[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5441 Enrolled Bill (ENR)]
H.R.5441
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America 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 mission statement, an identification of
long-term goals, an explanation of how long-term goals will be
achieved, schedule and resource requirements for goal achievement, an
identification of annual performance goals and how they link to long-
term goals, an identification of annual performance measures used to
gauge effectiveness towards goal achievement by goal, and an
identification of major capital assets critical to program success.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $153,640,000:
Provided, That not to exceed $3,000 shall be for official reception and
representation expenses: Provided further, That of the total amount
provided, $8,206,000 shall remain available until expended solely for
the alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $26,000,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$349,013,000; of which $79,521,000 shall be available for salaries and
expenses; and of which $269,492,000 shall be available for development
and acquisition of information technology equipment, software,
services, and related activities for the Department of Homeland
Security, and for the costs of conversion to narrowband communications,
including the cost for operation of the land mobile radio legacy
systems, to remain available until expended: Provided, That none of the
funds appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and Immigrant
Status Indicator Technology project or the Automated Commercial
Environment: Provided further, That the Chief Information Officer shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, not more than 60 days after the date of enactment
of this Act, an expenditure plan for all information technology
projects that: (1) are funded under this heading; or (2) are funded by
multiple components of the Department of Homeland Security through
reimbursable agreements: Provided further, That such expenditure plan
shall include each specific project funded, key milestones, all funding
sources for each project, details of annual and lifecycle costs, and
projected cost savings or cost avoidance to be achieved by the project.
Analysis and Operations
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $299,663,000, to remain
available until September 30, 2008, of which not to exceed $5,000 shall
be for official reception and representation expenses.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000 shall not
be available for obligation until the Committees on Appropriations of
the Senate and the House of Representatives receive an expenditure plan
for fiscal year 2007.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $85,185,000, of which not to exceed $100,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General:
Provided, That the Department of Homeland Security Inspector General
shall investigate whether, and to what extent, in adjusting and
settling claims resulting from Hurricane Katrina, insurers making flood
insurance coverage available under the Write-Your-Own program pursuant
to section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C.
4081) and subpart C of part 62 of title 44, Code of Federal
Regulations, improperly attributed damages from such hurricane to
flooding covered under the insurance coverage provided under the
national flood insurance program rather than to windstorms covered
under coverage provided by such insurers or by windstorm insurance
pools in which such insurers participated: Provided further, That the
Department of Homeland Security Inspector General shall submit a report
to Congress not later than April 1, 2007, setting forth the conclusions
of such investigation.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,494,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $200,000,000 may not be obligated
for the United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information Officer
of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget;
(6) is reviewed by the Government Accountability Office;
(7) includes a comprehensive strategic plan for the United
States Visitor and Immigrant Status Indicator Technology project;
and
(8) includes a complete schedule for the full implementation of
a biometric exit program.
United States Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; purchase and
lease of up to 4,500 (3,500 for replacement only) police-type vehicles;
and contracting with individuals for personal services abroad;
$5,562,186,000; of which $379,602,000 shall be used to hire additional
border patrol agents, of which $93,000,000 shall be available until
September 30, 2008; of which $3,026,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to
the collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3))
and notwithstanding section 1511(e)(1) of the Homeland Security Act of
2002 (6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for
official reception and representation expenses; of which not less than
$175,796,000 shall be for Air and Marine Operations; of which such sums
as become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations;
and of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided, That of
the amount provided under this heading, $100,000,000 of inspection and
detection technology investments funding is designated as described in
section 520 of this Act: Provided further, That for fiscal year 2007,
the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any employee of
United States Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies.
automation modernization
For expenses for customs and border protection automated systems,
$451,440,000, to remain available until expended, of which not less
than $316,800,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $216,800,000 may not be obligated for the
Automated Commercial Environment until the Committees on Appropriations
of the Senate and the House of Representatives receive and approve a
plan for expenditure prepared by the Secretary of Homeland Security
that--
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information Officer
of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,187,565,000, to remain available
until expended: Provided, That of the amount provided under this
heading, $1,159,200,000 is designated as described in section 520 of
this Act: Provided further, That of the amount provided under this
heading, $950,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Secretary of
Homeland Security and submitted within 60 days after the date of
enactment of this Act, to establish a security barrier along the border
of the United States of fencing and vehicle barriers, where
practicable, and other forms of tactical infrastructure and technology,
that--
(1) defines activities, milestones, and costs for implementing
the program;
(2) demonstrates how activities will further the goals and
objectives of the Secure Border Initiative (SBI), as defined in the
SBI multi-year strategic plan;
(3) identifies funding and the organization staffing (including
full-time equivalents, contractors, and detailees) requirements by
activity;
(4) reports on costs incurred, the activities completed, and
the progress made by the program in terms of obtaining operational
control of the entire border of the United States;
(5) includes a certification by the Chief Procurement Officer
of the Department of Homeland Security that procedures to prevent
conflicts of interest between the prime integrator and major
subcontractors are established and a certification by the Chief
Information Officer of the Department of Homeland Security that an
independent verification and validation agent is currently under
contract for the project;
(6) complies with all applicable acquisition rules,
requirements, guidelines, and best systems acquisition management
practices of the Federal Government;
(7) complies with the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(8) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(9) is reviewed by the Government Accountability Office.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial vehicles, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $602,187,000, to remain
available until expended: Provided, That of the amount provided under
this heading, $232,000,000 of procurement is designated as described in
section 520 of this Act: Provided further, That no aircraft or other
related equipment, with the exception of aircraft that are one of a
kind and have been identified as excess to United States Customs and
Border Protection requirements and aircraft that have been damaged
beyond repair, shall be transferred to any other Federal agency,
department, or office outside of the Department of Homeland Security
during fiscal year 2007 without the prior approval of the Committees on
Appropriations of the Senate and the House of Representatives.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$232,978,000, to remain available until expended: Provided, That of the
amount provided under this heading, $110,000,000 is designated as
described in section 520 of this Act.
Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type vehicles;
$3,887,000,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $102,000 shall be for promotion of public awareness of the child
pornography tipline; of which not less than $203,000 shall be for
Project Alert; of which not less than $5,400,000 may be used to
facilitate agreements consistent with section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none of the
funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided, $15,770,000 shall
be for activities to enforce laws against forced child labor in fiscal
year 2007, of which not to exceed $6,000,000 shall remain available
until expended.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary submit a report, approved by the Office of Management and
Budget, to the Committees on Appropriations of the Senate and the House
of Representatives no later than November 1, 2006, demonstrating how
the operations of the Federal Protective Service will be fully funded
in fiscal year 2007 through revenues and collection of security fees.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $15,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $13,000,000 may
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information Officer
of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$56,281,000, to remain available until expended: Provided, That of the
amount provided under this heading, $30,000,000 is designated as
described in section 520 of this Act.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,731,814,000, to remain
available until September 30, 2008, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not to
exceed $3,768,266,000 shall be for screening operations, of which
$141,400,000 shall be available only for procurement of checked baggage
explosive detection systems and $138,000,000 shall be available only
for installation of checked baggage explosive detection systems; and
not to exceed $963,548,000 shall be for aviation security direction and
enforcement: Provided further, That of the funds appropriated under
this heading, $5,000,000 shall not be obligated until the Secretary of
Homeland Security submits to the Committees on Appropriations of the
Senate and the House of Representatives a detailed report in response
to findings in the Department of Homeland Security Office of Inspector
General report (OIG-04-44) concerning contractor fees: Provided
further, That security service fees authorized under section 44940 of
title 49, United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for aviation
security: Provided further, That the sum herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2007, so as to
result in a final fiscal year appropriation from the General Fund
estimated at not more than $2,311,814,000: Provided further, That any
security service fees collected in excess of the amount made available
under this heading shall become available during fiscal year 2008:
Provided further, That notwithstanding section 44923 of title 49,
United States Code, the share of the cost of the Federal Government for
a project under any letter of intent shall be 75 percent for any medium
or large hub airport and not more than 90 percent for any other
airport, and all funding provided by section 44923(h) of title 49,
United States Code, or from appropriations authorized under section
44923(i)(1) of title 49, United States Code, may be distributed in any
manner deemed necessary to ensure aviation security and to fulfill the
Government's planned cost share under existing letters of intent:
Provided further, That by December 1, 2006, the Transportation Security
Administration shall submit a detailed air cargo security action plan
addressing each of the recommendations contained in the 2005 Government
Accountability Office Report (GAO-06-76) on domestic air cargo security
to the Committees on Appropriations of the Senate and the House of
Representatives; the Committee on Homeland Security of the House of
Representatives; the Committee on Homeland Security and Governmental
Affairs of the Senate; and the Committee on Commerce, Science, and
Transportation of the Senate: Provided further, That Members of the
United States House of Representatives and United States Senate,
including the leadership; and the heads of Federal agencies and
commissions, including the Secretary, Under Secretaries, and Assistant
Secretaries of the Department of Homeland Security; the United States
Attorney General and Assistant Attorneys General and the United States
attorneys; and senior members of the Executive Office of the President,
including the Director of the Office of Management and Budget; shall
not be exempt from Federal passenger and baggage screening: Provided
further, That beginning in fiscal year 2007 and thereafter,
reimbursement for security services and related equipment and supplies
provided in support of general aviation access to the Ronald Reagan
Washington National Airport shall be credited to this appropriation and
shall be available until expended solely for those purposes: Provided
further, That none of the funds in this Act shall be used to recruit or
hire personnel into the Transportation Security Administration which
would cause the agency to exceed a staffing level of 45,000 full-time
equivalent screeners.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $37,200,000, to remain available until September 30, 2008.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $39,700,000, to remain available until September 30,
2008.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $525,283,000,
to remain available until September 30, 2008: Provided, That of the
funds appropriated under this heading, $5,000,000 may not be obligated
until the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed expenditure plan for explosive detection systems
refurbishment, procurement, and installations on an airport-by-airport
basis for fiscal year 2007: Provided further, That this plan shall be
submitted no later than 60 days after the date of enactment of this
Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $714,294,000.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
United States Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; payments pursuant to section 156 of Public Law 97-377
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$5,477,657,000, of which $340,000,000 shall be for defense-related
activities; of which $24,255,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $10,000 shall be for official reception and representation
expenses: Provided, That none of the funds made available by this or
any other Act shall be available for administrative expenses in
connection with shipping commissioners in the United States: Provided
further, That none of the funds made available by this Act shall be for
expenses incurred for yacht documentation under section 12109 of title
46, United States Code, except to the extent fees are collected from
yacht owners and credited to this appropriation: Provided further, That
not to exceed five percent of this appropriation may be transferred to
the ``Acquisition, Construction, and Improvements'' appropriation for
personnel compensation and benefits and related costs to adjust
personnel assignment to accelerate management and oversight of new or
existing projects without detrimentally affecting the management and
oversight of other projects: Provided further, That the amount made
available for ``Personnel, Compensation, and Benefits'' in the
``Acquisition, Construction, and Improvements'' appropriation shall not
be increased by more than 10 percent by such transfers: Provided
further, That the Committees on Appropriations of the Senate and the
House of Representatives shall be notified of each transfer within 30
days after it is executed by the Treasury.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the United States Coast Guard under
chapter 19 of title 14, United States Code, $10,880,000, to remain
available until expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $122,448,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,330,245,000, of which $19,800,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $26,550,000 shall be available until
September 30, 2011, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $15,000,000 shall be
available until September 30, 2011, to increase aviation capability; of
which $119,823,000 shall be available until September 30, 2009, for
other equipment; of which $22,000,000 shall be available until
September 30, 2009, for shore facilities and aids to navigation
facilities; of which $81,000,000 shall be available for personnel
compensation and benefits and related costs; and of which
$1,065,872,000 shall be available until September 30, 2011, for the
Integrated Deepwater Systems program: Provided, That the Commandant of
the Coast Guard is authorized to dispose of surplus real property, by
sale or lease, and the proceeds shall be credited to this appropriation
as offsetting collections and shall be available until September 30,
2009: Provided further, That the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, in conjunction with the President's fiscal year
2008 budget, a review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an annual
performance comparison of Deepwater assets to pre-Deepwater legacy
assets; a status report of legacy assets; a detailed explanation of how
the costs of legacy assets are being accounted for within the Deepwater
program; a description of how the Coast Guard is planning for the human
resource needs of Deepwater assets; a description of the competitive
process conducted in all contracts and subcontracts exceeding
$5,000,000 within the Deepwater program; and the earned value
management system gold card data for each Deepwater asset: Provided
further, That the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive review of the Revised Deepwater Implementation Plan every
five years, beginning in fiscal year 2011, that includes a complete
projection of the acquisition costs and schedule for the duration of
the plan through fiscal year 2027: Provided further, That the Secretary
shall annually submit to the Committees on Appropriations of the Senate
and the House of Representatives, at the time that the President's
budget is submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast Guard that
identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the next
five fiscal years or until project completion, whichever is
earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Committees on Appropriations of
the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further,
That of the amount provided under this heading, $175,800,000 is
designated as described in section 520 of this Act.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $16,000,000, to remain available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$17,000,000, to remain available until expended, of which $495,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,063,323,000.
United States Secret Service
protection, administration, and training
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 755 vehicles for police-type use,
of which 624 shall be for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings
in the District of Columbia, and fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees
where a protective assignment during the actual day or days of the
visit of a protectee requires an employee to work 16 hours per day or
to remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of United States
Secret Service employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if approval
is obtained in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and development;
grants to conduct behavioral research in support of protective research
and operations; and payment in advance for commercial accommodations as
may be necessary to perform protective functions; $961,779,000, of
which not to exceed $25,000 shall be for official reception and
representation expenses: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2008:
Provided further, That up to $18,400,000 for candidate nominee
protection shall remain available until September 30, 2009: Provided
further, That up to $1,000,000 for National Special Security Events
shall remain available until expended: Provided further, That of the
total amount provided under this heading, $2,000,000 shall not be
available for obligation until the Director of the Secret Service
submits a comprehensive workload re-balancing report to the Committees
on Appropriations of the Senate and the House of Representatives that
includes funding and position requirements for current investigative
and protective operations: Provided further, That the United States
Secret Service is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined in
section 105 of title 5, United States Code, receiving training
sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year.
INVESTIGATIONS AND FIELD OPERATIONS
For necessary expenses for investigations and field operations of
the United States Secret Service, not otherwise provided for, including
costs related to office space and services of expert witnesses at such
rate as may be determined by the Director of the Secret Service,
$311,154,000; of which not to exceed $100,000 shall be to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,366,000 shall
be for forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be a grant for
activities related to the investigations of missing and exploited
children and shall remain available until expended.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,725,000, to remain
available until expended: Provided, That of the total amount provided
under this heading, $500,000 shall not be available for obligation
until the Director of the Secret Service submits a revised master plan
to the Committees on Appropriations of the Senate and the House of
Representatives for the James J. Rowley Training Center.
TITLE III
PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
For salaries and expenses of the immediate Office of the Under
Secretary for Preparedness, the Office of the Chief Medical Officer,
and the Office of National Capital Region Coordination, $30,572,000, of
which no less than $2,741,000 may be used for the Office of National
Capital Region Coordination, and of which $6,459,000 shall be for the
National Preparedness Integration Program: Provided, That none of the
funds made available under this heading may be obligated for the
National Preparedness Integration Program until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure prepared by the Secretary of
Homeland Security: Provided further, That not to exceed $7,000 shall be
for official reception and representation expenses: Provided further,
That for purposes of planning, coordination and execution of mass
evacuation during a disaster, the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania, or their designees,
shall be included in efforts to integrate the activities of Federal,
State, and local governments in the National Capital Region, as defined
in section 882 of Public Law 107-296, the Homeland Security Act of
2002.
Office of Grants and Training
state and local programs
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other provision of
law, $2,531,000,000, which shall be allocated as follows:
(1) $525,000,000 for formula-based grants and $375,000,000 for
law enforcement terrorism prevention grants pursuant to section
1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That the
application for grants shall be made available to States within 45
days after the date of enactment of this Act; that States shall
submit applications within 90 days after the grant announcement;
and the Office of Grants and Training shall act within 90 days
after receipt of an application: Provided further, That not less
than 80 percent of any grant under this paragraph to a State shall
be made available by the State to local governments within 60 days
after the receipt of the funds; except in the case of Puerto Rico,
where not less than 50 percent of any grant under this paragraph
shall be made available to local governments within 60 days after
the receipt of the funds.
