[109th Congress Public Law 295]
[From the U.S. Government Printing Office]
[DOCID: f:publ295.109]
[[Page 120 STAT. 1355]]
Public Law 109-295
109th Congress
An Act
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other
purposes. <<NOTE: Oct. 4, 2006 - [H.R. 5441]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Department of Homeland Security
Appropriations Act, 2007.>> in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2007, for the
Department of Homeland Security and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $94,470,000: Provided, That not
to exceed $40,000 shall be for official reception and representation
expenses: Provided further, That of the funds provided under this
heading, $5,000,000 shall not be available for obligation until the
Secretary of Homeland Security submits a comprehensive port, container,
and cargo security strategic plan to the Committees on Appropriations of
the Senate and the House of Representatives; the Committee on Homeland
Security of the House of Representatives; the Committee on Homeland
Security and Governmental Affairs of the Senate; and the Committee on
Commerce, Science, and Transportation of the Senate that requires
screening all inbound cargo, doubles the percentage of inbound cargo
currently inspected, sets minimum standards for securing inbound cargo,
and includes the fiscal year 2007 performance requirements for port,
container, and cargo security as specified in the joint explanatory
statement accompanying this Act: Provided further, That of the funds
provided under this heading, $10,000,000 shall not be available for
obligation until the Secretary submits the Secure Border Initiative
multi-year strategic plan to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on Homeland
Security of the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committees on
the Judiciary of the Senate and the House of Representatives no later
than December 1, 2006, that includes: a comprehensive
[[Page 120 STAT. 1356]]
mission statement, an identification of long-term goals, an explanation
of how long-term goals will be achieved, schedule and resource
requirements for goal achievement, an identification of annual
performance goals and how they link to long-term goals, an
identification of annual performance measures used to gauge
effectiveness towards goal achievement by goal, and an identification of
major capital assets critical to program success.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $153,640,000: Provided,
That not to exceed $3,000 shall be for official reception and
representation expenses: Provided further, That of the total amount
provided, $8,206,000 shall remain available until expended solely for
the alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
as authorized by section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113), $26,000,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$349,013,000; of which $79,521,000 shall be available for salaries and
expenses; and of which $269,492,000 shall be available for development
and acquisition of information technology equipment, software, services,
and related activities for the Department of Homeland Security, and for
the costs of conversion to narrowband communications, including the cost
for operation of the land mobile radio legacy systems, to remain
available until expended: Provided, That none of the funds appropriated
shall be used to support or supplement the appropriations provided for
the United States Visitor and Immigrant Status Indicator Technology
project or the Automated Commercial Environment: Provided
further, <<NOTE: Expenditure plan. Deadline.>> 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
[[Page 120 STAT. 1357]]
Security Act of 2002 (6 U.S.C. 121 et seq.), $299,663,000, to remain
available until September 30, 2008, of which not to exceed $5,000 shall
be for official reception and representation expenses.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000 shall not
be available for obligation until the Committees on Appropriations of
the Senate and the House of Representatives receive an expenditure plan
for fiscal year 2007.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $85,185,000, of which not to exceed $100,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General:
Provided, That the Department of Homeland Security Inspector General
shall investigate whether, and to what extent, in adjusting and settling
claims resulting from Hurricane Katrina, insurers making flood insurance
coverage available under the Write-Your-Own program pursuant to section
1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 4081) and
subpart C of part 62 of title 44, Code of Federal Regulations,
improperly attributed damages from such hurricane to flooding covered
under the insurance coverage provided under the national flood insurance
program rather than to windstorms covered under coverage provided by
such insurers or by windstorm insurance pools in which such insurers
participated: Provided further, <<NOTE: Reports. Deadline.>> That the
Department of Homeland Security Inspector General shall submit a report
to Congress not later than April 1, 2007, setting forth the conclusions
of such investigation.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as authorized
by section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a), $362,494,000, to remain
available until expended: Provided, That of the total amount made
available under this heading, $200,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator Technology project
until the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure prepared by
the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
[[Page 120 STAT. 1358]]
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently under
contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget;
(6) is reviewed by the Government Accountability Office;
(7) includes a comprehensive strategic plan for the United
States Visitor and Immigrant Status Indicator Technology
project; and
(8) includes a complete schedule for the full implementation
of a biometric exit program.
United States Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; purchase and
lease of up to 4,500 (3,500 for replacement only) police-type vehicles;
and contracting with individuals for personal services abroad;
$5,562,186,000; of which $379,602,000 shall be used to hire additional
border patrol agents, of which $93,000,000 shall be available until
September 30, 2008; of which $3,026,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for
official reception and representation expenses; of which not less than
$175,796,000 shall be for Air and Marine Operations; of which such sums
as become available in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account;
of which not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; and of which
not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That of the amount provided
under this heading, $100,000,000 of inspection and detection technology
investments funding is designated as described in section 520 of this
Act: Provided further, That for fiscal year 2007, the overtime
limitation prescribed in section 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act may be
available to compensate any employee of United States Customs and Border
Protection for overtime, from whatever source, in an amount that exceeds
such limitation, except in individual cases determined by
[[Page 120 STAT. 1359]]
the Secretary of Homeland Security, or the designee of the Secretary, to
be necessary for national security purposes, to prevent excessive costs,
or in cases of immigration emergencies.
automation modernization
For expenses for customs and border protection automated systems,
$451,440,000, to remain available until expended, of which not less than
$316,800,000 shall be for the development of the Automated Commercial
Environment: Provided, That of the total amount made available under
this heading, $216,800,000 may not be obligated for the Automated
Commercial Environment until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently under
contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,187,565,000, to remain available
until expended: Provided, That of the amount provided under this
heading, $1,159,200,000 is designated as described in section 520 of
this Act: Provided further, <<NOTE: Expenditure plan. Deadline.>> That
of the amount provided under this heading, $950,000,000 shall not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure,
prepared by the Secretary of Homeland Security and submitted within 60
days after the date of enactment of this Act, to establish a security
barrier along the border of the United States of fencing and vehicle
barriers, where practicable, and other forms of tactical infrastructure
and technology, that--
(1) defines activities, milestones, and costs for
implementing the program;
(2) demonstrates how activities will further the goals and
objectives of the Secure Border Initiative (SBI), as defined in
the SBI multi-year strategic plan;
(3) identifies funding and the organization staffing
(including full-time equivalents, contractors, and detailees)
requirements by activity;
(4) reports on costs incurred, the activities completed, and
the progress made by the program in terms of obtaining
operational control of the entire border of the United States;
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(5) includes a certification by the Chief Procurement
Officer of the Department of Homeland Security that procedures
to prevent conflicts of interest between the prime integrator
and major subcontractors are established and a certification by
the Chief Information Officer of the Department of Homeland
Security that an independent verification and validation agent
is currently under contract for the project;
(6) complies with all applicable acquisition rules,
requirements, guidelines, and best systems acquisition
management practices of the Federal Government;
(7) complies with the capital planning and investment
control review requirements established by the Office of
Management and Budget, including Circular A-11, part 7;
(8) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(9) is reviewed by the Government Accountability Office.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial vehicles, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments for
facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $602,187,000, to remain
available until expended: Provided, That of the amount provided under
this heading, $232,000,000 of procurement is designated as described in
section 520 of this Act: Provided further, That no aircraft or other
related equipment, with the exception of aircraft that are one of a kind
and have been identified as excess to United States Customs and Border
Protection requirements and aircraft that have been damaged beyond
repair, shall be transferred to any other Federal agency, department, or
office outside of the Department of Homeland Security during fiscal year
2007 without the prior approval of the Committees on Appropriations of
the Senate and the House of Representatives.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$232,978,000, to remain available until expended: Provided, That of the
amount provided under this heading, $110,000,000 is designated as
described in section 520 of this Act.
[[Page 120 STAT. 1361]]
Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and lease
of up to 3,790 (2,350 for replacement only) police-type vehicles;
$3,887,000,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $102,000 shall be for promotion of public awareness of the child
pornography tipline; of which not less than $203,000 shall be for
Project Alert; of which not less than $5,400,000 may be used to
facilitate agreements consistent with section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none of the
funds made available under this heading shall be available to compensate
any employee for overtime in an annual amount in excess of $35,000,
except that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes and in cases of immigration emergencies: Provided further, That
of the total amount provided, $15,770,000 shall be for activities to
enforce laws against forced child labor in fiscal year 2007, of which
not to exceed $6,000,000 shall remain available until expended.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally-owned and leased buildings and for the
operations of the Federal Protective Service: Provided, That the
Secretary <<NOTE: Reports. Deadline.>> submit a report, approved by the
Office of Management and Budget, to the Committees on Appropriations of
the Senate and the House of Representatives no later than November 1,
2006, demonstrating how the operations of the Federal Protective Service
will be fully funded in fiscal year 2007 through revenues and collection
of security fees.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $15,000,000, to remain available until expended: Provided, That
of the funds made available under this heading, $13,000,000 may not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
[[Page 120 STAT. 1362]]
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently under
contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$56,281,000, to remain available until expended: Provided, That of the
amount provided under this heading, $30,000,000 is designated as
described in section 520 of this Act.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security Administration
related to providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $4,731,814,000, to remain available until
September 30, 2008, of which not to exceed $10,000 shall be for official
reception and representation expenses: Provided, That of the total
amount made available under this heading, not to exceed $3,768,266,000
shall be for screening operations, of which $141,400,000 shall be
available only for procurement of checked baggage explosive detection
systems and $138,000,000 shall be available only for installation of
checked baggage explosive detection systems; and not to exceed
$963,548,000 shall be for aviation security direction and
enforcement: <<NOTE: Reports.>> Provided further, That of the funds
appropriated under this heading, $5,000,000 shall not be obligated until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a detailed
report in response to findings in the Department of Homeland Security
Office of Inspector General report (OIG-04-44) concerning contractor
fees: Provided further, That security service fees authorized under
section 44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum herein appropriated
from the General Fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2007, so as
to result in a final fiscal year appropriation from the General Fund
estimated at not more than $2,311,814,000: Provided further, That any
security service fees collected in excess of the amount made available
under this heading shall become available during fiscal year 2008:
Provided further, That notwithstanding section 44923 of title 49, United
States Code, the share of the cost of the Federal Government
[[Page 120 STAT. 1363]]
for a project under any letter of intent shall be 75 percent for any
medium or large hub airport and not more than 90 percent for any other
airport, and all funding provided by section 44923(h) of title 49,
United States Code, or from appropriations authorized under section
44923(i)(1) of title 49, United States Code, may be distributed in any
manner deemed necessary to ensure aviation security and to fulfill the
Government's planned cost share under existing letters of intent:
Provided further, <<NOTE: Plan. Deadline.>> That by December 1, 2006,
the Transportation Security Administration shall submit a detailed air
cargo security action plan addressing each of the recommendations
contained in the 2005 Government Accountability Office Report (GAO-06-
76) on domestic air cargo security to the Committees on Appropriations
of the Senate and the House of Representatives; the Committee on
Homeland Security of the House of Representatives; the Committee on
Homeland Security and Governmental Affairs of the Senate; and the
Committee on Commerce, Science, and Transportation of the Senate:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; and
the heads of Federal agencies and commissions, including the Secretary,
Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General and Assistant
Attorneys General and the United States attorneys; and senior members of
the Executive Office of the President, including the Director of the
Office of Management and Budget; shall not be exempt from Federal
passenger and baggage screening: Provided further, That beginning in
fiscal year 2007 and thereafter, reimbursement for security services and
related equipment and supplies provided in support of general aviation
access to the Ronald Reagan Washington National Airport shall be
credited to this appropriation and shall be available until expended
solely for those purposes: Provided further, That none of the funds in
this Act shall be used to recruit or hire personnel into the
Transportation Security Administration which would cause the agency to
exceed a staffing level of 45,000 full-time equivalent screeners.
surface transportation security
For necessary expenses of the Transportation Security Administration
related to providing surface transportation security activities,
$37,200,000, to remain available until September 30, 2008.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment and
Credentialing, $39,700,000, to remain available until September 30,
2008.
transportation security support
For necessary expenses of the Transportation Security Administration
related to providing transportation security support and intelligence
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $525,283,000, to remain
available until September 30, 2008: Provided, That of the funds
appropriated under this heading, $5,000,000 may not be obligated until
the Secretary of Homeland
[[Page 120 STAT. 1364]]
Security submits to the Committees on Appropriations of the Senate and
the House of Representatives a detailed expenditure plan for explosive
detection systems refurbishment, procurement, and installations on an
airport-by-airport basis for fiscal year 2007: Provided
further, <<NOTE: Plan. Deadline.>> That this plan shall be submitted no
later than 60 days after the date of enactment of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $714,294,000.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
United States Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; payments pursuant to section 156 of Public Law 97-377
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$5,477,657,000, of which $340,000,000 shall be for defense-related
activities; of which $24,255,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $10,000 shall be for official reception and representation
expenses: Provided, That none of the funds made available by this or any
other Act shall be available for administrative expenses in connection
with shipping commissioners in the United States: Provided further, That
none of the funds made available by this Act shall be for expenses
incurred for yacht documentation under section 12109 of title 46, United
States Code, except to the extent fees are collected from yacht owners
and credited to this appropriation: Provided further, That not to exceed
five percent of this appropriation may be transferred to the
``Acquisition, Construction, and Improvements'' appropriation for
personnel compensation and benefits and related costs to adjust
personnel assignment to accelerate management and oversight of new or
existing projects without detrimentally affecting the management and
oversight of other projects: Provided further, That the amount made
available for ``Personnel, Compensation, and Benefits'' in the
``Acquisition, Construction, and Improvements'' appropriation shall not
be increased by more than 10 percent by such transfers: Provided
further, <<NOTE: Notification. Deadline.>> That the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified of each transfer within 30 days after it is executed by the
Treasury.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and
restoration functions of the United States Coast Guard under chapter 19
of title 14, United States Code, $10,880,000, to remain available until
expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program;
[[Page 120 STAT. 1365]]
personnel and training costs; and equipment and services; $122,448,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,330,245,000, of which $19,800,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $26,550,000 shall be available until September 30,
2011, to acquire, repair, renovate, or improve vessels, small boats, and
related equipment; of which $15,000,000 shall be available until
September 30, 2011, to increase aviation capability; of which
$119,823,000 shall be available until September 30, 2009, for other
equipment; of which $22,000,000 shall be available until September 30,
2009, for shore facilities and aids to navigation facilities; of which
$81,000,000 shall be available for personnel compensation and benefits
and related costs; and of which $1,065,872,000 shall be available until
September 30, 2011, for the Integrated Deepwater Systems program:
Provided, That the Commandant of the Coast Guard is authorized to
dispose of surplus real property, by sale or lease, and the proceeds
shall be credited to this appropriation as offsetting collections and
shall be available until September 30, 2009: <<NOTE: Review.>> 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; <<NOTE: Reports.>> a status report of legacy assets; a detailed
explanation of how the costs of legacy assets are being accounted for
within the Deepwater program; a description of how the Coast Guard is
planning for the human resource needs of Deepwater assets; a description
of the competitive process conducted in all contracts and subcontracts
exceeding $5,000,000 within the Deepwater program; and the earned value
management system gold card data for each Deepwater asset: Provided
further, <<NOTE: Review. Deadline. 14 USC 663 note.>> That the Secretary
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a comprehensive review of the Revised Deepwater
Implementation Plan every five years, beginning in fiscal year 2011,
that includes a complete projection of the acquisition costs and
schedule for the duration of the plan through fiscal year 2027: Provided
further, That the Secretary shall annually submit to
the <<NOTE: Plan. Deadline. 14 USC 663 note.>> 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;
[[Page 120 STAT. 1366]]
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts specified
in the future-years capital investment plan are consistent to the
maximum extent practicable with proposed appropriations necessary to
support the programs, projects, and activities of the Coast Guard in the
President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further, That
of the amount provided under this heading, $175,800,000 is designated as
described in section 520 of this Act.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $16,000,000, to remain available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research, development,
test, and evaluation; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; as authorized by law;
$17,000,000, to remain available until expended, of which $495,000 shall
be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for
the purposes of this appropriation funds received from State and local
governments, other public authorities, private sources, and foreign
countries for expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,063,323,000.
United States Secret Service
protection, administration, and training
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 755 vehicles for police-type use, of
which 624 shall be for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings in
the District of Columbia, and fencing, lighting,
[[Page 120 STAT. 1367]]
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; payment of per diem or subsistence allowances to
employees where a protective assignment during the actual day or days of
the visit of a protectee requires an employee to work 16 hours per day
or to remain overnight at a post of duty; conduct of and participation
in firearms matches; presentation of awards; travel of United States
Secret Service employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if approval is
obtained in advance from the Committees on Appropriations of the Senate
and the House of Representatives; research and development; grants to
conduct behavioral research in support of protective research and
operations; and payment in advance for commercial accommodations as may
be necessary to perform protective functions; $961,779,000, of which not
to exceed $25,000 shall be for official reception and representation
expenses: Provided, That up to $18,000,000 provided for protective
travel shall remain available until September 30, 2008: Provided
further, That up to $18,400,000 for candidate nominee protection shall
remain available until September 30, 2009: Provided further, That up to
$1,000,000 for National Special Security Events shall remain available
until expended: Provided further, <<NOTE: Reports.>> That of the total
amount provided under this heading, $2,000,000 shall not be available
for obligation until the Director of the Secret Service submits a
comprehensive workload re-balancing report to the Committees on
Appropriations of the Senate and the House of Representatives that
includes funding and position requirements for current investigative and
protective operations: Provided further, That the United States Secret
Service is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined in section
105 of title 5, United States Code, receiving training sponsored by the
James J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year.
INVESTIGATIONS AND FIELD OPERATIONS
For necessary expenses for investigations and field operations of
the United States Secret Service, not otherwise provided for, including
costs related to office space and services of expert witnesses at such
rate as may be determined by the Director of the Secret Service,
$311,154,000; of which not to exceed $100,000 shall be to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,366,000 shall
be for forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be a grant for
activities related to the investigations of missing and exploited
children and shall remain available until expended.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,725,000, to remain
[[Page 120 STAT. 1368]]
available until expended: Provided, That of the total amount provided
under this heading, $500,000 shall not be available for obligation until
the Director of the Secret Service submits a revised master plan to the
Committees on Appropriations of the Senate and the House of
Representatives for the James J. Rowley Training Center.
TITLE III
PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
For salaries and expenses of the immediate Office of the Under
Secretary for Preparedness, the Office of the Chief Medical Officer, and
the Office of National Capital Region Coordination, $30,572,000, of
which no less than $2,741,000 may be used for the Office of National
Capital Region Coordination, and of which $6,459,000 shall be for the
National Preparedness Integration Program: Provided, That none of the
funds made available under this heading may be obligated for the
National Preparedness Integration Program until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure prepared by the Secretary of Homeland
Security: Provided further, That not to exceed $7,000 shall be for
official reception and representation expenses: <<NOTE: West
Virginia. Pennsylvania.>> Provided further, That for purposes of
planning, coordination and execution of mass evacuation during a
disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be included in
efforts to integrate the activities of Federal, State, and local
governments in the National Capital Region, as defined in section 882 of
Public Law 107-296, the Homeland Security Act of 2002.
Office of Grants and Training
state and local programs
For grants, contracts, cooperative agreements, and other activities,
including grants to State and local governments for terrorism prevention
activities, notwithstanding any other provision of law, $2,531,000,000,
which shall be allocated as follows:
(1) $525,000,000 for formula-based grants and $375,000,000
for law enforcement terrorism prevention grants pursuant to
section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided,
That the application for grants shall be made available to
States within 45 days after the date of enactment of this Act;
that States shall submit applications within 90 days after the
grant announcement; and the Office of Grants and Training shall
act within 90 days after receipt of an application: Provided
further, <<NOTE: Puerto Rico. Deadline.>> That not less than 80
percent of any grant under this paragraph to a State shall be
made available by the State to local governments within 60 days
after the receipt of the funds; except in the case of Puerto
Rico, where not less than 50 percent of any grant under this
paragraph
[[Page 120 STAT. 1369]]
shall be made available to local governments within 60 days
after the receipt of the funds.
(2) $1,229,000,000 for discretionary grants, as determined
by the Secretary of Homeland Security, of which--
(A) $770,000,000 shall be for use in high-threat,
high-density urban areas: Provided, That not later than
September 30, 2007, the Secretary shall distribute any
unallocated funds made available for assistance to
organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code) determined by the
Secretary to be at high-risk of international terrorist
attack under title III of the Department of Homeland
Security Appropriations Act, 2006 under the heading
``Office for Domestic Preparedness--State and Local
Programs'' (Public Law 109-90; 119 Stat. 2075) in
paragraph (2)(A): Provided further, That applicants
shall identify for the Secretary's consideration prior
threats or attacks (within or outside the United States)
by a terrorist organization, network, or cell against an
organization described in the previous proviso, and the
Secretary shall consider prior threats or attacks
(within or outside the United States) against like
organizations when determining
risk: <<NOTE: Notification. Deadline.>> Provided
further, That the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives the high risk or potential high risk to
each designated tax exempt grantee at least five full
business days in advance of the announcement of any
grant award;
(B) $210,000,000 shall be for port security grants
pursuant to the purposes of section 70107(a) through (h)
of title 46, United States Code, which shall be awarded
based on risk notwithstanding subsection (a), for
eligible costs as described in subsections (b)(2)
through (4);
(C) $12,000,000 shall be for trucking industry
security grants;
(D) $12,000,000 shall be for intercity bus security
grants;
(E) $175,000,000 shall be for intercity rail
passenger transportation (as defined in section 24102 of
title 49, United States Code), freight rail, and transit
security grants; and
(F) $50,000,000 shall be for buffer zone protection
grants:
Provided, <<NOTE: Deadlines.>> That for grants under
subparagraph (A), the application for grants shall be made
available to States within 45 days after the date of enactment
of this Act; that States shall submit applications within 90
days after the grant announcement; and that the Office of Grants
and Training shall act within 90 days after receipt of an
application: Provided further, That no less than 80 percent of
any grant under this paragraph to a State shall be made
available by the State to local governments within 60 days after
the receipt of the funds: Provided further, That for grants
under subparagraphs (B) through (F), the applications for such
grants shall be made available to eligible applicants not later
than 75 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 45 days
after the date of the grant
[[Page 120 STAT. 1370]]
announcement, and the Office of Grants and Training shall act on
such applications not later than 60 days after the date on which
such an application is received.
(3) $50,000,000 shall be available for the Commercial
Equipment Direct Assistance Program.
(4) $352,000,000 for training, exercises, technical
assistance, and other programs:
Provided, That none of the grants provided under this heading shall be
used for the construction or renovation of facilities, except for a
minor perimeter security project, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided
further, That the preceding proviso shall not apply to grants under
subparagraphs (B), (E), and (F) of paragraph (2) of this heading:
Provided further, That grantees shall provide additional reports on
their use of funds, as determined necessary by the Secretary of Homeland
Security: Provided further, That funds appropriated for law enforcement
terrorism prevention grants under paragraph (1) of this heading and
discretionary grants under paragraph (2)(A) of this heading shall be
available for operational costs, to include personnel overtime and
overtime associated with the Office of Grants and Training certified
training, as needed: <<NOTE: Risk factors. Reports. Deadline.>> Provided
further, That the Government Accountability Office shall report on the
validity, relevance, reliability, timeliness, and availability of the
risk factors (including threat, vulnerability, and consequence) used by
the Secretary for the purpose of allocating discretionary grants funded
under this heading, and the application of those factors in the
allocation of funds to the Committees on Appropriations of the Senate
and the House of Representatives on its findings not later than 45 days
after the date of enactment of this Act: Provided further, That within
seven days after the date of enactment of this Act, the Secretary shall
provide the Government Accountability Office with the risk methodology
and other factors that will be used to allocate discretionary grants
funded under this heading.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$662,000,000, of which $547,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $115,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2008: Provided, That not to exceed
five percent of this amount shall be available for program
administration.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $200,000,000: Provided, That total
administrative costs shall not exceed three percent of the total
appropriation.
[[Page 120 STAT. 1371]]
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2007, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary for
its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2007, and remain
available until expended.
United States Fire Administration and Training
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland security
Act of 2002 (6 U.S.C. 101 et seq.), $46,849,000.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and information
security programs and activities, as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $547,633,000, of
which $470,633,000 shall remain available until September 30, 2008:
Provided, <<NOTE: Reports.>> That of the amount made available under
this heading, $10,000,000 may not be obligated until the Secretary
submits to the Committees on Appropriations of the Senate and House of
Representatives the report required in House Report 109-241 accompanying
the Department of Homeland Security Appropriations Act, 2006 (Public Law
109-90) on Department of Homeland Security resources necessary to
implement mandatory security requirements for the Nation's chemical
sector and to create a system for auditing and ensuring compliance with
the security standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Administrative and Regional Operations
For necessary expenses for administrative and regional operations,
$282,000,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C.
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not
to exceed $3,000 shall be for official reception and representation
expenses.
[[Page 120 STAT. 1372]]
Readiness, Mitigation, Response, and Recovery
For necessary expenses for readiness, mitigation, response, and
recovery activities, $244,000,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of 1947
(50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided,
That of the total amount made available under this heading, $25,000,000
shall be for Urban Search and Rescue Teams, of which not to exceed
$1,600,000 may be made available for administrative costs.
Public Health Programs
(including transfer of funds)
For necessary expenses for countering potential biological, disease,
and chemical threats to civilian populations, $33,885,000:
Provided, <<NOTE: 42 USC 300hh-11 note.>> That the total amount
appropriated and, notwithstanding any other provision of law, the
functions, personnel, assets, and liabilities of the National Disaster
Medical System established under section 2811(b) of the Public Health
Service Act (42 U.S.C. 300hh-11(b)), including any functions of the
Secretary of Homeland Security relating to such System, shall be
permanently transferred to the Secretary of the Department of Health and
Human Services effective January 1, 2007.
Disaster Relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,500,000,000, to remain available until expended: Provided, That of
the total amount provided, not to exceed $13,500,000 shall be
transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to natural disasters
subject to section 503 of this Act.
Disaster Assistance Direct Loan Program Account
For administrative expenses to carry out the direct loan program, as
authorized by section 319 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5162), $569,000: Provided, That
gross obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and
[[Page 120 STAT. 1373]]
such additional sums as may be provided by State and local governments
or other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed three percent
of the total appropriation.
National Flood Insurance Fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $128,588,000, which is available as follows: (1)
not to exceed $38,230,000 for salaries and expenses associated with
flood mitigation and flood insurance operations; and (2) not to exceed
$90,358,000 for flood hazard mitigation which shall be derived from
offsetting collections assessed and collected under section 1307 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to remain
available until September 30, 2008, including up to $31,000,000 for
flood mitigation expenses under section 1366 of that Act, which amount
shall be available for transfer to the National Flood Mitigation Fund
until September 30, 2008: Provided, That in fiscal year 2007, no funds
shall be available from the National Flood Insurance Fund in excess of:
(1) $70,000,000 for operating expenses; (2) $692,999,000 for commissions
and taxes of agents; (3) such sums as are necessary for interest on
Treasury borrowings; and (4) $50,000,000 for flood mitigation actions
with respect to severe repetitive loss properties under section 1361A of
that Act (42 U.S.C. 4102a) and repetitive insurance claims properties
under section 1323 of that Act (42 U.S.C. 4030), which shall remain
available until expended: Provided further, That total administrative
costs shall not exceed three percent of the total appropriation.
