Volume 152, No. 93 covering the 2nd Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007” mentioning the Environmental Protection Agency was published in the Senate section on pages S7632-S7650 on July 17, 2006.
The publication is reproduced in full below:
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007
On Thursday, July 13, 2006 the Senate passed H.R. 5441, as follows:
H.R. 5441
Resolved, That the bill from the House of Representatives
(H.R. 5441) entitled ``An Act making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007, and for other purposes.'', do pass with the following amendment:
Strike out all after the enacting clause and insert:That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2007, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of the Department of Homeland Security, as authorized by law, $82,622,000: Provided, That not to exceed
$40,000 shall be for official reception and representation expenses.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$163,456,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses: Provided further, That of the total amount provided, $8,206,000 shall remain available until expended solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), $26,018,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $306,765,000; of which
$79,521,000 shall be available for salaries and expenses; and of which $227,244,000 shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security, and for the costs of conversion to narrowband communications, including the cost for operation of the land mobile radio legacy systems, to remain available until expended: Provided, That none of the funds appropriated shall be used to support or supplement the appropriations provided for the United States Visitor and Immigrant Status Indicator Technology project or the Automated Commercial Environment: Provided further, That the Chief Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not more than 60 days after the date of enactment of this Act, an expenditure plan for all information technology projects that: (1) are funded under this heading; or (2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements: Provided further, That such expenditure plan shall include each specific project funded, key milestones, all funding sources for each project, details of annual and lifecycle costs, and projected cost savings or cost avoidance to be achieved by the project.
Analysis and Operations
For necessary expenses for information analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$298,663,000, to remain available until September 30, 2008, of which not to exceed $5,000 shall be for official reception and representation expenses.
Office of Inspector General
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $90,185,000, of which not to exceed
$100,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General: Provided further, That the Department of Homeland Security Inspector General shall investigate whether, and to what extent, in adjusting and settling claims resulting from Hurricane Katrina, insurers making flood insurance coverage available under the Write-Your-Own program pursuant to section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 4081) and subpart C of part 62 of title 44, Code of Federal Regulations, improperly attributed damages from such hurricane to flooding covered under the insurance coverage provided under the national flood insurance program rather than to windstorms covered under coverage provided by such insurers or by windstorm insurance pools in which such insurers participated: Provided further, That the Department of Homeland Security Inspector General may request the assistance of the Attorney General and the Department of Justice in conducting such investigation and may reimburse the costs of the Attorney General and the Department of Justice in providing such assistance from such funds: Provided further, That the Department of Homeland Security Inspector General shall submit a report to Congress not later than April 1, 2007, setting forth the conclusions of such investigation.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project, as authorized by section 110 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996
(8 U.S.C. 1221 note), $399,494,000, to remain available until expended: Provided, That of the total amount made available under this heading, $200,000,000 may not be obligated for the United States Visitor and Immigrant Status Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security information systems enterprise architecture;
(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;
(4) includes a certification by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation agent is currently under contract for the project;
(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports; purchase and lease of up to 4,500 (3,500 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $5,329,874,000, of which $44,000,000 shall be used to hire an additional 236 border patrol agents; of which $3,026,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee under section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for official reception and representation expenses; of which not less than $172,676,000 shall be for Air and Marine Operations; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided, That for fiscal year 2007, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act may be available to compensate any employee of United States Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies.
automation modernization
For expenses for customs and border protection automated systems, $461,207,000, to remain available until expended, of which not less than $318,490,000 shall be for the development of the Automated Commercial Environment: Provided, That none of the funds made available under this heading may be obligated for the Automated Commercial Environment until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security information systems enterprise architecture;
(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;
(4) includes a certification by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation agent is currently under contract for the project;
(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
TECHNOLOGY MODERNIZATION
For expenses for customs and border protection technology systems, $131,559,000, to remain available until expended: Provided, That of the funds made available under this heading, $100,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security information systems enterprise architecture;
(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;
(4) includes a certification by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation agent is currently under contract for the project;
(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
air and marine interdiction, operations, maintenance, and procurement
(including rescission of funds)
For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aerial vehicles, and other related equipment of the air and marine program, including operational training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, $472,499,000, to remain available until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to United States Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2007 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives.
In addition, of the funds appropriated under this heading in title II of the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2068) for a covert manned surveillance aircraft, $14,000,000 are rescinded.
construction
For necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $288,084,000, to remain available until expended.
Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations; and purchase and lease of up to 2,740 (2,000 for replacement only) police-type vehicles; $3,740,357,000, of which not to exceed $7,500,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed $15,000 shall be for official reception and representation expenses; of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $102,000 shall be for promotion of public awareness of the child pornography tipline; of which not less than $203,000 shall be for Project Alert; of which not less than $5,400,000 may be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled illegal aliens: Provided, That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided further, That none of the funds in this Act or any other appropriations Act may be used to fund any activity other than those activities funded in fiscal year 2005 to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)): Provided further, That of the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor in fiscal year 2007, of which not to exceed $6,000,000 shall remain available until expended: Provided further, That an additional $58,000,000 shall be available under this heading and authorized for 1,700 additional detention beds spaces and the necessary operational and mission support positions, information technology, relocation costs, and training for those beds and the amount made available under the heading ``Disaster Relief'' in this Act is reduced by $58,000,000.
federal protective service
The revenues and collections of security fees credited to this account, not to exceed $516,011,000, shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and for the operations of the Federal Protective Service.
automation modernization
For expenses of immigration and customs enforcement automated systems, $20,000,000, to remain available until expended: Provided, That of the funds made available under this heading, $16,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security information systems enterprise architecture;
(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;
(4) includes a certification by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation agent is currently under contract for the project;
(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
construction
For necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $101,281,000, to remain available until expended.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security Administration related to providing civil aviation security services under the Aviation and Transportation Security Act
(49 U.S.C. 40101 note; Public Law 107-71; 115 Stat. 597),
$4,751,580,000, to remain available until September 30, 2008, of which not to exceed $10,000 shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, not to exceed
$3,790,132,000 shall be for screening operations, of which
$141,400,000 shall be available only for procurement of checked baggage explosive detection systems and $171,500,000 shall be available only for installation of checked baggage explosive detection systems; and not to exceed $961,448,000 shall be for aviation security direction and enforcement presence: Provided further, That the Transportation Security Administration shall provide passenger and baggage screeners and related resources at the New Castle Airport in Wilmington, Delaware, as long as commercial air service is provided at that airport: Provided further, That of the funds appropriated under this heading, $25,000,000 shall not be obligated until after the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate and the House of Representatives a detailed report in response to findings in the Department of Homeland Security Office of Inspector General report (OIG-04-44) concerning contractor fees: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further, That the sum herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2007, so as to result in a final fiscal year appropriation from the General Fund estimated at not more than $2,331,580,000 Provided further, That any security service fees collected in excess of the amount made available under this heading shall become available during fiscal year 2008: Provided further, That notwithstanding section 44923 of title 49, United States Code, the share of the cost of the Federal Government for a project under any letter of intent shall be 75 percent for any medium or large hub airport and not more than 90 percent for any other airport, and all funding provided by section 44923(h) of title 49 United States Code, or from appropriations authorized under section 44923(i)(1) of title 49, United States Code, may be distributed in any manner determined necessary to ensure aviation security and to fulfill the Government's planned cost share under existing letters of intent: Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership; and the heads of Federal agencies and commissions, including the Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General and Assistant Attorneys General and the United States attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget; shall not be exempt from Federal passenger and baggage screening: Provided further, That beginning in fiscal year 2007 and thereafter, reimbursement for security services and related equipment and supplies provided in support of general aviation access to the Ronald Reagan Washington National Airport shall be credited to this appropriation and shall be available until expended solely for these purposes.
surface transportation security
For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $37,200,000, to remain available until September 30, 2008.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing,
$29,700,000, to remain available until September 30, 2008. transportation security support
For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence under the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $618,865,000, to remain available until September 30, 2008.
federal air marshals
For necessary expenses of the Federal Air Marshals,
$699,294,000.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the United States Coast Guard not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; payments under section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $5,534,349,000, of which $340,000,000 shall be for defense-related activities; of which $24,255,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $10,000 shall be for official reception and representation expenses: Provided, That none of the funds made available by this or any other Act shall be available for administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds made available by this Act shall be for expenses incurred for yacht documentation under section 12109 of title 46, United States Code, except to the extent fees are collected from yacht owners and credited to this appropriation.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and restoration functions of the United States Coast Guard under chapter 19 of title 14, United States Code,
$10,880,000, to remain available until expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program; personnel and training costs; and equipment and services; $123,948,000.
acquisition, construction, and improvements
(including rescissions of funds)
For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law;
$1,145,329,000, of which $19,800,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $24,750,000 shall be available until September 30, 2011, to acquire, repair, renovate, or improve vessels, small boats, and related equipment; of which
$14,000,000 shall be available until September 30, 2011, to increase aviation capability; of which $92,268,000 shall be available until September 30, 2009, for other equipment; of which $20,680,000 shall be available until September 30, 2009, for shore facilities and aids to navigation facilities; and of which $993,631,000 shall be available until September 30, 2011, for the Integrated Deepwater Systems program: Provided, That the Commandant of the Coast Guard is authorized to dispose of surplus real property, by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and shall be available until September 30, 2009: Provided further, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the President's fiscal year 2008 budget, a review of the Revised Deepwater Implementation Plan that identifies any changes to the plan for the fiscal year; an annual performance comparison of Deepwater assets to pre-Deepwater legacy assets; a status report of legacy assets; a detailed explanation of how the costs of legacy assets are being accounted for within the Deepwater program; an explanation of why many assets that are elements of the Integrated Deepwater System are not accounted for within the Deepwater appropriation under this heading; a description of the competitive process conducted in all contracts and subcontracts exceeding $5,000,000 within the Deepwater program; a description of how the Coast Guard is planning for the human resource needs of Deepwater assets; and the earned value management system gold card data for each Deepwater asset: Provided further, That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a comprehensive review of the Revised Deepwater Implementation Plan every 5 years, beginning in fiscal year 2011, that includes a complete projection of the acquisition costs and schedule for the duration of the plan through fiscal year 2027: Provided further, That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget is submitted under section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the next five fiscal years or until project completion, whichever is earlier;
(4) an estimated completion date at the projected funding levels; and
(5) changes, if any, in the total estimated cost of completion or estimated completion date from previous future-years capital investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts specified in the future-years capital investment plan are consistent to the maximum extent practicable with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President's budget as submitted under section 1105(a) of title 31, United States Code, for that fiscal year: Provided further, That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified.
In addition, of the funds appropriated under this heading in title II of the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2087),
$79,200,000 are rescinded from the unexpended balances specifically identified in the Joint Explanatory Statement
(House Report 109-241) accompanying that Act for the Fast Response Cutter, the service life extension program of the current 110-foot Island Class patrol boat fleet, and accelerated design and production of the Fast Response Cutter.
In addition, of the funds appropriated under this heading in title II of the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2087),
$1,933,000 are rescinded from the unexpended balances specifically identified in the Joint Explanatory Statement
(House Report 109-241) accompanying that Act for the covert surveillance aircraft.
In addition, of the funds appropriated under this heading in title II of the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2087),
$1,835,000 are rescinded from the unexpended balances specifically identified in the Joint Explanatory Statement
(House Report 109-241) accompanying that Act for the automatic identification system.
alteration of bridges
For necessary expenses for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 516), $15,000,000, to remain available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $17,573,000, to remain available until expended, of which $495,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,063,323,000.
United States Secret Service
protection, administration, and training
For necessary expenses of the United States Secret Service, including purchase of not to exceed 755 vehicles for police-type use, of which 624 shall be for replacement only, and hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees where a protective assignment during the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $918,028,000, of which not to exceed $25,000 shall be for official reception and representation expenses: Provided, That up to $18,000,000 provided for protective travel shall remain available until September 30, 2008: Provided further, That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under this heading at the end of the fiscal year.
INVESTIGATIONS AND FIELD OPERATIONS
For necessary expenses for investigations and field operations of the United States Secret Service, not otherwise provided for, including costs related to office space and services of expert witnesses at such rate as may be determined by the Director of the Secret Service, $304,205,000; of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; and of which $6,000,000 shall be a grant for activities related to the investigations of missing and exploited children and shall remain available until expended.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities,
$3,725,000, to remain available until expended.
