educational programs, as 
     appropriate.
       ``(c) Student Enrollment.--
       ``(1) Sources.--The student body of the Program shall 
     include officials from Federal, State, local, and tribal 
     governments, and from other sources designated by the 
     Administrator.
       ``(2) Enrollment priorities and selection criteria.--The 
     Administrator shall establish policies governing student 
     enrollment priorities and selection criteria that are 
     consistent with the mission of the Program.
       ``(3) Diversity.--The Administrator shall take reasonable 
     steps to ensure that the student body represents racial, 
     gender, and ethnic diversity.
       ``(d) Service Commitment.--
       ``(1) In general.--Before any employee selected for the 
     Program may be assigned to participate in the program, the 
     employee shall agree in writing--
       ``(A) to continue in the service of the agency sponsoring 
     the employee during the 2-year period beginning on the date 
     on which the employee completes the program, unless the 
     employee is involuntarily separated from the service of 
     that agency for reasons other than a reduction in force; 
     and
       ``(B) to pay to the Government the amount of the additional 
     expenses incurred by the Government in connection with the 
     employee's education if the employee is voluntarily separated 
     from the service to the agency before the end of the period 
     described in subparagraph (A).
       ``(2) Payment of expenses.--
       ``(A) Exemption.--An employee who leaves the service of the 
     sponsoring agency to enter into the service of another agency 
     in any branch of the Government shall not be required to make 
     a payment under paragraph (1)(B), unless the head of the 
     agency that sponsored the education of the employee notifies 
     that employee before the date on which the employee enters 
     the service of the other agency that payment is required 
     under that paragraph.
       ``(B) Amount of payment.--If an employee is required to 
     make a payment under paragraph

[[Page H7802]]

     (1)(B), the agency that sponsored the education of the 
     employee shall determine the amount of the payment, except 
     that such amount may not exceed the pro rata share of the 
     expenses incurred for the time remaining in the 2-year 
     period.
       ``(3) Recovery of payment.--If an employee who is required 
     to make a payment under this subsection does not make the 
     payment, a sum equal to the amount of the expenses incurred 
     by the Government for the education of that employee is 
     recoverable by the Government from the employee or his estate 
     by--
       ``(A) setoff against accrued pay, compensation, amount of 
     retirement credit, or other amount due the employee from the 
     Government; or
       ``(B) such other method as is provided by lay for the 
     recovery of amounts owing to the Government.''.
       (b) Technical and Conforming Amendment.--Section 1(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. et seq.), as 
     amended by section 622, is amended by inserting after the 
     item relating to section 844 the following:

``Sec. 845. Homeland Security Education Program.''.

     SEC. 624. SURGE CAPACITY FORCE.

       (a) Establishment.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator shall prepare and 
     submit to the appropriate committees of Congress a plan to 
     establish and implement a Surge Capacity Force for deployment 
     of individuals to respond to natural disasters, acts of 
     terrorism, and other man-made disasters, including 
     catastrophic incidents.
       (2) Authority.--
       (A) In general.--Except as provided in subparagraph (B), 
     the plan shall provide for individuals in the Surge Capacity 
     Force to be trained and deployed under the authorities set 
     forth in the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act.
       (B) Exception.--If the Administrator determines that the 
     existing authorities are inadequate for the training and 
     deployment of individuals in the Surge Capacity Force, the 
     Administrator shall report to Congress as to the additional 
     statutory authorities that the Administrator determines 
     necessary.
       (b) Employees Designated to Serve.--The plan shall include 
     procedures under which the Secretary shall designate 
     employees of the Department who are not employees of the 
     Agency and shall, in conjunction with the heads of other 
     Executive agencies, designate employees of those other 
     Executive agencies, as appropriate, to serve on the Surge 
     Capacity Force.
       (c) Capabilities.--The plan shall ensure that the Surge 
     Capacity Force--
       (1) includes a sufficient number of individuals 
     credentialed in accordance with section 510 of the Homeland 
     Security Act of 2002, as amended by this Act, that are 
     capable of deploying rapidly and efficiently after activation 
     to prepare for, respond to, and recover from natural 
     disasters, acts of terrorism, and other man-made disasters, 
     including catastrophic incidents; and
       (2) includes a sufficient number of full-time, highly 
     trained individuals credentialed in accordance with section 
     510 of the Homeland Security Act of 2002, as amended by this 
     Act, to lead and manage the Surge Capacity Force.
       (d) Training.--The plan shall ensure that the Administrator 
     provides appropriate and continuous training to members of 
     the Surge Capacity Force to ensure such personnel are 
     adequately trained on the Agency's programs and policies for 
     natural disasters, acts of terrorism, and other man-made 
     disasters.
       (e) No Impact on Agency Personnel Ceiling.--Surge Capacity 
     Force members shall not be counted against any personnel 
     ceiling applicable to the Federal Emergency Management 
     Agency.
       (f) Expenses.--The Administrator may provide members of the 
     Surge Capacity Force with travel expenses, including per diem 
     in lieu of subsistence, at rates authorized for employees of 
     agencies under subchapter I of chapter 57 of title 5, United 
     States Code, for the purpose of participating in any training 
     that relates to service as a member of the Surge Capacity 
     Force.
       (g) Immediate Implementation of Surge Capacity Force 
     Involving Federal Employees.--As soon as practicable after 
     the date of enactment of this Act, the Administrator shall 
     develop and implement--
       (1) the procedures under subsection (b); and
       (2) other elements of the plan needed to establish the 
     portion of the Surge Capacity Force consisting of individuals 
     designated under those procedures.

              CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES

     SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.

       Section 613 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5196b) is amended--
       (1) in subsection (b)(3) by inserting ``including a 
     catastrophic incident annex,'' after ``plans,''; and
       (2) by redesignating subsections (c) through (g) and 
     subsections (d) through (h), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Catastrophic Incident Annex.--
       ``(1) Consistency.--A catastrophic incident annex submitted 
     under subsection (b)(3) shall be--
       ``(A) modeled after the catastrophic incident annex of the 
     National Response Plan; and
       ``(B) consistent with the national preparedness goal 
     established under section 643 of the Post-Katrina Emergency 
     Management Reform Act of 2006, the National Incident 
     Management System, the National Response Plan, and other 
     related plans and strategies.
       ``(2) Consultation.--In developing a catastrophic incident 
     annex submitted under subsection (b)(3), a State shall 
     consult with and seek appropriate comments from local 
     governments, emergency response providers, locally 
     governed multijurisdictional councils of government, and 
     regional planning commissions.''.

     SEC. 632. EVACUATION PREPAREDNESS TECHNICAL ASSISTANCE.

       The Administrator, in coordination with the heads of other 
     appropriate Federal agencies, shall provide evacuation 
     preparedness technical assistance to State, local, and tribal 
     governments, including the preparation of hurricane 
     evacuation studies and technical assistance in developing 
     evacuation plans, assessing storm surge estimates, evacuation 
     zones, evacuation clearance times, transportation capacity, 
     and shelter capacity.

     SEC. 633. EMERGENCY RESPONSE TEAMS.

       Section 303 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5144) is amended--
       (1) by striking ``SEC. 303.'' and all that follows through 
     ``The President shall'' and inserting the following:

     ``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.

       ``(a) Emergency Support Teams.--The President shall''; and
       (2) by adding at the end the following:
       ``(b) Emergency Response Teams.--
       ``(1) Establishment.--In carrying out subsection (a), the 
     President, acting through the Director of the Federal 
     Emergency Management Agency, shall establish--
       ``(A) at a minimum 3 national response teams; and
       ``(B) sufficient regional response teams, including 
     Regional Office strike teams under section 507 of the 
     Homeland Security Act of 2002; and
       ``(C) other response teams as may be necessary to meet the 
     incident management responsibilities of the Federal 
     Government.
       ``(2) Target capability level.--The Director shall ensure 
     that specific target capability levels, as defined pursuant 
     to the guidelines established under section 646(a) of the 
     Post-Katrina Emergency Management Reform Act of 2006, are 
     established for Federal emergency response teams.
       ``(3) Personnel.--The President, acting through the 
     Director, shall ensure that the Federal emergency response 
     teams consist of adequate numbers of properly planned, 
     organized, equipped, trained, and exercised personnel to 
     achieve the established target capability levels. Each 
     emergency response team shall work in coordination with State 
     and local officials and onsite personnel associated with a 
     particular incident.
       ``(4) Readiness reporting.--The Director shall evaluate 
     team readiness on a regular basis and report team readiness 
     levels in the report required under section 652(a) of the 
     Post-Katrina Emergency Management Reform Act of 2006.''.

     SEC. 634. URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

       (a) In General.--There is in the Agency a system known as 
     the Urban Search and Rescue Response System.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the system for fiscal year 
     2008, an amount equal to the amount appropriated for the 
     system for fiscal year 2007 and an additional $20,000,000.

     SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM.

       (a) In General.--There is a Metropolitan Medical Response 
     Program.
       (b) Purposes.--The program shall include each purpose of 
     the program as it existed on June 1, 2006.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program for fiscal year 
     2008, an amount equal to the amount appropriated for the 
     program for fiscal year 2007 and an additional $30,000,000.

     SEC. 636. LOGISTICS.

       The Administrator shall develop an efficient, transparent, 
     and flexible logistics system for procurement and delivery of 
     goods and services necessary for an effective and timely 
     response to natural disasters, acts of terrorism, and other 
     man-made disasters and for real-time visibility of items at 
     each point throughout the logistics system.

     SEC. 637. PREPOSITIONED EQUIPMENT PROGRAM.

       (a) In General.--The Administrator shall establish a 
     prepositioned equipment program to preposition standardized 
     emergency equipment in at least 11 locations to sustain and 
     replenish critical assets used by State, local, and tribal 
     governments in response to (or rendered inoperable by the 
     effects of) natural disasters, acts of terrorism, and other 
     man-made disasters.
       (b) Notice.--The Administrator shall notify State, local, 
     and tribal officials in an area in which a location for the 
     prepositioned equipment program will be closed not later than 
     60 days before the date of such closure.

     SEC. 638. HURRICANE KATRINA AND HURRICANE RITA RECOVERY 
                   OFFICES.

       (a) Establishment.--In order to provide all eligible 
     Federal assistance to individuals and State, local, and 
     tribal governments affected by Hurricane Katrina or Hurricane 
     Rita in a customer-focused, expeditious, effective, and 
     consistent manner, the Administrator shall establish, in 
     coordination with the appropriate States, a recovery office. 
     The Administrator may establish recovery offices for each of 
     the following States, if necessary:
       (1) Mississippi.
       (2) Louisiana.
       (3) Alabama.

[[Page H7803]]

       (4) Texas.
       (b) Structure.--Each recovery office shall have an 
     executive director, appointed by the Administrator, and a 
     senior management team.
       (c) Responsibilities.--Each executive director, in 
     coordination with State, local, and tribal governments, 
     private sector entities, and nongovernmental organizations, 
     including faith-based and other community humanitarian relief 
     entities, shall provide assistance in a timely and effective 
     manner to residents of the Gulf Coast region for recovering 
     from Hurricane Katrina or Hurricane Rita.
       (d) Staffing.--
       (1) In general.--Each recovery office shall be staffed by 
     multi-year term, temporary employees and permanent employees.
       (2) Staffing levels.--Staffing levels of a recovery office 
     shall be commensurate with current and projected workload and 
     shall be evaluated on a regular basis.
       (e) Performance Measures.--To ensure that each recovery 
     office is meeting its objectives, the Administrator shall 
     identify performance measures that are specific, measurable, 
     achievable, relevant, and timed, including--
       (1) public assistance program project worksheet completion 
     rates; and
       (2) public assistance reimbursement times.
       (f) Closeout Incentives.--The Administrator shall provide 
     incentives for the timely closeout of public assistance 
     projects under sections 406 and 407 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172 
     and 5173).
       (g) Termination.--Each recovery office shall terminate at 
     the discretion of the Administrator.

     SEC. 639. BASIC LIFE SUPPORTING FIRST AID AND EDUCATION.

       The Administrator shall enter into agreements with 
     organizations to provide funds to emergency response 
     providers to provide education and training in life 
     supporting first aid to children.

     SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.

       (a) Measures to Improve Information Technology Systems.--
     The Administrator, in coordination with the Chief Information 
     Officer of the Department, shall take appropriate measures to 
     update and improve the information technology systems of the 
     Agency, including measures to--
       (1) ensure that the multiple information technology systems 
     of the Agency (including the National Emergency Management 
     Information System, the Logistics Information Management 
     System III, and the Automated Deployment Database) are, to 
     the extent practicable, fully compatible and can share and 
     access information, as appropriate, from each other;
       (2) ensure technology enhancements reach the headquarters 
     and regional offices of the Agency in a timely fashion, to 
     allow seamless integration;
       (3) develop and maintain a testing environment that ensures 
     that all system components are properly and thoroughly tested 
     before their release;
       (4) ensure that the information technology systems of the 
     Agency have the capacity to track disaster response 
     personnel, mission assignments task orders, commodities, and 
     supplies used in response to a natural disaster, act of 
     terrorism, or other man-made disaster;
       (5) make appropriate improvements to the National Emergency 
     Management Information System to address shortcomings in such 
     system on the date of enactment of this Act; and
       (6) provide training, manuals, and guidance on information 
     technology systems to personnel, including disaster response 
     personnel, to help ensure employees can properly use 
     information technology systems.
       (b) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report describing the 
     implementation of this section, including a description of 
     any actions taken, improvements made, and remaining problems 
     and a description of any additional funding needed to make 
     necessary and appropriate improvements to the information 
     technology systems of the Agency.

     SEC. 640A. DISCLOSURE OF CERTAIN INFORMATION TO LAW 
                   ENFORCEMENT AGENCIES.

       In the event of circumstances requiring an evacuation, 
     sheltering, or mass relocation, the Administrator may 
     disclose information in any individual assistance database of 
     the Agency in accordance with section 552a(b) of title 5, 
     United States Code (commonly referred to as the ``Privacy 
     Act''), to any law enforcement agency of the Federal 
     Government or a State, local, or tribal government in order 
     to identify illegal conduct or address public safety or 
     security issues, including compliance with sex offender 
     notification laws.
             Subtitle C--Comprehensive Preparedness System

                CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM

     SEC. 641. DEFINITIONS.

       In this chapter:
       (1) Capability.--The term ``capability'' means the ability 
     to provide the means to accomplish one or more tasks under 
     specific conditions and to specific performance standards. A 
     capability may be achieved with any combination of properly 
     planned, organized, equipped, trained, and exercised 
     personnel that achieves the intended outcome.
       (2) Hazard.--The term ``hazard'' has the meaning given that 
     term under section 602(a)(1) of the Robert T. Stafford 
     Disaster Relief and Assistance Act (42 U.S.C. 5195a).
       (3) Mission assignment.--The term ``mission assignment'' 
     means a work order issued to a Federal agency by the Agency, 
     directing completion by that agency of a specified task and 
     setting forth funding, other managerial controls, and 
     guidance.
       (4) National preparedness goal.--The term ``national 
     preparedness goal'' means the national preparedness goal 
     established under section 643.
       (5) National preparedness system.--The term ``national 
     preparedness system'' means the national preparedness system 
     established under section 644.
       (6) National training program.--The term ``national 
     training program'' means the national training program 
     established under section 648(a).
       (7) Operational readiness.--The term ``operational 
     readiness'' means the capability of an organization, an 
     asset, a system, or equipment to perform the missions or 
     functions for which it is organized or designed.
       (8) Performance measure.--The term ``performance measure'' 
     means a quantitative or qualitative characteristic used to 
     gauge the results of an outcome compared to its intended 
     purpose.
       (9) Performance metric.--The term ``performance metric'' 
     means a particular value or characteristic used to measure 
     the outcome that is generally expressed in terms of a 
     baseline and a target.
       (10) Prevention.--The term ``prevention'' means any 
     activity undertaken to avoid, prevent, or stop a threatened 
     or actual act of terrorism.

     SEC. 642. NATIONAL PREPAREDNESS.

       In order to prepare the Nation for all hazards, including 
     natural disasters, acts of terrorism, and other man-made 
     disasters, the President, consistent with the declaration of 
     policy under section 601 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5195) and 
     title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et 
     seq.), as amended by this Act, shall develop a national 
     preparedness goal and a national preparedness system.

     SEC. 643. NATIONAL PREPAREDNESS GOAL.

       (a) Establishment.--The President, acting through the 
     Administrator, shall complete, revise, and update, as 
     necessary, a national preparedness goal that defines the 
     target level of preparedness to ensure the Nation's ability 
     to prevent, respond to, recover from, and mitigate against 
     natural disasters, acts of terrorism, and other man-made 
     disasters.
       (b) National Incident Management System and National 
     Response Plan.--The national preparedness goal, to the 
     greatest extent practicable, shall be consistent with the 
     National Incident Management System and the National Response 
     Plan.

     SEC. 644. ESTABLISHMENT OF NATIONAL PREPAREDNESS SYSTEM.

       (a) Establishment.--The President, acting through the 
     Administrator, shall develop a national preparedness system 
     to enable the Nation to meet the national preparedness goal.
       (b) Components.--The national preparedness system shall 
     include the following components:
       (1) Target capabilities and preparedness priorities.
       (2) Equipment and training standards.
       (3) Training and exercises.
       (4) Comprehensive assessment system.
       (5) Remedial action management program.
       (6) Federal response capability inventory.
       (7) Reporting requirements.
       (8) Federal preparedness.
       (c) National Planning Scenarios.--The national preparedness 
     system may include national planning scenarios.

     SEC. 645. NATIONAL PLANNING SCENARIOS.

       (a) In General.--The Administrator, in coordination with 
     the heads of appropriate Federal agencies and the National 
     Advisory Council, may develop planning scenarios to reflect 
     the relative risk requirements presented by all hazards, 
     including natural disasters, acts of terrorism, and other 
     man-made disasters, in order to provide the foundation for 
     the flexible and adaptive development of target capabilities 
     and the identification of target capability levels to meet 
     the national preparedness goal.
       (b) Development.--In developing, revising, and replacing 
     national planning scenarios, the Administrator shall ensure 
     that the scenarios--
       (1) reflect the relative risk of all hazards and illustrate 
     the potential scope, magnitude, and complexity of a broad 
     range of representative hazards; and
       (2) provide the minimum number of representative scenarios 
     necessary to identify and define the tasks and target 
     capabilities required to respond to all hazards.

     SEC. 646. TARGET CAPABILITIES AND PREPAREDNESS PRIORITIES.

       (a) Establishment of Guidelines on Target Capabilities.--
     Not later than 180 days after the date of enactment of this 
     Act, the Administrator, in coordination with the heads of 
     appropriate Federal agencies, the National Council on 
     Disability, and the National Advisory Council, shall 
     complete, revise, and update, as necessary, guidelines to 
     define risk-based target capabilities for Federal, State, 
     local, and tribal government preparedness that will enable 
     the Nation to prevent, respond to, recover from, and mitigate 
     against all hazards, including natural disasters, acts of 
     terrorism, and other man-made disasters.
       (b) Distribution of Guidelines.--The Administrator shall 
     ensure that the guidelines are provided promptly to the 
     appropriate committees of Congress and the States.
       (c) Objectives.--The Administrator shall ensure that the 
     guidelines are specific, flexible, and measurable.
       (d) Terrorism Risk Assessment.--With respect to analyzing 
     and assessing the risk of acts of terrorism, the 
     Administrator shall consider--
       (1) the variables of threat, vulnerability, and 
     consequences related to population (including transient 
     commuting and tourist populations),

[[Page H7804]]

     areas of high population density, critical infrastructure, 
     coastline, and international borders; and
       (2) the most current risk assessment available from the 
     Chief Intelligence Officer of the Department of the threats 
     of terrorism against the United States.
       (e) Preparedness Priorities.--In establishing the 
     guidelines under subsection (a), the Administrator shall 
     establish preparedness priorities that appropriately balance 
     the risk of all hazards, including natural disasters, acts of 
     terrorism, and other man-made disasters, with the resources 
     required to prevent, respond to, recover from, and mitigate 
     against the hazards.
       (f) Mutual Aid Agreements.--The Administrator may provide 
     support for the development of mutual aid agreements within 
     States.

     SEC. 647. EQUIPMENT AND TRAINING STANDARDS.

       (a) Equipment Standards.--
       (1) In general.--The Administrator, in coordination with 
     the heads of appropriate Federal agencies and the National 
     Advisory Council, shall support the development, 
     promulgation, and updating, as necessary, of national 
     voluntary consensus standards for the performance, use, and 
     validation of equipment used by Federal, State, local, and 
     tribal governments and nongovernmental emergency response 
     providers.
       (2) Requirements.--The national voluntary consensus 
     standards shall--
       (A) be designed to achieve equipment and other capabilities 
     consistent with the national preparedness goal, including the 
     safety and health of emergency response providers;
       (B) to the maximum extent practicable, be consistent with 
     existing national voluntary consensus standards;
       (C) take into account, as appropriate, threats that may not 
     have been contemplated when the existing standards were 
     developed; and
       (D) focus on maximizing operability, interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety.
       (b) Training Standards.--The Administrator shall--
       (1) support the development, promulgation, and regular 
     updating, as necessary, of national voluntary consensus 
     standards for training; and
       (2) ensure that the training provided under the national 
     training program is consistent with the standards.
       (c) Consultation With Standards Organizations.--In carrying 
     out this section, the Administrator shall consult with 
     representatives of relevant public and private sector 
     national voluntary consensus standards development 
     organizations.

     SEC. 648. TRAINING AND EXERCISES.

       (a) National Training Program.--
       (1) In general.--Beginning not later than 180 days after 
     the date of enactment of this Act, the Administrator, in 
     coordination with the heads of appropriate Federal agencies, 
     the National Council on Disability, and the National Advisory 
     Council, shall carry out a national training program to 
     implement the national preparedness goal, National Incident 
     Management System, National Response Plan, and other related 
     plans and strategies.
       (2) Training partners.--In developing and implementing the 
     national training program, the Administrator shall--
       (A) work with government training facilities, academic 
     institutions, private organizations, and other entities that 
     provide specialized, state-of-the-art training for emergency 
     managers or emergency response providers; and
       (B) utilize, as appropriate, training courses provided by 
     community colleges, State and local public safety academies, 
     State and private universities, and other facilities.
       (b) National Exercise Program.--
       (1) In general.--Beginning not later than 180 days after 
     the date of enactment of this Act, the Administrator, in 
     coordination with the heads of appropriate Federal agencies, 
     the National Council on Disability, and the National Advisory 
     Council, shall carry out a national exercise program to test 
     and evaluate the national preparedness goal, National 
     Incident Management System, National Response Plan, and other 
     related plans and strategies.
       (2) Requirements.--The national exercise program--
       (A) shall be--
       (i) as realistic as practicable, based on current risk 
     assessments, including credible threats, vulnerabilities, and 
     consequences, and designed to stress the national 
     preparedness system;
       (ii) designed, as practicable, to simulate the partial or 
     complete incapacitation of a State, local, or tribal 
     government;
       (iii) carried out, as appropriate, with a minimum degree of 
     notice to involved parties regarding the timing and details 
     of such exercises, consistent with safety considerations;
       (iv) designed to provide for systematic evaluation of 
     readiness; and
       (v) designed to address the unique requirements of 
     populations with special needs; and
       (B) shall provide assistance to State, local, and tribal 
     governments with the design, implementation, and evaluation 
     of exercises that--
       (i) conform to the requirements under subparagraph (A);
       (ii) are consistent with any applicable State, local, or 
     tribal strategy or plan; and
       (iii) provide for systematic evaluation of readiness.
       (3) National level exercises.--The Administrator shall 
     periodically, but not less than biennially, perform national 
     exercises for the following purposes:
       (A) To test and evaluate the capability of Federal, State, 
     local, and tribal governments to detect, disrupt, and prevent 
     threatened or actual catastrophic acts of terrorism, 
     especially those involving weapons of mass destruction.
       (B) To test and evaluate the readiness of Federal, State, 
     local, and tribal governments to respond and recover in a 
     coordinated and unified manner to catastrophic incidents.

     SEC. 649. COMPREHENSIVE ASSESSMENT SYSTEM.

       (a) Establishment.--The Administrator, in coordination with 
     the National Council on Disability and the National Advisory 
     Council, shall establish a comprehensive system to assess, on 
     an ongoing basis, the Nation's prevention capabilities and 
     overall preparedness, including operational readiness.
       (b) Performance Metrics and Measures.--The Administrator 
     shall ensure that each component of the national preparedness 
     system, National Incident Management System, National 
     Response Plan, and other related plans and strategies, and 
     the reports required under section 652 is developed, revised, 
     and updated with clear and quantifiable performance metrics, 
     measures, and outcomes.
       (c) Contents.--The assessment system established under 
     subsection (a) shall assess--
       (1) compliance with the national preparedness system, 
     National Incident Management System, National Response Plan, 
     and other related plans and strategies;
       (2) capability levels at the time of assessment against 
     target capability levels defined pursuant to the guidelines 
     established under section 646(a);
       (3) resource needs to meet the desired target capability 
     levels defined pursuant to the guidelines established under 
     section 646(a); and
       (4) performance of training, exercises, and operations.

     SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.

       The Administrator, in coordination with the National 
     Council on Disability and the National Advisory Council, 
     shall establish a remedial action management program to--
       (1) analyze training, exercises, and real-world events to 
     identify and disseminate lessons learned and best practices;
       (2) generate and disseminate, as appropriate, after action 
     reports to participants in exercises and real-world events; 
     and
       (3) conduct remedial action tracking and long-term trend 
     analysis.

     SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.

       (a) In General.--In accordance with section 611(h)(1)(C) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5196(h)(1)(C), the Administrator 
     shall accelerate the completion of the inventory of Federal 
     response capabilities.
       (b) Contents.--The inventory shall include--
       (1) for each capability--
       (A) the performance parameters of the capability;
       (B) the timeframe within which the capability can be 
     brought to bear on an incident; and
       (C) the readiness of the capability to respond to all 
     hazards, including natural disasters, acts of terrorism, and 
     other man-made disasters; and
       (2) emergency communications assets maintained by the 
     Federal Government and, if appropriate, State, local, and 
     tribal governments and the private sector.
       (c) Department of Defense.--The Administrator, in 
     coordination with the Secretary of Defense, shall develop a 
     list of organizations and functions within the Department of 
     Defense that may be used, pursuant to the authority provided 
     under the National Response Plan and sections 402, 403, and 
     502 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide 
     support to civil authorities during natural disasters, acts 
     of terrorism, and other man-made disasters.
       (d) Database.--The Administrator shall establish an 
     inventory database to allow--
       (1) real-time exchange of information regarding 
     capabilities, readiness, or the compatibility of equipment;
       (2) easy identification and rapid deployment during an 
     incident; and
       (3) the sharing of inventories with other Federal agencies, 
     as appropriate.

     SEC. 652. REPORTING REQUIREMENTS.

       (a) Federal Preparedness Report.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator, in coordination with the heads of 
     appropriate Federal agencies, shall submit to the 
     appropriate committees of Congress a report on the 
     Nation's level of preparedness for all hazards, including 
     natural disasters, acts of terrorism, and other man-made 
     disasters.
       (2) Contents.--Each report shall include--
       (A) an assessment of how Federal assistance supports the 
     national preparedness system;
       (B) the results of the comprehensive assessment carried out 
     under section 649;
       (C) a review of the inventory described in section 651(a); 
     and
       (D) an assessment of resource needs to meet preparedness 
     priorities established under section 646(e), including--
       (i) an estimate of the amount of Federal, State, local, and 
     tribal expenditures required to attain the preparedness 
     priorities; and
       (ii) the extent to which the use of Federal assistance 
     during the preceding fiscal year achieved the preparedness 
     priorities.
       (b) Catastrophic Resource Report.--
       (1) In general.--The Administrator shall develop and submit 
     to the appropriate committees of Congress annually an 
     estimate of the resources of the Agency and other Federal 
     agencies needed for and devoted specifically to developing 
     the capabilities of Federal, State, local, and tribal 
     governments necessary to respond to a catastrophic incident.
       (2) Contents.--Each estimate under paragraph (1) shall 
     include the resources both necessary for and devoted to--
       (A) planning

[[Page H7805]]

       (B) training and exercises;
       (C) Regional Office enhancements;
       (D) staffing, including for surge capacity during a 
     catastrophic incident;
       (E) additional logistics capabilities;
       (F) other responsibilities under the catastrophic incident 
     annex and the catastrophic incident supplement of the 
     National Response Plan;
       (G) State, local, and tribal government catastrophic 
     incident preparedness; and
       (H) covering increases in the fixed costs or expenses of 
     the Agency, including rent or property acquisition costs or 
     expenses, taxes, contributions to the working capital fund of 
     the Department, and security costs for the year after the 
     year in which such estimate is submitted.
       (c) State Preparedness Report.--
       (1) In general.--Not later than 15 months after the date of 
     enactment of this Act, and annually thereafter, a State 
     receiving Federal preparedness assistance administered by the 
     Department shall submit a report to the Administrator on the 
     State's level of preparedness.
       (2) Contents.--Each report shall include--
       (A) an assessment of State compliance with the national 
     preparedness system, National Incident Management System, 
     National Response Plan, and other related plans and 
     strategies;
       (B) an assessment of current capability levels and a 
     description of target capability levels; and
       (C) an assessment of resource needs to meet the 
     preparedness priorities established under section 646(e), 
     including--
       (i) an estimate of the amount of expenditures required to 
     attain the preparedness priorities; and
       (ii) the extent to which the use of Federal assistance 
     during the preceding fiscal year achieved the preparedness 
     priorities.

     SEC. 653. FEDERAL PREPAREDNESS.

       (a) Agency Responsibility.--In support of the national 
     preparedness system, the President shall ensure that each 
     Federal agency with coordinating, primary, or supporting 
     responsibilities under the National Response Plan--
       (1) has the operational capability to meet the national 
     preparedness goal, including--
       (A) the personnel to make and communicate decisions;
       (B) organizational structures that are assigned, trained, 
     and exercised for the missions of the agency;
       (C) sufficient physical resources; and
       (D) the command, control, and communication channels to 
     make, monitor, and communicate decisions;
       (2) complies with the National Incident Management System;
       (3) develops, trains, and exercises rosters of response 
     personnel to be deployed when the agency is called upon to 
     support a Federal response; and
       (4) develops deliberate operational plans and the 
     corresponding capabilities, including crisis planning, to 
     respond effectively to natural disasters, acts of terrorism, 
     and other man-made disasters in support of the National 
     Response Plan to ensure a coordinated Federal response.
       (b) Operational Plans.--An operations plan developed under 
     subsection (a)(4) shall meet the following requirements:
       (1) The operations plan shall be coordinated under a 
     unified system with a common terminology, approach, and 
     framework.
       (2) The operations plan shall be developed, in coordination 
     with State, local, and tribal government officials, to 
     address both regional and national risks.
       (3) The operations plan shall contain, as appropriate, the 
     following elements:
       (A) Concepts of operations.
       (B) Critical tasks and responsibilities.
       (C) Detailed resource and personnel requirements, together 
     with sourcing requirements.
       (D) Specific provisions for the rapid integration of the 
     resources and personnel of the agency into the overall 
     response.
       (4) The operations plan shall address, as appropriate, the 
     following matters:
       (A) Support of State, local, and tribal governments in 
     conducting mass evacuations, including--
       (i) transportation and relocation;
       (ii) short- and long-term sheltering and accommodation;
       (iii) provisions for populations with special needs, 
     keeping families together, and expeditious location of 
     missing children; and
       (iv) policies and provisions for pets.
       (B) The preparedness and deployment of public health and 
     medical resources, including resources to address the needs 
     of evacuees and populations with special needs.
       (C) The coordination of interagency search and rescue 
     operations, including land, water, and airborne search and 
     rescue operations.
       (D) The roles and responsibilities of the Senior Federal 
     Law Enforcement Official with respect to other law 
     enforcement entities.
       (E) The protection of critical infrastructure.
       (F) The coordination of maritime salvage efforts among 
     relevant agencies.
       (G) The coordination of Department of Defense and National 
     Guard support of civilian authorities.
       (H) To the extent practicable, the utilization of 
     Department of Defense, National Air and Space Administration, 
     National Oceanic and Atmospheric Administration, and 
     commercial aircraft and satellite remotely sensed imagery.
       (I) The coordination and integration of support from the 
     private sector and nongovernmental organizations.
       (J) The safe disposal of debris, including hazardous 
     materials, and, when practicable, the recycling of debris.
       (K) The identification of the required surge capacity.
       (L) Specific provisions for the recovery of affected 
     geographic areas.
       (c) Mission Assignments.--To expedite the provision of 
     assistance under the National Response Plan, the President 
     shall ensure that the Administrator, in coordination with 
     Federal agencies with responsibilities under the National 
     Response Plan, develops prescripted mission assignments, 
     including logistics, communications, mass care, health 
     services, and public safety.
       (d) Certification.--The President shall certify on an 
     annual basis that each Federal agency with coordinating, 
     primary, or supporting responsibilities under the National 
     Response Plan complies with subsections (a) and (b).
       (e) Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary of Defense 
     with regard to--
       (1) the command, control, training, planning, equipment, 
     exercises, or employment of Department of Defense forces; or
       (2) the allocation of Department of Defense resources.

     SEC. 654. USE OF EXISTING RESOURCES.

       In establishing the national preparedness goal and national 
     preparedness system, the Administrator shall use existing 
     preparedness documents, planning tools, and guidelines to the 
     extent practicable and consistent with this Act.

                   CHAPTER 2--ADDITIONAL PREPAREDNESS

     SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

       (a) In General.--The Administrator may make grants to 
     administer 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--
       (1) to carry out recommendations identified in the 
     Emergency Management Assistance Compact after-action reports 
     for the 2004 and 2005 hurricane season;
       (2) to administer compact operations on behalf of all 
     member States and territories;
       (3) to continue coordination with the Agency and 
     appropriate Federal agencies;
       (4) to continue coordination with State, local, and tribal 
     government entities and their respective national 
     organizations; and
       (5) to assist State and local governments, emergency 
     response providers, and organizations representing such 
     providers with credentialing emergency response providers and 
     the typing of emergency response resources.
       (c)  Coordination.--The Administrator shall consult with 
     the Administrator of the Emergency Management Assistance 
     Compact to ensure effective coordination of efforts in 
     responding to requests for assistance.
       (d) Authorization.--There is authorized to be appropriated 
     to carry out this section $4,000,000 for fiscal year 2008. 
     Such sums shall remain available until expended.

     SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

       There is authorized to be appropriated for the Emergency 
     Management Performance Grants Program for fiscal year 2008, 
     an amount equal to the amount appropriated for the program 
     for fiscal year 2007 and an additional $175,000,000.

     SEC. 663. TRANSFER OF NOBLE TRAINING CENTER.

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

     SEC. 664. NATIONAL EXERCISE SIMULATION CENTER.

       The President shall establish a national exercise 
     simulation center that--
       (1) uses a mix of live, virtual, and constructive 
     simulations to--
       (A) prepare elected officials, emergency managers, 
     emergency response providers, and emergency support providers 
     at all levels of government to operate cohesively;
       (B) provide a learning environment for the homeland 
     security personnel of all Federal agencies;
       (C) assist in the development of operational procedures and 
     exercises, particularly those based on catastrophic 
     incidents; and
       (D) allow incident commanders to exercise decisionmaking in 
     a simulated environment; and
       (2) uses modeling and simulation for training, exercises, 
     and command and control functions at the operational level.
                  Subtitle D--Emergency Communications

     SEC. 671. EMERGENCY COMMUNICATIONS.

       (a) Short Title.--This section may be cited as the ``21st 
     Century Emergency Communications Act of 2006''.
       (b) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by adding at the end the 
     following new title:
                ``TITLE XVIII--EMERGENCY COMMUNICATIONS

     ``SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.

       ``(a) In General.--There is established in the Department 
     an Office of Emergency Communications.
       ``(b) Director.--The head of the office shall be the 
     Director for Emergency Communications. The Director shall 
     report to the Assistant Secretary for Cybersecurity and 
     Communications.
       ``(c) Responsibilities.--The Director for Emergency 
     Communications shall--
       ``(1) assist the Secretary in developing and implementing 
     the program described in section 7303(a)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 194(a)(1)), except as provided in section 314;
       ``(2) administer the Department's responsibilities and 
     authorities relating to the SAFECOM Program, excluding 
     elements related to research,

[[Page H7806]]

     development, testing, and evaluation and standards;
       ``(3) administer the Department's responsibilities and 
     authorities relating to the Integrated Wireless Network 
     program;
       ``(4) conduct extensive, nationwide outreach to support and 
     promote the ability of emergency response providers and 
     relevant government officials to continue to communicate in 
     the event of natural disasters, acts of terrorism, and other 
     man-made disasters;
       ``(5) conduct extensive, nationwide outreach and foster the 
     development of interoperable emergency communications 
     capabilities by State, regional, local, and tribal 
     governments and public safety agencies, and by regional 
     consortia thereof;
       ``(6) provide technical assistance to State, regional, 
     local, and tribal government officials with respect to use of 
     interoperable emergency communications capabilities;
       ``(7) coordinate with the Regional Administrators regarding 
     the activities of Regional Emergency Communications 
     Coordination Working Groups under section 1805;
       ``(8) promote the development of standard operating 
     procedures and best practices with respect to use of 
     interoperable emergency communications capabilities for 
     incident response, and facilitate the sharing of information 
     on such best practices for achieving, maintaining, and 
     enhancing interoperable emergency communications capabilities 
     for such response;
       ``(9) coordinate, in cooperation with the National 
     Communications System, the establishment of a national 
     response capability with initial and ongoing planning, 
     implementation, and training for the deployment of 
     communications equipment for relevant State, local, and 
     tribal governments and emergency response providers in the 
     event of a catastrophic loss of local and regional emergency 
     communications services;
       ``(10) assist the President, the National Security Council, 
     the Homeland Security Council, and the Director of the Office 
     of Management and Budget in ensuring the continued operation 
     of the telecommunications functions and responsibilities of 
     the Federal Government, excluding spectrum management;
       ``(11) establish, in coordination with the Director of the 
     Office for Interoperability and Compatibility, requirements 
     for interoperable emergency communications capabilities, 
     which shall be nonproprietary where standards for such 
     capabilities exist, for all public safety radio and data 
     communications systems and equipment purchased using homeland 
     security assistance administered by the Department, excluding 
     any alert and warning device, technology, or system;
       ``(12) review, in consultation with the Assistant Secretary 
     for Grants and Training, all interoperable emergency 
     communications plans of Federal, State, local, and tribal 
     governments, including Statewide and tactical 
     interoperability plans, developed pursuant to homeland 
     security assistance administered by the Department, but 
     excluding spectrum allocation and management related to such 
     plans;
       ``(13) develop and update periodically, as appropriate, a 
     National Emergency Communications Plan under section 1802;
       ``(14) perform such other duties of the Department 
     necessary to support and promote the ability of emergency 
     response providers and relevant government officials to 
     continue to communicate in the event of natural disasters, 
     acts of terrorism, and other man-made disasters; and
       ``(15) perform other duties of the Department necessary to 
     achieve the goal of and maintain and enhance interoperable 
     emergency communications capabilities.
       ``(d) Performance of Previously Transferred Functions.--The 
     Secretary shall transfer to, and administer through, the 
     Director for Emergency Communications the following programs 
     and responsibilities:
       ``(1) The SAFECOM Program, excluding elements related to 
     research, development, testing, and evaluation and standards.
       ``(2) The responsibilities of the Chief Information Officer 
     related to the implementation of the Integrated Wireless 
     Network.
       ``(3) The Interoperable Communications Technical Assistance 
     Program.
       ``(e) Coordination.--The Director for Emergency 
     Communications shall coordinate--
       ``(1) as appropriate, with the Director of the Office for 
     Interoperability and Compatibility with respect to the 
     responsibilities described in section 314; and
       ``(2) with the Administrator of the Federal Emergency 
     Management Agency with respect to the responsibilities 
     described in this title.
       ``(f) Sufficiency of Resources Plan.--
       ``(1) Report.--Not later than 120 days after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress a report on the resources and staff necessary to 
     carry out fully the responsibilities under this title.
       ``(2) Comptroller general review.--The Comptroller General 
     shall review the validity of the report submitted by the 
     Secretary under paragraph (1). Not later than 60 days after 
     the date on which such report is submitted, the Comptroller 
     General shall submit to Congress a report containing the 
     findings of such review.

     ``SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.

       ``(a) In General.--The Secretary, acting through the 
     Director for Emergency Communications, and in cooperation 
     with the Department of National Communications System (as 
     appropriate), shall, in cooperation with State, local, and 
     tribal governments, Federal departments and agencies, 
     emergency response providers, and the private sector, develop 
     not later than 180 days after the completion of the baseline 
     assessment under section 1803, and periodically update, a 
     National Emergency Communications Plan to provide 
     recommendations regarding how the United States should--
       ``(1) support and promote the ability of emergency response 
     providers and relevant government officials to continue to 
     communicate in the event of natural disasters, acts of 
     terrorism, and other man-made disasters; and
       ``(2) ensure, accelerate, and attain interoperable 
     emergency communications nationwide.
       ``(b) Coordination.--The Emergency Communications 
     Preparedness Center under section 1806 shall coordinate the 
     development of the Federal aspects of the National Emergency 
     Communications Plan.
       ``(c) Contents.--The National Emergency Communications Plan 
     shall--
       ``(1) include recommendations developed in consultation 
     with the Federal Communications Commission and the National 
     Institute of Standards and Technology for a process for 
     expediting national voluntary consensus standards for 
     emergency communications equipment for the purchase and use 
     by public safety agencies of interoperable emergency 
     communications equipment and technologies;
       ``(2) identify the appropriate capabilities necessary for 
     emergency response providers and relevant government 
     officials to continue to communicate in the event of natural 
     disasters, acts of terrorism, and other man-made disasters;
       ``(3) identify the appropriate interoperable emergency 
     communications capabilities necessary for Federal, State, 
     local, and tribal governments in the event of natural 
     disasters, acts of terrorism, and other man-made disasters;
       ``(4) recommend both short-term and long-term solutions for 
     ensuring that emergency response providers and relevant 
     government officials can continue to communicate in the event 
     of natural disasters, acts of terrorism, and other man-made 
     disasters;
       ``(5) recommend both short-term and long-term solutions for 
     deploying interoperable emergency communications systems for 
     Federal, State, local, and tribal governments throughout the 
     Nation, including through the provision of existing and 
     emerging technologies;
       ``(6) identify how Federal departments and agencies that 
     respond to natural disasters, acts of terrorism, and other 
     man-made disasters can work effectively with State, local, 
     and tribal governments, in all States, and with other 
     entities;
       ``(7) identify obstacles to deploying interoperable 
     emergency communications capabilities nationwide and 
     recommend short-term and long-term measures to overcome those 
     obstacles, including recommendations for multijurisdictional 
     coordination among Federal, State, local, and tribal 
     governments;
       ``(8) recommend goals and timeframes for the deployment of 
     emergency, command-level communications systems based on new 
     and existing equipment across the United States and develop a 
     timetable for the deployment of interoperable emergency 
     communications systems nationwide; and
       ``(9) recommend appropriate measures that emergency 
     response providers should employ to ensure the continued 
     operation of relevant governmental communications 
     infrastructure in the event of natural disasters, acts of 
     terrorism, or other man-made disasters.

     ``SEC. 1803. ASSESSMENTS AND REPORTS.

       ``(a) Baseline Assessment.--Not later than 1 year after the 
     date of enactment of this section and not less than every 5 
     years thereafter, the Secretary, acting through the Director 
     for Emergency Communications, shall conduct an assessment of 
     Federal, State, local, and tribal governments that--
       ``(1) defines the range of capabilities needed by emergency 
     response providers and relevant government officials to 
     continue to communicate in the event of natural disasters, 
     acts of terrorism, and other man-made disasters;
       ``(2) defines the range of interoperable emergency 
     communications capabilities needed for specific events;
       ``(3) assesses the current available capabilities to meet 
     such communications needs;
       ``(4) identifies the gap between such current capabilities 
     and defined requirements; and
       ``(5) includes a national interoperable emergency 
     communications inventory to be completed by the Secretary of 
     Homeland Security, the Secretary of Commerce, and the 
     Chairman of the Federal Communications Commission that--
       ``(A) identifies for each Federal department and agency--
       ``(i) the channels and frequencies used;
       ``(ii) the nomenclature used to refer to each channel or 
     frequency used; and
       ``(iii) the types of communications systems and equipment 
     used; and
       ``(B) identifies the interoperable emergency communications 
     systems in use by public safety agencies in the United 
     States.
       ``(b) Classified Annex.--The baseline assessment under this 
     section may include a classified annex including information 
     provided under subsection (a)(5)(A).
       ``(c) Savings Clause.--In conducting the baseline 
     assessment under this section, the Secretary may incorporate 
     findings from assessments conducted before, or ongoing on, 
     the date of enactment of this title.
       ``(d) Progress Reports.--Not later than one year after the 
     date of enactment of this section and biennially thereafter, 
     the Secretary, acting through the Director for Emergency 
     Communications, shall submit to Congress a report on the 
     progress of the Department in achieving the goals of, and 
     carrying out its responsibilities under, this title, 
     including--
       ``(1) a description of the findings of the most recent 
     baseline assessment conducted under subsection (a);
       ``(2) a determination of the degree to which interoperable 
     emergency communications capabilities have been attained to 
     date and the gaps that remain for interoperability to be 
     achieved;

[[Page H7807]]

       ``(3) an evaluation of the ability to continue to 
     communicate and to provide and maintain interoperable 
     emergency communications by emergency managers, emergency 
     response providers, and relevant government officials in the 
     event of--
       ``(A) natural disasters, acts of terrorism, or other man-
     made disasters, including Incidents of National Significance 
     declared by the Secretary under the National Response Plan; 
     and
       ``(B) a catastrophic loss of local and regional 
     communications services;
       ``(4) a list of best practices relating to the ability to 
     continue to communicate and to provide and maintain 
     interoperable emergency communications in the event of 
     natural disasters, acts of terrorism, or other man-made 
     disasters; and
       ``(A) an evaluation of the feasibility and desirability of 
     the Department developing, on its own or in conjunction with 
     the Department of Defense, a mobile communications 
     capability, modeled on the Army Signal Corps, that could be 
     deployed to support emergency communications at the site of 
     natural disasters, acts of terrorism, or other man-made 
     disasters.

     ``SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY 
                   COMMUNICATIONS GRANT PROGRAMS.

       ``(a) Coordination of Grants and Standards Programs.--The 
     Secretary, acting through the Director for Emergency 
     Communications, shall ensure that grant guidelines for the 
     use of homeland security assistance administered by the 
     Department relating to interoperable emergency communications 
     are coordinated and consistent with the goals and 
     recommendations in the National Emergency Communications Plan 
     under section 1802.
       ``(b) Denial of Eligibility for Grants.--
       ``(1) In general.--The Secretary, acting through the 
     Assistant Secretary for Grants and Planning, and in 
     consultation with the Director for Emergency Communications, 
     may prohibit any State, local, or tribal government from 
     using homeland security assistance administered by the 
     Department to achieve, maintain, or enhance emergency 
     communications capabilities, if--
       ``(A) such government has not complied with the requirement 
     to submit a Statewide Interoperable Communications Plan as 
     required by section 7303(f) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 194(f));
       ``(B) such government has proposed to upgrade or purchase 
     new equipment or systems that do not meet or exceed any 
     applicable national voluntary consensus standards and has not 
     provided a reasonable explanation of why such equipment or 
     systems will serve the needs of the applicant better than 
     equipment or systems that meet or exceed such standards; and
       ``(C) as of the date that is 3 years after the date of the 
     completion of the initial National Emergency Communications 
     Plan under section 1802, national voluntary consensus 
     standards for interoperable emergency communications 
     capabilities have not been developed and promulgated.
       ``(2) Standards.--The Secretary, in coordination with the 
     Federal Communications Commission, the National Institute of 
     Standards and Technology, and other Federal departments and 
     agencies with responsibility for standards, shall support the 
     development, promulgation, and updating as necessary of 
     national voluntary consensus standards for interoperable 
     emergency communications.

     ``SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

       ``(a) In General.--There is established in each Regional 
     Office a Regional Emergency Communications Coordination 
     Working Group (in this section referred to as an `RECC 
     Working Group'). Each RECC Working Group shall report to the 
     relevant Regional Administrator and coordinate its activities 
     with the relevant Regional Advisory Council.
       ``(b) Membership.--Each RECC Working Group shall consist of 
     the following:
       ``(1) Non-federal.--Organizations representing the 
     interests of the following:
       ``(A) State officials.
       ``(B) Local government officials, including sheriffs.
       ``(C) State police departments.
       ``(D) Local police departments.
       ``(E) Local fire departments.
       ``(F) Public safety answering points (9-1-1 services).
       ``(G) State emergency managers, homeland security 
     directors, or representatives of State Administrative 
     Agencies.
       ``(H) Local emergency managers or homeland security 
     directors.
       ``(I) Other emergency response providers as appropriate.
       ``(2) Federal.--Representatives from the Department, the 
     Federal Communications Commission, and other Federal 
     departments and agencies with responsibility for coordinating 
     interoperable emergency communications with or providing 
     emergency support services to State, local, and tribal 
     governments.
       ``(c) Coordination.--Each RECC Working Group shall 
     coordinate its activities with the following:
       ``(1) Communications equipment manufacturers and vendors 
     (including broadband data service providers).
       ``(2) Local exchange carriers.
       ``(3) Local broadcast media.
       ``(4) Wireless carriers.
       ``(5) Satellite communications services.
       ``(6) Cable operators.
       ``(7) Hospitals.
       ``(8) Public utility services.
       ``(9) Emergency evacuation transit services.
       ``(10) Ambulance services.
       ``(11) HAM and amateur radio operators.
       ``(12) Representatives from other private sector entities 
     and nongovernmental organizations as the Regional 
     Administrator determines appropriate.
       ``(d) Duties.--The duties of each RECC Working Group shall 
     include--
       ``(1) assessing the survivability, sustainability, and 
     interoperability of local emergency communications systems to 
     meet the goals of the National Emergency Communications Plan;
       ``(2) reporting annually to the relevant Regional 
     Administrator, the Director for Emergency Communications, the 
     Chairman of the Federal Communications Commission, and the 
     Assistant Secretary for Communications and Information of the 
     Department of Commerce on the status of its region in 
     building robust and sustainable interoperable voice and data 
     emergency communications networks and, not later than 60 days 
     after the completion of the initial National Emergency 
     Communications Plan under section 1802, on the progress of 
     the region in meeting the goals of such plan;
       ``(3) ensuring a process for the coordination of effective 
     multijurisdictional, multi-agency emergency communications 
     networks for use during natural disasters, acts of terrorism, 
     and other man-made disasters through the expanded use of 
     emergency management and public safety communications mutual 
     aid agreements; and
       ``(4) coordinating the establishment of Federal, State, 
     local, and tribal support services and networks designed to 
     address the immediate and critical human needs in responding 
     to natural disasters, acts of terrorism, and other man-made 
     disasters.

     ``SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

       ``(a) Establishment.--There is established the Emergency 
     Communications Preparedness Center (in this section referred 
     to as the `Center').
       ``(b) Operation.--The Secretary, the Chairman of the 
     Federal Communications Commission, the Secretary of Defense, 
     the Secretary of Commerce, the Attorney General of the United 
     States, and the heads of other Federal departments and 
     agencies or their designees shall jointly operate the Center 
     in accordance with the Memorandum of Understanding entitled, 
     `Emergency Communications Preparedness Center (ECPC) 
     Charter'.
       ``(c) Functions.--The Center shall--
       ``(1) serve as the focal point for interagency efforts and 
     as a clearinghouse with respect to all relevant 
     intergovernmental information to support and promote 
     (including specifically by working to avoid duplication, 
     hindrances, and counteractive efforts among the participating 
     Federal departments and agencies)--
       ``(A) the ability of emergency response providers and 
     relevant government officials to continue to communicate in 
     the event of natural disasters, acts of terrorism, and other 
     man-made disasters; and
       ``(B) interoperable emergency communications;
       ``(2) prepare and submit to Congress, on an annual basis, a 
     strategic assessment regarding the coordination efforts of 
     Federal departments and agencies to advance--
       ``(A) the ability of emergency response providers and 
     relevant government officials to continue to communicate in 
     the event of natural disasters, acts of terrorism, and other 
     man-made disasters; and
       ``(B) interoperable emergency communications;
       ``(3) consider, in preparing the strategic assessment under 
     paragraph (2), the goals stated in the National Emergency 
     Communications Plan under section 1802; and
       ``(4) perform such other functions as are provided in the 
     Emergency Communications Preparedness Center (ECPC) Charter 
     described in subsection (b)(1).

     ``SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS 
                   CAPABILITIES.

       ``(a) In General.--The Secretary, in consultation with the 
     Chairman of the Federal Communications Commission and the 
     Secretary of Defense, and with appropriate State, local, and 
     tribal government officials, shall provide technical 
     guidance, training, and other assistance, as appropriate, to 
     support the rapid establishment of consistent, secure, and 
     effective interoperable emergency communications capabilities 
     in the event of an emergency in urban and other areas 
     determined by the Secretary to be at consistently high levels 
     of risk from natural disasters, acts of terrorism, and other 
     man-made disasters.
       ``(b) Minimum Capabilities.--The interoperable emergency 
     communications capabilities established under subsection (a) 
     shall ensure the ability of all levels of government, 
     emergency response providers, the private sector, and other 
     organizations with emergency response capabilities--
       ``(1) to communicate with each other in the event of an 
     emergency;
       ``(2) to have appropriate and timely access to the 
     Information Sharing Environment described in section 1016 of 
     the National Security Intelligence Reform Act of 2004 (6 
     U.S.C. 321); and
       ``(3) to be consistent with any applicable State or Urban 
     Area homeland strategy or plan.

     ``SEC. 1808. DEFINITION.

       ``In this title, the term `interoperable' has the meaning 
     given the term `interoperable communications' under section 
     7303(g)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(g)(1)).''.
       (c) Clerical Amendment.--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 adding at the end the following:

                ``TITLE XVIII--EMERGENCY COMMUNICATIONS

``Sec. 1801. Office for Emergency Communications
``Sec. 1802. National Emergency Communications Plan.
``Sec. 1803. Assessments and reports
``Sec. 1804. Coordination of Federal emergency communications grant 
              programs

[[Page H7808]]

``Sec. 1805. Regional emergency communications coordination
``Sec. 1806. Emergency Communications Preparedness Center
``Sec. 1807. Urban and other high risk area communications capabilities
``Sec. 1808. Definition.''.

     SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

       ``(a) Clarification of Responsibilities.--The Director of 
     the Office for Interoperability and Compatibility shall--
       ``(1) assist the Secretary in developing and implementing 
     the science and technology aspects of the program described 
     in subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (6 U.S.C. 194(a)(1));
       ``(2) in coordination with the Federal Communications 
     Commission, the National Institute of Standards and 
     Technology, and other Federal departments and agencies with 
     responsibility for standards, support the creation of 
     national voluntary consensus standards for interoperable 
     emergency communications;
       ``(3) establish a comprehensive research, development, 
     testing, and evaluation program for improving interoperable 
     emergency communications;
       ``(4) establish, in coordination with the Director for 
     Emergency Communications, requirements for interoperable 
     emergency communications capabilities, which shall be 
     nonproprietary where standards for such capabilities exist, 
     for all public safety radio and data communications systems 
     and equipment purchased using homeland security assistance 
     administered by the Department, excluding any alert and 
     warning device, technology, or system;
       ``(5) carry out the Department's responsibilities and 
     authorities relating to research, development, testing, 
     evaluation, or standards-related elements of the SAFECOM 
     Program;
       ``(6) evaluate and assess new technology in real-world 
     environments to achieve interoperable emergency 
     communications capabilities;
       ``(7) encourage more efficient use of existing resources, 
     including equipment, to achieve interoperable emergency 
     communications capabilities;
       ``(8) test public safety communications systems that are 
     less prone to failure, support new nonvoice services, use 
     spectrum more efficiently, and cost less than existing 
     systems;
       ``(9) coordinate with the private sector to develop 
     solutions to improve emergency communications capabilities 
     and achieve interoperable emergency communications 
     capabilities; and
       ``(10) conduct pilot projects, in coordination with the 
     Director for Emergency Communications, to test and 
     demonstrate technologies, including data and video, that 
     enhance--
       ``(A) the ability of emergency response providers and 
     relevant government officials to continue to communicate in 
     the event of natural disasters, acts of terrorism, and other 
     man-made disasters; and
       ``(B) interoperable emergency communications capabilities.
       ``(b) Coordination.--The Director of the Office for 
     Interoperability and Compatibility shall coordinate with the 
     Director for Emergency Communications with respect to the 
     SAFECOM program.
       ``(c) Sufficiency of Resources.--The Secretary shall 
     provide the Office for Interoperability and Compatibility the 
     resources and staff necessary to carry out the 
     responsibilities under this section.''.
       (b) Clerical Amendment.--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 inserting after the item relating to 
     section 313 the following:

``Sec. 314. Office for Interoperability and Compatibility.''.

     SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH 
                   AND DEVELOPMENT.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.), as amended by this Act, is 
     amended by adding at the end the following:

     ``SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY 
                   RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Under Secretary for Science and 
     Technology, acting through the Director of the Office for 
     Interoperability and Compatibility, shall establish a 
     comprehensive research and development program to support and 
     promote--
       ``(1) the ability of emergency response providers and 
     relevant government officials to continue to communicate in 
     the event of natural disasters, acts of terrorism, and other 
     man-made disasters; and
       ``(2) interoperable emergency communications capabilities 
     among emergency response providers and relevant government 
     officials, including by--
       ``(A) supporting research on a competitive basis, including 
     through the Directorate of Science and Technology and 
     Homeland Security Advanced Research Projects Agency; and
       ``(B) considering the establishment of a Center of 
     Excellence under the Department of Homeland Security Centers 
     of Excellence Program focused on improving emergency response 
     providers' communication capabilities.
       ``(b) Purposes.--The purposes of the program established 
     under subsection (a) include--
       ``(1) supporting research, development, testing, and 
     evaluation on emergency communication capabilities;
       ``(2) understanding the strengths and weaknesses of the 
     public safety communications systems in use;
       ``(3) examining how current and emerging technology can 
     make emergency response providers more effective, and how 
     Federal, State, local, and tribal government agencies can use 
     this technology in a coherent and cost-effective manner;
       ``(4) investigating technologies that could lead to long-
     term advancements in emergency communications capabilities 
     and supporting research on advanced technologies and 
     potential systemic changes to dramatically improve emergency 
     communications; and
       ``(5) evaluating and validating advanced technology 
     concepts, and facilitating the development and deployment of 
     interoperable emergency communication capabilities.
       ``(c) Definitions.--For purposes of this section, the term 
     `interoperable', with respect to emergency communications, 
     has the meaning given the term in section 1808.''.
       (b) Clerical Amendment.--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 inserting after the item relating to 
     section 314, as added by this Act, the following:

``Sec. 315. Emergency communications interoperability research and 
              development.''.

     SEC. 674. 911 AND E911 SERVICES REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Chairman of the Federal Communications Commission 
     shall submit a report to Congress on the status of efforts of 
     State, local, and tribal governments to develop plans for 
     rerouting 911 and E911 services in the event that public 
     safety answering points are disabled during natural 
     disasters, acts of terrorism, and other man-made disasters.

     SEC. 675. SAVINGS CLAUSE.

       Nothing in this subtitle shall be construed to transfer to 
     the Office of Emergency Communications any function, 
     personnel, asset, component, authority, grant program, or 
     liability of the Federal Emergency Management Agency as 
     constituted on June 1, 2006.
                  Subtitle E--Stafford Act Amendments

     SEC. 681. GENERAL FEDERAL ASSISTANCE.

       (a) Major Disasters.--Section 402 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170a) is amended--
       (1) in paragraph (1), by striking ``efforts'' and inserting 
     ``response or recovery efforts, including precautionary 
     evacuations'';
       (2) in paragraph (2), by striking the semicolon and 
     inserting ``, including precautionary evacuations and 
     recovery;'';
       (3) in paragraph (3)--
       (A) in subparagraph (D), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(F) recovery activities, including disaster impact 
     assessments and planning;'';
       (4) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (5) by adding at the end the following:
       ``(5) provide accelerated Federal assistance and Federal 
     support where necessary to save lives, prevent human 
     suffering, or mitigate severe damage, which may be provided 
     in the absence of a specific request and in which case the 
     President--
       ``(A) shall, to the fullest extent practicable, promptly 
     notify and coordinate with officials in a State in which such 
     assistance or support is provided; and
       ``(B) shall not, in notifying and coordinating with a State 
     under subparagraph (A), delay or impede the rapid deployment, 
     use, and distribution of critical resources to victims of a 
     major disaster.''.
       (b) Emergencies.--Section 502 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192) 
     is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking the semicolon and 
     inserting ``, including precautionary evacuations;'';
       (B) in paragraph (6), by striking ``and'' after the 
     semicolon;
       (C) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(8) provide accelerated Federal assistance and Federal 
     support where necessary to save lives, prevent human 
     suffering, or mitigate severe damage, which may be provided 
     in the absence of a specific request and in which case the 
     President--
       ``(A) shall, to the fullest extent practicable, promptly 
     notify and coordinate with a State in which such assistance 
     or support is provided; and
       ``(B) shall not, in notifying and coordinating with a State 
     under subparagraph (A), delay or impede the rapid deployment, 
     use, and distribution of critical resources to victims of an 
     emergency.'';
       (2) in subsection (b), by striking the period and inserting 
     ``, including precautionary evacuations.''; and
       (3) by adding at the end the following:
       ``(c) Guidelines.--The President shall promulgate and 
     maintain guidelines to assist Governors in requesting the 
     declaration of an emergency in advance of a natural or man-
     made disaster (including for the purpose of seeking 
     assistance with special needs and other evacuation efforts) 
     under this section by defining the types of assistance 
     available to affected States and the circumstances under 
     which such requests are likely to be approved.''.

     SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.

       (a) In General.--The Administrator, in coordination with 
     the Secretary of Housing and Urban Development, the 
     Administrator of the Environmental Protection Agency, the 
     Secretary

[[Page H7809]]

     of Agriculture, the Secretary of Commerce, the Secretary of 
     the Treasury, the Secretary of Transportation, the 
     Administrator of the Small Business Administration, the 
     Assistant Secretary for Indian Affairs of the Department of 
     the Interior, and the heads of other appropriate Federal 
     agencies, State, local, and tribal government officials 
     (including through the National Advisory Council), and 
     representatives of appropriate nongovernmental organizations 
     shall develop, coordinate, and maintain a National Disaster 
     Recovery Strategy to serve as a guide to recovery efforts 
     after major disasters and emergencies.
       (b) Contents.--The National Disaster Recovery Strategy 
     shall--
       (1) outline the most efficient and cost-effective Federal 
     programs that will meet the recovery needs of States, local 
     and tribal governments, and individuals and households 
     affected by a major disaster;
       (2) clearly define the role, programs, authorities, and 
     responsibilities of each Federal agency that may be of 
     assistance in providing assistance in the recovery from a 
     major disaster;
       (3) promote the use of the most appropriate and cost-
     effective building materials (based on the hazards present in 
     an area) in any area affected by a major disaster, with the 
     goal of encouraging the construction of disaster-resistant 
     buildings; and
       (4) describe in detail the programs that may be offered by 
     the agencies described in paragraph (2), including--
       (A) discussing funding issues;
       (B) detailing how responsibilities under the National 
     Disaster Recovery Strategy will be shared; and
       (C) addressing other matters concerning the cooperative 
     effort to provide recovery assistance.
       (c) Report.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report describing in 
     detail the National Disaster Recovery Strategy and any 
     additional authorities necessary to implement any portion of 
     the National Disaster Recovery Strategy.
       (2) Update.--The Administrator shall submit to the 
     appropriate committees of Congress a report updating the 
     report submitted under paragraph (1)--
       (A) on the same date that any change is made to the 
     National Disaster Recovery Strategy; and
       (B) on a periodic basis after the submission of the report 
     under paragraph (1), but not less than once every 5 years 
     after the date of the submission of the report under 
     paragraph (1).

     SEC. 683. NATIONAL DISASTER HOUSING STRATEGY.

       (a) In General.--The Administrator, in coordination with 
     representatives of the Federal agencies, governments, and 
     organizations listed in subsection (b)(2) of this section, 
     the National Advisory Council, the National Council on 
     Disability, and other entities at the Administrator's 
     discretion, shall develop, coordinate, and maintain a 
     National Disaster Housing Strategy.
       (b) Contents.--The National Disaster Housing Strategy 
     shall--
       (1) outline the most efficient and cost effective Federal 
     programs that will best meet the short-term and long-term 
     housing needs of individuals and households affected by a 
     major disaster;
       (2) clearly define the role, programs, authorities, and 
     responsibilities of each entity in providing housing 
     assistance in the event of a major disaster, including--
       (A) the Agency;
       (B) the Department of Housing and Urban Development;
       (C) the Department of Agriculture;
       (D) the Department of Veterans Affairs;
       (E) the Department of Health and Human Services;
       (F) the Bureau of Indian Affairs;
       (G) any other Federal agency that may provide housing 
     assistance in the event of a major disaster;
       (H) the American Red Cross; and
       (I) State, local, and tribal governments;
       (3) describe in detail the programs that may be offered by 
     the entities described in paragraph (2), including--
       (A) outlining any funding issues;
       (B) detailing how responsibilities under the National 
     Disaster Housing Strategy will be shared; and
       (C) addressing other matters concerning the cooperative 
     effort to provide housing assistance during a major disaster;
       (4) consider methods through which housing assistance can 
     be provided to individuals and households where employment 
     and other resources for living are available;
       (5) describe programs directed to meet the needs of special 
     needs and low-income populations and ensure that a sufficient 
     number of housing units are provided for individuals with 
     disabilities;
       (6) describe plans for the operation of clusters of housing 
     provided to individuals and households, including access to 
     public services, site management, security, and site density;
       (7) describe plans for promoting the repair or 
     rehabilitation of existing rental housing, including through 
     lease agreements or other means, in order to improve the 
     provision of housing to individuals and households under 
     section 408 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5174); and
       (8) describe any additional authorities necessary to carry 
     out any portion of the strategy.
       (c) Guidance.--The Administrator should develop and make 
     publicly available guidance on--
       (1) types of housing assistance available under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) to individuals and households affected 
     by an emergency or major disaster;
       (2) eligibility for such assistance (including, where 
     appropriate, the continuation of such assistance); and
       (3) application procedures for such assistance.
       (d) Report.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report describing in 
     detail the National Disaster Housing Strategy, including 
     programs directed to meeting the needs of special needs 
     populations.
       (2) Updated report.--The Administrator shall submit to the 
     appropriate committees of Congress a report updating the 
     report submitted under paragraph (1)--
       (A) on the same date that any change is made to the 
     National Disaster Housing Strategy; and
       (B) on a periodic basis after the submission of the report 
     under paragraph (1), but not less than once every 5 years 
     after the date of the submission of the report under 
     paragraph (1).

     SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.

       The third sentence of section 404(a) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c(a)) is amended by striking ``7.5 percent'' and 
     inserting ``15 percent for amounts not more than 
     $2,000,000,000, 10 percent for amounts of more than 
     $2,000,000,000 and not more than $10,000,000,000, and 7.5 
     percent on amounts of more than $10,000,000,000 and not more 
     than $35,333,000,000''.

     SEC. 685. HOUSING ASSISTANCE.

       Section 408(c)(4) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174) is amended--
       (1) by inserting ``or semi-permanent'' after ``permanent''; 
     and
       (2) by striking ``remote''.

     SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE 
                   PROGRAMS.

       Section 408(c) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--
       (1) by striking paragraph (2)(C); and
       (2) in paragraph (3)--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraph (C) as subparagraph (B).

     SEC. 687. COORDINATING OFFICERS.

       Section 302 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5143(b)) is amended by 
     adding after subsection (c) the following:
       ``(d) Where the area affected by a major disaster or 
     emergency includes parts of more than 1 State, the President, 
     at the discretion of the President, may appoint a single 
     Federal coordinating officer for the entire affected area, 
     and may appoint such deputy Federal coordinating officers to 
     assist the Federal coordinating officer as the President 
     determines appropriate.''.

     SEC. 688. DEFINITIONS.