National Flood Mitigation Fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
subsection (f), of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), $31,000,000, to remain available until September
30, 2008, for activities designed to reduce the risk of flood damage to
structures pursuant to such Act, of which $31,000,000 shall be derived
from the National Flood Insurance Fund.
National Predisaster Mitigation Fund
For a predisaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.), $100,000,000, to remain available until expended:
Provided, That grants made for predisaster mitigation shall be awarded
on a competitive basis subject to the criteria in section 203(g) of such
Act (42 U.S.C. 5133(g)): Provided further, That total administrative
costs shall not exceed three percent of the total appropriation.
[[Page 120 STAT. 1374]]
Emergency Food and Shelter
To carry out an emergency food and shelter program pursuant to title
III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et
seq.), $151,470,000, to remain available until expended: Provided, That
total administrative costs shall not exceed 3.5 percent of the total
appropriation.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$181,990,000, of which $93,500,000 is available until expended:
Provided, That $47,000,000 may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a strategic transformation plan for United States
Citizenship and Immigration Services that has been reviewed and approved
by the Secretary of Homeland Security and reviewed by the Government
Accountability Office.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law enforcement
basic training; purchase of not to exceed 117 vehicles for police-type
use and hire of passenger motor vehicles; expenses for student athletic
and related activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and enhancement of
community support of law enforcement training; room and board for
student interns; a flat monthly reimbursement to employees authorized to
use personal mobile phones for official duties; and services as
authorized by section 3109 of title 5, United States Code; $211,033,000,
of which up to $43,910,000 for materials and support costs of Federal
law enforcement basic training shall remain available until September
30, 2008; of which $300,000 shall remain available until expended for
Federal law enforcement agencies participating in training
accreditation, to be distributed as determined by the Federal Law
Enforcement Training Center for the needs of participating agencies; and
of which not to exceed $12,000 shall be for official reception and
representation expenses: Provided, That the Center is authorized to
obligate funds in anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further, <<NOTE: 42
USC 3771 note.>> That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note) is amended by striking ``5 years after the date of the
enactment of this Act'' and inserting ``December 31, 2007'', and by
striking ``250'' and inserting ``350''.
[[Page 120 STAT. 1375]]
acquisition, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $64,246,000, to remain available until expended:
Provided, That of the amount provided under this heading, $22,000,000 is
designated as described in section 520 of this Act: Provided further,
That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of programs
and activities, as authorized by title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.), $135,000,000: Provided, That of the
amount provided under this heading, $60,000,000 shall not be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives receive and approve an expenditure plan by program,
project, and activity; with a detailed breakdown and justification of
the management and administrative costs for each; prepared by the
Secretary of Homeland Security that has been reviewed by the Government
Accountability Office: Provided further, That the expenditure plan shall
describe the method utilized to derive administration costs in fiscal
year 2006 and the fiscal year 2007 budget request: Provided further,
That not to exceed $3,000 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); and the purchase or lease
of not to exceed five vehicles, $838,109,000, to remain available until
expended: Provided, <<NOTE: Reports.>> That of the amounts made
available under this heading, $50,000,000 may not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a report prepared by the Under
Secretary of Science and Technology that describes the progress to
address financial management deficiencies, improve its management
controls, and implement performance measures and evaluations.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection Office
and for management and administration of programs and activities,
$30,468,000: Provided, That no funds will be made available for the
reimbursement of individuals from other Federal agencies or
organizations in fiscal year 2009: Provided further, That
[[Page 120 STAT. 1376]]
not to exceed $3,000 shall be for official reception and representation
expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation and operations, $272,500,000, to remain
available until expended: <<NOTE: Notification.>> Provided, That of the
amount provided under this heading, $15,000,000 shall not be obligated
until the Secretary of Homeland Security provides notification to the
Committees on Appropriations of the Senate and the House of
Representatives that the Domestic Nuclear Detection Office has entered
into a Memorandum of Understanding with each Federal entity and
organization: Provided further, That each Memorandum of Understanding
shall include a description of the role, responsibilities, and resource
commitment of each Federal entity or organization for the global
architecture.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $178,000,000, to remain available
until September 30, 2009; and of which no less than $143,000,000 shall
be for radiation portal monitors; and of which not to exceed $5,000,000
shall be for the Surge program:
Provided, <<NOTE: Certification. Reports.>> That none of the funds
appropriated under this heading shall be obligated for full scale
procurement of Advanced Spectroscopic Portal Monitors until the
Secretary of Homeland Security has certified through a report to the
Committees on Appropriations of the Senate and the House of
Representatives that a significant increase in operational effectiveness
will be achieved.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act: Provided, That balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2007, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes to
use funds directed
[[Page 120 STAT. 1377]]
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; <<NOTE: Notification. Deadline.>> 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; <<NOTE: Notification. Deadline.>> 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) <<NOTE: Notification. Deadline.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Deadlines.>> That prior
to the obligation of such funds, a request shall be submitted to
[[Page 120 STAT. 1378]]
the Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503 of this Act.
Sec. 506. <<NOTE: Termination date.>> Funds made available by this
Act for intelligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 414) during fiscal year 2007 until the enactment of
an Act authorizing intelligence activities for fiscal year 2007.
Sec. 507. The Federal Law Enforcement Training Center shall lead the
Federal law enforcement training accreditation process, to include
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 508. None of the funds in this Act may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
to issue a letter of intent totaling in excess of $1,000,000, or to
announce publicly the intention to make such an award, unless the
Secretary of Homeland Security notifies the Committees on Appropriations
of the Senate and the House of Representatives at least three full
business days in advance: Provided, That no notification shall involve
funds that are not available for obligation: Provided further, That the
Office of Grants and Training shall brief the Committees on
Appropriations of the Senate and the House of Representatives five full
business days in advance of announcing publicly the intention of making
an award of formula-based grants; law enforcement terrorism prevention
grants; or high-threat, high-density urban areas grants.
Sec. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the House
of Representatives, except that the Federal Law Enforcement Training
Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 510. The Director of the Federal Law Enforcement Training
Center shall schedule basic and/or advanced law enforcement training at
all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that these training centers are
operated at the highest capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made available
by this Act may be used for expenses of any construction, repair,
alteration, or acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not been
approved, except that necessary funds may be expended for each project
for required expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in contravention
of the applicable provisions of the Buy American Act (41 U.S.C. 10a et
seq.).
Sec. 513. <<NOTE: 6 USC 111 note.>> Notwithstanding any other
provision of law, the authority of the Office of Personnel Management to
conduct personnel security and suitability background investigations,
update
[[Page 120 STAT. 1379]]
investigations, and periodic reinvestigations of applicants for, or
appointees in, positions in the Office of the Secretary and Executive
Management, the Office of the Under Secretary for Management, Analysis
and Operations, Immigration and Customs Enforcement, the Directorate for
Preparedness, and the Directorate of Science and Technology of the
Department of Homeland Security is transferred to the Department of
Homeland Security: Provided, That on request of the Department of
Homeland Security, the Office of Personnel Management shall cooperate
with and assist the Department in any investigation or reinvestigation
under this section: Provided further, <<NOTE: Termination date.>> That
this section shall cease to be effective at such time as the President
has selected a single agency to conduct security clearance
investigations pursuant to section 3001(c) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C.
435b) and the entity selected pursuant to section 3001(b) of such Act
has reported to Congress that the agency selected pursuant to such
section 3001(c) is capable of conducting all necessary investigations in
a timely manner or has authorized the entities within the Department of
Homeland Security covered by this section to conduct their own
investigations pursuant to section 3001 of such Act.
Sec. 514. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Secure Flight program or any other
follow on or successor passenger prescreening program, until the
Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations of
the Senate and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of section 522(a) of
Public Law 108-334 (118 Stat. 1319) have been successfully met.
(b) T <<NOTE: Reports. Deadline.>> he report required by subsection
(a) shall be submitted within 90 days after the Secretary provides the
requisite certification, and periodically thereafter, if necessary,
until the Government Accountability Office confirms that all ten
conditions have been successfully met.
(c) <<NOTE: Deadline. Plan. Certification.>> Within 90 days of
enactment of this Act, the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a detailed
plan that describes: (1) the dates for achieving key milestones,
including the date or timeframes that the Secretary will certify the
program under subsection (a); and (2) the methodology to be followed to
support the Secretary's certification, as required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or previous appropriations
Acts may be utilized for data or a database that is obtained from or
remains under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data obtained from
air carriers.
[[Page 120 STAT. 1380]]
Sec. 515. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 516. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 517. (a) None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director of
the United States Secret Service may enter into an agreement to perform
such service on a fully reimbursable basis.
(b) <<NOTE: 18 USC 3056 note.>> Beginning in fiscal year 2008, none
of the funds appropriated by this or any other Act to the United States
Secret Service shall be made available for the protection of a person,
other than persons granted protection under section 3056(a) of title 18,
United States Code, and the Secretary of Homeland Security: Provided,
That the Director of the United States Secret Service may enter into an
agreement to perform such protection on a fully reimbursable basis for
protectees not designated under section 3056(a) of title 18, United
States Code.
Sec. 518. <<NOTE: 49 USC 44901 note.>> 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) <<NOTE: Reports. Deadline.>> The Transportation Security
Administration shall report air cargo inspection statistics quarterly to
the Committees on Appropriations of the Senate and the House of
Representatives, by airport and air carrier, within 45 days after the
end of the quarter including any reason for non-compliance with the
second proviso of section 513 of the Department of Homeland Security
Appropriations Act, 2005 (Public Law 108-334, 118 Stat. 1317).
Sec. 520. For purposes of this Act, any designation referring to
this section is the designation of an amount as making appropriations
for contingency operations directly related to the global war on
terrorism, and other unanticipated defense-related operations, pursuant
to section 402 of H. Con. Res. 376 (109th Congress) as made applicable
to the House of Representatives by H. Res. 818 (109th Congress), and as
an emergency requirement pursuant to section 402 of S. Con. Res. 83
(109th Congress) as made applicable to the Senate by section 7035 of
Public Law 109-234.
Sec. 521. (a) Rescission.--From the unexpended balances of the
United States Coast Guard ``Acquisition, Construction, and
[[Page 120 STAT. 1381]]
Improvements'' account specifically identified in the Joint Explanatory
Statement (House Report 109-241) accompanying Public Law 109-90 for the
Fast Response Cutter, the service life extension program of the current
110-foot Island Class patrol boat fleet, and accelerated design and
production of the Fast Response Cutter, $78,693,508 are rescinded.
(b) Additional Appropriation.--For necessary expenses of the United
States Coast Guard for ``Acquisition, Construction, and Improvements'',
there is appropriated an additional $78,693,508, to remain available
until September 30, 2009, for the service life extension program of the
current 110-foot Island Class patrol boat fleet and the acquisition of
traditional patrol boats (``parent craft'').
Sec. 522. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under section 222
of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct
that changes be made to, delay, or prohibit the transmission to Congress
of any report prepared under paragraph (6) of such section.
Sec. 523. No funding provided by this or previous appropriation Acts
shall be available to pay the salary of any employee serving as a
contracting officer's technical representative (COTR), or anyone acting
in a similar or like capacity, who has not received COTR training.
Sec. 524. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' in fiscal years 2004, 2005, and 2006
that are recovered or deobligated shall be available only for
procurement and installation of explosive detection systems for air
cargo, baggage, and checkpoint screening systems, subject to
notification.
Sec. 525. <<NOTE: Deadline. Revision.>> (a) Within 30 days after
enactment of this Act, the Secretary of Homeland Security shall revise
Department of Homeland Security (DHS) Management Directive (MD) 11056 to
provide for the following:
(1) That when a lawful request is made to publicly release a
document containing information designated as sensitive security
information (SSI), the document shall be reviewed in a timely
manner to determine whether any information contained in the
document meets the criteria for continued SSI protection under
applicable law and regulation and shall further provide that all
portions that no longer require SSI designation be released,
subject to applicable law, including sections 552 and 552a of
title 5, United States Code;
(2) That sensitive security information that is three years
old and not incorporated in a current transportation security
directive, security plan, contingency plan, or information
circular; or does not contain current information in one of the
following SSI categories: equipment or personnel performance
specifications, vulnerability assessments, security inspection
or investigative information, threat information, security
measures, security screening information, security training
materials, identifying information of designated transportation
security personnel, critical aviation or maritime infrastructure
asset information, systems security information, confidential
business information, or research and development information
shall be subject to release upon request unless:
[[Page 120 STAT. 1382]]
(A) the Secretary or his designee makes a written
determination that identifies a rational reason why the
information must remain SSI; or
(B) such information is otherwise exempt from
disclosure under applicable law:
Provided, That any determination made by the Secretary under
clause (a)(2)(A) shall be provided to the party making a request
to release such information and to the Committees on
Appropriations of the Senate and the House of Representatives as
part of the annual reporting requirement pursuant to section 537
of the Department of Homeland Security Appropriations Act, 2006
(Public Law 109-90; 119 Stat. 2088); and
(3) Common and extensive examples of the individual
categories of SSI information cited under 49 CFR 1520(b)(1)
through (16) in order to minimize and standardize judgment by
covered persons in the application of SSI marking.
(b) <<NOTE: Reports. Deadline.>> Not later than 120 days after the
date of enactment of this Act, the Secretary of Homeland Security shall
report to the Committees on Appropriations of the Senate and the House
of Representatives on the progress that the Department has made in
implementing the requirements of this section and of section 537 of the
Department of Homeland Security Appropriations Act, 2006 (Public Law
109-90; 119 Stat. 2088).
(c) <<NOTE: Reports. Deadline.>> Not later than one year from the
date of enactment of this Act, the Government Accountability Office
shall report to the Committees on Appropriations of the Senate and the
House of Representatives on DHS progress and procedures in implementing
the requirements of this section.
(d) That in civil proceedings in the United States District Courts,
where a party seeking access to SSI demonstrates that the party has
substantial need of relevant SSI in the preparation of the party's case
and that the party is unable without undue hardship to obtain the
substantial equivalent of the information by other means, the party or
party's counsel shall be designated as a covered person under 49 CFR
Part 1520.7 in order to have access to the SSI at issue in the case,
provided that the overseeing judge enters an order that protects the SSI
from unauthorized or unnecessary disclosure and specifies the terms and
conditions of access, unless upon completion of a criminal history check
and terrorist assessment like that done for aviation workers on the
persons seeking access to SSI, or based on the sensitivity of the
information, the Transportation Security Administration or DHS
demonstrates that such access to the information for the proceeding
presents a risk of harm to the nation: Provided, That notwithstanding
any other provision of law, an order granting access to SSI under this
section shall be immediately appealable to the United States Courts of
Appeals, which shall have plenary review over both the evidentiary
finding and the sufficiency of the order specifying the terms and
conditions of access to the SSI in question: Provided further, That
notwithstanding any other provision of law, the Secretary may assess a
civil penalty of up to $50,000 for each violation of 49 CFR Part 1520 by
persons provided access to SSI under this provision.
Sec. 526. <<NOTE: 31 USC 501 note.>> The Department of Homeland
Security Working Capital Fund, established, pursuant to section 403 of
Public Law 103-356 (31 U.S.C. 501 note), shall continue operations
during fiscal year 2007.
[[Page 120 STAT. 1383]]
Sec. 527. Rescission. Of the unobligated balances from prior year
appropriations made available for the ``Counterterrorism Fund'',
$16,000,000 are rescinded.
Sec. 528. <<NOTE: Reports. Deadline. Disaster assistance.>> (a) The
report required by Public Law 109-62 and Public Law 109-90 detailing the
allocation and obligation of funds for ``Disaster Relief'' shall
hereafter be submitted monthly and include: (1) status of the Disaster
Relief Fund (DRF) including obligations, allocations, and amounts
undistributed/unallocated; (2) allocations, obligations, and
expenditures for Hurricanes Katrina, Rita, and Wilma; (3) information on
national flood insurance claims; (4) information on manufactured housing
data; (5) information on hotel/motel data; (6) obligations, allocations
and expenditures by State for unemployment, crisis counseling,
inspections, housing assistance, manufactured housing, public assistance
and individual assistance; (7) mission assignment obligations by agency,
including: (i) the amounts reimbursed to other agencies that are in
suspense because FEMA has not yet reviewed and approved the
documentation supporting the expenditure; and (ii) a disclaimer if the
amounts of reported obligations and expenditures do not reflect the
status of such obligations and expenditures from a government-wide
perspective; (8) the amount of credit card purchases by agency and
mission assignment; (9) specific reasons for all waivers granted and a
description of each waiver; and (10) a list of all contracts that were
awarded on a sole source or limited competition basis, including the
dollar amount, the purpose of the contract and the reason for the lack
of competitive award.
(b) <<NOTE: Reports. Deadline.>> The Secretary of Homeland Security
shall at least quarterly obtain and report from agencies performing
mission assignments each such agency's actual obligation and expenditure
data.
(c) For any request for reimbursement from a Federal agency to the
Department of Homeland Security to cover expenditures under the Stafford
Act (42 U.S.C. 5121 et seq.), or any mission assignment orders issued by
the Department of Homeland Security for such purposes, the Secretary of
Homeland Security shall take appropriate steps to ensure that each
agency is periodically reminded of Department of Homeland Security
policies on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
Sec. 529. Rescission. Of the unobligated balances from prior year
appropriations made available for Science and Technology, $125,000,000
from ``Research, Development, Acquisition, and Operations'' are
rescinded.
Sec. 530. None of the funds made available in this Act may be used
to enforce section 4025(1) of Public Law 108-458 if the Assistant
Secretary (Transportation Security Administration) determines that
butane lighters are not a significant threat to civil aviation security:
Provided, <<NOTE: Notification. Reports. Deadline.>> That the Assistant
Secretary (Transportation Security Administration) shall notify the
Committees on Appropriations of the Senate and the House of
Representatives 15 days in advance of such determination including a
report on whether the effectiveness of screening operations is enhanced
by suspending enforcement of the prohibition.
Sec. 531. <<NOTE: Reports. Deadline.>> Within 45 days after the
close of each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget and
staffing
[[Page 120 STAT. 1384]]
report that includes total obligations and on-board versus funded full-
time equivalent staffing levels.
Sec. 532. (a) United States Secret Service Use of Proceeds Derived
From Criminal Investigations.--During fiscal year 2007, with respect to
any undercover investigative operation of the United States Secret
Service (hereafter referred to in this section as the ``Secret
Service'') that is necessary for the detection and prosecution of crimes
against the United States--
(1) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years, may be
used for purchasing property, buildings, and other facilities,
and for leasing space, within the United States, the District of
Columbia, and the territories and possessions of the United
States, without regard to sections 1341 and 3324 of title 31,
United States Code, section 8141 of title 40, United States
Code, sections 3732(a) and 3741 of the Revised Statutes of the
United States (41 U.S.C. 11(a) and 22), and sections 304(a) and
305 of the Federal Property and Administrative Services Act of
1949 (41 U.S.C 254(a) and 255);
(2) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years, may be
used to establish or to acquire proprietary corporations or
business entities as part of such undercover operation, and to
operate such corporations or business entities on a commercial
basis, without regard to sections 9102 and 9103 of title 31,
United States Code;
(3) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years and the
proceeds from such undercover operation, may be deposited in
banks or other financial institutions, without regard to section
648 of title 18, and section 3302 of title 31, United States
Code; and
(4) proceeds from such undercover operation may be used to
offset necessary and reasonable expenses incurred in such
operation, without regard to section 3302 of title 31, United
States Code.
(b) Written Certification.--The authority set forth in subsection
(a) may be exercised only upon the written certification of the Director
of the Secret Service or designee that any action authorized by any
paragraph of such subsection is necessary for the conduct of an
undercover investigative operation. Such certification shall continue in
effect for the duration of such operation, without regard to fiscal
years.
(c) Deposit of Proceeds in Treasury.--As soon as practicable after
the proceeds from an undercover investigative operation with respect to
which an action is authorized and carried out under paragraphs (3) and
(4) of subsection (a) are no longer necessary for the conduct of such
operation, such proceeds or the balance of such proceeds remaining at
the time shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(d) Reporting and Deposit of Proceeds Upon Disposition of Certain
Business Entities.--If a corporation or business entity established or
acquired as part of an undercover investigative operation under
paragraph (2) of subsection (a) with a net value of over $50,000 is to
be liquidated, sold, or otherwise disposed of, the Secret Service, as
much in advance as the Director or designee
[[Page 120 STAT. 1385]]
determines is practicable, shall report the circumstance to the
Secretary of Homeland Security. The proceeds of the liquidation, sale,
or other disposition, after obligations are met, shall be deposited in
the Treasury of the United States as miscellaneous receipts.
(e) Financial Audits and Reports.--
(1) The Secret Service shall conduct detailed financial
audits of closed undercover investigative operations for which a
written certification was made pursuant to subsection (b) on a
quarterly basis and shall report the results of the audits in
writing to the Secretary of Homeland Security.
(2) The Secretary of Homeland Security shall annually submit
to the Committees on Appropriations of the Senate and House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, a summary of such
audits.
Sec. 533. The Director of the Domestic Nuclear Detection Office
shall operate extramural and intramural research, development,
demonstrations, testing and evaluation programs so as to distribute
funding through grants, cooperative agreements, other transactions and
contracts.
Sec. 534. <<NOTE: Mississippi. Louisiana.>> Notwithstanding any
other provision of law, the Secretary of Homeland Security shall
consider the Hancock County Port and Harbor Commission in Mississippi
eligible under the Federal Emergency Management Agency Public Assistance
Program for all costs incurred for dredging from navigation channel in
Little Lake, Louisiana, sediment deposited as a result of Hurricane
George in 1998: Provided, That the appropriate Federal share shall apply
to approval of this project.
Sec. 535. <<NOTE: Canada. Drugs.>> None of the funds made available
in this Act for United States Customs and Border Protection may be used
to prevent an individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada that
complies with the Federal Food, Drug, and Cosmetic Act: Provided, That
this section shall apply only to individuals transporting on their
person a personal-use quantity of the prescription drug, not to exceed a
90-day supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 536. The Department of Homeland Security shall, in approving
standards for State and local emergency preparedness operational plans
under section 613(b)(3) of the Robert T. Stafford Disaster and Emergency
Assistance Act (42 U.S.C. 5196b(b)(3)), account for the needs of
individuals with household pets and service animals before, during, and
following a major disaster or emergency: Provided, That Federal agencies
may provide assistance as described in section 403(a) of the Robert T.
Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5170b(a)) to
carry out the plans described in the previous proviso.
Sec. 537. Rescission. From the unobligated balances from prior year
appropriations made available for Transportation Security Administration
``Aviation Security'' and ``Headquarters Administration'', $4,776,000
are rescinded.
[[Page 120 STAT. 1386]]
Sec. 538. Rescission. From the unobligated balances from prior year
appropriations made available for Transportation Security Administration
``Aviation Security'', $61,936,000 are rescinded.
Sec. 539. Rescission. From the unexpended balances of the United
States Coast Guard ``Acquisition, Construction, and Improvements''
account specifically identified in the Joint Explanatory Statement
(House Report 109-241) accompanying the Department of Homeland Security
Act, 2006 (Public Law 109-90) for the development of the Offshore Patrol
Cutter, $20,000,000 are rescinded.
Sec. 540. Rescission. From the unexpended balances of the United
States Coast Guard ``Acquisition, Construction, and Improvements''
account specifically identified in the Joint Explanatory Statement
(House Report 109-241) accompanying the Department of Homeland Security
Act, 2006 (Public Law 109-90) for the Automatic Identification System,
$4,100,000 are rescinded.
Sec. 541. Notwithstanding the requirements of section 404(b)(2)(B)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
the Army Corps of Engineers may use Lot 19, Block 1 of the Meadowview
Acres Addition and Lot 8, Block 5 of the Meadowview Acres Addition in
Augusta, Kansas, for building portions of the flood-control levee.
Sec. 542. Notwithstanding any time limitation established for a
grant awarded under title I, chapter 6, Public Law 106-31, in the item
relating to Federal Emergency Management Agency--Disaster Assistance for
Unmet Needs, the City of Cuero, Texas, may use funds received under such
grant program until September 30, 2007.
Sec. 543. None of the funds made available by this Act shall be used
in contravention of the Federal buildings performance and reporting
requirements of Executive Order No. 13123, part 3 of title V of the
National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), or
subtitle A of title I of the Energy Policy Act of 2005 (including the
amendments made thereby).
Sec. 544. The Federal Law Enforcement Training Center instructor
staff shall be classified as inherently governmental for the purpose of
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501
note).
Sec. 545. None of the funds made available in this Act may be used
in contravention of section 303 of the Energy Policy Act of 1992 (42
U.S.C. 13212).
Sec. 546. Section 7209(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
note) is amended by striking from ``(1) Development of plan.--The
Secretary'' through ``7208(k)).'' and inserting the following:
``(1) Development of plan and implementation.--
``(A) The Secretary of Homeland Security, in
consultation with the Secretary of State, shall develop
and implement a plan as expeditiously as possible to
require a passport or other document, or combination of
documents, deemed by the Secretary of Homeland Security
to be sufficient to denote identity and citizenship, for
all travel into the United States by United States
citizens and by categories of individuals for whom
documentation requirements have previously been waived
under section 212(d)(4)(B) of the Immigration and
Nationality Act (8 U.S.C.
1182(d)(4)(B)). <<NOTE: Deadline.>> This plan shall be
implemented not
[[Page 120 STAT. 1387]]
later than three months after the Secretary of State and
the Secretary of Homeland Security make the
certifications required in subsection (B), or June 1,
2009, whichever is earlier. The plan shall seek to
expedite the travel of frequent travelers, including
those who reside in border communities, and in doing so,
shall make readily available a registered traveler
program (as described in section 7208(k)).
``(B) <<NOTE: Certification.>> The Secretary of
Homeland Security and the Secretary of State shall
jointly certify to the Committees on Appropriations of
the Senate and the House of Representatives that the
following criteria have been met prior to implementation
of section 7209(b)(1)(A)--
``(i) the National Institute of Standards and
Technology certifies that the Departments of
Homeland Security and State have selected a card
architecture that meets or exceeds International
Organization for Standardization (ISO) security
standards and meets or exceeds best available
practices for protection of personal
identification documents: Provided, That the
National Institute of Standards and Technology
shall also assist the Departments of Homeland
Security and State to incorporate into the
architecture of the card the best available
practices to prevent the unauthorized use of
information on the card: Provided further, That to
facilitate efficient cross-border travel, the
Departments of Homeland Security and State shall,
to the maximum extent possible, develop an
architecture that is compatible with information
technology systems and infrastructure used by
United States Customs and Border Protection;
``(ii) the technology to be used by the United
States for the passport card, and any subsequent
change to that technology, has been shared with
the governments of Canada and Mexico;
``(iii) an agreement has been reached with the
United States Postal Service on the fee to be
charged individuals for the passport card, and a
detailed justification has been submitted to the
Committees on Appropriations of the Senate and the
House of Representatives;
``(iv) an alternative procedure has been
developed for groups of children traveling across
an international border under adult supervision
with parental consent;
``(v) the necessary technological
infrastructure to process the passport cards has
been installed, and all employees at ports of
entry have been properly trained in the use of the
new technology;
``(vi) the passport card has been made
available for the purpose of international travel
by United States citizens through land and sea
ports of entry between the United States and
Canada, Mexico, the Caribbean and Bermuda; and
``(vii) a single implementation date for sea
and land borders has been established.''.