TITLE III
PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
For salaries and expenses of the Office of the Under Secretary for Preparedness, the Office of the Chief Medical Officer, and the Office of National Capital Region Coordination, $30,572,000, of which no less than $2,741,000 may be used for the Office of National Capital Region Coordination, and of which $6,459,000 shall be for the National Preparedness Integration Program: Provided, That none of the funds made available under this heading may be obligated for the National Preparedness Integration Program until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security: Provided further, That not to exceed $7,000 shall be for official reception and representation expenses: Provided further, That none of the funds made available in this title under the heading ``Management and Administration'' may be used for travel by an officer or employee of the Department of Homeland Security until the Under Secretary for Preparedness has implemented the recommendations in the report by the Inspector General of the Department of Homeland Security titled ``Progress in Developing the National Asset Database'', dated June 2006; or until the Under Secretary for Preparedness submits a report to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives explaining why such recommendations have not been fully implemented.
Office for Domestic Preparedness
state and local programs
For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, notwithstanding any other provision of law, $2,400,000,000, which shall be allocated as follows:
(1) $500,000,000 for formula-based grants and $350,000,000 for law enforcement terrorism prevention grants under section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That the application for grants shall be made available to States within 45 days after the date of enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and that the Office for Domestic Preparedness shall act within 90 days after the grant announcement: Provided further, That not less than 80 percent of any grant under this paragraph to a State (other than Puerto Rico) shall be made available by the State to local governments within 60 days after the receipt of the funds.
(2) $1,172,000,000 for discretionary grants, as determined by the Secretary of Homeland Security, of which--
(A) $745,000,000 shall be for use in high-threat, high-density urban areas: Provided, That not later than September 30, 2007, the Secretary shall distribute any unallocated funds provided for in title III of the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2075) under the heading ``state and local programs'' under the heading ``Office for Domestic Preparedness'' to assist organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code) determined by the Secretary to be at high-risk or potential high-risk of a terrorist attack: Provided further, That applicants shall provide for the Secretary's consideration prior threats or attacks (within or outside the United States) by a terrorist organization, network, or cell against an organization described in the previous proviso, and the Secretary shall consider prior threats or attacks (within or outside the United States) against such organizations when determining risk: Provided further, That the Secretary shall report to the Committees on Appropriations of the Senate and the House of Representatives the risk to each designated tax exempt grantee at least 3 full business days in advance of the announcement of any grant award;
(B) $210,000,000 shall be for port security grants for the purposes of section 70107(a) through (h) of title 46, United States Code, which shall be awarded based on risk notwithstanding subsection (a), for eligible costs as defined in subsections (b)(2), (3), and (4);
(C) $5,000,000 shall be for trucking industry security grants;
(D) $12,000,000 shall be for intercity bus security grants;
(E) $150,000,000 shall be for intercity passenger rail transportation (as defined in section 24102 of title 49, United States Code), freight rail, and transit security grants; and
(F) $50,000,000 shall be for buffer zone protection grants:Provided, That for grants under subparagraph (A), the application for grants shall be made available to States within 45 days after the date of enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and that the Office for Domestic Preparedness shall act within 90 days after receipt of an application: Provided further, That not less than 80 percent of any grant under this paragraph to a State shall be made available by the State to local governments within 60 days after the receipt of the funds: Provided further, That for grants under subparagraphs (B) through (F), the applications for such grants shall be made available to eligible applicants not later than 75 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 45 days after the date of the grant announcement, and the Office for Domestic Preparedness shall act on such applications not later than 45 days after the date on which such an application is received.
(3) $40,000,000 shall be available for the Commercial Equipment Direct Assistance Program.
(4) $338,000,000 for training, exercises, technical assistance, and other programs (including mass evacuation preparation and exercises): Provided, That not less than
$18,000,000 is for technical assistance:Provided, That none of the grants provided under this heading shall be used for the construction or renovation of facilities, except for a minor perimeter security project, not to exceed $1,000,000, as determined necessary by the Secretary of Homeland Security: Provided further, That the proceeding proviso shall not apply to grants under subparagraphs (B), (E), and (F) of paragraph (2) of this heading: Provided further, That grantees shall provide additional reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided further, That funds appropriated for law enforcement terrorism prevention grants under paragraph (1) and discretionary grants under paragraph (2)(A) of this heading shall be available for operational costs, to include personnel overtime and overtime associated with Office for Domestic Preparedness certified training, as needed: Provided further, That the Government Accountability Office shall report on the validity, relevance, reliability, timeliness, and availability of the risk factors (including threat, vulnerability, and consequence) used by the Secretary for the purpose of allocating discretionary grants funded under this heading, and the application of those factors in the allocation of funds to the Committees on Appropriations of the Senate and the House of Representatives on its findings not later than 45 days after the date of enactment of this Act: Provided further, That within 7 days after the date of enactment of this Act, the Secretary shall provide the Government Accountability Office with the threat and risk methodology and factors that will be used to allocate discretionary grants funded under this heading.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, of which $552,500,000 shall be available to carry out section 33 of that Act (15 U.S.C. 2229) and $127,500,000 shall be available to carry out section 34 (15 U.S.C. 2229a) of that Act, to remain available until September 30, 2008: Provided, That not to exceed 5 percent of this amount shall be available for program administration.
emergency management performance grants
For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), $220,000,000: Provided, That total administrative costs shall not exceed 3 percent of the total appropriation.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2007, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees received under this heading shall be deposited in this account as offsetting collections and will become available for authorized purposes on October 1, 2007, and remain available until expended.
United States Fire Administration and Training
For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $45,887,000.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $525,056,000, of which $442,547,000 shall remain available until September 30, 2008: Provided, That of the amount made available under this heading, $20,000,000 may not be obligated until the Secretary submits to the Committees on Appropriations of the Senate and House of Representatives the report required in House Report 109-241 accompanying the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90) on resources necessary to implement mandatory security requirements for the Nation's chemical sector and to create a system for auditing and ensuring compliance with the security standards: Provided further, That not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a classified report describing the security vulnerabilities of all rail, transit, and highway bridges and tunnels connecting Northern New Jersey and New York City to the Committee on Appropriations of the Senate; the Committee on Appropriations of the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Administrative and Regional Operations
For necessary expenses for administrative and regional operations, $249,499,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed $3,000 shall be for official reception and representation expenses.
Readiness, Mitigation, Response, and Recovery
For necessary expenses for readiness, mitigation, response, and recovery activities, $240,000,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That of the total amount made available under this heading, $30,000,000 shall be for Urban Search and Rescue Teams, of which not to exceed
$1,600,000 may be made available for administrative costs: Provided further, That the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Attorney General of the United States, shall conduct an assessment of the models used by the Louisiana family assistance call center and the National Center for Missing and Exploited Children in assisting individuals displaced by Hurricane Katrina of 2005 in locating members of their family to determine how these models may be modified to assist individuals displaced in a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) in locating members of their family: Provided further, That the Secretary of Homeland Security shall submit to the chairman and ranking member of the Committee on Homeland Security and Governmental Affairs; the Committee on Health, Education, Labor, and Pensions; and the Committee on the Judiciary of the Senate; and the chairman and ranking member of the Committee on Homeland Security, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives results of the assessment conducted under the previous proviso; as well as a plan to implement the findings of such assessment, to the maximum extent practicable.
Public Health Programs
(including transfer of funds)
For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations,
$33,885,000: Provided, That the total amount appropriated and, notwithstanding any other provision of law, the functions, personnel, assets, and liabilities of the National Disaster Medical System established under section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)), including any functions of the Secretary of Homeland Security relating to such System, shall be permanently transferred to the Secretary of the Department of Health and Human Services effective January 1, 2007.
Disaster Relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $1,640,000,000, to remain available until expended: Provided, That of the total amount provided, not to exceed $15,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to natural disasters subject to section 503 of this Act: Provided further, That none of the funds appropriated or otherwise made available under this heading may be used to enter into contracts using procedures based upon the unusual and compelling urgency exception to competitive procedures requirements under section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) of title 10, United States Code, unless the contract is for the procurement of only such property and services as are necessary to address the immediate emergency and is only for so long as is necessary to put competitive procedures in place in connection with such procurement and the Secretary of Homeland Security notifies the Committees on Appropriations and Homeland Security and Government Affairs of the Senate and Appropriations and Homeland Security of the House of Representatives of such contract not later than 7 days after the contract is entered into.
Disaster Assistance Direct Loan Program Account
For administrative expenses to carry out the direct loan program, as authorized by section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), $569,000: Provided, That gross obligations for the principal amount of direct loans shall not exceed
$25,000,000: Provided further, That the cost of modifying such loans shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses under section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until expended: Provided, That total administrative costs shall not exceed 3 percent of the total appropriation.
National Flood Insurance Fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.),
$128,588,000, which is available as follows: (1) not to exceed $38,230,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2) not to exceed $90,358,000 for flood hazard mitigation which shall be derived from offsetting collections assessed and collected under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to remain available until September 30, 2008, including up to $31,000,000 for flood mitigation expenses under section 1366 of that Act, which amount shall be available for transfer to the National Flood Mitigation Fund until September 30, 2008: Provided, That in fiscal year 2007, no funds in excess of: (1) $70,000,000 for operating expenses; (2) $692,999,000 for commissions and taxes of agents; (3) such sums as necessary for interest on Treasury borrowings shall be available from the National Flood Insurance Fund; and (4) not to exceed $50,000,000 for flood mitigation actions with respect to severe repetitive loss properties under section 1361A of that Act and repetitive insurance claims properties under section 1323 of that Act, which shall remain available until expended: Provided further, That total administrative costs shall not exceed 3 percent of the total appropriation.
National Flood Mitigation Fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), $31,000,000, to remain available until September 30, 2008, for activities designed to reduce the risk of flood damage to structures pursuant to such Act, of which $31,000,000 shall be derived from the National Flood Insurance Fund.
National Pre-Disaster Mitigation Fund
For a pre-disaster mitigation grant program under title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.), $149,978,000, to remain available until expended: Provided, That grants made for pre-disaster mitigation shall be awarded on a competitive basis subject to the criteria in section 203(g) of such Act
(42 U.S.C. 5133(g)), and notwithstanding section 203(f) of such Act, shall be made without reference to State allocations, quotas, or other formula-based allocation of funds: Provided further, That total administrative costs shall not exceed 3 percent of the total appropriation.
Emergency Food and Shelter
To carry out an emergency food and shelter program under title III of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $151,470,000, to remain available until expended: Provided, That total administrative costs shall not exceed 3.5 percent of the total appropriation.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services, $134,990,000.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 of title 5, United States Code; $207,634,000, of which up to $43,910,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30, 2008; of which $300,000 shall remain available until expended for Federal law enforcement agencies participating in training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating agencies; and of which not to exceed $12,000 shall be for official reception and representation expenses: Provided, That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year.
acquisition, construction, improvements, and related expenses
For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, $63,246,000, to remain available until expended: Provided, That the Center is authorized to accept reimbursement to this appropriation from government agencies requesting the construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $104,414,000: Provided, That of the amount provided under this heading, $60,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and approve an expenditure plan by program, project, and activity; with a detailed breakdown and justification of the management and administrative costs for each; prepared by the Secretary of Homeland Security that has been reviewed by the Government Accountability Office: Provided further, That the expenditure plan shall include the method utilized to derive administration costs in fiscal year 2006 and fiscal year 2007: Provided further, That not to exceed $3,000 shall be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research, including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $714,041,000, to remain available until expended: Provided, That no university participating in the University-based Centers of Excellence Program shall receive a grant for a period in excess of 3 years: Provided further, That none of the funds provided under this heading shall be made available for management and administrative costs: Provided further, That $2,000,000 under this heading shall be available for the construction of radiological laboratories at Pacific Northwest National Laboratory: Provided further, That funding will not be available until a Memorandum of Understanding between the Department of Homeland Security and the Department of Energy has been entered into.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection Office and for management and administration of programs and activities, $30,468,000: Provided, That no funds will be made available for the reimbursement of individuals from other Federal agencies or organizations in fiscal year 2008: Provided further, That not to exceed $3,000 shall be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research, development, testing, evaluation and operations,
$234,024,000, to remain available until expended; and of which not to exceed $65,000,000 shall be made available for transformation research and development; and of which no less than $40,000,000 shall be made available for radiation portal monitor research and development: Provided, That of the amount provided, $80,000,000 shall not be obligated until the Secretary of Homeland Security provides notification to the Committees on Appropriations of the Senate and the House of Representatives that the Domestic Nuclear Detection Office has entered into a Memorandum of Understanding with each Federal entity and organization: Provided further, That each Memorandum of Understanding shall include a description of the role, responsibilities, and resource commitment of each Federal entity or organization for the domestic nuclear global architecture.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture,
$178,000,000, to remain available until September 30, 2009; and of which no less than $143,000,000 shall be for radiation portal monitors; and of which not to exceed $5,000,000 shall be for the Surge program: Provided, That none of the funds provided for the Sodium Iodine Manufacturing program shall be made available until a cost-benefit analysis on the Advance Spectroscopic Portal monitors is submitted to the Committees on Appropriations of the Senate and the House of Representatives by the Secretary of Homeland Security and reviewed by the Government Accountability Office.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established under this Act: Provided, That balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2007, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or House of Representatives for a different purpose; or (5) contracts out any function or activity for which funds have been appropriated for Federal full-time equivalent positions; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2007, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of
$5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by the Congress; or (3) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided, That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) of this section and shall not be available for obligation unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances which imminently threaten the safety of human life or the protection of property.