       Section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) is amended--
       (1) by amending paragraph (9) to read as follows:
       ``(9) Private nonprofit facility.--
       ``(A) In general.--The term `private nonprofit facility' 
     means private nonprofit educational, utility, irrigation, 
     emergency, medical, rehabilitational, and temporary or 
     permanent custodial care facilities (including those for the 
     aged and disabled) and facilities on Indian reservations, as 
     defined by the President.
       ``(B) Additional facilities.--In addition to the facilities 
     described in subparagraph (A), the term `private nonprofit 
     facility' includes any private nonprofit facility that 
     provides essential services of a governmental nature to the 
     general public (including museums, zoos, performing arts 
     facilities, community arts centers, libraries, homeless 
     shelters, senior citizen centers, rehabilitation facilities, 
     shelter workshops, and facilities that provide health and 
     safety services of a governmental nature), as defined by the 
     President.'';
       (2) by redesignating paragraphs (6) through (9) as 
     paragraphs (7) through (10), respectively; and
       (3) by inserting after paragraph (5) the following:
       ``(6) Individual with a disability.--The term `individual 
     with a disability' means an individual with a disability as 
     defined in section 3(2) of the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12102(2)).''.

     SEC. 689. INDIVIDUALS WITH DISABILITIES.

       (a) Guidelines.--Not later than 90 days after the date of 
     enactment of this Act, and in coordination with the National 
     Advisory Council, the National Council on Disability, the 
     Interagency Coordinating Council on Preparedness and 
     Individuals With Disabilities established under Executive 
     Order 13347 (6 U.S.C. 312 note), and the Disability 
     Coordinator (established under section 513 of the Homeland 
     Security Act of 2002, as added by this Act), the 
     Administrator shall develop guidelines to accommodate 
     individuals with disabilities, which shall include guidelines 
     for--
       (1) the accessibility of, and communications and programs 
     in, shelters, recovery centers, and other facilities; and
       (2) devices used in connection with disaster operations, 
     including first aid stations, mass feeding areas, portable 
     payphone stations, portable toilets, and temporary housing.
       (b) Essential Assistance.--Section 403(a) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b(a)) is amended--
       (1) in paragraph (2), by inserting ``durable medical 
     equipment,'' after ``medicine''; and
       (2) in paragraph (3)--
       (A) in subparagraph (B), by inserting ``durable medical 
     equipment,'' after ``medicine'';
       (B) in subparagraph (H), by striking ``and'' at the end;
       (C) in subparagraph (I), by striking the period and 
     inserting ``; and''; and

[[Page H7810]]

       (D) by adding at the end the following:
       ``(J) provision of rescue, care, shelter, and essential 
     needs--
       ``(i) to individuals with household pets and service 
     animals; and
       ``(ii) to such pets and animals.''.
       (c) Federal Assistance to Individuals and Households.--
     Section 408 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5174) is amended--
       (1) in subsection (b)(1), by inserting ``, or with respect 
     to individuals with disabilities, rendered inaccessible or 
     uninhabitable,'' after ``uninhabitable''; and
       (2) in subsection (d)(1)(A)--
       (A) in clause (i), by striking ``and'' after the semicolon;
       (B) by redesignating clause (ii) as clause (iii); and
       (C) by inserting after clause (i) the following:
       ``(ii) meets the physical accessibility requirements for 
     individuals with disabilities; and''.

     SEC. 689A. NONDISCRIMINATION IN DISASTER ASSISTANCE.

       Section 308(a) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended 
     by inserting ``disability, English proficiency,'' after 
     ``age,''.

     SEC. 689B. REUNIFICATION.

       (a) Definitions.--In this section:
       (1) Child locator center.--The term ``Child Locator 
     Center'' means the National Emergency Child Locator Center 
     established under subsection (b).
       (2) Declared event.--The term ``declared event'' means a 
     major disaster or emergency.
       (3) Displaced adult.--The term ``displaced adult'' means an 
     individual 21 years of age or older who is displaced from the 
     habitual residence of that individual as a result of a 
     declared event.
       (4) Displaced child.--The term ``displaced child'' means an 
     individual under 21 years of age who is displaced from the 
     habitual residence of that individual as a result of a 
     declared event.
       (b) National Emergency Child Locator Center.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Attorney General of the United States, shall 
     establish within the National Center for Missing and 
     Exploited Children the National Emergency Child Locator 
     Center. In establishing the National Emergency Child Locator 
     Center, the Administrator shall establish procedures to make 
     all relevant information available to the National Emergency 
     Child Locator Center in a timely manner to facilitate the 
     expeditious identification and reunification of children with 
     their families.
       (2) Purposes.--The purposes of the Child Locator Center are 
     to--
       (A) enable individuals to provide to the Child Locator 
     Center the name of and other identifying information about a 
     displaced child or a displaced adult who may have information 
     about the location of a displaced child;
       (B) enable individuals to receive information about other 
     sources of information about displaced children and displaced 
     adults; and
       (C) assist law enforcement in locating displaced children.
       (3) Responsibilities and duties.--The responsibilities and 
     duties of the Child Locator Center are to--
       (A) establish a toll-free telephone number to receive 
     reports of displaced children and information about displaced 
     adults that may assist in locating displaced children;
       (B) create a website to provide information about displaced 
     children;
       (C) deploy its staff to the location of a declared event to 
     gather information about displaced children;
       (D) assist in the reunification of displaced children with 
     their families;
       (E) provide information to the public about additional 
     resources for disaster assistance;
       (F) work in partnership with Federal, State, and local law 
     enforcement agencies;
       (G) provide technical assistance in locating displaced 
     children;
       (H) share information on displaced children and displaced 
     adults with governmental agencies and nongovernmental 
     organizations providing disaster assistance;
       (I) use its resources to gather information about displaced 
     children;
       (J) refer reports of displaced adults to--
       (i) an entity designated by the Attorney General to provide 
     technical assistance in locating displaced adults; and
       (ii) the National Emergency Family Registry and Locator 
     System as defined under section 689c(a);
       (K) enter into cooperative agreements with Federal and 
     State agencies and other organizations such as the American 
     Red Cross as necessary to implement the mission of the Child 
     Locator Center; and
       (L) develop an emergency response plan to prepare for the 
     activation of the Child Locator Center.
       (c) Conforming Amendments.--Section 403(1) of the Missing 
     Children's Assistance Act (42 U.S.C. 5772(1)) is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by adding ``or'' after the 
     semicolon; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) the individual is an individual under 21 years of age 
     who is displaced from the habitual residence of that 
     individual as a result of an emergency or major disaster (as 
     those terms are defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)).''.
       (d) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on the Judiciary of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on the Judiciary of the House of Representatives a 
     report describing in detail the status of the Child Locator 
     Center, including funding issues and any difficulties or 
     issues in establishing the Center or completing the 
     cooperative agreements described in subsection (b)(3)(K).

     SEC. 689C. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR 
                   SYSTEM.

       (a) Definitions.--In this section--
       (1) the term ``displaced individual'' means an individual 
     displaced by an emergency or major disaster; and
       (2) the term ``National Emergency Family Registry and 
     Locator System'' means the National Emergency Family Registry 
     and Locator System established under subsection (b).
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator shall establish a 
     National Emergency Family Registry and Locator System to help 
     reunify families separated after an emergency or major 
     disaster.
       (c) Operation of System.--The National Emergency Family 
     Registry and Locator System shall--
       (1) allow a displaced adult (including medical patients) to 
     voluntarily register (and allow an adult that is the parent 
     or guardian of a displaced child to register such child), by 
     submitting personal information to be entered into a database 
     (such as the name, current location of residence, and any 
     other relevant information that could be used by others 
     seeking to locate that individual);
       (2) ensure that information submitted under paragraph (1) 
     is accessible to those individuals named by a displaced 
     individual and to those law enforcement officials;
       (3) be accessible through the Internet and through a toll-
     free number, to receive reports of displaced individuals; and
       (4) include a means of referring displaced children to the 
     National Emergency Child Locator Center established under 
     section 689b.
       (d) Publication of Information.--Not later than 210 days 
     after the date of enactment of this Act, the Administrator 
     shall establish a mechanism to inform the public about the 
     National Emergency Family Registry and Locator System and its 
     potential usefulness for assisting to reunite displaced 
     individuals with their families.
       (e) Coordination.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall enter a 
     memorandum of understanding with the Department of Justice, 
     the National Center for Missing and Exploited Children, the 
     Department of Health and Human Services, and the American Red 
     Cross and other relevant private organizations that will 
     enhance the sharing of information to facilitate reuniting 
     displaced individuals (including medical patients) with their 
     families.
       (f) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report describing in 
     detail the status of the National Emergency Family Registry 
     and Locator System, including any difficulties or issues in 
     establishing the System, including funding issues.

     SEC. 689D. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       Section 408(c)(1)(A) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) 
     is amended--
       (1) in clause (i), by adding at the end the following: 
     ``Such assistance may include the payment of the cost of 
     utilities, excluding telephone service.''; and
       (2) in clause (ii), by inserting ``security deposits,'' 
     after ``hookups,''.

     SEC. 689E. DISASTER RELATED INFORMATION SERVICES.

       Subtitle A of title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 616. DISASTER RELATED INFORMATION SERVICES.

       ``(a) In General.--Consistent with section 308(a), the 
     Director of Federal Emergency Management Agency shall--
       ``(1) identify, in coordination with State and local 
     governments, population groups with limited English 
     proficiency and take into account such groups in planning for 
     an emergency or major disaster;
       ``(2) ensure that information made available to individuals 
     affected by a major disaster or emergency is made available 
     in formats that can be understood by--
       ``(A) population groups identified under paragraph (1); and
       ``(B) individuals with disabilities or other special needs; 
     and
       ``(3) develop and maintain an informational clearinghouse 
     of model language assistance programs and best practices for 
     State and local governments in providing services related to 
     a major disaster or emergency.
       ``(b) Group Size.--For purposes of subsection (a), the 
     Director of Federal Emergency Management Agency shall define 
     the size of a population group.''.

     SEC. 689F. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT 
                   SERVICES TO INDIVIDUALS AND HOUSEHOLDS.

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

     ``SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND 
                   HOUSEHOLDS.

       ``The President may provide transportation assistance to 
     relocate individuals displaced from

[[Page H7811]]

     their predisaster primary residences as a result of an 
     incident declared under this Act or otherwise transported 
     from their predisaster primary residences under section 
     403(a)(3) or 502, to and from alternative locations for short 
     or long-term accommodation or to return an individual or 
     household to their predisaster primary residence or 
     alternative location, as determined necessary by the 
     President.

     ``SEC. 426. CASE MANAGEMENT SERVICES.

       ``The President may provide case management services, 
     including financial assistance, to State or local government 
     agencies or qualified private organizations to provide such 
     services, to victims of major disasters to identify and 
     address unmet needs.''.

     SEC. 689G. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (15 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

       ``(a) In General.--The President shall designate in the 
     Federal Emergency Management Agency a Small State and Rural 
     Advocate.
       ``(b) Responsibilities.--The Small State and Rural Advocate 
     shall be an advocate for the fair treatment of small States 
     and rural communities in the provision of assistance under 
     this Act.
       ``(c) Duties.--The Small State and Rural Advocate shall--
       ``(1) participate in the disaster declaration process under 
     section 401 and the emergency declaration process under 
     section 501, to ensure that the needs of rural communities 
     are being addressed;
       ``(2) assist small population States in the preparation of 
     requests for major disaster or emergency declarations; and
       ``(3) conduct such other activities as the Director of the 
     Federal Emergency Management Agency considers appropriate.''.
       (b) Report to Congress.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the appropriate committees of Congress a report detailing 
     the extent to which disaster declaration regulations--
       (1) meet the particular needs of States with populations of 
     less than 1,500,000 individuals; and
       (2) comply with statutory restrictions on the use of 
     arithmetic formulas and sliding scales based on income or 
     population.
       (c) Statutory Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize major disaster or emergency assistance that is not 
     authorized as of the date of enactment of this Act.

     SEC. 689H. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED 
                   PRIVATE NONPROFIT EDUCATIONAL FACILITIES.

       Section 406(a)(3)(B) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) 
     is amended by inserting ``education,'' after 
     ``communications,''.

     SEC. 689I. INDIVIDUALS AND HOUSEHOLDS PILOT PROGRAM.

       (a) Pilot Program.--
       (1) In general.--The President, acting through the 
     Administrator, in coordination with State, local, and tribal 
     governments, shall establish and conduct a pilot program. The 
     pilot program shall be designed to make better use of 
     existing rental housing, located in areas covered by a major 
     disaster declaration, in order to provide timely and cost-
     effective temporary housing assistance to individuals and 
     households eligible for assistance under section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174) where alternative housing options are 
     less available or less cost-effective.
       (2) Administration.--
       (A) In general.--For the purposes of the pilot program 
     under this section, the Administrator may--
       (i) enter into lease agreements with owners of multi-family 
     rental property located in areas covered by a major disaster 
     declaration to house individuals and households eligible for 
     assistance under section 408 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174);
       (ii) make improvements to properties under such lease 
     agreements;
       (iii) use the pilot program where the program is cost 
     effective in that the cost to the Government for the lease 
     agreements is in proportion to the savings to the Government 
     by not providing alternative housing; and
       (iv) limit repairs to those required to ensure that the 
     housing units shall meet Federal housing quality standards.
       (B) Improvements to leased properties.--Under the terms of 
     any lease agreement for a property described under 
     subparagraph (A)(ii), the value of the contribution of the 
     Agency to such improvements--
       (i) shall be deducted from the value of the lease 
     agreement; and
       (ii) may not exceed the value of the lease agreement.
       (3) Consultation.--In administering the pilot program under 
     this section, the Administrator may consult with State, 
     local, and tribal governments.
       (4) Report.--
       (A) In general.--Not later than March 31, 2009, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report regarding the effectiveness of the pilot 
     program.
       (B) Contents.--The Administrator shall include in the 
     report--
       (i) an assessment of the effectiveness of the pilot program 
     under this section, including an assessment of cost-savings 
     to the Federal Government and any benefits to individuals and 
     households eligible for assistance under section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174) under the pilot program;
       (ii) findings and conclusions of the Administrator with 
     respect to the pilot program;
       (iii) an assessment of additional authorities needed to aid 
     the Agency in its mission of providing disaster housing 
     assistance to individuals and households eligible for 
     assistance under section 408 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174), either under the pilot program under this section or 
     other potential housing programs; and
       (iv) any recommendations of the Administrator for 
     additional authority to continue or make permanent the pilot 
     program.
       (b) Pilot Program Project Approval.--The Administrator 
     shall not approve a project under the pilot program after 
     December 31, 2008.

     SEC. 689J. PUBLIC ASSISTANCE PILOT PROGRAM.

       (a) Pilot Program.--
       (1) In general.--The President, acting through the 
     Administrator, and in coordination with State and local 
     governments, shall establish and conduct a pilot program to--
       (A) reduce the costs to the Federal Government of providing 
     assistance to States and local governments under sections 
     403(a)(3)(A), 406, and 407 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 1570b(a)(3), 
     5172, 5172);
       (B) increase flexibility in the administration of sections 
     403(a)(3)(A), 406, and 407 of that Act; and
       (C) expedite the provision of assistance to States and 
     local governments provided under sections 403(a)(3)(A), 406, 
     and 407 of that Act.
       (2) Participation.--Only States and local governments that 
     elect to participate in the pilot program may participate in 
     the pilot program for a particular project.
       (3) Innovative administration.--
       (A) In general.--For purposes of the pilot program, the 
     Administrator shall establish new procedures to administer 
     assistance provided under the sections referred to in 
     paragraph (1).
       (B) New procedures.--The new procedures established under 
     subparagraph (A) may include 1 or more of the following:
       (i) Notwithstanding section 406(c)(1)(A) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 1571(c)(1)(A)), providing an option for a State or 
     local government to elect to receive an in-lieu contribution 
     in an amount equal to 90 percent of the Federal share of the 
     Federal estimate of the cost of repair, restoration, 
     reconstruction, or replacement of a public facility owned or 
     controlled by the State or local government and of management 
     expenses.
       (ii) Making grants on the basis of estimates agreed to by 
     the local government (or where no local government is 
     involved, by the State government) and the Administrator to 
     provide financial incentives and disincentives for the local 
     government (or where no local government is involved, for the 
     State government) for the timely or cost effective completion 
     of projects under sections 403(a)(3)(A), 406, and 407 of that 
     Act.
       (iii) Increasing the Federal share for removal of debris 
     and wreckage for States and local governments that have a 
     debris management plan approved by the Administrator and have 
     pre-qualified 1 or more debris and wreckage removal 
     contractors before the date of declaration of the major 
     disaster.
       (iv) Using a sliding scale for the Federal share for 
     removal of debris and wreckage based on the time it takes to 
     complete debris and wreckage removal.
       (v) Using a financial incentive to recycle debris.
       (vi) Reimbursing base wages for employees and extra hires 
     of a State or local government involved in or administering 
     debris and wreckage removal.
       (4) Waiver.--The Administrator may waive such regulations 
     or rules applicable to the provisions of assistance under the 
     sections referred to in paragraph (1) as the Administrator 
     determines are necessary to carry out the pilot program under 
     this section.
       (b) Report.--
       (1) In general.--Not later than March 31, 2009, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report regarding the effectiveness of the pilot 
     program under this section.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) an assessment by the Administrator of any 
     administrative or financial benefits of the pilot program;
       (B) an assessment by the Administrator of the effect, 
     including any savings in time and cost, of the pilot program;
       (C) any identified legal or other obstacles to increasing 
     the amount of debris recycled after a major disaster;
       (D) any other findings and conclusions of the Administrator 
     with respect to the pilot program; and
       (E) any recommendations of the Administrator for additional 
     authority to continue or make permanent the pilot program.
       (c) Deadline for Initiation of Implementation.--The 
     Administrator shall initiate implementation of the pilot 
     program under this section not later than 90 days after the 
     date of enactment of this Act.
       (d) Pilot Program Project Duration.--The Administrator may 
     not approve a project under the pilot program under this 
     section after December 31, 2008.

     SEC. 689K. DISPOSAL OF UNUSED TEMPORARY HOUSING UNITS.

       (a) In General.--Notwithstanding section 408(d)(2)(B) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5174(d)(2)(B)), if the 
     Administrator authorizes the disposal of an unused temporary 
     housing unit that is owned by the Agency on the date of 
     enactment of this Act and is not used to house

[[Page H7812]]

     individuals or households under section 408 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174) after that date, such unit shall be disposed of 
     under subchapter III of chapter 5 of subtitle I of title 40, 
     United States Code.
       (b) Tribal Governments.--Housing units described in 
     subsection (a) shall be disposed of in coordination with the 
     Department of the Interior or other appropriate agencies in 
     order to transfer such units to tribal governments if 
     appropriate.
           Subtitle F--Prevention of Fraud, Waste, and Abuse

     SEC. 691. ADVANCE CONTRACTING.

       (a) Initial Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report under paragraph (2) identifying--
       (A) recurring disaster response requirements, including 
     specific goods and services, for which the Agency is capable 
     of contracting for in advance of a natural disaster or act of 
     terrorism or other man-made disaster in a cost effective 
     manner;
       (B) recurring disaster response requirements, including 
     specific goods and services, for which the Agency can not 
     contract in advance of a natural disaster or act of terrorism 
     or other man-made disaster in a cost effective manner; and
       (C) a contracting strategy that maximizes the use of 
     advance contracts to the extent practical and cost-effective.
       (2) Submission.--The report under paragraph (1) shall be 
     submitted to the appropriate committees of Congress.
       (b) Entering Into Contracts.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall enter into 1 
     or more contracts for each type of goods or services 
     identified under subsection (a)(1)(A), and in accordance with 
     the contracting strategy identified in subsection (a)(1)(C). 
     Any contract for goods or services identified in subsection 
     (a)(1)(A) previously awarded may be maintained in fulfilling 
     this requirement.
       (2) Considered factors.--Before entering into any contract 
     under this subsection, the Administrator shall consider 
     section 307 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5150), as amended by this 
     Act.
       (3) Prenegotiated federal contracts for goods and 
     services.--The Administrator, in coordination with State and 
     local governments and other Federal agencies, shall establish 
     a process to ensure that Federal prenegotiated contracts for 
     goods and services are coordinated with State and local 
     governments, as appropriate.
       (4) Prenegotiated state and local contracts for goods and 
     services.--The Administrator shall encourage State and local 
     governments to establish prenegotiated contracts with vendors 
     for goods and services in advance of natural disasters and 
     acts of terrorism or other man-made disasters.
       (c) Maintenance of Contracts.--After the date described 
     under subsection (b), the Administrator shall have the 
     responsibility to maintain contracts for appropriate levels 
     of goods and services in accordance with subsection 
     (a)(1)(C).
       (d) Report on Contracts Not Using Competitive Procedures.--
     At the end of each fiscal quarter, beginning with the first 
     fiscal quarter occurring at least 90 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report on each disaster assistance contract entered into by 
     the Agency by other than competitive procedures to the 
     appropriate committees of Congress.

     SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

       (a) Regulations.--The Secretary shall promulgate 
     regulations applicable to contracts described in subsection 
     (c) to minimize the excessive use by contractors of 
     subcontractors or tiers of subcontractors to perform the 
     principal work of the contract.
       (b) Specific Requirement.--At a minimum, the regulations 
     promulgated under subsection (a) shall preclude a contractor 
     from using subcontracts for more than 65 percent of the cost 
     of the contract or the cost of any individual task or 
     delivery order (not including overhead and profit), unless 
     the Secretary determines that such requirement is not 
     feasible or practicable.
       (c) Covered Contracts.--This section applies to any cost-
     reimbursement type contract or task or delivery order in an 
     amount greater than the simplified acquisition threshold (as 
     defined by section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403)) entered into by the Department to 
     facilitate response to or recovery from a natural disaster or 
     act of terrorism or other man-made disaster.

     SEC. 693. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER 
                   EXPENDITURES.

       (a) Authority of Administrator to Designate Funds for 
     Oversight Activities.--The Administrator may designate up to 
     1 percent of the total amount provided to a Federal agency 
     for a mission assignment as oversight funds to be used by the 
     recipient agency for performing oversight of activities 
     carried out under the Agency reimbursable mission assignment 
     process. Such funds shall remain available until expended.
       (b) Use of Funds.--
       (1) Types of oversight activities.--Oversight funds may be 
     used for the following types of oversight activities related 
     to Agency mission assignments:
       (A) Monitoring, tracking, and auditing expenditures of 
     funds.
       (B) Ensuring that sufficient management and internal 
     control mechanisms are available so that Agency funds are 
     spent appropriately and in accordance with all applicable 
     laws and regulations.
       (C) Reviewing selected contracts and other activities.
       (D) Investigating allegations of fraud involving Agency 
     funds.
       (E) Conducting and participating in fraud prevention 
     activities with other Federal, State, and local government 
     personnel and contractors.
       (2) Plans and reports.--Oversight funds may be used to 
     issue the plans required under subsection (e) and the reports 
     required under subsection (f).
       (c) Restriction on Use of Funds.--Oversight funds may not 
     be used to finance existing agency oversight responsibilities 
     related to direct agency appropriations used for disaster 
     response, relief, and recovery activities.
       (d) Methods of Oversight Activities.--
       (1) In general.--Oversight activities may be carried out by 
     an agency under this section either directly or by contract. 
     Such activities may include evaluations and financial and 
     performance audits.
       (2) Coordination of oversight activities.--To the extent 
     practicable, evaluations and audits under this section shall 
     be performed by the inspector general of the agency.
       (e) Development of Oversight Plans.--
       (1) In general.--If an agency receives oversight funds for 
     a fiscal year, the head of the agency shall prepare a plan 
     describing the oversight activities for disaster response, 
     relief, and recovery anticipated to be undertaken during the 
     subsequent fiscal year.
       (2) Selection of oversight activities.--In preparing the 
     plan, the head of the agency shall select oversight 
     activities based upon a risk assessment of those areas that 
     present the greatest risk of fraud, waste, and abuse.
       (3) Schedule.--The plan shall include a schedule for 
     conducting oversight activities, including anticipated dates 
     of completion.
       (f) Federal Disaster Assistance Accountability Reports.--A 
     Federal agency receiving oversight funds under this section 
     shall submit annually to the Administrator and the 
     appropriate committees of Congress a consolidated report 
     regarding the use of such funds, including information 
     summarizing oversight activities and the results achieved.
       (g) Definition.--In this section, the term ``oversight 
     funds'' means funds referred to in subsection (a) that are 
     designated for use in performing oversight activities.

     SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.

       The Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) is amended by 
     striking section 307 and inserting the following:

     ``SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.

       ``(a) Contracts or Agreements With Private Entities.--
       ``(1) In general.--In the expenditure of Federal funds for 
     debris clearance, distribution of supplies, reconstruction, 
     and other major disaster or emergency assistance activities 
     which may be carried out by contract or agreement with 
     private organizations, firms, or individuals, preference 
     shall be given, to the extent feasible and practicable, to 
     those organizations, firms, and individuals residing or doing 
     business primarily in the area affected by such major 
     disaster or emergency.
       ``(2) Construction.--This subsection shall not be 
     considered to restrict the use of Department of Defense 
     resources under this Act in the provision of assistance in a 
     major disaster.
       ``(3) Specific geographic area.--In carrying out this 
     section, a contract or agreement may be set aside for award 
     based on a specific geographic area.
       ``(b) Implementation.--
       ``(1) Contracts not to entities in area.--Any expenditure 
     of Federal funds for debris clearance, distribution of 
     supplies, reconstruction, and other major disaster or 
     emergency assistance activities which may be carried out by 
     contract or agreement with private organizations, firms, or 
     individuals, not awarded to an organization, firm, or 
     individual residing or doing business primarily in the area 
     affected by such major disaster shall be justified in writing 
     in the contract file.
       ``(2) Transition.--Following the declaration of an 
     emergency or major disaster, an agency performing response, 
     relief, and reconstruction activities shall transition work 
     performed under contracts in effect on the date on which the 
     President declares the emergency or major disaster to 
     organizations, firms, and individuals residing or doing 
     business primarily in any area affected by the major disaster 
     or emergency, unless the head of such agency determines that 
     it is not feasible or practicable to do so.
       ``(c) Prior Contracts.--Nothing in this section shall be 
     construed to require any Federal agency to breach or 
     renegotiate any contract in effect before the occurrence of a 
     major disaster or emergency.''.

     SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE 
                   CONTRACTS.

       (a) Regulations.--The Secretary shall promulgate 
     regulations applicable to contracts described in subsection 
     (c) to restrict the contract period of any such contract 
     entered into using procedures other than competitive 
     procedures pursuant to the exception provided in paragraph 
     (2) of section 303(c) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the 
     minimum contract period necessary--
       (1) to meet the urgent and compelling requirements of the 
     work to be performed under the contract; and
       (2) to enter into another contract for the required goods 
     or services through the use of competitive procedures.
       (b) Specific Contract Period.--The regulations promulgated 
     under subsection (a) shall require the contract period to not 
     to exceed 150

[[Page H7813]]

     days, unless the Secretary determines that exceptional 
     circumstances apply.
       (c) Covered Contracts.--This section applies to any 
     contract in an amount greater than the simplified acquisition 
     threshold (as defined by section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403)) entered into by the 
     Department to facilitate response to or recovery from a 
     natural disaster, act of terrorism, or other man-made 
     disaster.

     SEC. 696. FRAUD, WASTE, AND ABUSE CONTROLS.

       (a) In General.--The Administrator shall ensure that--
       (1) all programs within the Agency administering Federal 
     disaster relief assistance develop and maintain proper 
     internal management controls to prevent and detect fraud, 
     waste, and abuse;
       (2) application databases used by the Agency to collect 
     information on eligible recipients must record disbursements;
       (3) such tracking is designed to highlight and identify 
     ineligible applications; and
       (4) the databases used to collect information from 
     applications for such assistance must be integrated with 
     disbursements and payment records.
       (b) Audits and Reviews Required.--The Administrator shall 
     ensure that any database or similar application processing 
     system for Federal disaster relief assistance programs 
     administered by the Agency undergoes a review by the 
     Inspector General of the Agency to determine the existence 
     and implementation of such internal controls required under 
     this section and the amendments made by this section.
       (c) Verification Measures for Individuals and Households 
     Program.--Section 408 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5174) is 
     amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following:
       ``(i) Verification Measures.--In carrying out this section, 
     the President shall develop a system, including an electronic 
     database, that shall allow the President, or the designee of 
     the President, to--
       ``(1) verify the identity and address of recipients of 
     assistance under this section to provide reasonable assurance 
     that payments are made only to an individual or household 
     that is eligible for such assistance;
       ``(2) minimize the risk of making duplicative payments or 
     payments for fraudulent claims under this section;
       ``(3) collect any duplicate payment on a claim under this 
     section, or reduce the amount of subsequent payments to 
     offset the amount of any such duplicate payment;
       ``(4) provide instructions to recipients of assistance 
     under this section regarding the proper use of any such 
     assistance, regardless of how such assistance is distributed; 
     and
       ``(5) conduct an expedited and simplified review and appeal 
     process for an individual or household whose application for 
     assistance under this section is denied.''.

     SEC. 697. REGISTRY OF DISASTER RESPONSE CONTRACTORS.

       (a) Definitions.--In this section--
       (1) the term ``registry'' means the registry created under 
     subsection (b); and
       (2) the terms ``small business concern'', ``small business 
     concern owned and controlled by socially and economically 
     disadvantaged individuals'', ``small business concern owned 
     and controlled by women'', and ``small business concern owned 
     and controlled by service-disabled veterans'' have the 
     meanings given those terms under the Small Business Act (15 
     U.S.C. 631 et seq.).
       (b) Registry.--
       (1) In general.--The Administrator shall establish and 
     maintain a registry of contractors who are willing to perform 
     debris removal, distribution of supplies, reconstruction, and 
     other disaster or emergency relief activities.
       (2) Contents.--The registry shall include, for each 
     business concern--
       (A) the name of the business concern;
       (B) the location of the business concern;
       (C) the area served by the business concern;
       (D) the type of good or service provided by the business 
     concern;
       (E) the bonding level of the business concern; and
       (F) whether the business concern is--
       (i) a small business concern;
       (ii) a small business concern owned and controlled by 
     socially and economically disadvantaged individuals;
       (iii) a small business concern owned and controlled by 
     women; or
       (iv) a small business concern owned and controlled by 
     service-disabled veterans.
       (3) Source of information.--
       (A) Submission.--Information maintained in the registry 
     shall be submitted on a voluntary basis and be kept current 
     by the submitting business concerns.
       (B) Attestation.--Each business concern submitting 
     information to the registry shall submit--
       (i) an attestation that the information is true; and
       (ii) documentation supporting such attestation.
       (C) Verification.--The Administrator shall verify that the 
     documentation submitted by each business concern supports the 
     information submitted by that business concern.
       (4) Availability of registry.--The registry shall be made 
     generally available on the Internet site of the Agency.
       (5) Consultation of registry.--As part of the acquisition 
     planning for contracting for debris removal, distribution of 
     supplies in a disaster, reconstruction, and other disaster or 
     emergency relief activities, a Federal agency shall consult 
     the registry.

     SEC. 698. FRAUD PREVENTION TRAINING PROGRAM.

       The Administrator shall develop and implement a program to 
     provide training on the prevention of waste, fraud, and abuse 
     of Federal disaster relief assistance relating to the 
     response to or recovery from natural disasters and acts of 
     terrorism or other man-made disasters and ways to identify 
     such potential waste, fraud, and abuse.
              Subtitle G--Authorization of Appropriations

     SEC. 699. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title and the amendments made by this title for the 
     administration and operations of the Agency--
       (1) for fiscal year 2008, an amount equal to the amount 
     appropriated for fiscal year 2007 for administration and 
     operations of the Agency, multiplied by 1.1;
       (2) for fiscal year 2009, an amount equal to the amount 
     described in paragraph (1), multiplied by 1.1; and
       (3) for fiscal year 2010, an amount equal to the amount 
     described in paragraph (2), multiplied by 1.1.
       Sec. 699A. Except as expressly provided otherise, any 
     reference to ``this Act'' contained in this title shall be 
     treated as referring only to the provisions of this title.

       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2007''.
         And the Senate agree to the same.
     Harold Rogers,
     Zach Wamp,
     Tom Latham,
     Jo Ann Emerson,
     John E. Sweeney,
     Jim Kolbe,
     Ander Crenshaw,
     John R. Carter,
     Jerry Lewis,
     Martin Olav Sabo,
     David E. Price,
     Jose E. Serrano,
     Lucille Roybal-Allard,
     Sanford D. Bishop,
     Marion Berry,
     Chet Edwards,
     David R. Obey.
                                Managers On The Part Of The House.

     Judd Gregg,
     Thad Cochran,
     Ted Stevens,
     Arlen Specter,
     Pete V. Domenici,
     Richard C. Shelby,
     Larry E. Craig,
     R.F. Bennett,
     Wayne Allard,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy,
     Barbara A. Mikulski,
     Herb Kohl,
     Patty Murray,
     Harry Reid,
     Dianne Feinstein.
                               Managers on the Part of the Senate.

                      JOINT EXPLANATORY STATEMENT

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 5441), making 
     appropriations for the Department of Homeland Security (DHS) 
     for the fiscal year ending September 30, 2007, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       Senate Amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill. Throughout the 
     accompanying explanatory statement, the managers refer to the 
     Committee and the Committees on Appropriations. Unless 
     otherwise noted, in both instances, the managers are 
     referring to the House Subcommittee on Homeland Security and 
     the Senate Subcommittee on Homeland Security.
       The language and allocations contained in House Report 109-
     476 and Senate Report 109-273 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of managers. The statement of managers, 
     while repeating some report language for emphasis, does not 
     intend to negate the language referred to above unless 
     expressly provided herein. In cases where both the House and 
     Senate reports address a particular issue not specifically 
     addressed in the conference report or joint statement of 
     managers, the conferees have determined the House report and 
     the Senate report are not inconsistent and are to be 
     interpreted accordingly. In cases where the House or Senate 
     report directs the submission of a report, such report is to 
     be submitted to both Committees on Appropriations. Further, 
     in a number of instances, House Report 109-476 and Senate 
     Report 109-273 direct agencies to report to the Committees by 
     specific dates. In those instances, and unless alternative 
     dates are provided in the accompanying explanatory statement, 
     agencies are directed to provide these reports to the 
     Committees on Appropriations no later than January 23, 2007.


                          CLASSIFIED PROGRAMS

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this statement 
     of managers.