Sec. 547. None of the funds made available in this Act may be used
to award any contract for major disaster or emergency
[[Page 120 STAT. 1388]]
assistance activities under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act except in accordance with section 307 of such
Act (42 U.S.C. 5150).
Sec. 548. None of the funds made available in the Act may be used to
reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics, LLC (or both)
for attorneys fees related to pending litigation against Local 30 of the
International Union of Operating Engineers.
Sec. 549. Notwithstanding any other provision of law, the
acquisition management system of the Transportation Security
Administration shall be subject to the provisions of the Small Business
Act (15 U.S.C. 631 et seq.).
Sec. 550. (a) <<NOTE: Regulations. Deadline. 6 USC 121 note.>> No
later than six months after the date of enactment of this Act, the
Secretary of Homeland Security shall issue interim final regulations
establishing risk-based performance standards for security of chemical
facilities and requiring vulnerability assessments and the development
and implementation of site security plans for chemical facilities:
Provided, That such regulations shall apply to chemical facilities that,
in the discretion of the Secretary, present high levels of security
risk: Provided further, That such regulations shall permit each such
facility, in developing and implementing site security plans, to select
layered security measures that, in combination, appropriately address
the vulnerability assessment and the risk-based performance standards
for security for the facility: Provided further, That the Secretary may
not disapprove a site security plan submitted under this section based
on the presence or absence of a particular security measure, but the
Secretary may disapprove a site security plan if the plan fails to
satisfy the risk-based performance standards established by this
section: Provided further, That the Secretary may approve alternative
security programs established by private sector entities, Federal,
State, or local authorities, or other applicable laws if the Secretary
determines that the requirements of such programs meet the requirements
of this section and the interim regulations: Provided further, That the
Secretary shall review and approve each vulnerability assessment and
site security plan required under this section: Provided further, That
the Secretary shall not apply regulations issued pursuant to this
section to facilities regulated pursuant to the Maritime Transportation
Security Act of 2002, Public Law 107-295, as amended; Public Water
Systems, as defined by section 1401 of the Safe Drinking Water Act,
Public Law 93-523, as amended; Treatment Works as defined in section 212
of the Federal Water Pollution Control Act, Public Law 92-500, as
amended; any facility owned or operated by the Department of Defense or
the Department of Energy, or any facility subject to regulation by the
Nuclear Regulatory Commission.
(b) <<NOTE: Termination date. Regulations.>> Interim regulations
issued under this section shall apply until the effective date of
interim or final regulations promulgated under other laws that establish
requirements and standards referred to in subsection (a) and expressly
supersede this section: Provided, That the authority provided by this
section shall terminate three years after the date of enactment of this
Act.
(c) Notwithstanding any other provision of law and subsection (b),
information developed under this section, including vulnerability
assessments, site security plans, and other security related
information, records, and documents shall be given protections from
public disclosure consistent with similar information developed by
chemical facilities subject to regulation under section 70103 of title
[[Page 120 STAT. 1389]]
46, United States Code: Provided, That this subsection does not prohibit
the sharing of such information, as the Secretary deems appropriate,
with State and local government officials possessing the necessary
security clearances, including law enforcement officials and first
responders, for the purpose of carrying out this section, provided that
such information may not be disclosed pursuant to any State or local
law: Provided further, That in any proceeding to enforce this section,
vulnerability assessments, site security plans, and other information
submitted to or obtained by the Secretary under this section, and
related vulnerability or security information, shall be treated as if
the information were classified material.
(d) Any person who violates an order issued under this section shall
be liable for a civil penalty under section 70119(a) of title 46, United
States Code: Provided, That nothing in this section confers upon any
person except the Secretary a right of action against an owner or
operator of a chemical facility to enforce any provision of this
section.
(e) The Secretary of Homeland Security shall audit and inspect
chemical facilities for the purposes of determining compliance with the
regulations issued pursuant to this section.
(f) Nothing in this section shall be construed to supersede, amend,
alter, or affect any Federal law that regulates the manufacture,
distribution in commerce, use, sale, other treatment, or disposal of
chemical substances or mixtures.
(g) If the Secretary determines that a chemical facility is not in
compliance with this section, the Secretary shall provide the owner or
operator with written notification (including a clear explanation of
deficiencies in the vulnerability assessment and site security plan) and
opportunity for consultation, and issue an order to comply by such date
as the Secretary determines to be appropriate under the circumstances:
Provided, That if the owner or operator continues to be in
noncompliance, the Secretary may issue an order for the facility to
cease operation, until the owner or operator complies with the order.
Sec. 551. (a) Construction of Border Tunnel or Passage.--Chapter 27
of title 18, United States Code, is amended by adding at the end the
following:
``Sec. 554. Border tunnels and passages
``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses the
international border between the United States and another country,
other than a lawfully authorized tunnel or passage known to the
Secretary of Homeland Security and subject to inspection by Immigration
and Customs Enforcement, shall be fined under this title and imprisoned
for not more than 20 years.
``(b) Any person who knows or recklessly disregards the construction
or use of a tunnel or passage described in subsection (a) on land that
the person owns or controls shall be fined under this title and
imprisoned for not more than 10 years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in violation of
section 545), controlled substances, weapons of mass destruction
(including biological weapons), or a member of a terrorist organization
(as defined in section 2339B(g)(6)) shall be subject to a maximum term
of imprisonment that is twice the maximum term of
[[Page 120 STAT. 1390]]
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) <<NOTE: 28 USC 994 note.>> Directive to the United States
Sentencing Commission.--
(1) In general.--Pursuant to its authority under section 994
of title 28, United States Code, and in accordance with this
subsection, the United States Sentencing Commission shall
promulgate or amend sentencing guidelines to provide for
increased penalties for persons convicted of offenses described
in section 554 of title 18, United States Code, as added by
subsection (a).
(2) Requirements.--In carrying out this subsection, the
United States Sentencing Commission shall--
(A) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious
nature of the offenses described in section 554 of title
18, United States Code, and the need for aggressive and
appropriate law enforcement action to prevent such
offenses;
(B) provide adequate base offense levels for
offenses under such section;
(C) account for any aggravating or mitigating
circumstances that might justify exceptions, including--
(i) the use of a tunnel or passage described
in subsection (a) of such section to facilitate
other felonies; and
(ii) the circumstances for which the
sentencing guidelines currently provide applicable
sentencing enhancements;
(D) ensure reasonable consistency with other
relevant directives, other sentencing guidelines, and
statutes;
(E) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(F) ensure that the sentencing guidelines adequately
meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code.
Sec. 552. The Secretary of Homeland Security may not take any action
to alter or reduce operations within the Civil Engineering Program of
the Coast Guard nationwide, including the civil engineering units,
facilities, design and construction centers, the Coast Guard Academy,
and the Coast Guard Research and Development Center until the Committees
on Appropriations of the Senate and the House of Representatives receive
and approve a plan on changes to the Civil Engineering Program of the
Coast Guard: Provided, That the plan shall include a description of the
current functions of the Civil Engineering Program and a description of
any proposed modifications of such functions and of any proposed
modification of personnel and offices, including the rationale for such
modification; an assessment of the costs and benefits of such
modification; any proposed alternatives to such modification; and
[[Page 120 STAT. 1391]]
the processes utilized by the Coast Guard and the Office of Management
and Budget to analyze and assess such modification.
Sec. 553. None of the funds made available by this Act may be used
to take an action that would violate Executive Order No. 13149 (65 Fed.
Reg. 24607; relating to greening the government through Federal fleet
and transportation efficiency).
Sec. 554. (a) The Transportation Security Administration shall
require each air carrier and foreign air carrier that provides air
transportation or intrastate air transportation to submit plans to the
Transportation Security Administration on how such air carrier will
participate in the voluntary provision of emergency services program
established by section 44944(a) of title 49, United States Code.
(b)(1) <<NOTE: Reports. Deadline.>> Not more than 90 days after the
date of the enactment of this Act, the Transportation Security
Administration shall prepare a report that contains the following:
(A) Procedures that qualified individuals need to follow in
order to participate in the program described in subsection (a).
(B) Relevant contacts for individuals interested in
participating in the program described in subsection (a).
(2) The Transportation Security Administration shall make the report
required by paragraph (1) available, by Internet web site or other
appropriate method, to the following:
(A) The Congress.
(B) The emergency response agency of each State.
(C) The relevant organizations representing individuals to
participate in the program.
Sec. 555. <<NOTE: Reports. Deadline.>> Not later than 90 days after
the date of enactment of this Act, the Director of the Federal Emergency
Management Agency in conjunction with the Director of the National
Institute of Standards and Technology shall submit a report to the
Committees on Appropriations of the Senate and the House of
Representatives outlining Federal earthquake response plans for high-
risk earthquake regions in the United States as determined by the United
States Geological Survey.
Sec. 556. <<NOTE: Deadline. Procedures. 6 USC 485 note.>> Not later
than six months after the date of enactment of this Act, the Secretary
of Homeland Security shall establish revised procedures for
expeditiously clearing individuals whose names have been mistakenly
placed on a terrorist database list or who have names identical or
similar to individuals on a terrorist database list. The Secretary shall
advise Congress of the procedures established.
Sec. 557. Title VII of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the
end the following:
``SEC. 706. <<NOTE: 42 USC 5207.>> FIREARMS POLICIES.
``(a) Prohibition on Confiscation of Firearms.--No officer or
employee of the United States (including any member of the uniformed
services), or person operating pursuant to or under color of Federal
law, or receiving Federal funds, or under control of any Federal
official, or providing services to such an officer, employee, or other
person, while acting in support of relief from a major disaster or
emergency, may--
``(1) temporarily or permanently seize, or authorize seizure
of, any firearm the possession of which is not prohibited under
[[Page 120 STAT. 1392]]
Federal, State, or local law, other than for forfeiture in
compliance with Federal law or as evidence in a criminal
investigation;
``(2) require registration of any firearm for which
registration is not required by Federal, State, or local law;
``(3) prohibit possession of any firearm, or promulgate any
rule, regulation, or order prohibiting possession of any
firearm, in any place or by any person where such possession is
not otherwise prohibited by Federal, State, or local law; or
``(4) prohibit the carrying of firearms by any person
otherwise authorized to carry firearms under Federal, State, or
local law, solely because such person is operating under the
direction, control, or supervision of a Federal agency in
support of relief from the major disaster or emergency.
``(b) Limitation.--Nothing in this section shall be construed to
prohibit any person in subsection (a) from requiring the temporary
surrender of a firearm as a condition for entry into any mode of
transportation used for rescue or evacuation during a major disaster or
emergency, provided that such temporarily surrendered firearm is
returned at the completion of such rescue or evacuation.
``(c) Private Rights of Action.--
``(1) In general.--Any individual aggrieved by a violation
of this section may seek relief in an action at law, suit in
equity, or other proper proceeding for redress against any
person who subjects such individual, or causes such individual
to be subjected, to the deprivation of any of the rights,
privileges, or immunities secured by this section.
``(2) Remedies.--In addition to any existing remedy in law
or equity, under any law, an individual aggrieved by the seizure
or confiscation of a firearm in violation of this section may
bring an action for return of such firearm in the United States
district court in the district in which that individual resides
or in which such firearm may be found.
``(3) Attorney fees.--In any action or proceeding to enforce
this section, the court shall award the prevailing party, other
than the United States, a reasonable attorney's fee as part of
the costs.''.
Sec. 558. <<NOTE: 6 USC 981a.>> Pilot Integrated Scanning System.
(a) Designations.--
(1) In general. <<NOTE: Deadline.>> --Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Homeland Security (referred to in this section as the
``Secretary'') shall designate three foreign seaports through
which containers pass or are transshipped to the United States
to pilot an integrated scanning system that couples nonintrusive
imaging equipment and radiation detection equipment, which may
be provided by the Megaports Initiative of the Department of
Energy. In making designations under this subsection, the
Secretary shall consider three distinct ports with unique
features and differing levels of trade volume.
(2) Collaboration and cooperation.--The Secretary shall
collaborate with the Secretary of Energy and cooperate with the
private sector and host foreign government to implement the
pilot program under this subsection.
(b) Implementation. <<NOTE: Deadline.>> --Not later than one year
after the date of the enactment of this Act, the Secretary shall achieve
a full-
[[Page 120 STAT. 1393]]
scale implementation of the pilot integrated screening system, which
shall--
(1) scan all containers destined for the United States that
transit through the terminal;
(2) electronically transmit the images and information to
the container security initiative personnel in the host country
and/or Customs and Border Protection personnel in the United
States for evaluation and analysis;
(3) resolve every radiation alarm according to established
Department procedures;
(4) utilize the information collected to enhance the
Automated Targeting System or other relevant programs; and
(5) store the information for later retrieval and analysis.
(c) Evaluation.--The Secretary shall evaluate the pilot program in
subsection (b) to determine whether such a system--
(1) has a sufficiently low false alarm rate for use in the
supply chain;
(2) is capable of being deployed and operated at ports
overseas, including consideration of cost, personnel, and
infrastructure required to operate the system;
(3) is capable of integrating, where necessary, with
existing systems;
(4) does not significantly impact trade capacity and flow of
cargo at foreign or United States ports; and
(5) provides an automated notification of questionable or
high-risk cargo as a trigger for further inspection by
appropriately trained personnel.
(d) Report.--Not later than 120 days after achieving full-scale
implementation under subsection (b), the Secretary, in consultation with
the Secretary of Energy and the Secretary of State, shall submit a
report, to the appropriate congressional committees, that includes--
(1) an evaluation of the lessons derived from the pilot
program implemented under this section;
(2) an analysis of the efficacy of the Automated Targeted
System or other relevant programs in utilizing the images
captured to examine high-risk containers;
(3) an evaluation of software that is capable of
automatically identifying potential anomalies in scanned
containers; and
(4) a plan and schedule to expand the integrated scanning
system developed under this section to other container security
initiative ports.
(e) Implementation.--If the Secretary determines the available
technology meets the criteria outlined in subsection (c), the Secretary,
in cooperation with the Secretary of State, shall seek to secure the
cooperation of foreign governments to initiate and maximize the use of
such technology at foreign ports to scan all cargo bound for the United
States as quickly as possible.
Sec. 559. (a) Rescission.--From the unexpended balances of the
United States Secret Service ``Salaries and Expenses'' account
specifically identified in the Joint Explanatory Statement (House Report
109-241) accompanying the Department of Homeland Security Act, 2006
(Public Law 109-90) for National Special Security Events, $2,500,000 are
rescinded.
(b) Additional Appropriation.--For necessary expenses of the United
States Secret Service ``Protection, Administration, and
[[Page 120 STAT. 1394]]
Training'', there is appropriated an additional $2,500,000, to remain
available until expended for National Special Security Events.
Sec. 560. Transfer authority contained in section 505 of the
Homeland Security Act, as amended by title VI of this Act, shall be used
in accordance with the provisions of section 1531(a)(2) of title 31,
United States Code.
TITLE VI <<NOTE: Post-Katrina Emergency Management Reform Act of
2006.>> --NATIONAL EMERGENCY MANAGEMENT
SEC. 601. <<NOTE: 6 USC 701 note.>> SHORT TITLE.
This title may be cited as the ``Post-Katrina Emergency Management
Reform Act of 2006''.
SEC. 602. <<NOTE: 6 USC 701.>> DEFINITIONS.
In this title--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) those committees of the House of Representatives
that the Speaker of the House of Representatives
determines appropriate;
(4) the term ``catastrophic incident'' means any natural
disaster, act of terrorism, or other man-made disaster that
results in extraordinary levels of casualties or damage or
disruption severely affecting the population (including mass
evacuations), infrastructure, environment, economy, national
morale, or government functions in an area;
(5) the term ``Department'' means the Department of Homeland
Security;
(6) the terms ``emergency'' and ``major disaster'' have the
meanings given the terms in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122);
(7) the term ``emergency management'' means the governmental
function that coordinates and integrates all activities
necessary to build, sustain, and improve the capability to
prepare for, protect against, respond to, recover from, or
mitigate against threatened or actual natural disasters, acts of
terrorism, or other man-made disasters;
(8) the term ``emergency response provider'' has the meaning
given the term in section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101), as amended by this Act;
(9) the term ``Federal coordinating officer'' means a
Federal coordinating officer as described in section 302 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5143);
(10) the term ``individual with a disability'' has the
meaning given the term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102);
[[Page 120 STAT. 1395]]
(11) the terms ``local government'' and ``State'' have the
meaning given the terms in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101);
(12) the term ``National Incident Management System'' means
a system to enable effective, efficient, and collaborative
incident management;
(13) the term ``National Response Plan'' means the National
Response Plan or any successor plan prepared under section
502(a)(6) of the Homeland Security Act of 2002 (as amended by
this Act);
(14) the term ``Secretary'' means the Secretary of Homeland
Security;
(15) the term ``surge capacity'' means the ability to
rapidly and substantially increase the provision of search and
rescue capabilities, food, water, medicine, shelter and housing,
medical care, evacuation capacity, staffing (including disaster
assistance employees), and other resources necessary to save
lives and protect property during a catastrophic incident; and
(16) the term ``tribal government'' means the government of
an Indian tribe or authorized tribal organization, or in Alaska
a Native village or Alaska Regional Native Corporation.
Subtitle A--Federal Emergency Management Agency
SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.)
is amended--
(1) by striking the title heading and inserting the
following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT'';
(2) by striking section 501;
(3) by striking section 503;
(4) by striking section 507;
(5) by striking section 510 (relating to urban and other
high risk area communications capabilities);
(6) by redesignating sections 504, 505, 508, and 509 as
sections 517, 518, 519, and 520, respectively;
(7) by redesignating section 510 (relating to procurement of
security countermeasures for the strategic national stockpile)
as section 521;
(8) by redesignating section 502 as section 504;
(9) by redesignating section 506 as section 502 and
transferring that section to before section 504, as redesignated
by paragraph (8) of this section;
(10) by inserting before section 502, as redesignated and
transferred by paragraph (9) of this section, the following:
``SEC. 501. DEFINITIONS.
``In this title--
``(1) the term `Administrator' means the Administrator of
the Agency;
[[Page 120 STAT. 1396]]
``(2) the term `Agency' means the Federal Emergency
Management Agency;
``(3) the term `catastrophic incident' means any natural
disaster, act of terrorism, or other man-made disaster that
results in extraordinary levels of casualties or damage or
disruption severely affecting the population (including mass
evacuations), infrastructure, environment, economy, national
morale, or government functions in an area;
``(4) the term `Federal coordinating officer' means a
Federal coordinating officer as described in section 302 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5143);
``(5) the term `interoperable' has the meaning given the
term `interoperable communications' under section 7303(g)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(g)(1));
``(6) the term `National Incident Management System' means a
system to enable effective, efficient, and collaborative
incident management;
``(7) the term `National Response Plan' means the National
Response Plan or any successor plan prepared under section
502(a)(6);
``(8) the term `Regional Administrator' means a Regional
Administrator appointed under section 507;
``(9) the term `Regional Office' means a Regional Office
established under section 507;
``(10) the term `surge capacity' means the ability to
rapidly and substantially increase the provision of search and
rescue capabilities, food, water, medicine, shelter and housing,
medical care, evacuation capacity, staffing (including disaster
assistance employees), and other resources necessary to save
lives and protect property during a catastrophic incident; and
``(11) the term `tribal government' means the government of
any entity described in section 2(10)(B).'';
(11) by inserting after section 502, as redesignated and
transferred by paragraph (9) of this section, the following:
``SEC. 503. <<NOTE: 6 USC 313.>> FEDERAL EMERGENCY MANAGEMENT AGENCY.
``(a) In General.--There is in the Department the Federal Emergency
Management Agency, headed by an Administrator.
``(b) Mission.--
``(1) Primary mission.--The primary mission of the Agency is
to reduce the loss of life and property and protect the Nation
from all hazards, including natural disasters, acts of
terrorism, and other man-made disasters, by leading and
supporting the Nation in a risk-based, comprehensive emergency
management system of preparedness, protection, response,
recovery, and mitigation.
``(2) Specific activities.--In support of the primary
mission of the Agency, the Administrator shall--
``(A) lead the Nation's efforts to prepare for,
protect against, respond to, recover from, and mitigate
against the risk of natural disasters, acts of
terrorism, and other man-made disasters, including
catastrophic incidents;
``(B) partner with State, local, and tribal
governments and emergency response providers, with other
Federal
[[Page 120 STAT. 1397]]
agencies, with the private sector, and with
nongovernmental organizations to build a national system
of emergency management that can effectively and
efficiently utilize the full measure of the Nation's
resources to respond to natural disasters, acts of
terrorism, and other man-made disasters, including
catastrophic incidents;
``(C) develop a Federal response capability that,
when necessary and appropriate, can act effectively and
rapidly to deliver assistance essential to saving lives
or protecting or preserving property or public health
and safety in a natural disaster, act of terrorism, or
other man-made disaster;
``(D) integrate the Agency's emergency preparedness,
protection, response, recovery, and mitigation
responsibilities to confront effectively the challenges
of a natural disaster, act of terrorism, or other man-
made disaster;
``(E) develop and maintain robust Regional Offices
that will work with State, local, and tribal
governments, emergency response providers, and other
appropriate entities to identify and address regional
priorities;
``(F) under the leadership of the Secretary,
coordinate with the Commandant of the Coast Guard, the
Director of Customs and Border Protection, the Director
of Immigration and Customs Enforcement, the National
Operations Center, and other agencies and offices in the
Department to take full advantage of the substantial
range of resources in the Department;
``(G) provide funding, training, exercises,
technical assistance, planning, and other assistance to
build tribal, local, State, regional, and national
capabilities (including communications capabilities),
necessary to respond to a natural disaster, act of
terrorism, or other man-made disaster; and
``(H) develop and coordinate the implementation of a
risk-based, all-hazards strategy for preparedness that
builds those common capabilities necessary to respond to
natural disasters, acts of terrorism, and other man-made
disasters while also building the unique capabilities
necessary to respond to specific types of incidents that
pose the greatest risk to our Nation.
``(c) Administrator.--
``(1) In general.--The Administrator shall be appointed by
the President, by and with the advice and consent of the Senate.
``(2) Qualifications.--The Administrator shall be appointed
from among individuals who have--
``(A) a demonstrated ability in and knowledge of
emergency management and homeland security; and
``(B) not less than 5 years of executive leadership
and management experience in the public or private
sector.
``(3) Reporting.--The Administrator shall report to the
Secretary, without being required to report through any other
official of the Department.
``(4) Principal advisor on emergency management.--
``(A) In general.--The Administrator is the
principal advisor to the President, the Homeland
Security Council,
[[Page 120 STAT. 1398]]
and the Secretary for all matters relating to emergency
management in the United States.
``(B) Advice and recommendations.--
``(i) In general.--In presenting advice with
respect to any matter to the President, the
Homeland Security Council, or the Secretary, the
Administrator shall, as the Administrator
considers appropriate, inform the President, the
Homeland Security Council, or the Secretary, as
the case may be, of the range of emergency
preparedness, protection, response, recovery, and
mitigation options with respect to that matter.
``(ii) Advice on request.--The Administrator,
as the principal advisor on emergency management,
shall provide advice to the President, the
Homeland Security Council, or the Secretary on a
particular matter when the President, the Homeland
Security Council, or the Secretary requests such
advice.
``(iii) Recommendations to congress.--After
informing the Secretary, the Administrator may
make such recommendations to Congress relating to
emergency management as the Administrator
considers appropriate.
``(5) Cabinet status.--
``(A) In general.--The President may designate the
Administrator to serve as a member of the Cabinet in the
event of natural disasters, acts of terrorism, or other
man-made disasters.
``(B) Retention of authority.--Nothing in this
paragraph shall be construed as affecting the authority
of the Secretary under this Act.'';
(12) <<NOTE: 6 USC 314.>> in section 504, as redesignated by
paragraph (8) of this section--
(A) in the section heading, by inserting
``<SUP>authority</SUP> and</SUP>'' before
``<SUP>responsibilities</SUP>'';
(B) by striking the matter preceding paragraph (1)
and inserting the following:
``(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond to,
recover from, or mitigate against a natural disaster, act of terrorism,
or other man-made disaster, including--'';
(C) in paragraph (6), by striking ``and'' at the
end; and
(D) by striking paragraph (7) and inserting the
following:
``(7) helping ensure the acquisition of operable and
interoperable communications capabilities by Federal, State,
local, and tribal governments and emergency response providers;
``(8) assisting the President in carrying out the functions
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all
functions and authorities given to the Administrator under that
Act;
``(9) carrying out the mission of the Agency to reduce the
loss of life and property and protect the Nation from all
hazards by leading and supporting the Nation in a risk-based,
comprehensive emergency management system of--
[[Page 120 STAT. 1399]]
``(A) mitigation, by taking sustained actions to
reduce or eliminate long-term risks to people and
property from hazards and their effects;
``(B) preparedness, by planning, training, and
building the emergency management profession to prepare
effectively for, mitigate against, respond to, and
recover from any hazard;
``(C) response, by conducting emergency operations
to save lives and property through positioning emergency
equipment, personnel, and supplies, through evacuating
potential victims, through providing food, water,
shelter, and medical care to those in need, and through
restoring critical public services; and
``(D) recovery, by rebuilding communities so
individuals, businesses, and governments can function on
their own, return to normal life, and protect against
future hazards;
``(10) increasing efficiencies, by coordinating efforts
relating to preparedness, protection, response, recovery, and
mitigation;
``(11) helping to ensure the effectiveness of emergency
response providers in responding to a natural disaster, act of
terrorism, or other man-made disaster;
``(12) supervising grant programs administered by the
Agency;
``(13) administering and ensuring the implementation of the
National Response Plan, including coordinating and ensuring the
readiness of each emergency support function under the National
Response Plan;
``(14) coordinating with the National Advisory Council
established under section 508;
``(15) preparing and implementing the plans and programs of
the Federal Government for--
``(A) continuity of operations;
``(B) continuity of government; and
``(C) continuity of plans;
``(16) minimizing, to the extent practicable, overlapping
planning and reporting requirements applicable to State, local,
and tribal governments and the private sector;
``(17) maintaining and operating within the Agency the
National Response Coordination Center or its successor;
``(18) developing a national emergency management system
that is capable of preparing for, protecting against, responding
to, recovering from, and mitigating against catastrophic
incidents;
``(19) assisting the President in carrying out the functions
under the national preparedness goal and the national
preparedness system and carrying out all functions and
authorities of the Administrator under the national preparedness
System;
``(20) carrying out all authorities of the Federal Emergency
Management Agency and the Directorate of Preparedness of the
Department as transferred under section 505; and
``(21) otherwise carrying out the mission of the Agency as
described in section 503(b).
``(b) All-Hazards Approach.--In carrying out the responsibilities
under this section, the Administrator shall coordinate the
implementation of a risk-based, all-hazards strategy that builds
[[Page 120 STAT. 1400]]
those common capabilities necessary to prepare for, protect against,
respond to, recover from, or mitigate against natural disasters, acts of
terrorism, and other man-made disasters, while also building the unique
capabilities necessary to prepare for, protect against, respond to,
recover from, or mitigate against the risks of specific types of
incidents that pose the greatest risk to the Nation.''; and
(13) by inserting after section 504, as redesignated by
paragraph (8) of this section, the following:
``SEC. 505. <<NOTE: 6 USC 315.>> FUNCTIONS TRANSFERRED.