Sec. 504. None of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the ``Department of Homeland Security Working Capital Fund'', except for the activities and amounts allowed in the President's fiscal year 2007 budget, excluding sedan service, shuttle service, transit subsidy, mail operations, parking, and competitive sourcing: Provided, That any additional activities and amounts shall be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2007 from appropriations for salaries and expenses for fiscal year 2007 in this Act shall remain available through September 30, 2008, in the account and for the purposes for which the appropriations were provided: Provided, That prior to the obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2007 until the enactment of an Act authorizing intelligence activities for fiscal year 2007.
Sec. 507. The Federal Law Enforcement Training Center shall lead the Federal law enforcement training accreditation process, to include representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors.
Sec. 508. None of the funds in this Act may be used to make a grant allocation, discretionary grant award, discretionary contract award, or to issue a letter of intent totaling in excess of $1,000,000, or to announce publicly the intention to make such an award, unless the Secretary of Homeland Security notifies the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance: Provided, That no notification shall involve funds that are not available for obligation.
Sec. 509. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
Sec. 510. The Director of the Federal Law Enforcement Training Center shall schedule basic or advanced law enforcement training (including both types of training) at all four training facilities under the control of the Federal Law Enforcement Training Center to ensure that these training centers are operated at the highest capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made available by this Act may be used for expenses of any construction, repair, alteration, or acquisition project for which a prospectus, if required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act (41 U.S.C. 10a et seq.).
Sec. 513. Notwithstanding any other provision of law, the authority of the Office of Personnel Management to conduct personnel security and suitability background investigations, update investigations, and periodic reinvestigations of applicants for, or appointees in, positions in the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, Analysis and Operations, Immigration and Customs Enforcement, Directorate for Preparedness, and the Directorate of Science and Technology of the Department of Homeland Security is transferred to the Department of Homeland Security: Provided, That on request of the Department of Homeland Security, the Office of Personnel Management shall cooperate with and assist the Department in any investigation or reinvestigation under this section: Provided further, That this section shall cease to be effective at such time as the President has selected a single agency to conduct security clearance investigations under section 3001(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 435b) and the entity selected under section 3001(b) of such Act has reported to Congress that the agency selected under such section 3001(c) is capable of conducting all necessary investigations in a timely manner or has authorized the entities within the Department of Homeland Security covered by this section to conduct their own investigations under section 3001 of such Act.
Sec. 514. (a) None of the funds provided by this or previous appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program or any other follow on or successor passenger prescreening programs, until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all 10 of the conditions contained in paragraphs (1) through (10) of section 522(a) of the Department of Homeland Security Appropriations Act, 2005 (Public Law 108-334; 118 Stat. 1319) have been successfully met. Until the Secure Flight program or a follow on or successor passenger screening program has been deployed or implemented, the Transportation Security Administration shall provide airlines with technical or other assistance to better align their reservation and ticketing systems with terrorist databases to assist in alleviating travel delays and other problems associated with mistaken identification.
(b) The report required by subsection (a) shall be submitted within 90 days after the certification required by such subsection is provided, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all 10 conditions have been successfully met.
(c) During the testing phase permitted by subsection (a), no information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in instances where passenger names are matched to a Government watch list.
(d) None of the funds provided in this or previous appropriations Acts may be utilized to develop or test algorithms assigning risk to passengers whose names are not on Government watch lists.
(e) None of the funds provided in this or previous appropriations Acts may be utilized for data or a database that is obtained from or remains under the control of a non-Federal entity: Provided, That this restriction shall not apply to Passenger Name Record data obtained from air carriers.
Sec. 515. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 516. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A-76 for services provided as of June 1, 2004, by employees (including employees serving on a temporary or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
Sec. 517. (a) None of the funds appropriated to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of a person, other than persons granted protection under 3056(a) of title 18, United States Code, and the Secretary of the Department of Homeland Security.
(b) Notwithstanding (a) of this section, the Director of the United States Secret Service may enter into a fully reimbursable agreement to perform such service for protectees not designated under 3056(a) of title 18, United States Code.
Sec. 518. The Secretary of Homeland Security, in consultation with industry stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate.
Sec. 519. (a) The Secretary of Homeland Security is directed to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible.
(b) Existing checked baggage explosive detection equipment and screeners shall be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport until technologies developed under subsection
(a) are available.
(c) The Transportation Security Administration shall report air cargo inspection statistics within 15 days of the close of each quarter of the fiscal year to the Committees on Appropriations of the Senate and the House of Representatives, by airport and air carrier, including any reasons for non-compliance with the second proviso of section 513 of the Department of Homeland Security Appropriations Act, 2005 (Public Law 108-334; 118 Stat. 1317), within 45 days after the end of the quarter.
Sec. 520. (a) None of the funds available for obligation for the transportation worker identification credential program shall be used to develop a personalization system that is executed without fair and open competition for both the implementation and production of the program and identification cards.
(b) The Transportation Security Administration shall certify to the Committees on Appropriations of the Senate and the House of Representatives not later than December 1, 2006, that the competition required under subsection (a) has been achieved.
Sec. 521. None of the funds made available in this Act may be used by any person other than the privacy officer appointed under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (5) of such section.
Sec. 522. No funding provided by this or previous appropriation Acts shall be available to pay the salary of any employee serving as a contracting officer's technical representative (COTR) or anyone acting in a similar or like capacity who has not received COTR training.
Sec. 523. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support'' in fiscal years 2004, 2005, and 2006 that are recovered or deobligated shall be available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems, subject to section 503 of this Act.
Sec. 524. (a) Within 60 days of enactment of this Act, the Secretary of the Department of Homeland Security shall revise DHS MD (Management Directive) 11056 to provide for the following:
(1) That when a lawful request is made to publicly release a document containing information designated as sensitive security information (SSI), the document shall be reviewed in a timely manner to determine whether any information contained in the document meets the criteria for continued SSI protection under applicable law and regulation and shall further provide that all portions that no longer require SSI designation be released, subject to applicable law, including sections 552 and 552a of title 5, United States Code.
(2) That sensitive security information that is four years old shall be subject to release upon request unless--
(A) the Secretary or his designee makes a written determination that identifies a rational basis why the information must remain SSI;
(B) the information is covered by a current sensitive security information application guide approved by the Secretary or his designee in writing; or
(C) such information is otherwise exempt from disclosure under applicable law:Provided, That any determination made by the Secretary under clause (a)(2)(A) shall be provided to the party making a request to release such information and to the Committees on Appropriations of the Senate and House of Representatives as part of the annual reporting requirement pursuant to section 537 of the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2088).
(3) Common and extensive examples of the individual categories of SSI information cited under 49 CFR 1520(b)(1) through (16) in order to minimize and standardize judgment by covered persons in the application of SSI marking.
(b) Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall report to the Committees on Appropriations of the Senate and the House of Representatives on the progress that the Department has made in implementing the remaining requirements of section 537 of the Department of Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2088), including information on the current procedures regarding access to SSI by civil litigants and the security risks and benefits of any proposed changes to these procedures.
Sec. 525. Rescission. From the unobligated balances from prior year appropriations made available for Transportation Security Administration ``Aviation Security'' and
``Headquarters Administration'', $4,776,000 are rescinded.
Sec. 526. The Department of Homeland Security Working Capital Fund, established under section 403 of the Government Management Reform Act of 1994 (31 U.S.C. 501 note; Public Law 103-356), shall continue operations during fiscal year 2007.
Sec. 527. Rescission. Of the unobligated balances from prior year appropriations made available for the
``Counterterrorism Fund'', $16,000,000 are rescinded.
Sec. 528. Rescission. From the unobligated balances from prior year appropriations made available for Transportation Security Administration ``Aviation Security'', $61,936,000 are rescinded.
Sec. 529. None of the funds made available in this Act may be used to enforce section 4025(1) of Public Law 108-458 if the Assistant Secretary (Transportation Security Administration) determines that butane lighters are not a significant threat to civil aviation security: Provided, That the Assistant Secretary (Transportation Security Administration) shall notify the Committees on Appropriations of the Senate and the House of Representatives 15 days in advance of such determination including a report on whether the effectiveness of screening operations is enhanced by suspending enforcement of the prohibition.
Sec. 530. Rescissions. Of the unobligated balances from prior year appropriations made available for Science and Technology, $55,000,000 for ``Management and Administration'' and $184,000,000 from ``Research, Development, Acquisition, and Operations'' are rescinded: Provided, That of the total amount rescinded from ``Management and Administration'',
$30,000,000 shall be from the contingency fund and
$25,000,000 shall be from the Homeland Security Institute.
Sec. 531. Notwithstanding any other provision of law, the Secretary of Homeland Security shall consider the Hancock County Port and Harbor Commission in Mississippi eligible under the Federal Emergency Management Agency Public Assistance Program for all costs incurred for dredging from navigation channel in Little Lake, Louisiana, sediment deposited as a result of Hurricane George in 1998: Provided, That the appropriate Federal share shall apply to approval of this project.
Sec. 532. The Department of Homeland Security shall, in approving standards for State and local emergency preparedness operational plans under section 613(b)(3) of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5196b(b)(3)), account for the needs of individuals with household pets and service animals before, during, and following a major disaster or emergency: Provided, That Federal agencies may provide assistance as described in section 403(a) of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry out the plans described in the previous proviso.
Sec. 533. Rescission. From the unexpended balances of the United States Coast Guard ``Acquisition, Construction, and Improvements'' account specifically identified in the Joint Explanatory Statement (House Report 109-241) accompanying the Department of Homeland Security Act, 2006 (Public Law 109-90) for the development of the Offshore Patrol Cutter,
$20,000,000 are rescinded.
Sec. 534. Transfer. All obligated and unobligated balances of funds, totaling not less than $98,552,000, for the Transportation Security Laboratory shall be transferred from the Science and Technology ``Research, Development, Acquisition, and Operations'' account to the Transportation Security Administration ``Transportation Security Support'' account effective October 1, 2006.
Sec. 535. (a)(1) Within 45 days after the close of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget execution report that sets forth the total obligational authority appropriated (new budget authority plus unobligated carryover), undistributed obligational authority, amount allotted, current year obligations, unobligated authority (the difference between total obligational authority and current year obligations), beginning unexpended obligations, year-to-date costs, and year-end unexpended obligations, of the Department of Homeland Security.
(2) The information required under paragraph (1) shall be provided for each Departmental component and the Working Capital Fund at the level of detail shown in the table of detailed funding recommendations displayed at the end of the Statement of Managers accompanying the conference report on this Act.
(3) Each report submitted under paragraph (1) shall include for each Department of Homeland Security component the total full-time equivalent for the prior fiscal year, the on-board total full-time equivalent on September 30 of the prior fiscal year, the estimated total full-time equivalent for the current fiscal year, and the on-board total full-time equivalent on the last day of the month for the applicable report.
(b) Obligation authority and transfer authority provided under section 503 and 504 of this Act shall not be available unless on the date of a notification under section 503 and 504, the Committees on Appropriations of the Senate and House of Representatives have received the most recent report required by subsection (a) of this section.
Sec. 536. None of the funds provided by this or previous appropriations Acts or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2007, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for the Office of the Federal Coordinator for Gulf Coast Rebuilding effective October 1, 2006, unless the Committees on Appropriations of the Senate and the House of Representatives receive a reprogramming notification for fiscal year 2006 pursuant to section 503 of Public Law 109-90 and a budget request and expenditure plan for fiscal year 2007 for this office.