(2) $1,229,000,000 for discretionary grants, as determined by
the Secretary of Homeland Security, of which--
(A) $770,000,000 shall be for use in high-threat, high-
density urban areas: Provided, That not later than September
30, 2007, the Secretary shall distribute any unallocated funds
made available for assistance to organizations (as described
under section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code)
determined by the Secretary to be at high-risk of international
terrorist attack under title III of the Department of Homeland
Security Appropriations Act, 2006 under the heading ``Office
for Domestic Preparedness--State and Local Programs'' (Public
Law 109-90; 119 Stat. 2075) in paragraph (2)(A): Provided
further, That applicants shall identify for the Secretary's
consideration prior threats or attacks (within or outside the
United States) by a terrorist organization, network, or cell
against an organization described in the previous proviso, and
the Secretary shall consider prior threats or attacks (within
or outside the United States) against like organizations when
determining risk: Provided further, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives the high risk or potential high risk
to each designated tax exempt grantee at least five full
business days in advance of the announcement of any grant
award;
(B) $210,000,000 shall be for port security grants pursuant
to the purposes of section 70107(a) through (h) of title 46,
United States Code, which shall be awarded based on risk
notwithstanding subsection (a), for eligible costs as described
in subsections (b)(2) through (4);
(C) $12,000,000 shall be for trucking industry security
grants;
(D) $12,000,000 shall be for intercity bus security grants;
(E) $175,000,000 shall be for intercity rail passenger
transportation (as defined in section 24102 of title 49, United
States Code), freight rail, and transit security grants; and
(F) $50,000,000 shall be for buffer zone protection grants:
Provided, That for grants under subparagraph (A), the application
for grants shall be made available to States within 45 days after
the date of enactment of this Act; that States shall submit
applications within 90 days after the grant announcement; and that
the Office of Grants and Training shall act within 90 days after
receipt of an application: Provided further, That no less than 80
percent of any grant under this paragraph to a State shall be made
available by the State to local governments within 60 days after
the receipt of the funds: Provided further, That for grants under
subparagraphs (B) through (F), the applications for such grants
shall be made available to eligible applicants not later than 75
days after the date of enactment of this Act, eligible applicants
shall submit applications not later than 45 days after the date of
the grant announcement, and the Office of Grants and Training shall
act on such applications not later than 60 days after the date on
which such an application is received.
(3) $50,000,000 shall be available for the Commercial Equipment
Direct Assistance Program.
(4) $352,000,000 for training, exercises, technical assistance,
and other programs:
Provided, That none of the grants provided under this heading shall be
used for the construction or renovation of facilities, except for a
minor perimeter security project, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided
further, That the preceding proviso shall not apply to grants under
subparagraphs (B), (E), and (F) of paragraph (2) of this heading:
Provided further, That grantees shall provide additional reports on
their use of funds, as determined necessary by the Secretary of
Homeland Security: Provided further, That funds appropriated for law
enforcement terrorism prevention grants under paragraph (1) of this
heading and discretionary grants under paragraph (2)(A) of this heading
shall be available for operational costs, to include personnel overtime
and overtime associated with the Office of Grants and Training
certified training, as needed: Provided further, That the Government
Accountability Office shall report on the validity, relevance,
reliability, timeliness, and availability of the risk factors
(including threat, vulnerability, and consequence) used by the
Secretary for the purpose of allocating discretionary grants funded
under this heading, and the application of those factors in the
allocation of funds to the Committees on Appropriations of the Senate
and the House of Representatives on its findings not later than 45 days
after the date of enactment of this Act: Provided further, That within
seven days after the date of enactment of this Act, the Secretary shall
provide the Government Accountability Office with the risk methodology
and other factors that will be used to allocate discretionary grants
funded under this heading.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$662,000,000, of which $547,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $115,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2008: Provided, That not to exceed
five percent of this amount shall be available for program
administration.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $200,000,000: Provided, That total
administrative costs shall not exceed three percent of the total
appropriation.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2007, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2007, and remain
available until expended.
United States Fire Administration and Training
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland security
Act of 2002 (6 U.S.C. 101 et seq.), $46,849,000.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$547,633,000, of which $470,633,000 shall remain available until
September 30, 2008: Provided, That of the amount made available under
this heading, $10,000,000 may not be obligated until the Secretary
submits to the Committees on Appropriations of the Senate and House of
Representatives the report required in House Report 109-241
accompanying the Department of Homeland Security Appropriations Act,
2006 (Public Law 109-90) on Department of Homeland Security resources
necessary to implement mandatory security requirements for the Nation's
chemical sector and to create a system for auditing and ensuring
compliance with the security standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Administrative and Regional Operations
For necessary expenses for administrative and regional operations,
$282,000,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C.
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That
not to exceed $3,000 shall be for official reception and representation
expenses.
Readiness, Mitigation, Response, and Recovery
For necessary expenses for readiness, mitigation, response, and
recovery activities, $244,000,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National Security Act
of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5
U.S.C. App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.): Provided, That of the total amount made available under this
heading, $25,000,000 shall be for Urban Search and Rescue Teams, of
which not to exceed $1,600,000 may be made available for administrative
costs.
Public Health Programs
(including transfer of funds)
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations, $33,885,000:
Provided, That the total amount appropriated and, notwithstanding any
other provision of law, the functions, personnel, assets, and
liabilities of the National Disaster Medical System established under
section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-
11(b)), including any functions of the Secretary of Homeland Security
relating to such System, shall be permanently transferred to the
Secretary of the Department of Health and Human Services effective
January 1, 2007.
Disaster Relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,500,000,000, to remain available until expended: Provided, That of
the total amount provided, not to exceed $13,500,000 shall be
transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to natural disasters
subject to section 503 of this Act.
Disaster Assistance Direct Loan Program Account
For administrative expenses to carry out the direct loan program,
as authorized by section 319 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5162), $569,000: Provided, That
gross obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed three
percent of the total appropriation.
National Flood Insurance Fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $128,588,000, which is available as follows: (1)
not to exceed $38,230,000 for salaries and expenses associated with
flood mitigation and flood insurance operations; and (2) not to exceed
$90,358,000 for flood hazard mitigation which shall be derived from
offsetting collections assessed and collected under section 1307 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to
remain available until September 30, 2008, including up to $31,000,000
for flood mitigation expenses under section 1366 of that Act, which
amount shall be available for transfer to the National Flood Mitigation
Fund until September 30, 2008: Provided, That in fiscal year 2007, no
funds shall be available from the National Flood Insurance Fund in
excess of: (1) $70,000,000 for operating expenses; (2) $692,999,000 for
commissions and taxes of agents; (3) such sums as are necessary for
interest on Treasury borrowings; and (4) $50,000,000 for flood
mitigation actions with respect to severe repetitive loss properties
under section 1361A of that Act (42 U.S.C. 4102a) and repetitive
insurance claims properties under section 1323 of that Act (42 U.S.C.
4030), which shall remain available until expended: Provided further,
That total administrative costs shall not exceed three percent of the
total appropriation.
National Flood Mitigation Fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
subsection (f), of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), $31,000,000, to remain available until
September 30, 2008, for activities designed to reduce the risk of flood
damage to structures pursuant to such Act, of which $31,000,000 shall
be derived from the National Flood Insurance Fund.
National Predisaster Mitigation Fund
For a predisaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.), $100,000,000, to remain available until expended:
Provided, That grants made for predisaster mitigation shall be awarded
on a competitive basis subject to the criteria in section 203(g) of
such Act (42 U.S.C. 5133(g)): Provided further, That total
administrative costs shall not exceed three percent of the total
appropriation.
Emergency Food and Shelter
To carry out an emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $151,470,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total appropriation.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$181,990,000, of which $93,500,000 is available until expended:
Provided, That $47,000,000 may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a strategic transformation plan for United States
Citizenship and Immigration Services that has been reviewed and
approved by the Secretary of Homeland Security and reviewed by the
Government Accountability Office.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $211,033,000, of which up to $43,910,000 for
materials and support costs of Federal law enforcement basic training
shall remain available until September 30, 2008; of which $300,000
shall remain available until expended for Federal law enforcement
agencies participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for the needs
of participating agencies; and of which not to exceed $12,000 shall be
for official reception and representation expenses: Provided, That the
Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by the
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note) is amended by striking ``5 years after the
date of the enactment of this Act'' and inserting ``December 31,
2007'', and by striking ``250'' and inserting ``350''.
acquisition, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $64,246,000, to remain available until expended:
Provided, That of the amount provided under this heading, $22,000,000
is designated as described in section 520 of this Act: Provided
further, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $135,000,000: Provided,
That of the amount provided under this heading, $60,000,000 shall not
be obligated until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve an expenditure plan by
program, project, and activity; with a detailed breakdown and
justification of the management and administrative costs for each;
prepared by the Secretary of Homeland Security that has been reviewed
by the Government Accountability Office: Provided further, That the
expenditure plan shall describe the method utilized to derive
administration costs in fiscal year 2006 and the fiscal year 2007
budget request: Provided further, That not to exceed $3,000 shall be
for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); and the purchase or lease
of not to exceed five vehicles, $838,109,000, to remain available until
expended: Provided, That of the amounts made available under this
heading, $50,000,000 may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a report prepared by the Under Secretary of Science and
Technology that describes the progress to address financial management
deficiencies, improve its management controls, and implement
performance measures and evaluations.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection Office
and for management and administration of programs and activities,
$30,468,000: Provided, That no funds will be made available for the
reimbursement of individuals from other Federal agencies or
organizations in fiscal year 2009: Provided further, That not to exceed
$3,000 shall be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation and operations, $272,500,000, to
remain available until expended: Provided, That of the amount provided
under this heading, $15,000,000 shall not be obligated until the
Secretary of Homeland Security provides notification to the Committees
on Appropriations of the Senate and the House of Representatives that
the Domestic Nuclear Detection Office has entered into a Memorandum of
Understanding with each Federal entity and organization: Provided
further, That each Memorandum of Understanding shall include a
description of the role, responsibilities, and resource commitment of
each Federal entity or organization for the global architecture.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $178,000,000, to remain
available until September 30, 2009; and of which no less than
$143,000,000 shall be for radiation portal monitors; and of which not
to exceed $5,000,000 shall be for the Surge program: Provided, That
none of the funds appropriated under this heading shall be obligated
for full scale procurement of Advanced Spectroscopic Portal Monitors
until the Secretary of Homeland Security has certified through a report
to the Committees on Appropriations of the Senate and the House of
Representatives that a significant increase in operational
effectiveness will be achieved.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act: Provided, That balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2007, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either of the Committees
on Appropriations of the Senate or House of Representatives for a
different purpose; or (5) contracts out any function or activity for
which funds have been appropriated for Federal full-time equivalent
positions; unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2007, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress; unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) of this section and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
which imminently threaten the safety of human life or the protection of
property.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to make
payments to the ``Department of Homeland Security Working Capital
Fund'', except for the activities and amounts allowed in the
President's fiscal year 2007 budget, excluding sedan service, shuttle
service, transit subsidy, mail operations, parking, and competitive
sourcing: Provided, That any additional activities and amounts shall be
approved by the Committees on Appropriations of the Senate and the
House of Representatives 30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2007 from appropriations for salaries and expenses
for fiscal year 2007 in this Act shall remain available through
September 30, 2008, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2007 until the enactment of an Act authorizing
intelligence activities for fiscal year 2007.
Sec. 507. The Federal Law Enforcement Training Center shall lead
the Federal law enforcement training accreditation process, to include
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 508. None of the funds in this Act may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
to issue a letter of intent totaling in excess of $1,000,000, or to
announce publicly the intention to make such an award, unless the
Secretary of Homeland Security notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
three full business days in advance: Provided, That no notification
shall involve funds that are not available for obligation: Provided
further, That the Office of Grants and Training shall brief the
Committees on Appropriations of the Senate and the House of
Representatives five full business days in advance of announcing
publicly the intention of making an award of formula-based grants; law
enforcement terrorism prevention grants; or high-threat, high-density
urban areas grants.
Sec. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 510. The Director of the Federal Law Enforcement Training
Center shall schedule basic and/or advanced law enforcement training at
all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that these training centers are
operated at the highest capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not
been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
Sec. 513. Notwithstanding any other provision of law, the authority
of the Office of Personnel Management to conduct personnel security and
suitability background investigations, update investigations, and
periodic reinvestigations of applicants for, or appointees in,
positions in the Office of the Secretary and Executive Management, the
Office of the Under Secretary for Management, Analysis and Operations,
Immigration and Customs Enforcement, the Directorate for Preparedness,
and the Directorate of Science and Technology of the Department of
Homeland Security is transferred to the Department of Homeland
Security: Provided, That on request of the Department of Homeland
Security, the Office of Personnel Management shall cooperate with and
assist the Department in any investigation or reinvestigation under
this section: Provided further, That this section shall cease to be
effective at such time as the President has selected a single agency to
conduct security clearance investigations pursuant to section 3001(c)
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 50 U.S.C. 435b) and the entity selected pursuant to
section 3001(b) of such Act has reported to Congress that the agency
selected pursuant to such section 3001(c) is capable of conducting all
necessary investigations in a timely manner or has authorized the
entities within the Department of Homeland Security covered by this
section to conduct their own investigations pursuant to section 3001 of
such Act.
Sec. 514. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Secure Flight program or any other
follow on or successor passenger prescreening program, until the
Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations of
the Senate and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of section 522(a)
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted within
90 days after the Secretary provides the requisite certification, and
periodically thereafter, if necessary, until the Government
Accountability Office confirms that all ten conditions have been
successfully met.
(c) Within 90 days of enactment of this Act, the Secretary shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives a detailed plan that describes: (1) the dates for
achieving key milestones, including the date or timeframes that the
Secretary will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's certification, as
required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or previous appropriations
Acts may be utilized for data or a database that is obtained from or
remains under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data obtained from
air carriers.
Sec. 515. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 516. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 517. (a) None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director of
the United States Secret Service may enter into an agreement to perform
such service on a fully reimbursable basis.
(b) Beginning in fiscal year 2008, none of the funds appropriated
by this or any other Act to the United States Secret Service shall be
made available for the protection of a person, other than persons
granted protection under section 3056(a) of title 18, United States
Code, and the Secretary of Homeland Security: Provided, That the
Director of the United States Secret Service may enter into an
agreement to perform such protection on a fully reimbursable basis for
protectees not designated under section 3056(a) of title 18, United
States Code.
Sec. 518. The Secretary of Homeland Security, in consultation with
industry stakeholders, shall develop standards and protocols for
increasing the use of explosive detection equipment to screen air cargo
when appropriate.
Sec. 519. (a) The Secretary of Homeland Security is directed to
research, develop, and procure new technologies to inspect and screen
air cargo carried on passenger aircraft at the earliest date possible.
(b) Existing checked baggage explosive detection equipment and
screeners shall be utilized to screen air cargo carried on passenger
aircraft to the greatest extent practicable at each airport until
technologies developed under subsection (a) are available.
(c) The Transportation Security Administration shall report air
cargo inspection statistics quarterly to the Committees on
Appropriations of the Senate and the House of Representatives, by
airport and air carrier, within 45 days after the end of the quarter
including any reason for non-compliance with the second proviso of
section 513 of the Department of Homeland Security Appropriations Act,
2005 (Public Law 108-334, 118 Stat. 1317).
Sec. 520. For purposes of this Act, any designation referring to
this section is the designation of an amount as making appropriations
for contingency operations directly related to the global war on
terrorism, and other unanticipated defense-related operations, pursuant
to section 402 of H. Con. Res. 376 (109th Congress) as made applicable
to the House of Representatives by H. Res. 818 (109th Congress), and as
an emergency requirement pursuant to section 402 of S. Con. Res. 83
(109th Congress) as made applicable to the Senate by section 7035 of
Public Law 109-234.