``(a) In General.--Except as provided in subsection (b), there are
transferred to the Agency the following:
``(1) All functions of the Federal Emergency Management
Agency, including existing responsibilities for emergency alert
systems and continuity of operations and continuity of
government plans and programs as constituted on June 1, 2006,
including all of its personnel, assets, components, authorities,
grant programs, and liabilities, and including the functions of
the Under Secretary for Federal Emergency Management relating
thereto.
``(2) The Directorate of Preparedness, as constituted on
June 1, 2006, including all of its functions, personnel, assets,
components, authorities, grant programs, and liabilities, and
including the functions of the Under Secretary for Preparedness
relating thereto.
``(b) Exceptions.--The following within the Preparedness Directorate
shall not be transferred:
``(1) The Office of Infrastructure Protection.
``(2) The National Communications System.
``(3) The National Cybersecurity Division.
``(4) The Office of the Chief Medical Officer.
``(5) The functions, personnel, assets, components,
authorities, and liabilities of each component described under
paragraphs (1) through (4).
``SEC. 506. <<NOTE: 6 USC 316.>> PRESERVING THE FEDERAL EMERGENCY
MANAGEMENT AGENCY.
``(a) Distinct Entity.--The Agency shall be maintained as a distinct
entity within the Department.
``(b) Reorganization.--Section 872 shall not apply to the Agency,
including any function or organizational unit of the Agency.
``(c) Prohibition on Changes to Missions.--
``(1) In general.--The Secretary may not substantially or
significantly reduce the authorities, responsibilities, or
functions of the Agency or the capability of the Agency to
perform those missions, authorities, responsibilities, except as
otherwise specifically provided in an Act enacted after the date
of enactment of the Post-Katrina Emergency Management Reform Act
of 2006.
``(2) Certain transfers prohibited.--No asset, function, or
mission of the Agency may be diverted to the principal and
continuing use of any other organization, unit, or entity of the
Department, except for details or assignments that do not reduce
the capability of the Agency to perform its missions.
``(d) Reprogramming and Transfer of Funds.--In reprogramming or
transferring funds, the Secretary shall comply with any applicable
provisions of any Act making appropriations for the
[[Page 120 STAT. 1401]]
Department for fiscal year 2007, or any succeeding fiscal year, relating
to the reprogramming or transfer of funds.
``SEC. 507. <<NOTE: 6 USC 317.>> REGIONAL OFFICES.
``(a) In General.--There are in the Agency 10 regional offices, as
identified by the Administrator.
``(b) Management of Regional Offices.--
``(1) Regional administrator.--Each Regional Office shall be
headed by a Regional Administrator who shall be appointed by the
Administrator, after consulting with State, local, and tribal
government officials in the region. Each Regional Administrator
shall report directly to the Administrator and be in the Senior
Executive Service.
``(2) Qualifications.--
``(A) In general.--Each Regional Administrator shall
be appointed from among individuals who have a
demonstrated ability in and knowledge of emergency
management and homeland security.
``(B) Considerations.--In selecting a Regional
Administrator for a Regional Office, the Administrator
shall consider the familiarity of an individual with the
geographical area and demographic characteristics of the
population served by such Regional Office.
``(c) Responsibilities.--
``(1) In general.--The Regional Administrator shall work in
partnership with State, local, and tribal governments, emergency
managers, emergency response providers, medical providers, the
private sector, nongovernmental organizations,
multijurisdictional councils of governments, and regional
planning commissions and organizations in the geographical area
served by the Regional Office to carry out the responsibilities
of a Regional Administrator under this section.
``(2) Responsibilities.--The responsibilities of a Regional
Administrator include--
``(A) ensuring effective, coordinated, and
integrated regional preparedness, protection, response,
recovery, and mitigation activities and programs for
natural disasters, acts of terrorism, and other man-made
disasters (including planning, training, exercises, and
professional development);
``(B) assisting in the development of regional
capabilities needed for a national catastrophic response
system;
``(C) coordinating the establishment of effective
regional operable and interoperable emergency
communications capabilities;
``(D) staffing and overseeing 1 or more strike teams
within the region under subsection (f), to serve as the
focal point of the Federal Government's initial response
efforts for natural disasters, acts of terrorism, and
other man-made disasters within that region, and
otherwise building Federal response capabilities to
respond to natural disasters, acts of terrorism, and
other man-made disasters within that region;
``(E) designating an individual responsible for the
development of strategic and operational regional plans
in support of the National Response Plan;
[[Page 120 STAT. 1402]]
``(F) fostering the development of mutual aid and
other cooperative agreements;
``(G) identifying critical gaps in regional
capabilities to respond to populations with special
needs;
``(H) maintaining and operating a Regional Response
Coordination Center or its successor; and
``(I) performing such other duties relating to such
responsibilities as the Administrator may require.
``(3) Training and exercise requirements.--
``(A) Training.--The Administrator shall require
each Regional Administrator to undergo specific training
periodically to complement the qualifications of the
Regional Administrator. Such training, as appropriate,
shall include training with respect to the National
Incident Management System, the National Response Plan,
and such other subjects as determined by the
Administrator.
``(B) Exercises.--The Administrator shall require
each Regional Administrator to participate as
appropriate in regional and national exercises.
``(d) Area Offices.--
``(1) In general.--There is an Area Office for the Pacific
and an Area Office for the Caribbean, as components in the
appropriate Regional Offices.
``(2) Alaska.--The Administrator shall establish an Area
Office in Alaska, as a component in the appropriate Regional
Office.
``(e) Regional Advisory Council.--
``(1) Establishment.--Each Regional Administrator shall
establish a Regional Advisory Council.
``(2) Nominations.--A State, local, or tribal government
located within the geographic area served by the Regional Office
may nominate officials, including Adjutants General and
emergency managers, to serve as members of the Regional Advisory
Council for that region.
``(3) Responsibilities.--Each Regional Advisory Council
shall--
``(A) advise the Regional Administrator on emergency
management issues specific to that region;
``(B) identify any geographic, demographic, or other
characteristics peculiar to any State, local, or tribal
government within the region that might make
preparedness, protection, response, recovery, or
mitigation more complicated or difficult; and
``(C) advise the Regional Administrator of any
weaknesses or deficiencies in preparedness, protection,
response, recovery, and mitigation for any State, local,
and tribal government within the region of which the
Regional Advisory Council is aware.
``(f) Regional Office Strike Teams.--
``(1) In general.--In coordination with other relevant
Federal agencies, each Regional Administrator shall oversee
multi-agency strike teams authorized under section 303 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5144) that shall consist of--
``(A) a designated Federal coordinating officer;
``(B) personnel trained in incident management;
[[Page 120 STAT. 1403]]
``(C) public affairs, response and recovery, and
communications support personnel;
``(D) a defense coordinating officer;
``(E) liaisons to other Federal agencies;
``(F) such other personnel as the Administrator or
Regional Administrator determines appropriate; and
``(G) individuals from the agencies with primary
responsibility for each of the emergency support
functions in the National Response Plan.
``(2) Other duties.--The duties of an individual assigned to
a Regional Office strike team from another relevant agency when
such individual is not functioning as a member of the strike
team shall be consistent with the emergency preparedness
activities of the agency that employs such individual.
``(3) Location of members.--The members of each Regional
Office strike team, including representatives from agencies
other than the Department, shall be based primarily within the
region that corresponds to that strike team.
``(4) Coordination.--Each Regional Office strike team shall
coordinate the training and exercises of that strike team with
the State, local, and tribal governments and private sector and
nongovernmental entities which the strike team shall support
when a natural disaster, act of terrorism, or other man-made
disaster occurs.
``(5) Preparedness.--Each Regional Office strike team shall
be trained as a unit on a regular basis and equipped and staffed
to be well prepared to respond to natural disasters, acts of
terrorism, and other man-made disasters, including catastrophic
incidents.
``(6) Authorities.--If the Administrator determines that
statutory authority is inadequate for the preparedness and
deployment of individuals in strike teams under this subsection,
the Administrator shall report to Congress regarding the
additional statutory authorities that the Administrator
determines are necessary.
``SEC. 508. <<NOTE: 6 USC 318.>> NATIONAL ADVISORY COUNCIL.
``(a) Establishment. <<NOTE: Deadline.>> --Not later than 60 days
after the date of enactment of the Post-Katrina Emergency Management
Reform Act of 2006, the Secretary shall establish an advisory body under
section 871(a) to ensure effective and ongoing coordination of Federal
preparedness, protection, response, recovery, and mitigation for natural
disasters, acts of terrorism, and other man-made disasters, to be known
as the National Advisory Council.
``(b) Responsibilities.--The National Advisory Council shall advise
the Administrator on all aspects of emergency management. The National
Advisory Council shall incorporate State, local, and tribal government
and private sector input in the development and revision of the national
preparedness goal, the national preparedness system, the National
Incident Management System, the National Response Plan, and other
related plans and strategies.
``(c) Membership.--
``(1) In general.--The members of the National Advisory
Council shall be appointed by the Administrator, and shall, to
the extent practicable, represent a geographic (including urban
and rural) and substantive cross section of officials, emergency
managers, and emergency response providers from
[[Page 120 STAT. 1404]]
State, local, and tribal governments, the private sector, and
nongovernmental organizations, including as appropriate--
``(A) members selected from the emergency management
field and emergency response providers, including fire
service, law enforcement, hazardous materials response,
emergency medical services, and emergency management
personnel, or organizations representing such
individuals;
``(B) health scientists, emergency and inpatient
medical providers, and public health professionals;
``(C) experts from Federal, State, local, and tribal
governments, and the private sector, representing
standards-setting and accrediting organizations,
including representatives from the voluntary consensus
codes and standards development community, particularly
those with expertise in the emergency preparedness and
response field;
``(D) State, local, and tribal government officials
with expertise in preparedness, protection, response,
recovery, and mitigation, including Adjutants General;
``(E) elected State, local, and tribal government
executives;
``(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
``(G) representatives of individuals with
disabilities and other populations with special needs;
and
``(H) such other individuals as the Administrator
determines to be appropriate.
``(2) Coordination with the departments of health and human
services and transportation.--In the selection of members of the
National Advisory Council who are health or emergency medical
services professionals, the Administrator shall work with the
Secretary of Health and Human Services and the Secretary of
Transportation.
``(3) Ex officio members.--The Administrator shall designate
1 or more officers of the Federal Government to serve as ex
officio members of the National Advisory Council.
``(4) Terms of office.--
``(A) In general.--Except as provided in
subparagraph (B), the term of office of each member of
the National Advisory Council shall be 3 years.
``(B) Initial appointments.--Of the members
initially appointed to the National Advisory Council--
``(i) one-third shall be appointed for a term
of 1 year; and
``(ii) one-third shall be appointed for a term
of 2 years.
``(d) Applicability of Federal Advisory Committee Act.--
``(1) In general.--Notwithstanding section 871(a) and
subject to paragraph (2), the Federal Advisory Committee Act (5
U.S.C. App.), including subsections (a), (b), and (d) of section
10 of such Act, and section 552b(c) of title 5, United States
Code, shall apply to the National Advisory Council.
``(2) Termination.--Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the National
Advisory Council.
[[Page 120 STAT. 1405]]
``SEC. 509. <<NOTE: 6 USC 319.>> NATIONAL INTEGRATION CENTER.
``(a) In General.--There is established in the Agency a National
Integration Center.
``(b) Responsibilities.--
``(1) In general.--The Administrator, through the National
Integration Center, and in consultation with other Federal
departments and agencies and the National Advisory Council,
shall ensure ongoing management and maintenance of the National
Incident Management System, the National Response Plan, and any
successor to such system or plan.
``(2) Specific responsibilities.--The National Integration
Center shall periodically review, and revise as appropriate, the
National Incident Management System and the National Response
Plan, including--
``(A) establishing, in consultation with the
Director of the Corporation for National and Community
Service, a process to better use volunteers and
donations;
``(B) improving the use of Federal, State, local,
and tribal resources and ensuring the effective use of
emergency response providers at emergency scenes; and
``(C) revising the Catastrophic Incident Annex,
finalizing and releasing the Catastrophic Incident
Supplement to the National Response Plan, and ensuring
that both effectively address response requirements in
the event of a catastrophic incident.
``(c) Incident Management.--
``(1) In general.--
``(A) National response plan.--The Secretary, acting
through the Administrator, shall ensure that the
National Response Plan provides for a clear chain of
command to lead and coordinate the Federal response to
any natural disaster, act of terrorism, or other man-
made disaster.
``(B) Administrator.--The chain of the command
specified in the National Response Plan shall--
``(i) provide for a role for the Administrator
consistent with the role of the Administrator as
the principal emergency management advisor to the
President, the Homeland Security Council, and the
Secretary under section 503(c)(4) and the
responsibility of the Administrator under the
Post-Katrina Emergency Management Reform Act of
2006, and the amendments made by that Act,
relating to natural disasters, acts of terrorism,
and other man-made disasters; and
``(ii) provide for a role for the Federal
Coordinating Officer consistent with the
responsibilities under section 302(b) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)).
``(2) Principal federal official.--The Principal Federal
Official (or the successor thereto) shall not--
``(A) direct or replace the incident command
structure established at the incident; or
``(B) have directive authority over the Senior
Federal Law Enforcement Official, Federal Coordinating
Officer, or other Federal and State officials.
[[Page 120 STAT. 1406]]
``SEC. 510. <<NOTE: 6 USC 320.>> CREDENTIALING AND TYPING.
``The Administrator shall enter into a memorandum of understanding
with the administrators of the Emergency Management Assistance Compact,
State, local, and tribal governments, and organizations that represent
emergency response providers, to collaborate on developing standards for
deployment capabilities, including credentialing of personnel and typing
of resources likely needed to respond to natural disasters, acts of
terrorism, and other man-made disasters.
``SEC. 511. <<NOTE: 6 USC 321.>> THE NATIONAL INFRASTRUCTURE SIMULATION
AND ANALYSIS CENTER.
``(a) Definition.--In this section, the term `National
Infrastructure Simulation and Analysis Center' means the National
Infrastructure Simulation and Analysis Center established under section
1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
``(b) Authority.--
``(1) In general.--There is in the Department the National
Infrastructure Simulation and Analysis Center which shall serve
as a source of national expertise to address critical
infrastructure protection and continuity through support for
activities related to--
``(A) counterterrorism, threat assessment, and risk
mitigation; and
``(B) a natural disaster, act of terrorism, or other
man-made disaster.
``(2) Infrastructure modeling.--
``(A) Particular support.--The support provided
under paragraph (1) shall include modeling, simulation,
and analysis of the systems and assets comprising
critical infrastructure, in order to enhance
preparedness, protection, response, recovery, and
mitigation activities.
``(B) Relationship with other agencies.--Each
Federal agency and department with critical
infrastructure responsibilities under Homeland Security
Presidential Directive 7, or any successor to such
directive, shall establish a formal relationship,
including an agreement regarding information sharing,
between the elements of such agency or department and
the National Infrastructure Simulation and Analysis
Center, through the Department.
``(C) Purpose.--
``(i) In general.--The purpose of the
relationship under subparagraph (B) shall be to
permit each Federal agency and department
described in subparagraph (B) to take full
advantage of the capabilities of the National
Infrastructure Simulation and Analysis Center
(particularly vulnerability and consequence
analysis), consistent with its work load capacity
and priorities, for real-time response to reported
and projected natural disasters, acts of
terrorism, and other man-made disasters.
``(ii) Recipient of certain support.--
Modeling, simulation, and analysis provided under
this subsection shall be provided to relevant
Federal agencies and departments, including
Federal agencies and
[[Page 120 STAT. 1407]]
departments with critical infrastructure
responsibilities under Homeland Security
Presidential Directive 7, or any successor to such
directive.
``SEC. 512. <<NOTE: 6 USC 321a.>> EVACUATION PLANS AND EXERCISES.
``(a) In General.--Notwithstanding any other provision of law, and
subject to subsection (d), grants made to States or local or tribal
governments by the Department through the State Homeland Security Grant
Program or the Urban Area Security Initiative may be used to--
``(1) establish programs for the development and maintenance
of mass evacuation plans under subsection (b) in the event of a
natural disaster, act of terrorism, or other man-made disaster;
``(2) prepare for the execution of such plans, including the
development of evacuation routes and the purchase and
stockpiling of necessary supplies and shelters; and
``(3) conduct exercises of such plans.
``(b) Plan Development.--In developing the mass evacuation plans
authorized under subsection (a), each State, local, or tribal government
shall, to the maximum extent practicable--
``(1) establish incident command and decision making
processes;
``(2) ensure that State, local, and tribal government plans,
including evacuation routes, are coordinated and integrated;
``(3) identify primary and alternative evacuation routes and
methods to increase evacuation capabilities along such routes
such as conversion of two-way traffic to one-way evacuation
routes;
``(4) identify evacuation transportation modes and
capabilities, including the use of mass and public transit
capabilities, and coordinating and integrating evacuation plans
for all populations including for those individuals located in
hospitals, nursing homes, and other institutional living
facilities;
``(5) develop procedures for informing the public of
evacuation plans before and during an evacuation, including
individuals--
``(A) with disabilities or other special needs;
``(B) with limited English proficiency; or
``(C) who might otherwise have difficulty in
obtaining such information; and
``(6) identify shelter locations and capabilities.
``(c) Assistance.--
``(1) In general.--The Administrator may establish any
guidelines, standards, or requirements determined appropriate to
administer this section and to ensure effective mass evacuation
planning for State, local, and tribal areas.
``(2) Requested assistance.--The Administrator shall make
assistance available upon request of a State, local, or tribal
government to assist hospitals, nursing homes, and other
institutions that house individuals with special needs to
establish, maintain, and exercise mass evacuation plans that are
coordinated and integrated into the plans developed by that
State, local, or tribal government under this section.
``(d) Multipurpose Funds.--Nothing in this section may be construed
to preclude a State, local, or tribal government from using grant funds
in a manner that enhances preparedness for
[[Page 120 STAT. 1408]]
a natural or man-made disaster unrelated to an act of terrorism, if such
use assists such government in building capabilities for terrorism
preparedness.
``SEC. 513. <<NOTE: 6 USC 321b.>> DISABILITY COORDINATOR.
``(a) In General.--After consultation with organizations
representing individuals with disabilities, the National Council on
Disabilities, and the Interagency Coordinating Council on Preparedness
and Individuals with Disabilities, established under Executive Order No.
13347 (6 U.S.C. 312 note), the Administrator shall appoint a Disability
Coordinator. The Disability Coordinator shall report directly to the
Administrator, in order to ensure that the needs of individuals with
disabilities are being properly addressed in emergency preparedness and
disaster relief.
``(b) Responsibilities.--The Disability Coordinator shall be
responsible for--
``(1) providing guidance and coordination on matters related
to individuals with disabilities in emergency planning
requirements and relief efforts in the event of a natural
disaster, act of terrorism, or other man-made disaster;
``(2) interacting with the staff of the Agency, the National
Council on Disabilities, the Interagency Coordinating Council on
Preparedness and Individuals with Disabilities established under
Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of
the Federal Government, and State, local, and tribal government
authorities regarding the needs of individuals with disabilities
in emergency planning requirements and relief efforts in the
event of a natural disaster, act of terrorism, or other man-made
disaster;
``(3) consulting with organizations that represent the
interests and rights of individuals with disabilities about the
needs of individuals with disabilities in emergency planning
requirements and relief efforts in the event of a natural
disaster, act of terrorism, or other man-made disaster;
``(4) ensuring the coordination and dissemination of best
practices and model evacuation plans for individuals with
disabilities;
``(5) ensuring the development of training materials and a
curriculum for training of emergency response providers, State,
local, and tribal government officials, and others on the needs
of individuals with disabilities;
``(6) promoting the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
``(7) working to ensure that video programming distributors,
including broadcasters, cable operators, and satellite
television services, make emergency information accessible to
individuals with hearing and vision disabilities;
``(8) ensuring the availability of accessible transportation
options for individuals with disabilities in the event of an
evacuation;
``(9) providing guidance and implementing policies to ensure
that the rights and wishes of individuals with disabilities
regarding post-evacuation residency and relocation are
respected;
``(10) ensuring that meeting the needs of individuals with
disabilities are included in the components of the national
[[Page 120 STAT. 1409]]
preparedness system established under section 644 of the Post-
Katrina Emergency Management Reform Act of 2006; and
``(11) any other duties as assigned by the Administrator.
``SEC. 514. <<NOTE: 6 USC 321c.>> DEPARTMENT AND AGENCY OFFICIALS.
``(a) Deputy Administrators.--The President may appoint, by and with
the advice and consent of the Senate, not more than 4 Deputy
Administrators to assist the Administrator in carrying out this title.
``(b) Cybersecurity and Communications.--There is in the Department
an Assistant Secretary for Cybersecurity and Communications.
``(c) United States Fire Administration.--The Administrator of the
United States Fire Administration shall have a rank equivalent to an
assistant secretary of the Department.
``SEC. 515. <<NOTE: 6 USC 321d.>> NATIONAL OPERATIONS CENTER.
``(a) Definition.--In this section, the term `situational awareness'
means information gathered from a variety of sources that, when
communicated to emergency managers and decision makers, can form the
basis for incident management decisionmaking.
``(b) Establishment.--The National Operations Center is the
principal operations center for the Department and shall--
``(1) provide situational awareness and a common operating
picture for the entire Federal Government, and for State, local,
and tribal governments as appropriate, in the event of a natural
disaster, act of terrorism, or other man-made disaster; and
``(2) ensure that critical terrorism and disaster-related
information reaches government decision-makers.
``SEC. 516. <<NOTE: 6 USC 321e.>> CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President, by and with the advice
and consent of the Senate.
``(b) Qualifications.--The individual appointed as Chief Medical
Officer shall possess a demonstrated ability in and knowledge of
medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall have the
primary responsibility within the Department for medical issues related
to natural disasters, acts of terrorism, and other man-made disasters,
including--
``(1) serving as the principal advisor to the Secretary and
the Administrator on medical and public health issues;
``(2) coordinating the biodefense activities of the
Department;
``(3) ensuring internal and external coordination of all
medical preparedness and response activities of the Department,
including training, exercises, and equipment support;
``(4) serving as the Department's primary point of contact
with the Department of Agriculture, the Department of Defense,
the Department of Health and Human Services, the Department of
Transportation, the Department of Veterans Affairs, and other
Federal departments or agencies, on medical and public health
issues;
``(5) serving as the Department's primary point of contact
for State, local, and tribal governments, the medical community,
and others within and outside the Department, with respect to
medical and public health matters;
[[Page 120 STAT. 1410]]
``(6) discharging, in coordination with the Under Secretary
for Science and Technology, the responsibilities of the
Department related to Project Bioshield; and
``(7) performing such other duties relating to such
responsibilities as the Secretary may require.''.
SEC. 612. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Executive Schedule.--
(1) Administrator.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator of the Federal Emergency Management
Agency.''.
(2) Deputy administrators.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following:
``Deputy Administrators, Federal Emergency Management
Agency.''.
(3) Chief medical officer.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Chief Medical Officer, Department of Homeland Security.''.
(b) Officers of the Department.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) An Administrator of the Federal Emergency Management
Agency.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (10) (as amended
by this subsection) as paragraphs (2) through (9), respectively.
(c) <<NOTE: 6 USC 313 note.>> References.--Any reference to the
Director of the Federal Emergency Management Agency, in any law, rule,
regulation, certificate, directive, instruction, or other official paper
shall be considered to refer and apply to the Administrator of the
Federal Emergency Management Agency.
(d) Definition.--Section 2(6) of the Homeland Security Act of 2002
(6 U.S.C. 101(6)) is amended by inserting ``fire,'' after ``safety,''.
(e) Table of Contents.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
striking the items relating to title V and sections 501 through 509 and
inserting the following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT
``Sec. 501. Definitions.
``Sec. 502. Definition.
``Sec. 503. Federal Emergency Management Agency.
``Sec. 504. Authorities and responsibilities.
``Sec. 505. Functions transferred.
``Sec. 506. Preserving the Federal Emergency Management Agency.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council.
``Sec. 509. National Integration Center.
``Sec. 510. Credentialing and typing.
``Sec. 511. The National Infrastructure Simulation and Analysis Center.
``Sec. 512. Evacuation plans and exercises.
``Sec. 513. Disability Coordinator.
``Sec. 514. Department and Agency officials.
``Sec. 515. National Operations Center.
``Sec. 516. Chief Medical Officer.
``Sec. 517. Nuclear incident response.
``Sec. 518. Conduct of certain public health-related activities.
[[Page 120 STAT. 1411]]
``Sec. 519. Use of national private sector networks in emergency
response.
``Sec. 520. Use of commercially available technology, goods, and
services.
``Sec. 521. Procurement of security countermeasures for strategic
national stockpile.''.
(f) Interim Actions.--
(1) <<NOTE: 6 USC 311 note.>> In general.--During the period
beginning on the date of enactment of this Act and ending on
March 31, 2007, the Secretary, the Under Secretary for
Preparedness, and the Director of the Federal Emergency
Management Agency shall take such actions as are necessary to
provide for the orderly implementation of any amendment under
this subtitle that takes effect on March 31, 2007.
(2) <<NOTE: 6 USC 313 note.>> References.--Any reference to
the Administrator of the Federal Emergency Management Agency in
this title or an amendment by this title shall be considered to
refer and apply to the Director of the Federal Emergency
Management Agency until March 31, 2007.
SEC. 613. <<NOTE: 6 USC 701 note.>> NATIONAL WEATHER SERVICE.
Nothing in this title shall alter or otherwise affect the
authorities and activities of the National Weather Service to protect
life and property, including under the Act of October 1, 1890 (26 Stat.
653-55).
SEC. 614. <<NOTE: 6 USC 701 note.>> EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title shall take effect on the date of
enactment of this Act.
(b) Exceptions.--The following shall take effect on March 31, 2007:
(1) The amendments made by section 611(11).
(2) The amendments made by section 611(12).
(3) Sections 505, 507, 508, and 514 of the Homeland Security
Act of 2002, as amended by section 611(13) of this Act.
(4) The amendments made by subsection (a).
(5) The amendments made by subsection (b)(1).
Subtitle B--Personnel Provisions
CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
SEC. 621. WORKFORCE DEVELOPMENT.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
``Sec.
``10101. Definitions.
``10102. Strategic human capital plan.
``10103. Career paths.
``10104. Recruitment bonuses.
``10105. Retention bonuses.
``10106. Quarterly report on vacancy rate in employee positions.
``Sec. 10101. Definitions
``For purposes of this chapter--
[[Page 120 STAT. 1412]]
``(1) the term `Agency' means the Federal Emergency
Management Agency;
``(2) the term `Administrator' means the Administrator of
the Federal Emergency Management Agency;
``(3) the term `appropriate committees of Congress' has the
meaning given the term in section 602 of the Post-Katrina
Emergency Management Reform Act of 2006;
``(4) the term `Department' means the Department of Homeland
Security; and
``(5) the term `Surge Capacity Force' refers to the Surge
Capacity Force, described under section 624 of the Post-Katrina
Emergency Management Reform Act of 2006.