Sec. 537. The Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 538. Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by striking from ``(1) Development of plan.--The Secretary'' through ``7208(k)).'' and inserting the following:
``(1) Development of plan and implementation.--
``(A) The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or combination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship, for all travel into the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later than 3 months after the Secretary of State and the Secretary of Homeland Security make the certifications required in subsection (B), or June 1, 2009, whichever is earlier. The plan shall seek to expedite the travel of frequent travelers, including those who reside in border communities, and in doing so, shall make readily available a registered traveler program (as described in section 7208(k)).
``(B) The Secretary of Homeland Security and the Secretary of State shall jointly certify to the Committees on Appropriations of the Senate and the House of Representatives that the following criteria have been met prior to implementation of Section 7209(b)(1)(A)--
``(i) the National Institutes of Standards and Technology has certified that the card architecture meets the International Organization for Standardization ISO 14443 security standards, or justifies a deviation from such standard;
``(ii) the technology to be used by the United States for the passport card, and any subsequent change to that technology, has been shared with the governments of Canada and Mexico;
``(iii) an agreement has been reached with the United States Postal Service on the fee to be charged individuals for the passport card, and a detailed justification has been submitted to the Committees on Appropriations of the Senate and the House of Representatives;
``(iv) an alternative procedure has been developed for groups of children traveling across an international border under adult supervision with parental consent;
``(v) the necessary technological infrastructure to process the passport cards has been installed, and all employees at ports of entry have been properly trained in the use of the new technology;
``(vi) the passport card has been made available for the purpose of international travel by United States citizens through land and sea ports of entry between the United States and Canada, Mexico, the Caribbean and Bermuda; and
``(vii) a single implementation date for sea and land borders has been established.''.
Sec. 539. Notwithstanding any time limitation established for a grant awarded under title I, chapter 6, Public Law 106-31, in the item relating to Federal Emergency Management Agency--Disaster Assistance for Unmet Needs, the City of Cuero, Texas, may use funds received under such grant program until September 30, 2007.
Sec. 540. None of the funds made available in this Act for United States Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Food, Drug, and Cosmetic Act.
Sec. 541. The Secretary of Homeland Security shall submit a report to the Committees on Appropriations of the Senate and the House of Representatives, not later than February 8, 2007, that--
(1) identifies activities being carried out by the Department of Homeland Security to improve--
(A) the targeting of agricultural inspections;
(B) the ability of United States Customs and Border Protection to adjust to new agricultural threats; and
(C) the in-service training for interception of prohibited plant and animal products and agricultural pests under the agriculture quarantine inspection monitoring program of the Animal and Plant Health Inspection Service; and
(2) describes the manner in which the Secretary of Homeland Security will coordinate with the Secretary of Agriculture and State and local governments in carrying out the activities described in paragraph (1).
Sec. 542. Any limitation, directive, or earmarking contained in either the House of Representatives or Senate report accompanying H.R. 5441 shall also be included in the conference report or joint statement accompanying H.R. 5441 in order to be considered as having been approved by both Houses of Congress.
Sec. 543. Any reports required in this Act and accompanying reports to be submitted to the Committees on Appropriations and the Department of Homeland Security's annual justifications of the President's budget request shall be posted on the Department of Homeland Security's public website not later than 48 hours after such submission unless information in the report compromises national security.
Sec. 544. Notwithstanding any other provision of this Act,
$1,000,000 shall be made available from appropriations for training, exercises, technical assistance, and other programs under paragraph (4) under the subheading ``state and local programs'' under the heading ``Office for Domestic Preparedness'' under title III, for the Chief Financial Officer of the Department of Homeland Security to ensure compliance with the Improper Payments Information Act of 2002
(31 U.S.C. 3321 note).
Sec. 545. None of the amounts available or otherwise available to the Coast Guard under title II of this Act under the heading ``United States Coast Guard'' under the heading
``operating expenses'' may be obligated or expended for the continuation of operations at Long Range Aids to Navigation
(LORAN) stations nationwide, except in Alaska, the far northwest, and the far northeast continental United States of America.
Sec. 546. No amount appropriated by this or any other Act may be used to enforce or comply with any statutory limitation on the number of employees in the Transportation Security Administration, before or after its transfer to the Department of Homeland Security from the Department of Transportation, and no amount appropriated by this or any other Act may be used to enforce or comply with any administrative rule or regulation imposing a limitation on the recruiting or hiring of personnel into the Transportation Security Administration to a maximum number of permanent positions, except to the extent that enforcement or compliance with that limitation does not prevent the Secretary of Homeland Security from recruiting and hiring such personnel into the Administration as may be necessary--
(1) to provide appropriate levels of aviation security; and
(2) to accomplish that goal in such a manner that the average aviation security-related delay experienced by airline passengers is reduced to a level of 10 minutes.
Sec. 547. Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committees on Appropriations of the Senate and the House of Representatives with an assessment of short-term (defined as within 2 years after the date of enactment of this Act), intermediate-term (defined as between 2 years and 4 years after such date of enactment), and long-term (defined as more than 4 years after such date of enactment) actions necessary for the Department of Homeland Security to take in order to assist Federal, State, and local governments achieve communications interoperability, including equipment acquisition, changes in governance structure, and training.
Sec. 548. (a) Section 114 of title 49, United States Code, is amended by striking subsection (o) and redesignating subsections (p) through (t) as subsections (o) through (s), respectively.
(b) The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
Sec. 549. Data-Mining. (a) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or search or other analysis of 1 or more electronic databases, whereas--
(A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement;
(B) a department or agency of the Federal Government or a non-Federal entity acting on behalf of the Federal Government is conducting the query or search or other analysis to find a predictive pattern indicating terrorist or criminal activity; and
(C) the search does not use a specific individual's personal identifiers to acquire information concerning that individual.
(2) Database.--The term ``database'' does not include telephone directories, news reporting, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions.
(b) Reports on Data-Mining Activities by the Department of Homeland Security.--
(1) Requirement for report.--The head of each department or agency in the Department of Homeland Security that is engaged in any activity to use or develop data-mining technology shall each submit a report to Congress on all such activities of the agency under the jurisdiction of that official. The report shall be made available to the public.
(2) Content of report.--Each report submitted under paragraph (1) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information:
(A) A thorough description of the data-mining technology and the data that is being or will be used.
(B) A thorough description of the goals and plans for the use or development of such technology and, where appropriate, the target dates for the deployment of the data-mining technology.
(C) An assessment of the efficacy or likely efficacy of the data-mining technology in providing accurate information consistent with and valuable to the stated goals and plans for the use or development of the technology.
(D) An assessment of the impact or likely impact of the implementation of the data-mining technology on the privacy and civil liberties of individuals.
(E) A list and analysis of the laws and regulations that govern the information being or to be collected, reviewed, gathered, analyzed, or used with the data-mining technology.
(F) A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such technology for data-mining in order to--
(i) protect the privacy and due process rights of individuals; and
(ii) ensure that only accurate information is collected, reviewed, gathered, analyzed, or used.
(G) Any necessary classified information in an annex that shall be available to the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
(3) Time for report.--Each report required under paragraph
(1) shall be submitted not later than 90 days after the end of fiscal year 2007.
Sec. 550. (a) Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall hereafter issue interim final regulations that establish homeland security requirements, including minimum standards and required submission of facility security plans to the Secretary, for chemical facilities that the Secretary determines present the greatest security risk and that are not currently regulated under Federal law for homeland security purposes.
(b) Interim regulations under this section shall apply to a chemical facility until the effective date of final regulations issued under other laws by the Secretary, that establish requirements and standards referred to in subsection (a) that apply with respect to that facility.
(c) Any person that violates an interim regulation issued under this section shall be liable for a civil penalty under section 70117 of title 46, United States Code.
Sec. 551. Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall establish and conduct a pilot program at the Northern Border Air Wing bases of the Office of CBP Air and Marine, United States Customs and Border Protection, working expeditiously with the Administrator of the Federal Aviation Administration to test unmanned aerial vehicles for border surveillance along the international marine and land border between Canada and the United States.
Sec. 552. Not later than February 8, 2007, the Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security shall submit a report to Congress on the costs and need for establishing a sub-office in Greeley, Colorado.
Sec. 553. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on the feasibility and advisability of locating existing Louisiana facilities and assets of the Coast Guard in the Federal City Project of New Orleans, Louisiana, as described in the report of the Defense Base Closure and Realignment Commission submitted to the President in 2005 during the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
Sec. 554. Notwithstanding any other provision of this Act, funding made available under title VII, under the heading United states coast guard acquisition, construction, and improvements may be used to acquire law enforcement patrol boats.
Sec. 555. Screening of Municipal Solid Waste. (a) Definitions.--In this section:
(1) Bureau.--The term `` Bureau'' means the Bureau of Customs and Border Protection.
(2) Commercial motor vehicle.--The term ``commercial motor vehicle'' has the meaning given the term in section 31101 of title 49, United States Code.
(3) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau.
(4) Municipal solid waste.--The term ``municipal solid waste'' includes sludge (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)).
(b) Reports to Congress.--Not later than 90 days after the date of enactment of this Act, the Commissioner shall submit to Congress a report that--
(1) indicates whether the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for those materials in other items of commerce entering the United States through commercial motor vehicle transport; and
(2) if the report indicates that the methodologies and technologies used to screen municipal solid waste are less effective than those used to screen other items of commerce, identifies the actions that the Bureau will take to achieve the same level of effectiveness in the screening of municipal solid waste, including actions necessary to meet the need for additional screening technologies.
(c) Impact on Commercial Motor Vehicles.--If the Commissioner fails to fully implement an action identified under subsection (b)(2) before the earlier of the date that is 180 days after the date on which the report under subsection (b) is required to be submitted or the date that is 180 days after the date on which the report is submitted, the Secretary shall deny entry into the United States of any commercial motor vehicle carrying municipal solid waste until the Secretary certifies to Congress that the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for those materials in other items of commerce entering into the United States through commercial motor vehicle transport.
Sec. 556. (a) Construction of Border Tunnel or Passage.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 554. Border tunnels and passages
``(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by the Bureau of Immigration and Customs Enforcement, shall be fined under this title and imprisoned for not more than 20 years.
``(b) Any person who knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be fined under this title and imprisoned for not more than 10 years.
``(c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 2339B(g)(6)) shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.''.
(b) Clerical Amendment.--The table of sections for chapter 27 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 554. Border tunnels and passages.''.
(c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United States Code, is amended by inserting ``554,'' before
``1425,''.
(d) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of offenses described in section 554 of title 18, United States Code, as added by subsection (a).
(2) Requirements.--In carrying out this subsection, the United States Sentencing Commission shall--
(A) ensure that the sentencing guidelines, policy statements, and official commentary reflect the serious nature of the offenses described in section 554 of title 18, United States Code, and the need for aggressive and appropriate law enforcement action to prevent such offenses;
(B) provide adequate base offense levels for offenses under such section;
(C) account for any aggravating or mitigating circumstances that might justify exceptions, including--
(i) the use of a tunnel or passage described in subsection
(a) of such section to facilitate other felonies; and
(ii) the circumstances for which the sentencing guidelines currently provide applicable sentencing enhancements;
(D) ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes;
(E) make any necessary and conforming changes to the sentencing guidelines and policy statements; and
(F) ensure that the sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.
Sec. 557. Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide personnel and equipment to improve national security by inspecting international shipments of municipal solid waste, and shall levy a fee limited to the approximate cost of such inspections.
Sec. 558. (a) Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of State, the Federal Communications Commission, and relevant agencies in the States of Alaska, Idaho, Montana, Oregon, and Washington, shall--
(1) evaluate the technical and operational challenges with respect to interoperable communications facing regional, local, State, and Federal authorities in preparing for the 2010 Olympics; and
(2) develop an integrated plan for addressing such technical and operational challenges.
(b) The Secretary of Homeland Security shall submit and present the plan developed under subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
Sec. 559. The Secretary of Homeland Security may not take any action to alter or reduce operations within the Civil Engineering Program of the Coast Guard nationwide, including the civil engineering units, facilities, and design and construction centers, the Coast Guard Academy, and the Research and Development Center until the Committees on Appropriations and Commerce, Science, and Transportation of the Senate receive and approve a plan on changes to the Civil Engineering Program of the Coast Guard. The plan shall include a description of the current functions of the Civil Engineering Program and a description of any proposed modifications of such functions and of any proposed modification of personnel and offices, including the rationale for such modification, an assessment of the costs and benefits of such modification, any proposed alternatives to such modification, and the processes utilized by the Coast Guard and the Office of Management and Budget to analyze and assess such modification.