[[Page H7814]]

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       The conferees agree to provide $94,470,000 instead of 
     $83,684,000 as proposed by the House and $82,622,000 as 
     proposed by the Senate. The conferees have made reductions to 
     the budget request due to a large number of vacancies and 
     unobligated balances within certain offices. Funding shall be 
     allocated as follows:

Immediate Office of the Secretary............................$2,540,000
Immediate Office of the Deputy Secretary......................1,185,000
Chief of Staff................................................2,560,000
Office of Counternarcotics Enforcement........................2,360,000
Executive Secretary...........................................4,450,000
Office of Policy.............................................29,305,000
Secure Border Coordination Office.............................4,500,000
Office of Public Affairs......................................6,000,000
Office of Legislative and Intergovernmental Affairs...........5,449,000
Office of General Counsel....................................12,759,000
Office of Civil Rights and Liberties.........................13,000,000
Citizenship and Immigration Services Ombudsman................5,927,000
Privacy Officer...............................................4,435,000
                                                       ________________
                                                       
  Total......................................................94,470,000

       Comprehensive Port, Container, and Cargo Security Strategy

       The conferees are committed to building upon and improving 
     the Department's programs directed toward port, container, 
     and cargo security, such as Customs and Border Protection's 
     Container Security Initiative and Customs-Trade Partnership 
     Against Terrorism; the Coast Guard's port security patrols 
     and facility operations; and Science and Technology's cargo 
     security research programs. The conferees believe these 
     programs must evolve to combat new and emerging threats, as 
     well as to support the continuous growth of international 
     trade. To date, DHS has not produced a strategic plan for 
     this critical mission area. To address this issue, the 
     conferees withhold $5,000,000 from obligation from the Office 
     of the Secretary and Executive Management until the Secretary 
     submits a port, container, and cargo security strategic plan 
     to the Committees on Appropriations; the Senate Committee on 
     Commerce, Science and Transportation; the Senate Committee on 
     Homeland Security and Governmental Affairs; and the House 
     Committee on Homeland Security. This plan shall comply 
     with all reporting and performance requirements specified 
     in the House report.


                secure border initiative strategic plan

       The conferees direct the Secretary to submit the Secure 
     Border Initiative multi-year strategic plan to the Committees 
     on Appropriations, the Senate Committee on Homeland Security 
     and Governmental Affairs, the House Committee on Homeland 
     Security, and the Committees on the Judiciary. This plan 
     shall demonstrate how the Department of Homeland Security 
     (DHS) will obtain operational control of the borders in five 
     years, as specified in bill language. The conferees withhold 
     $10,000,000 from obligation from the Office of the Secretary 
     and Executive Management until the Secretary submits this 
     plan.

                            Office of Policy

       The conferees agree to provide $29,305,000 for the Office 
     of Policy instead of $27,093,000 as proposed by the House and 
     $31,093,000 as proposed by the Senate. Within this total, 
     funding has been provided for policy oversight for the Secure 
     Border Initiative, screening coordination and operations, as 
     well as a technical full-time equivalent (FTE) adjustment. 
     The Secure Border Coordination Office is funded as an 
     independent office.
       The conferees support a strong, centralized Office of 
     Policy to further the Department's mission. The conferees are 
     concerned the office is becoming too compartmentalized and 
     encourage the office to remain flexible to address the most 
     pressing policy issues confronting the Department, both in 
     the short and long term.


                   secure border coordination office

       The conferees agree to provide $4,500,000 for the Secure 
     Border Coordination Office, instead of $5,000,000 as proposed 
     by the House for the Secure Border Initiative Program 
     Executive Office (SBI PEO) and $4,000,000 as proposed by the 
     Senate for the SBI PEO within the Office of Policy. Funds 
     provided above the budget request are to enhance program 
     planning and performance management.
       The conferees fund the Secure Border Coordination Office as 
     a distinct office within the Office of the Secretary and 
     Executive Management because it is a functional office 
     charged with the integration of the Department's border 
     security and immigration enforcement programs rather than 
     formulation of policy. The Office of Policy, in the Office of 
     the Secretary, will continue to have an oversight 
     responsibility for policy related to the Secure Border 
     Initiative.
       The conferees view the Secure Border Coordination Office as 
     the focal point for the Department's transition from a 
     fragmented and stove-piped border security organization to an 
     integrated system capable of producing real results. This is 
     illustrated by the data contained within the September 2006 
     bi-monthly status report on DHS' border security performance. 
     The conferees note both the quality of this report as a 
     standard for DHS to emulate and recognize the timeliness with 
     which the report was submitted. The conferees direct the 
     Secure Border Coordination Office to continue to submit bi-
     monthly status reports through the end of fiscal year 2007, 
     as specified by the House correspondence dated June 21, 2006, 
     and direct the Secretary to ensure all information contained 
     within the report is appropriately classified.
       The conferees provide considerable resources to border 
     security and immigration enforcement in this Act as well as 
     in fiscal year 2006 appropriations and view the Secure Border 
     Coordination Office as accountable for linking these 
     resources to the stated goal of gaining operational control 
     of our borders within five years. The conferees expect to see 
     a detailed justification for the staffing and resources of 
     this office within the fiscal year 2008 budget request.

                 Office of Counternarcotics Enforcement

       The conferees agree to provide $2,360,000 for a separate 
     Office of Counternarcotics Enforcement, as proposed by the 
     Senate, instead of $2,741,000 within the Office of Chief of 
     Staff as proposed by the House. The conferees view this 
     office as responsible for monitoring the resource needs of 
     the traditional counternarcotics functions of the DHS 
     agencies, as well as examining the nexus of drugs and 
     terrorism. The conferees agree that this office does not 
     belong within the Office of the Chief of Staff and have 
     provided for the establishment of an independent office 
     within the Office of the Secretary and Executive Management. 
     However, the conferees question the necessity and efficacy of 
     separating this office from the Office of Policy given its 
     analysis and policy formulation mission and encourage DHS to 
     consider this as part of its fiscal year 2008 budget 
     submission.
       The Office is directed to report, in conjunction with the 
     fiscal year 2008 budget request, on its annual productivity 
     and performance as directed in the House report.


                          executive secretary

       The conferees agree to provide $4,450,000 for the Executive 
     Secretary instead of $5,001,000 as proposed by the House and 
     $4,090,000 as proposed by the Senate. Within this funding 
     level, the conferees agree to the technical FTE adjustment 
     and associated funding as requested and one additional full-
     time position. In late 2005, the Executive Secretary was 
     charged with improving responsiveness to Congress by 
     responding to Congressional inquiries within two weeks. The 
     conferees direct the Executive Secretary to report quarterly, 
     with the first report due on January 31, 2007, on its success 
     meeting this two-week goal and its plans to sustain this 
     standard given the volume of Congressional interest in DHS 
     issues.


                                training

       The conferees direct the Secretary to brief the Committees 
     on Appropriations on the inventory of funds supporting 
     training in the Preparedness Directorate and the Federal 
     Emergency Management Agency (FEMA) in fiscal year 2007 as 
     discussed in the House report. In addition, the conferees 
     direct that greater detail be included as part of the fiscal 
     year 2008 Congressional budget justifications.


                             contract staff

       The conferees agree with Senate language directing the 
     Secretary to update its contract staffing report, no later 
     than February 8, 2007, to include data for fiscal year 2006, 
     projected contract staff for fiscal year 2007, and plans to 
     reduce these types of contract employees.


                              grant awards

       The conferees continue to be disappointed by the 
     Department's slow pace of awarding important security funds 
     to state and local governments. Therefore, bill language is 
     included under Grants and Training requiring port, rail and 
     transit, trucking, intercity bus, and buffer zone protection 
     grants, as well as State Homeland Security Grants, Law 
     Enforcement Terrorism Prevention, and Urban Area Security 
     Initiative funds to be awarded by a date certain in fiscal 
     year 2007.


                          unobligated balances

       The Office of the Secretary and Executive Management 
     appears to continue to lack an appropriate plan for use of 
     available funding, as unobligated dollars remain high 
     throughout the year. The conferees are particularly 
     disappointed the Office of Civil Rights and Liberties, the 
     Citizenship and Immigration Services Ombudsman, and the 
     Privacy Officer are not using available resources to meet 
     growing responsibilities. The Department is directed to 
     provide the Committees on Appropriations with an expenditure 
     plan for these offices no later than November 1, 2006.


                           vancouver olympics

       The conferees direct the Secretary to conduct a review, in 
     conjunction with appropriate Washington State and Canadian 
     entities, and to report to the Committees on Appropriations, 
     the Senate Committee on Homeland Security and Governmental 
     Affairs, and the House Committee on Homeland Security, within 
     six months after enactment of this Act, on all relevant 
     security issues related to the 2010 Vancouver Olympic and 
     Paralympic Games, including expected increases in border 
     flow, necessary enhancements to border security, estimated 
     border

[[Page H7815]]

     crossing wait times, and the need for additional border 
     personnel. The Secretary, 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 also evaluate the technical and operational 
     interoperability challenges facing regional, local, state, 
     and federal authorities in preparing for the 2010 Olympic and 
     Paralympic Games. The conferees direct the Secretary to 
     submit a plan to address these challenges to the Committees 
     on Appropriations; the Senate Committee on Commerce, Science, 
     and Transportation; the Senate Committee on Homeland Security 
     and Governmental Affairs; the House Committee on Homeland 
     Security; and the House Committee on Energy and Commerce, six 
     months after enactment of this Act.


                              data-mining

       The conferees continue to be concerned with the 
     Department's possible use or development of data-mining 
     technology and direct the DHS Privacy Officer to submit a 
     report consistent with the terms and conditions listed in 
     section 549 of the Senate bill. The conferees expect the 
     report to include information on how it has implemented the 
     recommendations laid out in the Department's data-mining 
     report received July 18, 2006.


                           Transfer Authority

       The conferees direct the Secretary to provide the 
     Committees on Appropriations a report by November 1, 2006, 
     with any recommendations for transfers, reprogram
     mings, and if appropriate, budget requests, pursuant to 31 
     USC 1105, in order to implement new authorities contained in 
     title VI.

              Office of the Under Secretary for Management

       The conferees agree to provide $153,640,000 instead of 
     $70,489,000 as proposed by the House and $163,456,000 as 
     proposed by the Senate. The conferees have made reductions to 
     the budget request due to a large number of vacancies and 
     unobligated balances within certain offices. Funding shall be 
     allocated as follows:

Under Secretary for Management...............................$1,870,000
Office of Security...........................................52,640,000
Office of the Chief Procurement Officer......................16,895,000
Office of the Chief Human Capital Officer.....................8,811,000
MAX-HR Human Resource System.................................25,000,000
Office of the Chief Administrative Officer...................40,218,000
Nebraska Avenue Complex (DHS headquarters)....................8,206,000
                                                       ________________
                                                       
  Total.....................................................153,640,000

                Office of the Chief Procurement Officer

       The conferees have fully funded the budget request for the 
     Office of the Chief Procurement Officer. Because the 
     Department has experienced numerous procurement problems, the 
     conferees support the Department's efforts to hire more 
     procurement staff both within this office, as well as within 
     a variety of DHS components. The Chief Procurement Officer 
     shall develop a procurement oversight plan, identifying 
     necessary oversight resources and how improvements in the 
     Department's performance of its procurement functions will be 
     achieved. This plan shall be provided to the Committees on 
     Appropriations and the Government Accountability Office (GAO) 
     no later than January 23, 2007. The conferees direct GAO to 
     brief the Committees no later than April 16, 2007, on their 
     analysis of this plan.
       The conferees direct GAO to review DHS compliance during 
     fiscal years 2005-06 with section 503(a)(5) of P.L. 108-334 
     and P.L. 109-90, which prohibit DHS from reprogramming funds 
     that were appropriated for federal FTEs for contracting out 
     similar functions, and report to the Committees on 
     Appropriations by March 1, 2007.


                              Headquarters

       While the conferees have fully funded the budget request of 
     $8,206,000 for enhancements to the DHS headquarters on 
     Nebraska Avenue, no funding has been provided to move the 
     U.S. Coast Guard headquarters to the St. Elizabeths complex. 
     This move has been proposed as the first phase to consolidate 
     most or all of DHS at the St. Elizabeths campus. However, the 
     Department is unable to elaborate on the reasons why St. 
     Elizabeths is the best location for a permanent DHS 
     headquarters, what other sites have been considered, which 
     specific components would move to that site, the total space 
     requirements for DHS headquarters, and the total costs 
     associated with using the St. Elizabeths site as a 
     headquarters location. The Department must develop a 
     comprehensive long-term plan for the future location of all 
     DHS offices and components, rather than the piecemeal 
     approach currently being used. As such, the conferees 
     prohibit the Department from relocating the Coast Guard's 
     headquarters, or any other DHS component, until DHS completes 
     a new, comprehensive headquarters master plan and submits a 
     prospectus for Congressional review and approval. In 
     addition, the conferees direct the Department to regularly 
     update the Committees on Appropriations on the expenditure of 
     funds provided to improve the current DHS headquarters on 
     Nebraska Avenue, as specified in the Senate report.


                     MAX-HR Human Resources System

       The conferees agree to provide $25,000,000 for the MAX-HR 
     human resources system and direct the Secretary to submit an 
     updated expenditure plan to the Committees on Appropriations 
     within 90 days after enactment of this Act. This plan shall 
     list all contract obligations, by contractor and year, and 
     include the purpose of the contract.

                 Office of the Chief Financial Officer

       The conferees agree to provide $26,000,000 instead of 
     $43,480,000 as proposed by the House and $26,018,000 as 
     proposed by the Senate. A slight funding reduction has been 
     made to the budget request due to the large number of 
     vacancies.


          Resource Management Transformation Office (eMerge2)

       The conferees provide no funding for the Resource 
     Management Transformation Office (eMerge2) as proposed by the 
     Senate, instead of $18,000,000 for eMerge2 as proposed by the 
     House. The conferees understand DHS has moved away from the 
     original system-centric eMerge2 program and has determined 
     necessary improvements for the Resource Management 
     Transformation Office should also encompass training, 
     financial policy, process changes, and internal controls. 
     Because DHS has about $40,000,000 in unobligated balances 
     from eMerge2 funding provided to the Office of the Chief 
     Information Officer (CIO), the conferees direct the Chief 
     Financial Officer (CFO) to use these remaining funds for 
     financial management improvements, and to continue to 
     coordinate systems improvements with the CIO. The CFO must 
     submit an expenditure plan for these remaining funds by 
     November 15, 2006.


                            Shared Services

       In spite of clear direction in sections 503 and 504, the 
     conferees are dismayed by an apparent disregard for 
     consistent and transparent budget execution within the 
     Preparedness Directorate. Sections 503 and 504 delineate 
     permissible transfer authority and require notification to 
     the Committees on Appropriations; the conferees are concerned 
     that these transfers exceeded the limits set forth in those 
     general provisions, particularly with regard to funding new 
     activities. As a result, the conferees direct the CFO to 
     review the use of shared services throughout the Department 
     and specifically within Preparedness to ensure that they are 
     in compliance with appropriation law and the proper use of 
     the Economy Act. Such blatant disregard of the Appropriations 
     Act will not be tolerated again.


                     Aligning Resources to Mission

       The conferees are concerned about the ability of some 
     Departmental agencies to effectively align resource 
     requirements to workload and mission needs. To address this 
     issue, the conferees have included specific reporting 
     requirements and/or re-aligned the funding structure of 
     select agencies experiencing difficulty aligning resources to 
     mission, such as U.S. Customs and Border Protection, Federal 
     Protective Service, Science and Technology Directorate, 
     Infrastructure Protection and Information Security, and U.S. 
     Secret Service. The conferees are committed to improving the 
     budgetary systems of these components and recognize the CFO's 
     efforts in mission cost modeling across the entire 
     Department. In the case of the Secret Service, the conferees 
     provide funding through an entirely new appropriations 
     account structure and recognize this may pose unique 
     challenges. The conferees direct the CFO to support the 
     Secret Service's transition to this new account structure by 
     assisting the agency in the improvement of its budget 
     execution and real-time tracking of resource hours.


                  Annual Appropriations Justifications

       The conferees direct the CFO to submit all of its fiscal 
     year 2008 budget justifications (classified and unclassified) 
     concurrent with the submission of the President's budget 
     request and at the level of detail specified in the House 
     report. In addition, the annual appropriations justifications 
     should include explicit information by appropriations 
     account, program, project, and activity on all reimbursable 
     agreements and uses of the Economy Act exceeding $50,000.


                 Monthly Execution and Staffing Reports

       Both the House and Senate Committees have been repeatedly 
     frustrated over the Department's inability to provide a 
     monthly budget execution report detailing the status of the 
     total obligational authority available and the status of 
     allotting, obligating and expending these funds by each 
     agency. For the past two years, the CFO has been unable to 
     provide this required monthly report on a timely basis. The 
     conferees modify and retain a general provision (section 531) 
     requiring the submission of this data, including the Working 
     Capital Fund, at the level of detail shown in the table of 
     detailed funding levels displayed at the end of the statement 
     of managers accompanying this Act. The monthly budget 
     execution report shall include 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 expenditures, and year-end unexpended 
     obligations, of the Department of Homeland Security. This 
     monthly report must also include on-board versus funded full-
     time equivalent staffing levels, as proposed by the Senate.

[[Page H7816]]

     The conferees direct this report to be submitted not more 
     than 45 days after the close of each month. Based on the 
     Department's historical ability to deliver the reports on a 
     timely basis, the conferees will revisit the bill provision 
     in future appropriations Acts.


                           Improper Payments

         The conferees are concerned the Department is not 
     complying with the Improper Payments Information Act of 2002. 
     The Department reported in its fiscal year 2005 Performance 
     and Accountability Report that none of its programs were 
     deemed to be at significant risk of making improper payments, 
     despite the fact that GAO found problems with billions of 
     dollars in payments responding to Hurricanes Katrina and 
     Rita. According to the Office of Management and Budget 
     Memorandum 30-13, ``significant'' is defined to mean at least 
     2.5 percent of all payments made are improper, and the 
     absolute dollar figure associated with that 2.5 percent or 
     more totals at least $10,000,000. The Improper Payment 
     Information Act requires federal programs and activities 
     deemed to be at ``significant'' risk of making improper 
     payments to report improper payment information to Congress. 
     The conferees expect the Department to comply with the 
     Improper Payments Information Act.

                Office of the Chief Information Officer

         The conferees agree to provide $349,013,000 for the 
     Office of the Chief Information Officer (CIO) instead of 
     $364,765,000 as proposed by the House and $306,765,000 as 
     proposed by the Senate. Funding shall be allocated as 
     follows:

  Salaries and Expenses.................................... $79,521,000
  Information Technology Services........................... 61,013,000
  Security Activities....................................... 89,387,000
  Wireless Programs......................................... 86,438,000
  Homeland Secure Data Network.............................. 32,654,000
                                                       ________________
                                                       
    Total................................................. $349,013,000


                                eMerge2

         The conferees direct the CIO to use the remaining 
     unobligated balances of approximately $40,000,000 from the 
     eMerge2 program for financial management improvements, and to 
     continue to coordinate systems improvements with the Chief 
     Financial Officer.


                    Information Technology Oversight

         The conferees support language contained in the House 
     report on information technology oversight and direct that no 
     funds be made available in this Act for obligation for any 
     information technology procurement of $2,500,000 or more 
     without approval of the DHS CIO. These procurements must 
     conform to DHS? Enterprise Architecture or justify any 
     deviation from it.


    National Center for Critical Information Processing and Storage 
                                (NCCIPS)

         The conferees agree to include $53,000,000 for NCCIPS 
     data centers. Of these funds, $12,000,000 shall be provided 
     for the ongoing efforts to develop and transition the 
     Department's multiple data centers to the NCCIPS. The 
     conferees support the Senate's recommendation to identify and 
     secure the NCCIPS secondary site and provide the remaining 
     $41,000,000 for those activities. To provide for continuity 
     of operations and fulfill back-up requirements, the conferees 
     direct the secondary facility and infrastructure be at a 
     separate remote location and the site selection be conducted 
     in a fair and open evaluation process. NCCIPS is intended to 
     migrate and consolidate critical infrastructure information, 
     thereby reducing unnecessary and duplicative investments by 
     the government. The conferees believe that integrating the 
     multiple centers and infrastructure to the primary and 
     secondary NCCIPS data centers will present significant 
     opportunities for cost saving and provide the best investment 
     for DHS critical information requirements.
         In consolidating the data centers to the NCCIPS, 
     consistent with section 888 of Public Law 107-296, the 
     conferees instruct the Department to implement the 
     consolidation plan in a manner that shall not result in a 
     reduction to the Coast Guard's Operations System Center 
     mission or its government-employed or contract staff levels.


                        Common Operating Picture

         The conferees acknowledge that DHS has made significant 
     progress developing systems such as the Homeland Security 
     Information Network, U.S. Public Private Partnership, and 
     Infrastructure Critical Asset Viewer, which facilitate 
     communications, situational awareness, and provide for the 
     sharing of information between DHS and its federal, state, 
     local, and commercial partners. These systems each address a 
     specific functional or customer requirement and lay the 
     groundwork for a comprehensive national incident prevention 
     and response system. The conferees encourage DHS to continue 
     developing these types of systems and the DHS CIO to 
     integrate all federal systems into a common architecture that 
     would address a broader functional and customer base to 
     include integration with state fusion centers.


               Homeland Security Presidential Directive--

         The conferees understand the Department and other federal 
     agencies are attempting to comply with the Homeland Security 
     Presidential Directive-12 mandate to begin using Personal 
     Identity Verification (PIV) cards for new employees and 
     contractors by October 27, 2006. The conferees provide the 
     requested amount of $2,966,000 for the Smartcard program. The 
     conferees encourage the Department to work expeditiously 
     toward implementation of PIV, card life cycle management and 
     certificate services and provide to the Committees on 
     Appropriations a briefing on the Department's plans to 
     implement this directive by December 1, 2006.

                        Analysis and Operations

         The conferees agree to provide $299,663,000 for Analysis 
     and Operations instead of $298,663,000 as proposed by the 
     House and the Senate. Up to $1,000,000 is for an independent 
     study on the feasibility of creating a counter terrorism 
     intelligence agency.


                      Situational Awareness Teams

         The conferees direct the National Operations Center and 
     Immigration and Customs Enforcement (ICE) to brief the 
     Committees on Appropriations, with written materials, on the 
     number and composition of the situational awareness teams, 
     their locations, actual and planned deployments in fiscal 
     years 2006 and 2007, impacts of the operations on ICE, and 
     the associated budgets and staffing resource needs.


                             Fusion Centers

         The conferees support language contained in the House 
     report on fusion centers and direct the Department to report 
     on the role of these fusion centers, the total number of 
     operational fusion centers, their effectiveness, their 
     funding sources and amounts, and where additional fusion 
     centers are necessary.


                           Operations Centers

         The conferees support language in the Senate report on 
     operations centers and direct the Government Accountability 
     Office to analyze the role of the National Operations Center 
     and the numerous DHS component operations centers and to make 
     recommendations regarding the operation and coordination of 
     these centers and report to the Committees their findings.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

         The conferees agree to provide $3,000,000 for the Office 
     of the Federal Coordinator for Gulf Coast Rebuilding as 
     proposed by the House instead of no funding as proposed by 
     the Senate. Within the funding provided, $1,000,000 is 
     unavailable for obligation until the Committees on 
     Appropriations receive an expenditure plan for fiscal year 
     2007. Any funding above the amount provided must be 
     reprogrammed or transferred in accordance with section 503 of 
     this Act.

                      Office of Inspector General

         The conferees agree to provide $85,185,000 for the Office 
     of Inspector General instead of $96,185,000 as proposed by 
     the House and $90,185,000 as proposed by the Senate.


                        Disaster Relief Funding

         In addition to the funding provided above, $13,500,000 is 
     available for transfer from the Disaster Relief Fund instead 
     of no funding as proposed by the House and $15,000,000 as 
     proposed by the Senate. The funds are to continue and expand 
     audits and investigations related to the Gulf Coast 
     hurricanes, including flood insurance issues. The Inspector 
     General is required to notify the Committees on 
     Appropriations no less than 15 days prior to any transfer 
     from the Disaster Relief Fund.


                        Secure Border Initiative

         The conferees support the Secure Border Initiative (SBI), 
     but are concerned that major technology contracts that are 
     expected to be awarded through the SBInet program require 
     substantial management and oversight. The conferees direct 
     the Inspector General to review and report on any contract or 
     task order relating to the SBInet program valued at more than 
     $20,000,000. These reviews should begin no earlier than 180 
     days after a contract has been awarded.


     Analysis, Dissemination, Visualization, Insight and Semantic 
                      Enhancement (ADVISE) Program

         The ADVISE program is designed to extract relationships 
     and correlations from large amounts of data to produce 
     actionable intelligence on terrorists. A prototype is 
     currently available to analysts in Intelligence and Analysis 
     using departmental and other data, including some on U.S. 
     citizens. The conferees understand up to $40,000,000 has been 
     obligated for ADVISE. The ADVISE program plan, total costs 
     and privacy impacts are unclear and therefore the conferees 
     direct the Inspector General to conduct a comprehensive 
     program review and report within nine months of enactment of 
     this Act.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

  United States Visitor and Immigrant Status Indicator Technology (US-
                                 VISIT)

         The conferees agree to provide $362,494,000 as proposed 
     by the House instead of $399,494,000 as proposed by the 
     Senate. Within this amount, $60,080,000 is available to 
     implement 10-print enrollment capability, and to continue the 
     development of interoperability between DHS's Automated 
     Biometric Identification System (IDENT) and the Federal 
     Bureau of Investigation's Integrated Automated Fingerprint 
     Identification System (IAFIS).


                           Strategic Planning

         The conferees support language contained in the House and 
     Senate reports concerning the submission of a strategic plan

[[Page H7817]]

     for US-VISIT. The conferees direct the strategic plan to 
     include: the cost and schedule of migration to a ten-
     fingerprint system with interoperability of IAFIS and IDENT 
     fingerprint databases; a complete schedule for the full 
     implementation of the exit portion of the program; and a plan 
     of how US-VISIT fits into the Department's larger border and 
     immigration initiatives.


                  IDENT/IAFIS and 10-print Enrollment

         The conferees reiterate their strong support for on-going 
     efforts to ensure interoperability between the IDENT and 
     IAFIS biometric databases and are pleased with the movement 
     towards ten-print enrollment in US-VISIT. The conferees 
     continue to believe that these critical border integrity 
     activities must occur as expeditiously as possible.


            The Western Hemisphere Travel Initiative (WHTI)

         The conferees direct the Secretary to report on the 
     architecture for the WHTI ``PASS'' card, as specified in the 
     Senate report. This report should address the Department's 
     plans and abilities to address all requirements included 
     within section 546 of this Act.

              United States Customs and Border Protection


                         salaries and expenses

         The conferees agree to provide $5,562,186,000, instead of 
     $5,433,310,000 as proposed by the House and $5,329,874,000 as 
     proposed by the Senate. This includes: $2,277,510,000 for 
     border security between ports of entry, including funds to 
     support an additional 1,500 Border Patrol agents and an 
     additional $20,000,000 for Border Patrol vehicles. The 
     conferees agree to transfer $3,100,000 for the costs of 
     salaries, equipment, and operations for the Customs Patrol 
     Officers (``Shadow Wolves'') to Immigration and Customs 
     Enforcement.
         The conference agreement includes $1,860,491,000 for 
     border security inspections and trade facilitation, 
     including: $34,800,000 for an additional 450 United States 
     Customs and Border Protection (CBP) officers; an additional 
     $147,000,000 for non-intrusive inspection equipment; 
     $6,800,000, as requested, for the Immigration Advisory 
     Program; $4,750,000 to continue textile transshipment 
     enforcement; $10,165,000, as requested, for the operations 
     and maintenance of the Advanced Training Center; and funds to 
     support 100 percent validation and periodic re-validation of 
     all Customs-Trade Partnership Against Terrorism (C-TPAT) 
     certified partners and 100 percent manifest review of cargo 
     shipped from all Container Security Initiative (CSI) ports. 
     The conferees provide $1,027,000, as requested, for other 
     technology investments, including the In-Bond Cargo Container 
     Security Program, within a consolidated program, project, and 
     activity for inspections, trade, and travel facilitation at 
     ports of entry. The conferees do not include $1,200,000, as 
     requested, for the Fraudulent Document Analysis Unit, as 
     proposed by the Senate.
         The conference agreement includes $175,796,000 for Air 
     and Marine personnel compensation and benefits, including: 
     $5,500,000, as requested, for the Great Falls, Montana 
     airwing; $3,100,000 to fully staff the Air and Marine 
     Operations Center; $5,000,000 to activate the North Dakota 
     airwing; and $2,800,000 to fully staff the New York and 
     Washington airwings.
         The following table specifies funding by budget program, 
     project, and activity:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Headquarters, Management, and Administration:
    Management and Administration, Border Security          $658,943,000
     Inspections and Trade Facilitation..............
    Management and Administration, Border Security           589,446,000
     and Control between Ports of Entry..............
                                                      ------------------
        Subtotal, Headquarters Management and              1,248,389,000
         Administration..............................
Border Security Inspections and Trade Facilitation:
    Inspections, Trade, and Travel Facilitation at         1,326,665,000
     Ports of Entry..................................
    Harbor Maintenance Fee Collection (Trust Fund)...          3,026,000
    Container Security Initiative....................        139,312,000
    Other international programs.....................          8,701,000
    Customs-Trade Partnership Against Terrorism......         54,730,000
    Free and Secure Trade (FAST)/NEXUS/SENTRI........         11,243,000
    Inspection and Detection Technology Investments..        241,317,000
    Automated Targeting Systems......................         27,298,000
    National Targeting Center........................         23,635,000
    Training.........................................         24,564,000
                                                      ------------------
        Subtotal, Border Security Inspections and          1,860,491,000
         Trade Facilitation..........................
Border Security and Control between Ports of Entry:
    Border Security and Control......................      2,239,586,000
    Training.........................................         37,924,000
                                                      ------------------
        Subtotal, Border Security and Control between      2,277,510,000
         POEs........................................
Air and Marine Personnel Compensation and Benefits...        175,796,000
                                                      ==================
            Total....................................      5,562,186,000
------------------------------------------------------------------------

                       Resource Allocation Model

         The conferees are concerned with the ability of CBP to 
     effectively align its staffing resources to its mission 
     requirements. The conferees direct CBP to submit by January 
     23, 2007, a resource allocation model for current and future 
     year staffing requirements, as specified by the House and 
     Senate reports. Specifically, this report should assess 
     optimal staffing levels at all land, air, and sea ports of 
     entry and provide a complete explanation of CBP's methodology 
     for aligning staffing levels to threats, vulnerabilities, and 
     workload across all mission areas.
       Of particular concern is CBP's ability to effectively 
     process the growing processing workload at the nation's 
     airports that are experiencing significant growth in 
     passenger volume and wait times. The conferees recognize the 
     airports listed in the House and Senate reports as 
     experiencing exceptional growth in workload and processing 
     challenges. The conferees direct CBP to include in its 
     resource allocation model for airports the number of flights 
     that took longer than 60-minutes to process. The airport 
     processing section of the resource allocation model shall 
     comply with the content requirements specified within the 
     House and Senate reports. CBP shall expand the wait time 
     information per airport on its website, as specified by the 
     House and Senate reports.


              Headquarters, Management, and Administration

       The conferees agree to provide $1,248,389,000 as proposed 
     by the House instead of $1,258,389,000 as proposed by the 
     Senate. The conferees are concerned with the lack of 
     visibility into the exceptionally large CBP headquarters, 
     management, and administration program, project, and activity 
     levels and direct CBP to provide a detailed justification 
     along functional or operational lines in the fiscal year 2008 
     budget request.


                  Port, Cargo, and Container Security

       The conferees recognize port, cargo, and container security 
     as a major issue confronting CBP. To address this issue, the 
     conferees provide $181,800,000 for an additional 450 CBP 
     officers and critical non-intrusive inspection equipment and 
     fully fund the budget request for all cargo security and 
     trade facilitation programs within CBP. The conferees also 
     include stringent reporting and performance requirements for 
     port, cargo, and container security under the Office of the 
     Secretary and Executive Management. CBP is directed to comply 
     with all aspects of reporting requirements specified in the 
     statement of managers and the House report regarding the 
     port, cargo, and container strategic plan. The conferees 
     encourage CBP to prioritize the assignment of additional 
     officers funded by this Act to the nation's busiest ports of 
     entry, especially seaports. The conferees note that 
     sufficient funding is provided in this Act to allow CBP to 
     meet the strategic plan requirements of 100 percent initial 
     validation and periodic re-validation of all C-TPAT certified 
     partners as well as for 100 percent manifest review at all 
     CSI ports.


                      Immigration Advisory Program

       The conferees believe CBP's Immigration Advisory Program 
     (IAP) has shown great potential to prevent people who are 
     identified as national security threats or are inadmissible 
     from traveling to the United States. The conferees provide 
     $6,800,000, as requested, to support CBP's proposed expansion 
     of the IAP to London and Tokyo within fiscal year 2007. The 
     conferees direct CBP to report on the performance of the IAP 
     no later than January 23, 2007.


                        Agricultural Inspections

       The conferees are concerned with the steps the Department 
     is taking to improve the targeting of agricultural 
     inspections and direct the Secretary to submit a report 
     consistent with section 541 of the Senate bill.

[[Page H7818]]

                   One Face at the Border Initiative

       The conferees recognize the benefits of cross-training 
     legacy customs, immigration, and agricultural inspection 
     officers as part of CBP's ``One Face at the Border 
     Initiative'' and direct CBP to ensure that all personnel 
     assigned to primary and secondary inspection duties at ports 
     of entry have received adequate training in all relevant 
     inspection functions.


                            Methamphetamine

       The conferees direct CBP to continue to focus on 
     methamphetamine in its reporting and analysis of trade flows 
     to prevent the spread of this dangerous narcotic throughout 
     the United States.


                   Textile Transshipment Enforcement

       The conferees include $4,750,000 to continue textile 
     transshipment enforcement. The conferees direct CBP to report 
     on its execution of the five-year strategic plan submitted to 
     Congress, including enforcement activities, numbers of 
     seizures and penalties imposed, as well as a status report of 
     personnel responsible for enforcing textile laws.