``Sec. 10102. Strategic human capital plan
``(a) Plan Development. <<NOTE: Deadline.>> --Not later than 6
months after the date of enactment of this chapter, the Administrator
shall develop and submit to the appropriate committees of Congress a
strategic human capital plan to shape and improve the workforce of the
Agency.
``(b) Contents.--The strategic human capital plan shall include--
``(1) a workforce gap analysis, including an assessment of--
``(A) the critical skills and competencies that will
be needed in the workforce of the Agency to support the
mission and responsibilities of, and effectively manage,
the Agency during the 10-year period beginning on the
date of enactment of this chapter;
``(B) the skills and competencies of the workforce
of the Agency on the day before the date of enactment of
this chapter and projected trends in that workforce,
based on expected losses due to retirement and other
attrition; and
``(C) the staffing levels of each category of
employee, including gaps in the workforce of the Agency
on the day before the date of enactment of this chapter
and in the projected workforce of the Agency that should
be addressed to ensure that the Agency has continued
access to the critical skills and competencies described
in subparagraph (A);
``(2) a plan of action for developing and reshaping the
workforce of the Agency to address the gaps in critical skills
and competencies identified under paragraph (1)(C), including--
``(A) specific recruitment and retention goals,
including the use of the bonus authorities under this
chapter as well as other bonus authorities (including
the program objective of the Agency to be achieved
through such goals);
``(B) specific strategies for developing, training,
deploying, compensating, and motivating and retaining
the Agency workforce and its ability to fulfill the
Agency's mission and responsibilities (including the
program objectives of the Department and the Agency to
be achieved through such strategies);
``(C) specific strategies for recruiting individuals
who have served in multiple State agencies with
emergency management responsibilities; and
[[Page 120 STAT. 1413]]
``(D) specific strategies for the development,
training, and coordinated and rapid deployment of the
Surge Capacity Force; and
``(3) a discussion that--
``(A) details the number of employees of the
Department not employed by the Agency serving in the
Surge Capacity Force and the qualifications or
credentials of such individuals;
``(B) details the number of individuals not employed
by the Department serving in the Surge Capacity Force
and the qualifications or credentials of such
individuals;
``(C) describes the training given to the Surge
Capacity Force during the calendar year preceding the
year of submission of the plan under subsection (c);
``(D) states whether the Surge Capacity Force is
able to adequately prepare for, respond to, and recover
from natural disasters, acts of terrorism, and other
man-made disasters, including catastrophic incidents;
and
``(E) describes any additional authorities or
resources necessary to address any deficiencies in the
Surge Capacity Force.
``(c) Annual Updates.--Not later than May 1, 2007, and May 1st of
each of the next 5 succeeding years, the Administrator shall submit to
the appropriate committees of Congress an update of the strategic human
capital plan, including an assessment by the Administrator, using
results-oriented performance measures, of the progress of the Department
and the Agency in implementing the strategic human capital plan.
``Sec. 10103. Career paths
``(a) In General.--The Administrator shall--
``(1) ensure that appropriate career paths for personnel of
the Agency are identified, including the education, training,
experience, and assignments necessary for career progression
within the Agency; and
``(2) publish information on the career paths described in
paragraph (1).
``(b) Education, Training, and Experience.--The Administrator shall
ensure that all personnel of the Agency are provided the opportunity to
acquire the education, training, and experience necessary to qualify for
promotion within the Agency, including, as appropriate, the opportunity
to participate in the Rotation Program established under section 844 of
the Homeland Security Act of 2002.
``(c) Policy.--The Administrator shall establish a policy for
assigning Agency personnel to positions that provides for a balance
between--
``(1) the need for such personnel to serve in career
enhancing positions; and
``(2) the need to require service in a position for a
sufficient period of time to provide the stability necessary--
``(A) to carry out the duties of that position; and
``(B) for responsibility and accountability for
actions taken in that position.
[[Page 120 STAT. 1414]]
``Sec. 10104. Recruitment bonuses
``(a) In General.--The Administrator may pay a bonus to an
individual in order to recruit the individual for a position within the
Agency that would otherwise be difficult to fill in the absence of such
a bonus. Upon completion of the strategic human capital plan, such
bonuses shall be paid in accordance with that plan.
``(b) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Administrator, but may not exceed 25
percent of the annual rate of basic pay of the position
involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be
considered to be part of basic pay.
``(c) Service Agreements.--Payment of a bonus under this section
shall be contingent upon the employee entering into a written service
agreement with the Agency. The agreement shall include--
``(1) the period of service the individual shall be required
to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(d) Eligibility.--A bonus under this section may not be paid to an
individual who is appointed to or holds--
``(1) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(2) a position in the Senior Executive Service as a
noncareer appointee (as defined in section 3132(a)); or
``(3) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
``(e) Termination.--The authority to pay bonuses under this section
shall terminate 5 years after the date of enactment of this chapter.
``(f) Reports.--
``(1) In general.--The Agency shall submit to the
appropriate committees of Congress, annually for each of the 5
years during which this section is in effect, a report on the
operation of this section.
``(2) Contents.--Each report submitted under this subsection
shall include, with respect to the period covered by such
report, a description of how the authority to pay bonuses under
this section was used by the Agency, including--
``(A) the number and dollar amount of bonuses paid
to individuals holding positions within each pay grade,
pay level, or other pay classification; and
``(B) a determination of the extent to which such
bonuses furthered the purposes of this section.
``Sec. 10105. Retention bonuses
``(a) Authority.--The Administrator may pay, on a case-by-case
basis, a bonus under this section to an employee of the Agency if--
``(1) the unusually high or unique qualifications of the
employee or a special need of the Agency for the employee's
services makes it essential to retain the employee; and
[[Page 120 STAT. 1415]]
``(2) the Administrator determines that, in the absence of
such a bonus, the employee would be likely to leave--
``(A) the Federal service; or
``(B) for a different position in the Federal
service.
``(b) Service Agreement.--Payment of a bonus under this section is
contingent upon the employee entering into a written service agreement
with the Agency to complete a period of service with the Agency. Such
agreement shall include--
``(1) the period of service the individual shall be required
to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(c) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Administrator, but may not exceed 25
percent of the annual rate of basic pay of the position
involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be
considered to be part of basic pay.
``(d) Limitation.--A bonus under this section--
``(1) may not be based on any period of service which is the
basis for a recruitment bonus under section 10104;
``(2) may not be paid to an individual who is appointed to
or holds--
``(A) a position to which an individual is appointed
by the President, by and with the advice and consent of
the Senate;
``(B) a position in the Senior Executive Service as
a noncareer appointee (as defined in section 3132(a));
or
``(C) a position which has been excepted from the
competitive service by reason of its confidential,
policy-determining, policy-making, or policy-advocating
character; and
``(3) upon completion of the strategic human capital plan,
shall be paid in accordance with that plan.
``(e) Termination of Authority.--The authority to grant bonuses
under this section shall expire 5 years after the date of enactment of
this chapter.
``(f) Reports.--
``(1) In general.--The Office of Personnel Management shall
submit to the appropriate committees of Congress, annually for
each of the first 5 years during which this section is in
effect, a report on the operation of this section.
``(2) Contents.--Each report submitted under this subsection
shall include, with respect to the period covered by such
report, a description of how the authority to pay bonuses under
this section was used by the Agency, including, with respect to
each such agency--
``(A) the number and dollar amount of bonuses paid
to individuals holding positions within each pay grade,
pay level, or other pay classification; and
``(B) a determination of the extent to which such
bonuses furthered the purposes of this section.
[[Page 120 STAT. 1416]]
``Sec. 10106. Quarterly report on vacancy rate in employee positions
``(a) Initial Report.--
``(1) In general.--Not later than 3 months after the date of
enactment of this chapter, the Administrator shall develop and
submit to the appropriate committees of Congress a report on the
vacancies in employee positions of the Agency.
``(2) Contents.--The report under this subsection shall
include--
``(A) vacancies of each category of employee
position;
``(B) the number of applicants for each vacancy for
which public notice has been given;
``(C) the length of time that each vacancy has been
pending;
``(D) hiring-cycle time for each vacancy that has
been filled; and
``(E) a plan for reducing the hiring-cycle time and
reducing the current and anticipated vacancies with
highly-qualified personnel.
``(b) Quarterly Updates.--Not later than 3 months after submission
of the initial report, and every 3 months thereafter until 5 years after
the date of enactment of this chapter, the Administrator shall submit to
the appropriate committees of Congress an update of the report under
subsection (a), including an assessment by the Administrator of the
progress of the Agency in filling vacant employee positions of the
Agency.''.
(b) Technical and Conforming Amendment.--The analysis for part III
title 5, United States Code, is amended by inserting after the item
relating to chapter 99 the following:
``101 Federal Emergency Management Agency Personnel.............10101''.
SEC. 622. ESTABLISHMENT OF HOMELAND SECURITY ROTATION PROGRAM AT THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Establishment.--Title VIII of the Homeland Security Act of 2002
(6 U.S.C. 361 et seq.) is amended by inserting after section 843 the
following:
``SEC. 844. <<NOTE: 6 USC 414.>> HOMELAND SECURITY ROTATION PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish the
Homeland Security Rotation Program (in this section referred to
as the `Rotation Program') for employees of the Department. The
Rotation Program shall use applicable best practices, including
those from the Chief Human Capital Officers Council.
``(2) Goals.--The Rotation Program established by the
Secretary shall--
``(A) be established in accordance with the Human
Capital Strategic Plan of the Department;
``(B) provide middle and senior level employees in
the Department the opportunity to broaden their
knowledge through exposure to other components of the
Department;
``(C) expand the knowledge base of the Department by
providing for rotational assignments of employees to
other components;
``(D) build professional relationships and contacts
among the employees in the Department;
[[Page 120 STAT. 1417]]
``(E) invigorate the workforce with exciting and
professionally rewarding opportunities;
``(F) incorporate Department human capital strategic
plans and activities, and address critical human capital
deficiencies, recruitment and retention efforts, and
succession planning within the Federal workforce of the
Department; and
``(G) complement and incorporate (but not replace)
rotational programs within the Department in effect on
the date of enactment of this section.
``(3) Administration.--
``(A) In general.--The Chief Human Capital Officer
shall administer the Rotation Program.
``(B) Responsibilities.--The Chief Human Capital
Officer shall--
``(i) provide oversight of the establishment
and implementation of the Rotation Program;
``(ii) establish a framework that supports the
goals of the Rotation Program and promotes cross-
disciplinary rotational opportunities;
``(iii) establish eligibility for employees to
participate in the Rotation Program and select
participants from employees who apply;
``(iv) establish incentives for employees to
participate in the Rotation Program, including
promotions and employment preferences;
``(v) ensure that the Rotation Program
provides professional education and training;
``(vi) ensure that the Rotation Program
develops qualified employees and future leaders
with broad-based experience throughout the
Department;
``(vii) provide for greater interaction among
employees in components of the Department; and
``(viii) coordinate with rotational programs
within the Department in effect on the date of
enactment of this section.
``(4) Allowances, privileges, and benefits.--All allowances,
privileges, rights, seniority, and other benefits of employees
participating in the Rotation Program shall be preserved.
``(5) Reporting.--Not later than 180 days after the date of
the establishment of the Rotation Program, the Secretary shall
submit a report on the status of the Rotation Program, including
a description of the Rotation Program, the number of employees
participating, and how the Rotation Program is used in
succession planning and leadership development to the
appropriate committees of Congress.''.
(b) Technical and Conforming Amendment.--Section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 843 the following:
``Sec. 844. Homeland Security Rotation Program.''.
[[Page 120 STAT. 1418]]
SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.
(a) Establishment.--Title VIII of the Homeland Security Act of 2002
(6 U.S.C. 361 et seq.) is amended by inserting after section 844 (as
added by section 622 of this Act) the following:
``SEC. 845. <<NOTE: 6 USC 415.>> HOMELAND SECURITY EDUCATION PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Administrator, shall establish a graduate-level Homeland Security
Education Program in the National Capital Region to provide educational
opportunities to senior Federal officials and selected State and local
officials with homeland security and emergency management
responsibilities. The Administrator shall appoint an individual to
administer the activities under this section.
``(b) Leveraging of Existing Resources.--To maximize efficiency and
effectiveness in carrying out the Program, the Administrator shall use
existing Department-reviewed Master's Degree curricula in homeland
security, including curricula pending accreditation, together with
associated learning materials, quality assessment tools, digital
libraries, exercise systems and other educational facilities, including
the National Domestic Preparedness Consortium, the National Fire
Academy, and the Emergency Management Institute. The Administrator may
develop additional educational programs, as appropriate.
``(c) Student Enrollment.--
``(1) Sources.--The student body of the Program shall
include officials from Federal, State, local, and tribal
governments, and from other sources designated by the
Administrator.
``(2) Enrollment priorities and selection criteria.--The
Administrator shall establish policies governing student
enrollment priorities and selection criteria that are consistent
with the mission of the Program.
``(3) Diversity.--The Administrator shall take reasonable
steps to ensure that the student body represents racial, gender,
and ethnic diversity.
``(d) Service Commitment.--
``(1) In general.--Before any employee selected for the
Program may be assigned to participate in the program, the
employee shall agree in writing--
``(A) to continue in the service of the agency
sponsoring the employee during the 2-year period
beginning on the date on which the employee completes
the program, unless the employee is involuntarily
separated from the service of that agency for reasons
other than a reduction in force; and
``(B) to pay to the Government the amount of the
additional expenses incurred by the Government in
connection with the employee's education if the employee
is voluntarily separated from the service to the agency
before the end of the period described in subparagraph
(A).
``(2) Payment of expenses.--
``(A) Exemption.--An employee who leaves the service
of the sponsoring agency to enter into the service of
another agency in any branch of the Government shall not
be required to make a payment under paragraph (1)(B),
unless the head of the agency that sponsored the
education of the employee notifies that employee before
the date on
[[Page 120 STAT. 1419]]
which the employee enters the service of the other
agency that payment is required under that paragraph.
``(B) Amount of payment.--If an employee is required
to make a payment under paragraph (1)(B), the agency
that sponsored the education of the employee shall
determine the amount of the payment, except that such
amount may not exceed the pro rata share of the expenses
incurred for the time remaining in the 2-year period.
``(3) Recovery of payment.--If an employee who is required
to make a payment under this subsection does not make the
payment, a sum equal to the amount of the expenses incurred by
the Government for the education of that employee is recoverable
by the Government from the employee or his estate by--
``(A) setoff against accrued pay, compensation,
amount of retirement credit, or other amount due the
employee from the Government; or
``(B) such other method as is provided by lay for
the recovery of amounts owing to the Government.''.
(b) Technical and Conforming Amendment.--Section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. et seq.), as amended by section
622, is amended by inserting after the item relating to section 844 the
following:
``Sec. 845. Homeland Security Education Program.''.
SEC. 624. <<NOTE: 6 USC 711.>> SURGE CAPACITY FORCE.
(a) Establishment.--
(1) In general. <<NOTE: Deadline. Plan.>> --Not later than 6
months after the date of enactment of this Act, the
Administrator shall prepare and submit to the appropriate
committees of Congress a plan to establish and implement a Surge
Capacity Force for deployment of individuals to respond to
natural disasters, acts of terrorism, and other man-made
disasters, including catastrophic incidents.
(2) Authority.--
(A) In general.--Except as provided in subparagraph
(B), the plan shall provide for individuals in the Surge
Capacity Force to be trained and deployed under the
authorities set forth in the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
(B) Exception.--If the Administrator determines that
the existing authorities are inadequate for the training
and deployment of individuals in the Surge Capacity
Force, the Administrator shall report to Congress as to
the additional statutory authorities that the
Administrator determines necessary.
(b) Employees Designated to Serve.--The plan shall include
procedures under which the Secretary shall designate employees of the
Department who are not employees of the Agency and shall, in conjunction
with the heads of other Executive agencies, designate employees of those
other Executive agencies, as appropriate, to serve on the Surge Capacity
Force.
(c) Capabilities.--The plan shall ensure that the Surge Capacity
Force--
(1) includes a sufficient number of individuals credentialed
in accordance with section 510 of the Homeland Security Act of
2002, as amended by this Act, that are capable of deploying
[[Page 120 STAT. 1420]]
rapidly and efficiently after activation to prepare for, respond
to, and recover from natural disasters, acts of terrorism, and
other man-made disasters, including catastrophic incidents; and
(2) includes a sufficient number of full-time, highly
trained individuals credentialed in accordance with section 510
of the Homeland Security Act of 2002, as amended by this Act, to
lead and manage the Surge Capacity Force.
(d) Training.--The plan shall ensure that the Administrator provides
appropriate and continuous training to members of the Surge Capacity
Force to ensure such personnel are adequately trained on the Agency's
programs and policies for natural disasters, acts of terrorism, and
other man-made disasters.
(e) No Impact on Agency Personnel Ceiling.--Surge Capacity Force
members shall not be counted against any personnel ceiling applicable to
the Federal Emergency Management Agency.
(f) Expenses.--The Administrator may provide members of the Surge
Capacity Force with travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, for the
purpose of participating in any training that relates to service as a
member of the Surge Capacity Force.
(g) Immediate Implementation of Surge Capacity Force Involving
Federal Employees.--As soon as practicable after the date of enactment
of this Act, the Administrator shall develop and implement--
(1) the procedures under subsection (b); and
(2) other elements of the plan needed to establish the
portion of the Surge Capacity Force consisting of individuals
designated under those procedures.
CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES
SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.
Section 613 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196b) is amended--
(1) in subsection (b)(3) by inserting ``including a
catastrophic incident annex,'' after ``plans,''; and
(2) by redesignating subsections (c) through (g) and
subsections (d) through (h), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Catastrophic Incident Annex.--
``(1) Consistency.--A catastrophic incident annex submitted
under subsection (b)(3) shall be--
``(A) modeled after the catastrophic incident annex
of the National Response Plan; and
``(B) consistent with the national preparedness goal
established under section 643 of the Post-Katrina
Emergency Management Reform Act of 2006, the National
Incident Management System, the National Response Plan,
and other related plans and strategies.
``(2) Consultation.--In developing a catastrophic incident
annex submitted under subsection (b)(3), a State shall consult
with and seek appropriate comments from local governments,
emergency response providers, locally governed
multijurisdictional councils of government, and regional
planning commissions.''.
[[Page 120 STAT. 1421]]
SEC. 632. <<NOTE: 6 USC 721.>> EVACUATION PREPAREDNESS TECHNICAL
ASSISTANCE.
The Administrator, in coordination with the heads of other
appropriate Federal agencies, shall provide evacuation preparedness
technical assistance to State, local, and tribal governments, including
the preparation of hurricane evacuation studies and technical assistance
in developing evacuation plans, assessing storm surge estimates,
evacuation zones, evacuation clearance times, transportation capacity,
and shelter capacity.
SEC. 633. EMERGENCY RESPONSE TEAMS.
Section 303 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5144) is amended--
(1) by striking ``<SUP>sec.</SUP> 303.</SUP>'' and all that
follows through ``The President shall'' and inserting the
following:
``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.
``(a) Emergency Support Teams.--The President shall''; and
(2) by adding at the end the following:
``(b) Emergency Response Teams.--
``(1) Establishment.--In carrying out subsection (a), the
President, acting through the Director of the Federal Emergency
Management Agency, shall establish--
``(A) at a minimum 3 national response teams; and
``(B) sufficient regional response teams, including
Regional Office strike teams under section 507 of the
Homeland Security Act of 2002; and
``(C) other response teams as may be necessary to
meet the incident management responsibilities of the
Federal Government.
``(2) Target capability level.--The Director shall ensure
that specific target capability levels, as defined pursuant to
the guidelines established under section 646(a) of the Post-
Katrina Emergency Management Reform Act of 2006, are established
for Federal emergency response teams.
``(3) Personnel.--The President, acting through the
Director, shall ensure that the Federal emergency response teams
consist of adequate numbers of properly planned, organized,
equipped, trained, and exercised personnel to achieve the
established target capability levels. Each emergency response
team shall work in coordination with State and local officials
and onsite personnel associated with a particular incident.
``(4) Readiness reporting.--The Director shall evaluate team
readiness on a regular basis and report team readiness levels in
the report required under section 652(a) of the Post-Katrina
Emergency Management Reform Act of 2006.''.
SEC. 634. <<NOTE: 6 USC 722.>> URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--There is in the Agency a system known as the Urban
Search and Rescue Response System.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the system for fiscal year 2008, an amount
equal to the amount appropriated for the system for fiscal year 2007 and
an additional $20,000,000.
SEC. 635. <<NOTE: 6 USC 723.>> METROPOLITAN MEDICAL RESPONSE GRANT
PROGRAM.
(a) In General.--There is a Metropolitan Medical Response Program.
[[Page 120 STAT. 1422]]
(b) Purposes.--The program shall include each purpose of the program
as it existed on June 1, 2006.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program for fiscal year 2008, an amount
equal to the amount appropriated for the program for fiscal year 2007
and an additional $30,000,000.
SEC. 636. <<NOTE: 6 USC 724.>> LOGISTICS.
The Administrator shall develop an efficient, transparent, and
flexible logistics system for procurement and delivery of goods and
services necessary for an effective and timely response to natural
disasters, acts of terrorism, and other man-made disasters and for real-
time visibility of items at each point throughout the logistics system.
SEC. 637. <<NOTE: 6 USC 725.>> PREPOSITIONED EQUIPMENT PROGRAM.
(a) In General.--The Administrator shall establish a prepositioned
equipment program to preposition standardized emergency equipment in at
least 11 locations to sustain and replenish critical assets used by
State, local, and tribal governments in response to (or rendered
inoperable by the effects of) natural disasters, acts of terrorism, and
other man-made disasters.
(b) Notice.-- <<NOTE: Deadline.>> The Administrator shall notify
State, local, and tribal officials in an area in which a location for
the prepositioned equipment program will be closed not later than 60
days before the date of such closure.
SEC. 638. HURRICANE KATRINA AND HURRICANE RITA RECOVERY OFFICES.
(a) Establishment.--In order to provide all eligible Federal
assistance to individuals and State, local, and tribal governments
affected by Hurricane Katrina or Hurricane Rita in a customer-focused,
expeditious, effective, and consistent manner, the Administrator shall
establish, in coordination with the appropriate States, a recovery
office. The Administrator may establish recovery offices for each of the
following States, if necessary:
(1) Mississippi.
(2) Louisiana.
(3) Alabama.
(4) Texas.
(b) Structure.--Each recovery office shall have an executive
director, appointed by the Administrator, and a senior management team.
(c) Responsibilities.--Each executive director, in coordination with
State, local, and tribal governments, private sector entities, and
nongovernmental organizations, including faith-based and other community
humanitarian relief entities, shall provide assistance in a timely and
effective manner to residents of the Gulf Coast region for recovering
from Hurricane Katrina or Hurricane Rita.
(d) Staffing.--
(1) In general.--Each recovery office shall be staffed by
multi-year term, temporary employees and permanent employees.
(2) Staffing levels.--Staffing levels of a recovery office
shall be commensurate with current and projected workload and
shall be evaluated on a regular basis.
(e) Performance Measures.--To ensure that each recovery office is
meeting its objectives, the Administrator shall identify
[[Page 120 STAT. 1423]]
performance measures that are specific, measurable, achievable,
relevant, and timed, including--
(1) public assistance program project worksheet completion
rates; and
(2) public assistance reimbursement times.
(f) Closeout Incentives.--The Administrator shall provide incentives
for the timely closeout of public assistance projects under sections 406
and 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172 and 5173).
(g) Termination.--Each recovery office shall terminate at the
discretion of the Administrator.
SEC. 639. <<NOTE: 6 USC 726.>> BASIC LIFE SUPPORTING FIRST AID AND
EDUCATION.
The Administrator shall enter into agreements with organizations to
provide funds to emergency response providers to provide education and
training in life supporting first aid to children.
SEC. 640. <<NOTE: 6 USC 727.>> IMPROVEMENTS TO INFORMATION TECHNOLOGY
SYSTEMS.
(a) Measures to Improve Information Technology Systems.--The
Administrator, in coordination with the Chief Information Officer of the
Department, shall take appropriate measures to update and improve the
information technology systems of the Agency, including measures to--
(1) ensure that the multiple information technology systems
of the Agency (including the National Emergency Management
Information System, the Logistics Information Management System
III, and the Automated Deployment Database) are, to the extent
practicable, fully compatible and can share and access
information, as appropriate, from each other;
(2) ensure technology enhancements reach the headquarters
and regional offices of the Agency in a timely fashion, to allow
seamless integration;
(3) develop and maintain a testing environment that ensures
that all system components are properly and thoroughly tested
before their release;
(4) ensure that the information technology systems of the
Agency have the capacity to track disaster response personnel,
mission assignments task orders, commodities, and supplies used
in response to a natural disaster, act of terrorism, or other
man-made disaster;
(5) make appropriate improvements to the National Emergency
Management Information System to address shortcomings in such
system on the date of enactment of this Act; and
(6) provide training, manuals, and guidance on information
technology systems to personnel, including disaster response
personnel, to help ensure employees can properly use information
technology systems.
(b) Report.-- <<NOTE: Deadline.>> Not later than 270 days after the
date of enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing the
implementation of this section, including a description of any actions
taken, improvements made, and remaining problems and a description of
any additional funding needed to make necessary and appropriate
improvements to the information technology systems of the Agency.
[[Page 120 STAT. 1424]]
SEC. 640a. <<NOTE: 6 USC 728.>> DISCLOSURE OF CERTAIN INFORMATION TO LAW
ENFORCEMENT AGENCIES.
In the event of circumstances requiring an evacuation, sheltering,
or mass relocation, the Administrator may disclose information in any
individual assistance database of the Agency in accordance with section
552a(b) of title 5, United States Code (commonly referred to as the
``Privacy Act''), to any law enforcement agency of the Federal
Government or a State, local, or tribal government in order to identify
illegal conduct or address public safety or security issues, including
compliance with sex offender notification laws.
Subtitle C--Comprehensive Preparedness System
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
SEC. 641. <<NOTE: 6 USC 741.>> DEFINITIONS.
In this chapter:
(1) Capability.--The term ``capability'' means the ability
to provide the means to accomplish one or more tasks under
specific conditions and to specific performance standards. A
capability may be achieved with any combination of properly
planned, organized, equipped, trained, and exercised personnel
that achieves the intended outcome.
(2) Hazard.--The term ``hazard'' has the meaning given that
term under section 602(a)(1) of the Robert T. Stafford Disaster
Relief and Assistance Act (42 U.S.C. 5195a).
(3) Mission assignment.--The term ``mission assignment''
means a work order issued to a Federal agency by the Agency,
directing completion by that agency of a specified task and
setting forth funding, other managerial controls, and guidance.
(4) National preparedness goal.--The term ``national
preparedness goal'' means the national preparedness goal
established under section 643.
(5) National preparedness system.--The term ``national
preparedness system'' means the national preparedness system
established under section 644.
(6) National training program.--The term ``national training
program'' means the national training program established under
section 648(a).
(7) Operational readiness.--The term ``operational
readiness'' means the capability of an organization, an asset, a
system, or equipment to perform the missions or functions for
which it is organized or designed.