Sec. 560. (a) All amounts made available under this Act for travel and transportation shall be reduced by $43,000,000.
(b) All amounts made available under this Act for printing and reproduction shall be reduced by $1,000,000.
Sec. 561. None of the funds made available by this Act may be used to take an action that would violate Executive Order 13149 (65 Fed. Reg. 24607; relating to greening the government through Federal fleet and transportation efficiency).
Sec. 562. (a) The Transportation Security Administration shall require each air carrier and foreign air carrier that provides air transportation or intrastate air transportation to submit plans to the Transportation Security Administration on how such air carrier will participate in the voluntary provision of emergency services program established by section 44944(a) of title 49, United States Code.
(b)(1) Not more than 90 days after the date of the enactment of this Act, the Transportation Security Administration shall prepare a report that contains the following:
(A) Procedures that qualified individuals need to follow in order to participate in the program described in subsection
(a).
(B) Relevant contacts for individuals interested in participating in the program described in subsection (a).
(2) The Transportation Security Administration shall make the report required by paragraph (1) available, by Internet web site or other appropriate method, to the following:
(A) The Congress.
(B) The emergency response agency of each State.
(C) The relevant organizations representing individuals to participate in the program.
Sec. 563. Not later than 90 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency in conjunction with the Director of the National Institutes of Standards and Technology shall submit a report to the Senate Committee on Appropriations outlining Federal earthquake response plans for high-risk earthquake regions in the United States as determined by the United States Geological Survey.
Sec. 564. Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall establish revised procedures for expeditiously clearing individuals whose names have been mistakenly placed on a terrorist database list or who have names identical or similar to individuals on a terrorist database list. The Secretary shall advise Congress of the procedures established.
Sec. 565. Of the amount appropriated or otherwise made available by title II of this Act under the heading ``United States Coast Guard'', ``operating expenses'', $13,934,000 may be available for the purpose of the National Capital Region Air Defense mission of the Coast Guard.
Sec. 566. (a) The Congress makes the following findings:
(1) Domestic methamphetamine production in both small-and large-scale laboratories is decreasing as a result of law enforcement pressure and public awareness campaigns.
(2) It is now estimated that 80 percent of methamphetamine consumed in the United States originates in Mexico and is smuggled into the United States.
(3) The movement of methamphetamine into the United States poses new law enforcement challenges at the border, in the financial system, and in communities affected by methamphetamine.
(4) Customs and Border Protection is working to stop the spread of methamphetamine by examining the movement of the drug and its precursors at the borders and points of entry.
(5) Customs and Border Protection is a vital source of information for the Drug Enforcement Administration and other law enforcement agencies.
(b) It is the sense of the Senate that Customs and Border Protection should continue to focus on methamphetamine in its reporting and analysis of trade flows to prevent the spread of methamphetamine throughout the United States.
Sec. 567. Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Appropriations a report addressing the compliance by the Department of Homeland Security with the recommendations set forth in the July 6, 2006, Inspector General of Homeland Security report entitled
``Progress in Developing the National Asset Database''. The report shall include the status of the prioritization of assets by the Department of Homeland Security into high-value, medium-value, and low-value asset tiers, and how such tiers will be used by the Secretary of Homeland Security in the issuance of grant funds.
Sec. 568. (a) Not later than 60 days after the initiation of any contract relating to the Secure Border Initiative that is valued at more than $20,000,000, and upon the conclusion of the performance of such contract, the Inspector General of the Department of Homeland Security shall review each action relating to such contract to determine whether such action fully complies with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority-owned, and women-owned businesses, and time lines.
(b) If a contract review under subsection (a) uncovers information regarding improper conduct or wrongdoing, the Inspector General shall, as expeditiously as practicable, submit such information to the Secretary of Homeland Security, or to another appropriate official of the Department of Homeland Security, who shall determine if the contractor should be suspended from further participation in the Secure Border Initiative.
(c) Upon the completion of each review under subsection
(a), the Inspector General shall submit a report to the Secretary that contains the findings of the review, including findings regarding--
(1) cost overruns;
(2) significant delays in contract execution;
(3) lack of rigorous departmental contract management;
(4) insufficient departmental financial oversight;
(5) contract bundling that limits the ability of small businesses to compete; or
(6) other high risk business practices.
(d)(1) Not later than 30 days after the receipt of each report submitted under subsection (c), the Secretary shall submit a report to the congressional committees listed in paragraph (3) that describes--
(A) the findings of the report received from the Inspector General; and
(B) the steps the Secretary has taken, or plans to take, to address the problems identified in the report.
(2) Not later than 60 days after the initiation of each contract action with a company whose headquarters is outside of the United States, the Secretary shall submit a report regarding the Secure Border Initiative to the congressional committees listed in paragraph (3).
(3) The congressional committees listed in this paragraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Appropriations of the House of Representatives;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on the Judiciary of the House of Representatives;
(E) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(F) the Committee on Homeland Security of the House of Representatives.
Sec. 569. Of the amount appropriated by title VI for Customs and Border Protection for Air and Marine Interdiction, Operations, Maintenance, and Procurement, such funds as are necessary may be available for the establishment of the final Northern border air wing site in Michigan.
Sec. 570. None of the funds appropriated by this Act shall be used for the seizure of a firearm based on the existence of a declaration or state of emergency.
Sec. 571. Pilot Integrated Scanning System. (a) Designations.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security
(referred to in this section as the ``Secretary'') shall designate 3 foreign seaports through which containers pass or are transshipped to the United States to pilot an integrated scanning system that couples nonintrusive imaging equipment and radiation detection equipment, which may be provided by the Megaports Initiative of the Department of Energy. In making designations under this subsection, the Secretary shall consider 3 distinct ports with unique features and differing levels of trade volume.
(2) Collaboration and cooperation.--The Secretary shall collaborate with the Secretary of Energy and cooperate with the private sector and host foreign government to implement the pilot program under this subsection.
(b) Implementation.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall achieve a full-scale implementation of the pilot integrated screening system, which shall--
(1) scan all containers destined for the United States that transit through the terminal;
(2) electronically transmit the images and information to the container security initiative personnel in the host country and/or Customs and Border Protection personnel in the United States for evaluation and analysis;
(3) resolve every radiation alarm according to established Department procedures;
(4) utilize the information collected to enhance the Automated Targeting System or other relevant programs; and
(5) store the information for later retrieval and analysis.
(c) Report.--Not later than 120 days after achieving full-scale implementation under subsection (b), the Secretary, in consultation with the Secretary of Energy and the Secretary of State, shall submit a report, to the appropriate congressional committees, that includes--
(1) an evaluation of the lessons derived from the pilot program implemented under this section;
(2) an analysis of the efficacy of the Automated Targeted System or other relevant programs in utilizing the images captured to examine high-risk containers;
(3) an evaluation of software that is capable of automatically identifying potential anomalies in scanned containers; and
(4) a plan and schedule to expand the integrated scanning system developed under this section to other container security initiative ports.
(d) Implementation.--As soon as practicable and possible after the date of enactment of this Act, an integrated scanning system shall be implemented to scan all containers entering the United States prior to arrival in the United States.
Sec. 572. Expansion of the National Infrastructure Simulation and Analysis Center.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
(2) Emergency and major disaster.--The terms ``emergency'' and ``major disaster'' have the meanings given the terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) National infrastructure simulation and analysis center.--The term ``National Infrastructure Simulation and Analysis Center'' means the National Infrastructure Simulation and Analysis Center established under section 1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
(4) Protect.--The term ``protect'' means to reduce the vulnerability of critical infrastructure in order to deter, mitigate, or neutralize an emergency, natural disaster, terrorist attack, or other catastrophic event.
(b) Authority.--
(1) In general.--The National Infrastructure Simulation and Analysis Center shall serve as a source of national competence to address critical infrastructure protection and continuity through support for activities related to--
(A) counterterrorism, threat assessment, and risk mitigation; and
(B) an emergency, natural disaster, terrorist attack, or other catastrophic event.
(2) Infrastructure modeling.--
(A) Particular support.--The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems comprising critical infrastructure, in order to enhance critical infrastructure preparedness, protection, response, and recovery activities.
(B) Relationship with other agencies.--Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall establish a formal relationship, including an agreement regarding information sharing, between the elements of such agency or department and the National Infrastructure Simulation and Analysis Center.
(C) Purpose.--
(i) In general.--The purpose of the relationship under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph (B) to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center consistent with its workload capacity and priorities (particularly vulnerability and consequence analysis) for real-time response to reported and projected emergencies, natural disasters, terrorist attacks, or other catastrophic events.
(ii) Recipient of certain support.--Modeling, simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies and departments, including Federal agencies and departments with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive.
Sec. 573. Notwithstanding any other provisions of law, the Secretary of Homeland Security shall consult with National Council on Radiation Protection and Measurements (in this section referred to as the ``NCRP'') and other qualified organizations and government organizations in preparing guidance and recommendations for emergency responders, to assist recovery operations, and to protect the general public with respect to radiological terrorism, threats, and events.
Sec. 574. The Comptroller General shall provide a report to the Senate and House Committees on Appropriations no later than thirty days after enactment describing the impact on public safety and on the effectiveness of screening operations resulting from the modification of the list of items prohibited from being carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation set forth in section 1540 of title 49, Code of Federal Regulations, as of December 1, 2005, to be carried aboard a passenger aircraft.
TITLE VI
BORDER SECURITY INFRASTRUCTURE ENHANCEMENTS
Sec. 601. (a) Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust fees charged by the Department against any non-United States citizen by notice in the Federal Register no later than January 1, 2007, to achieve not less than $350,000,000 in additional receipts by September 30, 2007: Provided, That the Secretary may adjust only those fees authorized under the Immigration and Nationality Act and the Illegal Immigration Reform and Immigrant Responsibility Act: Provided further, That this adjustment shall be in addition to fees authorized under 8 United States Code 1356.
(b) Amounts collected under subsection (a) shall be deposited in the accounts as provided by 8 United States Code 1356: Provided, That of the total amount collected pursuant to subsection (a) the Secretary shall transfer the following amounts:
(1) $25,000,000 to Customs and Border Protection ``Salaries and Expenses'' for vehicle replacement;
(2) $105,000,000 to Customs and Border Protection ``Air and Marine Interdiction, Operations, Maintenance, and Procurement'' for air asset replacement and air operations facilities upgrades;
(3) $90,000,000 to Customs and Border Protection
``Construction'';
(4) $30,000,000 to Immigration and Customs Enforcement
``Salaries and Expenses'' for vehicle replacement; and,
(5) $15,000,000 to Immigration and Customs Enforcement
``Automation Modernization''.
(c) Of the total amount collected pursuant to subsection
(a) $85,000,000 shall be made available to United States Citizenship and Immigration Services: Provided, That of the additional amount available, $47,000,000 shall be for Business Transformation and $38,000,000 shall be for Fraud Detection and National Security initiatives.
(d) Amounts deposited under paragraph (b) shall remain available until expended for the activities and services described in paragraphs (b) and (c).
TITLE VII
SUPPLEMENTAL APPROPRIATIONS FOR PORT SECURITY ENHANCEMENTS
The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to enhance port security for the fiscal year ending September 30, 2006, and for other purposes, namely:
Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$251,000,000, to remain available until expended.
United States Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'',
$23,000,000, to remain available until expended: Provided, That funding is available to accelerate foreign port security assessments, conduct domestic port vulnerability assessments, and perform unscheduled security audits of facilities regulated by chapter 701 of title 46, United States Code, commonly known as the Maritime Transportation Security Act of 2002.
Acquisition, Construction, and Improvements
For an additional amount for ``Acquisition, Construction, and Improvements'' for acquisition, construction, renovation, and improvement of vessels, aircraft, and equipment,
$184,000,000 for the Integrated Deepwater Systems program, to remain available until expended: Provided, That funding is available to acquire maritime patrol aircraft and parent craft patrol boats, to provide armed helicopter capability, and to sustain the medium endurance cutter fleet.
Office for Domestic Preparedness
state and local programs
For an additional amount for ``State and Local Programs'',
$190,000,000 to remain available until September 30, 2007: Provided, That the entire amount shall be for port security grants pursuant to the purposes of subsection (a) through (h) of section 70107 of title 46, United States Code, which shall be awarded based on risk notwithstanding subsection (a), for eligible costs as defined in paragraphs (2), (3), and (4) of subsection (b).