Sec. 521. (a) Rescission.--From the unexpended balances of the
United States Coast Guard ``Acquisition, Construction, and
Improvements'' account specifically identified in the Joint Explanatory
Statement (House Report 109-241) accompanying Public Law 109-90 for the
Fast Response Cutter, the service life extension program of the current
110-foot Island Class patrol boat fleet, and accelerated design and
production of the Fast Response Cutter, $78,693,508 are rescinded.
(b) Additional Appropriation.--For necessary expenses of the United
States Coast Guard for ``Acquisition, Construction, and Improvements'',
there is appropriated an additional $78,693,508, to remain available
until September 30, 2009, for the service life extension program of the
current 110-foot Island Class patrol boat fleet and the acquisition of
traditional patrol boats (``parent craft'').
Sec. 522. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under section
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter,
direct that changes be made to, delay, or prohibit the transmission to
Congress of any report prepared under paragraph (6) of such section.
Sec. 523. No funding provided by this or previous appropriation
Acts shall be available to pay the salary of any employee serving as a
contracting officer's technical representative (COTR), or anyone acting
in a similar or like capacity, who has not received COTR training.
Sec. 524. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' in fiscal years 2004, 2005, and
2006 that are recovered or deobligated shall be available only for
procurement and installation of explosive detection systems for air
cargo, baggage, and checkpoint screening systems, subject to
notification.
Sec. 525. (a) Within 30 days after enactment of this Act, the
Secretary of Homeland Security shall revise Department of Homeland
Security (DHS) Management Directive (MD) 11056 to provide for the
following:
(1) That when a lawful request is made to publicly release a
document containing information designated as sensitive security
information (SSI), the document shall be reviewed in a timely
manner to determine whether any information contained in the
document meets the criteria for continued SSI protection under
applicable law and regulation and shall further provide that all
portions that no longer require SSI designation be released,
subject to applicable law, including sections 552 and 552a of title
5, United States Code;
(2) That sensitive security information that is three years old
and not incorporated in a current transportation security
directive, security plan, contingency plan, or information
circular; or does not contain current information in one of the
following SSI categories: equipment or personnel performance
specifications, vulnerability assessments, security inspection or
investigative information, threat information, security measures,
security screening information, security training materials,
identifying information of designated transportation security
personnel, critical aviation or maritime infrastructure asset
information, systems security information, confidential business
information, or research and development information shall be
subject to release upon request unless:
(A) the Secretary or his designee makes a written
determination that identifies a rational reason why the
information must remain SSI; or
(B) such information is otherwise exempt from disclosure
under applicable law:
Provided, That any determination made by the Secretary under clause
(a)(2)(A) shall be provided to the party making a request to
release such information and to the Committees on Appropriations of
the Senate and the House of Representatives as part of the annual
reporting requirement pursuant to section 537 of the Department of
Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119
Stat. 2088); and
(3) Common and extensive examples of the individual categories
of SSI information cited under 49 CFR 1520(b)(1) through (16) in
order to minimize and standardize judgment by covered persons in
the application of SSI marking.
(b) Not later than 120 days after the date of enactment of this
Act, the Secretary of Homeland Security shall report to the Committees
on Appropriations of the Senate and the House of Representatives on the
progress that the Department has made in implementing the requirements
of this section and of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2088).
(c) Not later than one year from the date of enactment of this Act,
the Government Accountability Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives on DHS
progress and procedures in implementing the requirements of this
section.
(d) That in civil proceedings in the United States District Courts,
where a party seeking access to SSI demonstrates that the party has
substantial need of relevant SSI in the preparation of the party's case
and that the party is unable without undue hardship to obtain the
substantial equivalent of the information by other means, the party or
party's counsel shall be designated as a covered person under 49 CFR
Part 1520.7 in order to have access to the SSI at issue in the case,
provided that the overseeing judge enters an order that protects the
SSI from unauthorized or unnecessary disclosure and specifies the terms
and conditions of access, unless upon completion of a criminal history
check and terrorist assessment like that done for aviation workers on
the persons seeking access to SSI, or based on the sensitivity of the
information, the Transportation Security Administration or DHS
demonstrates that such access to the information for the proceeding
presents a risk of harm to the nation: Provided, That notwithstanding
any other provision of law, an order granting access to SSI under this
section shall be immediately appealable to the United States Courts of
Appeals, which shall have plenary review over both the evidentiary
finding and the sufficiency of the order specifying the terms and
conditions of access to the SSI in question: Provided further, That
notwithstanding any other provision of law, the Secretary may assess a
civil penalty of up to $50,000 for each violation of 49 CFR Part 1520
by persons provided access to SSI under this provision.
Sec. 526. The Department of Homeland Security Working Capital Fund,
established, pursuant to section 403 of Public Law 103-356 (31 U.S.C.
501 note), shall continue operations during fiscal year 2007.
Sec. 527. Rescission. Of the unobligated balances from prior year
appropriations made available for the ``Counterterrorism Fund'',
$16,000,000 are rescinded.
Sec. 528. (a) The report required by Public Law 109-62 and Public
Law 109-90 detailing the allocation and obligation of funds for
``Disaster Relief'' shall hereafter be submitted monthly and include:
(1) status of the Disaster Relief Fund (DRF) including obligations,
allocations, and amounts undistributed/unallocated; (2) allocations,
obligations, and expenditures for Hurricanes Katrina, Rita, and Wilma;
(3) information on national flood insurance claims; (4) information on
manufactured housing data; (5) information on hotel/motel data; (6)
obligations, allocations and expenditures by State for unemployment,
crisis counseling, inspections, housing assistance, manufactured
housing, public assistance and individual assistance; (7) mission
assignment obligations by agency, including: (i) the amounts reimbursed
to other agencies that are in suspense because FEMA has not yet
reviewed and approved the documentation supporting the expenditure; and
(ii) a disclaimer if the amounts of reported obligations and
expenditures do not reflect the status of such obligations and
expenditures from a government-wide perspective; (8) the amount of
credit card purchases by agency and mission assignment; (9) specific
reasons for all waivers granted and a description of each waiver; and
(10) a list of all contracts that were awarded on a sole source or
limited competition basis, including the dollar amount, the purpose of
the contract and the reason for the lack of competitive award.
(b) The Secretary of Homeland Security shall at least quarterly
obtain and report from agencies performing mission assignments each
such agency's actual obligation and expenditure data.
(c) For any request for reimbursement from a Federal agency to the
Department of Homeland Security to cover expenditures under the
Stafford Act (42 U.S.C. 5121 et seq.), or any mission assignment orders
issued by the Department of Homeland Security for such purposes, the
Secretary of Homeland Security shall take appropriate steps to ensure
that each agency is periodically reminded of Department of Homeland
Security policies on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
Sec. 529. Rescission. Of the unobligated balances from prior year
appropriations made available for Science and Technology, $125,000,000
from ``Research, Development, Acquisition, and Operations'' are
rescinded.
Sec. 530. None of the funds made available in this Act may be used
to enforce section 4025(1) of Public Law 108-458 if the Assistant
Secretary (Transportation Security Administration) determines that
butane lighters are not a significant threat to civil aviation
security: Provided, That the Assistant Secretary (Transportation
Security Administration) shall notify the Committees on Appropriations
of the Senate and the House of Representatives 15 days in advance of
such determination including a report on whether the effectiveness of
screening operations is enhanced by suspending enforcement of the
prohibition.
Sec. 531. Within 45 days after the close of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report that includes
total obligations and on-board versus funded full-time equivalent
staffing levels.
Sec. 532. (a) United States Secret Service Use of Proceeds Derived
From Criminal Investigations.--During fiscal year 2007, with respect to
any undercover investigative operation of the United States Secret
Service (hereafter referred to in this section as the ``Secret
Service'') that is necessary for the detection and prosecution of
crimes against the United States--
(1) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years, may be used
for purchasing property, buildings, and other facilities, and for
leasing space, within the United States, the District of Columbia,
and the territories and possessions of the United States, without
regard to sections 1341 and 3324 of title 31, United States Code,
section 8141 of title 40, United States Code, sections 3732(a) and
3741 of the Revised Statutes of the United States (41 U.S.C. 11(a)
and 22), and sections 304(a) and 305 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C 254(a) and 255);
(2) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years, may be used
to establish or to acquire proprietary corporations or business
entities as part of such undercover operation, and to operate such
corporations or business entities on a commercial basis, without
regard to sections 9102 and 9103 of title 31, United States Code;
(3) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years and the
proceeds from such undercover operation, may be deposited in banks
or other financial institutions, without regard to section 648 of
title 18, and section 3302 of title 31, United States Code; and
(4) proceeds from such undercover operation may be used to
offset necessary and reasonable expenses incurred in such
operation, without regard to section 3302 of title 31, United
States Code.
(b) Written Certification.--The authority set forth in subsection
(a) may be exercised only upon the written certification of the
Director of the Secret Service or designee that any action authorized
by any paragraph of such subsection is necessary for the conduct of an
undercover investigative operation. Such certification shall continue
in effect for the duration of such operation, without regard to fiscal
years.
(c) Deposit of Proceeds in Treasury.--As soon as practicable after
the proceeds from an undercover investigative operation with respect to
which an action is authorized and carried out under paragraphs (3) and
(4) of subsection (a) are no longer necessary for the conduct of such
operation, such proceeds or the balance of such proceeds remaining at
the time shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(d) Reporting and Deposit of Proceeds Upon Disposition of Certain
Business Entities.--If a corporation or business entity established or
acquired as part of an undercover investigative operation under
paragraph (2) of subsection (a) with a net value of over $50,000 is to
be liquidated, sold, or otherwise disposed of, the Secret Service, as
much in advance as the Director or designee determines is practicable,
shall report the circumstance to the Secretary of Homeland Security.
The proceeds of the liquidation, sale, or other disposition, after
obligations are met, shall be deposited in the Treasury of the United
States as miscellaneous receipts.
(e) Financial Audits and Reports.--
(1) The Secret Service shall conduct detailed financial audits
of closed undercover investigative operations for which a written
certification was made pursuant to subsection (b) on a quarterly
basis and shall report the results of the audits in writing to the
Secretary of Homeland Security.
(2) The Secretary of Homeland Security shall annually submit to
the Committees on Appropriations of the Senate and House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, a summary of such
audits.
Sec. 533. The Director of the Domestic Nuclear Detection Office
shall operate extramural and intramural research, development,
demonstrations, testing and evaluation programs so as to distribute
funding through grants, cooperative agreements, other transactions and
contracts.
Sec. 534. Notwithstanding any other provision of law, the Secretary
of Homeland Security shall consider the Hancock County Port and Harbor
Commission in Mississippi eligible under the Federal Emergency
Management Agency Public Assistance Program for all costs incurred for
dredging from navigation channel in Little Lake, Louisiana, sediment
deposited as a result of Hurricane George in 1998: Provided, That the
appropriate Federal share shall apply to approval of this project.
Sec. 535. None of the funds made available in this Act for United
States Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug (within
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic
Act) from importing a prescription drug from Canada that complies with
the Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 536. The Department of Homeland Security shall, in approving
standards for State and local emergency preparedness operational plans
under section 613(b)(3) of the Robert T. Stafford Disaster and
Emergency Assistance Act (42 U.S.C. 5196b(b)(3)), account for the needs
of individuals with household pets and service animals before, during,
and following a major disaster or emergency: Provided, That Federal
agencies may provide assistance as described in section 403(a) of the
Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C.
5170b(a)) to carry out the plans described in the previous proviso.
Sec. 537. Rescission. From the unobligated balances from prior year
appropriations made available for Transportation Security
Administration ``Aviation Security'' and ``Headquarters
Administration'', $4,776,000 are rescinded.
Sec. 538. Rescission. From the unobligated balances from prior year
appropriations made available for Transportation Security
Administration ``Aviation Security'', $61,936,000 are rescinded.
Sec. 539. Rescission. From the unexpended balances of the United
States Coast Guard ``Acquisition, Construction, and Improvements''
account specifically identified in the Joint Explanatory Statement
(House Report 109-241) accompanying the Department of Homeland Security
Act, 2006 (Public Law 109-90) for the development of the Offshore
Patrol Cutter, $20,000,000 are rescinded.
Sec. 540. Rescission. From the unexpended balances of the United
States Coast Guard ``Acquisition, Construction, and Improvements''
account specifically identified in the Joint Explanatory Statement
(House Report 109-241) accompanying the Department of Homeland Security
Act, 2006 (Public Law 109-90) for the Automatic Identification System,
$4,100,000 are rescinded.
Sec. 541. Notwithstanding the requirements of section 404(b)(2)(B)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
the Army Corps of Engineers may use Lot 19, Block 1 of the Meadowview
Acres Addition and Lot 8, Block 5 of the Meadowview Acres Addition in
Augusta, Kansas, for building portions of the flood-control levee.
Sec. 542. Notwithstanding any time limitation established for a
grant awarded under title I, chapter 6, Public Law 106-31, in the item
relating to Federal Emergency Management Agency--Disaster Assistance
for Unmet Needs, the City of Cuero, Texas, may use funds received under
such grant program until September 30, 2007.
Sec. 543. None of the funds made available by this Act shall be
used in contravention of the Federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of title V
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et
seq.), or subtitle A of title I of the Energy Policy Act of 2005
(including the amendments made thereby).
Sec. 544. The Federal Law Enforcement Training Center instructor
staff shall be classified as inherently governmental for the purpose of
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501
note).
Sec. 545. None of the funds made available in this Act may be used
in contravention of section 303 of the Energy Policy Act of 1992 (42
U.S.C. 13212).
Sec. 546. Section 7209(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
note) is amended by striking from ``(1) Development of plan.--The
Secretary'' through ``7208(k)).'' and inserting the following:
``(1) Development of plan and implementation.--
``(A) The Secretary of Homeland Security, in consultation
with the Secretary of State, shall develop and implement a plan
as expeditiously as possible to require a passport or other
document, or combination of documents, deemed by the Secretary
of Homeland Security to be sufficient to denote identity and
citizenship, for all travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later
than three months after the Secretary of State and the
Secretary of Homeland Security make the certifications required
in subsection (B), or June 1, 2009, whichever is earlier. The
plan shall seek to expedite the travel of frequent travelers,
including those who reside in border communities, and in doing
so, shall make readily available a registered traveler program
(as described in section 7208(k)).
``(B) The Secretary of Homeland Security and the Secretary
of State shall jointly certify to the Committees on
Appropriations of the Senate and the House of Representatives
that the following criteria have been met prior to
implementation of section 7209(b)(1)(A)--
``(i) the National Institute of Standards and
Technology certifies that the Departments of Homeland
Security and State have selected a card architecture that
meets or exceeds International Organization for
Standardization (ISO) security standards and meets or
exceeds best available practices for protection of personal
identification documents: Provided, That the National
Institute of Standards and Technology shall also assist the
Departments of Homeland Security and State to incorporate
into the architecture of the card the best available
practices to prevent the unauthorized use of information on
the card: Provided further, That to facilitate efficient
cross-border travel, the Departments of Homeland Security
and State shall, to the maximum extent possible, develop an
architecture that is compatible with information technology
systems and infrastructure used by United States Customs
and Border Protection;
``(ii) the technology to be used by the United States
for the passport card, and any subsequent change to that
technology, has been shared with the governments of Canada
and Mexico;
``(iii) an agreement has been reached with the United
States Postal Service on the fee to be charged individuals
for the passport card, and a detailed justification has
been submitted to the Committees on Appropriations of the
Senate and the House of Representatives;
``(iv) an alternative procedure has been developed for
groups of children traveling across an international border
under adult supervision with parental consent;
``(v) the necessary technological infrastructure to
process the passport cards has been installed, and all
employees at ports of entry have been properly trained in
the use of the new technology;
``(vi) the passport card has been made available for
the purpose of international travel by United States
citizens through land and sea ports of entry between the
United States and Canada, Mexico, the Caribbean and
Bermuda; and
``(vii) a single implementation date for sea and land
borders has been established.''.