                   Enforcement of Trade Remedies Laws

       The conferees have ensured, within the amounts provided for 
     this account, the availability of sufficient funds to enforce 
     the anti-dumping authority contained in section 754 of the 
     Tariff Act of 1930 (19 U.S.C. 1675c).
       The conferees direct CBP to continue to work with the 
     Departments of Commerce and Treasury, and the Office of the 
     United States Trade Representative, and all other relevant 
     agencies to increase collections and to provide an annual 
     report within 30 days of each year's distributions under the 
     law summarizing CBP's efforts to collect past due amounts and 
     increase current collections, particularly with respect to 
     cases involving unfairly-traded Asian imports. The conferees 
     direct CBP to update that report, in particular, by breaking 
     out the non-collected amounts for each of the fiscal years 
     2004, 2005, 2006, 2007, and each year thereafter, by order 
     and claimant, along with a description of each of the 
     specific reasons for the non-collection with respect to each 
     order.
       CBP is also directed to report to the Committees on 
     Appropriations no later than February 8, 2007, on the amounts 
     of antidumping and countervailing duties held by CBP in the 
     Clearing Account for unliquidated entries as of October 1, 
     2006, segregated by case number and Department of Commerce 
     period of review. In that same report, CBP is to explain what 
     other enforcement actions it is taking to collect unpaid 
     duties owed the U.S. government; how it has implemented the 
     five recommendations for executive action that were contained 
     in GAO Report (GAO-05-979); and explain whether CBP has 
     completed all of the initiatives, processes, and procedures 
     identified in its February 2005 report to the Committees on 
     Appropriations (including Attachment 1) concerning 
     implementation of the recommendations that were contained in 
     the U.S. Treasury Department Office of the Inspector General 
     report on the Continued Dumping and Subsidy Offset Act.
       CBP is also directed to provide the Committees with prior 
     notice of how CBP plans to clarify or provide guidelines for 
     the preparation of Continued Dumping and Subsidy Offset Act 
     (CDSOA) certification of claims and any modifications or 
     revisions of regulations that may be proposed by CBP 
     concerning CDSOA.


                            Border Security

       The conferees agree to provide $379,602,000 for an 
     additional 1,500 Border Patrol agents instead of $325,447,000 
     as proposed by the House and $330,602,000 as proposed by the 
     Senate. With the additional funding provided in this Act, the 
     Border Patrol agent workforce should increase to 14,819 
     agents.


                        Northern Border Staffing

       The conferees continue to be concerned with erosions in the 
     level of Border Patrol agent staffing along the Northern 
     Border. Given the Secretary's responses to hearing questions, 
     the conferees expect the Department to meet its stated goal 
     of relocating experienced agents to the Northern Border equal 
     to 10 percent of new agent hiring.


                       Border Security Technology

       The conferees agree to not fund border security technology 
     within the salaries and expenses appropriation and instead 
     create a new, integrated appropriation for fencing, tactical 
     infrastructure, and technology.


                         Border Patrol Vehicles

       The conferees are extremely disappointed by CBP's 
     insufficient vehicle fleet planning considering the rapid 
     growth of the agency's workforce and operations. Furthermore, 
     the conferees are unclear on the cost-benefit analysis CBP 
     uses to compare operating costs of standard commercial 
     vehicles to those that may be more appropriate for unique 
     topographical and environmental conditions along our border. 
     CBP is directed to re-submit its Vehicle Fleet Management 
     Plan by January 23, 2007, in accordance with all requirements 
     specified in the House and Senate reports, and including a 
     full description of the process CBP uses to evaluate vehicles 
     to meet both mission requirements and cost constraints.


                          Border Tunnel Policy

       The conferees concur with the reporting requirement in the 
     Senate report on development of a Departmental policy 
     regarding tunnels as well as the need to budget for tunnel 
     remediation in future budget submissions as discussed in the 
     House report.


                              Carrizo Cane

       The conferees understand the removal of Carrizo cane from 
     certain Rio Grande border locations may improve conditions 
     for Border Patrol operations, and direct CBP to utilize the 
     resources necessary for this removal, if it is determined to 
     be necessary. Further, CBP is directed, in conjunction with 
     the Department of the Interior, to develop a pilot project to 
     test various means of eradication and control of Carrizo 
     cane.


                        AUTOMATION MODERNIZATION

         The conferees agree to provide $451,440,000 as proposed 
     by the House instead of $461,207,000 as proposed by the 
     Senate. This amount includes funding for the Automated 
     Commercial Environment (ACE), the Integrated Trade Data 
     System (ITDS), and the costs of the legacy Automated 
     Commercial System. Of this funding, not less than 
     $316,800,000 shall be for ACE and ITDS, of which $16,000,000 
     is for ITDS. Bill language prohibits the obligation of 
     $216,800,000 until the Committees on Appropriations receive 
     and approve an automation modernization expenditure plan.


                         ACE Program Oversight

         The conferees support House language on ACE program 
     oversight and direct CBP to improve oversight by assuring 
     releases are ready to proceed beyond critical design and 
     production readiness review before deployment. Also, CBP 
     shall ensure ACE aligns its goals, benefits, desired business 
     outcomes, and performance metrics. Future appropriations 
     decisions will be affected by CBP's progress towards these 
     goals over the year.


        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

         The conferees agree to provide $1,187,565,000 for the 
     integrated border security fencing, tactical infrastructure, 
     and technology system instead of $115,000,000 as proposed by 
     the House within the CBP salaries and expenses appropriation 
     and $131,559,000 for border security technology within a 
     separate technology modernization appropriation and 
     $106,006,000 for tactical infrastructure within the CBP 
     construction appropriation as proposed by the Senate. Funds 
     are available until expended. When combined with recently 
     enacted supplemental funds, a total of $1,512,565,000 is 
     available for this purpose in fiscal year 2007. Within the 
     total provided, $30,500,000 is provided for the San Diego 
     Border Infrastructure System and $57,823,000 is provided for 
     tactical infrastructure in Western Arizona. The conferees 
     direct the Secretary to submit, within 60 days after the date 
     of enactment of this Act, an expenditure plan for 
     establishing a security barrier along the border of the 
     United States to the Committees on Appropriations, as 
     specified in bill language. The conferees withhold 
     $950,000,000 until the expenditure plan is received and 
     approved.


                          Budget Justification

         To support DHS' integrated, systems-based approach to 
     border security, funding requested separately for border 
     security technology and tactical infrastructure is combined 
     into one account. CBP is directed to integrate its future 
     budget requests for border security fencing, tactical 
     infrastructure, and technology within this account. CBP is 
     further directed to provide a fiscal year 2008 budget 
     justification subdivided by program, project, and activity 
     levels for operations and maintenance, procurement, systems 
     engineering and integration, and program management.


                          Contract Management

         The conferees direct CBP and the Secure Border 
     Coordination Office to work with the Department's Office of 
     the Chief Procurement Officer (CPO) and Office of the Chief 
     Financial Officer (CFO) to rigorously oversee all contracts 
     and subcontracts awarded for the integrated border security 
     fencing, tactical infrastructure, and technology system, and 
     work to minimize excessive use by contractors of 
     subcontractors or tiers of subcontractors to perform the 
     principal work of the contract. If interagency contracts are 
     utilized, the Secure Border Coordination Office is directed 
     to confirm to the CPO and CFO that the scope of the contract 
     is appropriate and that performance of the CBP portion of the 
     contract is measured and controlled by CBP. The acquisition 
     management system utilized for the funds within this account 
     must produce credible, reliable and timely data that is 
     promptly reviewed by the CBP acquisition workforce. 
     Performance shortfalls must be addressed quickly with 
     approved action plans. The conferees expect the Secure Border 
     Coordination Office to operate under clear, consistent, and 
     enforceable acquisition policies and processes for all 
     contracts awarded through the Department's Secure Border 
     Initiative. The conferees further expect the Department to 
     ensure CBP's acquisition workforce has the skills needed to 
     carry out its responsibilities effectively.


 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

         The conferees agree to provide $602,187,000 instead of 
     $373,199,000 as proposed by the House and $458,499,000 as 
     proposed by the Senate. This includes: $70,000,000 for the P-
     3 service life extension program and additional P-3 flight 
     hours; $20,000,000 for helicopter acquisition; $20,000,000 
     for the acquisition of unmanned aerial vehicles (UAVs) and 
     related support systems; $10,000,000 for the 
     missionization of manned covert surveillance aircraft; 
     $2,000,000 for marine interceptor boat replacement; 
     $64,000,000 for the

[[Page H7819]]

     acquisition or refurbishment of two medium lift 
     helicopters; $58,000,000 for the acquisition of two multi-
     role aircraft; and $18,700,000 for Northern Border 
     airwings, of which $12,000,000 is provided for the 
     establishment of the fourth Northern Border airwing in 
     Grand Forks, North Dakota, and $5,500,000 is provided for 
     the new Northern Border airwing in Great Falls, Montana. 
     The conferees direct CBP to include sufficient funds in 
     its fiscal year 2008 budget submission to establish the 
     fifth and final Northern Border airwing in Detroit, 
     Michigan. The conferees do not include a rescission of 
     $14,000,000 as proposed by the Senate.


                          UAV Incident Report

         The conferees direct CBP to submit the official findings 
     regarding the April 25, 2006, UAV mishap to the Committees on 
     Appropriations, the Senate Committee on Homeland Security and 
     Governmental Affairs, and the House Committee on Homeland 
     Security no later than January 23, 2007.


                       Northern Border UAV Pilot

         The conferees encourage the Secretary to work 
     expeditiously with the Administrator of the Federal Aviation 
     Administration to establish and conduct a pilot program to 
     test unmanned aerial vehicles for border surveillance along 
     the U.S.--Canada border at Northern Border airwing bases 
     consistent with section 551 of the Senate bill.


                              Construction

         The conferees agree to provide $232,978,000 instead of 
     $175,154,000 as proposed by the House and $288,084,000 as 
     proposed by the Senate. This includes: $59,100,000 for 
     facilities to accommodate 1,500 additional Border Patrol 
     agents; $50,900,000 to accelerate the CBP master plan 
     construction; and $32,100,000 for the Advanced Training 
     Center. The conferees have funded the $106,006,000 requested 
     for fencing and tactical infrastructure in the new Border 
     Security Fencing, Infrastructure, and Technology 
     appropriation. The conferees include funding for the Ajo, 
     Arizona station at no less than the requested level. The 
     conferees direct CBP to provide a spending plan and a revised 
     master plan consistent with the Senate report to the 
     Committees on Appropriations that reflects all funding 
     provided for CBP major construction in this Act and in P.L. 
     109-234.

                  Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

         The conferees agree to provide $3,887,000,000 for 
     Immigration and Customs Enforcement (ICE) salaries and 
     expenses, instead of $3,850,257,000 as proposed by the House 
     and $3,798,357,000 as proposed by the Senate. This includes 
     $153,400,000 for additional bed space capacity, with 
     corresponding personnel and support, $94,000,000 for 
     additional removal and transportation capacity, and 
     $76,000,000 for 23 additional fugitive operations teams and 
     associated bed space. When these new resources are combined 
     with fiscal year 2006 supplemental funding, ICE will 
     sustain an average bed space capacity of 27,500, as 
     proposed by the President.
       The conference agreement includes further new funding, as 
     follows: $4,600,000 for internal controls and procurement 
     management; $5,000,000 for the Office of Professional 
     Responsibility; $10,000,000 for Compliance Enforcement Units; 
     $30,000,000 for expanded Worksite Enforcement efforts; 
     $20,000,000 for additional vehicles for Detention and Removal 
     Operations; $10,000,000 for additional vehicles for the 
     Office of Investigations; $6,800,000 for the Trade 
     Transparency Unit; $2,000,000 for the Criminal Alien Program; 
     $2,500,000 for Alternatives to Detention; and $1,000,000 for 
     the Human Smuggling and Trafficking Center.
       Finally, the agreement includes: $21,806,000 for the Law 
     Enforcement Support Center; $5,400,000 for training to 
     support implementation of section 287(g) of the Immigration 
     and Nationality Act; $3,100,000 for the costs of salaries, 
     equipment and operations for the Customs Patrol Officers 
     (``Shadow Wolves'') to reflect their transfer from U.S. 
     Customs and Border Protection; $8,000,000 for the Cyber 
     Crimes Center and support of its Child Exploitation Unit, 
     including $5,000,000 for continued investment in computer 
     forensic storage and digital evidence processing capacity; 
     $4,750,000 to continue textile transshipment efforts; and 
     $2,000,000 for what the conferees expect to be the final year 
     for ICE to fund the Legal Orientation Program. The following 
     table specifies funding by budget activity:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
  Headquarters Management and Administration:
    Personnel Compensation and Benefits, Services and       $140,000,000
     other...........................................
        Headquarters Managed IT investment...........        134,013,000
                                                      ------------------
        Subtotal, Headquarters Management and                274,013,000
         Administration..............................
Legal Proceedings....................................        187,353,000
Investigations:
    Domestic Operations..............................      1,285,229,000
    International Operations.........................        104,681,000
                                                      ------------------
        Subtotal, Investigations.....................      1,389,910,000
Intelligence.........................................         51,379,000
Detention and Removal:
    Custody Operations...............................      1,381,767,000
    Transportation and Removal.......................        238,284,000
    Fugitive Operations..............................        183,200,000
    Criminal Alien Program...........................        137,494,000
    Alternatives to Detention........................         43,600,000
                                                      ------------------
        Subtotal, Detention and Removal..............      1,984,345,000
                                                      ==================
            Total, Salaries and Expenses.............     $3,887,000,000
------------------------------------------------------------------------

                    detention and removals reporting

       The conferees direct ICE to submit a quarterly report to 
     the Committees on Appropriations as described in the Senate 
     report, with the first fiscal year 2007 quarterly report due 
     no later than January 30, 2007.


                             detainee bonds

       The conferees direct ICE to submit a report to the 
     Committees on Appropriations on how to improve information 
     sharing and cooperation with detention bondholders, including 
     incentives to reduce the number of aliens who abscond after 
     receiving final Orders of Removal, and to locate and remove 
     absconders.


                       legal orientation program

       The conferees concur with the language expressing support 
     for the Legal Orientation Program as contained in House 
     Report 109-476 and, consistent with the direction in the 
     fiscal year 2006 Appropriations Act, strongly direct ICE and 
     the Department to work with the Executive Office for 
     Immigration Review and the Office of Management and Budget to 
     ensure any future funding for this program is included in 
     appropriations requests for the Department of Justice.


                       section 287(g) assistance

       The conferees include $5,400,000 for the costs associated 
     with implementing section 287(g) of the Immigration and 
     Nationality Act. The conferees expect funding to be used for 
     the training and other ICE operational costs directly 
     associated with implementing cooperative efforts with state 
     and local law enforcement pursuant to section 287(g) of the 
     Immigration and Nationality Act, and not to acquire or 
     provide information technology infrastructure for 
     participating state and local law enforcement agencies. The 
     conferees direct ICE to provide the Committees on 
     Appropriations, not later than December 1, 2006, a detailed 
     expenditure plan for use of section 287(g) funding 
     appropriated in fiscal years 2006 and 2007, to include direct 
     assistance to state and local agencies, and an updated report 
     no later than June 1, 2007.


                 Detention Management and Consolidation

       The conferees expect ICE to make the best possible use of 
     its detention funding, and are concerned the Secretary has 
     not yet transmitted the national detention management plan 
     required by the fiscal year 2006 Appropriations Act, keeping 
     $5,000,000 unavailable for obligation. The conferees direct 
     this report be released as soon as possible and expect it to 
     address the elements in the House report, including 
     mechanisms ICE will use to accomplish consolidation and 
     regional approaches described in its April 2006 report on a 
     national detention contract approach.


  Immigration Enforcement Cooperation with State and Local Government

       The conferees are greatly concerned with the burden of 
     illegal immigration on state and local law enforcement 
     agencies, and agree with the language in the House report 
     calling for expanded cooperation between federal, state and 
     local law enforcement agencies. To explore a more 
     comprehensive approach, the conferees direct ICE, in 
     coordination with the Secure Border Coordination Office, to 
     examine the feasibility of establishing high intensity 
     immigration trafficking and smuggling areas, analogous to 
     existing programs directed at countering drugs and money 
     laundering. The conferees

[[Page H7820]]

     include $1,000,000 under Domestic Investigations for this 
     purpose and direct ICE to submit its findings and 
     implementation options to the Committees on Appropriations no 
     later than June 30, 2007.


                       Unaccompanied Alien Minors

       The conferees are concerned by reports of unaccompanied 
     alien children not being routinely transferred from DHS 
     custody to the Office of Refugee Resettlement (ORR) within 
     the three-to-five day timeframe stipulated in the 1996 Flores 
     Settlement agreement, but held in unacceptable conditions 
     (e.g., Border Patrol stations or jail-like facilities) for 
     many days. The conferees direct ICE to contact ORR 
     immediately upon notification of apprehension of such 
     children, and ensure these children are transferred to ORR 
     custody within 72 hours. The conferees also direct ICE to 
     continue negotiations with ORR to resolve differences over 
     processing and transfer of custody; to explore transfer of 
     responsibility for such children to ORR; and to encourage ORR 
     to establish facilities near DHS detention facilities. The 
     conferees direct ICE, in conjunction with CBP, to submit a 
     report to the Committees on Appropriations, detailing by 
     month for each of fiscal years 2005 and 2006: the number of 
     unaccompanied alien minors detained by DHS for 72 hours or 
     less, and the number held more than 72 hours, with an 
     explanation for each child held in excess of 72 hours. 
     Further, the report should include recommendations for 
     actions to improve coordination between DHS and ORR. The 
     conferees direct ICE to consider using holistic age-
     determination methodologies as described in the House report.
       The conferees are also concerned about the dearth of 
     repatriation services for such children, who face uncertain 
     fates in their homelands, and urge DHS, in consultation with 
     the Department of State and ORR, to develop policies and 
     procedures to ensure such children are safely repatriated to 
     their home countries, including placement with their families 
     or other sponsoring agencies.


                           ICE Field Offices

       The conferees direct ICE to submit a report on the costs 
     and need for establishing sub-offices in Colorado Springs and 
     Greeley, Colorado.


                         Visa Security Program

       The conferees are disturbed bureaucratic obstacles have 
     prevented ICE from deploying Visa Security Units (VSU) to key 
     overseas locations, needlessly preventing highly trained 
     personnel from taking their posts overseas, and leaving 
     critical gaps in our ability to identify individuals from 
     high-risk areas who should not acquire U.S. visas and travel 
     to the U.S. The conferees direct the Secretary, in 
     consultation with the Secretary of State, to brief the 
     Committees on Appropriations not later than January 23, 2007, 
     on progress in staffing its overseas locations, listing all 
     planned and actual VSU positions and funding for fiscal years 
     2006 and 2007; the number of positions and locations not yet 
     filled; the numbers and posting of VSU officers not deployed 
     to their intended locations; and specific actions planned and 
     underway, resources required, and administrative decisions 
     necessary to ensure all planned visa security units are fully 
     operational as soon as possible.


                   Textile Transshipment Enforcement

       The conferees include $4,750,000 to continue textile 
     transshipment enforcement and direct ICE to report on its 
     execution of the five-year strategic plan submitted to 
     Congress, including details on ICE textile enforcement cases 
     (number initiated, closed, and resulting in prosecutions, 
     arrests, and penalties), as well as a status report of 
     personnel responsible for enforcing textile laws.


                       FEDERAL PROTECTIVE SERVICE

       The conferees agree to provide bill language making 
     revenues and security fees collected by the Federal 
     Protective Service (FPS) available until expended, without 
     the limitation of $516,011,000 proposed by the House and 
     Senate, and requiring a report from the Secretary on FPS 
     financial management. The conferees understand the current 
     projection for fiscal year 2007 collections is $567,000,000, 
     and direct FPS to notify the Committees on Appropriations 
     should this estimate change.


                        FPS Financial Management

       The conferees are disappointed with the slow response of 
     the Department and the Office of Management and Budget (OMB) 
     to the growing FPS funding shortfall. OMB and the Department 
     failed to evaluate and properly set fees for fiscal year 
     2006, allowing a festering funding imbalance to explode into 
     full-blown crisis, forcing reductions in other homeland 
     security priorities. Furthermore, the Department has 
     indicated FPS could face even larger shortfalls in fiscal 
     year 2007. The conferees direct ICE, the Department, and OMB, 
     as they continue efforts to resolve weaknesses in FPS 
     financial management and procurement, to ensure no transfers 
     are used to cover basic FPS operations, activities and 
     investment. The conferees expect such fiscal year 2007 costs 
     to be covered by the fees FPS assesses and collects from the 
     federal agencies whose facilities it protects. The conferees 
     direct the Secretary, in consultation with OMB, to report to 
     the Committees on Appropriations no later than November 1, 
     2006, on the extent and cause of any budgetary shortfall; the 
     Department's detailed plan to provide sufficient revenue to 
     operate in fiscal year 2007; and how the Department will fix 
     FPS financial, procurement, and accounting processes and 
     policies. Furthermore, the conferees direct the Secretary to 
     submit an updated report no later than April 30, 2007, 
     including actual and estimated collections and obligations by 
     month for the full fiscal year.


                        AUTOMATION MODERNIZATION

       The conferees agree to provide $15,000,000 for Automation 
     Modernization instead of no appropriation as proposed by the 
     House and $20,000,000 as proposed by the Senate. Of these 
     funds, $13,000,000 may not be obligated until the Committees 
     on Appropriations receive and approve an expenditure plan.


                              construction

       The conferees agree to provide $56,281,000 instead of 
     $26,281,000 as proposed by the House and $101,281,000 as 
     proposed by the Senate. The conferees include $30,000,000 for 
     infrastructure improvements at current Detention Centers in 
     order to improve the overall efficiency of the detention 
     process, as described in the Senate report. The conferees 
     direct the Department to submit a detailed spending plan for 
     the infrastructure improvement project described in the 
     Senate report.
       The following table specifies funding by project and 
     activity:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Projects and Activity:
    Krome, Florida: 250-bed secure dormitory.........        $ 6,409,000
    Krome, Florida, maintenance......................          5,000,000
    Port Isabel, Texas, Infrastructure...............          9,000,000
    Facility Repair and Alterations..................          5,872,000
    Infrastructure Improvement Project...............         30,000,000
                                                      ------------------
        Total, Construction..........................         56,281,000
------------------------------------------------------------------------

                 Transportation Security Administration


                           aviation security

       The conferees agree to provide $4,731,814,000 instead of 
     $4,704,414,000 as proposed by the House and $4,751,580,000 as 
     proposed by the Senate. In addition to the amounts 
     appropriated, a mandatory appropriation of $250,000,000 is 
     available to support the Aviation Security Capital Fund. Bill 
     language is also included to reflect the collection of 
     $2,420,000,000 from aviation user fees as authorized. The 
     following table specifies funding by budget activity:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Screener Workforce:
    Privatized screening.............................       $148,600,000
    Passenger and baggage screeners, personnel,            2,470,200,000
     compensation and benefits.......................
                                                      ------------------
        Subtotal, screener workforce.................      2,618,800,000
Screening training and other.........................        244,466,000
Human resource services..............................        207,234,000
Checkpoint support...................................        173,366,000
EDS/ETD Systems......................................
    EDS purchase.....................................        141,400,000
    EDS installation.................................        138,000,000
    EDS/ETD maintenance..............................        222,000,000
    Operation integration............................         23,000,000
                                                      ------------------
        Subtotal, EDS/ETD systems....................        524,400,000
                                                      ==================

[[Page H7821]]

 
            Total, screening operations..............     $3,768,266,000
Aviation, regulation and other enforcement...........        217,516,000
Airport management, information technology and               666,032,000
 support.............................................
Federal flight deck officer and flight crew training.         25,000,000
Air cargo............................................         55,000,000
                                                      ------------------
        Subtotal, aviation security direction and            963,548,000
         enforcement.................................
                                                      ==================
            Total, Aviation Security.................     $4,731,814,000
------------------------------------------------------------------------

                            Staffing Levels

       The conferees agree to provide $2,470,200,000 for federal 
     screeners, as requested in the budget. The conferees continue 
     longstanding bill language capping the full-time equivalent 
     (FTE) workforce at 45,000 as proposed by the House. The 
     conferees expect the Transportation Security Administration 
     (TSA) to have no more than 45,000 FTE screeners by the end of 
     fiscal year 2007. At this time, TSA is about 4,000 screeners 
     below this level. As such, the conferees recognize TSA may 
     need to realign its workforce throughout the year due to 
     attrition or advances in detection technologies. TSA has the 
     flexibility to hire screeners during the fiscal year at those 
     airports where additional or replacement screeners are 
     necessary to maintain sufficient aviation security and 
     customer service.


                     Privatized Screening Airports

       The conferees agree to provide $148,600,000 as proposed by 
     the House and the Senate. TSA is directed to notify the 
     Committees on Appropriations if TSA expects to spend less 
     than the appropriated amount due to situations where no 
     additional airports express interest in converting, either 
     fully or partially, to privatized screening, or 
     where airports currently using privatized screening 
     convert to using federal screeners. TSA shall adjust its 
     program, project, and activity (PPA) line items, within 
     ten days, to account for any changes in private screening 
     contracts and screener personnel, compensation and 
     benefits to reflect the award of contracts under the 
     screening partnership program, or the movement from 
     privatized screening into federal screening.


             Screeners at Commercial Airports and Heliports

       The conferees are concerned with TSA's current screening 
     policy at 24 commercial airports and heliports in the United 
     States that have requested TSA screening but continue to 
     operate with temporary screening or none at all. The 
     conferees remind TSA that section 44901 of the Aviation and 
     Transportation Security Act requires all passengers to be 
     screened, by either TSA or contracted screeners, before they 
     board commercial aircraft. Vision 100--the Century of 
     Aviation Reauthorization Act (P.L. 108-176) further clarified 
     TSA's screening requirements for charter air carriers with a 
     maximum take-off weight of more than 12,500 pounds and for 
     the deployment of screeners to certain airports. The 
     conferees direct TSA to provide screening at those airports 
     and heliports that have requested screening and encourage TSA 
     to consider contracting out the screening function if TSA 
     does not believe it would be efficient to place TSA personnel 
     in these locations.


                           Checkpoint Support

       The conferees agree to provide $173,366,000 as proposed by 
     the House instead of $180,966,000 as proposed by the Senate. 
     TSA shall place a priority on expanding the use of emerging 
     technologies at the highest risk airports so screeners can 
     better detect threats to our aviation system. The conferees 
     do not increase funding for this activity above the budget 
     request because TSA projects it will have about $56,000,000 
     in carryover balances from previous fiscal years to address 
     checkpoint support activities in 2007. The conferees direct 
     TSA to develop a strategic plan for screening passengers and 
     carry on baggage for all types of explosives, including a 
     timeline for deploying emerging technologies to airports and 
     the percent of passengers and carry on baggage currently and 
     projected to be screened by these emerging technologies. This 
     plan should take into account appropriations included in this 
     Act, as well as all prior year unobligated balances.


                 Explosive Detection Systems Purchases

       The conferees agree to provide $141,400,000 for explosive 
     detection systems (EDS) procurement as proposed by the Senate 
     instead of $136,000,000 as proposed by the House. Of this 
     total, up to $6,000,000 shall be for refurbishment of EDS 
     machines to maximize and extend the useful life of those EDS 
     machines manufacturers are willing to place back under 
     warranty. In addition, $47,000,000 shall be for the 
     procurement of multiple next-generation, in-line and stand 
     alone EDS systems. The conferees direct that no EDS funding 
     shall be used to procure explosive trace detection machines 
     (ETDs) unless they are necessary for secondary screening of 
     checked baggage, to replace an aging ETD system in those 
     airports that are primarily dependent on ETD technologies, or 
     to procure new ETD systems for new, small airports or 
     heliports that are federalized.


                           EDS Installations

       The conferees agree to provide a total of $388,000,000 for 
     EDS installation, including $250,000,000 in mandatory funding 
     from the Aviation Security Capital Fund and $138,000,000 in 
     this Act. This funding is sufficient to fulfill the Letters 
     of Intent, install next-generation EDSs at airports 
     nationwide, and complete other pending airport modifications.


                          EDS/ETD Maintenance

       The conferees agree to provide $222,000,000 for EDS/ETD 
     maintenance instead of $234,000,000 as proposed by the House 
     and $210,000,000 as proposed by the Senate. The conferees 
     encourage TSA to combine funding for maintenance of all 
     equipment (Checkpoint, EDS, and ETD) into one PPA in fiscal 
     year 2008 to provide a more complete picture of all 
     maintenance costs for equipment deployed throughout our 
     nation's airports.


                               Air Cargo

       TSA has been slow to obligate funding for air cargo 
     security. TSA projects one-tenth of the air cargo budget will 
     be carried into fiscal year 2007. The conferees encourage TSA 
     to use some of these unobligated balances or the fiscal year 
     2007 appropriation to hire additional permanent staff to 
     enhance TSA's analytic air cargo security capabilities.


                               Wait Times

       The conferees direct TSA to review airport wait times over 
     the past three years, identify those airports with above 
     average times, and provide this review with the fiscal year 
     2008 budget.


                    Alternative Screening Procedures

       Both the House and Senate reports expressed concern over 
     TSA's occasional use of alternative screening procedures. The 
     conferees support reporting requirements contained in both 
     House Report 109-476 and Senate Report 109-273, including: 
     develop performance measures and targets; track the use of 
     alternative screening procedures at airports; assess the 
     effectiveness of these measures; conduct covert testing at 
     airports using these techniques; and develop a plan to stop 
     alternative screening measures. TSA shall report to the 
     Committees on Appropriations; the House Committee on Homeland 
     Security; and the Senate Committee on Commerce, Science and 
     Transportation on implementation of these requirements.


                  Changes to Aviation Security Policy

         The conferees are aware that TSA is considering revising 
     the aviation security policy. These revisions may require 
     changes to staffing, such as who monitors airport exit lanes, 
     who may be a ticket checker, and who may move baggage to and 
     from EDS machines. Each of these policy decisions has a cost 
     implication. Before moving forward with any proposed change, 
     TSA shall brief the Committees on Appropriations on the 
     security and fiscal impact of each change and outline the 
     ramifications to the fiscal year 2007 appropriation. If these 
     costs exceed transfer and reprogramming thresholds, TSA must 
     notify the Committees as required by section 503 of this Act.


                            Prohibited Items

       The conferees direct the Comptroller General to report to 
     the Committees on Appropriations no later than six months 
     after the enactment of this Act on the impact on public 
     safety and on the effectiveness of screening operations 
     resulting from the modification announced by TSA on December 
     2, 2005, to the list of items permitted and prohibited from 
     being carried aboard a passenger aircraft.


                    SURFACE TRANSPORTATION SECURITY

       The conferees agree to provide $37,200,000 as proposed by 
     the House and the Senate. Within this total, $24,000,000 is 
     for surface transportation staffing and operations and 
     $13,200,000 is for rail security inspectors and canines.


           TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

       The conferees agree to provide a direct appropriation of 
     $39,700,000 instead of $74,700,000 as proposed by the House 
     and $29,700,000 as proposed by the Senate. In addition, the 
     conferees anticipate TSA will collect $76,101,000 in fees. 
     Funding is provided as follows:

Direct Appropriation:
Secure flight...............................................$15,000,000
Crew vetting.................................................14,700,000
Screening administration and operations......................10,000,000
                                                       ________________
                                                       
  Subtotal, direct appropriations............................39,700,000
Fee Collections:
Registered traveler..........................................35,101,000
Transportation worker identification credential..............20,000,000
Hazardous materials..........................................19,000,000
Alien flight school (transfer from DOJ).......................2,000,000
                                                       ________________
                                                       
  Subtotal, fee collections..................................76,101,000

[[Page H7822]]

            Transportation Worker Identification Credential

       The conferees are very supportive of expeditious 
     implementation of the transportation worker identification 
     credential (TWIC) program. Because TSA submitted a 
     reprogramming request to expedite this program, a direct 
     appropriation is no longer necessary in fiscal year 2007. The 
     conferees do not incorporate either House or Senate language 
     on TWIC.


                             Secure Flight

       The conferees agree to provide $15,000,000 as proposed by 
     the Senate instead of $40,000,000 as proposed by the House. 
     While the conferees remain supportive of the Secure Flight 
     concept, TSA has been reviewing and rebaselining this program 
     since the beginning of 2006, resulting in further delays to 
     this program. At this time, TSA cannot justify its fiscal 
     year 2007 budget request, cannot explain how this program 
     will move forward or detail the associated costs. More than 
     $21,000,000 of funding provided in fiscal year 2006 will 
     remain available for obligation in fiscal year 2007. Within 
     90 days after enactment of this Act, TSA shall submit a 
     detailed plan on achieving key milestones, as well as 
     certification of this program as discussed in section 514 of 
     this Act.
       In addition, the conferees are concerned TSA has made 
     little progress in ensuring the security of its Secure Flight 
     passenger screening program, and because of this, names are 
     checked only against the No Fly and Selectee lists, not the 
     full terrorist watch list. The conferees direct TSA to 
     provide a detailed program plan if the Administration 
     believes that security vulnerability exists between the lists 
     used for Secure Flight and the full terrorist watch list as 
     discussed in the House report.


                    Technical Assistance to Airlines

       The conferees direct TSA to 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.


                Screening Administration and Operations

       The conferees agree to provide $10,000,000 for screening 
     administration and operations. The conferees expect these 
     funds may be used to support the following programs, if 
     necessary: transportation worker identification credential, 
     armed law enforcement officer identity verification, alien 
     flight school, and sterile area credential checks. None of 
     the funds may be used to augment the Secure Flight program. 
     In addition, the conferees do not expect these funds to be 
     used to pay for airmen and pilot checks, activities that are 
     currently a Federal Aviation Administration responsibility. 
     TSA shall provide the Committees on Appropriations a plan 
     further elaborating how these funds will be utilized by 
     January 23, 2007.


                    TRANSPORTATION SECURITY SUPPORT

       The conferees agree to provide $525,283,000 instead of 
     $503,283,000 as proposed by the House and $618,865,000 as 
     proposed by the Senate. The conferees are aware of a large 
     number of vacancies within this program. Funding is provided 
     as follows:

Headquarters administration................................$294,191,000
Information technology......................................210,092,000
Intelligence.................................................21,000,000
                                                       ________________
                                                       
  Subtotal, transportation security support.................525,283,000


                            Expenditure Plan

       The conferees include bill language requiring TSA to submit 
     an expenditure plan to the Committees on Appropriations 
     detailing explosive detection systems procurement, 
     refurbishment, and installation on an airport-by-airport 
     basis for fiscal year 2007 no later than 60 days after 
     enactment of this Act, as discussed in the House report. The 
     conferees include bill language withholding $5,000,000 from 
     obligation until this plan is received.