(8) Performance measure.--The term ``performance measure''
means a quantitative or qualitative characteristic used to gauge
the results of an outcome compared to its intended purpose.
(9) Performance metric.--The term ``performance metric''
means a particular value or characteristic used to measure the
outcome that is generally expressed in terms of a baseline and a
target.
(10) Prevention.--The term ``prevention'' means any activity
undertaken to avoid, prevent, or stop a threatened or actual act
of terrorism.
[[Page 120 STAT. 1425]]
SEC. 642. <<NOTE: 6 USC 742.>> NATIONAL PREPAREDNESS.
In order to prepare the Nation for all hazards, including natural
disasters, acts of terrorism, and other man-made disasters, the
President, consistent with the declaration of policy under section 601
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5195) and title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by this Act, shall develop a national
preparedness goal and a national preparedness system.
SEC. 643. <<NOTE: 6 USC 743.>> NATIONAL PREPAREDNESS GOAL.
(a) Establishment.--The President, acting through the Administrator,
shall complete, revise, and update, as necessary, a national
preparedness goal that defines the target level of preparedness to
ensure the Nation's ability to prevent, respond to, recover from, and
mitigate against natural disasters, acts of terrorism, and other man-
made disasters.
(b) National Incident Management System and National Response
Plan.--The national preparedness goal, to the greatest extent
practicable, shall be consistent with the National Incident Management
System and the National Response Plan.
SEC. 644. <<NOTE: 6 USC 744.>> ESTABLISHMENT OF NATIONAL PREPAREDNESS
SYSTEM.
(a) Establishment.--The President, acting through the Administrator,
shall develop a national preparedness system to enable the Nation to
meet the national preparedness goal.
(b) Components.--The national preparedness system shall include the
following components:
(1) Target capabilities and preparedness priorities.
(2) Equipment and training standards.
(3) Training and exercises.
(4) Comprehensive assessment system.
(5) Remedial action management program.
(6) Federal response capability inventory.
(7) Reporting requirements.
(8) Federal preparedness.
(c) National Planning Scenarios.--The national preparedness system
may include national planning scenarios.
SEC. 645. <<NOTE: 6 USC 745.>> NATIONAL PLANNING SCENARIOS.
(a) In General.--The Administrator, in coordination with the heads
of appropriate Federal agencies and the National Advisory Council, may
develop planning scenarios to reflect the relative risk requirements
presented by all hazards, including natural disasters, acts of
terrorism, and other man-made disasters, in order to provide the
foundation for the flexible and adaptive development of target
capabilities and the identification of target capability levels to meet
the national preparedness goal.
(b) Development.--In developing, revising, and replacing national
planning scenarios, the Administrator shall ensure that the scenarios--
(1) reflect the relative risk of all hazards and illustrate
the potential scope, magnitude, and complexity of a broad range
of representative hazards; and
(2) provide the minimum number of representative scenarios
necessary to identify and define the tasks and target
capabilities required to respond to all hazards.
[[Page 120 STAT. 1426]]
SEC. 646. <<NOTE: 6 USC 746.>> TARGET CAPABILITIES AND PREPAREDNESS
PRIORITIES.
(a) <<NOTE: Deadline.>> Establishment of Guidelines on Target
Capabilities.--Not later than 180 days after the date of enactment of
this Act, the Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on Disability, and
the National Advisory Council, shall complete, revise, and update, as
necessary, guidelines to define risk-based target capabilities for
Federal, State, local, and tribal government preparedness that will
enable the Nation to prevent, respond to, recover from, and mitigate
against all hazards, including natural disasters, acts of terrorism, and
other man-made disasters.
(b) Distribution of Guidelines.--The Administrator shall ensure that
the guidelines are provided promptly to the appropriate committees of
Congress and the States.
(c) Objectives.--The Administrator shall ensure that the guidelines
are specific, flexible, and measurable.
(d) Terrorism Risk Assessment.--With respect to analyzing and
assessing the risk of acts of terrorism, the Administrator shall
consider--
(1) the variables of threat, vulnerability, and consequences
related to population (including transient commuting and tourist
populations), areas of high population density, critical
infrastructure, coastline, and international borders; and
(2) the most current risk assessment available from the
Chief Intelligence Officer of the Department of the threats of
terrorism against the United States.
(e) Preparedness Priorities.--In establishing the guidelines under
subsection (a), the Administrator shall establish preparedness
priorities that appropriately balance the risk of all hazards, including
natural disasters, acts of terrorism, and other man-made disasters, with
the resources required to prevent, respond to, recover from, and
mitigate against the hazards.
(f) Mutual Aid Agreements.--The Administrator may provide support
for the development of mutual aid agreements within States.
SEC. 647. <<NOTE: 6 USC 747.>> EQUIPMENT AND TRAINING STANDARDS.
(a) Equipment Standards.--
(1) In general.--The Administrator, in coordination with the
heads of appropriate Federal agencies and the National Advisory
Council, shall support the development, promulgation, and
updating, as necessary, of national voluntary consensus
standards for the performance, use, and validation of equipment
used by Federal, State, local, and tribal governments and
nongovernmental emergency response providers.
(2) Requirements.--The national voluntary consensus
standards shall--
(A) be designed to achieve equipment and other
capabilities consistent with the national preparedness
goal, including the safety and health of emergency
response providers;
(B) to the maximum extent practicable, be consistent
with existing national voluntary consensus standards;
(C) take into account, as appropriate, threats that
may not have been contemplated when the existing
standards were developed; and
[[Page 120 STAT. 1427]]
(D) focus on maximizing operability,
interoperability, interchangeability, durability,
flexibility, efficiency, efficacy, portability,
sustainability, and safety.
(b) Training Standards.--The Administrator shall--
(1) support the development, promulgation, and regular
updating, as necessary, of national voluntary consensus
standards for training; and
(2) ensure that the training provided under the national
training program is consistent with the standards.
(c) Consultation With Standards Organizations.--In carrying out this
section, the Administrator shall consult with representatives of
relevant public and private sector national voluntary consensus
standards development organizations.
SEC. 648. <<NOTE: 6 USC 748.>> TRAINING AND EXERCISES.
(a) National Training Program.--
(1) In general. <<NOTE: Deadline.>> --Beginning not later
than 180 days after the date of enactment of this Act, the
Administrator, in coordination with the heads of appropriate
Federal agencies, the National Council on Disability, and the
National Advisory Council, shall carry out a national training
program to implement the national preparedness goal, National
Incident Management System, National Response Plan, and other
related plans and strategies.
(2) Training partners.--In developing and implementing the
national training program, the Administrator shall--
(A) work with government training facilities,
academic institutions, private organizations, and other
entities that provide specialized, state-of-the-art
training for emergency managers or emergency response
providers; and
(B) utilize, as appropriate, training courses
provided by community colleges, State and local public
safety academies, State and private universities, and
other facilities.
(b) National Exercise Program.--
(1) In general. <<NOTE: Deadline.>> --Beginning not later
than 180 days after the date of enactment of this Act, the
Administrator, in coordination with the heads of appropriate
Federal agencies, the National Council on Disability, and the
National Advisory Council, shall carry out a national exercise
program to test and evaluate the national preparedness goal,
National Incident Management System, National Response Plan, and
other related plans and strategies.
(2) Requirements.--The national exercise program--
(A) shall be--
(i) as realistic as practicable, based on
current risk assessments, including credible
threats, vulnerabilities, and consequences, and
designed to stress the national preparedness
system;
(ii) designed, as practicable, to simulate the
partial or complete incapacitation of a State,
local, or tribal government;
(iii) carried out, as appropriate, with a
minimum degree of notice to involved parties
regarding the timing and details of such
exercises, consistent with safety considerations;
(iv) designed to provide for systematic
evaluation of readiness; and
[[Page 120 STAT. 1428]]
(v) designed to address the unique
requirements of populations with special needs;
and
(B) shall provide assistance to State, local, and
tribal governments with the design, implementation, and
evaluation of exercises that--
(i) conform to the requirements under
subparagraph (A);
(ii) are consistent with any applicable State,
local, or tribal strategy or plan; and
(iii) provide for systematic evaluation of
readiness.
(3) National level exercises.--The Administrator shall
periodically, but not less than biennially, perform national
exercises for the following purposes:
(A) To test and evaluate the capability of Federal,
State, local, and tribal governments to detect, disrupt,
and prevent threatened or actual catastrophic acts of
terrorism, especially those involving weapons of mass
destruction.
(B) To test and evaluate the readiness of Federal,
State, local, and tribal governments to respond and
recover in a coordinated and unified manner to
catastrophic incidents.
SEC. 649. <<NOTE: 6 USC 749.>> COMPREHENSIVE ASSESSMENT SYSTEM.
(a) Establishment.--The Administrator, in coordination with the
National Council on Disability and the National Advisory Council, shall
establish a comprehensive system to assess, on an ongoing basis, the
Nation's prevention capabilities and overall preparedness, including
operational readiness.
(b) Performance Metrics and Measures.--The Administrator shall
ensure that each component of the national preparedness system, National
Incident Management System, National Response Plan, and other related
plans and strategies, and the reports required under section 652 is
developed, revised, and updated with clear and quantifiable performance
metrics, measures, and outcomes.
(c) Contents.--The assessment system established under subsection
(a) shall assess--
(1) compliance with the national preparedness system,
National Incident Management System, National Response Plan, and
other related plans and strategies;
(2) capability levels at the time of assessment against
target capability levels defined pursuant to the guidelines
established under section 646(a);
(3) resource needs to meet the desired target capability
levels defined pursuant to the guidelines established under
section 646(a); and
(4) performance of training, exercises, and operations.
SEC. 650. <<NOTE: 6 USC 750.>> REMEDIAL ACTION MANAGEMENT PROGRAM.
The Administrator, in coordination with the National Council on
Disability and the National Advisory Council, shall establish a remedial
action management program to--
(1) analyze training, exercises, and real-world events to
identify and disseminate lessons learned and best practices;
(2) generate and disseminate, as appropriate, after action
reports to participants in exercises and real-world events; and
(3) conduct remedial action tracking and long-term trend
analysis.
[[Page 120 STAT. 1429]]
SEC. 651. <<NOTE: 6 USC 751.>> FEDERAL RESPONSE CAPABILITY INVENTORY.
(a) In General.--In accordance with section 611(h)(1)(C) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(h)(1)(C), the Administrator shall accelerate the completion
of the inventory of Federal response capabilities.
(b) Contents.--The inventory shall include--
(1) for each capability--
(A) the performance parameters of the capability;
(B) the timeframe within which the capability can be
brought to bear on an incident; and
(C) the readiness of the capability to respond to
all hazards, including natural disasters, acts of
terrorism, and other man-made disasters; and
(2) emergency communications assets maintained by the
Federal Government and, if appropriate, State, local, and tribal
governments and the private sector.
(c) Department of Defense.--The Administrator, in coordination with
the Secretary of Defense, shall develop a list of organizations and
functions within the Department of Defense that may be used, pursuant to
the authority provided under the National Response Plan and sections
402, 403, and 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide
support to civil authorities during natural disasters, acts of
terrorism, and other man-made disasters.
(d) Database.--The Administrator shall establish an inventory
database to allow--
(1) real-time exchange of information regarding
capabilities, readiness, or the compatibility of equipment;
(2) easy identification and rapid deployment during an
incident; and
(3) the sharing of inventories with other Federal agencies,
as appropriate.
SEC. 652. <<NOTE: 6 USC 752.>> REPORTING REQUIREMENTS.
(a) Federal Preparedness Report.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, and annually thereafter, the
Administrator, in coordination with the heads of appropriate
Federal agencies, shall submit to the appropriate committees of
Congress a report on the Nation's level of preparedness for all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters.
(2) Contents.--Each report shall include--
(A) an assessment of how Federal assistance supports
the national preparedness system;
(B) the results of the comprehensive assessment
carried out under section 649;
(C) a review of the inventory described in section
651(a); and
(D) an assessment of resource needs to meet
preparedness priorities established under section
646(e), including--
(i) an estimate of the amount of Federal,
State, local, and tribal expenditures required to
attain the preparedness priorities; and
(ii) the extent to which the use of Federal
assistance during the preceding fiscal year
achieved the preparedness priorities.
[[Page 120 STAT. 1430]]
(b) Catastrophic Resource Report.--
(1) In general.--The Administrator shall develop and submit
to the appropriate committees of Congress annually an estimate
of the resources of the Agency and other Federal agencies needed
for and devoted specifically to developing the capabilities of
Federal, State, local, and tribal governments necessary to
respond to a catastrophic incident.
(2) Contents.--Each estimate under paragraph (1) shall
include the resources both necessary for and devoted to--
(A) planning;
(B) training and exercises;
(C) Regional Office enhancements;
(D) staffing, including for surge capacity during a
catastrophic incident;
(E) additional logistics capabilities;
(F) other responsibilities under the catastrophic
incident annex and the catastrophic incident supplement
of the National Response Plan;
(G) State, local, and tribal government catastrophic
incident preparedness; and
(H) covering increases in the fixed costs or
expenses of the Agency, including rent or property
acquisition costs or expenses, taxes, contributions to
the working capital fund of the Department, and security
costs for the year after the year in which such estimate
is submitted.
(c) State Preparedness Report.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, and annually thereafter, a State
receiving Federal preparedness assistance administered by the
Department shall submit a report to the Administrator on the
State's level of preparedness.
(2) Contents.--Each report shall include--
(A) an assessment of State compliance with the
national preparedness system, National Incident
Management System, National Response Plan, and other
related plans and strategies;
(B) an assessment of current capability levels and a
description of target capability levels; and
(C) an assessment of resource needs to meet the
preparedness priorities established under section
646(e), including--
(i) an estimate of the amount of expenditures
required to attain the preparedness priorities;
and
(ii) the extent to which the use of Federal
assistance during the preceding fiscal year
achieved the preparedness priorities.
SEC. 653. <<NOTE: 6 USC 753.>> FEDERAL PREPAREDNESS.
(a) Agency Responsibility.--In support of the national preparedness
system, the President shall ensure that each Federal agency with
coordinating, primary, or supporting responsibilities under the National
Response Plan--
(1) has the operational capability to meet the national
preparedness goal, including--
(A) the personnel to make and communicate decisions;
(B) organizational structures that are assigned,
trained, and exercised for the missions of the agency;
[[Page 120 STAT. 1431]]
(C) sufficient physical resources; and
(D) the command, control, and communication channels
to make, monitor, and communicate decisions;
(2) complies with the National Incident Management System;
(3) develops, trains, and exercises rosters of response
personnel to be deployed when the agency is called upon to
support a Federal response; and
(4) develops deliberate operational plans and the
corresponding capabilities, including crisis planning, to
respond effectively to natural disasters, acts of terrorism, and
other man-made disasters in support of the National Response
Plan to ensure a coordinated Federal response.
(b) Operational Plans.--An operations plan developed under
subsection (a)(4) shall meet the following requirements:
(1) The operations plan shall be coordinated under a unified
system with a common terminology, approach, and framework.
(2) The operations plan shall be developed, in coordination
with State, local, and tribal government officials, to address
both regional and national risks.
(3) The operations plan shall contain, as appropriate, the
following elements:
(A) Concepts of operations.
(B) Critical tasks and responsibilities.
(C) Detailed resource and personnel requirements,
together with sourcing requirements.
(D) Specific provisions for the rapid integration of
the resources and personnel of the agency into the
overall response.
(4) The operations plan shall address, as appropriate, the
following matters:
(A) Support of State, local, and tribal governments
in conducting mass evacuations, including--
(i) transportation and relocation;
(ii) short- and long-term sheltering and
accommodation;
(iii) provisions for populations with special
needs, keeping families together, and expeditious
location of missing children; and
(iv) policies and provisions for pets.
(B) The preparedness and deployment of public health
and medical resources, including resources to address
the needs of evacuees and populations with special
needs.
(C) The coordination of interagency search and
rescue operations, including land, water, and airborne
search and rescue operations.
(D) The roles and responsibilities of the Senior
Federal Law Enforcement Official with respect to other
law enforcement entities.
(E) The protection of critical infrastructure.
(F) The coordination of maritime salvage efforts
among relevant agencies.
(G) The coordination of Department of Defense and
National Guard support of civilian authorities.
(H) To the extent practicable, the utilization of
Department of Defense, National Air and Space
Administration,
[[Page 120 STAT. 1432]]
National Oceanic and Atmospheric Administration, and
commercial aircraft and satellite remotely sensed
imagery.
(I) The coordination and integration of support from
the private sector and nongovernmental organizations.
(J) The safe disposal of debris, including hazardous
materials, and, when practicable, the recycling of
debris.
(K) The identification of the required surge
capacity.
(L) Specific provisions for the recovery of affected
geographic areas.
(c) Mission Assignments.--To expedite the provision of assistance
under the National Response Plan, the President shall ensure that the
Administrator, in coordination with Federal agencies with
responsibilities under the National Response Plan, develops prescripted
mission assignments, including logistics, communications, mass care,
health services, and public safety.
(d) Certification.--The President shall certify on an annual basis
that each Federal agency with coordinating, primary, or supporting
responsibilities under the National Response Plan complies with
subsections (a) and (b).
(e) Construction.--Nothing in this section shall be construed to
limit the authority of the Secretary of Defense with regard to--
(1) the command, control, training, planning, equipment,
exercises, or employment of Department of Defense forces; or
(2) the allocation of Department of Defense resources.
SEC. 654. U <<NOTE: 6 USC 754.>> SE OF EXISTING RESOURCES.
In establishing the national preparedness goal and national
preparedness system, the Administrator shall use existing preparedness
documents, planning tools, and guidelines to the extent practicable and
consistent with this Act.
CHAPTER 2--ADDITIONAL PREPAREDNESS
SEC. 661. <<NOTE: 6 USC 761.>> EMERGENCY MANAGEMENT ASSISTANCE COMPACT
GRANTS.
(a) In General.--The Administrator may make grants to administer the
Emergency Management Assistance Compact consented to by the Joint
Resolution entitled ``Joint Resolution granting the consent of Congress
to the Emergency Management Assistance Compact'' (Public Law 104-321;
110 Stat. 3877).
(b) Uses.--A grant under this section shall be used--
(1) to carry out recommendations identified in the Emergency
Management Assistance Compact after-action reports for the 2004
and 2005 hurricane season;
(2) to administer compact operations on behalf of all member
States and territories;
(3) to continue coordination with the Agency and appropriate
Federal agencies;
(4) to continue coordination with State, local, and tribal
government entities and their respective national organizations;
and
(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing emergency response providers and
the typing of emergency response resources.
(c) Coordination.--The Administrator shall consult with the
Administrator of the Emergency Management Assistance Compact
[[Page 120 STAT. 1433]]
to ensure effective coordination of efforts in responding to requests
for assistance.
(d) Authorization.--There is authorized to be appropriated to carry
out this section $4,000,000 for fiscal year 2008. Such sums shall remain
available until expended.
SEC. 662. <<NOTE: 6 USC 762.>> EMERGENCY MANAGEMENT PERFORMANCE GRANTS.
There is authorized to be appropriated for the Emergency Management
Performance Grants Program for fiscal year 2008, an amount equal to the
amount appropriated for the program for fiscal year 2007 and an
additional $175,000,000.
SEC. 663. <<NOTE: 6 USC 763.>> TRANSFER OF NOBLE TRAINING CENTER.
The Noble Training Center is transferred to the Center for Domestic
Preparedness. The Center for Domestic Preparedness shall integrate the
Noble Training Center into the program structure of the Center for
Domestic Preparedness.
SEC. 664. <<NOTE: President. 6 USC 764.>> NATIONAL EXERCISE SIMULATION
CENTER.
The President shall establish a national exercise simulation center
that--
(1) uses a mix of live, virtual, and constructive
simulations to--
(A) prepare elected officials, emergency managers,
emergency response providers, and emergency support
providers at all levels of government to operate
cohesively;
(B) provide a learning environment for the homeland
security personnel of all Federal agencies;
(C) assist in the development of operational
procedures and exercises, particularly those based on
catastrophic incidents; and
(D) allow incident commanders to exercise
decisionmaking in a simulated environment; and
(2) uses modeling and simulation for training, exercises,
and command and control functions at the operational level.
Subtitle D--Emergency Communications
SEC. 671. <<NOTE: 21st Century Emergency Communications Act of
2006.>> EMERGENCY COMMUNICATIONS.
(a) <<NOTE: 6 USC 101 note.>> Short Title.--This section may be
cited as the ``21st Century Emergency Communications Act of 2006''.
(b) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding at the end the following new title:
``TITLE XVIII--EMERGENCY COMMUNICATIONS
``SEC. 1801. <<NOTE: 6 USC 571.>> OFFICE OF EMERGENCY COMMUNICATIONS.
``(a) In General.--There is established in the Department an Office
of Emergency Communications.
``(b) Director.--The head of the office shall be the Director for
Emergency Communications. The Director shall report to the Assistant
Secretary for Cybersecurity and Communications.
[[Page 120 STAT. 1434]]
``(c) Responsibilities.--The Director for Emergency Communications
shall--
``(1) assist the Secretary in developing and implementing
the program described in section 7303(a)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)), except as provided in section 314;
``(2) administer the Department's responsibilities and
authorities relating to the SAFECOM Program, excluding elements
related to research, development, testing, and evaluation and
standards;
``(3) administer the Department's responsibilities and
authorities relating to the Integrated Wireless Network program;
``(4) conduct extensive, nationwide outreach to support and
promote the ability of emergency response providers and relevant
government officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-made
disasters;
``(5) conduct extensive, nationwide outreach and foster the
development of interoperable emergency communications
capabilities by State, regional, local, and tribal governments
and public safety agencies, and by regional consortia thereof;
``(6) provide technical assistance to State, regional,
local, and tribal government officials with respect to use of
interoperable emergency communications capabilities;
``(7) coordinate with the Regional Administrators regarding
the activities of Regional Emergency Communications Coordination
Working Groups under section 1805;
``(8) promote the development of standard operating
procedures and best practices with respect to use of
interoperable emergency communications capabilities for incident
response, and facilitate the sharing of information on such best
practices for achieving, maintaining, and enhancing
interoperable emergency communications capabilities for such
response;
``(9) coordinate, in cooperation with the National
Communications System, the establishment of a national response
capability with initial and ongoing planning, implementation,
and training for the deployment of communications equipment for
relevant State, local, and tribal governments and emergency
response providers in the event of a catastrophic loss of local
and regional emergency communications services;
``(10) assist the President, the National Security Council,
the Homeland Security Council, and the Director of the Office of
Management and Budget in ensuring the continued operation of the
telecommunications functions and responsibilities of the Federal
Government, excluding spectrum management;
``(11) establish, in coordination with the Director of the
Office for Interoperability and Compatibility, requirements for
interoperable emergency communications capabilities, which shall
be nonproprietary where standards for such capabilities exist,
for all public safety radio and data communications systems and
equipment purchased using homeland security assistance
administered by the Department, excluding any alert and warning
device, technology, or system;
``(12) review, in consultation with the Assistant Secretary
for Grants and Training, all interoperable emergency
communications plans of Federal, State, local, and tribal
governments,
[[Page 120 STAT. 1435]]
including Statewide and tactical interoperability plans,
developed pursuant to homeland security assistance administered
by the Department, but excluding spectrum allocation and
management related to such plans;
``(13) develop and update periodically, as appropriate, a
National Emergency Communications Plan under section 1802;
``(14) perform such other duties of the Department necessary
to support and promote the ability of emergency response
providers and relevant government officials to continue to
communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters; and
``(15) perform other duties of the Department necessary to
achieve the goal of and maintain and enhance interoperable
emergency communications capabilities.
``(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the Director for
Emergency Communications the following programs and responsibilities:
``(1) The SAFECOM Program, excluding elements related to
research, development, testing, and evaluation and standards.
``(2) The responsibilities of the Chief Information Officer
related to the implementation of the Integrated Wireless
Network.
``(3) The Interoperable Communications Technical Assistance
Program.
``(e) Coordination.--The Director for Emergency Communications shall
coordinate--
``(1) as appropriate, with the Director of the Office for
Interoperability and Compatibility with respect to the
responsibilities described in section 314; and
``(2) with the Administrator of the Federal Emergency
Management Agency with respect to the responsibilities described
in this title.
``(f) Sufficiency of Resources Plan.--
``(1) Report.--Not later than 120 days after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the resources and staff necessary to carry
out fully the responsibilities under this title.
``(2) Comptroller general review.--The Comptroller General
shall review the validity of the report submitted by the
Secretary under paragraph (1). <<NOTE: Reports. Deadline.>> Not
later than 60 days after the date on which such report is
submitted, the Comptroller General shall submit to Congress a
report containing the findings of such review.
``SEC. 1802. <<NOTE: 6 USC 572.>> NATIONAL EMERGENCY COMMUNICATIONS
PLAN.
``(a) In General. <<NOTE: Deadline.>> --The Secretary, acting
through the Director for Emergency Communications, and in cooperation
with the Department of National Communications System (as appropriate),
shall, in cooperation with State, local, and tribal governments, Federal
departments and agencies, emergency response providers, and the private
sector, develop not later than 180 days after the completion of the
baseline assessment under section 1803, and periodically update, a
National Emergency Communications Plan to provide recommendations
regarding how the United States should--
[[Page 120 STAT. 1436]]
``(1) support and promote the ability of emergency response
providers and relevant government officials to continue to
communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters; and
``(2) ensure, accelerate, and attain interoperable emergency
communications nationwide.
``(b) Coordination.--The Emergency Communications Preparedness
Center under section 1806 shall coordinate the development of the
Federal aspects of the National Emergency Communications Plan.
``(c) Contents.--The National Emergency Communications Plan shall--
``(1) include recommendations developed in consultation with
the Federal Communications Commission and the National Institute
of Standards and Technology for a process for expediting
national voluntary consensus standards for emergency
communications equipment for the purchase and use by public
safety agencies of interoperable emergency communications
equipment and technologies;
``(2) identify the appropriate capabilities necessary for
emergency response providers and relevant government officials
to continue to communicate in the event of natural disasters,
acts of terrorism, and other man-made disasters;
``(3) identify the appropriate interoperable emergency
communications capabilities necessary for Federal, State, local,
and tribal governments in the event of natural disasters, acts
of terrorism, and other man-made disasters;
``(4) recommend both short-term and long-term solutions for
ensuring that emergency response providers and relevant
government officials can continue to communicate in the event of
natural disasters, acts of terrorism, and other man-made
disasters;
``(5) recommend both short-term and long-term solutions for
deploying interoperable emergency communications systems for
Federal, State, local, and tribal governments throughout the
Nation, including through the provision of existing and emerging
technologies;
``(6) identify how Federal departments and agencies that
respond to natural disasters, acts of terrorism, and other man-
made disasters can work effectively with State, local, and
tribal governments, in all States, and with other entities;
``(7) identify obstacles to deploying interoperable
emergency communications capabilities nationwide and recommend
short-term and long-term measures to overcome those obstacles,
including recommendations for multijurisdictional coordination
among Federal, State, local, and tribal governments;
``(8) recommend goals and timeframes for the deployment of
emergency, command-level communications systems based on new and
existing equipment across the United States and develop a
timetable for the deployment of interoperable emergency
communications systems nationwide; and
``(9) recommend appropriate measures that emergency response
providers should employ to ensure the continued operation of
relevant governmental communications infrastructure in the event
of natural disasters, acts of terrorism, or other man-made
disasters.