TITLE VIII
UNITED STATES EMERGENCY MANAGEMENT AUTHORITY
Sec. 801. Short Title.
This title may be cited as the ``United States Emergency Management Authority Act of 2006''.
Sec. 802. United States Emergency Management Authority.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended--
(1) by striking the title heading and inserting the following:
``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE'';
(2) by striking sections 501 through 503;
(3) by striking sections 506 and 507;
(4) by redesignating sections 504, 505, 508, and 509 as sections 521, 522, 523, and 524, respectively;
(5) by redesignating section 510 (relating to procurement of security countermeasures for the strategic national stockpile) as section 525;
(6) by redesignating section 510 (relating to urban and other high risk area communications capabilities) as section 526; and
(7) by inserting before section 521, as so redesignated by this section, the following:
``SEC. 501. DEFINITIONS.
``In this title--
``(1) the term `all-hazards-plus' means an approach to preparedness, response, recovery, and mitigation that emphasizes the development of capabilities that are common to natural and man-made disasters, while also including the development of capabilities that are uniquely relevant to specific types of disasters;
``(2) the term `Authority' means the United States Emergency Management Authority established under section 502;
``(3) the term `Administrator' means the Administrator of the Authority;
``(4) the term `Federal coordinating officer' means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143);
``(5) the term `National Advisory Council' means the National Advisory Council on Emergency Preparedness and Response established under section 508;
``(6) the term `National Incident Management System' means the National Incident Management System as described in the National Response Plan;
``(7) the term `National Response Plan' means the National Response Plan prepared under Homeland Security Presidential Directive 5 or any presidential directive meant to replace or augment that directive;
``(8) the term `Nuclear Incident Response Team' means a resource that includes--
``(A) those entities of the Department of Energy that perform nuclear or radiological emergency support functions
(including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and
``(B) those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions;
``(9) the term `Regional Advisory Council' means a Regional Advisory Council on Preparedness and Response established under section 503;
``(10) the term `Regional Administrator' means a Regional Administrator for Preparedness and Response appointed under section 507;
``(11) the term `Regional Office' means a Regional Office established under section 507; and
``(12) the term `surge capacity' means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing, including disaster assistance employees, and other resources necessary to save lives and protect property during a catastrophic incident, or other natural or man-made disaster.
``SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.
``(a) In General.--There is established in the Department the United States Emergency Management Authority, headed by an Administrator.
``(b) Mission.--The mission of the Authority is to--
``(1) lead the Nation's efforts to prepare for, respond to, recover from, and mitigate the risks of natural and man-made disasters, including catastrophic incidents;
``(2) partner with State and local governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation's resources to respond to a catastrophic incident or other natural or man-made disaster;
``(3) develop a Federal response capability that, when necessary and appropriate, can act effectively, rapidly, and proactively to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural or man-made disaster;
``(4) fuse the Department's emergency response, preparedness, recovery, mitigation, and critical infrastructure assets into a new, integrated organization that can effectively confront the challenges of a natural or man-made disaster;
``(5) develop and maintain robust Regional Offices that will work with State and local governments and emergency response providers to identify and address regional priorities;
``(6) under the leadership of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department that can be brought to bear in preparing for and responding to a natural or man-made disaster;
``(7) carry out the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
``(8) provide funding, training, exercises, technical assistance, planning, and other assistance, to build local, State, regional, and national capabilities, including communications capabilities, necessary to respond to a potential natural or man-made disaster;
``(9) implement an all-hazards-plus strategy for preparedness that places priority on building those common capabilities necessary to respond to both terrorist attacks and natural disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation; and
``(10) promote, plan for, and facilitate the security and resiliency of critical infrastructure and key resources, including cyber infrastructure, against a natural or man-made disaster, and the post-disaster restoration of such critical infrastructure and key resources.
``(c) Administrator.--
``(1) In general.--The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
``(2) Qualifications.--The Administrator shall have not less than 5 years of executive leadership and management experience in the public or private sector, significant experience in crisis management or another relevant field, and a demonstrated ability to manage a substantial staff and budget.
``(3) Reporting.--The Administrator shall report to the Secretary, without being required to report through any other official of the Department.
``(4) Principal advisor on emergency preparedness and response.--
``(A) In general.--The Administrator is the principal emergency preparedness and response advisor to the President, the Homeland Security Council, and the Secretary.
``(B) Advice and recommendations.--
``(i) In general.--In presenting advice with respect to any matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator considers appropriate, inform the President, the Homeland Security Council, or the Secretary, as the case may be, of the range of emergency mitigation, preparedness, response, and recovery options with respect to that matter.
``(ii) Advice on request.--The Administrator, as an emergency preparedness and response advisor, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice.
``(iii) Recommendations to congress.--After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency preparedness and response as the Administrator considers appropriate.
``(C) Retention of authority.--Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this Act.
``SEC. 503. AUTHORITIES AND RESPONSIBILITIES.
``(a) In General.--The Administrator shall provide Federal leadership necessary to prepare for and respond to a natural or man-made disaster, including--
``(1) carrying out the mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency preparedness and response program of--
``(A) mitigation, by taking sustained actions to reduce or eliminate long-term risk to people and property from hazards and their effects;
``(B) preparedness, by planning, training, and building the emergency preparedness and response workforce to prepare effectively for, mitigate against, respond to, and recover from any hazard;
``(C) response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services;
``(D) recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; and
``(E) critical infrastructure protection, by establishing an inventory of, and protections for, public and private sector critical infrastructure, including cyber and communications assets;
``(2) increasing efficiencies, by coordinating efforts relating to mitigation, preparedness, response, recovery, and infrastructure protection;
``(3) helping to ensure the effectiveness of emergency response providers in responding to a natural or man-made disaster;
``(4) providing the Federal Government's response to a natural or man-made disaster, including--
``(A) managing such response;
``(B) directing the Domestic Emergency Support Team, the National Disaster Medical System, and (when operating as an organizational unit of the Department under this title) the Nuclear Incident Response Team;
``(C) overseeing the Metropolitan Medical Response System; and
``(D) coordinating other Federal response resources, including requiring deployment of the Strategic National Stockpile, in the event of a natural or man-made disaster;
``(5) working with Federal, State, and local government personnel, agencies, and authorities to build a comprehensive national incident management system to respond to a natural or man-made disaster;
``(6) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational unit of the Department under this title)--
``(A) establishing standards and certifying when those standards have been met;
``(B) conducting joint and other exercises and training and evaluating performance; and
``(C) providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and training, and equipment;
``(7) helping to ensure that emergency response providers acquire interoperable and sustainable technology;
``(8) assisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
``(9) administering homeland security emergency management, first responder, and other preparedness grants;
``(10) administering and implementing the National Response Plan, including monitoring, evaluating, and ensuring the readiness of each emergency support function under the National Response Plan;
``(11) coordinating with the National Advisory Council;
``(12) ensuring the protection of critical infrastructure by--
``(A) carrying out the responsibilities under paragraphs
(2) through (6) of section 201(d);
``(B) helping ensure the protection and resiliency of key resources and critical infrastructure, including cyber infrastructure, against a natural or man-made disaster; and
``(C) planning for, assisting with, and facilitating, the restoration of key resources and critical infrastructure, including cyber infrastructure, in the event of a natural or man-made disaster;
``(13) establishing in each Regional Office a Regional Advisory Council on Preparedness and Response, to advise the Regional Administrator of that Regional Office on emergency preparedness and response issues specific to the region; and
``(14) otherwise carrying out the mission of the Authority as described in section 502(b).
``(b) Additional Responsibilities Related to Catastrophic Incidents.--
``(1) In general.--The Administrator, in consultation with the Secretary and other senior Department officials, shall develop a national emergency management system that is capable of responding to catastrophic incidents.
``(2) Identification of resources.--
``(A) In general.--The Administrator shall develop and submit to Congress annually an estimate of the resources of the Authority and other Federal agencies needed for and devoted specifically to developing local, State, and national capabilities necessary to respond to a catastrophic incident.
``(B) Contents.--Each estimate under subparagraph (A) shall include the resources both necessary for and devoted to--
``(i) planning;
``(ii) training and exercises;
``(iii) Regional Office enhancements;
``(iv) staffing, including for surge capacity during a catastrophic event;
``(v) additional logistics capabilities;
``(vi) other responsibilities under the Catastrophic Incident Annex of the Catastrophic Incident Supplement of the National Response Plan; and
``(vii) State and local catastrophic preparedness.
``(c) All-Hazards-Plus Approach.--In carrying out this section, the Administrator shall implement an all-hazards-plus strategy that places priority on building those common capabilities necessary to prepare for, respond to, recover from, and mitigate the risks of terrorist attacks and natural disasters, while also building the unique capabilities necessary to prepare for, respond to, recover from, and mitigate the risks of specific types of incidents that pose the greatest risk to the Nation.
``SEC. 504. AUTHORITY COMPONENTS.
``There are transferred to the Authority the following:
``(1) Except as provided in title III of the Department of Homeland Security Appropriations Act, 2007, regarding the transfer of the National Disaster Medical System, the Federal Emergency Management Agency, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto.
``(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel assets, components, and liabilities, and including the functions of the Under Secretary for Preparedness relating to the Directorate, as constituted on that date.
``SEC. 505. PRESERVING THE UNITED STATES EMERGENCY MANAGEMENT
AUTHORITY.
``(a) Distinct Entity.--The Authority shall be maintained as a distinct entity within the Department.
``(b) Reorganization.--Section 872 shall not apply to the Authority, including any function or organizational unit of the Authority.
``(c) Prohibition on Changes to Missions.--
``(1) In general.--The Secretary may not substantially or significantly reduce the authorities, responsibilities, or functions of the Authority or the capability of the Authority to perform those responsibilities, except as otherwise specifically provided in an Act enacted after the date of enactment of the United States Emergency Management Authority Act of 2006.
``(2) Certain transfers prohibited.--No asset, function or mission of the Authority may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the capability of the Authority to perform its missions.
``SEC. 506. DIRECTORS.
``(a) In General.--There shall be in the Authority a Director for Preparedness and a Director for Response and Recovery, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall report to the Administrator.
``(b) Qualifications.--
``(1) In general.--A Director shall have--
``(A) not less than 5 years of--
``(i) executive leadership and management experience in the public or private sector; and
``(ii) significant experience in crisis management or another relevant field; and
``(B) a demonstrated ability to manage a substantial staff and budget.
``(2) Concurrent experience.--Service during any period of time may be used in meeting the requirements under both clause (i) and (ii) of paragraph (1)(A).
``(c) Initial Directors.--The individual serving as the Under Secretary for Preparedness and the individual serving as the Under Secretary for the Federal Emergency Management Agency on the effective date of the United States Emergency Management Authority Act of 2006, may serve as the Director for Preparedness and the Director of Response and Recovery, respectively, until a Director for Preparedness or a Director of Response and Recovery, as the case may be, is appointed under subsection (a).
``SEC. 507. REGIONAL OFFICES.
``(a) In General.--
``(1) Regional offices.--The Administrator shall establish 10 Regional Offices of the Authority.
``(2) Additional office.--In addition to the Regional Offices established under paragraph (1), the Administrator may designate the Office for National Capital Region Coordination under section 882 as a Regional Office.
``(b) Management of Regional Offices.--
``(1) Regional administrator.--Each Regional Office shall be headed by a Regional Administrator for Preparedness and Response, who shall be appointed by the Administrator. Each Regional Administrator for Emergency Preparedness and Response shall report directly to the Administrator.
``(2) Qualifications.--Each Regional Office shall be headed by an individual in the Senior Executive Service qualified to act as a senior Federal coordinating officer to provide strategic oversight of incident management when needed.
``(c) Responsibilities.--
``(1) In general.--The Regional Administrator shall work in partnership with State and local governments, emergency managers, emergency response providers, medical providers, the private sector, nongovernmental organizations, multijurisdictional councils of governments, and regional planning commissions and organizations in the geographical area served by the Regional Office to carry out the responsibilities of a Regional Administrator under this section.