                   Transportation Security Laboratory

       The conferees do not agree to a Senate provision 
     transferring the Transportation Security Lab (TSL) from the 
     Science and Technology Directorate (S&T) to TSA. This action 
     is taken in large part as a result of the successful 
     negotiation of a Memorandum of Understanding between the two 
     agencies signed on August 22, 2006. The conferees direct TSA 
     to work with S&T to determine appropriate research and 
     technology requirements to sustain current and advance future 
     aviation security capabilities. Further, S&T should clearly 
     reflect resource needs for the TSL in the fiscal year 2008 
     budget request to achieve these requirements. The conferees 
     further direct S&T to work expeditiously with TSA to develop 
     a research execution plan that meets the needs of TSA within 
     the amounts provided.


                          Financial Management

       The conferees are concerned financial management within TSA 
     has not fully recovered from the lack of internal controls 
     that were in place in its two start-up years. The conferees 
     understand the TSA may face financial obligations due to this 
     mismanagement and direct TSA to work expeditiously to 
     determine if a violation of the Anti-Deficiency Act took 
     place. If there is a shortfall, TSA shall submit a plan to 
     the Committees on Appropriations that addresses the 
     shortfall.


                          FEDERAL AIR MARSHALS

       The conferees agree to provide $714,294,000 for the Federal 
     Air Marshals (FAMs) instead of $699,294,000 as proposed by 
     the House and the Senate. Within this total, $628,494,000 is 
     for management and administration and $85,800,000 is for 
     travel and training.


                 Multi-Modal Security Enhancement Teams

       TSA has been piloting a program to use FAMs in multi-modal 
     security enhancement teams to counter potential criminal or 
     terrorist activities throughout the transportation sector, as 
     well as supplement local or state law enforcement agencies in 
     railroad and transit systems, within ports, and on ferries. 
     The conferees recognize that this mission goes beyond what 
     has been authorized for FAMs. Following the events in London, 
     it is imperative air marshals first and foremost focus is 
     protecting the aviation environment, including passenger 
     flights deemed to be a high security threat, before expanding 
     their roles into other transportation modes.

                       United States Coast Guard


                           OPERATING EXPENSES

       The conferees agree to provide $5,477,657,000 instead of 
     $5,481,643,000 as proposed by the House and $5,534,349,000 as 
     proposed by the Senate. Within this amount, $340,000,000 is 
     available for defense-related activities as proposed by both 
     the House and the Senate. The conferees have fully funded the 
     budget request except $5,986,000 is reduced from centrally 
     managed accounts due to high unobligated balances and no 
     funding is provided for the new Coast Guard headquarters at 
     the St. Elizabeths campus. In addition, the conferees include 
     $15,000,000 for port security inspections to double the 
     amount of foreign port assessments, to conduct unannounced 
     inspections of domestic port facilities, and for additional 
     port vulnerability and threat assessments, if necessary. 
     Funding for operating expenses shall be allocated as follows:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
Military pay and allowance:
    Military pay and allowance.......................     $2,342,434,000
    Military health care.............................        337,324,000
    Permanent change of station......................        108,518,000
                                                      ------------------
        Subtotal, military pay and allowance.........      2,788,276,000
Civilian pay and benefits:...........................        569,434,000
Training and recruiting:
    Training and education...........................         83,556,000
    Recruitment......................................         97,320,000
                                                      ------------------
        Subtotal, training and recruiting............        180,876,000
Operating funds and unit level maintenance:
    Atlantic Command.................................        188,982,000
    Pacific Command..................................        196,449,000
    1st District.....................................         50,388,000
    7th District.....................................         63,771,000
    8th District.....................................         39,985,000
    9th District.....................................         28,756,000
    13th District....................................         20,569,000
    14th District....................................         15,754,000
    17th District....................................         25,604,000
    Headquarters directorates........................        255,253,000
    Headquarters managed units.......................        125,104,000
    Other activities.................................            759,000
                                                      ------------------
        Subtotal, operating funds and unit level           1,011,374,000
         maintenance.................................
Centrally managed accounts:..........................        201,968,000

[[Page H7823]]

 
Intermediate and depot level maintenance:
    Aeronautical maintenance.........................        265,979,000
    Electronic maintenance...........................        111,736,000
    Civil/ocean engineering and shore facilities             176,394,000
     maintenance.....................................
    Vessel maintenance...............................        156,620,000
                                                      ------------------
        Subtotal, intermediate and depot level               710,729,000
         maintenance.................................
Port security inspections:...........................         15,000,000
                                                      ==================
        Total, operating expenses....................      5,477,657,000
------------------------------------------------------------------------

                               Personnel

       Bill language is provided in this Act to allow the Coast 
     Guard to transfer up to five percent of the Operating 
     Expenses (OE) appropriation to the Acquisition, Construction, 
     and Improvements (AC&I) appropriation for personnel, 
     compensation and benefits provided notice is given to the 
     Committees on Appropriations within 30 days of the transfer. 
     The conferees are aware of the Coast Guard's interest in 
     consolidating OE and AC&I personnel funding in the OE account 
     in order to provide greater flexibility to meet changing 
     personnel requirements. While the conferees support this 
     consolidation, a new PPA structure reflective of this 
     consolidation does not accompany this Act in order to allow 
     the Coast Guard to provide sufficient background materials to 
     the Committees. The conferees encourage the Coast Guard to 
     include the consolidation of OE and AC&I personnel funding, 
     and personnel funding in other accounts, as appropriate, into 
     the OE account in its fiscal year 2008 budget submission. The 
     budget submission shall include a crosswalk of the merged 
     accounts, which tracks personnel and resources from the 
     current PPA structure to the new structure proposed in the 
     budget submission.


                       New Headquarters Building

       The conferees have not provided funding for a new Coast 
     Guard headquarters building. According to DHS, relocating the 
     Coast Guard headquarters to St. Elizabeths campus in 
     Washington, D.C. would be the first phase of a larger effort 
     to move most or all of DHS headquarters' functions to that 
     location. However, the Department has not finalized a plan 
     identifying what specific components would move to the site; 
     the total space requirements for DHS headquarters; and total 
     costs associated with using the St. Elizabeths site as a 
     headquarters' location. Until such a plan has been completed 
     and reviewed by Congress, it is premature to relocate the 
     Coast Guard headquarters.


                      Merchant Mariners Licensing

       The conferees support increasing locations where merchant 
     mariner applicants may appear for fingerprinting and 
     identification, as discussed in the House report, and direct 
     the Coast Guard to complete this new rule expeditiously.


                Long Range Aids to Navigation (LORAN)-C

       The President's budget proposed terminating the LORAN-C 
     program. The conferees assume the continuation of the LORAN-C 
     program until: (1) the appropriate entities within the 
     Executive Branch have agreed in writing to the termination, 
     (2) the public has been notified, and (3) the appropriate 
     countries have been notified under existing international 
     agreements. Within 15 days of a coordinated Executive Branch 
     decision to terminate LORAN-C, the Coast Guard is directed to 
     provide a report to the Committees on Appropriations on the 
     entities within the Executive Branch that agreed to the 
     termination, the date such entities agreed to the 
     termination, and names of the officials who agreed to the 
     termination. Further, the report shall also include the date 
     and methods used to notify the public and foreign countries, 
     as appropriate under existing international agreements, of 
     the program's termination.


           Inappropriate Behavior at the Coast Guard Academy

       As discussed in the House report, the conferees direct GAO 
     to study the progress made by the Coast Guard Academy in 
     response to sexual harassment claims and report its findings 
     to the Committees on Appropriations; the House Committee on 
     Transportation and Infrastructure; and the Senate Committee 
     on Commerce, Science, and Transportation no later than 180 
     days after enactment.


                          Live-Fire Exercises

       The conferees are concerned Coast Guard's recent proposal 
     to establish live-fire zones on the Great Lakes was not well-
     coordinated with the public, and therefore direct Coast Guard 
     to provide public notice of safety zone closures for weapons 
     training beyond just marine band radio to include notices to 
     harbormasters and local media.


          Report on Base Closures and the Federal City Project

       The conferees direct Coast Guard to comply with the 
     reporting requirement of Senate bill section 553 no later 
     than 90 days after the enactment of this Act.


             Mission Hour Emphasis and Acquisition Reports

       The conferees direct Coast Guard to continue submitting 
     quarterly mission hour emphasis and acquisition reports to 
     the Committees on Appropriations consistent with the 
     deadlines articulated under section 360 of Division I of 
     Public Law 108-7.


                ENVIRONMENTAL COMPLIANCE AND RESTORATION

         The conferees agree to provide $10,880,000 as proposed by 
     the Senate instead of $11,880,000 as proposed by the House.


                            RESERVE TRAINING

         The conferees agree to provide $122,448,000 instead of 
     $122,348,000 as proposed by the House and $123,948,000 as 
     proposed by the Senate.


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

         The conferees agree to provide $1,330,245,000 instead of 
     $1,139,663,000 as proposed by the House and $1,145,329,000 as 
     proposed by the Senate. Funding is provided as follows:

Vessels and Critical Infrastructure:
  Response boat medium......................................$24,750,000
  Special purpose craft-law enforcement.......................1,800,000
                                                       ________________
                                                       
    Subtotal, vessels and critical infrastructure............26,550,000
Aircraft:
  Replacement HH-60 aircraft.................................15,000,000
                                                       ________________
                                                       
    Subtotal, aircraft.......................................15,000,000
Other Equipment:
  Rescue 21..................................................39,600,000
  Automatic identification system............................11,238,000
  High frequency recap........................................2,475,000
  National Capital Region air defense........................66,510,000
    Subtotal, Other Equipment...............................119,823,000
  Shore Facilities and Aids to Navigation....................22,000,000
Personnel and Related Support:
  Direct personnel costs.....................................80,500,000
  AC&I core.....................................................500,000
                                                       ________________
                                                       
    Subtotal, Personnel and Related Support..................81,000,000
Integrated Deepwater System:
                                                              Aircraft:
    Maritime patrol aircraft................................148,116,000
    VTOL unmanned aerial vehicles (UAVs)......................4,950,000
    HH-60 conversion projects................................49,302,000
    HC-130H conversion/sustainment projects..................48,955,000
    HH-65 re-engining project................................32,373,000
    Armed helicopter equipment...............................55,740,000
                                                       ________________
                                                       
    C-130J missionization.....................................4,950,000
      Subtotal, Aircraft....................................344,386,000
                                                         Surface Ships:
    National security cutter, construction..................417,780,000
    Fast response cutter.....................................41,580,000
    IDS patrol boat long range interceptor....................1,188,000
    Medium endurance cutter sustainment......................45,318,000
    Replacement patrol boat..................................48,000,000
                                                       ________________
                                                       
      Subtotal, Surface Ships...............................553,866,000
  C4ISR......................................................50,000,000
  Logistics..................................................36,000,000
  System engineering and management..........................35,145,000
  Government program management..............................46,475,000
                                                       ________________
                                                       
    Subtotal, Integrated Deepwater System.................1,065,872,000
                                                       ________________
                                                       
      Total, Acquisition, Construction, and Improvements..1,330,245,000


                        Replacement Patrol Boat

       The conferees remain concerned with the lack of Coast Guard 
     leadership in addressing the impending patrol boat crisis and 
     note Coast Guard's surface ship management assessment is 
     ``red'' for cost, schedule and contract administration. The 
     Coast Guard has yet to decide the deployment profile, dry-
     docking, service life, crewing, and concept of operations of 
     the much needed replacement patrol boat in part because the 
     Coast Guard did not admit to the need for a replacement 
     patrol boat until recently despite repeated direction from 
     the conferees. Given the significant gap in patrol boat hours 
     and the delays of the Fast Response Cutter (FRC) program, the 
     conferees strongly encourage the Coast Guard to proceed 
     expeditiously to evaluate replacement patrol boat designs

[[Page H7824]]

     and conduct a proposal effort as early in 2007 as possible. 
     The conferees provide $126,693,508 for replacement patrol 
     boats to address an immediate need. This funding consists of 
     a reappropriation of $78,693,508 as discussed in section 521 
     of this Act and a new appropriation of $48,000,000 as shown 
     on the table above. Any delay in this acquisition negates the 
     purpose of this funding: to fill the gap in patrol boat hours 
     until the Fast Response Cutters are operational. This funding 
     may also be used for service life extensions of the existing 
     110 foot Island class patrol boats, which become increasingly 
     critical as replacement patrol boat decisions are delayed. 
     The conferees direct the Coast Guard to provide monthly 
     briefings on the patrol boat replacement effort and 
     development of FRC, as well as a detailed plan for the 
     replacement patrol boat, including critical decision points 
     and dates, and planned service life extensions of existing 
     110-foot patrol boats, within two months after enactment of 
     this Act.


                                 C4ISR

       Even though C4ISR is pointed to by the Coast Guard as a 
     Deepwater success due to new capabilities like AIS and 
     SIPRNET, Coast Guard listed C4ISR design efforts as over cost 
     and behind schedule in a report submitted to the 
     Committees on Appropriations in August 2006. The conferees 
     understand a stop work order has been issued for Increment 
     2 and this increment is being ``rescoped''. The conferees 
     are concerned the Coast Guard needs to devote more 
     management attention to resolving C4ISR design problems 
     and directs the Coast Guard to provide a briefing on its 
     plan to resolve them. Furthermore, the conferees direct 
     the Coast Guard to improve the linkage between C4ISR and 
     demonstrate its value to operations.


                               Rescue 21

       The conferees agree to provide $39,600,000 for Rescue 21. 
     Funding may be expended to complete the Anuenue Project as 
     proposed by the Senate. Bill language limiting the obligation 
     of funding for vessel subsystem, as proposed by the House, is 
     not included.
       The Rescue 21 program has had repeated problems with 
     software development, cost overruns, and schedule delays, 
     causing the Coast Guard to terminate the vessel subsystem 
     portion of this contract. Due to past failures, the conferees 
     direct the Coast Guard to brief the Committees on 
     Appropriations on a quarterly basis, the first briefing by 
     January 31, 2007, on the status of this program and provide 
     supporting documentation, including a detailed breakout of 
     its revised cost and schedule and fully justify each 
     estimate, as discussed in the House report.


                    Replacement of Gulfport Station

       Public Law 109-234 provides funds for the relocation of the 
     Coast Guard Station in Gulfport, Mississippi. Due to changing 
     circumstances after Hurricane Katrina, these funds are for 
     design and construction of a replacement station on the 
     current site in keeping with the architectural design of the 
     community.


          Counterterrorism Training Infrastructure Shoot House

       The conferees do not provide funding for the 
     counterterrorism training infrastructure shoot house as 
     proposed by the House instead of $1,683,000 as proposed by 
     the Senate. While the conferees are not predisposed against 
     the need for a counterterrorism training infrastructure shoot 
     house, the Coast Guard failed to adequately explain the 
     complete costs of this project and outyear funding needs.


                         ALTERATION OF BRIDGES

       The conferees agree to provide $16,000,000 instead of 
     $17,000,000 as proposed by the House and $15,000,000 as 
     proposed by the Senate. Within this total, funds shall be 
     allocated as follows:

Burlington Northern Railroad Bridge in Burlington, Iowa......$1,000,000
Canadian Pacific Railway Bridge in LaCrosse, Wisconsin........2,000,000
Chelsea Street Bridge in Chelsea, Massachusetts...............3,000,000
Elgin, Joliet, and Eastern Railway Company Bridge in Morris, I1,000,000
Fourteen Mile Bridge in Mobile, Alabama.......................7,000,000
Galveston Causeway Bridge in Galveston, Texas.................2,000,000
                                                       ________________
                                                       
    Total....................................................16,000,000


              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

       The conferees agree to provide $17,000,000 instead of 
     $13,860,000 as proposed by the House and $17,573,000 as 
     proposed by the Senate.


        MEDICARE ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTION

       The conferees include a permanent and indefinite 
     appropriation of $278,704,000 for Medicare-eligible retiree 
     health care fund contribution as proposed by both the House 
     and the Senate.


                              RETIRED PAY

         The conferees agree to provide $1,063,323,000 as proposed 
     by both the House and the Senate.

                      United States Secret Service


                  New Appropriations Account Structure

       The conferees are very concerned about the ability of the 
     U.S. Secret Service (USSS) to effectively align its resource 
     requirements to workload and mission needs. To ensure 
     accountability in budgeting for the dual missions of 
     protection and investigations, the conferees provide funding 
     for the USSS in a new appropriations account structure, 
     depicted in detail tables that follow. The conferees 
     recognize the agency's concerns regarding the ability of its 
     budgetary systems to obligate and track funds in line with 
     this new structure and have included language under the 
     Office of the Chief Financial Officer directing support in 
     budget execution and the real-time tracking of resource 
     hours. The conferees direct the Secret Service to apply the 
     reprogramming and transfer guidelines contained within 
     section 503 of this Act, as needed, to adapt to the new 
     account structure as well as to preserve the interdependent 
     relationship between protection and investigations. The 
     conferees direct the USSS to report on the status of its 
     budgetary improvements, including the implementation of 
     refined performance metrics, as specified by the House 
     report.


                PROTECTION, ADMINISTRATION, AND TRAINING

       The conferees agree to provide $961,779,000 instead of 
     $956,399,000 as proposed by the House and $918,028,000 as 
     proposed by the Senate. This includes: $18,400,000 for 
     Presidential candidate nominee protection; $1,000,000 for 
     National Special Security Events; and an additional 
     $11,500,000 to support the protection costs of the 2008 
     Presidential Campaign and the President's post-Presidency 
     protective detail. Of the funds provided under this heading, 
     $2,000,000 is not available for obligation until the 
     Committees on Appropriations receive the overdue workload 
     rebalancing report, specified in the House report. The 
     conferees include a general provision (section 559) that 
     rescinds $2,500,000 in unobligated balances for National 
     Special Security Events and reappropriates the same amount, 
     extending its availability until expended.
       The following table specifies funding by budget program, 
     project, and activity:

Protection:
  Protection of persons and facilities.....................$651,247,000
  Protective intelligence activities.........................55,509,000
  National Special Security Events............................1,000,000
  Presidential Candidate Nominee Protection..................18,400,000
  White House mail screening.................................16,201,000
                                                       ________________
                                                       
    Subtotal, Protection....................................742,357,000
Administration Headquarters, management and administration..169,370,000
Training: James J. Rowley Training Center....................50,052,000
                                                       ================

      Total, Protection, Administration, and Training.......961,779,000


                       2008 Presidential Campaign

       The conferees do not agree to create a new appropriation 
     for protective activities related to the 2008 Presidential 
     Campaign and National Special Security Events and instead 
     provide requested funds in a separate program, project, and 
     activity within the Protection, Administration, and Training 
     appropriation. Funds provided for the 2008 Presidential 
     campaign are available until September 30, 2009. The 
     conferees direct the Secret Service to submit a comprehensive 
     expenditure plan, as specified by the House report, for the 
     2008 Presidential Campaign through the 2009 Presidential 
     inauguration. Further, the conferees direct the Secret 
     Service to submit quarterly reports, with the first report 
     due on January 23, 2007, on the status of filling the 
     required special agent billets to support the post-Presidency 
     protective detail.


                           Funding Priorities

       The conferees are concerned with the Secret Service's 
     ability to address its critical resource needs while carrying 
     an apparent shortfall within base budget for protection. The 
     conferees have fully funded the request for protective 
     terrorist countermeasures at $17,200,000 and have provided an 
     additional $11,500,000 for the 2008 Presidential campaign and 
     the post-Presidency protective detail. Prior to the 
     obligation of these funds, the Secret Service shall assess 
     the status of its base budget shortfall in fiscal year 2007 
     and apply these resources where required to meet the agency's 
     highest priority needs, in accordance with section 503 of 
     this Act.


                   INVESTIGATONS AND FIELD OPERATIONS

       The conferees agree to provide $311,154,000 instead of 
     $312,499,000 as proposed by the House and $304,205,000 as 
     proposed by the Senate. The amount provided under this 
     heading fully funds the budget request and includes: 
     $236,093,000 for domestic field operations; $22,616,000 for 
     international field office administration and operations, 
     including an additional $1,000,000 to support the costs of 
     re-constituting a resident office in Moscow, Russia; 
     $44,079,000 for the Electronic Crimes Special Agent Program 
     and Electronic Crimes Task Forces; and $8,366,000 for the 
     National Center for Missing and Exploited Children, of which 
     $6,000,000 is for grants and $2,366,000 is for forensic 
     support.


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       The conferees agree to provide $3,725,000 as proposed by 
     the House and Senate. Of the

[[Page H7825]]

     total provided under this heading, $500,000 is unavailable 
     for obligation until the Committees on Appropriations receive 
     the revised James J. Rowley Training Center master plan.

                  TITLE III--PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                     Management and Administration

         The conferees agree to provide $30,572,000 for management 
     and administration of the Preparedness Directorate as 
     proposed by the Senate instead of $39,468,000 as proposed by 
     the House. Included in this amount is $16,392,000 for the 
     immediate Office of the Under Secretary for Preparedness; 
     $4,980,000 for the Office of the Chief Medical Officer; 
     $2,741,000 for the Office of National Capital Region 
     Coordination; and $6,459,000 for the National Preparedness 
     Integration Program (NPIP).
         In spite of clear direction in sections 503 and 504 of 
     P.L. 109-90, the conferees are troubled by an apparent 
     disregard for consistent and transparent budget execution 
     within the Preparedness Directorate. As a result, the 
     conferees direct the Government Accountability Office (GAO) 
     to review the Department's use of shared services within the 
     entire Preparedness Directorate and report to the Committees 
     on Appropriations. The review shall focus on compliance with 
     appropriation law and the proper use of the Economy Act. The 
     conferees are concerned that the Preparedness Directorate is 
     funding new activities for which funds were not specifically 
     appropriated and are not shared services. The conferees 
     direct the Preparedness Directorate to provide all relevant 
     supporting documents to GAO on an expedited basis. The 
     conferees further direct the Preparedness Directorate to 
     provide to the Committees on Appropriations, within 30 days 
     after enactment, a budget execution plan by program, project, 
     and activity.


                  National Capital Region Coordination

         The conferees are concerned that planning for evacuation 
     of the National Capital Region during a disaster has not 
     incorporated all of the pertinent officials from the 
     appropriate states. Despite requests for such officials to be 
     included by Congress and the effected states, no such joint 
     planning efforts have occurred. Therefore, the conferees 
     include bill language requiring the Preparedness Directorate 
     to include the Governors of the State of West Virginia and 
     the Commonwealth of Pennsylvania in the National Capital 
     Region planning process for mass evacuations. Further, the 
     conferees direct the Preparedness Directorate to include 
     officials from the counties and municipalities that contain 
     the evacuation routes and their tributaries in the planning 
     process. The Secretary shall provide a report to the 
     Committees on Appropriations on the implementation of the 
     planning process, including a list of participants, no later 
     than January 23, 2007, and quarterly thereafter, on the 
     progress made to implement such plans.


               National Preparedness Integration Program

         The conferees note requests for a prioritization of the 
     initiatives proposed to be accomplished by the NPIP have not 
     been fulfilled. Without this prioritization, the conferees 
     were unable to support a level above that recommended by the 
     Senate. The conferees include bill language withholding the 
     funds provided for the NPIP until the Committees on 
     Appropriations receive and approve an expenditure plan.
         The conferees are concerned with the concept of creating 
     a Federal Preparedness Coordinator (FPC) for placement in 
     each Federal Emergency Management Agency (FEMA) Regional 
     Office. The conferees agree that an official overseeing 
     preparedness by region is appropriate. However, the conferees 
     are not convinced that creating a senior executive position 
     in the Preparedness Directorate, who reports through a chain 
     of command that does not include response and recovery 
     personnel in FEMA, will further the nation's readiness. 
     Separating preparedness and response functions is detrimental 
     during a disaster and, as demonstrated in past disasters, 
     leads to a lack of communication and a lack of situational 
     awareness, with dire consequences. During emergencies, state 
     emergency managers need clear communications and missions, 
     not confusion and redundancy. The conferees direct the Under 
     Secretary to focus NPIP funding on plan modernization and 
     resolving interoperability issues, as outlined by the Under 
     Secretary, and discourage the use of funds to hire FPCs.


                       National Preparedness Goal

         The conferees are disturbed by the delay in issuing the 
     final National Preparedness Goal (Goal). In the fiscal year 
     2006 statement of managers accompanying the conference report 
     (H. Report 109-241), the conferees directed the Department to 
     issue the final Goal, including the final Universal Task List 
     and Target Capabilities List, no later than December 31, 
     2005. To date, the final Goal and its component pieces have 
     not been published. Absent the final Goal, national 
     preparedness lacks clear direction and resources cannot be 
     most efficiently allocated. The conferees direct the 
     Department to publish the final Goal, without further 
     unnecessary delay. In addition, the Secretary shall 
     provide a report to the Committees on Appropriations 
     explaining what substantive improvements have been made to 
     the Goal as a result of the delay.


        Inspector General Report on the National Asset Database

         Not later than 30 days after the date of enactment of 
     this Act, the Secretary shall submit to the Committees on 
     Appropriations a report addressing compliance with the 
     recommendations set forth in the July 6, 2006, Inspector 
     General report entitled ``Progress in Developing the National 
     Asset Database.'' The report shall include the status of the 
     prioritization of assets into high-value, medium-value, and 
     low-value asset tiers, and how such tiers will be used by the 
     Secretary in the allocation of grant funds.


                   Hurricane Katrina Lessons Learned

         One year after Hurricanes Katrina, Rita and Wilma the 
     conferees remain concerned by slow progress of improvement 
     particularly in the areas of training and exercises to better 
     prepare for future emergencies. The conferees expect the 
     relevant Congressional Committees will be briefed by November 
     1, 2006, on improvements to training and exercises as 
     recommended by the White House, House, and Senate 
     investigations into Katrina.


               National Emergency Communications Strategy

         The conferees direct the Preparedness Directorate and 
     FEMA to coordinate revised strategy, procedures, and 
     instructions for supporting national emergency response 
     communications operations. The Department shall consider the 
     findings and recommendations of the after action reports for 
     Hurricane Katrina and other disasters produced by the White 
     House, federal agencies, the Congress, the GAO, and the 
     Inspector General, as well as state and local government 
     commissions who have reported on communications. The 
     conferees direct the Secretary to report to the Committees on 
     Appropriations on the progress of this effort by March 1, 
     2007. The report shall also include an assessment of short-
     term (defined as within two years after the date of enactment 
     of this Act), intermediate-term (defined as between two years 
     and four years after such date of enactment), and long-term 
     (defined as more than four years after such date of 
     enactment) actions necessary for the Department to take in 
     order to assist federal, state, and local governments achieve 
     communications interoperability, including equipment 
     acquisition, governance structure, and training.

                     office of Grants and Training


                         SALARIES AND EXPENSES

         The conferees agree that not to exceed three percent of 
     Homeland Security Grant Program funds and discretionary 
     grants may be used to fund salaries and expenses.


                        STATE AND LOCAL PROGRAMS

         The conferees agree to provide $2,531,000,000 instead of 
     $2,594,000,000 as proposed by the House and $2,400,000,000 as 
     proposed by the Senate. State and Local Programs funding is 
     allocated as follows:

State Formula Grants:
  State Homeland Security Program......................... $525,000,000
  Law Enforcement Terrorism Prevention Program............. 375,000,000
                                                       ________________
                                                       
    Subtotal, State Formula Grants......................... 900,000,000
Discretionary Grants:
  High-Threat, High-Density Urban Area..................... 770,000,000
  Port Security............................................ 210,000,000
  Trucking Security......................................... 12,000,000
  Intercity Bus Security.................................... 12,000,000
  Rail and Transit Security................................ 175,000,000
  Buffer Zone Protection Plan............................... 50,000,000
                                                       ________________
                                                       
    Subtotal, Discretionary Grants....................... 1,229,000,000
Commercial Equipment Direct Assistance Program.............. 50,000,000
National Programs:
  National Domestic Preparedness Consortium................ 145,000,000
  National Exercise Program................................. 49,000,000
  Metropolitan Medical Response System...................... 33,000,000
  Technical Assistance...................................... 18,000,000
  Demonstration Training Grants............................. 30,000,000
  Continuing Training Grants................................ 31,000,000
  Citizen Corps............................................. 15,000,000
  Evaluations and Assessments............................... 19,000,000
  Rural Domestic Preparedness Consortium.................... 12,000,000
                                                       ________________
                                                       
    Subtotal, National Programs............................ 352,000,000
      Total, State and Local Programs................... $2,531,000,000

         For purposes of eligibility for funds under this heading, 
     any county, city, village, town, district, borough, parish, 
     port authority, transit authority, intercity rail provider, 
     commuter rail system, freight rail provider, water district, 
     regional planning commission, council of government, Indian 
     tribe with jurisdiction over Indian country, 
     authorized tribal organization, Alaska Native village, 
     independent authority, special district, or other 
     political subdivision of any state shall constitute a 
     ``local unit of government''.
         The conferees urge the Department to work with state and 
     local governments to ensure regional authorities, such as 
     port,

[[Page H7826]]

     transit, or tribal authorities, are given due consideration 
     in the distribution of state formula grants.
         The conferees direct the Office of Grants and Training (G 
     and T) to continue to distribute Homeland Security Grant 
     Program grants in a manner consistent with the fiscal year 
     2006 practice. The conferees disagree with House language 
     regarding the use of authorized and traditional terrorist 
     focused funding and direct G and T to not alter the manner in 
     which grant funds are distributed. While certain grants are 
     authorized to be all-hazard, G and T is directed to ensure 
     that terrorism-focused funds provided herein are not 
     misdirected. The Department should continue its efforts to 
     evaluate State Homeland Security Program (SHSP), Law 
     Enforcement Terrorism Protection Program (LETPP), and High-
     Threat, High-Density Urban Area grants (also known as the 
     Urban Areas Security Initiative or UASI) applications based 
     on risk and on how effectively these grants will address 
     identified homeland security needs. In those areas of the 
     country where the risk is very high, the Department shall 
     work aggressively to ensure these applications are produced 
     in a manner in which appropriate levels of funding reflect 
     the level of threat. The conferees agree that states must 
     identify gaps in levels of preparedness and how funding will 
     close those gaps. The Department is encouraged to consider 
     the need for mass evacuation planning and pre-positioning of 
     equipment for mass evacuations in allocating first responder 
     funds and in allocating training, exercises and technical 
     assistance funds through the national programs.
         The conferees include bill language requiring the GAO to 
     report on the validity, relevance, reliability, timeliness, 
     and availability of the risk factors, and the application of 
     those factors in the allocation of discretionary grants to 
     the Committees on Appropriations no later than 45 days after 
     enactment. The Secretary is required to provide GAO with the 
     necessary information seven days after enactment of this Act. 
     The conferees direct the Preparedness Directorate to brief 
     the Committees on Appropriations by November 1, 2006, on the 
     steps it is taking to make transparent to states its risk-
     based grant methodology.
         The conferees agree that for SHSP, LETPP, and UASI 
     grants, application kits shall be made available 45 days 
     after enactment of this Act, states shall have 90 days to 
     apply after the grant is announced, and G and T shall act on 
     an application 90 days after receipt of an application. The 
     conferees further agree that no less than 80 percent of these 
     funds shall be passed by the state to local units of 
     government within 60 days of the state receiving funds, 
     except in the case of Puerto Rico, where no less than 50 
     percent of any grant under this paragraph shall be made 
     available to local governments within 60 days after the 
     receipt of the funds. The conferees direct the Secretary to 
     submit a report to the Committees on Appropriations 
     containing an assessment of state compliance in fiscal years 
     2005 and 2006 with the requirement to pass through funds in 
     60 days, accompanied by recommendations, if appropriate, to 
     improve compliance.
         The conferees are disappointed with the slow pace of 
     discretionary transportation and infrastructure grant awards 
     in fiscal year 2006. Bill language is included requiring 
     port, trucking, intercity bus, intercity passenger rail 
     transportation, and buffer zone protection grant applications 
     to be made available 75 days after enactment; applicants 
     shall have 45 days to apply after the grant is announced; and 
     G and T shall act on an application within 60 days after 
     receipt of an application.
         The conferees continue and modify a provision requiring 
     notification of the Committees on Appropriations before grant 
     notifications are made. For Homeland Security Grant Program 
     funds, G and T will brief the Committees on Appropriations 
     five full business days in advance of any notifications.
         The conferees expect G and T to continue all current 
     overtime reimbursement practices. The conferees continue bill 
     language prohibiting the use of funds for construction, 
     except for Port Security, Rail and Transit Security, and the 
     Buffer Zone Protection grants. However, bill language is 
     included to allow SHSP, LETPP, and UASI grants to be used for 
     minor perimeter security projects and minor construction or 
     renovation of necessary guard facilities, fencing, and 
     related efforts, not to exceed $1,000,000 as deemed necessary 
     by the Secretary. The conferees further agree the 
     installation of communication towers that are included in a 
     jurisdiction's interoperable communications plan does not 
     constitute construction for the purposes of this Act.
         The Secretary of Homeland Security is encouraged to 
     consult with the National Council on Radiation Protection and 
     Measurements and other qualified governmental and non-
     governmental organizations in preparing guidance and 
     recommendation for emergency responders to assist recovery 
     operations, and to protect the general public with respect to 
     radiological terrorism, threats, and events.


                          State Formula Grants

         The conferees agree to provide $525,000,000 for the State 
     Homeland Security Program instead of $545,000,000 as proposed 
     by the House and $500,000,000 as proposed by the Senate. The 
     conferees provide $375,000,000 for the Law Enforcement 
     Terrorism Protection Program instead of $400,000,000 as 
     proposed by the House and $350,000,000 as proposed by the 
     Senate.


                          Discretionary Grants

         The conferees agree to provide $1,229,000,000 instead of 
     $1,235,000,000 as proposed by the House and $1,172,000,000 as 
     proposed by the Senate. Within this total, $770,000,000 is 
     made available to the Secretary for discretionary grants to 
     high-threat, high-density urban areas. The conferees include 
     bill language requiring the Secretary to distribute funds 
     allocated in fiscal year 2006 for grants to non-profit 
     organizations determined by the Secretary to be at high risk 
     of terrorist attack. The Secretary shall consider prior 
     threats or attacks against like organizations when 
     determining risk, and shall notify the Committees on 
     Appropriations of the high risk or potential high risk to 
     each designated tax exempt grantee at least five full 
     business days in advance of the announcement of any grant 
     award.
         The conferees agree that for discretionary transportation 
     and infrastructure grants, Transportation Security 
     Administration (TSA) and Infrastructure Protection and 
     Information Security (IPIS) shall retain operational subject 
     matter expertise of these grants and will be fully engaged in 
     the administration of related grant programs. The Office of 
     Grants and Training shall also continue to work with the 
     Science and Technology Directorate (S&T) on the 
     identification of possible research and design requirements 
     for rail and transit security.