[[Page 120 STAT. 1437]]
``SEC. 1803. <<NOTE: 6 USC 573.>> ASSESSMENTS AND REPORTS.
``(a) Baseline Assessment.--Not later than 1 year after the date of
enactment of this section and not less than every 5 years thereafter,
the Secretary, acting through the Director for Emergency Communications,
shall conduct an assessment of Federal, State, local, and tribal
governments that--
``(1) defines the range of capabilities needed by emergency
response providers and relevant government officials to continue
to communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters;
``(2) defines the range of interoperable emergency
communications capabilities needed for specific events;
``(3) assesses the current available capabilities to meet
such communications needs;
``(4) identifies the gap between such current capabilities
and defined requirements; and
``(5) includes a national interoperable emergency
communications inventory to be completed by the Secretary of
Homeland Security, the Secretary of Commerce, and the Chairman
of the Federal Communications Commission that--
``(A) identifies for each Federal department and
agency--
``(i) the channels and frequencies used;
``(ii) the nomenclature used to refer to each
channel or frequency used; and
``(iii) the types of communications systems
and equipment used; and
``(B) identifies the interoperable emergency
communications systems in use by public safety agencies
in the United States.
``(b) Classified Annex.--The baseline assessment under this section
may include a classified annex including information provided under
subsection (a)(5)(A).
``(c) Savings Clause.--In conducting the baseline assessment under
this section, the Secretary may incorporate findings from assessments
conducted before, or ongoing on, the date of enactment of this title.
``(d) Progress Reports.--Not later than one year after the date of
enactment of this section and biennially thereafter, the Secretary,
acting through the Director for Emergency Communications, shall submit
to Congress a report on the progress of the Department in achieving the
goals of, and carrying out its responsibilities under, this title,
including--
``(1) a description of the findings of the most recent
baseline assessment conducted under subsection (a);
``(2) a determination of the degree to which interoperable
emergency communications capabilities have been attained to date
and the gaps that remain for interoperability to be achieved;
``(3) an evaluation of the ability to continue to
communicate and to provide and maintain interoperable emergency
communications by emergency managers, emergency response
providers, and relevant government officials in the event of--
``(A) natural disasters, acts of terrorism, or other
man-made disasters, including Incidents of National
Significance declared by the Secretary under the
National Response Plan; and
[[Page 120 STAT. 1438]]
``(B) a catastrophic loss of local and regional
communications services;
``(4) a list of best practices relating to the ability to
continue to communicate and to provide and maintain
interoperable emergency communications in the event of natural
disasters, acts of terrorism, or other man-made disasters; and
``(A) an evaluation of the feasibility and
desirability of the Department developing, on its own or
in conjunction with the Department of Defense, a mobile
communications capability, modeled on the Army Signal
Corps, that could be deployed to support emergency
communications at the site of natural disasters, acts of
terrorism, or other man-made disasters.
``SEC. 1804. <<NOTE: 6 USC 574.>> COORDINATION OF DEPARTMENT EMERGENCY
COMMUNICATIONS GRANT PROGRAMS.
``(a) Coordination of Grants and Standards Programs.--The Secretary,
acting through the Director for Emergency Communications, shall ensure
that grant guidelines for the use of homeland security assistance
administered by the Department relating to interoperable emergency
communications are coordinated and consistent with the goals and
recommendations in the National Emergency Communications Plan under
section 1802.
``(b) Denial of Eligibility for Grants.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Grants and Planning, and in consultation
with the Director for Emergency Communications, may prohibit any
State, local, or tribal government from using homeland security
assistance administered by the Department to achieve, maintain,
or enhance emergency communications capabilities, if--
``(A) such government has not complied with the
requirement to submit a Statewide Interoperable
Communications Plan as required by section 7303(f) of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f));
``(B) such government has proposed to upgrade or
purchase new equipment or systems that do not meet or
exceed any applicable national voluntary consensus
standards and has not provided a reasonable explanation
of why such equipment or systems will serve the needs of
the applicant better than equipment or systems that meet
or exceed such standards; and
``(C) as of the date that is 3 years after the date
of the completion of the initial National Emergency
Communications Plan under section 1802, national
voluntary consensus standards for interoperable
emergency communications capabilities have not been
developed and promulgated.
``(2) Standards.--The Secretary, in coordination with the
Federal Communications Commission, the National Institute of
Standards and Technology, and other Federal departments and
agencies with responsibility for standards, shall support the
development, promulgation, and updating as necessary of national
voluntary consensus standards for interoperable emergency
communications.
[[Page 120 STAT. 1439]]
``SEC. 1805. <<NOTE: 6 USC 575.>> REGIONAL EMERGENCY COMMUNICATIONS
COORDINATION.
``(a) <<NOTE: Establishment.>> In General.--There is established in
each Regional Office a Regional Emergency Communications Coordination
Working Group (in this section referred to as an `RECC Working Group').
Each RECC <<NOTE: Reports.>> Working Group shall report to the relevant
Regional Administrator and coordinate its activities with the relevant
Regional Advisory Council.
``(b) Membership.--Each RECC Working Group shall consist of the
following:
``(1) Non-federal.--Organizations representing the interests
of the following:
``(A) State officials.
``(B) Local government officials, including
sheriffs.
``(C) State police departments.
``(D) Local police departments.
``(E) Local fire departments.
``(F) Public safety answering points (9-1-1
services).
``(G) State emergency managers, homeland security
directors, or representatives of State Administrative
Agencies.
``(H) Local emergency managers or homeland security
directors.
``(I) Other emergency response providers as
appropriate.
``(2) Federal.--Representatives from the Department, the
Federal Communications Commission, and other Federal departments
and agencies with responsibility for coordinating interoperable
emergency communications with or providing emergency support
services to State, local, and tribal governments.
``(c) Coordination.--Each RECC Working Group shall coordinate its
activities with the following:
``(1) Communications equipment manufacturers and vendors
(including broadband data service providers).
``(2) Local exchange carriers.
``(3) Local broadcast media.
``(4) Wireless carriers.
``(5) Satellite communications services.
``(6) Cable operators.
``(7) Hospitals.
``(8) Public utility services.
``(9) Emergency evacuation transit services.
``(10) Ambulance services.
``(11) HAM and amateur radio operators.
``(12) Representatives from other private sector entities
and nongovernmental organizations as the Regional Administrator
determines appropriate.
``(d) Duties.--The duties of each RECC Working Group shall include--
``(1) assessing the survivability, sustainability, and
interoperability of local emergency communications systems to
meet the goals of the National Emergency Communications Plan;
``(2) reporting annually to the relevant Regional
Administrator, the Director for Emergency Communications, the
Chairman of the Federal Communications Commission, and the
Assistant Secretary for Communications and Information of
[[Page 120 STAT. 1440]]
the Department of Commerce on the status of its region in
building robust and sustainable interoperable voice and data
emergency communications networks and, not later than 60 days
after the completion of the initial National Emergency
Communications Plan under section 1802, on the progress of the
region in meeting the goals of such plan;
``(3) ensuring a process for the coordination of effective
multijurisdictional, multi-agency emergency communications
networks for use during natural disasters, acts of terrorism,
and other man-made disasters through the expanded use of
emergency management and public safety communications mutual aid
agreements; and
``(4) coordinating the establishment of Federal, State,
local, and tribal support services and networks designed to
address the immediate and critical human needs in responding to
natural disasters, acts of terrorism, and other man-made
disasters.
``SEC. 1806. <<NOTE: 6 USC 576.>> EMERGENCY COMMUNICATIONS PREPAREDNESS
CENTER.
``(a) Establishment.--There is established the Emergency
Communications Preparedness Center (in this section referred to as the
`Center').
``(b) Operation.--The Secretary, the Chairman of the Federal
Communications Commission, the Secretary of Defense, the Secretary of
Commerce, the Attorney General of the United States, and the heads of
other Federal departments and agencies or their designees shall jointly
operate the Center in accordance with the Memorandum of Understanding
entitled, `Emergency Communications Preparedness Center (ECPC) Charter'.
``(c) Functions.--The Center shall--
``(1) serve as the focal point for interagency efforts and
as a clearinghouse with respect to all relevant
intergovernmental information to support and promote (including
specifically by working to avoid duplication, hindrances, and
counteractive efforts among the participating Federal
departments and agencies)--
``(A) the ability of emergency response providers
and relevant government officials to continue to
communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters; and
``(B) interoperable emergency communications;
``(2) prepare and submit to Congress, on an annual basis, a
strategic assessment regarding the coordination efforts of
Federal departments and agencies to advance--
``(A) the ability of emergency response providers
and relevant government officials to continue to
communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters; and
``(B) interoperable emergency communications;
``(3) consider, in preparing the strategic assessment under
paragraph (2), the goals stated in the National Emergency
Communications Plan under section 1802; and
``(4) perform such other functions as are provided in the
Emergency Communications Preparedness Center (ECPC) Charter
described in subsection (b)(1).
[[Page 120 STAT. 1441]]
``SEC. 1807. <<NOTE: 6 USC 577.>> URBAN AND OTHER HIGH RISK AREA
COMMUNICATIONS CAPABILITIES.
``(a) In General.--The Secretary, in consultation with the Chairman
of the Federal Communications Commission and the Secretary of Defense,
and with appropriate State, local, and tribal government officials,
shall provide technical guidance, training, and other assistance, as
appropriate, to support the rapid establishment of consistent, secure,
and effective interoperable emergency communications capabilities in the
event of an emergency in urban and other areas determined by the
Secretary to be at consistently high levels of risk from natural
disasters, acts of terrorism, and other man-made disasters.
``(b) Minimum Capabilities.--The interoperable emergency
communications capabilities established under subsection (a) shall
ensure the ability of all levels of government, emergency response
providers, the private sector, and other organizations with emergency
response capabilities--
``(1) to communicate with each other in the event of an
emergency;
``(2) to have appropriate and timely access to the
Information Sharing Environment described in section 1016 of the
National Security Intelligence Reform Act of 2004 (6 U.S.C.
321); and
``(3) to be consistent with any applicable State or Urban
Area homeland strategy or plan.
``SEC. 1808. <<NOTE: 6 USC 578.>> DEFINITION.
``In this title, the term `interoperable' has the meaning given the
term `interoperable communications' under section 7303(g)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(g)(1)).''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
adding at the end the following:
``TITLE XVIII--EMERGENCY COMMUNICATIONS
``Sec. 1801. Office for Emergency Communications.
``Sec. 1802. National Emergency Communications Plan.
``Sec. 1803. Assessments and reports.
``Sec. 1804. Coordination of Federal emergency communications grant
programs.
``Sec. 1805. Regional emergency communications coordination.
``Sec. 1806. Emergency Communications Preparedness Center.
``Sec. 1807. Urban and other high risk area communications capabilities.
``Sec. 1808. Definition.''.
SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 314. <<NOTE: 6 USC 195.>> OFFICE FOR INTEROPERABILITY AND
COMPATIBILITY.
``(a) Clarification of Responsibilities.--The Director of the Office
for Interoperability and Compatibility shall--
``(1) assist the Secretary in developing and implementing
the science and technology aspects of the program described in
subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(a)(1));
[[Page 120 STAT. 1442]]
``(2) in coordination with the Federal Communications
Commission, the National Institute of Standards and Technology,
and other Federal departments and agencies with responsibility
for standards, support the creation of national voluntary
consensus standards for interoperable emergency communications;
``(3) establish a comprehensive research, development,
testing, and evaluation program for improving interoperable
emergency communications;
``(4) establish, in coordination with the Director for
Emergency Communications, requirements for interoperable
emergency communications capabilities, which shall be
nonproprietary where standards for such capabilities exist, for
all public safety radio and data communications systems and
equipment purchased using homeland security assistance
administered by the Department, excluding any alert and warning
device, technology, or system;
``(5) carry out the Department's responsibilities and
authorities relating to research, development, testing,
evaluation, or standards-related elements of the SAFECOM
Program;
``(6) evaluate and assess new technology in real-world
environments to achieve interoperable emergency communications
capabilities;
``(7) encourage more efficient use of existing resources,
including equipment, to achieve interoperable emergency
communications capabilities;
``(8) test public safety communications systems that are
less prone to failure, support new nonvoice services, use
spectrum more efficiently, and cost less than existing systems;
``(9) coordinate with the private sector to develop
solutions to improve emergency communications capabilities and
achieve interoperable emergency communications capabilities; and
``(10) conduct pilot projects, in coordination with the
Director for Emergency Communications, to test and demonstrate
technologies, including data and video, that enhance--
``(A) the ability of emergency response providers
and relevant government officials to continue to
communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters; and
``(B) interoperable emergency communications
capabilities.
``(b) Coordination.--The Director of the Office for Interoperability
and Compatibility shall coordinate with the Director for Emergency
Communications with respect to the SAFECOM program.
``(c) Sufficiency of Resources.--The Secretary shall provide the
Office for Interoperability and Compatibility the resources and staff
necessary to carry out the responsibilities under this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 313 the following:
``Sec. 314. Office for Interoperability and Compatibility.''.
[[Page 120 STAT. 1443]]
SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.), as amended by this Act, is amended by adding at the
end the following:
``SEC. 315. <<NOTE: 6 USC 195a.>> EMERGENCY COMMUNICATIONS
INTEROPERABILITY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and Technology,
acting through the Director of the Office for Interoperability and
Compatibility, shall establish a comprehensive research and development
program to support and promote--
``(1) the ability of emergency response providers and
relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other man-
made disasters; and
``(2) interoperable emergency communications capabilities
among emergency response providers and relevant government
officials, including by--
``(A) supporting research on a competitive basis,
including through the Directorate of Science and
Technology and Homeland Security Advanced Research
Projects Agency; and
``(B) considering the establishment of a Center of
Excellence under the Department of Homeland Security
Centers of Excellence Program focused on improving
emergency response providers' communication
capabilities.
``(b) Purposes.--The purposes of the program established under
subsection (a) include--
``(1) supporting research, development, testing, and
evaluation on emergency communication capabilities;
``(2) understanding the strengths and weaknesses of the
public safety communications systems in use;
``(3) examining how current and emerging technology can make
emergency response providers more effective, and how Federal,
State, local, and tribal government agencies can use this
technology in a coherent and cost-effective manner;
``(4) investigating technologies that could lead to long-
term advancements in emergency communications capabilities and
supporting research on advanced technologies and potential
systemic changes to dramatically improve emergency
communications; and
``(5) evaluating and validating advanced technology
concepts, and facilitating the development and deployment of
interoperable emergency communication capabilities.
``(c) Definitions.--For purposes of this section, the term
`interoperable', with respect to emergency communications, has the
meaning given the term in section 1808.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 314, as added by this Act,
the following:
``Sec. 315. Emergency communications interoperability research and
development.''.
[[Page 120 STAT. 1444]]
SEC. 674. 911 AND E911 SERVICES REPORT.
Not later than 180 days after the date of enactment of this Act, the
Chairman of the Federal Communications Commission shall submit a report
to Congress on the status of efforts of State, local, and tribal
governments to develop plans for rerouting 911 and E911 services in the
event that public safety answering points are disabled during natural
disasters, acts of terrorism, and other man-made disasters.
SEC. 675. <<NOTE: 6 USC 571 note.>> SAVINGS CLAUSE.
Nothing in this subtitle shall be construed to transfer to the
Office of Emergency Communications any function, personnel, asset,
component, authority, grant program, or liability of the Federal
Emergency Management Agency as constituted on June 1, 2006.
Subtitle E--Stafford Act Amendments
SEC. 681. GENERAL FEDERAL ASSISTANCE.
(a) Major Disasters.--Section 402 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended--
(1) in paragraph (1), by striking ``efforts'' and inserting
``response or recovery efforts, including precautionary
evacuations'';
(2) in paragraph (2), by striking the semicolon and
inserting ``, including precautionary evacuations and
recovery;'';
(3) in paragraph (3)--
(A) in subparagraph (D), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(F) recovery activities, including disaster impact
assessments and planning;'';
(4) in paragraph (4), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(5) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence
of a specific request and in which case the President--
``(A) shall, to the fullest extent practicable,
promptly notify and coordinate with officials in a State
in which such assistance or support is provided; and
``(B) shall not, in notifying and coordinating with
a State under subparagraph (A), delay or impede the
rapid deployment, use, and distribution of critical
resources to victims of a major disaster.''.
(b) Emergencies.--Section 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5192) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking the semicolon and
inserting ``, including precautionary evacuations;'';
(B) in paragraph (6), by striking ``and'' after the
semicolon;
(C) in paragraph (7), by striking the period and
inserting ``; and''; and
[[Page 120 STAT. 1445]]
(D) by adding at the end the following:
``(8) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence
of a specific request and in which case the President--
``(A) shall, to the fullest extent practicable,
promptly notify and coordinate with a State in which
such assistance or support is provided; and
``(B) shall not, in notifying and coordinating with
a State under subparagraph (A), delay or impede the
rapid deployment, use, and distribution of critical
resources to victims of an emergency.'';
(2) in subsection (b), by striking the period and inserting
``, including precautionary evacuations.''; and
(3) by adding at the end the following:
``(c) <<NOTE: President.>> Guidelines.--The President shall
promulgate and maintain guidelines to assist Governors in requesting the
declaration of an emergency in advance of a natural or man-made disaster
(including for the purpose of seeking assistance with special needs and
other evacuation efforts) under this section by defining the types of
assistance available to affected States and the circumstances under
which such requests are likely to be approved.''.
SEC. 682. <<NOTE: 6 USC 771.>> NATIONAL DISASTER RECOVERY STRATEGY.
(a) In General.--The Administrator, in coordination with the
Secretary of Housing and Urban Development, the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of the Treasury, the Secretary of
Transportation, the Administrator of the Small Business Administration,
the Assistant Secretary for Indian Affairs of the Department of the
Interior, and the heads of other appropriate Federal agencies, State,
local, and tribal government officials (including through the National
Advisory Council), and representatives of appropriate nongovernmental
organizations shall develop, coordinate, and maintain a National
Disaster Recovery Strategy to serve as a guide to recovery efforts after
major disasters and emergencies.
(b) Contents.--The National Disaster Recovery Strategy shall--
(1) outline the most efficient and cost-effective Federal
programs that will meet the recovery needs of States, local and
tribal governments, and individuals and households affected by a
major disaster;
(2) clearly define the role, programs, authorities, and
responsibilities of each Federal agency that may be of
assistance in providing assistance in the recovery from a major
disaster;
(3) promote the use of the most appropriate and cost-
effective building materials (based on the hazards present in an
area) in any area affected by a major disaster, with the goal of
encouraging the construction of disaster-resistant buildings;
and
(4) describe in detail the programs that may be offered by
the agencies described in paragraph (2), including--
(A) discussing funding issues;
(B) detailing how responsibilities under the
National Disaster Recovery Strategy will be shared; and
[[Page 120 STAT. 1446]]
(C) addressing other matters concerning the
cooperative effort to provide recovery assistance.
(c) Report.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing in detail
the National Disaster Recovery Strategy and any additional
authorities necessary to implement any portion of the National
Disaster Recovery Strategy.
(2) Update.--The Administrator shall submit to the
appropriate committees of Congress a report updating the report
submitted under paragraph (1)--
(A) on the same date that any change is made to the
National Disaster Recovery Strategy; and
(B) on a periodic basis after the submission of the
report under paragraph (1), but not less than once every
5 years after the date of the submission of the report
under paragraph (1).
SEC. 683. <<NOTE: 6 USC 772.>> NATIONAL DISASTER HOUSING STRATEGY.
(a) In General.--The Administrator, in coordination with
representatives of the Federal agencies, governments, and organizations
listed in subsection (b)(2) of this section, the National Advisory
Council, the National Council on Disability, and other entities at the
Administrator's discretion, shall develop, coordinate, and maintain a
National Disaster Housing Strategy.
(b) Contents.--The National Disaster Housing Strategy shall--
(1) outline the most efficient and cost effective Federal
programs that will best meet the short-term and long-term
housing needs of individuals and households affected by a major
disaster;
(2) clearly define the role, programs, authorities, and
responsibilities of each entity in providing housing assistance
in the event of a major disaster, including--
(A) the Agency;
(B) the Department of Housing and Urban Development;
(C) the Department of Agriculture;
(D) the Department of Veterans Affairs;
(E) the Department of Health and Human Services;
(F) the Bureau of Indian Affairs;
(G) any other Federal agency that may provide
housing assistance in the event of a major disaster;
(H) the American Red Cross; and
(I) State, local, and tribal governments;
(3) describe in detail the programs that may be offered by
the entities described in paragraph (2), including--
(A) outlining any funding issues;
(B) detailing how responsibilities under the
National Disaster Housing Strategy will be shared; and
(C) addressing other matters concerning the
cooperative effort to provide housing assistance during
a major disaster;
(4) consider methods through which housing assistance can be
provided to individuals and households where employment and
other resources for living are available;
[[Page 120 STAT. 1447]]
(5) describe programs directed to meet the needs of special
needs and low-income populations and ensure that a sufficient
number of housing units are provided for individuals with
disabilities;
(6) describe plans for the operation of clusters of housing
provided to individuals and households, including access to
public services, site management, security, and site density;
(7) describe plans for promoting the repair or
rehabilitation of existing rental housing, including through
lease agreements or other means, in order to improve the
provision of housing to individuals and households under section
408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174); and
(8) describe any additional authorities necessary to carry
out any portion of the strategy.
(c) Guidance.--The Administrator should develop and make publicly
available guidance on--
(1) types of housing assistance available under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) to individuals and households affected by
an emergency or major disaster;
(2) eligibility for such assistance (including, where
appropriate, the continuation of such assistance); and
(3) application procedures for such assistance.
(d) Report.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing in detail
the National Disaster Housing Strategy, including programs
directed to meeting the needs of special needs populations.
(2) Updated report.--The Administrator shall submit to the
appropriate committees of Congress a report updating the report
submitted under paragraph (1)--
(A) on the same date that any change is made to the
National Disaster Housing Strategy; and
(B) on a periodic basis after the submission of the
report under paragraph (1), but not less than once every
5 years after the date of the submission of the report
under paragraph (1).
SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.
The third sentence of section 404(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is
amended by striking ``7.5 percent'' and inserting ``15 percent for
amounts not more than $2,000,000,000, 10 percent for amounts of more
than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent
on amounts of more than $10,000,000,000 and not more than
$35,333,000,000''.
SEC. 685. HOUSING ASSISTANCE.
Section 408(c)(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) by inserting ``or semi-permanent'' after ``permanent'';
and
(2) by striking ``remote''.
[[Page 120 STAT. 1448]]
SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.
Section 408(c) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--
(1) by striking paragraph (2)(C); and
(2) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 687. COORDINATING OFFICERS.
Section 302 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)) is amended by adding after subsection
(c) the following:
``(d) Where the area affected by a major disaster or emergency
includes parts of more than 1 State, the President, at the discretion of
the President, may appoint a single Federal coordinating officer for the
entire affected area, and may appoint such deputy Federal coordinating
officers to assist the Federal coordinating officer as the President
determines appropriate.''.
SEC. 688. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) by amending paragraph (9) to read as follows:
``(9) Private nonprofit facility.--
``(A) In general.--The term `private nonprofit
facility' means private nonprofit educational, utility,
irrigation, emergency, medical, rehabilitational, and
temporary or permanent custodial care facilities
(including those for the aged and disabled) and
facilities on Indian reservations, as defined by the
President.
``(B) Additional facilities.--In addition to the
facilities described in subparagraph (A), the term
`private nonprofit facility' includes any private
nonprofit facility that provides essential services of a
governmental nature to the general public (including
museums, zoos, performing arts facilities, community
arts centers, libraries, homeless shelters, senior
citizen centers, rehabilitation facilities, shelter
workshops, and facilities that provide health and safety
services of a governmental nature), as defined by the
President.'';
(2) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Individual with a disability.--The term `individual
with a disability' means an individual with a disability as
defined in section 3(2) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102(2)).''.
SEC. 689. INDIVIDUALS WITH DISABILITIES.
(a) Guidelines. <<NOTE: Deadline. 6 USC 773.>> --Not later than 90
days after the date of enactment of this Act, and in coordination with
the National Advisory Council, the National Council on Disability, the
Interagency Coordinating Council on Preparedness and Individuals With
Disabilities established under Executive Order No. 13347 (6 U.S.C. 312
note), and the Disability Coordinator (established under section 513 of
the Homeland Security Act of 2002, as added by this Act),
[[Page 120 STAT. 1449]]
the Administrator shall develop guidelines to accommodate individuals
with disabilities, which shall include guidelines for--
(1) the accessibility of, and communications and programs
in, shelters, recovery centers, and other facilities; and
(2) devices used in connection with disaster operations,
including first aid stations, mass feeding areas, portable
payphone stations, portable toilets, and temporary housing.
(b) Essential Assistance.--Section 403(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is
amended--
(1) in paragraph (2), by inserting ``durable medical
equipment,'' after ``medicine''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting ``durable
medical equipment,'' after ``medicine'';
(B) in subparagraph (H), by striking ``and'' at the
end;
(C) in subparagraph (I), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(J) provision of rescue, care, shelter, and
essential needs--
``(i) to individuals with household pets and
service animals; and
``(ii) to such pets and animals.''.
(c) Federal Assistance to Individuals and Households.--Section 408
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174) is amended--
(1) in subsection (b)(1), by inserting ``, or with respect
to individuals with disabilities, rendered inaccessible or
uninhabitable,'' after ``uninhabitable''; and
(2) in subsection (d)(1)(A)--
(A) in clause (i), by striking ``and'' after the
semicolon;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) meets the physical accessibility
requirements for individuals with disabilities;
and''.
SEC. 689a. NONDISCRIMINATION IN DISASTER ASSISTANCE.
Section 308(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by inserting
``disability, English proficiency,'' after ``age,''.
SEC. 689b. <<NOTE: 6 USC 774.>> REUNIFICATION.
(a) Definitions.--In this section:
(1) Child locator center.--The term ``Child Locator Center''
means the National Emergency Child Locator Center established
under subsection (b).
(2) Declared event.--The term ``declared event'' means a
major disaster or emergency.
(3) Displaced adult.--The term ``displaced adult'' means an
individual 21 years of age or older who is displaced from the
habitual residence of that individual as a result of a declared
event.
(4) Displaced child.--The term ``displaced child'' means an
individual under 21 years of age who is displaced from the
habitual residence of that individual as a result of a declared
event.
(b) National Emergency Child Locator Center.--
[[Page 120 STAT. 1450]]
(1) In general.-- <<NOTE: Deadline.>> Not later than 180
days after the date of enactment of this Act, the Administrator,
in coordination with the Attorney General of the United States,
shall establish within the National Center for Missing and
Exploited Children the National Emergency Child Locator Center.
In establishing the National Emergency Child Locator Center, the
Administrator shall establish procedures to make all relevant
information available to the National Emergency Child Locator
Center in a timely manner to facilitate the expeditious
identification and reunification of children with their
families.
(2) Purposes.--The purposes of the Child Locator Center are
to--
(A) enable individuals to provide to the Child
Locator Center the name of and other identifying
information about a displaced child or a displaced adult
who may have information about the location of a
displaced child;
(B) enable individuals to receive information about
other sources of information about displaced children
and displaced adults; and
(C) assist law enforcement in locating displaced
children.