``(2) Responsibilities.--The responsibilities of a Regional Administrator include--
``(A) ensuring effective, coordinated, and integrated regional preparedness, mitigation, response, and recovery activities and programs for natural and man-made disasters
(including planning, training, exercises, and professional development);
``(B) coordinating and integrating regional preparedness, mitigation, response, and recovery activities and programs for natural and man-made disasters (including planning, training, exercises, and professional development), which shall include--
``(i) providing regional and interstate planning assistance;
``(ii) organizing, in consultation with the Administrator, regional training and exercise programs;
``(iii) providing support and coordination officers for State and local government training and exercises;
``(iv) participating in emergency preparedness and planning activities by State, regional, and local governments;
``(v) assisting in the development of regional capabilities needed for a national catastrophic response system; and
``(vi) helping to coordinate and develop interstate agreements;
``(C) establishing and overseeing 1 or more strike teams within the region under subsection (e), which shall serve as the focal point of the Federal Government's initial response efforts for a natural or man-made disaster within that region, and otherwise building Federal response capabilities to respond to a natural or man-made disaster within that region;
``(D) working with the private sector to assess weaknesses in critical infrastructure protection in the region and to design and implement programs to address those weaknesses;
``(E) coordinating all activities conducted under this section with other Federal departments and agencies; and
``(F) performing such other duties relating to such responsibilities as the Administrator may require.
``(d) Area Offices.--The Administrator shall establish an Area Office for the Pacific and an Area Office for the Caribbean, as components in the appropriate Regional Offices.
``(e) Regional Office Strike Teams.--
``(1) Establishment.--In coordination with other relevant Federal agencies, each Regional Administrator shall establish multi-agency strike teams that shall consist of--
``(A) a designated Federal coordinating officer;
``(B) personnel trained in incident management;
``(C) public affairs, response and recovery, and communications support personnel;
``(D) a defense coordinating officer;
``(E) liaisons to other Federal agencies;
``(F) such other personnel as the Administrator or Regional Administrator determines appropriate; and
``(G) individuals from the agencies with primary responsibility for each of the emergency support functions in the National Response Plan, including the following:
``(i) Transportation.
``(ii) Communications.
``(iii) Public works and engineering.
``(iv) Emergency management.
``(v) Mass care.
``(vi) Housing and human services.
``(vii) Public health and medical services.
``(viii) Urban search and rescue.
``(ix) Public safety and security.
``(x) External affairs.
``(2) Location of members.--The members of each Regional Office strike team, including representatives from agencies other than the Department, shall be based primarily at the Regional Office that corresponds to that strike team.
``(3) Coordination.--Each Regional Office strike team shall coordinate the training and exercises of that strike team with the State and local governments and private sector and nongovernmental entities which the strike team shall support when a natural or man-made disaster occurs.
``(4) Preparedness.--Each Regional Office strike team shall be trained, equipped, and staffed to be well prepared to respond to natural and man-made disasters, including catastrophic incidents.
``(5) Authorization of appropriations.--There are authorized to be appropriated such sums as necessary to carry out this subsection.
``SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY
PREPAREDNESS AND RESPONSE.
``(a) Establishment.--Not later than 60 days after the date of enactment of the United States Emergency Management Authority Act of 2006, the Secretary shall establish an advisory body under section 871(a), to be known as the National Advisory Council on Emergency Preparedness and Response.
``(b) Responsibilities.--The National Advisory Council shall advise the Administrator on all aspects of emergency preparedness and response.
``(c) Membership.--
``(1) In general.--The members of the National Advisory Council shall be appointed by the Administrator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of State and local government officials and emergency managers, and emergency response providers, from State and local governments, the private sector, and nongovernmental organizations, including as appropriate--
``(A) members selected from the emergency preparedness and response fields, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency preparedness and response personnel;
``(B) health scientists, emergency and inpatient medical providers, and public health professionals;
``(C) experts representing standards setting organizations;
``(D) State and local government officials with expertise in terrorism preparedness and emergency preparedness and response;
``(E) elected State and local government executives;
``(F) experts in public and private sector infrastructure protection, cybersecurity, and communications;
``(G) representatives of the disabled and other special needs populations; and
``(H) such other individuals as the Administrator determines to be appropriate.
``(d) Applicability of Federal Advisory Committee Act.--
``(1) In general.--Notwithstanding section 871(a) and subject to paragraph (2), the Federal Advisory Committee Act
(5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United States Code, shall apply to the Advisory Council.
``(2) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council.
``SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM INTEGRATION
CENTER.
``(a) In General.--There is in the Authority a National Incident Management System Integration Center.
``(b) Responsibilities.--
``(1) In general.--The Administrator, through the National Incident Management System Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance of the National Incident Management System, the National Response Plan, any other document or tool in support of Homeland Security Presidential Directive 5, or any other Homeland Security Presidential Directive relating to incident management and response.
``(2) Specific responsibilities.--The National Incident Management System Integration Center shall--
``(A) periodically review, and revise, as appropriate, the National Incident Management System and the National Response Plan;
``(B) review other matters relating to the National Incident Management System and the National Response Plan, as the Administrator may require;
``(C) develop and implement a national program for National Incident Management System and National Response Plan education and awareness;
``(D) oversee all aspects of the National Incident Management System, including the development of compliance criteria and implementation activities at Federal, State, and local government levels;
``(E) provide guidance and assistance to States and local governments and emergency response providers, in adopting the National Incident Management System; and
``(F) perform such other duties relating to such responsibilities as the Administrator may require.
``SEC. 510. NATIONAL OPERATIONS CENTER.
``(a) Definition.--In this section, the term `situational awareness' means information gathered from a variety of sources that, when communicated to emergency preparedness and response managers and decision makers, can form the basis for incident management decisionmaking.
``(b) Establishment.--There is established in the Department a National Operations Center.
``(c) Purpose.--The purposes of the National Operations Center are to--
``(1) coordinate the national response to any natural or man-made disaster, as determined by the Secretary;
``(2) provide situational awareness and a common operating picture for the entire Federal Government, and for State and local governments as appropriate, for an event described in paragraph (1);
``(3) collect and analyze information to help deter, detect, and prevent terrorist acts;
``(4) disseminate terrorism and disaster-related information to Federal, State, and local governments;
``(5) ensure that critical terrorism and disaster-related information reaches government decision-makers; and
``(6) perform such other duties as the Secretary may require.
``(d) Responsibilities.--The National Operations Center shall carry out the responsibilities of the Homeland Security Operations Center, the National Response Coordination Center, and the Interagency Incident Management Group, as constituted on September 1, 2005.
``SEC. 511. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Authority a Chief Medical Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. The Chief Medical Officer shall report directly to the Administrator.
``(b) Qualifications.--The individual appointed as Chief Medical Officer shall possess a demonstrated ability in and knowledge of medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall have the primary responsibility within the Department for medical issues related to natural and man-made disasters, including--
``(1) serving as the principal advisor to the Secretary and the Administrator on medical and public health issues;
``(2) coordinating the biosurveillance and detection activities of the Department;
``(3) ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support;
``(4) serving as the Department's primary point of contact with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments or agencies, on medical and public health issues;
``(5) serving as the Department's primary point of contact for State and local government, the medical community, and others within and outside the Department, with respect to medical and public health matters;
``(6) discharging, in coordination with the Under Secretary for Science and Technology, the responsibilities of the Department related to Project Bioshield;
``(7) establishing doctrine and priorities for the National Disaster Medical System, consistent with the National Response Plan and the National Incident Management System, supervising its medical components, and exercising predeployment operational control, including--
``(A) determining composition of the teams;
``(B) overseeing credentialing of the teams; and
``(C) training personnel of the teams;
``(8) establishing doctrine and priorities for the Metropolitan Medical Response System, consistent with the National Response Plan and the National Incident Management System;
``(9) managing the Metropolitan Medical Response System, including developing and overseeing standards, plans, training, and exercises and coordinating with the Office of Grants and Training on the use and distribution of Metropolitan Medical Response grants;
``(10) assessing and monitoring long-term health issues of emergency managers and emergency response providers;
``(11) developing and updating, in consultation with the Secretary of Health and Human Services, guidelines for State and local governments for medical response plans for chemical, biological, radiological, nuclear, or explosive weapon attacks;
``(12) developing, in consultation with the Secretary of Health and Human Services, appropriate patient tracking capabilities to execute domestic patient movement and evacuations, including a system that has the capacity of electronically maintaining and transmitting the health information of hospital patients;
``(13) establishing and providing oversight for the Department's occupational health and safety program, including workforce health; and
``(14) performing such other duties relating to such responsibilities as the Secretary or the Administrator may require.
``(d) Long-Term Health Assessment Program.--The Chief Medical Officer, in consultation with the Director of the National Institute for Occupational Safety and Health, shall establish a program to assess, monitor, and study the health and safety of emergency managers and emergency response providers, following Incidents of National Significance declared by the Secretary under the National Response Plan.
``SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS.
``The Administrator shall promote public and community preparedness.
``SEC. 513. SAVER PROGRAM.
``(a) In General.--In the Department there is a System Assessment and Validation for Emergency Responders Program to provide impartial evaluations of emergency response equipment and systems.
``(b) Requirements.--The program established under subsection (a) shall--
``(1) provide impartial, practitioner relevant, and operationally oriented assessments and validations of emergency response provider equipment and systems that have not already been third-party certified to a standard adopted by the Department, including--
``(A) commercial, off-the-shelf emergency response provider equipment and systems in all equipment list categories of the Standardized Equipment List published by the Interagency Board for Equipment Standardization and Interoperability; and
``(B) such other equipment or systems as the Secretary determines are appropriate;
``(2) provide information that enables decision-makers and emergency response providers to better select, procure, use, and maintain emergency response provider equipment or systems;
``(3) assess and validate the performance of products within a system and subsystems; and
``(4) provide information and feedback to emergency response providers through the Responder Knowledge Base of the National Memorial Institute for the Prevention of Terrorism, or other appropriate forum.
``(c) Assessment and Validation Process.--The assessment and validation of emergency response provider equipment and systems shall use multiple evaluation techniques, including--
``(1) operational assessments of equipment performance on vehicle platforms;
``(2) technical assessments on a comparative basis of system component performance across makes and models under controlled conditions; and
``(3) integrative assessments on an individual basis of system component interoperability and compatibility with other system components.
``(d) Personal Protective Equipment.--To the extent practical, the assessment and validation of personal protective equipment under this section shall be conducted by the National Personal Protective Technology Laboratory of the National Institute for Occupational Safety and Health.
``SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) National Search and Rescue Response System.--There is established in the Authority an emergency response system known as the National Search and Rescue Response System that provides a national network of standardized search and rescue resources to assist State and local governments in responding to any natural or man-made disaster.
``(b) Administration of the System.--
``(1) Task force participation.--The Administrator shall select eligible search and rescue teams that are sponsored by State and local government entities to participate as task forces in the National Search and Rescue Response System. The Administrator shall determine the criteria for such participation.
``(2) Agreements with sponsoring agencies.--The Administrator shall enter into an agreement with the State or local government entity that sponsors each search and rescue team selected under paragraph (1) with respect the team's participation as a task force in the National Search and Rescue Response System.
``(3) Management and technical teams.--The Administrator shall maintain such management and other technical teams as are necessary to administer the National Search and Rescue Response System.
``SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM.
``(a) In General.--There is in the Authority a Metropolitan Medical Response System. Under the Metropolitan Medical Response System, the Assistant Secretary for Grants and Planning, in coordination with the Chief Medical Officer, shall administer grants to develop, maintain, and enhance medical preparedness systems that are capable of responding effectively to a public health crisis or mass-casualty event caused by a natural or man-made disaster.
``(b) Use of Funds.--The Metropolitan Medical Response System shall make grants to local governments to enhance any of the following activities:
``(1) Medical surge capacity.
``(2) Mass prophylaxis.
``(3) Chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities.
``(4) Emergency communications capabilities.
``(5) Information sharing and collaboration capabilities.
``(6) Regional collaboration.
``(7) Triage and pre-hospital treatment.
``(8) Medical supply management and distribution.
``(9) Fatality management.
``(10) Such other activities as the Secretary may provide.
``SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
``(a) In General.--The Secretary, acting through the Administrator, may make grants for the purposes of administering and improving the Emergency Management Assistance Compact consented to by the Joint Resolution entitled `Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact' (Public Law 104-321; 110 Stat. 3877).
``(b) Uses.--A grant under this section shall be used to--
``(1) carry out recommendations identified in after-action reports for the 2004 and 2005 hurricane season issued under the Emergency Management Assistance Compact;
``(2) coordinate with the Department and other Federal Government agencies;
``(3) coordinate with State and local government entities and their respective national associations;
``(4) assist State and local governments with credentialing emergency response providers and the typing of emergency response resources; or
``(5) administer the operations of the Emergency Management Assistance Compact.