                             Port Security

         The conferees agree to provide $210,000,000 as proposed 
     by the Senate instead of $200,000,000 as proposed by the 
     House. The conferees direct G and T to ensure all port 
     security grants are coordinated with the state, local port 
     authority, and the Captain of the Port, so all vested parties 
     are aware of grant determinations and that limited resources 
     are maximized. The conferees further direct G and T to work 
     with IPIS to determine the threat environment at individual 
     ports and with the Coast Guard to evaluate each port's 
     vulnerability. The conferees expect funds to be directed to 
     ports with the highest risk and largest vulnerabilities.


                       Trucking Industry Security

         The conferees agree to provide $12,000,000 for this 
     program, $7,000,000 above the House and Senate levels, to 
     maintain and enhance current training levels, and to work 
     toward the Highway Watch stated goal of enrolling 1,000,000 
     truckers.


                         Intercity Bus Security

         The conferees agree to provide $12,000,000 for Intercity 
     Bus Security grants as proposed by the Senate instead of 
     $10,000,000 as proposed by the House. The conferees agree 
     with language in the Senate report that intercity bus 
     security grants will support the improvement of ticket 
     identification, the installation of driver shields, the 
     enhancement of emergency communications, enhancement of 
     facility security, and further implementation of passenger 
     screening.


                       Rail and Transit Security

         The conferees agree to provide $175,000,000, instead of 
     $200,000,000 as proposed by the House and $150,000,000 as 
     proposed by the Senate.
         The conferees are concerned the nation's rails are 
     vulnerable, at-risk systems since they are not designed to 
     adequately resist, respond to, manage or rapidly recover from 
     natural or manmade crises. The conferees encourage G and T to 
     coordinate with short line and regional railroads to address 
     the rail system's security and safety challenges for both 
     manmade and natural disasters.


                     Buffer Zone Protection Program

         The Committee recommends $50,000,000 for the Buffer Zone 
     Protection Program (BZPP), as proposed by the House and 
     Senate. The conferees concur with House report language 
     directing G and T to continue to work with IPIS to identify 
     critical infrastructure, assess vulnerabilities at those 
     sites, and direct funding to resolve those vulnerabilities. 
     The conferees do not agree to language contained in the 
     Senate report relating to BZPP grants and the protection of 
     federal facilities. The conferees note that under current 
     guidance, federal facilities are not eligible for BZPP 
     grants.


         Commercial Equipment Direct Assistance Program (CEDAP)

         The conferees agree to provide $50,000,000, instead of 
     $75,000,000 as proposed by the House and $40,000,000 as 
     proposed by the Senate. The conferees direct the Department 
     to award funding through CEDAP only if projects or equipment 
     are consistent with State Homeland Security Strategies and 
     the unmet essential capabilities identified through HSPD-8.

                           National Programs


               national domestic preparedness consortium

         The conferees agree to provide $145,000,000 as proposed 
     by the Senate instead of $135,000,000 as proposed by the 
     House. This funding shall be distributed in a manner 
     consistent with fiscal year 2006. The conferees concur with 
     Senate report language directing G and T to prepare a long-
     range strategic plan for the National Domestic Preparedness 
     Consortium.


                  Metropolitan Medical Response System

         The conferees agree to provide $33,000,000 instead of 
     $30,000,000 as proposed by the

[[Page H7827]]

     House and $35,000,000 as proposed by the Senate.


                          technical assistance

         The conferees agree to provide $18,000,000 as proposed by 
     the Senate instead of $25,000,000 as proposed by the House.
         The conferees support the House language that the 
     Department continues the National Memorial Institute for the 
     Prevention of Terrorism's (MIPT) Lessons Learned Information 
     Sharing and Responder Knowledge Base under the oversight of 
     the Preparedness Directorate. The conferees direct the 
     Department to continue these important public service 
     programs and ensure MIPT's inclusion in any competition.


                     demonstration training grants

         The conferees agree to provide $30,000,000 as proposed by 
     the House instead of $25,000,000 as proposed by the Senate.


                       continuing training grants

         The conferees agree to provide $31,000,000 instead of 
     $35,000,000 as proposed by the House and $30,000,000 as 
     proposed by the Senate. The conferees recommend full funding 
     for the graduate-level homeland security education programs 
     currently supported by the Department and encourage the 
     Department to leverage these existing programs to meet the 
     growing need for graduate-level education.


                             citizen corps

         The conferees agree to provide $15,000,000 instead of 
     $20,000,000 as proposed by the Senate. The House did not 
     provide funds for this program.


                 rural domestic preparedness consortium

         The conferees agree to provide $12,000,000 as proposed by 
     the House. The Senate did not provide funds for this program. 
     The conferees direct G and T to continue the development of 
     specialized and innovative training curricula for rural first 
     responders and ensure the coordination of such efforts with 
     existing Office of Grants and Training partners.


                 nationwide plan review phase 2 report

         The Preparedness Directorate and the Federal Emergency 
     Management Agency are directed to brief the Committees on 
     Appropriations 45 days after the date of enactment of this 
     Act and quarterly thereafter, on the progress made to 
     implement each of the conclusions of the June 16, 2006, 
     Nationwide Plan Review Phase 2 Report. The first briefing 
     shall include a detailed timeline for the completion of 
     implementing each conclusion with major milestones and how 
     the implementation of the conclusions are being coordinated 
     with the guidelines developed by the Department for state and 
     local governments as required in Public Law 109-90. The 
     conferees direct the Department to work with all stakeholders 
     to resolve the findings of the Nationwide Plan Review Phase 2 
     in accordance with the fiscal year 2007 Senate Report.


                       emergency medical services

         The conferees remain concerned with the lack of first 
     responder grant funding being provided to the Emergency 
     Medical Services (EMS) community and direct G and T to 
     require in its grant guidance that state and local 
     governments include EMS representatives in planning 
     committees as an equal partner and to facilitate a nationwide 
     EMS needs assessment. In addition, no later than January 23, 
     2007, the Department shall report to the Committees on 
     Appropriations, the House Committee on Homeland Security, and 
     the Senate Committee on Homeland Security and Governmental 
     Affairs, on the use of Homeland Security Grant Program 
     funds and Firefighter Assistance Grant funds for EMS.


                     FIREFIGHTER ASSISTANCE GRANTS

         The conferees agree to provide $662,000,000 instead of 
     $655,200,000 as proposed by the House and $680,000,000 as 
     proposed by the Senate. Of this amount, $115,000,000 shall be 
     for firefighter staffing, as authorized by section 34 of the 
     Federal Fire Prevention and Control Act of 1974, instead of 
     $112,100,000 as proposed by the House and $127,500,000 as 
     proposed by the Senate.
         The conferees concur with language in the Senate report 
     directing the Department to favor those grant applications 
     that take a regional approach in equipment purchases and 
     their future deployment.
         The conferees further agree to make $3,000,000 available 
     for implementation of section 205(c) of Public Law 108-169, 
     the United States Fire Administration Reauthorization Act of 
     2003.


                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

         The conferees agree to provide $200,000,000 instead of 
     $186,000,000 as proposed by the House and $220,000,000 as 
     proposed by the Senate.

              Radiological Emergency Preparedness Program

         The conferees agree to provide for the receipt and 
     expenditure of fees collected, as authorized by Public Law 
     105-276 and as proposed by both the House and Senate.

             United States Fire Administration and Training

         The conferees agree to provide $46,849,000 for the United 
     States Fire Administration and Training as proposed by the 
     House and instead of $45,887,000 as proposed by the Senate. 
     Of this amount, $5,500,000 is for the Noble Training Center.
         The FIRE Act requires the United States Fire 
     Administration to submit to the Congress by April 28, 2006, 
     an assessment of capability gaps that fire departments 
     currently possess in equipment, training and staffing. While 
     the U.S. Fire Administration has completed the assessment, it 
     has not been submitted to the Congress. The conferees direct 
     the Secretary to submit the report no later than November 1, 
     2006.

           Infrastructure Protection and Information Security

         The conferees agree to provide $547,633,000 for 
     Infrastructure Protection and Information Security (IPIS) 
     instead of $549,140,000 as proposed by the House and 
     $525,056,000 as proposed by the Senate. Funding is allocated 
     as follows:

Management and Administration...............................$77,000,000
Critical Infrastructure Outreach and Partnership............101,100,000
Critical Infrastructure Identification and Evaluation........69,000,000
National Infrastructure Simulation and Analysis Center.......25,000,000
Biosurveillance...............................................8,218,000
Protective Actions...........................................32,043,000
Cyber Security...............................................92,000,000
National Security/Emergency Preparedness Telecommunications.143,272,000
                                                       ________________
                                                       
    Total..................................................$547,633,000


                                 Budget

         The conferees support language contained in the House 
     report concerning the format of the IPIS fiscal year 2008 
     budget justification with budget lines that align with the 
     operational divisions and programs of IPIS as well as 
     language directing the Department to fully display program 
     transfers. The conferees direct the Department to work with 
     the Committees on Appropriations to create an acceptable 
     budget structure.


                             Budget Office

         The conferees direct DHS to establish a budget office 
     within IPIS and include sufficient funds for two positions. 
     The budget officer and staff will support the Office of 
     Infrastructure Protection and the Office of Information 
     Security in its efforts to align its budget with its 
     organizational structure, better formulate and execute its 
     resources, and perform other budgetary and financial 
     activities, as necessary.


         Critical Infrastructure Identification and Evaluation

         The conferees agree to provide $69,000,000 for Critical 
     Infrastructure Identification and Evaluation instead of 
     $71,631,000 as proposed by the House and $67,815,000 as 
     proposed by the Senate. The conferees support the budget 
     request for the Protective Security Analysis Center.


                         Chemical Site Security

         The conferees support language in the House report 
     providing $10,000,000 for the Chemical Site Security program 
     and direct the Department to provide the Committees on 
     Appropriations an expenditure plan showing how these 
     resources will be used.


                Chemical Sector Security Resource Needs

         The conferees include bill language withholding 
     $10,000,000 until the Committees on Appropriations receive 
     the report required in the statement of the managers (House 
     Report 109-241) accompanying P.L. 109-90 on departmental 
     resources necessary to implement mandatory security 
     requirements for the nation's chemical sector.


            Critical Infrastructure Outreach and Partnership

         The conferees agree to provide $101,100,000 for Critical 
     Infrastructure Outreach and Partnership as proposed by the 
     House instead of $104,600,000 as proposed by the Senate. The 
     conferees provide $5,000,000 for the Homeland Secure 
     Information Network, as requested.


           Cyber Security and Information Sharing Initiative

         The conferees agree to provide $16,700,000 to continue 
     the National Cyber Security Division's Cyber Security and 
     Information Sharing Initiative instead of $11,700,000 as 
     proposed by the Senate.


                           Bombing Prevention

         The conferees support language contained in the Senate 
     report on the Office of Bombing Prevention directing the 
     Secretary to develop a national strategy for bombing 
     prevention, including a review of existing federal, state, 
     and local efforts in this effort. The strategy shall be 
     submitted to the Committees on Appropriations no later than 
     January 23, 2007.


                     Buffer Zone Protection Program

         The conferees encourage the Department to continue the 
     chemical and other high risk sector Buffer Zone Protection 
     Program in fiscal year 2007. The conferees note $25,000,000 
     was allocated in fiscal year 2006 for this program and 
     encourage IPIS to utilize section 503 of this Act to provide 
     appropriate funding in fiscal year 2007, if funding is 
     available.


                  Transportation Vulnerability Report

         The conferees direct the Secretary to submit a report to 
     the Committees on Appropriations; the Senate Committee on 
     Commerce, Science, and Transportation; and the House 
     Committee on Transportation and Infrastructure no later than 
     March 1, 2007, describing the security vulnerabilities of all 
     rail, transit, and highway bridges and tunnels connecting 
     Northern New Jersey, New

[[Page H7828]]

     York and the five boroughs of New York City.

                  Federal Emergency Management Agency

         The conferees do not incorporate Senate language on an 
     organization review.


                 ADMINISTRATIVE AND REGIONAL OPERATIONS

         The conferees agree to provide $282,000,000 instead of 
     $254,499,000 as proposed by the House and $249,499,000 as 
     proposed by the Senate.


                           Workforce Strategy

         The conferees remain concerned about the numerous 
     personnel and senior leadership vacancies within the Federal 
     Emergency Management Agency (FEMA). Therefore, the conferees 
     provide an additional $30,000,000 to fund up to 250 permanent 
     disaster staff to replace the existing temporary Stafford Act 
     workforce. The House and Senate reports direct FEMA to 
     develop a comprehensive workforce strategy, which includes 
     hiring goals for vacant positions, retention initiatives, 
     training needs, and resource needs to bolster its workforce. 
     The conferees direct the Administrator to submit to the 
     Committees on Appropriations the strategic human capital plan 
     outlined in Title VI.
         The conferees concur with House report language directing 
     the Department to finish the national build-out of the 
     Digital Emergency Alert System with Public Television and to 
     provide for origination of emergency alert messages from 
     authorized local and state officials.


             READINESS, MITIGATION, RESPONSE, AND RECOVERY

         The conferees agree to provide $244,000,000 instead of 
     $240,199,000 as proposed by the House and $240,000,000 as 
     proposed by the Senate.


                        Urban Search and Rescue

         Of the funds provided for Readiness, Mitigation, 
     Response, and Recovery, the conferees agree to provide 
     $25,000,000 for urban search and rescue instead of 
     $19,817,000 as proposed by the House and $30,000,000 as 
     proposed by Senate.


                         Catastrophic Planning

         The conferees concur with House report language 
     requesting an expenditure plan for catastrophic planning but 
     do not withhold funding until such time as this plan is 
     submitted.


                   Hurricane Katrina Lessons Learned

         The conferees continue to be concerned about FEMA's 
     ability to incorporate the lessons learned from Hurricane 
     Katrina, in particular in the areas of logistics 
     tracking, incident management capability of the National 
     Response Coordination Center, temporary housing for 
     evacuated residents, and debris removal. The conferees 
     direct FEMA to brief the Committees on Appropriations on 
     the status of continuing improvements and changes to FEMA 
     as a result of lessons learned from Hurricane Katrina.


                       Disaster Spending Programs

       The conferees are concerned by the findings of the 
     Government Accountability Office, the DHS Inspector General, 
     and others regarding the fraud and abuse associated with 
     victim assistance programs and other disaster spending for 
     the 2005 Gulf Coast hurricanes. The conferees concur with 
     language in the House and Senate reports directing FEMA to 
     correct weaknesses in its disaster assistance claims system. 
     The conferees expect FEMA to include corrective actions for 
     the disaster claims system in the brief to the Committees on 
     Appropriations on Hurricane Katrina Lessons Learned.
       The conferees understand FEMA has begun comprehensive 
     modernization of its legacy information management systems 
     into an Enterprise Content Management System and development 
     of such a system is a basic requirement for FEMA to have the 
     capacity to handle expected future caseloads. The conferees 
     encourage FEMA to pursue this improved document reporting and 
     tracking system.


                               Contracts

       FEMA shall provide a quarterly report to the Committees on 
     Appropriations regarding all contracts issued during any 
     disaster. The report shall include a detailed justification 
     for any contract entered into 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. Justification details by individual contract are 
     to include, at least: the amount of funds, the timeframe, the 
     contractor, a specific reason why the contract could not be 
     competed and how action may be taken to ensure competition of 
     the contract in the future without impeding timely disaster 
     response.


                           Logistics Centers

       The conferees direct the Department to brief the Committees 
     on Appropriations on the strategic or business plan that 
     guided the site selection for the logistics centers and 
     locations for prepositioned items and any plans for future 
     movement of assets or actions to extend or add centers or the 
     locations of prepositioned items. The conferees concur with 
     language in the House and Senate reports regarding pre-
     positioning Meals-Ready-to-Eat.
       The conferees direct FEMA to use no less than $5,000,000 to 
     develop a demonstration program with regional and local 
     governments in the formation of innovative public and private 
     logistical partnerships and centers to improve readiness, 
     increase response capacity, and maximize the management and 
     impact of homeland security resources.
       The conferees agree the lack of coordinated incident 
     management contributed to failures at all levels of 
     government during Hurricane Katrina. The White House Report: 
     ``The Federal Response to Hurricane Katrina: Lessons 
     Learned'' states, ``DHS should establish and maintain a 
     deployable communications capability to quickly gain and 
     retain situational awareness when responding to catastrophic 
     events''. The conferees agree and direct DHS to support 
     deployment of integrated and regional near real-time 
     information and incident tracking systems. The conferees 
     encourage DHS to work with regional state emergency managers 
     to deploy an operationally ready National Incident Management 
     System (NIMS) compliant incident management system for use by 
     the first responder community that includes redundant 24/7 
     online capability.


           National Center for Missing and Exploited Children

       The conferees encourage FEMA to assess how the National 
     Center for Missing and Exploited Children and state family 
     assistance call centers can best contribute to the National 
     Response Plan in helping disaster victims locate family 
     members. The Secretary shall submit a report to the 
     Committees on Appropriations no later than 45 days after 
     enactment of this Act.


                  National Incident Management System

       Of the funds provided for Readiness, Mitigation, Response, 
     and Recovery, the conferees agree to provide $30,000,000 for 
     the National Incident Management System (NIMS) as proposed by 
     the House. The conferees direct FEMA to use no less than 
     $10,000,000 to continue to implement NIMS nationwide, with a 
     focus specifically on standards identification, testing and 
     evaluation of equipment, and gap and lessons learned 
     identification.


                         Levee Recertification

       The conferees understand FEMA is in the process of revising 
     its levee certification regulations and guidance. The 
     conferees expect FEMA to utilize the latest findings of the 
     Army Corps of Engineers levee inventory when developing its 
     regulations and guidance. The conferees direct FEMA to 
     provide a status report, no later than 60 days after 
     enactment of this Act, on its processes for levee 
     certification. This status report should include the Army 
     Corps of Engineers levee inventory, the number and location 
     of levees that require certification, the estimated costs of 
     recertifying, the resources required to fulfill the new 
     certification regulations, and a description of the 
     Administration's policy on how these cost requirements should 
     be met.


              Emergency Preparedness Demonstration Program

       The conferees understand the emergency preparedness 
     demonstration program is in the information collection phase. 
     The conferees direct FEMA to expand this pilot demonstration 
     project so information from Hurricane Katrina victims can be 
     added to this study. The conferees recognize this may cause 
     the time of the study to lengthen and direct FEMA to provide 
     an interim report to the Committees on Appropriations by 
     March 31, 2007.


                         PUBLIC HEALTH PROGRAMS

                     (including transfer of funds)

         The conferees provide $33,885,000 for public health 
     programs to fund the National Disaster Medical System (NDMS), 
     as proposed in the budget, and include bill language 
     transferring all the funding, components, and functions of 
     the NDMS to the Department of Health and Human Service, 
     effective January 1, 2007.


                            DISASTER RELIEF

                     (Including Transfer of Funds)

         The conferees agree to provide $1,500,000,000, instead of 
     $1,676,891,000, as proposed by the House and $1,582,000,000 
     as proposed by the Senate. The conferees include bill 
     language as proposed by the Senate, permitting up to 
     $13,500,000 for the Office of Inspector General to be drawn 
     from the Disaster Relief Fund for audits and investigations 
     related to natural disasters.
         The conferees understand FEMA intends to use the almost 
     20,000 manufactured housing units that were not used in the 
     2005 hurricane season for future disasters, and encourage 
     FEMA to do so. The conferees are concerned a portion of the 
     128,000 units currently occupied will come back into the FEMA 
     stock as previous disaster victims find other living 
     arrangements and units are refurbished in accordance with 
     FEMA policy. The conferees direct FEMA to take an aggressive 
     approach in managing the manufactured housing supply in a 
     cost-effective manner and to brief the Committees on 
     Appropriations regarding the supply on hand, the cost of 
     maintenance and storage, the anticipated use, and strategic 
     storage location of unoccupied manufactured units.


            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

         The conferees agree to provide $569,000 for 
     administrative expenses as proposed by both the House and 
     Senate. Gross obligations for the principal amount of direct 
     loans shall not exceed $25,000,000 as proposed by both the 
     House and Senate.


                      FLOOD MAP MODERNIZATION FUND

         The conferees agree to provide $198,980,000 as proposed 
     by both the House

[[Page H7829]]

     and Senate for Flood Map Modernization Fund. The conferees 
     recognize the importance of the Flood Map Modernization 
     Program to state and local governments. When allocating 
     funds, the conferees encourage FEMA to prioritize as criteria 
     the number of stream and coastal miles within the state, the 
     Mississippi River Delta region, and the participation of the 
     state in leveraging non-federal contributions. The conferees 
     further direct FEMA to recognize and support those states 
     that integrate the Flood Map Modernization Program with other 
     state programs to enhance greater security efforts and 
     capabilities in the areas of emergency management, 
     transportation planning and disaster response. The conferees 
     recognize the usefulness of updated flood maps in state 
     planning, and encourage this efficient use of federal 
     dollars.
         The conferees are concerned the Flood Map Modernization 
     Program is using outdated and inaccurate data when developing 
     its maps. The conferees direct FEMA, in consultation with the 
     Office of Management and Budget, to review technologies by 
     other Federal agencies, such as the National Oceanic and 
     Atmospheric Administration, the National Geospatial 
     Intelligence Agency, and the Department of Defense, use to 
     collect elevation data. The conferees expect a briefing no 
     later than 180 days after enactment of this Act on the 
     technologies available, the resources needed for each 
     technology, and a recommendation of what is most effective 
     for the Flood Map Modernization Program.


                     NATIONAL FLOOD INSURANCE FUND

                     (INCLUDING TRANSFER OF FUNDS)

         The conferees agree to provide $38,230,000 for salaries 
     and expenses as proposed by both the House and Senate. The 
     conferees further agree to provide up to $50,000,000 for 
     severe repetitive loss property mitigation expenses under 
     section 1361A of the National Flood Insurance Act of 1968 and 
     a repetitive loss property mitigation pilot program under 
     section 1323 of the National Flood Insurance Act; and up to 
     $90,358,000 for other flood mitigation activities, of which 
     up to $31,000,000 is available for transfer to the National 
     Flood Mitigation Fund. Total funding of $128,588,000 is 
     offset by premium collections. The conferees further agree on 
     limitations of $70,000,000 for operating expenses, 
     $692,999,000 for agents' commissions and taxes, and ``such 
     sums'' for interest on Treasury borrowings.


                     NATIONAL FLOOD MITIGATION FUND

                     (including transfer of funds)

         The conferees agree to provide $31,000,000 by transfer 
     from the National Flood Insurance Fund as proposed by the 
     House and Senate.


                  NATIONAL PREDISASTER MITIGATION FUND

         The conferees agree to provide $100,000,000 as proposed 
     by the House instead of $149,978,000 as proposed by the 
     Senate. While the conferees are supportive of the Predisaster 
     Mitigation program, they remain concerned by the slow pace of 
     implementation and the obligation of the funds. This program 
     has a large unobligated balance of $53,000,000. The conferees 
     encourage FEMA to implement lessons learned, as described in 
     the report on impediments to timely obligations of the Fund 
     submitted to the Committees on Appropriations in compliance 
     with the Senate Report 109-83 accompanying the fiscal year 
     2006 Department of Homeland Security Appropriations Act (P.L. 
     109-90) and direct FEMA to brief the Committees on 
     Appropriations on the progress of the implementation.


                       EMERGENCY FOOD AND SHELTER

         The conferees agree to provide $151,470,000 as proposed 
     by both the House and Senate.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

         The conferees agree to provide $181,990,000 as proposed 
     by the House instead of $134,990,000 as proposed by the 
     Senate for United States Citizenship and Immigration Services 
     (USCIS), of which $93,500,000 is available until expended. 
     The conference agreement includes $47,000,000 for USCIS 
     business system and information technology transformation, 
     including converting immigration records into digital format, 
     to remain available until expended; $21,100,000 for the 
     Systematic Alien Verification for Entitlements (SAVE) 
     program; and $113,890,000 to expand the Employment 
     Eligibility Verification (EEV) program. Current estimates of 
     fee collections are $1,804,000,000, for total resources 
     available to USCIS of $1,985,990,000. The conferees direct 
     that, of these collections, not to exceed $5,000 shall be for 
     official reception and representation expenses.
         The following table specifies funding by budget activity, 
     and includes both direct appropriations and estimated 
     collections:

  Direct Appropriations:
    Business and IT Transformation......................... $47,000,000
    Systematic Alien Verification for Entitlements (SAVE)... 21,100,000
    Employment Eligibility Verification (EEV).............. 113,890,000
                                                       ________________
                                                       
      Subtotal, Direct Appropriations...................... 181,990,000
  Adjudication Services (fee accounts):
    Pay and Benefits....................................... 624,600,000
                                                    Operating Expenses:
      District Operations.................................. 385,400,000
      Service Center Operations............................ 267,000,000
      Asylum, Refugee and International Operations.......... 75,000,000
      Records Operations.................................... 67,000,000
                                                       ________________
                                                       
        Subtotal, Adjudication Services.................. 1,419,000,000
  Information and Customer Services (Immigration Examination Fee 
    Accounts):
    Pay and Benefits........................................ 81,000,000
                                                    Operating Expenses:
      National Customer Service Center...................... 48,000,000
      Information Services.................................. 15,000,000
                                                       ________________
                                                       
        Subtotal, Information and Customer Services........ 144,000,000
  Administration (Immigration Examination Fee Accounts):
    Pay and Benefits........................................ 45,000,000
    Operating Expenses..................................... 196,000,000
                                                       ________________
                                                       
        Subtotal, Administration........................... 241,000,000
  Fraud Prevention and Detection Fee Account................ 31,000,000
  H-1B Non-Immigrant Petitioner Fee Account................. 13,000,000
                                                       ________________
                                                       
        Total, U.S. Citizenship and Immigration Services. 1,985,990,000


           Business and Information Technology Transformation

         The conferees include $47,000,000 to support the business 
     system and information technology transformation process at 
     USCIS. The conferees direct USCIS not to obligate these funds 
     until the Committees on Appropriations have received and 
     approved a strategic transformation plan and expenditure plan 
     that has been reviewed by the Secretary and the Government 
     Accountability Office. The expenditure plan should include a 
     detailed breakout of costs associated with the USCIS business 
     and information technology transformation effort in fiscal 
     year 2007, a report on how the transformation process is 
     aligned with USCIS and Departmental Enterprise Architecture, 
     and details on expected project performance and deliverables.
         The Department stated in its request that it would also 
     apply $65,000,000 in fee revenues to this effort, for a total 
     fiscal year 2007 program of $112,000,000. The conferees 
     expect the aforementioned expenditure plan will reflect all 
     resources associated with transformation efforts, and address 
     the impact of availability of such fee revenue.


                     Security and Internal Affairs

         The conferees are concerned with reports that USCIS may 
     be at risk for security lapses, in part because the Office of 
     Security and Investigations has a significant case backlog, 
     and in part because some USCIS adjudicators may lack 
     necessary security clearances. As a result, critical 
     enforcement actions could be delayed, or adjudicators could 
     find themselves unable to access relevant watchlist 
     databases, increasing the risk that immigration benefits 
     could be granted to ineligible recipients. The conferees 
     direct USCIS to work closely with Immigration and Customs 
     Enforcement and the Office of the Inspector General to 
     address these security vulnerabilities.

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

         The conferees agree to provide $211,033,000, instead of 
     $210,507,000 as proposed by the House and $207,634,000 as 
     proposed by the Senate. Included in this amount is $1,042,000 
     for salaries and expenses at the Counterterrorism Operations 
     Training Facility. The increase from the budget request 
     includes $4,691,000 for training resources proposed to be 
     funded in Customs and Border Protection and $4,444,000 for 
     training resources proposed to be funded in Immigration and 
     Customs Enforcement. The conferees also extend the rehired 
     annuitant authority through December 31, 2007.

     Acquisition, Construction, Improvements, and Related Expenses

         The conferees agree to provide $64,246,000, instead of 
     $42,246,000 as proposed by the House and $63,246,000 as 
     proposed by the Senate. Included in this amount is $1,000,000 
     for the construction of the Counterterrorism Operations 
     Training Facility. The increase from the budget request 
     includes $22,000,000 for renovation and construction needs at 
     the Artesia, New Mexico training center.

                         Science and Technology

                     Management and Administration

         The conferees agree to provide $135,000,000 for 
     management and administration of Science and Technology (S&T) 
     instead of $180,901,000 as proposed by the House and 
     $104,414,000 as proposed by the Senate. This amount includes 
     $7,594,000 for the immediate Office of the Under Secretary 
     and $127,406,000 for other salaries and expenses.
         The conferees provide funding under this account for the 
     salary, expenses and benefits of full-time federal and 
     contract employees; S&T's portion of the Working Capital 
     Fund; and for S&T Business Operations.
         Funding for other management and administration costs 
     such as laboratory construction and maintenance; individuals 
     and

[[Page H7830]]

     detailees provided through the Intergovernmental Personnel 
     Act; and contract support associated with certain projects 
     within the portfolio will be provided within the 
     ``Research, Development, Acquisition and Operations'' 
     account. The conferees direct S&T to report to the 
     Committees on Appropriations any assessment of the 
     aforementioned costs exceeding five percent of the total 
     program appropriation, which shall be subject to section 
     503 of this Act. The conferees include bill language 
     withholding $60,000,000 until the Committees receive and 
     approve an expenditure plan described in the bill.


               Five-Year Research Plan and Business Model

       The conferees expect S&T to greatly improve its research 
     strategic plan and its budget documents. These documents 
     should reflect the new vision for S&T as proposed by the 
     Under Secretary. The conferees direct the Under Secretary to 
     develop a five-year research plan, which outlines its 
     priorities, performance measures for each portfolio and 
     resources needed to meet its mission. This plan should also 
     incorporate a business model for its output of services and 
     technologies to its end user. The conferees expect the Under 
     Secretary to brief the Committees on Appropriations no later 
     than 180 days after the date of enactment of this Act.

           Research, Development, Acquisition, and Operations

       The conferees agree to provide $838,109,000 for research, 
     development, acquisition, and operations instead of 
     $775,370,000 as proposed by the House and $714,041,000 as 
     proposed by the Senate.
       The following table specifies funding by budget activity:

Biological Countermeasures.................................$350,200,000
Chemical Countermeasures.....................................60,000,000
Explosives Countermeasures...................................86,582,000
Threat and Vulnerability, Testing and Assessment.............35,000,000
Conventional Missions........................................85,622,000
Standards Coordination.......................................22,131,000
Emergent Prototypical Technologies...........................19,451,000
Critical Infrastructure Protection...........................35,413,000
University Programs..........................................50,000,000
Counter MANPADS..............................................40,000,000
Safety Act....................................................4,710,000
Cyber Security...............................................20,000,000
Interoperability and Compatibility...........................27,000,000
Pacific Northwest National Laboratory.........................2,000,000
                                                       ________________
                                                       
  Total.....................................................838,109,000


                       Biological Countermeasures

       The conferees agree to provide for Biological 
     Countermeasures instead of $337,200,000 as proposed by the 
     House and $327,200,000 as proposed by the Senate. Of the 
     amount provided, the conferees agree to provide up to 
     $82,800,000 for the BioWatch program. The conferees also 
     agree to provide $23,000,000 for site selection and other 
     pre-construction activities for the National Bio and 
     Agrodefense Facility. The conferees expect the Department to 
     submit a project schedule, including expected completion 
     dates and funding requirements for all phases of the project, 
     to the Committees on Appropriations within 45 days after the 
     date of enactment of this Act.


               Biological Countermeasures Strategic Plan

       The conferees believe DHS should establish an architecture 
     to outline and coordinate federal biological activities, and 
     to chart future federal activities and goals. S&T, in 
     consultation with the DHS Chief Medical Officer, Department 
     of Health and Human Services, United States Department of 
     Agriculture, and other participating federal departments, 
     shall submit a strategic plan to the Committees on 
     Appropriations; the House Homeland Security Committee; the 
     House Science Committee; the Senate Commerce, Science and 
     Transportation Committee; the Senate Energy and Natural 
     Resources Committee; and the Senate Homeland Security and 
     Governmental Affairs Committee outlining the various missions 
     of each agency and how they relate to one another. Further, 
     the strategic plan should specifically describe DHS' roles 
     and responsibilities; its framework for deploying biological 
     sensors, including how detector alerts will be managed; its 
     plans to enhance advanced animal vaccine research and other 
     agro-terrorism defense efforts; its overall fulfillment of 
     the Department's obligations under HSPD-10; and how its other 
     activities relate to and will be coordinated with similar 
     efforts by other government agencies.


                            Urban Dispersion

       The conferees support the House report language on Urban 
     Dispersion recommending continued funding of this program.


                       Explosives Countermeasures

       The conferees agree to provide $86,582,000 for explosive 
     countermeasures, instead of $76,582,000 as proposed by the 
     House and a total of $86,582,000 as proposed by the Senate, 
     of which $81,582,000 was included in the Transportation 
     Security Administration account. The conferees include 
     $13,500,000 for Manhattan II as proposed by the House.
       The conferees are concerned about the recent discoveries by 
     British officials of terrorist efforts to bring explosives 
     aboard aircraft. S&T has efforts underway to find and develop 
     practical technologies for detecting explosive substances 
     regardless of their shape or form. The conferees direct S&T 
     to aggressively pursue its efforts to develop such 
     technologies and strengthen any efforts to find explosives.


                Transportation Security Laboratory (TSL)

       The conferees agree to keep the TSL within S&T. The 
     conferees direct S&T to work with Transportation Security 
     Administration (TSA) to determine appropriate detection 
     research and technology requirements to sustain current and 
     advance future aviation security capabilities. S&T should 
     clearly reflect resource needs for the TSL in the fiscal year 
     2008 budget request to achieve these requirements. The 
     conferees further direct S&T to work expeditiously with TSA 
     to develop a research execution plan that meets the needs of 
     TSA within the amounts provided.


                 Pacific Northwest National Laboratory

       The conferees include $2,000,000 for construction of 
     radiological laboratories at the Pacific Northwest National 
     Laboratory and direct the Department to fully fund 
     its obligations and characterize its efforts at this site 
     in the fiscal year 2008 budget submission.


