[House Report 109-699]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-699

======================================================================



 
 MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE 
     FISCAL YEAR ENDING SEPTEMBER 30, 2007, AND FOR OTHER PURPOSES

                                _______
                                

               September 28, 2006.--Ordered to be printed

                                _______
                                

Mr. Rogers of Kentucky, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 5441]

      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 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 explanatory 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 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 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 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 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 
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 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 (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 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 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 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 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 
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, 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;
                    ``(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.

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.
    ``(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 
                (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.
            (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), 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;
                    (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, 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;
            ``(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
``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 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
                    (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 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 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 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 otherwise, 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.

            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 
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, reprogrammings, 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. 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--12

      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 SBI 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 SBI 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' 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 
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.

                   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 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 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
                                                      ==================
            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

            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
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 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, Illinois....................................       1,000,000
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 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, 
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 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 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 Services, 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 and Senate for the 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 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 $350,200,000 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's 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 explosives 
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 conferees direct 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 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 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 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 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.


                   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 
    year 2007...........................................      32,077,970
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 year 2007..................................      +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.

                                  