Sec. 547. None of the funds made available in this Act may be used
to award any contract for major disaster or emergency assistance
activities under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act except in accordance with section 307 of such Act (42
U.S.C. 5150).
Sec. 548. None of the funds made available in the Act may be used
to reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics, LLC (or
both) for attorneys fees related to pending litigation against Local 30
of the International Union of Operating Engineers.
Sec. 549. Notwithstanding any other provision of law, the
acquisition management system of the Transportation Security
Administration shall be subject to the provisions of the Small Business
Act (15 U.S.C. 631 et seq.).
Sec. 550. (a) No later than six months after the date of enactment
of this Act, the Secretary of Homeland Security shall issue interim
final regulations establishing risk-based performance standards for
security of chemical facilities and requiring vulnerability assessments
and the development and implementation of site security plans for
chemical facilities: Provided, That such regulations shall apply to
chemical facilities that, in the discretion of the Secretary, present
high levels of security risk: Provided further, That such regulations
shall permit each such facility, in developing and implementing site
security plans, to select layered security measures that, in
combination, appropriately address the vulnerability assessment and the
risk-based performance standards for security for the facility:
Provided further, That the Secretary may not disapprove a site security
plan submitted under this section based on the presence or absence of a
particular security measure, but the Secretary may disapprove a site
security plan if the plan fails to satisfy the risk-based performance
standards established by this section: Provided further, That the
Secretary may approve alternative security programs established by
private sector entities, Federal, State, or local authorities, or other
applicable laws if the Secretary determines that the requirements of
such programs meet the requirements of this section and the interim
regulations: Provided further, That the Secretary shall review and
approve each vulnerability assessment and site security plan required
under this section: Provided further, That the Secretary shall not
apply regulations issued pursuant to this section to facilities
regulated pursuant to the Maritime Transportation Security Act of 2002,
Public Law 107-295, as amended; Public Water Systems, as defined by
section 1401 of the Safe Drinking Water Act, Public Law 93-523, as
amended; Treatment Works as defined in section 212 of the Federal Water
Pollution Control Act, Public Law 92-500, as amended; any facility
owned or operated by the Department of Defense or the Department of
Energy, or any facility subject to regulation by the Nuclear Regulatory
Commission.
(b) Interim regulations issued under this section shall apply until
the effective date of interim or final regulations promulgated under
other laws that establish requirements and standards referred to in
subsection (a) and expressly supersede this section: Provided, That the
authority provided by this section shall terminate three years after
the date of enactment of this Act.
(c) Notwithstanding any other provision of law and subsection (b),
information developed under this section, including vulnerability
assessments, site security plans, and other security related
information, records, and documents shall be given protections from
public disclosure consistent with similar information developed by
chemical facilities subject to regulation under section 70103 of title
46, United States Code: Provided, That this subsection does not
prohibit the sharing of such information, as the Secretary deems
appropriate, with State and local government officials possessing the
necessary security clearances, including law enforcement officials and
first responders, for the purpose of carrying out this section,
provided that such information may not be disclosed pursuant to any
State or local law: Provided further, That in any proceeding to enforce
this section, vulnerability assessments, site security plans, and other
information submitted to or obtained by the Secretary under this
section, and related vulnerability or security information, shall be
treated as if the information were classified material.
(d) Any person who violates an order issued under this section
shall be liable for a civil penalty under section 70119(a) of title 46,
United States Code: Provided, That nothing in this section confers upon
any person except the Secretary a right of action against an owner or
operator of a chemical facility to enforce any provision of this
section.
(e) The Secretary of Homeland Security shall audit and inspect
chemical facilities for the purposes of determining compliance with the
regulations issued pursuant to this section.
(f) Nothing in this section shall be construed to supersede, amend,
alter, or affect any Federal law that regulates the manufacture,
distribution in commerce, use, sale, other treatment, or disposal of
chemical substances or mixtures.
(g) If the Secretary determines that a chemical facility is not in
compliance with this section, the Secretary shall provide the owner or
operator with written notification (including a clear explanation of
deficiencies in the vulnerability assessment and site security plan)
and opportunity for consultation, and issue an order to comply by such
date as the Secretary determines to be appropriate under the
circumstances: Provided, That if the owner or operator continues to be
in noncompliance, the Secretary may issue an order for the facility to
cease operation, until the owner or operator complies with the order.
Sec. 551. (a) Construction of Border Tunnel or Passage.--Chapter 27
of title 18, United States Code, is amended by adding at the end the
following:
``Sec. 554. Border tunnels and passages
``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses the
international border between the United States and another country,
other than a lawfully authorized tunnel or passage known to the
Secretary of Homeland Security and subject to inspection by Immigration
and Customs Enforcement, shall be fined under this title and imprisoned
for not more than 20 years.
``(b) Any person who knows or recklessly disregards the
construction or use of a tunnel or passage described in subsection (a)
on land that the person owns or controls shall be fined under this
title and imprisoned for not more than 10 years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in violation of
section 545), controlled substances, weapons of mass destruction
(including biological weapons), or a member of a terrorist organization
(as defined in section 2339B(g)(6)) shall be subject to a maximum term
of imprisonment that is twice the maximum term of imprisonment that
would have otherwise been applicable had the unlawful activity not made
use of such a tunnel or passage.''.
(b) Clerical Amendment.--The table of sections for chapter 27 of
title 18, United States Code, is amended by adding at the end the
following:
``Sec. 554. Border tunnels and passages.''.
(c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United
States Code, is amended by inserting ``554,'' before ``1425,''.
(d) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this
subsection, the United States Sentencing Commission shall
promulgate or amend sentencing guidelines to provide for increased
penalties for persons convicted of offenses described in section
554 of title 18, United States Code, as added by subsection (a).
(2) Requirements.--In carrying out this subsection, the United
States Sentencing Commission shall--
(A) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious nature
of the offenses described in section 554 of title 18, United
States Code, and the need for aggressive and appropriate law
enforcement action to prevent such offenses;
(B) provide adequate base offense levels for offenses under
such section;
(C) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(i) the use of a tunnel or passage described in
subsection (a) of such section to facilitate other
felonies; and
(ii) the circumstances for which the sentencing
guidelines currently provide applicable sentencing
enhancements;
(D) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(E) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(F) ensure that the sentencing guidelines adequately meet
the purposes of sentencing set forth in section 3553(a)(2) of
title 18, United States Code.
Sec. 552. The Secretary of Homeland Security may not take any
action to alter or reduce operations within the Civil Engineering
Program of the Coast Guard nationwide, including the civil engineering
units, facilities, design and construction centers, the Coast Guard
Academy, and the Coast Guard Research and Development Center until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan on changes to the Civil
Engineering Program of the Coast Guard: Provided, That the plan shall
include a description of the current functions of the Civil Engineering
Program and a description of any proposed modifications of such
functions and of any proposed modification of personnel and offices,
including the rationale for such modification; an assessment of the
costs and benefits of such modification; any proposed alternatives to
such modification; and the processes utilized by the Coast Guard and
the Office of Management and Budget to analyze and assess such
modification.
Sec. 553. None of the funds made available by this Act may be used
to take an action that would violate Executive Order 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) Not more than 90 days after the date of the enactment of
this Act, the Transportation Security Administration shall prepare a
report that contains the following:
(A) Procedures that qualified individuals need to follow in
order to participate in the program described in subsection (a).
(B) Relevant contacts for individuals interested in
participating in the program described in subsection (a).
(2) The Transportation Security Administration shall make the
report required by paragraph (1) available, by Internet web site or
other appropriate method, to the following:
(A) The Congress.
(B) The emergency response agency of each State.
(C) The relevant organizations representing individuals to
participate in the program.
Sec. 555. Not later than 90 days after the date of enactment of
this Act, the Director of the Federal Emergency Management Agency in
conjunction with the Director of the National Institute of Standards
and Technology shall submit a report to the Committees on
Appropriations of the Senate and the House of Representatives outlining
Federal earthquake response plans for high-risk earthquake regions in
the United States as determined by the United States Geological Survey.
Sec. 556. Not later than six months after the date of enactment of
this Act, the Secretary of Homeland Security shall establish revised
procedures for expeditiously clearing individuals whose names have been
mistakenly placed on a terrorist database list or who have names
identical or similar to individuals on a terrorist database list. The
Secretary shall advise Congress of the procedures established.
Sec. 557. Title VII of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the
end the following:
``SEC. 706. FIREARMS POLICIES.
``(a) Prohibition on Confiscation of Firearms.--No officer or
employee of the United States (including any member of the uniformed
services), or person operating pursuant to or under color of Federal
law, or receiving Federal funds, or under control of any Federal
official, or providing services to such an officer, employee, or other
person, while acting in support of relief from a major disaster or
emergency, may--
``(1) temporarily or permanently seize, or authorize seizure
of, any firearm the possession of which is not prohibited under
Federal, State, or local law, other than for forfeiture in
compliance with Federal law or as evidence in a criminal
investigation;
``(2) require registration of any firearm for which
registration is not required by Federal, State, or local law;
``(3) prohibit possession of any firearm, or promulgate any
rule, regulation, or order prohibiting possession of any firearm,
in any place or by any person where such possession is not
otherwise prohibited by Federal, State, or local law; or
``(4) prohibit the carrying of firearms by any person otherwise
authorized to carry firearms under Federal, State, or local law,
solely because such person is operating under the direction,
control, or supervision of a Federal agency in support of relief
from the major disaster or emergency.
``(b) Limitation.--Nothing in this section shall be construed to
prohibit any person in subsection (a) from requiring the temporary
surrender of a firearm as a condition for entry into any mode of
transportation used for rescue or evacuation during a major disaster or
emergency, provided that such temporarily surrendered firearm is
returned at the completion of such rescue or evacuation.
``(c) Private Rights of Action.--
``(1) In general.--Any individual aggrieved by a violation of
this section may seek relief in an action at law, suit in equity,
or other proper proceeding for redress against any person who
subjects such individual, or causes such individual to be
subjected, to the deprivation of any of the rights, privileges, or
immunities secured by this section.
``(2) Remedies.--In addition to any existing remedy in law or
equity, under any law, an individual aggrieved by the seizure or
confiscation of a firearm in violation of this section may bring an
action for return of such firearm in the United States district
court in the district in which that individual resides or in which
such firearm may be found.
``(3) Attorney fees.--In any action or proceeding to enforce
this section, the court shall award the prevailing party, other
than the United States, a reasonable attorney's fee as part of the
costs.''.
Sec. 558. Pilot Integrated Scanning System. (a) Designations.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security (referred
to in this section as the ``Secretary'') shall designate three
foreign seaports through which containers pass or are transshipped
to the United States to pilot an integrated scanning system that
couples nonintrusive imaging equipment and radiation detection
equipment, which may be provided by the Megaports Initiative of the
Department of Energy. In making designations under this subsection,
the Secretary shall consider three distinct ports with unique
features and differing levels of trade volume.
(2) Collaboration and cooperation.--The Secretary shall
collaborate with the Secretary of Energy and cooperate with the
private sector and host foreign government to implement the pilot
program under this subsection.
(b) Implementation.--Not later than one year after the date of the
enactment of this Act, the Secretary shall achieve a full-scale
implementation of the pilot integrated screening system, which shall--
(1) scan all containers destined for the United States that
transit through the terminal;
(2) electronically transmit the images and information to the
container security initiative personnel in the host country and/or
Customs and Border Protection personnel in the United States for
evaluation and analysis;
(3) resolve every radiation alarm according to established
Department procedures;
(4) utilize the information collected to enhance the Automated
Targeting System or other relevant programs; and
(5) store the information for later retrieval and analysis.
(c) Evaluation.--The Secretary shall evaluate the pilot program in
subsection (b) to determine whether such a system--
(1) has a sufficiently low false alarm rate for use in the
supply chain;
(2) is capable of being deployed and operated at ports
overseas, including consideration of cost, personnel, and
infrastructure required to operate the system;
(3) is capable of integrating, where necessary, with existing
systems;
(4) does not significantly impact trade capacity and flow of
cargo at foreign or United States ports; and
(5) provides an automated notification of questionable or high-
risk cargo as a trigger for further inspection by appropriately
trained personnel.
(d) Report.--Not later than 120 days after achieving full-scale
implementation under subsection (b), the Secretary, in consultation
with the Secretary of Energy and the Secretary of State, shall submit a
report, to the appropriate congressional committees, that includes--
(1) an evaluation of the lessons derived from the pilot program
implemented under this section;
(2) an analysis of the efficacy of the Automated Targeted
System or other relevant programs in utilizing the images captured
to examine high-risk containers;
(3) an evaluation of software that is capable of automatically
identifying potential anomalies in scanned containers; and
(4) a plan and schedule to expand the integrated scanning
system developed under this section to other container security
initiative ports.
(e) Implementation.--If the Secretary determines the available
technology meets the criteria outlined in subsection (c), the
Secretary, in cooperation with the Secretary of State, shall seek to
secure the cooperation of foreign governments to initiate and maximize
the use of such technology at foreign ports to scan all cargo bound for
the United States as quickly as possible.
Sec. 559. (a) Rescission.--From the unexpended balances of the
United States Secret Service ``Salaries and Expenses'' account
specifically identified in the Joint Explanatory Statement (House
Report 109-241) accompanying the Department of Homeland Security Act,
2006 (Public Law 109-90) for National Special Security Events,
$2,500,000 are rescinded.
(b) Additional Appropriation.--For necessary expenses of the United
States Secret Service ``Protection, Administration, and Training'',
there is appropriated an additional $2,500,000, to remain available
until expended for National Special Security Events.
Sec. 560. Transfer authority contained in section 505 of the
Homeland Security Act, as amended by title VI of this Act, shall be
used in accordance with the provisions of section 1531(a)(2) of title
31, United States Code.
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Post-Katrina Emergency Management
Reform Act of 2006''.
SEC. 602. DEFINITIONS.
In this title--
(1) the term ``Administrator'' means the Administrator of the
Agency;
(2) the term ``Agency'' means the Federal Emergency Management
Agency;
(3) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) those committees of the House of Representatives that
the Speaker of the House of Representatives determines
appropriate;
(4) the term ``catastrophic incident'' means any natural
disaster, act of terrorism, or other man-made disaster that results
in extraordinary levels of casualties or damage or disruption
severely affecting the population (including mass evacuations),
infrastructure, environment, economy, national morale, or
government functions in an area;
(5) the term ``Department'' means the Department of Homeland
Security;
(6) the terms ``emergency'' and ``major disaster'' have the
meanings given the terms in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122);
(7) the term ``emergency management'' means the governmental
function that coordinates and integrates all activities necessary
to build, sustain, and improve the capability to prepare for,
protect against, respond to, recover from, or mitigate against
threatened or actual natural disasters, acts of terrorism, or other
man-made disasters;
(8) the term ``emergency response provider'' has the meaning
given the term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101), as amended by this Act;
(9) the term ``Federal coordinating officer'' means a Federal
coordinating officer as described in section 302 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5143);
(10) the term ``individual with a disability'' has the meaning
given the term in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102);
(11) the terms ``local government'' and ``State'' have the
meaning given the terms in section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101);
(12) the term ``National Incident Management System'' means a
system to enable effective, efficient, and collaborative incident
management;
(13) the term ``National Response Plan'' means the National
Response Plan or any successor plan prepared under section
502(a)(6) of the Homeland Security Act of 2002 (as amended by this
Act);
(14) the term ``Secretary'' means the Secretary of Homeland
Security;
(15) the term ``surge capacity'' means the ability to rapidly
and substantially increase the provision of search and rescue
capabilities, food, water, medicine, shelter and housing, medical
care, evacuation capacity, staffing (including disaster assistance
employees), and other resources necessary to save lives and protect
property during a catastrophic incident; and
(16) the term ``tribal government'' means the government of an
Indian tribe or authorized tribal organization, or in Alaska a
Native village or Alaska Regional Native Corporation.