                         Conventional Missions

       The conferees agree to provide $85,622,000 for Conventional 
     Missions, as proposed by the House instead of $80,000,000 as 
     proposed by the Senate. The conferees provide funding for the 
     Regional Technology Integration initiative at the fiscal year 
     2007 request level. The conferees support Senate report 
     language encouraging S&T to continue funding for technology 
     which enables users to collect and analyze surveillance data 
     to detect suspicious activities in the vicinity of critical 
     ports and infrastructure. The conferees also support Senate 
     report language continuing the Regional Research Pilot 
     program at the fiscal year 2006 level.


                            New Technologies

       The conferees believe new technologies may significantly 
     help the Department as it seeks to secure our homeland. The 
     conferees encourage the Department to develop such 
     technologies as singlet oxygen generating chemical and 
     enzymatic systems, airborne rapid imaging, privacy Real ID 
     technology, anti-microbial coating free masks, lightweight 
     miniature cooling systems for protective gear, body armor 
     designed to reduce back problems, security of open source 
     systems, nanotechnology based flow cytometer, doorless 
     maritime cargo container security technology, deployment 
     research of water and air system biosensors, photonic and 
     microsystem technologies for high threat problem-solving and 
     coordinate standards for intelligent video software.


                 Emergent and Prototypical Technologies

       The conferees provide $19,451,000 for Emergent and 
     Prototypical Technologies as proposed by the House instead of 
     $12,500,000 as proposed by the Senate. The conferees support 
     House report language supporting the budget request for the 
     Public Safety and Security Institute for Technology 
     centralized clearinghouse. The conferees direct DHS to work 
     with the operators of the relevant databases, websites and 
     portals within DHS, including the Responder Knowledge Base, 
     to integrate this information into the centralized 
     clearinghouse.


                   Critical Infrastructure Protection

       The conferees agree to provide $35,413,000 for Critical 
     Infrastructure Protection research, including $20,000,000 to 
     support existing work in research and development and 
     application of technology for community-based critical 
     infrastructure protection efforts. The conferees provide up 
     to $5,000,000 for modeling and simulation.


                          University Programs

       The University program has the potential to facilitate 
     cutting-edge research on homeland security issues. The 
     conferees encourage S&T to solicit a wide variety of research 
     projects from the plethora of universities engaged in 
     homeland security research that focus on the greatest risks 
     facing the nation. The conferees direct the Under Secretary 
     of Science and Technology to brief the Committees on 
     Appropriations, no later than 60 days after the date of the 
     enactment of this Act, on the University-Based Centers of 
     Excellence Program goals for fiscal year 2007 and outcomes 
     projected for each center for the next three years.


                Counter-Man Portable Air Defense Systems

       The conferees provide $35,000,000 as proposed by the Senate 
     for a comprehensive passenger aircraft suitability 
     assessment. The conferees urge S&T to include the passenger 
     airline industry in the evaluation phase of this assessment. 
     The conferees direct the Under Secretary to brief the 
     Committees on Appropriations, no later than 60 days after the 
     enactment of this Act, on the expenditure plan for this 
     suitability assessment.


                          Project 25 Standards

       Federal funding for first responder communication equipment 
     should be compliant with Project 25 standards, where 
     necessary. The Committee directs the Under Secretary of 
     Science and Technology, in conjunction with the Director of 
     the National Institute of Standards and Technology, to 
     establish a program to assess the compliance of first 
     responder communication equipment with Project 25 standards.


                            Tunnel Detection

       The conferees support the language in Senate Report 109-273 
     requiring a briefing by the Under Secretary on tunnel 
     detection technologies being researched and developed to

[[Page H7831]]

     detect and prevent illegal entry into the United States. The 
     briefing should also provide an assessment of the 
     applicability of using existing military and other tunnel 
     detection technologies along our borders.


                   Internet Protocol Interoperability

       The conferees direct the Office of Interoperability and 
     Compatibility to amend SAFECOM guidelines to clarify that, 
     for purposes of providing near-term interoperability, funding 
     requests to improve interoperability need not be limited to 
     the purchase of new radios, but can also fund the purchase of 
     Internet-Protocol (IP) based interoperability solutions that 
     connect existing and future radios over an IP 
     interoperability network. Likewise, funding requests for 
     transmission equipment to construct mutual aid channels and 
     upgrade such channels with IP connectivity will also be 
     considered, so long as P-25 and other digital radios 
     utilizing the public safety portions of the 700 MHz band can 
     operate over an IP interoperability network.

                   Domestic Nuclear Detection Office

                     Management and Administration

       The conferees agree to provide $30,468,000 for management 
     and administration as proposed by both the House and the 
     Senate.


                 Architecture Investments and Budgeting

       The conferees direct the Domestic Nuclear Detection Office 
     (DNDO) to provide a report to the Committees on 
     Appropriations, no later than November 1, 2006, on the budget 
     crosscut of federal agencies involved in domestic nuclear 
     detection. The budget crosscut should include investments of 
     all agencies, how these investments will meet the goals of 
     the global strategy, the performance measures associated with 
     these investments, identification of investment gaps, and 
     what budgetary mechanisms DNDO will use to ensure it requests 
     appropriate resources.


                          Radioactive Sources

       The conferees are concerned the risks and vulnerabilities 
     of radioactive sources may not have not been adequately 
     characterized and addressed. DNDO should work with the 
     Nuclear Regulatory Commission to determine the risks 
     associated with, and strengthen the regulation and control 
     of, radioactive sources as necessary.


                 RESEARCH, DEVELOPMENT, AND OPERATIONS

       The conferees agree to provide $272,500,000 for Research, 
     Development, and Operations. Within the total, sufficient 
     funds are provided for the Cargo Advanced Automated 
     Radiography Systems as well as the Radiological and Nuclear 
     Forensic and Attributions programs. The total also includes 
     no more than $9,000,000 for the new university research 
     program proposed in the budget. The conferees make 
     $15,000,000 unavailable for obligation until the Secretary 
     provides notification it has entered into a Memorandum of 
     Understanding with each federal agency and organization 
     participating in its global architecture, which describe the 
     role, responsibilities, and resource commitments of each.

                          Systems Acquisition


                 Advanced Spectroscopic Portal Monitors

       The conferees are concerned preliminary testing of Advanced 
     Spectroscopic Portal (ASP) monitors indicates the 
     effectiveness of the new technology may fall well short of 
     levels anticipated in DNDO's cost-benefit analysis. To date, 
     the conferees have not received validated quantitative 
     evidence that ASP monitors perform more effectively in an 
     operational environment compared to current generation portal 
     monitors. Therefore, the conferees include bill language 
     prohibiting DNDO from full scale procurement of ASP monitors 
     until the Secretary has certified and reports to the 
     Committees on Appropriations that a significant increase in 
     operational effectiveness merits such a decision. The 
     conferees recognize the potential benefit of ASP technology 
     and encourage continued testing and piloting of these 
     systems.


                           Container Security

       As described under the Office of the Secretary and 
     Executive Management, the conferees strongly support port, 
     container, and cargo security. As part of the Department's 
     strategic plan, U.S. Customs and Border Protection and DNDO 
     are directed to achieve 100 percent radiation examination of 
     containers entering the United States through the busiest 22 
     seaports of entry by December 31, 2007.

                      TITLE V--GENERAL PROVISIONS

       Section 501. The conferees continue a provision proposed by 
     the House and Senate that no part of any appropriation shall 
     remain available for obligation beyond the current year 
     unless expressly provided.
       Section 502. The conferees continue a provision proposed by 
     the House and Senate that unexpended balances of prior 
     appropriations may be merged with new appropriations accounts 
     and used for the same purpose, subject to reprogramming 
     guidelines.
       Section 503. The conferees continue a provision proposed by 
     the House and Senate that provides authority to reprogram 
     appropriations within an account and to transfer not to 
     exceed 5 percent between appropriations accounts with 15-day 
     advance notification of the Committees on Appropriations. A 
     detailed funding table identifying each Congressional control 
     level for reprogramming purposes is included at the end of 
     this report. These reprogramming guidelines shall be complied 
     with by all agencies funded by the Department of Homeland 
     Security Appropriations Act, 2007.
       The conferees expect the Department to submit reprogramming 
     requests on a timely basis, and to provide complete 
     explanations of the reallocations proposed, including 
     detailed justifications of the increases and offsets, and any 
     specific impact the proposed changes will have on the budget 
     request for the following fiscal year and future-year 
     appropriations requirements. Each request submitted to the 
     Committees should include a detailed table showing the 
     proposed revisions at the account, program, project, and 
     activity level to the funding and staffing (full-time 
     equivalent position) levels for the current fiscal year and 
     to the levels requested in the President's budget for the 
     following fiscal year.
       The conferees expect the Department to manage its programs 
     and activities within the levels appropriated. The conferees 
     are concerned with the number of reprogramming proposals 
     submitted for consideration by the Department and remind the 
     Department that reprogramming or transfer requests should be 
     submitted only in the case of an unforeseeable emergency or 
     situation that could not have been predicted when formulating 
     the budget request for the current fiscal year. Further, the 
     conferees note that when the Department submits a 
     reprogramming or transfer request to the Committees on 
     Appropriations and does not receive identical responses from 
     the House and Senate, it is the responsibility of the 
     Department to reconcile the House and Senate differences 
     before proceeding, and if reconciliation is not possible, to 
     consider the reprogramming or transfer request unapproved.
       The Department is not to propose a reprogramming or 
     transfer of funds after June 30th unless there are 
     exceptional or extraordinary circumstances such that lives or 
     property are placed in imminent danger.
       Section 504. The conferees continue a provision proposed by 
     the Senate that none of the funds appropriated or otherwise 
     available to the Department may be used to make payment to 
     the Department's Working Capital Fund, except for 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. 
     The House bill contained no similar provision.
       Section 505. The conferees continue a provision proposed by 
     the House and Senate that not to exceed 50 percent of 
     unobligated balances remaining at the end of fiscal year 2007 
     from appropriations made for salaries and expenses shall 
     remain available through fiscal year 2008 subject to 
     reprogramming guidelines.
       Section 506. The conferees continue a provision proposed by 
     the House and Senate deeming that funds for intelligence 
     activities are specifically authorized during fiscal year 
     2007 until the enactment of an Act authorizing intelligence 
     activities for fiscal year 2007.
       Section 507. The conferees continue a provision proposed by 
     the House and Senate directing the Federal Law Enforcement 
     Training Center (FLETC) to lead the Federal law enforcement 
     training accreditation process.
       Section 508. The conferees continue and modify a provision 
     proposed by the House and Senate requiring notification of 
     the Committees on Appropriations three business days before 
     any grant allocation, discretionary grant award, 
     discretionary contract award, letter of intent, or public 
     announcement of the intention to make such an award totaling 
     in excess of $1,000,000. Additionally, the Department is 
     required to brief the Committees on Appropriations five full 
     business days prior to announcing publicly the intention to 
     make a State Homeland Security Program; Law Enforcement 
     Terrorism Prevention Program; or High-Threat, High-Density 
     Urban Areas grant award.
       Section 509. The conferees continue a provision proposed by 
     the House and Senate that no agency shall purchase, 
     construct, or lease additional facilities for federal law 
     enforcement training without advance approval of the 
     Committees on Appropriations.
       Section 510. The conferees continue a provision proposed by 
     the House and Senate that FLETC shall schedule basic and 
     advanced law enforcement training at all four training 
     facilities under its control to ensure that these training 
     centers are operated at the highest capacity.
       Section 511. The conferees continue a provision proposed by 
     the House and Senate that none of the funds may be used for 
     any construction, repair, alteration, and acquisition project 
     for which a prospectus, as required by the Public Buildings 
     Act of 1959, has not been approved.
       Section 512. The conferees continue a provision proposed by 
     the House and Senate that none of the funds may be used in 
     contravention of the Buy American Act.
       Section 513. The conferees continue a provision proposed by 
     the House and Senate related to the transfer of the authority 
     to conduct background investigations from the Office of 
     Personnel Management to DHS. The conferees are concerned by 
     delays in personnel security and suitability background 
     investigations, update investigations and periodic 
     reinvestigations for Departmental employees and, in 
     particular for positions within the Office of the Secretary 
     and Executive Management, Office of the Under Secretary for 
     Management, Analysis and Operations, Immigration and Customs 
     Enforcement, the Directorate of Science and Technology, and 
     the Directorate for Preparedness. The conferees direct this 
     authority be

[[Page H7832]]

     used to expeditiously process background investigations, 
     including updates and reinvestigations, as necessary.
       Section 514. The conferees continue and modify a provision 
     proposed by the House and Senate to prohibit the obligation 
     of funds for the Secure Flight program, except on a test 
     basis, until the requirements of section 522 of Public Law 
     108-334 have been met and certified by the Secretary of DHS 
     and reported by the Government Accountability Office (GAO). 
     The conferees direct the GAO to continue to evaluate DHS and 
     Transportation Security Administration (TSA) actions to meet 
     the ten conditions listed in section 522(a) of Public Law 
     108-334 and to report to the Committees on Appropriations, 
     either incrementally as the Department meets additional 
     conditions, or when all conditions have been met by the 
     Department. The provision also prohibits the obligation of 
     funds to develop or test algorithms assigning risk to 
     passengers not on government watch lists and for a commercial 
     database that is obtained from or remains under the control 
     of a non-federal entity, excluding Passenger Name Record data 
     obtained from air carriers. Within 90 days after enactment of 
     this Act, TSA shall submit a detailed plan on achieving key 
     milestones, as well as certification of this program.
       Section 515. The conferees continue a provision proposed by 
     the House and Senate prohibiting funds to be used to amend 
     the oath of allegiance required by section 337 of the 
     Immigration and Nationality Act (8 U.S.C. 1448).
       Section 516. The conferees continue a provision proposed by 
     the House and Senate regarding competitive sourcing.
       Section 517. The conferees continue and modify a provision 
     proposed by the House and Senate regarding the reimbursement 
     to the Secret Service for the cost of protective services.
       Section 518. The conferees continue a provision proposed by 
     the House and Senate directing the Secretary of Homeland 
     Security, in consultation with industry stakeholders, to 
     develop standards and protocols for increasing the use of 
     explosive detection equipment to screen air cargo when 
     appropriate.
       Section 519. The conferees continue and modify a provision 
     proposed by the House and Senate directing TSA to utilize 
     existing checked baggage explosive detection equipment and 
     screeners to screen cargo on passenger aircraft when 
     practicable and requiring TSA to report air cargo inspection 
     statistics to the Committees on Appropriations within 45 days 
     of the end of each quarter of the fiscal year.
       Section 520. The conferees include a new provision 
     regarding the designation of funds.
       Section 521. The conferees include and modify a provision 
     proposed by the House rescinding $78,693,508 for the Coast 
     Guard's service life extension program of the 110-foot Island 
     Class patrol boat and accelerated design and production of 
     the fast response cutter and appropriating the same amount 
     for acquisition of replacement patrol boats and service life 
     extensions. The Senate bill contained a similar provision in 
     Title II.
       Section 522. The conferees continue a provision proposed by 
     the House and Senate that directs that only the Privacy 
     Officer, appointed pursuant to section 222 of the Homeland 
     Security Act of 2002, may alter, direct that changes be made 
     to, delay or prohibit the transmission of a Privacy Officer 
     report to Congress.
       Section 523. The conferees continue a provision proposed by 
     the House and Senate requiring only those employees who are 
     trained in contract management to perform contract 
     management.
       Section 524. The conferees continue and modify a provision 
     proposed by the House and Senate directing that any funds 
     appropriated or transferred to TSA ``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 
     notification.
       Section 525. The conferees continue and modify a provision 
     proposed by the House and Senate requiring DHS to revise, 
     within 30 days after enactment, its management directive on 
     Sensitive Security Information (SSI) to among other things, 
     provide for the release of certain SSI information that is 
     three years old unless the Secretary makes a written 
     determination that identifies a rational reason why the 
     information must remain SSI. The conferees expect this 
     rational reason written determination to identify and 
     describe the specific risk to the national transportation 
     system. The provision also contains a mechanism for SSI to be 
     used in civil judicial proceedings if the judge determines 
     that is needed. The conferees expect that a party will be 
     able to demonstrate undue hardship to the judge if equivalent 
     information is not available in one month's time. The 
     conferees expect the criminal history records check and 
     terrorist threat assessment on the persons seeking access to 
     SSI in civil proceedings to be identical to that conducted 
     for aviation workers. The conferees further expect any DHS 
     demonstration of risk or harm to the nation in a judicial 
     proceeding include a description of the specific risk to the 
     national transportation system. This is consistent with 
     demonstrations made for classified information.
       Section 526. The conferees continue a provision proposed by 
     the House and Senate extending the authorization of the 
     Working Capital Fund in fiscal year 2007.
       Section 527. The conferees continue a provision proposed by 
     the House and Senate rescinding $16,000,000 from the 
     unobligated balances from prior year appropriations made 
     available for the ``Counterterrorism Fund''.
       Section 528. The conferees continue and modify a provision 
     proposed by the House requiring monthly Disaster Relief Fund 
     financial reports. These changes are in part based on 
     recommendations made by the Government Accountability Office 
     in report GAO-06-834. The Senate bill contained no similar 
     provision.
       Section 529. The conferees continue and modify a provision 
     proposed by the Senate rescinding $125,000,000 from 
     unexpended balances of the Science and Technology 
     Directorate, as proposed by the Senate and modified by the 
     conferees. The House bill contained no similar provision.
       Section 530. The conferees continue a provision proposed by 
     the Senate regarding the enforcement of section 4025(1) of 
     Public Law 108-458. The House bill contained no similar 
     provision.
       Section 531. The conferees continue and modify a provision 
     proposed by the House and Senate requiring the Chief 
     Financial Officer to submit monthly budget execution and 
     staffing reports within 45 days after the close of each 
     month.
       Section 532. The conferees continue and modify a provision 
     proposed by the House relating to undercover investigative 
     operations authority of the Secret Service for fiscal year 
     2007. The Senate bill contained no similar provision.
       Section 533. The conferees continue a provision proposed by 
     the House directing the Director of the Domestic Nuclear 
     Detection Office to operate extramural and intramural 
     research, development, demonstration, testing, and evaluation 
     programs so as to distribute funding through grants, 
     cooperative agreements, other transactions and contracts. The 
     Senate bill contained no similar provision.
       Section 534. The conferees continue a provision proposed by 
     the Senate regarding the Hancock County Port and Harbor 
     Commission of Mississippi. The House bill contained no 
     similar provision.
       Section 535. The conferees continue and modify a provision 
     proposed by the House and Senate regarding the importation of 
     prescription drugs.
       Section 536. The conferees continue a provision proposed by 
     the Senate directing the Department of Homeland Security to 
     account for the needs of household pets and service animals 
     in approving standards for state and local emergency 
     preparedness operational plans under the Stafford Act. The 
     House bill contained no similar provision.
       Section 537. The conferees continue a provision proposed by 
     the House and Senate rescinding $4,776,000 of unobligated 
     balances from prior year appropriations made available for 
     Transportation Security Administration ``Aviation Security'' 
     and ``Headquarters Administration''.
       Section 538. The conferees continue a provision proposed by 
     the Senate rescinding $61,936,000 from the unobligated 
     balances of prior year appropriations for TSA ``Aviation 
     Security''. The House bill contained no similar provision.
       Section 539. The conferees continue a provision proposed by 
     the Senate rescinding $20,000,000 from unexpended balances of 
     the United States Coast Guard ``Acquisition, Construction, 
     and Improvements'' account identified in House Report 109-241 
     for the development of the Offshore Patrol Cutter. The House 
     bill contained no similar provision.
       Section 540. The conferees include a new provision 
     rescinding $4,100,000 from the Coast Guard's Automatic 
     Identification System. The Senate bill contained a similar 
     proposal. The House bill contained no similar proposal.
       Section 541. The conferees continue a provision proposed by 
     the House permitting the Army Corps of Engineers to use 
     specific Meadowview Acres Addition lots in Augusta, Kansas, 
     for building portions of the flood-control levee. The 
     conferees expect FEMA to cooperate with and assist the Army 
     Corps of Engineers with regard to this section. The Senate 
     bill contained no similar provision.
       Section 542. The conferees continue a provision proposed by 
     the Senate permitting the City of Cuero, Texas, to use grant 
     funds awarded under title I, chapter 6, Public Law 106-31 
     until September 30, 2007. The House bill contained a similar 
     provision.
       Section 543. The conferees continue a provision proposed by 
     the House prohibiting the use of funds to contravene the 
     federal buildings performance and reporting requirements of 
     Executive Order 13123, part 3 of title V of the National 
     Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), or 
     subtitle A of title I of the Energy Policy Act of 2005. The 
     Senate bill contained no similar provision.
       Section 544. The conferees continue a provision proposed by 
     the Senate classifying the instructor staff at the Federal 
     Law Enforcement Training Center as inherently governmental 
     for purposes of the Federal Activities Inventory Reform Act 
     of 1998. The House bill contained no similar provision.
       Section 545. The conferees continue a provision proposed by 
     the House prohibiting the use of funds to contravene section 
     303 of the Energy Policy Act. The Senate bill contained no 
     similar provision.
       Section 546. The conferees continue and modify a provision 
     proposed by the Senate

[[Page H7833]]

     regarding the Western Hemisphere Travel Initiative. The House 
     bill contained no similar provision.
       Section 547. The conferees continue a provision proposed by 
     the House prohibiting the use of funds to award a contract 
     for major disaster or emergency assistance activities under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act, except in accordance with section 307 of that 
     Act. The Senate bill contained no similar provision.
       Section 548. The conferees continue a provision proposed by 
     the House prohibiting funds to be used to reimburse L.B. & B. 
     Associates, Inc. or Olgoonik Logistics LLC for attorney fees 
     related to litigation against Local 30 of the International 
     Union of Operating Engineers. The Senate bill contained no 
     similar provision.
       Section 549. The conferees continue and modify a provision 
     proposed by the Senate regarding the Transportation Security 
     Administration's Acquisition Management System. The House 
     bill contained no similar provision.
       Section 550. The conferees continue and modify a provision 
     proposed by the Senate to require the Secretary to issue 
     interim risk-based security regulations on high risk chemical 
     facilities. This three-year authorization gives the Secretary 
     and facilities flexibility to achieve the appropriate risk 
     reduction, but also provides the Secretary the means to 
     inspect and sanction non-compliant facilities, including 
     authority to shut down non-compliant facilities until they 
     comply. The provision protects sensitive information, but 
     allows it to be shared with appropriate authorities. The 
     House bill contained no similar provision.
         Section 551. The conferees continue a provision proposed 
     by the Senate regarding unlawful border tunnels. The House 
     bill contained no similar provision.
         Section 552. The conferees continue and modify a 
     provision proposed by the Senate prohibiting the Secretary of 
     Homeland Security from altering or reducing the Coast Guard's 
     civil engineering program until Congress receives and 
     approves any planned changes. The House bill contained no 
     similar provision.
         Section 553. The conferees continue a provision proposed 
     by the Senate prohibiting the use of funds in contravention 
     to Executive Order 13149, relating to fleet and 
     transportation efficiency. The House bill contained no 
     similar provision.
         Section 554. The conferees continue a provision proposed 
     by the Senate requiring each air carrier to submit a plan to 
     the Transportation Security Administration on how it will 
     participate in the voluntary provision of the emergency 
     services program. The House bill contained no similar 
     provision.
         Section 555. The conferees continue a provision proposed 
     by the Senate requiring the Director of the Federal Emergency 
     Management Agency, in conjunction with the Director of the 
     National Institute of Standards and Technology, to report on 
     federal earthquake response plans for high-risk earthquake 
     regions. The House bill contained no similar provision.
         Section 556. The conferees continue a provision proposed 
     by the Senate directing the Secretary of Homeland Security to 
     revise procedures for clearing individuals who have been 
     mistakenly placed on a terrorist database list. The House 
     bill contained no similar provision.
         Section 557. The conferees continue and modify a 
     provision proposed by the Senate prohibiting the confiscation 
     of firearms during certain national emergencies. The House 
     bill contained no similar provision.
         Section 558. The conferees continue and modify a 
     provision proposed by the Senate to pilot an integrated 
     scanning system at foreign seaports. The House bill contained 
     no similar provision.
         Section 559. The conferees include a new provision 
     rescinding $2,500,000 from the United States Secret Service 
     National Special Security Event Fund and re-appropriating the 
     same amount to the same account available until expended.
         Section 560. The conferees include a new provision 
     requiring the transfer authority contained in section 505 of 
     the Homeland Security Act, as amended by Title VI of this 
     Act, concerning the reorganization of FEMA be subject to 31 
     U.S.C. 1531 (a)(2).

                         PROVISIONS NOT ADOPTED

         The conference agreement deletes section 516 of the House 
     bill maintaining the United States Secret Service as a 
     distinct entity within the Department of Homeland Security. 
     The provision is already enacted into law (section 607 of 
     Public Law 109-177).
         The conference agreement deletes section 520 of the House 
     bill and Section 520 of the Senate bill relating to the 
     transportation worker identification credential.
         The conference agreement deletes section 534 of the 
     Senate bill transferring the Transportation Security 
     Laboratory to the Transportation Security Administration.
         The conference agreement deletes section 536 of the House 
     bill prohibiting the Transportation Security Administration 
     from employing nonscreener personnel in certain situations.
         The conference agreement deletes section 536 of the 
     Senate bill prohibiting the use of funds for the Office of 
     the Federal Coordinator for Gulf Coast Rebuilding until 
     certain conditions are met. This issue is addressed in the 
     statement of managers under Departmental Management and 
     Operations.
         The conference agreement deletes section 541 of the House 
     bill reducing funds for the Office of the Secretary and 
     Executive Management and adding funds to Fire Fighter 
     Assistance Grants.
         The conference agreement deletes section 541 of the 
     Senate bill requiring a report on agriculture inspections. 
     This requirement is addressed in the statement of managers 
     under Customs and Border Protection.
         The conference agreement deletes section 542 of the House 
     bill adding funds to the Secret Service and Federal Emergency 
     Management Agency.
         The conference agreement deletes section 542 of the 
     Senate bill requiring the conference report accompanying H.R. 
     5441 to contain any limitation, directive, or earmarking 
     agreed upon by both the House and Senate.
         The conference agreement deletes section 543 of the House 
     bill relating to a limitation on funds to be used in 
     contravention of section 642(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996.
         The conference agreement deletes section 543 of the 
     Senate bill requiring reports submitted to the Committees on 
     Appropriations and the annual budget justifications to 
     be posted on the Department's website with 48 hours. The 
     conferees note the Director of the Office of Management 
     and Budget's decision to post budget justifications and 
     related material on a public web site within two weeks of 
     submitting the material to Congress (OMB circular A-11).
         The conference agreement deletes section 544 of the House 
     bill prohibiting the use of funds to provide information to 
     foreign governments about activities of organized volunteer 
     civilian action groups, unless required by international 
     treaty.
         The conference agreement deletes section 544 of the 
     Senate bill providing funds to the Chief Financial Officer 
     from the Office of Domestic Preparedness. This requirement is 
     addressed in the statement of managers under Office of the 
     Chief Financial Officer.
         The conference agreement deletes section 545 of the 
     Senate bill prohibiting the use of funds for the Long Range 
     Aids to Navigation stations, except for certain geographic 
     areas. This requirement is addressed in the statement of 
     managers under United States Coast Guard.
         The conference agreement deletes section 546 of the 
     Senate bill regarding statutory limitations of the number of 
     TSA employees.
         The conference agreement deletes section 547 of the 
     Senate bill requiring a report on actions to achieve 
     interoperable communications. This issue is addressed in the 
     statement of managers under Preparedness.
         The conference agreement deletes section 549 of the 
     Senate bill relating to data-mining. This requirement is 
     addressed in the statement of managers under Office of the 
     Secretary and Executive Management.
         The conference agreement deletes section 551 of the 
     Senate bill requiring the Department of Homeland Security to 
     conduct a pilot program at the Northern Border air wing bases 
     to test unmanned aerial vehicles. This requirement is 
     addressed in the statement of managers under Customs and 
     Border Protection.
         The conference agreement deletes section 552 of the 
     Senate bill requiring Immigration and Customs Enforcement to 
     report on the costs and need of establishing a sub-office in 
     Greeley, Colorado. This requirement is addressed in the 
     statement of managers under Immigration and Customs 
     Enforcement.
         The conference agreement deletes section 553 of the 
     Senate bill requiring a report on locating existing Louisiana 
     facilities and assets of the Coast Guard in the Federal City 
     Project of New Orleans, Louisiana. This requirement is 
     addressed in the statement of managers under United States 
     Coast Guard.
         The conference agreement deletes section 554 of the 
     Senate bill that authorizes the Coast Guard to buy law 
     enforcement patrol boats. This requirement is addressed in 
     the statement of managers under United States Coast Guard.
         The conference agreement deletes section 555 of the 
     Senate bill regarding the screening of municipal solid waste.
         The conference agreement deletes section 557 of the 
     Senate bill requiring the Secretary of Homeland Security to 
     inspect and levy a fee to inspect international shipments of 
     municipal solid waste.
         The conference agreement deletes section 558 of the 
     Senate bill requiring the evaluation of interoperable 
     communications for the 2010 Olympics. This requirement is 
     addressed in the statement of managers under Office of the 
     Secretary and Executive Management.
         The conference agreement deletes section 560 of the 
     Senate bill reducing the amounts made available under this 
     Act for travel, transportation, printing, and reproduction.
         The conference agreement deletes section 565 of the 
     Senate bill allowing the Coast Guard to use funds from its 
     Operating Expenses for the National Capital Region Air 
     Defense mission. This issue is addressed in the statement of 
     managers under United States Coast Guard.
         The conference agreement deletes section 566 of the 
     Senate bill reflecting the sense of the Senate on combating 
     methamphetamine. This is addressed in the statement of 
     managers under Customs and Border Protection.
         The conference agreement deletes section 567 of the 
     Senate bill requiring the Secretary of Homeland Security to 
     report on the

[[Page H7834]]

     compliance with the recommendations of the Inspector General 
     relating to the National Asset Database. This requirement is 
     addressed in the statement of managers under Preparedness.
         The conference agreement deletes section 568 of the 
     Senate bill requiring the Inspector General to review any 
     Secure Border Initiative contracts awarded over $20,000,000. 
     This requirement is addressed in the statement of managers 
     under Office of Inspector General.
         The conference agreement deletes section 569 of the 
     Senate bill permitting funds from Title VI to be used for the 
     establishment of the Northern Border air wing site in 
     Michigan. This requirement is addressed in the statement of 
     managers under Customs and Border Protection.
         The conference agreement deletes section 572 of the 
     Senate bill to expand the National Infrastructure Simulation 
     and Analysis Center. This issue is addressed in Title VI of 
     this Act.
         The conference agreement deletes section 573 of the 
     Senate bill requiring the Secretary of Homeland Security to 
     consult with the National Council on Radiation Protection and 
     Measurement and other organizations in preparing guidance 
     with respect to radiological terrorism, threats, and events. 
     This requirement is addressed in the statement of managers 
     under Preparedness.
         The conference agreement deletes section 574 of the 
     Senate bill requiring the Comptroller General to report on 
     the effect on public safety and screening operations from 
     modifications to the list of items prohibited from being 
     carried on commercial aircraft. This requirement is addressed 
     in the statement of managers under Transportation Security 
     Administration.

         TITLE VI--BORDER SECURITY INFRASTRUCTURE ENHANCEMENTS

         The conference agreement does not include Title VI of the 
     Senate bill, ``Border Security Infrastructure Enhancements.'' 
     The House bill contained no similar matter. These matters are 
     addressed in Titles I-IV of this Conference Report and the 
     accompanying statement of managers.
         The conference agreement includes new National Emergency 
     Management authority in Title VI of this Conference Report. 
     The Senate bill included ``United States Emergency Management 
     Authority'' in Title VIII. The House bill contained no 
     similar matter.

 TITLE VII--SUPPLEMENTAL APPROPRIATIONS FOR PORT SECURITY ENHANCEMENTS

         The conference agreement does not include Title VII of 
     the Senate bill, ``Supplemental Appropriations for Port 
     Security Enhancements.'' The House bill contained no similar 
     matter. These matters are addressed in Titles I-IV of this 
     Conference Report and the accompanying statement of managers.

        TITLE VIII--UNITED STATES EMERGENCY MANAGEMENT AUTHORITY

         The conference agreement does not include Title VIII of 
     the Senate bill, ``United States Emergency Management 
     Authority.'' The House bill contained no similar matter. The 
     conferees include new National Emergency Management authority 
     in Title VI of this Conference Report.

                TITLE IX--BORDER ENFORCEMENT RELIEF ACT

         The conference agreement does not include Title IX of the 
     Senate bill, ``Border Enforcement Relief Act.'' The House 
     bill contained no similar matter.
         The conference agreement contains no appropriations as 
     defined in House Resolution 1000 that were not otherwise 
     addressed in the House or Senate bills or reports.

                       CONFERENCE RECOMMENDATIONS

         The conference agreement's detailed funding 
     recommendations for programs in this bill are contained in 
     the table listed below.

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[[Page H7848]]

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2007 recommended by the Committee of Conference, 
     comparisons to the 2007 budget estimates, and the House and 
     Senate bills for 2007 follow:

                       [In thousands of dollars]

Budget estimates of new (obligational) authority, fiscal year32,077,970
House bill, fiscal year 2007.................................33,143,147
Senate bill, fiscal year 2007................................33,441,323
Conference agreement, fiscal year 2007.......................34,797,323
Conference agreement compared with:
  Budget estimates of new (obligational) authority, fiscal ye+2,719,353
  House bill, fiscal year 2007...............................+1,654,176
  Senate bill, fiscal year 2007..............................+1,356,000

     Harold Rogers,
     Zach Wamp,
     Tom Latham,
     Jo Ann Emerson,
     John E. Sweeney,
     Jim Kolbe,
     Ander Crenshaw,
     John R. Carter,
     Jerry Lewis,
     Martin Olav Sabo,
     David E. Price,
     Jose E. Serrano,
     Lucille Roybal-Allard,
     Sanford D. Bishop,
     Marion Berry,
     Chet Edwards,
     David R. Obey,
                                Managers on the Part of the House.

     Judd Gregg,
     Thad Cochran,
     Ted Stevens,
     Arlen Specter,
     Pete V. Domenici,
     Richard C. Shelby,
     Larry E. Craig,
     R.F. Bennett,
     Wayne Allard,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy,
     Barbara A. Mikulski,
     Herb Kohl,
     Patty Murray,
     Harry Reid,
     DIanne Feinstein,
                               Managers on the Part of the Senate.