``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $4,000,000 for each of fiscal years 2007 through 2010. Amounts appropriated under this section shall remain available for 3 fiscal years after the date on which such funds are appropriated.
``SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM.
``(a) Establishment.--There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director.
``(b) Director.--
``(1) Reporting.--The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary.
``(2) Qualifications.--The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, or other anti-terrorist functions.
``(c) Assignment of Personnel.--
``(1) In general.--The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section.
``(2) Liaisons.--The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act a liaison between that component and the Office for the Prevention of Terrorism.
``(d) Responsibilities.--The Director of the Office for the Prevention of Terrorism shall--
``(1) coordinate policy and operations between the Department and State and local government agencies relating to preventing acts of terrorism within the United States;
``(2) serve as a liaison between State and local law enforcement agencies and the Department;
``(3) in coordination with the Office of Intelligence, develop better methods for the sharing of intelligence with State and local law enforcement agencies;
``(4) work with the Assistant Secretary of the Office of Grants and Training to ensure that homeland security grants to State and local agencies, including the Law Enforcement Terrorism Prevention Program, Commercial Equipment Direct Assistance Program, grants for fusion centers, and other law enforcement programs are adequately focused on terrorism prevention activities; and
``(5) coordinate with the Authority, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to develop national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers.
``(e) Pilot Project.--
``(1) In general.--The Director of the Office for the Prevention of Terrorism, in coordination with the Director for Response, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams.
``(2) Function.--The law enforcement deployment teams participating in the pilot program under this subsection shall form the basis of a national network of standardized law enforcement resources to assist State and local governments in responding to a natural or man-made disaster.
``(f) Construction.--Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.
``SEC. 518. DEPARTMENT OFFICIALS.
``(a) Cybersecurity and Telecommunications.--There is in the Department an Assistant Secretary for Cybersecurity and Telecommunications.
``(b) United States Fire Administration.--The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.
``SEC. 519. CREDENTIALING.
``(a) Definitions.--In this section--
``(1) the term `credential' means to provide documentation that can authenticate and verify the qualifications and identity of managers of incidents, emergency response providers, and other appropriate personnel including by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for their position;
``(2) the term `credentialing' means evaluating an individual's qualifications for a specific position under guidelines created in this section and assigning such individual a qualification under the standards developed in this section; and
``(3) the term `credentialed' means an individual has been evaluated for a specific position under the guidelines created under this section.
``(b) Requirements.--
``(1) In general.--The Administrator shall enter into a memorandum of understanding to collaborate with the Emergency Management Assistance Compact and other organizations to establish, in consultation with the Authority, nationwide standards for credentialing all personnel who are likely to respond to an emergency or major disaster.
``(2) Contents.--The standards developed under paragraph
(1) shall--
``(A) include the minimum professional qualifications, certifications, training, and education requirements for specific emergency response functional positions that are applicable to Federal, State and local government;
``(B) be compatible with the National Incident Management System; and
``(C) be consistent with standards for advance registration for health professions volunteers under section 319I of the Public Health Services Act (42 U.S.C. 247d-7b).
``(3) Timeframe.--The standards developed under paragraph
(1) shall be completed not later than 6 months after the date of enactment of the United States Emergency Management Authority Act of 2006.
``(c) Credentialing of Department Personnel.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Administrator shall ensure that all personnel of the Department (including temporary personnel) who are likely to respond to an emergency or major disaster are credentialed.
``(d) Integration With National Response Plan.--
``(1) Distribution of standards.--Not later than 6 months after the date of enactment of this Act, the Administrator of the Authority shall provide the standards developed under subsection (b) to all Federal agencies that have responsibilities under the National Response Plan.
``(2) Credentialing of agencies.--Not later than 180 days after the date on which the standards are provided under paragraph (1), each agency described in paragraph (1) shall--
``(A) ensure that all employees or volunteers of that agency who are likely to respond to an emergency or major disaster are credentialed; and
``(B) submit to the Secretary the name of each credentialed employee or volunteer of such agency.
``(3) Leadership.--The Administrator shall provide leadership, guidance, and technical assistance to an agency described in paragraph (1) to facilitate the credentialing process of that agency.
``(e) Documentation and Database System.--
``(1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Authority shall establish and maintain a documentation and database system of Federal emergency response providers and all other Federal personnel credentialed to respond to an emergency or major disaster.
``(2) Accessibility.--The documentation and database system established under paragraph (1) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to an emergency or major disaster.
``(3) Considerations.--The Administrator shall consider whether the credentialing system can be used to regulate access to areas affected by a major disaster.
``(f) Guidance to State and Local Governments.--Not later than 6 months after the date of enactment of this Act, the Administrator shall--
``(1) in collaboration with the Emergency Management Assistance Compact provide detailed written guidance, assistance, and expertise to State and local governments to facilitate the credentialing of State and local emergency response providers and typing of assets commonly or likely to be used in responding to an emergency or major disaster; and
``(2) in coordination with the Emergency Management Assistance Compact and appropriate national professional organizations, assist State and local governments with credentialing the personnel and typing the resources of the State or local government under the guidance provided under paragraph (1).
``(g) Report.--Not later than 6 months after the date of enactment of this Act and annually thereafter, the Director of the Authority shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including the number and level of qualification of Federal personnel trained and ready to respond to an emergency or major disaster.
``(h) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
``SEC. 520. TYPING OF RESOURCES AND ASSETS.
``(a) Definitions.--In this section--
``(1) the term `typed' means an asset or resource has been evaluated for a specific function under the guidelines created under this section; and
``(2) the term `typing' means to define in detail the minimum capabilities of an asset or resource.
``(b) Requirements.--
``(1) In general.--The Administrator shall enter into a memorandum of understanding to collaborate with the Emergency Management Assistance Compact and other organizations to establish, in consultation with the Authority, nationwide standards for typing of resources and assets commonly or likely to be used in responding to an emergency or major disaster.
``(2) Contents.--The standards developed under paragraph
(1) shall--
``(A) be applicable to Federal, State and local government; and
``(B) be compatible with the National Incident Management System.
``(c) Typing of Department Resources.--Not later than 1 year after the date of enactment of this Act, the Secretary shall ensure that all resources and assets of the Department that are likely to be used to respond to an emergency or major disaster are typed.
``(d) Integration With National Response Plan.--
``(1) Distribution of standards.--Not later than 6 months after the date of enactment of this Act, the Administrator of the Authority shall provide the standards developed under subsection (b) to all Federal agencies that have responsibilities under the National Response Plan.
``(2) Typing of agencies, assets, and resources.--Not later than 180 days after the date on which the standards are provided under paragraph (1), each agency described in paragraph (1) shall--
``(A) ensure that all resources and assets (including teams, equipment, and other assets) of that agency that are likely to be used to respond to an emergency or major disaster are typed; and
``(B) submit to the Secretary a list of all typed resources and assets
``(3) Leadership.--The Administrator shall provide leadership, guidance, and technical assistance to an agency described in paragraph (1) to facilitate the typing process of that agency.
``(e) Documentation and Database System.--
``(1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish and maintain a documentation and database system of Federal resources and assets likely to be used to respond to an emergency or major disaster.
``(2) Accessibility.--The documentation and database system established under paragraph (1) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to an emergency or major disaster.
``(f) Guidance to State and Local Governments.--Not later than 6 months after the date of enactment of this Act, the Administrator of the Authority, in collaboration with the Emergency Management Assistance Compact, shall--
``(1) provide detailed written guidance, assistance, and expertise to State and local governments to facilitate the typing of the resources and assets of State and local governments likely to be used in responding to an emergency or major disaster; and
``(2) assist State and local governments with typing the resources and assets of the State or local governments under the guidance provided under paragraph (1).
``(g) Grants.--The Secretary may make grants to the party states of the Emergency Management Assistance Compact to develop and maintain a database of typed resources and assets of State and local governments.
``(h) Report.--Not later than 6 months after the date of enactment of this Act and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this section, including the number and type of Federal resources and assets ready to respond to an emergency or major disaster.''.
Sec. 803. Conforming Amendments. (a) Executive Schedule.--
(1) Administrator.--Section 5313 of title 5, United States Code, is amended by adding at the end the following:
``Administrator of the United States Emergency Management Authority.''.
(2) Directors.--Section 5314 of title 5, United States Code, is amended by adding at the end the following:
``Directors, United States Emergency Management Authority.''.
(3) FEMA officers.--
(A) Federal insurance administrator.--Section 5315 of title 5, United States Code, is amended by striking ``Federal Insurance Administrator, Federal Emergency Management Agency.'' and inserting ``Federal Insurance Administrator, United States Emergency Management Agency.''.
(B) Inspector general.--Section 5315 of title 5, United States Code, is amended by striking ``Inspector General, Federal Emergency Management Agency.'' and inserting
``Inspector General, United States Emergency Management Agency.''.
(C) Chief information officer.--Section 5315 of title 5, United States Code, is amended by striking ``Chief Information Officer, Federal Emergency Management Agency.'' and inserting ``Chief Information Officer, United States Emergency Management Agency.''.
(b) Officers of the Department.--Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) An Administrator of the United States Emergency Management Authority.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (10) (as amended by this subsection) as paragraphs (2) through (9), respectively.
(c) References.--Any reference to the Federal Emergency Management Agency, or the Director thereof, in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this title shall be considered to refer and apply to the United States Emergency Management Authority and the Administrator thereof, respectively.
(d) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking the items relating to title V and sections 501 through 509 and inserting the following:
``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE
``Sec. 501. Definitions.
``Sec. 502. United States Emergency Management Authority.
``Sec. 503. Authorities and responsibilities.
``Sec. 504. Authority components.
``Sec. 505. Preserving the United States Emergency Management
Authority.
``Sec. 506. Directors.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council on Emergency Preparedness and
Response.
``Sec. 509. National Incident Management System Integration Center.
``Sec. 510. National Operations Center.
``Sec. 511. Chief Medical Officer.
``Sec. 512. Public and community preparedness.
``Sec. 513. SAVER Program.
``Sec. 514. National Search and Rescue Response System.
``Sec. 515. Metropolitan Medical Response System.
``Sec. 516. Emergency Management Assistance Compact.
``Sec. 517. Office for the Prevention of Terrorism.
``Sec. 518. Department officials.
``Sec. 519. Credentialing.
``Sec. 520. Typing of resources and assets.
``Sec. 521. Nuclear incident response.
``Sec. 522. Conduct of certain public health-related activities.
``Sec. 523. Use of national private sector networks in emergency response.
``Sec. 524. Use of commercially available technology, goods, and services.
``Sec. 525. Procurement of security countermeasures for strategic national stockpile.
``Sec. 526. Urban and other high risk area communications capabilities.''.
Sec. 804. Authorization of Appropriations.
There are authorized to be appropriated such sums as are necessary to carry out this title and the amendments made by this title.
Sec. 805. Effective Date.
This title, and the amendments made by this title, shall take effect on January 1, 2007.
TITLE IX
BORDER LAW ENFORCEMENT RELIEF ACT
Sec. 901. Short Title.
This title may be cited as the ``Border Law Enforcement Relief Act of 2006''.
Sec. 902. Findings.
Congress finds the following:
(1) It is the obligation of the Federal Government of the United States to adequately secure the Nation's borders and prevent the flow of undocumented persons and illegal drugs into the United States.
(2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The Southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States.
(3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border.
(4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border.
(6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes.
(7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes.
(8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region.
Sec. 903. Border Relief Grant Program. (a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address--
(A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; and
(B) the impact of any lack of security along the United States border.
(2) Duration.--Grants may be awarded under this subsection during fiscal years 2007 through 2011.
(3) Competitive basis.--The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and transportation costs; and
(5) such other resources as are available to assist that agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(2) Contents.--Each application submitted pursuant to paragraph (1) shall--
(A) describe the activities for which assistance under this section is sought; and
(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible law enforcement agency'' means a tribal, State, or local law enforcement agency--
(A) located in a county no more than 100 miles from a United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means any county designated by the Secretary as such, taking into consideration--
(A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county;
(B) the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; and
(C) any other unique challenges that local law enforcement face due to a lack of security along the United States border.
(3) Secretary.--The term ``Secretary'' means the Secretary of the Department of Homeland Security.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2007 through 2011 to carry out the provisions of this section.
(2) Division of authorized funds.--Of the amounts authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated as a High Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.
Sec. 904. Enforcement of Federal Immigration Law.
Nothing in this title shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.
This Act may be cited as the ``Department of Homeland Security Appropriations Act, 2007''.
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