Subtitle A--Federal Emergency Management Agency
SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.)
is amended--
(1) by striking the title heading and inserting the following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT'';
(2) by striking section 501;
(3) by striking section 503;
(4) by striking section 507;
(5) by striking section 510 (relating to urban and other high
risk area communications capabilities);
(6) by redesignating sections 504, 505, 508, and 509 as
sections 517, 518, 519, and 520, respectively;
(7) by redesignating section 510 (relating to procurement of
security countermeasures for the strategic national stockpile) as
section 521;
(8) by redesignating section 502 as section 504;
(9) by redesignating section 506 as section 502 and
transferring that section to before section 504, as redesignated by
paragraph (8) of this section;
(10) by inserting before section 502, as redesignated and
transferred by paragraph (9) of this section, the following:
``SEC. 501. DEFINITIONS.
``In this title--
``(1) the term `Administrator' means the Administrator of the
Agency;
``(2) the term `Agency' means the Federal Emergency Management
Agency;
``(3) the term `catastrophic incident' means any natural
disaster, act of terrorism, or other man-made disaster that results
in extraordinary levels of casualties or damage or disruption
severely affecting the population (including mass evacuations),
infrastructure, environment, economy, national morale, or
government functions in an area;
``(4) the term `Federal coordinating officer' means a Federal
coordinating officer as described in section 302 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5143);
``(5) the term `interoperable' has the meaning given the term
`interoperable communications' under section 7303(g)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(g)(1));
``(6) the term `National Incident Management System' means a
system to enable effective, efficient, and collaborative incident
management;
``(7) the term `National Response Plan' means the National
Response Plan or any successor plan prepared under section
502(a)(6);
``(8) the term `Regional Administrator' means a Regional
Administrator appointed under section 507;
``(9) the term `Regional Office' means a Regional Office
established under section 507;
``(10) the term `surge capacity' means the ability to rapidly
and substantially increase the provision of search and rescue
capabilities, food, water, medicine, shelter and housing, medical
care, evacuation capacity, staffing (including disaster assistance
employees), and other resources necessary to save lives and protect
property during a catastrophic incident; and
``(11) the term `tribal government' means the government of any
entity described in section 2(10)(B).'';
(11) by inserting after section 502, as redesignated and
transferred by paragraph (9) of this section, the following:
``SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.
``(a) In General.--There is in the Department the Federal Emergency
Management Agency, headed by an Administrator.
``(b) Mission.--
``(1) Primary mission.--The primary mission of the Agency is to
reduce the loss of life and property and protect the Nation from
all hazards, including natural disasters, acts of terrorism, and
other man-made disasters, by leading and supporting the Nation in a
risk-based, comprehensive emergency management system of
preparedness, protection, response, recovery, and mitigation.
``(2) Specific activities.--In support of the primary mission
of the Agency, the Administrator shall--
``(A) lead the Nation's efforts to prepare for, protect
against, respond to, recover from, and mitigate against the
risk of natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents;
``(B) partner with State, local, and tribal governments and
emergency response providers, with other Federal agencies, with
the private sector, and with nongovernmental organizations to
build a national system of emergency management that can
effectively and efficiently utilize the full measure of the
Nation's resources to respond to natural disasters, acts of
terrorism, and other man-made disasters, including catastrophic
incidents;
``(C) develop a Federal response capability that, when
necessary and appropriate, can act effectively and rapidly to
deliver assistance essential to saving lives or protecting or
preserving property or public health and safety in a natural
disaster, act of terrorism, or other man-made disaster;
``(D) integrate the Agency's emergency preparedness,
protection, response, recovery, and mitigation responsibilities
to confront effectively the challenges of a natural disaster,
act of terrorism, or other man-made disaster;
``(E) develop and maintain robust Regional Offices that
will work with State, local, and tribal governments, emergency
response providers, and other appropriate entities to identify
and address regional priorities;
``(F) under the leadership of the Secretary, coordinate
with the Commandant of the Coast Guard, the Director of Customs
and Border Protection, the Director of Immigration and Customs
Enforcement, the National Operations Center, and other agencies
and offices in the Department to take full advantage of the
substantial range of resources in the Department;
``(G) provide funding, training, exercises, technical
assistance, planning, and other assistance to build tribal,
local, State, regional, and national capabilities (including
communications capabilities), necessary to respond to a natural
disaster, act of terrorism, or other man-made disaster; and
``(H) develop and coordinate the implementation of a risk-
based, all-hazards strategy for preparedness that builds those
common capabilities necessary to respond to natural disasters,
acts of terrorism, and other man-made disasters while also
building the unique capabilities necessary to respond to
specific types of incidents that pose the greatest risk to our
Nation.
``(c) Administrator.--
``(1) In general.--The Administrator shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) Qualifications.--The Administrator shall be appointed
from among individuals who have--
``(A) a demonstrated ability in and knowledge of emergency
management and homeland security; and
``(B) not less than 5 years of executive leadership and
management experience in the public or private sector.
``(3) Reporting.--The Administrator shall report to the
Secretary, without being required to report through any other
official of the Department.
``(4) Principal advisor on emergency management.--
``(A) In general.--The Administrator is the principal
advisor to the President, the Homeland Security Council, and
the Secretary for all matters relating to emergency management
in the United States.
``(B) Advice and recommendations.--
``(i) In general.--In presenting advice with respect to
any matter to the President, the Homeland Security Council,
or the Secretary, the Administrator shall, as the
Administrator considers appropriate, inform the President,
the Homeland Security Council, or the Secretary, as the
case may be, of the range of emergency preparedness,
protection, response, recovery, and mitigation options with
respect to that matter.
``(ii) Advice on request.--The Administrator, as the
principal advisor on emergency management, shall provide
advice to the President, the Homeland Security Council, or
the Secretary on a particular matter when the President,
the Homeland Security Council, or the Secretary requests
such advice.
``(iii) Recommendations to congress.--After informing
the Secretary, the Administrator may make such
recommendations to Congress relating to emergency
management as the Administrator considers appropriate.
``(5) Cabinet status.--
``(A) In general.--The President may designate the
Administrator to serve as a member of the Cabinet in the event
of natural disasters, acts of terrorism, or other man-made
disasters.
``(B) Retention of authority.--Nothing in this paragraph
shall be construed as affecting the authority of the Secretary
under this Act.'';
(12) in section 504, as redesignated by paragraph (8) of this
section--
(A) in the section heading, by inserting ``<SUP>authority
and'' before ``<SUP>responsibilities'';
(B) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond to,
recover from, or mitigate against a natural disaster, act of terrorism,
or other man-made disaster, including--'';
(C) in paragraph (6), by striking ``and'' at the end; and
(D) by striking paragraph (7) and inserting the following:
``(7) helping ensure the acquisition of operable and
interoperable communications capabilities by Federal, State, local,
and tribal governments and emergency response providers;
``(8) assisting the President in carrying out the functions
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all
functions and authorities given to the Administrator under that
Act;
``(9) carrying out the mission of the Agency to reduce the loss
of life and property and protect the Nation from all hazards by
leading and supporting the Nation in a risk-based, comprehensive
emergency management system of--
``(A) mitigation, by taking sustained actions to reduce or
eliminate long-term risks to people and property from hazards
and their effects;
``(B) preparedness, by planning, training, and building the
emergency management profession to prepare effectively for,
mitigate against, respond to, and recover from any hazard;
``(C) response, by conducting emergency operations to save
lives and property through positioning emergency equipment,
personnel, and supplies, through evacuating potential victims,
through providing food, water, shelter, and medical care to
those in need, and through restoring critical public services;
and
``(D) recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards;
``(10) increasing efficiencies, by coordinating efforts
relating to preparedness, protection, response, recovery, and
mitigation;
``(11) helping to ensure the effectiveness of emergency
response providers in responding to a natural disaster, act of
terrorism, or other man-made disaster;
``(12) supervising grant programs administered by the Agency;
``(13) administering and ensuring the implementation of the
National Response Plan, including coordinating and ensuring the
readiness of each emergency support function under the National
Response Plan;
``(14) coordinating with the National Advisory Council
established under section 508;
``(15) preparing and implementing the plans and programs of the
Federal Government for--
``(A) continuity of operations;
``(B) continuity of government; and
``(C) continuity of plans;
``(16) minimizing, to the extent practicable, overlapping
planning and reporting requirements applicable to State, local, and
tribal governments and the private sector;
``(17) maintaining and operating within the Agency the National
Response Coordination Center or its successor;
``(18) developing a national emergency management system that
is capable of preparing for, protecting against, responding to,
recovering from, and mitigating against catastrophic incidents;
``(19) assisting the President in carrying out the functions
under the national preparedness goal and the national preparedness
system and carrying out all functions and authorities of the
Administrator under the national preparedness System;
``(20) carrying out all authorities of the Federal Emergency
Management Agency and the Directorate of Preparedness of the
Department as transferred under section 505; and
``(21) otherwise carrying out the mission of the Agency as
described in section 503(b).
``(b) All-Hazards Approach.--In carrying out the responsibilities
under this section, the Administrator shall coordinate the
implementation of a risk-based, all-hazards strategy that builds those
common capabilities necessary to prepare for, protect against, respond
to, recover from, or mitigate against natural disasters, acts of
terrorism, and other man-made disasters, while also building the unique
capabilities necessary to prepare for, protect against, respond to,
recover from, or mitigate against the risks of specific types of
incidents that pose the greatest risk to the Nation.''; and
(13) by inserting after section 504, as redesignated by
paragraph (8) of this section, the following:
``SEC. 505. FUNCTIONS TRANSFERRED.
``(a) In General.--Except as provided in subsection (b), there are
transferred to the Agency the following:
``(1) All functions of the Federal Emergency Management Agency,
including existing responsibilities for emergency alert systems and
continuity of operations and continuity of government plans and
programs as constituted on June 1, 2006, including all of its
personnel, assets, components, authorities, grant programs, and
liabilities, and including the functions of the Under Secretary for
Federal Emergency Management relating thereto.
``(2) The Directorate of Preparedness, as constituted on June
1, 2006, including all of its functions, personnel, assets,
components, authorities, grant programs, and liabilities, and
including the functions of the Under Secretary for Preparedness
relating thereto.
``(b) Exceptions.--The following within the Preparedness
Directorate shall not be transferred:
``(1) The Office of Infrastructure Protection.
``(2) The National Communications System.
``(3) The National Cybersecurity Division.
``(4) The Office of the Chief Medical Officer.
``(5) The functions, personnel, assets, components,
authorities, and liabilities of each component described under
paragraphs (1) through (4).
``SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
``(a) Distinct Entity.--The Agency shall be maintained as a
distinct entity within the Department.
``(b) Reorganization.--Section 872 shall not apply to the Agency,
including any function or organizational unit of the Agency.
``(c) Prohibition on Changes to Missions.--
``(1) In general.--The Secretary may not substantially or
significantly reduce the authorities, responsibilities, or
functions of the Agency or the capability of the Agency to perform
those missions, authorities, responsibilities, except as otherwise
specifically provided in an Act enacted after the date of enactment
of the Post-Katrina Emergency Management Reform Act of 2006.
``(2) Certain transfers prohibited.--No asset, function, or
mission of the Agency may be diverted to the principal and
continuing use of any other organization, unit, or entity of the
Department, except for details or assignments that do not reduce
the capability of the Agency to perform its missions.
``(d) Reprogramming and Transfer of Funds.--In reprogramming or
transferring funds, the Secretary shall comply with any applicable
provisions of any Act making appropriations for the Department for
fiscal year 2007, or any succeeding fiscal year, relating to the
reprogramming or transfer of funds.
``SEC. 507. REGIONAL OFFICES.
``(a) In General.--There are in the Agency 10 regional offices, as
identified by the Administrator.
``(b) Management of Regional Offices.--
``(1) Regional administrator.--Each Regional Office shall be
headed by a Regional Administrator who shall be appointed by the
Administrator, after consulting with State, local, and tribal
government officials in the region. Each Regional Administrator
shall report directly to the Administrator and be in the Senior
Executive Service.
``(2) Qualifications.--
``(A) In general.--Each Regional Administrator shall be
appointed from among individuals who have a demonstrated
ability in and knowledge of emergency management and homeland
security.
``(B) Considerations.--In selecting a Regional
Administrator for a Regional Office, the Administrator shall
consider the familiarity of an individual with the geographical
area and demographic characteristics of the population served
by such Regional Office.
``(c) Responsibilities.--
``(1) In general.--The Regional Administrator shall work in
partnership with State, local, and tribal governments, emergency
managers, emergency response providers, medical providers, the
private sector, nongovernmental organizations, multijurisdictional
councils of governments, and regional planning commissions and
organizations in the geographical area served by the Regional
Office to carry out the responsibilities of a Regional
Administrator under this section.
``(2) Responsibilities.--The responsibilities of a Regional
Administrator include--
``(A) ensuring effective, coordinated, and integrated
regional preparedness, protection, response, recovery, and
mitigation activities and programs for natural disasters, acts
of terrorism, and other man-made disasters (including planning,
training, exercises, and professional development);
``(B) assisting in the development of regional capabilities
needed for a national catastrophic response system;
``(C) coordinating the establishment of effective regional
operable and interoperable emergency communications
capabilities;
``(D) staffing and overseeing 1 or more strike teams within
the region under subsection (f), to serve as the focal point of
the Federal Government's initial response efforts for natural
disasters, acts of terrorism, and other man-made disasters
within that region, and otherwise building Federal response
capabilities to respond to natural disasters, acts of
terrorism, and other man-made disasters within that region;
``(E) designating an individual responsible for the
development of strategic and operational regional plans in
support of the National Response Plan;
``(F) fostering the development of mutual aid and other
cooperative agreements;
``(G) identifying critical gaps in regional capabilities to
respond to populations with special needs;
``(H) maintaining and operating a Regional Response
Coordination Center or its successor; and
``(I) performing such other duties relating to such
responsibilities as the Administrator may require.
``(3) Training and exercise requirements.--
``(A) Training.--The Administrator shall require each
Regional Administrator to undergo specific training
periodically to complement the qualifications of the Regional
Administrator. Such training, as appropriate, shall include
training with respect to the National Incident Management
System, the National Response Plan, and such other subjects as
determined by the Administrator.
``(B) Exercises.--The Administrator shall require each
Regional Administrator to participate as appropriate in
regional and national exercises.
``(d) Area Offices.--
``(1) In general.--There is an Area Office for the Pacific and
an Area Office for the Caribbean, as components in the appropriate
Regional Offices.
``(2) Alaska.--The Administrator shall establish an Area Office
in Alaska, as a component in the appropriate Regional Office.
``(e) Regional Advisory Council.--
``(1) Establishment.--Each Regional Administrator shall
establish a Regional Advisory Council.
``(2) Nominations.--A State, local, or tribal government
located within the geographic area served by the Regional Office
may nominate officials, including Adjutants General and emergency
managers, to serve as members of the Regional Advisory Council for
that region.
``(3) Responsibilities.--Each Regional Advisory Council shall--
``(A) advise the Regional Administrator on emergency
management issues specific to that region;
``(B) identify any geographic, demographic, or other
characteristics peculiar to any State, local, or tribal
government within the region that might make preparedness,
protection, response, recovery, or mitigation more complicated
or difficult; and
``(C) advise the Regional Administrator of any weaknesses
or deficiencies in preparedness, protection, response,
recovery, and mitigation for any State, local, and tribal
government within the region of which the Regional Advisory
Council is aware.
``(f) Regional Office Strike Teams.--
``(1) In general.--In coordination with other relevant Federal
agencies, each Regional Administrator shall oversee multi-agency
strike teams authorized under section 303 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5144) that
shall consist of--
``(A) a designated Federal coordinating officer;
``(B) personnel trained in incident management;
``(C) public affairs, response and recovery, and
communications support personnel;
``(D) a defense coordinating officer;
``(E) liaisons to other Federal agencies;
``(F) such other personnel as the Administrator or Regional
Administrator determines appropriate; and
``(G) individuals from the agencies with primary
responsibility for each of the emergency support functions in
the National Response Plan.
``(2) Other duties.--The duties of an individual assigned to a
Regional Office strike team from another relevant agency when such
individual is not functioning as a member of the strike team shall
be consistent with the emergency preparedness activities of the
agency that employs such individual.
``(3) Location of members.--The members of each Regional Office
strike team, including representatives from agencies other than the
Department, shall be based primarily within the region that
corresponds to that strike team.