(3) Responsibilities and duties.--The responsibilities and
duties of the Child Locator Center are to--
(A) <<NOTE: Communications and tele-
communications>> establish a toll-free telephone number
to receive reports of displaced children and information
about displaced adults that may assist in locating
displaced children;
(B) <<NOTE: Website.>> create a website to provide
information about displaced children;
(C) deploy its staff to the location of a declared
event to gather information about displaced children;
(D) assist in the reunification of displaced
children with their families;
(E) provide information to the public about
additional resources for disaster assistance;
(F) work in partnership with Federal, State, and
local law enforcement agencies;
(G) provide technical assistance in locating
displaced children;
(H) share information on displaced children and
displaced adults with governmental agencies and
nongovernmental organizations providing disaster
assistance;
(I) use its resources to gather information about
displaced children;
(J) refer reports of displaced adults to--
(i) an entity designated by the Attorney
General to provide technical assistance in
locating displaced adults; and
(ii) the National Emergency Family Registry
and Locator System as defined under section
689c(a);
(K) enter into cooperative agreements with Federal
and State agencies and other organizations such as the
American Red Cross as necessary to implement the mission
of the Child Locator Center; and
(L) develop an emergency response plan to prepare
for the activation of the Child Locator Center.
(c) Conforming Amendments.--Section 403(1) of the Missing Children's
Assistance Act (42 U.S.C. 5772(1)) is amended--
[[Page 120 STAT. 1451]]
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by adding ``or'' after the
semicolon; and
(3) by inserting after subparagraph (B) the following:
``(C) the individual is an individual under 21 years
of age who is displaced from the habitual residence of
that individual as a result of an emergency or major
disaster (as those terms are defined in section 102 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)).''.
(d) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on the Judiciary of
the Senate and the Committee on Transportation and Infrastructure and
the Committee on the Judiciary of the House of Representatives a report
describing in detail the status of the Child Locator Center, including
funding issues and any difficulties or issues in establishing the Center
or completing the cooperative agreements described in subsection
(b)(3)(K).
SEC. 689c. <<NOTE: 6 USC 775.>> NATIONAL EMERGENCY FAMILY REGISTRY AND
LOCATOR SYSTEM.
(a) Definitions.--In this section--
(1) the term ``displaced individual'' means an individual
displaced by an emergency or major disaster; and
(2) the term ``National Emergency Family Registry and
Locator System'' means the National Emergency Family Registry
and Locator System established under subsection (b).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a National
Emergency Family Registry and Locator System to help reunify families
separated after an emergency or major disaster.
(c) Operation of System.--The National Emergency Family Registry and
Locator System shall--
(1) allow a displaced adult (including medical patients) to
voluntarily register (and allow an adult that is the parent or
guardian of a displaced child to register such child), by
submitting personal information to be entered into a database
(such as the name, current location of residence, and any other
relevant information that could be used by others seeking to
locate that individual);
(2) ensure that information submitted under paragraph (1) is
accessible to those individuals named by a displaced individual
and to those law enforcement officials;
(3) be accessible through the Internet and through a toll-
free number, to receive reports of displaced individuals; and
(4) include a means of referring displaced children to the
National Emergency Child Locator Center established under
section 689b.
(d) Publication of Information.--Not later than 210 days after the
date of enactment of this Act, the Administrator shall establish a
mechanism to inform the public about the National Emergency Family
Registry and Locator System and its potential usefulness for assisting
to reunite displaced individuals with their families.
[[Page 120 STAT. 1452]]
(e) Coordination. <<NOTE: Deadline.>> --Not later than 90 days after
the date of enactment of this Act, the Administrator shall enter a
memorandum of understanding with the Department of Justice, the National
Center for Missing and Exploited Children, the Department of Health and
Human Services, and the American Red Cross and other relevant private
organizations that will enhance the sharing of information to facilitate
reuniting displaced individuals (including medical patients) with their
families.
(f) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report describing in detail the status of the National
Emergency Family Registry and Locator System, including any difficulties
or issues in establishing the System, including funding issues.
SEC. 689d. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(c)(1)(A) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) is amended--
(1) in clause (i), by adding at the end the following:
``Such assistance may include the payment of the cost of
utilities, excluding telephone service.''; and
(2) in clause (ii), by inserting ``security deposits,''
after ``hookups,''.
SEC. 689e. DISASTER RELATED INFORMATION SERVICES.
Subtitle A of title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended by adding
at the end the following:
``SEC. 616. <<NOTE: 42 USC 5196f.>> DISASTER RELATED INFORMATION
SERVICES.
``(a) In General.--Consistent with section 308(a), the Director of
Federal Emergency Management Agency shall--
``(1) identify, in coordination with State and local
governments, population groups with limited English proficiency
and take into account such groups in planning for an emergency
or major disaster;
``(2) ensure that information made available to individuals
affected by a major disaster or emergency is made available in
formats that can be understood by--
``(A) population groups identified under paragraph
(1); and
``(B) individuals with disabilities or other special
needs; and
``(3) develop and maintain an informational clearinghouse of
model language assistance programs and best practices for State
and local governments in providing services related to a major
disaster or emergency.
``(b) Group Size.--For purposes of subsection (a), the Director of
Federal Emergency Management Agency shall define the size of a
population group.''.
SEC. 689f. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT SERVICES TO
INDIVIDUALS AND HOUSEHOLDS.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.), is amended by adding at the end
the following:
[[Page 120 STAT. 1453]]
``SEC. 425. <<NOTE: 42 USC 5189c.>> TRANSPORTATION ASSISTANCE TO
INDIVIDUALS AND HOUSEHOLDS.
``The President may provide transportation assistance to relocate
individuals displaced from their predisaster primary residences as a
result of an incident declared under this Act or otherwise transported
from their predisaster primary residences under section 403(a)(3) or
502, to and from alternative locations for short or long-term
accommodation or to return an individual or household to their
predisaster primary residence or alternative location, as determined
necessary by the President.
``SEC. 426. <<NOTE: 42 USC 5189d.>> CASE MANAGEMENT SERVICES.
``The President may provide case management services, including
financial assistance, to State or local government agencies or qualified
private organizations to provide such services, to victims of major
disasters to identify and address unmet needs.''.
SEC. 689g. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Title III of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (15 U.S.C. 5141 et seq.) is amended by
adding at the end the following:
``SEC. 326. <<NOTE: 42 USC 5165d.>> DESIGNATION OF SMALL STATE AND RURAL
ADVOCATE.
``(a) In General.--The President shall designate in the Federal
Emergency Management Agency a Small State and Rural Advocate.
``(b) Responsibilities.--The Small State and Rural Advocate shall be
an advocate for the fair treatment of small States and rural communities
in the provision of assistance under this Act.
``(c) Duties.--The Small State and Rural Advocate shall--
``(1) participate in the disaster declaration process under
section 401 and the emergency declaration process under section
501, to ensure that the needs of rural communities are being
addressed;
``(2) assist small population States in the preparation of
requests for major disaster or emergency declarations; and
``(3) conduct such other activities as the Director of the
Federal Emergency Management Agency considers appropriate.''.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report detailing the extent to which disaster
declaration regulations--
(1) meet the particular needs of States with populations of
less than 1,500,000 individuals; and
(2) comply with statutory restrictions on the use of
arithmetic formulas and sliding scales based on income or
population.
(c) <<NOTE: 42 USC 5165d note.>> Statutory Construction.--Nothing in
this section or the amendments made by this section shall be construed
to authorize major disaster or emergency assistance that is not
authorized as of the date of enactment of this Act.
SEC. 689h. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED PRIVATE
NONPROFIT EDUCATIONAL FACILITIES.
Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended by
inserting ``education,'' after ``communications,''.
[[Page 120 STAT. 1454]]
SEC. 689i. <<NOTE: 6 USC 776.>> INDIVIDUALS AND HOUSEHOLDS PILOT
PROGRAM.
(a) Pilot Program.--
(1) In general.--The President, acting through the
Administrator, in coordination with State, local, and tribal
governments, shall establish and conduct a pilot program. The
pilot program shall be designed to make better use of existing
rental housing, located in areas covered by a major disaster
declaration, in order to provide timely and cost-effective
temporary housing assistance to individuals and households
eligible for assistance under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174) where alternative housing options are less available or
less cost-effective.
(2) Administration.--
(A) In general.--For the purposes of the pilot
program under this section, the Administrator may--
(i) enter into lease agreements with owners of
multi-family rental property located in areas
covered by a major disaster declaration to house
individuals and households eligible for assistance
under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174);
(ii) make improvements to properties under
such lease agreements;
(iii) use the pilot program where the program
is cost effective in that the cost to the
Government for the lease agreements is in
proportion to the savings to the Government by not
providing alternative housing; and
(iv) limit repairs to those required to ensure
that the housing units shall meet Federal housing
quality standards.
(B) Improvements to leased properties.--Under the
terms of any lease agreement for a property described
under subparagraph (A)(ii), the value of the
contribution of the Agency to such improvements--
(i) shall be deducted from the value of the
lease agreement; and
(ii) may not exceed the value of the lease
agreement.
(3) Consultation.--In administering the pilot program under
this section, the Administrator may consult with State, local,
and tribal governments.
(4) Report.--
(A) In general.--Not later than March 31, 2009, the
Administrator shall submit to the appropriate committees
of Congress a report regarding the effectiveness of the
pilot program.
(B) Contents.--The Administrator shall include in
the report--
(i) an assessment of the effectiveness of the
pilot program under this section, including an
assessment of cost-savings to the Federal
Government and any benefits to individuals and
households eligible for assistance under section
408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) under
the pilot program;
[[Page 120 STAT. 1455]]
(ii) findings and conclusions of the
Administrator with respect to the pilot program;
(iii) an assessment of additional authorities
needed to aid the Agency in its mission of
providing disaster housing assistance to
individuals and households eligible for assistance
under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174), either under the pilot program under
this section or other potential housing programs;
and
(iv) any recommendations of the Administrator
for additional authority to continue or make
permanent the pilot program.
(b) Pilot Program Project Approval.--The Administrator shall not
approve a project under the pilot program after December 31, 2008.
SEC. 689j. <<NOTE: 6 USC 777.>> PUBLIC ASSISTANCE PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The President, acting through the
Administrator, and in coordination with State and local
governments, shall establish and conduct a pilot program to--
(A) reduce the costs to the Federal Government of
providing assistance to States and local governments
under sections 403(a)(3)(A), 406, and 407 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 1570b(a)(3), 5172, 5172);
(B) increase flexibility in the administration of
sections 403(a)(3)(A), 406, and 407 of that Act; and
(C) expedite the provision of assistance to States
and local governments provided under sections
403(a)(3)(A), 406, and 407 of that Act.
(2) Participation.--Only States and local governments that
elect to participate in the pilot program may participate in the
pilot program for a particular project.
(3) Innovative administration.--
(A) In general.--For purposes of the pilot program,
the Administrator shall establish new procedures to
administer assistance provided under the sections
referred to in paragraph (1).
(B) New procedures.--The new procedures established
under subparagraph (A) may include 1 or more of the
following:
(i) Notwithstanding section 406(c)(1)(A) of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
1571(c)(1)(A)), providing an option for a State or
local government to elect to receive an in-lieu
contribution in an amount equal to 90 percent of
the Federal share of the Federal estimate of the
cost of repair, restoration, reconstruction, or
replacement of a public facility owned or
controlled by the State or local government and of
management expenses.
(ii) Making grants on the basis of estimates
agreed to by the local government (or where no
local government is involved, by the State
government) and the
[[Page 120 STAT. 1456]]
Administrator to provide financial incentives and
disincentives for the local government (or where
no local government is involved, for the State
government) for the timely or cost effective
completion of projects under sections
403(a)(3)(A), 406, and 407 of that Act.
(iii) Increasing the Federal share for removal
of debris and wreckage for States and local
governments that have a debris management plan
approved by the Administrator and have pre-
qualified 1 or more debris and wreckage removal
contractors before the date of declaration of the
major disaster.
(iv) Using a sliding scale for the Federal
share for removal of debris and wreckage based on
the time it takes to complete debris and wreckage
removal.
(v) Using a financial incentive to recycle
debris.
(vi) Reimbursing base wages for employees and
extra hires of a State or local government
involved in or administering debris and wreckage
removal.
(4) Waiver.--The Administrator may waive such regulations or
rules applicable to the provisions of assistance under the
sections referred to in paragraph (1) as the Administrator
determines are necessary to carry out the pilot program under
this section.
(b) Report.--
(1) In general.--Not later than March 31, 2009, the
Administrator shall submit to the appropriate committees of
Congress a report regarding the effectiveness of the pilot
program under this section.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) an assessment by the Administrator of any
administrative or financial benefits of the pilot
program;
(B) an assessment by the Administrator of the
effect, including any savings in time and cost, of the
pilot program;
(C) any identified legal or other obstacles to
increasing the amount of debris recycled after a major
disaster;
(D) any other findings and conclusions of the
Administrator with respect to the pilot program; and
(E) any recommendations of the Administrator for
additional authority to continue or make permanent the
pilot program.
(c) Deadline for Initiation of Implementation.--The Administrator
shall initiate implementation of the pilot program under this section
not later than 90 days after the date of enactment of this Act.
(d) Pilot Program Project Duration.--The Administrator may not
approve a project under the pilot program under this section after
December 31, 2008.
SEC. 689k. DISPOSAL OF UNUSED TEMPORARY HOUSING UNITS.
(a) In General.--Notwithstanding section 408(d)(2)(B) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(d)(2)(B)), if the Administrator authorizes the disposal of an
unused temporary housing unit that is owned by the Agency on the date of
enactment of this Act and is not used to house individuals or households
under section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
[[Page 120 STAT. 1457]]
5174) after that date, such unit shall be disposed of under subchapter
III of chapter 5 of subtitle I of title 40, United States Code.
(b) Tribal Governments.--Housing units described in subsection (a)
shall be disposed of in coordination with the Department of the Interior
or other appropriate agencies in order to transfer such units to tribal
governments if appropriate.
Subtitle F--Prevention of Fraud, Waste, and Abuse
SEC. 691. <<NOTE: 6 USC 791.>> ADVANCE CONTRACTING.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a report
under paragraph (2) identifying--
(A) recurring disaster response requirements,
including specific goods and services, for which the
Agency is capable of contracting for in advance of a
natural disaster or act of terrorism or other man-made
disaster in a cost effective manner;
(B) recurring disaster response requirements,
including specific goods and services, for which the
Agency can not contract in advance of a natural disaster
or act of terrorism or other man-made disaster in a cost
effective manner; and
(C) a contracting strategy that maximizes the use of
advance contracts to the extent practical and cost-
effective.
(2) Submission.--The report under paragraph (1) shall be
submitted to the appropriate committees of Congress.
(b) Entering Into Contracts.--
(1) In general. <<NOTE: Deadline.>> --Not later than 1 year
after the date of enactment of this Act, the Administrator shall
enter into 1 or more contracts for each type of goods or
services identified under subsection (a)(1)(A), and in
accordance with the contracting strategy identified in
subsection (a)(1)(C). Any contract for goods or services
identified in subsection (a)(1)(A) previously awarded may be
maintained in fulfilling this requirement.
(2) Considered factors.--Before entering into any contract
under this subsection, the Administrator shall consider section
307 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5150), as amended by this Act.
(3) Prenegotiated federal contracts for goods and
services.--The Administrator, in coordination with State and
local governments and other Federal agencies, shall establish a
process to ensure that Federal prenegotiated contracts for goods
and services are coordinated with State and local governments,
as appropriate.
(4) Prenegotiated state and local contracts for goods and
services.--The Administrator shall encourage State and local
governments to establish prenegotiated contracts with vendors
for goods and services in advance of natural disasters and acts
of terrorism or other man-made disasters.
(c) Maintenance of Contracts.--After the date described under
subsection (b), the Administrator shall have the responsibility
[[Page 120 STAT. 1458]]
to maintain contracts for appropriate levels of goods and services in
accordance with subsection (a)(1)(C).
(d) Report on Contracts Not Using Competitive Procedures.--At the
end of each fiscal quarter, beginning with the first fiscal quarter
occurring at least 90 days after the date of enactment of this Act, the
Administrator shall submit a report on each disaster assistance contract
entered into by the Agency by other than competitive procedures to the
appropriate committees of Congress.
SEC. 692. <<NOTE: 6 USC 792.>> LIMITATIONS ON TIERING OF SUBCONTRACTORS.
(a) Regulations.--The Secretary shall promulgate regulations
applicable to contracts described in subsection (c) to minimize the
excessive use by contractors of subcontractors or tiers of
subcontractors to perform the principal work of the contract.
(b) Specific Requirement.--At a minimum, the regulations promulgated
under subsection (a) shall preclude a contractor from using subcontracts
for more than 65 percent of the cost of the contract or the cost of any
individual task or delivery order (not including overhead and profit),
unless the Secretary determines that such requirement is not feasible or
practicable.
(c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount
greater than the simplified acquisition threshold (as defined by section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403))
entered into by the Department to facilitate response to or recovery
from a natural disaster or act of terrorism or other man-made disaster.
SEC. 693. <<NOTE: 6 USC 793.>> OVERSIGHT AND ACCOUNTABILITY OF FEDERAL
DISASTER EXPENDITURES.
(a) Authority of Administrator to Designate Funds for Oversight
Activities.--The Administrator may designate up to 1 percent of the
total amount provided to a Federal agency for a mission assignment as
oversight funds to be used by the recipient agency for performing
oversight of activities carried out under the Agency reimbursable
mission assignment process. Such funds shall remain available until
expended.
(b) Use of Funds.--
(1) Types of oversight activities.--Oversight funds may be
used for the following types of oversight activities related to
Agency mission assignments:
(A) Monitoring, tracking, and auditing expenditures
of funds.
(B) Ensuring that sufficient management and internal
control mechanisms are available so that Agency funds
are spent appropriately and in accordance with all
applicable laws and regulations.
(C) Reviewing selected contracts and other
activities.
(D) Investigating allegations of fraud involving
Agency funds.
(E) Conducting and participating in fraud prevention
activities with other Federal, State, and local
government personnel and contractors.
(2) Plans and reports.--Oversight funds may be used to issue
the plans required under subsection (e) and the reports required
under subsection (f).
(c) Restriction on Use of Funds.--Oversight funds may not be used to
finance existing agency oversight responsibilities related
[[Page 120 STAT. 1459]]
to direct agency appropriations used for disaster response, relief, and
recovery activities.
(d) Methods of Oversight Activities.--
(1) In general.--Oversight activities may be carried out by
an agency under this section either directly or by contract.
Such activities may include evaluations and financial and
performance audits.
(2) Coordination of oversight activities.--To the extent
practicable, evaluations and audits under this section shall be
performed by the inspector general of the agency.
(e) Development of Oversight Plans.--
(1) In general.--If an agency receives oversight funds for a
fiscal year, the head of the agency shall prepare a plan
describing the oversight activities for disaster response,
relief, and recovery anticipated to be undertaken during the
subsequent fiscal year.
(2) Selection of oversight activities.--In preparing the
plan, the head of the agency shall select oversight activities
based upon a risk assessment of those areas that present the
greatest risk of fraud, waste, and abuse.
(3) Schedule.--The plan shall include a schedule for
conducting oversight activities, including anticipated dates of
completion.
(f) Federal Disaster Assistance Accountability Reports.--A Federal
agency receiving oversight funds under this section shall submit
annually to the Administrator and the appropriate committees of Congress
a consolidated report regarding the use of such funds, including
information summarizing oversight activities and the results achieved.
(g) Definition.--In this section, the term ``oversight funds'' means
funds referred to in subsection (a) that are designated for use in
performing oversight activities.
SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) is amended by striking section 307 and
inserting the following:
``SEC. 307. <<NOTE: 42 USC 5150.>> USE OF LOCAL FIRMS AND INDIVIDUALS.
``(a) Contracts or Agreements With Private Entities.--
``(1) In general.--In the expenditure of Federal funds for
debris clearance, distribution of supplies, reconstruction, and
other major disaster or emergency assistance activities which
may be carried out by contract or agreement with private
organizations, firms, or individuals, preference shall be given,
to the extent feasible and practicable, to those organizations,
firms, and individuals residing or doing business primarily in
the area affected by such major disaster or emergency.
``(2) Construction.--This subsection shall not be considered
to restrict the use of Department of Defense resources under
this Act in the provision of assistance in a major disaster.
``(3) Specific geographic area.--In carrying out this
section, a contract or agreement may be set aside for award
based on a specific geographic area.
``(b) Implementation.--
``(1) Contracts not to entities in area.--Any expenditure of
Federal funds for debris clearance, distribution of supplies,
reconstruction, and other major disaster or emergency
[[Page 120 STAT. 1460]]
assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals, not
awarded to an organization, firm, or individual residing or
doing business primarily in the area affected by such major
disaster shall be justified in writing in the contract file.
``(2) Transition.--Following the declaration of an emergency
or major disaster, an agency performing response, relief, and
reconstruction activities shall transition work performed under
contracts in effect on the date on which the President declares
the emergency or major disaster to organizations, firms, and
individuals residing or doing business primarily in any area
affected by the major disaster or emergency, unless the head of
such agency determines that it is not feasible or practicable to
do so.
``(c) Prior Contracts.--Nothing in this section shall be construed
to require any Federal agency to breach or renegotiate any contract in
effect before the occurrence of a major disaster or emergency.''.
SEC. 695. <<NOTE: 6 USC 794.>> LIMITATION ON LENGTH OF CERTAIN
NONCOMPETITIVE CONTRACTS.
(a) Regulations.--The Secretary shall promulgate regulations
applicable to contracts described in subsection (c) to restrict the
contract period of any such contract entered into using procedures other
than competitive procedures pursuant to the exception provided in
paragraph (2) of section 303(c) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum
contract period necessary--
(1) to meet the urgent and compelling requirements of the
work to be performed under the contract; and
(2) to enter into another contract for the required goods or
services through the use of competitive procedures.
(b) Specific Contract Period.--The regulations promulgated under
subsection (a) shall require the contract period to not to exceed 150
days, unless the Secretary determines that exceptional circumstances
apply.
(c) Covered Contracts.--This section applies to any contract in an
amount greater than the simplified acquisition threshold (as defined by
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403)) entered into by the Department to facilitate response to or
recovery from a natural disaster, act of terrorism, or other man-made
disaster.
SEC. 696. <<NOTE: 6 USC 795.>> FRAUD, WASTE, AND ABUSE CONTROLS.
(a) In General.--The Administrator shall ensure that--
(1) all programs within the Agency administering Federal
disaster relief assistance develop and maintain proper internal
management controls to prevent and detect fraud, waste, and
abuse;
(2) application databases used by the Agency to collect
information on eligible recipients must record disbursements;
(3) such tracking is designed to highlight and identify
ineligible applications; and
(4) the databases used to collect information from
applications for such assistance must be integrated with
disbursements and payment records.
(b) Audits and Reviews Required.--The Administrator shall ensure
that any database or similar application processing system
[[Page 120 STAT. 1461]]
for Federal disaster relief assistance programs administered by the
Agency undergoes a review by the Inspector General of the Agency to
determine the existence and implementation of such internal controls
required under this section and the amendments made by this section.
(c) Verification Measures for Individuals and Households Program.--
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Verification Measures.--In carrying out this section, the
President shall develop a system, including an electronic database, that
shall allow the President, or the designee of the President, to--
``(1) verify the identity and address of recipients of
assistance under this section to provide reasonable assurance
that payments are made only to an individual or household that
is eligible for such assistance;
``(2) minimize the risk of making duplicative payments or
payments for fraudulent claims under this section;
``(3) collect any duplicate payment on a claim under this
section, or reduce the amount of subsequent payments to offset
the amount of any such duplicate payment;
``(4) provide instructions to recipients of assistance under
this section regarding the proper use of any such assistance,
regardless of how such assistance is distributed; and
``(5) conduct an expedited and simplified review and appeal
process for an individual or household whose application for
assistance under this section is denied.''.
SEC. 697. <<NOTE: 6 USC 796.>> REGISTRY OF DISASTER RESPONSE
CONTRACTORS.
(a) Definitions.--In this section--
(1) the term ``registry'' means the registry created under
subsection (b); and
(2) the terms ``small business concern'', ``small business
concern owned and controlled by socially and economically
disadvantaged individuals'', ``small business concern owned and
controlled by women'', and ``small business concern owned and
controlled by service-disabled veterans'' have the meanings
given those terms under the Small Business Act (15 U.S.C. 631 et
seq.).
(b) Registry.--
(1) In general.--The Administrator shall establish and
maintain a registry of contractors who are willing to perform
debris removal, distribution of supplies, reconstruction, and
other disaster or emergency relief activities.
(2) Contents.--The registry shall include, for each business
concern--
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business concern;
(D) the type of good or service provided by the
business concern;
(E) the bonding level of the business concern; and
(F) whether the business concern is--
(i) a small business concern;
[[Page 120 STAT. 1462]]
(ii) a small business concern owned and
controlled by socially and economically
disadvantaged individuals;
(iii) a small business concern owned and
controlled by women; or
(iv) a small business concern owned and
controlled by service-disabled veterans.
(3) Source of information.--
(A) Submission.--Information maintained in the
registry shall be submitted on a voluntary basis and be
kept current by the submitting business concerns.
(B) Attestation.--Each business concern submitting
information to the registry shall submit--
(i) an attestation that the information is
true; and
(ii) documentation supporting such
attestation.
(C) Verification.--The Administrator shall verify
that the documentation submitted by each business
concern supports the information submitted by that
business concern.
(4) Availability of registry.--The registry shall be made
generally available on the Internet site of the Agency.
(5) Consultation of registry.--As part of the acquisition
planning for contracting for debris removal, distribution of
supplies in a disaster, reconstruction, and other disaster or
emergency relief activities, a Federal agency shall consult the
registry.
SEC. 698. <<NOTE: 6 USC 797.>> FRAUD PREVENTION TRAINING PROGRAM.
The Administrator shall develop and implement a program to provide
training on the prevention of waste, fraud, and abuse of Federal
disaster relief assistance relating to the response to or recovery from
natural disasters and acts of terrorism or other man-made disasters and
ways to identify such potential waste, fraud, and abuse.
Subtitle G--Authorization of Appropriations
SEC. 699. <<NOTE: 6 USC 811.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title and
the amendments made by this title for the administration and operations
of the Agency--
(1) for fiscal year 2008, an amount equal to the amount
appropriated for fiscal year 2007 for administration and
operations of the Agency, multiplied by 1.1;
(2) for fiscal year 2009, an amount equal to the amount
described in paragraph (1), multiplied by 1.1; and
(3) for fiscal year 2010, an amount equal to the amount
described in paragraph (2), multiplied by 1.1.
[[Page 120 STAT. 1463]]
Sec. 699A. <<NOTE: 6 USC 701 note.>> Except as expressly provided
otherwise, any reference to ``this Act'' contained in this title shall
be treated as referring only to the provisions of this title.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2007''.
Approved October 4, 2006.
LEGISLATIVE HISTORY--H.R. 5441:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 109-476 (Comm. on Appropriations) and 109-699
(Comm. of Conference).
SENATE REPORTS: No. 109-273 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 25, June 6, considered and passed House.
July 10-13, considered and passed Senate, amended.
Sept. 29, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 4, Presidential remarks and statement.
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