``(4) Coordination.--Each Regional Office strike team shall
coordinate the training and exercises of that strike team with the
State, local, and tribal governments and private sector and
nongovernmental entities which the strike team shall support when a
natural disaster, act of terrorism, or other man-made disaster
occurs.
``(5) Preparedness.--Each Regional Office strike team shall be
trained as a unit on a regular basis and equipped and staffed to be
well prepared to respond to natural disasters, acts of terrorism,
and other man-made disasters, including catastrophic incidents.
``(6) Authorities.--If the Administrator determines that
statutory authority is inadequate for the preparedness and
deployment of individuals in strike teams under this subsection,
the Administrator shall report to Congress regarding the additional
statutory authorities that the Administrator determines are
necessary.
``SEC. 508. NATIONAL ADVISORY COUNCIL.
``(a) Establishment.--Not later than 60 days after the date of
enactment of the Post-Katrina Emergency Management Reform Act of 2006,
the Secretary shall establish an advisory body under section 871(a) to
ensure effective and ongoing coordination of Federal preparedness,
protection, response, recovery, and mitigation for natural disasters,
acts of terrorism, and other man-made disasters, to be known as the
National Advisory Council.
``(b) Responsibilities.--The National Advisory Council shall advise
the Administrator on all aspects of emergency management. The National
Advisory Council shall incorporate State, local, and tribal government
and private sector input in the development and revision of the
national preparedness goal, the national preparedness system, the
National Incident Management System, the National Response Plan, and
other related plans and strategies.
``(c) Membership.--
``(1) In general.--The members of the National Advisory Council
shall be appointed by the Administrator, and shall, to the extent
practicable, represent a geographic (including urban and rural) and
substantive cross section of officials, emergency managers, and
emergency response providers from State, local, and tribal
governments, the private sector, and nongovernmental organizations,
including as appropriate--
``(A) members selected from the emergency management field
and emergency response providers, including fire service, law
enforcement, hazardous materials response, emergency medical
services, and emergency management personnel, or organizations
representing such individuals;
``(B) health scientists, emergency and inpatient medical
providers, and public health professionals;
``(C) experts from Federal, State, local, and tribal
governments, and the private sector, representing standards-
setting and accrediting organizations, including
representatives from the voluntary consensus codes and
standards development community, particularly those with
expertise in the emergency preparedness and response field;
``(D) State, local, and tribal government officials with
expertise in preparedness, protection, response, recovery, and
mitigation, including Adjutants General;
``(E) elected State, local, and tribal government
executives;
``(F) experts in public and private sector infrastructure
protection, cybersecurity, and communications;
``(G) representatives of individuals with disabilities and
other populations with special needs; and
``(H) such other individuals as the Administrator
determines to be appropriate.
``(2) Coordination with the departments of health and human
services and transportation.--In the selection of members of the
National Advisory Council who are health or emergency medical
services professionals, the Administrator shall work with the
Secretary of Health and Human Services and the Secretary of
Transportation.
``(3) Ex officio members.--The Administrator shall designate 1
or more officers of the Federal Government to serve as ex officio
members of the National Advisory Council.
``(4) Terms of office.--
``(A) In general.--Except as provided in subparagraph (B),
the term of office of each member of the National Advisory
Council shall be 3 years.
``(B) Initial appointments.--Of the members initially
appointed to the National Advisory Council--
``(i) one-third shall be appointed for a term of 1
year; and
``(ii) one-third shall be appointed for a term of 2
years.
``(d) Applicability of Federal Advisory Committee Act.--
``(1) In general.--Notwithstanding section 871(a) and subject
to paragraph (2), the Federal Advisory Committee Act (5 U.S.C.
App.), including subsections (a), (b), and (d) of section 10 of
such Act, and section 552b(c) of title 5, United States Code, shall
apply to the National Advisory Council.
``(2) Termination.--Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the National
Advisory Council.
``SEC. 509. NATIONAL INTEGRATION CENTER.
``(a) In General.--There is established in the Agency a National
Integration Center.
``(b) Responsibilities.--
``(1) In general.--The Administrator, through the National
Integration Center, and in consultation with other Federal
departments and agencies and the National Advisory Council, shall
ensure ongoing management and maintenance of the National Incident
Management System, the National Response Plan, and any successor to
such system or plan.
``(2) Specific responsibilities.--The National Integration
Center shall periodically review, and revise as appropriate, the
National Incident Management System and the National Response Plan,
including--
``(A) establishing, in consultation with the Director of
the Corporation for National and Community Service, a process
to better use volunteers and donations;
``(B) improving the use of Federal, State, local, and
tribal resources and ensuring the effective use of emergency
response providers at emergency scenes; and
``(C) revising the Catastrophic Incident Annex, finalizing
and releasing the Catastrophic Incident Supplement to the
National Response Plan, and ensuring that both effectively
address response requirements in the event of a catastrophic
incident.
``(c) Incident Management.--
``(1) In general.--
``(A) National response plan.--The Secretary, acting
through the Administrator, shall ensure that the National
Response Plan provides for a clear chain of command to lead and
coordinate the Federal response to any natural disaster, act of
terrorism, or other man-made disaster.
``(B) Administrator.--The chain of the command specified in
the National Response Plan shall--
``(i) provide for a role for the Administrator
consistent with the role of the Administrator as the
principal emergency management advisor to the President,
the Homeland Security Council, and the Secretary under
section 503(c)(4) and the responsibility of the
Administrator under the Post-Katrina Emergency Management
Reform Act of 2006, and the amendments made by that Act,
relating to natural disasters, acts of terrorism, and other
man-made disasters; and
``(ii) provide for a role for the Federal Coordinating
Officer consistent with the responsibilities under section
302(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143(b)).
``(2) Principal federal official.--The Principal Federal
Official (or the successor thereto) shall not--
``(A) direct or replace the incident command structure
established at the incident; or
``(B) have directive authority over the Senior Federal Law
Enforcement Official, Federal Coordinating Officer, or other
Federal and State officials.
``SEC. 510. CREDENTIALING AND TYPING.
``The Administrator shall enter into a memorandum of understanding
with the administrators of the Emergency Management Assistance Compact,
State, local, and tribal governments, and organizations that represent
emergency response providers, to collaborate on developing standards
for deployment capabilities, including credentialing of personnel and
typing of resources likely needed to respond to natural disasters, acts
of terrorism, and other man-made disasters.
``SEC. 511. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.
``(a) Definition.--In this section, the term `National
Infrastructure Simulation and Analysis Center' means the National
Infrastructure Simulation and Analysis Center established under section
1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
``(b) Authority.--
``(1) In general.--There is in the Department the National
Infrastructure Simulation and Analysis Center which shall serve as
a source of national expertise to address critical infrastructure
protection and continuity through support for activities related
to--
``(A) counterterrorism, threat assessment, and risk
mitigation; and
``(B) a natural disaster, act of terrorism, or other man-
made disaster.
``(2) Infrastructure modeling.--
``(A) Particular support.--The support provided under
paragraph (1) shall include modeling, simulation, and analysis
of the systems and assets comprising critical infrastructure,
in order to enhance preparedness, protection, response,
recovery, and mitigation activities.
``(B) Relationship with other agencies.--Each Federal
agency and department with critical infrastructure
responsibilities under Homeland Security Presidential Directive
7, or any successor to such directive, shall establish a formal
relationship, including an agreement regarding information
sharing, between the elements of such agency or department and
the National Infrastructure Simulation and Analysis Center,
through the Department.
``(C) Purpose.--
``(i) In general.--The purpose of the relationship
under subparagraph (B) shall be to permit each Federal
agency and department described in subparagraph (B) to take
full advantage of the capabilities of the National
Infrastructure Simulation and Analysis Center (particularly
vulnerability and consequence analysis), consistent with
its work load capacity and priorities, for real-time
response to reported and projected natural disasters, acts
of terrorism, and other man-made disasters.
``(ii) Recipient of certain support.--Modeling,
simulation, and analysis provided under this subsection
shall be provided to relevant Federal agencies and
departments, including Federal agencies and departments
with critical infrastructure responsibilities under
Homeland Security Presidential Directive 7, or any
successor to such directive.
``SEC. 512. EVACUATION PLANS AND EXERCISES.
``(a) In General.--Notwithstanding any other provision of law, and
subject to subsection (d), grants made to States or local or tribal
governments by the Department through the State Homeland Security Grant
Program or the Urban Area Security Initiative may be used to--
``(1) establish programs for the development and maintenance of
mass evacuation plans under subsection (b) in the event of a
natural disaster, act of terrorism, or other man-made disaster;
``(2) prepare for the execution of such plans, including the
development of evacuation routes and the purchase and stockpiling
of necessary supplies and shelters; and
``(3) conduct exercises of such plans.
``(b) Plan Development.--In developing the mass evacuation plans
authorized under subsection (a), each State, local, or tribal
government shall, to the maximum extent practicable--
``(1) establish incident command and decision making processes;
``(2) ensure that State, local, and tribal government plans,
including evacuation routes, are coordinated and integrated;
``(3) identify primary and alternative evacuation routes and
methods to increase evacuation capabilities along such routes such
as conversion of two-way traffic to one-way evacuation routes;
``(4) identify evacuation transportation modes and
capabilities, including the use of mass and public transit
capabilities, and coordinating and integrating evacuation plans for
all populations including for those individuals located in
hospitals, nursing homes, and other institutional living
facilities;
``(5) develop procedures for informing the public of evacuation
plans before and during an evacuation, including individuals--
``(A) with disabilities or other special needs;
``(B) with limited English proficiency; or
``(C) who might otherwise have difficulty in obtaining such
information; and
``(6) identify shelter locations and capabilities.
``(c) Assistance.--
``(1) In general.--The Administrator may establish any
guidelines, standards, or requirements determined appropriate to
administer this section and to ensure effective mass evacuation
planning for State, local, and tribal areas.
``(2) Requested assistance.--The Administrator shall make
assistance available upon request of a State, local, or tribal
government to assist hospitals, nursing homes, and other
institutions that house individuals with special needs to
establish, maintain, and exercise mass evacuation plans that are
coordinated and integrated into the plans developed by that State,
local, or tribal government under this section.
``(d) Multipurpose Funds.--Nothing in this section may be construed
to preclude a State, local, or tribal government from using grant funds
in a manner that enhances preparedness for a natural or man-made
disaster unrelated to an act of terrorism, if such use assists such
government in building capabilities for terrorism preparedness.
``SEC. 513. DISABILITY COORDINATOR.
``(a) In General.--After consultation with organizations
representing individuals with disabilities, the National Council on
Disabilities, and the Interagency Coordinating Council on Preparedness
and Individuals with Disabilities, established under Executive Order
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
preparedness system established under section 644 of the Post-
Katrina Emergency Management Reform Act of 2006; and
``(11) any other duties as assigned by the Administrator.
``SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.
``(a) Deputy Administrators.--The President may appoint, by and
with the advice and consent of the Senate, not more than 4 Deputy
Administrators to assist the Administrator in carrying out this title.
``(b) Cybersecurity and Communications.--There is in the Department
an Assistant Secretary for Cybersecurity and Communications.
``(c) United States Fire Administration.--The Administrator of the
United States Fire Administration shall have a rank equivalent to an
assistant secretary of the Department.
``SEC. 515. NATIONAL OPERATIONS CENTER.
``(a) Definition.--In this section, the term `situational
awareness' means information gathered from a variety of sources that,
when communicated to emergency managers and decision makers, can form
the basis for incident management decisionmaking.
``(b) Establishment.--The National Operations Center is the
principal operations center for the Department and shall--
``(1) provide situational awareness and a common operating
picture for the entire Federal Government, and for State, local,
and tribal governments as appropriate, in the event of a natural
disaster, act of terrorism, or other man-made disaster; and
``(2) ensure that critical terrorism and disaster-related
information reaches government decision-makers.
``SEC. 516. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(b) Qualifications.--The individual appointed as Chief Medical
Officer shall possess a demonstrated ability in and knowledge of
medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall have the
primary responsibility within the Department for medical issues related
to natural disasters, acts of terrorism, and other man-made disasters,
including--
``(1) serving as the principal advisor to the Secretary and the
Administrator on medical and public health issues;
``(2) coordinating the biodefense activities of the Department;
``(3) ensuring internal and external coordination of all
medical preparedness and response activities of the Department,
including training, exercises, and equipment support;
``(4) serving as the Department's primary point of contact with
the Department of Agriculture, the Department of Defense, the
Department of Health and Human Services, the Department of
Transportation, the Department of Veterans Affairs, and other
Federal departments or agencies, on medical and public health
issues;
``(5) serving as the Department's primary point of contact for
State, local, and tribal governments, the medical community, and
others within and outside the Department, with respect to medical
and public health matters;
``(6) discharging, in coordination with the Under Secretary for
Science and Technology, the responsibilities of the Department
related to Project Bioshield; and
``(7) performing such other duties relating to such
responsibilities as the Secretary may require.''.
SEC. 612. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Executive Schedule.--
(1) Administrator.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator of the Federal Emergency Management Agency.''.
(2) Deputy administrators.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following:
``Deputy Administrators, Federal Emergency Management
Agency.''.
(3) Chief medical officer.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Chief Medical Officer, Department of Homeland Security.''.
(b) Officers of the Department.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) An Administrator of the Federal Emergency Management
Agency.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (10) (as amended by
this subsection) as paragraphs (2) through (9), respectively.
(c) References.--Any reference to the Director of the Federal
Emergency Management Agency, in any law, rule, regulation, certificate,
directive, instruction, or other official paper shall be considered to
refer and apply to the Administrator of the Federal Emergency
Management Agency.
(d) Definition.--Section 2(6) of the Homeland Security Act of 2002
(6 U.S.C. 101(6)) is amended by inserting ``fire,'' after ``safety,''.
(e) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
striking the items relating to title V and sections 501 through 509 and
inserting the following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT
``Sec. 501. Definitions.
``Sec. 502. Definition.
``Sec. 503. Federal Emergency Management Agency.
``Sec. 504. Authorities and responsibilities.
``Sec. 505. Functions transferred.
``Sec. 506. Preserving the Federal Emergency Management Agency.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council.
``Sec. 509. National Integration Center.
``Sec. 510. Credentialing and typing.
``Sec. 511. The National Infrastructure Simulation and Analysis Center.
``Sec. 512. Evacuation plans and exercises.
``Sec. 513. Disability Coordinator.
``Sec. 514. Department and Agency officials.
``Sec. 515. National Operations Center.
``Sec. 516. Chief Medical Officer.
``Sec. 517. Nuclear incident response.
``Sec. 518. Conduct of certain public health-related activities.
``Sec. 519. Use of national private sector networks in emergency
response.
``Sec. 520. Use of commercially available technology, goods, and
services.
``Sec. 521. Procurement of security countermeasures for strategic
national stockpile.''.
(f) Interim Actions.--
(1) In general.--During the period beginning on the date of
enactment of this Act and ending on March 31, 2007, the Secretary,
the Under Secretary for Preparedness, and the Director of the
Federal Emergency Management Agency shall take such actions as are
necessary to provide for the orderly implementation of any
amendment under this subtitle that takes effect on March 31, 2007.
(2) References.--Any reference to the Administrator of the
Federal Emergency Management Agency in this title or an amendment
by this title shall be considered to refer and apply to the
Director of the Federal Emergency Management Agency until March 31,
2007.
SEC. 613. NATIONAL WEATHER SERVICE.
Nothing in this title shall alter or otherwise affect the
authorities and activities of the National Weather Service to protect
life and property, including under the Act of October 1, 1890 (26 Stat.
653-55).
SEC. 614. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title shall take effect on the date of
enactment of this Act.
(b) Exceptions.--The following shall take effect on March 31, 2007:
(1) The amendments made by section 611(11).
(2) The amendments made by section 611(12).
(3) Sections 505, 507, 508, and 514 of the Homeland Security
Act of 2002, as amended by section 611(13) of this Act.
(4) The amendments made by subsection (a).
(5) The amendments made by subsection (b)(1).
Subtitle B--Personnel Provisions
CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
SEC. 621. WORKFORCE DEVELOPMENT.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
``Sec.
``10101. Definitions.
``10102. Strategic human capital plan.
``10103. Career paths.
``10104. Recruitment bonuses.
``10105. Retention bonuses.
``10106. Quarterly report on vacancy rate in employee positions.
``Sec. 10101. Definitions
``For purposes of this chapter--
``(1) the term `Agency' means the Federal Emergency Management
Agency;
``(2) the term `Administrator' means the Administrator of the
Federal Emergency Management Agency;
``(3) the term `appropriate committees of Congress' has the
meaning given the term in section 602 of the Post-Katrina Emergency
Management Reform Act of 2006;
``(4) the term `Department' means the Department of Homeland
Security; and
``(5) the term `Surge Capacity Force' refers to the Surge
Capacity Force, described under section 624 of the Post-Katrina
Emergency Management Reform Act of 2006.
``Sec. 10102. Strategic human capital plan
``(a) Plan Development.--Not later than 6 months after the date of
enactment of this chapter, the Administrator shall develop and submit
to the appropriate committees of Congress a strategic human capital
plan to shape and improve the workforce of the Agency.
``(b) Contents.--The strategic human capital plan shall include--
``(1) a workforce gap analysis, including an assessment of--
``(A) the critical skills and competencies that will be
needed in the workforce of the Agency to support the mission
and responsibilities of, and effectively manage, the Agency
during the 10-year period beginning on the date of enactment of
this chapter;
``(B) the skills and competencies of the workforce of the
Agency on the day before the date of enactment of this chapter
and projected trends in that workforce, based on expected
losses due to retirement and other attrition; and
``(C) the staffing levels of each category of employee,
including gaps in the workforce of the Agency on the day before
the date of enactment of this chapter and in the projected
workforce of the Agency that should be addressed to ensure that
the Agency has continued access to the critical skills and
competencies described in subparagraph (A);
``(2) a plan of action for developing and reshaping the
workforce of the Agency to address the gaps in critical skills and
competencies identified under paragraph (1)(C), including--
``(A) specific recruitment and retention goals, including
the use of the bonus authorities under this chapter as well as
other bonus authorities (including the program objective of the
Agency to be achieved through such goals);
``(B) specific strategies for developing, training,
deploying, compensating, and motivating and retaining the
Agency workforce and its ability to fulfill the Agency's
mission and responsibilities (including the program objectives
of the Department and the Agency to be achieved through such
strategies);
``(C) specific strategies for recruiting individuals who
have served in multiple State agencies with emergency
management responsibilities; and
``(D) specific strategies for the development, training,
and coordinated and rapid deployment of the Surge Capacity
Force; and
``(3) a discussion that--
``(A) details the number of employees of the Department not
employed by the Agency serving in the Surge Capacity Force and
the qualifications or credentials of such individuals;
``(B) details the number of individuals not employed by the
Department serving in the Surge Capacity Force and the
qualifications or credentials of such individuals;
``(C) describes the training given to the Surge Capacity
Force during the calendar year preceding the year of submission
of the plan under subsection (c);
``(D) states whether the Surge Capacity Force is able to
adequately prepare for, respond to, and recover from natural
disasters, acts of terrorism, and other man-made disasters,
including catastrophic incidents; and
``(E) describes any additional authorities or resources
necessary to address any deficiencies in the Surge Capacity
Force.
``(c) Annual Updates.--Not later than May 1, 2007, and May 1st of
each of the next 5 succeeding years, the Administrator shall submit to
the appropriate committees of Congress an update of the strategic human
capital plan, including an assessment by the Administrator, using
results-oriented performance measures, of the progress of the
Department and the Agency in implementing the strategic human capital
plan.
``Sec. 10103. Career paths
``(a) In General.--The Administrator shall--
``(1) ensure that appropriate career paths for personnel of the
Agency are identified, including the education, training,
experience, and assignments necessary for career progression within
the Agency; and
``(2) publish information on the career paths described in
paragraph (1).
``(b) Education, Training, and Experience.--The Administrator shall
ensure that all personnel of the Agency are provided the opportunity to
acquire the education, training, and experience necessary to qualify
for promotion within the Agency, including, as appropriate, the
opportunity to participate in the Rotation Program established under
section 844 of the Homeland Security Act of 2002.
``(c) Policy.--The Administrator shall establish a policy for
assigning Agency personnel to positions that provides for a balance
between--
``(1) the need for such personnel to serve in career enhancing
positions; and
``(2) the need to require service in a position for a
sufficient period of time to provide the stability necessary--
``(A) to carry out the duties of that position; and
``(B) for responsibility and accountability for actions
taken in that position.
``Sec. 10104. Recruitment bonuses
``(a) In General.--The Administrator may pay a bonus to an
individual in order to recruit the individual for a position within the
Agency that would otherwise be difficult to fill in the absence of such
a bonus. Upon completion of the strategic human capital plan, such
bonuses shall be paid in accordance with that plan.
``(b) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Administrator, but may not exceed 25
percent of the annual rate of basic pay of the position involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be considered
to be part of basic pay.
``(c) Service Agreements.--Payment of a bonus under this section
shall be contingent upon the employee entering into a written service
agreement with the Agency. The agreement shall include--
``(1) the period of service the individual shall be required to
complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(d) Eligibility.--A bonus under this section may not be paid to
an individual who is appointed to or holds--
``(1) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(2) a position in the Senior Executive Service as a noncareer
appointee (as defined in section 3132(a)); or
``(3) a position which has been excepted from the competitive
service by reason of its confidential, policy-determining, policy-
making, or policy-advocating character.
``(e) Termination.--The authority to pay bonuses under this section
shall terminate 5 years after the date of enactment of this chapter.
``(f) Reports.--
``(1) In general.--The Agency shall submit to the appropriate
committees of Congress, annually for each of the 5 years during
which this section is in effect, a report on the operation of this
section.
``(2) Contents.--Each report submitted under this subsection
shall include, with respect to the period covered by such report, a
description of how the authority to pay bonuses under this section
was used by the Agency, including--
``(A) the number and dollar amount of bonuses paid to
individuals holding positions within each pay grade, pay level,
or other pay classification; and
``(B) a determination of the extent to which such bonuses
furthered the purposes of this section.
``Sec. 10105. Retention bonuses
``(a) Authority.--The Administrator may pay, on a case-by-case
basis, a bonus under this section to an employee of the Agency if--
``(1) the unusually high or unique qualifications of the
employee or a special need of the Agency for the employee's
services makes it essential to retain the employee; and
``(2) the Administrator determines that, in the absence of such
a bonus, the employee would be likely to leave--
``(A) the Federal service; or
``(B) for a different position in the Federal service.
``(b) Service Agreement.--Payment of a bonus under this section is
contingent upon the employee entering into a written service agreement
with the Agency to complete a period of service with the Agency. Such
agreement shall include--
``(1) the period of service the individual shall be required to
complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(c) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Administrator, but may not exceed 25
percent of the annual rate of basic pay of the position involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be considered
to be part of basic pay.
``(d) Limitation.--A bonus under this section--
``(1) may not be based on any period of service which is the
basis for a recruitment bonus under section 10104;
``(2) may not be paid to an individual who is appointed to or
holds--
``(A) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(B) a position in the Senior Executive Service as a
noncareer appointee (as defined in section 3132(a)); or
``(C) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character; and
``(3) upon completion of the strategic human capital plan,
shall be paid in accordance with that plan.
``(e) Termination of Authority.--The authority to grant bonuses
under this section shall expire 5 years after the date of enactment of
this chapter.
``(f) Reports.--
``(1) In general.--The Office of Personnel Management shall
submit to the appropriate committees of Congress, annually for each
of the first 5 years during which this section is in effect, a
report on the operation of this section.
``(2) Contents.--Each report submitted under this subsection
shall include, with respect to the period covered by such report, a
description of how the authority to pay bonuses under this section
was used by the Agency, including, with respect to each such
agency--
``(A) the number and dollar amount of bonuses paid to
individuals holding positions within each pay grade, pay level,
or other pay classification; and
``(B) a determination of the extent to which such bonuses
furthered the purposes of this section.
``Sec. 10106. Quarterly report on vacancy rate in employee positions
``(a) Initial Report.--
``(1) In general.--Not later than 3 months after the date of
enactment of this chapter, the Administrator shall develop and
submit to the appropriate committees of Congress a report on the
vacancies in employee positions of the Agency.
``(2) Contents.--The report under this subsection shall
include--
``(A) vacancies of each category of employee position;
``(B) the number of applicants for each vacancy for which
public notice has been given;
``(C) the length of time that each vacancy has been
pending;
``(D) hiring-cycle time for each vacancy that has been
filled; and
``(E) a plan for reducing the hiring-cycle time and
reducing the current and anticipated vacancies with highly-
qualified personnel.
``(b) Quarterly Updates.--Not later than 3 months after submission
of the initial report, and every 3 months thereafter until 5 years
after the date of enactment of this chapter, the Administrator shall
submit to the appropriate committees of Congress an update of the
report under subsection (a), including an assessment by the
Administrator of the progress of the Agency in filling vacant employee
positions of the Agency.''.
(b) Technical and Conforming Amendment.--The analysis for part III
title 5, United States Code, is amended by inserting after the item
relating to chapter 99 the following:
``101 Federal Emergency Management Agency Personnel.............10101''.
SEC. 622. ESTABLISHMENT OF HOMELAND SECURITY ROTATION PROGRAM AT THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Establishment.--Title VIII of the Homeland Security Act of 2002
(6 U.S.C. 361 et seq.) is amended by inserting after section 843 the
following:
``SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish the
Homeland Security Rotation Program (in this section referred to as
the `Rotation Program') for employees of the Department. The
Rotation Program shall use applicable best practices, including
those from the Chief Human Capital Officers Council.
``(2) Goals.--The Rotation Program established by the Secretary
shall--
``(A) be established in accordance with the Human Capital
Strategic Plan of the Department;
``(B) provide middle and senior level employees in the
Department the opportunity to broaden their knowledge through
exposure to other components of the Department;
``(C) expand the knowledge base of the Department by
providing for rotational assignments of employees to other
components;
``(D) build professional relationships and contacts among
the employees in the Department;
``(E) invigorate the workforce with exciting and
professionally rewarding opportunities;
``(F) incorporate Department human capital strategic plans
and activities, and address critical human capital
deficiencies, recruitment and retention efforts, and succession
planning within the Federal workforce of the Department; and
``(G) complement and incorporate (but not replace)
rotational programs within the Department in effect on the date
of enactment of this section.
``(3) Administration.--
``(A) In general.--The Chief Human Capital Officer shall
administer the Rotation Program.
``(B) Responsibilities.--The Chief Human Capital Officer
shall--
``(i) provide oversight of the establishment and
implementation of the Rotation Program;
``(ii) establish a framework that supports the goals of
the Rotation Program and promotes cross-disciplinary
rotational opportunities;
``(iii) establish eligibility for employees to
participate in the Rotation Program and select participants
from employees who apply;
``(iv) establish incentives for employees to
participate in the Rotation Program, including promotions
and employment preferences;
``(v) ensure that the Rotation Program provides
professional education and training;
``(vi) ensure that the Rotation Program develops
qualified employees and future leaders with broad-based
experience throughout the Department;
``(vii) provide for greater interaction among employees
in components of the Department; and
``(viii) coordinate with rotational programs within the
Department in effect on the date of enactment of this
section.
``(4) Allowances, privileges, and benefits.--All allowances,
privileges, rights, seniority, and other benefits of employees
participating in the Rotation Program shall be preserved.
``(5) Reporting.--Not later than 180 days after the date of the
establishment of the Rotation Program, the Secretary shall submit a
report on the status of the Rotation Program, including a
description of the Rotation Program, the number of employees
participating, and how the Rotation Program is used in succession
planning and leadership development to the appropriate committees
of Congress.''.
(b) Technical and Conforming Amendment.--Section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 843 the following:
``Sec. 844. Homeland Security Rotation Program.''.
SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.
(a) Establishment.--Title VIII of the Homeland Security Act of 2002
(6 U.S.C. 361 et seq.) is amended by inserting after section 844 (as
added by section 622 of this Act) the following:
``SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Administrator, shall establish a graduate-level Homeland Security
Education Program in the National Capital Region to provide educational
opportunities to senior Federal officials and selected State and local
officials with homeland security and emergency management
responsibilities. The Administrator shall appoint an individual to
administer the activities under this section.
``(b) Leveraging of Existing Resources.--To maximize efficiency and
effectiveness in carrying out the Program, the Administrator shall use
existing Department-reviewed Master's Degree curricula in homeland
security, including curricula pending accreditation, together with
associated learning materials, quality assessment tools, digital
libraries, exercise systems and other educational facilities, including
the National Domestic Preparedness Consortium, the National Fire
Academy, and the Emergency Management Institute. The Administrator may
develop additional educational programs, as appropriate.
``(c) Student Enrollment.--
``(1) Sources.--The student body of the Program shall include
officials from Federal, State, local, and tribal governments, and
from other sources designated by the Administrator.
``(2) Enrollment priorities and selection criteria.--The
Administrator shall establish policies governing student enrollment
priorities and selection criteria that are consistent with the
mission of the Program.
``(3) Diversity.--The Administrator shall take reasonable steps
to ensure that the student body represents racial, gender, and
ethnic diversity.
``(d) Service Commitment.--
``(1) In general.--Before any employee selected for the Program
may be assigned to participate in the program, the employee shall
agree in writing--
``(A) to continue in the service of the agency sponsoring
the employee during the 2-year period beginning on the date on
which the employee completes the program, unless the employee
is involuntarily separated from the service of that agency for
reasons other than a reduction in force; and
``(B) to pay to the Government the amount of the additional
expenses incurred by the Government in connection with the
employee's education if the employee is voluntarily separated
from the service to the agency before the end of the period
described in subparagraph (A).
``(2) Payment of expenses.--
``(A) Exemption.--An employee who leaves the service of the
sponsoring agency to enter into the service of another agency
in any branch of the Government shall not be required to make a
payment under paragraph (1)(B), unless the head of the agency
that sponsored the education of the employee notifies that
employee before the date on which the employee enters the
service of the other agency that payment is required under that
paragraph.
``(B) Amount of payment.--If an employee is required to
make a payment under paragraph (1)(B), the agency that
sponsored the education of the employee shall determine the
amount of the payment, except that such amount may not exceed
the pro rata share of the expenses incurred for the time
remaining in the 2-year period.
``(3) Recovery of payment.--If an employee who is required to
make a payment under this subsection does not make the payment, a
sum equal to the amount of the expenses incurred by the Government
for the education of that employee is recoverable by the Government
from the employee or his estate by--
``(A) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the
Government; or
``(B) such other method as is provided by lay for the
recovery of amounts owing to the Government.''.
(b) Technical and Conforming Amendment.--Section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. et seq.), as amended by section
622, is amended by inserting after the item relating to section 844 the
following:
``Sec. 845. Homeland Security Education Program.''.
SEC. 624. SURGE CAPACITY FORCE.
(a) Establishment.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall prepare and submit
to the appropriate committees of Congress a plan to establish and
implement a Surge Capacity Force for deployment of individuals to
respond to natural disasters, acts of terrorism, and other man-made
disasters, including catastrophic incidents.
(2) Authority.--
(A) In general.--Except as provided in subparagraph (B),
the plan shall provide for individuals in the Surge Capacity
Force to be trained and deployed under the authorities set
forth in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
(B) Exception.--If the Administrator determines that the
existing authorities are inadequate for the training and
deployment of individuals in the Surge Capacity Force, the
Administrator shall report to Congress as to the additional
statutory authorities that the Administrator determines
necessary.
(b) Employees Designated to Serve.--The plan shall include
procedures under which the Secretary shall designate employees of the
Department who are not employees of the Agency and shall, in
conjunction with the heads of other Executive agencies, designate
employees of those other Executive agencies, as appropriate, to serve
on the Surge Capacity Force.
(c) Capabilities.--The plan shall ensure that the Surge Capacity
Force--
(1) includes a sufficient number of individuals credentialed in
accordance with section 510 of the Homeland Security Act of 2002,
as amended by this Act, that are capable of deploying rapidly and
efficiently after activation to prepare for, respond to, and
recover from natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents; and
(2) includes a sufficient number of full-time, highly trained
individuals credentialed in accordance with section 510 of the
Homeland Security Act of 2002, as amended by this Act, to lead and
manage the Surge Capacity Force.
(d) Training.--The plan shall ensure that the Administrator
provides appropriate and continuous training to members of the Surge
Capacity Force to ensure such personnel are adequately trained on the
Agency's programs and policies for natural disasters, acts of
terrorism, and other man-made disasters.
(e) No Impact on Agency Personnel Ceiling.--Surge Capacity Force
members shall not be counted against any personnel ceiling applicable
to the Federal Emergency Management Agency.
(f) Expenses.--The Administrator may provide members of the Surge
Capacity Force with travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, for the
purpose of participating in any training that relates to service as a
member of the Surge Capacity Force.
(g) Immediate Implementation of Surge Capacity Force Involving
Federal Employees.--As soon as practicable after the date of enactment
of this Act, the Administrator shall develop and implement--
(1) the procedures under subsection (b); and
(2) other elements of the plan needed to establish the portion
of the Surge Capacity Force consisting of individuals designated
under those procedures.
CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES
SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.
Section 613 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196b) is amended--
(1) in subsection (b)(3) by inserting ``including a
catastrophic incident annex,'' after ``plans,''; and
(2) by redesignating subsections (c) through (g) and
subsections (d) through (h), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Catastrophic Incident Annex.--
``(1) Consistency.--A catastrophic incident annex submitted
under subsection (b)(3) shall be--
``(A) modeled after the catastrophic incident annex of the
National Response Plan; and
``(B) consistent with the national preparedness goal
established under section 643 of the Post-Katrina Emergency
Management Reform Act of 2006, the National Incident Management
System, the National Response Plan, and other related plans and
strategies.
``(2) Consultation.--In developing a catastrophic incident
annex submitted under subsection (b)(3), a State shall consult with
and seek appropriate comments from local governments, emergency
response providers, locally governed multijurisdictional councils
of government, and regional planning commissions.''.
SEC. 632. EVACUATION PREPAREDNESS TECHNICAL ASSISTANCE.
The Administrator, in coordination with the heads of other
appropriate Federal agencies, shall provide evacuation preparedness
technical assistance to State, local, and tribal governments, including
the preparation of hurricane evacuation studies and technical
assistance in developing evacuation plans, assessing storm surge
estimates, evacuation zones, evacuation clearance times, transportation
capacity, and shelter capacity.
SEC. 633. EMERGENCY RESPONSE TEAMS.
Section 303 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5144) is amended--
(1) by striking ``<SUP>sec. 303.'' and all that follows through
``The President shall'' and inserting the following:
``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.
``(a) Emergency Support Teams.--The President shall''; and
(2) by adding at the end the following:
``(b) Emergency Response Teams.--
``(1) Establishment.--In carrying out subsection (a), the
President, acting through the Director of the Federal Emergency
Management Agency, shall establish--
``(A) at a minimum 3 national response teams; and
``(B) sufficient regional response teams, including
Regional Office strike teams under section 507 of the Homeland
Security Act of 2002; and
``(C) other response teams as may be necessary to meet the
incident management responsibilities of the Federal Government.
``(2) Target capability level.--The Director shall ensure that
specific target capability levels, as defined pursuant to the
guidelines established under section 646(a) of the Post-Katrina
Emergency Management Reform Act of 2006, are established for
Federal emergency response teams.
``(3) Personnel.--The President, acting through the Director,
shall ensure that the Federal emergency response teams consist of
adequate numbers of properly planned, organized, equipped, trained,
and exercised personnel to achieve the established target
capability levels. Each emergency response team shall work in
coordination with State and local officials and onsite personnel
associated with a particular incident.
``(4) Readiness reporting.--The Director shall evaluate team
readiness on a regular basis and report team readiness levels in
the report required under section 652(a) of the Post-Katrina
Emergency Management Reform Act of 2006.''.
SEC. 634. URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--There is in the Agency a system known as the Urban
Search and Rescue Response System.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the system for fiscal year 2008, an amount
equal to the amount appropriated for the system for fiscal year 2007
and an additional $20,000,000.
SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM.
(a) In General.--There is a Metropolitan Medical Response Program.
(b) Purposes.--The program shall include each purpose of the
program as it existed on June 1, 2006.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program for fiscal year 2008, an amount
equal to the amount appropriated for the program for fiscal year 2007
and an additional $30,000,000.
SEC. 636. LOGISTICS.
The Administrator shall develop an efficient, transparent, and
flexible logistics system for procurement and delivery of goods and
services necessary for an effective and timely response to natural
disasters, acts of terrorism, and other man-made disasters and for
real-time visibility of items at each point throughout the logistics
system.
SEC. 637. PREPOSITIONED EQUIPMENT PROGRAM.
(a) In General.--The Administrator shall establish a prepositioned
equipment program to preposition standardized emergency equipment in at
least 11 locations to sustain and replenish critical assets used by
State, local, and tribal governments in response to (or rendered
inoperable by the effects of) natural disasters, acts of terrorism, and
other man-made disasters.
(b) Notice.--The Administrator shall notify State, local, and
tribal officials in an area in which a location for the prepositioned
equipment program will be closed not later than 60 days before the date
of such closure.
SEC. 638. HURRICANE KATRINA AND HURRICANE RITA RECOVERY OFFICES.
(a) Establishment.--In order to provide all eligible Federal
assistance to individuals and State, local, and tribal governments
affected by Hurricane Katrina or Hurricane Rita in a customer-focused,
expeditious, effective, and consistent manner, the Administrator shall
establish, in coordination with the appropriate States, a recovery
office. The Administrator may establish recovery offices for each of
the following States, if necessary:
(1) Mississippi.
(2) Louisiana.
(3) Alabama.
(4) Texas.
(b) Structure.--Each recovery office shall have an executive
director, appointed by the Administrator, and a senior management team.
(c) Responsibilities.--Each executive director, in coordination
with State, local, and tribal governments, private sector entities, and
nongovernmental organizations, including faith-based and other
community humanitarian relief entities, shall provide assistance in a
timely and effective manner to residents of the Gulf Coast region for
recovering from Hurricane Katrina or Hurricane Rita.
(d) Staffing.--
(1) In general.--Each recovery office shall be staffed by
multi-year term, temporary employees and permanent employees.
(2) Staffing levels.--Staffing levels of a recovery office
shall be commensurate with current and projected workload and shall
be evaluated on a regular basis.
(e) Performance Measures.--To ensure that each recovery office is
meeting its objectives, the Administrator shall identify performance
measures that are specific, measurable, achievable, relevant, and
timed, including--
(1) public assistance program project worksheet completion
rates; and
(2) public assistance reimbursement times.
(f) Closeout Incentives.--The Administrator shall provide
incentives for the timely closeout of public assistance projects under
sections 406 and 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172 and 5173).
(g) Termination.--Each recovery office shall terminate at the
discretion of the Administrator.
SEC. 639. BASIC LIFE SUPPORTING FIRST AID AND EDUCATION.
The Administrator shall enter into agreements with organizations to
provide funds to emergency response providers to provide education and
training in life supporting first aid to children.
SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.
(a) Measures to Improve Information Technology Systems.--The
Administrator, in coordination with the Chief Information Officer of
the Department, shall take appropriate measures to update and improve
the information technology systems of the Agency, including measures
to--
(1) ensure that the multiple information technology systems of
the Agency (including the National Emergency Management Information
System, the Logistics Information Management System III, and the
Automated Deployment Database) are, to the extent practicable,
fully compatible and can share and access information, as
appropriate, from each other;
(2) ensure technology enhancements reach the headquarters and
regional offices of the Agency in a timely fashion, to allow
seamless integration;
(3) develop and maintain a testing environment that ensures
that all system components are properly and thoroughly tested
before their release;
(4) ensure that the information technology systems of the
Agency have the capacity to track disaster response personnel,
mission assignments task orders, commodities, and supplies used in
response to a natural disaster, act of terrorism, or other man-made
disaster;
(5) make appropriate improvements to the National Emergency
Management Information System to address shortcomings in such
system on the date of enactment of this Act; and
(6) provide training, manuals, and guidance on information
technology systems to personnel, including disaster response
personnel, to help ensure employees can properly use information
technology systems.
(b) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report describing the implementation of this section,
including a description of any actions taken, improvements made, and
remaining problems and a description of any additional funding needed
to make necessary and appropriate improvements to the information
technology systems of the Agency.
SEC. 640A. DISCLOSURE OF CERTAIN INFORMATION TO LAW ENFORCEMENT
AGENCIES.
In the event of circumstances requiring an evacuation, sheltering,
or mass relocation, the Administrator may disclose information in any
individual assistance database of the Agency in accordance with section
552a(b) of title 5, United States Code (commonly referred to as the
``Privacy Act''), to any law enforcement agency of the Federal
Government or a State, local, or tribal government in order to identify
illegal conduct or address public safety or security issues, including
compliance with sex offender notification laws.
Subtitle C--Comprehensive Preparedness System
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
SEC. 641. DEFINITIONS.
In this chapter:
(1) Capability.--The term ``capability'' means the ability to
provide the means to accomplish one or more tasks under specific
conditions and to specific performance standards. A capability may
be achieved with any combination of properly planned, organized,
equipped, trained, and exercised personnel that achieves the
intended outcome.
(2) Hazard.--The term ``hazard'' has the meaning given that
term under section 602(a)(1) of the Robert T. Stafford Disaster
Relief and Assistance Act (42 U.S.C. 5195a).
(3) Mission assignment.--The term ``mission assignment'' means
a work order issued to a Federal agency by the Agency, directing
completion by that agency of a specified task and setting forth
funding, other managerial controls, and guidance.
(4) National preparedness goal.--The term ``national
preparedness goal'' means the national preparedness goal
established under section 643.
(5) National preparedness system.--The term ``national
preparedness system'' means the national preparedness system
established under section 644.
(6) National training program.--The term ``national training
program'' means the national training program established under
section 648(a).
(7) Operational readiness.--The term ``operational readiness''
means the capability of an organization, an asset, a system, or
equipment to perform the missions or functions for which it is
organized or designed.
(8) Performance measure.--The term ``performance measure''
means a quantitative or qualitative characteristic used to gauge
the results of an outcome compared to its intended purpose.
(9) Performance metric.--The term ``performance metric'' means
a particular value or characteristic used to measure the outcome
that is generally expressed in terms of a baseline and a target.
(10) Prevention.--The term ``prevention'' means any activity
undertaken to avoid, prevent, or stop a threatened or actual act of
terrorism.
SEC. 642. NATIONAL PREPAREDNESS.
In order to prepare the Nation for all hazards, including natural
disasters, acts of terrorism, and other man-made disasters, the
President, consistent with the declaration of policy under section 601
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5195) and title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by this Act, shall develop a national
preparedness goal and a national preparedness system.
SEC. 643. NATIONAL PREPAREDNESS GOAL.
(a) Establishment.--The President, acting through the
Administrator, shall complete, revise, and update, as necessary, a
national preparedness goal that defines the target level of
preparedness to ensure the Nation's ability to prevent, respond to,
recover from, and mitigate against natural disasters, acts of
terrorism, and other man-made disasters.
(b) National Incident Management System and National Response
Plan.--The national preparedness goal, to the greatest extent
practicable, shall be consistent with the National Incident Management
System and the National Response Plan.
SEC. 644. ESTABLISHMENT OF NATIONAL PREPAREDNESS SYSTEM.
(a) Establishment.--The President, acting through the
Administrator, shall develop a national preparedness system to enable
the Nation to meet the national preparedness goal.
(b) Components.--The national preparedness system shall include the
following components:
(1) Target capabilities and preparedness priorities.
(2) Equipment and training standards.
(3) Training and exercises.
(4) Comprehensive assessment system.
(5) Remedial action management program.
(6) Federal response capability inventory.
(7) Reporting requirements.
(8) Federal preparedness.
(c) National Planning Scenarios.--The national preparedness system
may include national planning scenarios.
SEC. 645. NATIONAL PLANNING SCENARIOS.
(a) In General.--The Administrator, in coordination with the heads
of appropriate Federal agencies and the National Advisory Council, may
develop planning scenarios to reflect the relative risk requirements
presented by all hazards, including natural disasters, acts of
terrorism, and other man-made disasters, in order to provide the
foundation for the flexible and adaptive development of target
capabilities and the identification of target capability levels to meet
the national preparedness goal.
(b) Development.--In developing, revising, and replacing national
planning scenarios, the Administrator shall ensure that the scenarios--
(1) reflect the relative risk of all hazards and illustrate the
potential scope, magnitude, and complexity of a broad range of
representative hazards; and
(2) provide the minimum number of representative scenarios
necessary to identify and define the tasks and target capabilities
required to respond to all hazards.
SEC. 646. TARGET CAPABILITIES AND PREPAREDNESS PRIORITIES.
(a) Establishment of Guidelines on Target Capabilities.--Not later
than 180 days after the date of enactment of this Act, the
Administrator, in coordination with the heads of appropriate Federal
agencies, the National Council on Disability, and the National Advisory
Council, shall complete, revise, and update, as necessary, guidelines
to define risk-based target capabilities for Federal, State, local, and
tribal government preparedness that will enable the Nation to prevent,
respond to, recover from, and mitigate against all hazards, including
natural disasters, acts of terrorism, and other man-made disasters.
(b) Distribution of Guidelines.--The Administrator shall ensure
that the guidelines are provided promptly to the appropriate committees
of Congress and the States.
(c) Objectives.--The Administrator shall ensure that the guidelines
are specific, flexible, and measurable.
(d) Terrorism Risk Assessment.--With respect to analyzing and
assessing the risk of acts of terrorism, the Administrator shall
consider--
(1) the variables of threat, vulnerability, and consequences
related to population (including transient commuting and tourist
populations), areas of high population density, critical
infrastructure, coastline, and international borders; and
(2) the most current risk assessment available from the Chief
Intelligence Officer of the Department of the threats of terrorism
against the United States.
(e) Preparedness Priorities.--In establishing the guidelines under
subsection (a), the Administrator shall establish preparedness
priorities that appropriately balance the risk of all hazards,
including natural disasters, acts of terrorism, and other man-made
disasters, with the resources required to prevent, respond to, recover
from, and mitigate against the hazards.
(f) Mutual Aid Agreements.--The Administrator may provide support
for the development of mutual aid agreements within States.
SEC. 647. EQUIPMENT AND TRAINING STANDARDS.
(a) Equipment Standards.--
(1) In general.--The Administrator, in coordination with the
heads of appropriate Federal agencies and the National Advisory
Council, shall support the development, promulgation, and updating,
as necessary, of national voluntary consensus standards for the
performance, use, and validation of equipment used by Federal,
State, local, and tribal governments and nongovernmental emergency
response providers.
(2) Requirements.--The national voluntary consensus standards
shall--
(A) be designed to achieve equipment and other capabilities
consistent with the national preparedness goal, including the
safety and health of emergency response providers;
(B) to the maximum extent practicable, be consistent with
existing national voluntary consensus standards;
(C) take into account, as appropriate, threats that may not
have been contemplated when the existing standards were
developed; and
(D) focus on maximizing operability, interoperability,
interchangeability, durability, flexibility, efficiency,
efficacy, portability, sustainability, and safety.
(b) Training Standards.--The Administrator shall--
(1) support the development, promulgation, and regular
updating, as necessary, of national voluntary consensus standards
for training; and
(2) ensure that the training provided under the national
training program is consistent with the standards.
(c) Consultation With Standards Organizations.--In carrying out
this section, the Administrator shall consult with representatives of
relevant public and private sector national voluntary consensus
standards development organizations.
SEC. 648. TRAINING AND EXERCISES.
(a) National Training Program.--
(1) In general.--Beginning not later than 180 days after the
date of enactment of this Act, the Administrator, in coordination
with the heads of appropriate Federal agencies, the National
Council on Disability, and the National Advisory Council, shall
carry out a national training program to implement the national
preparedness goal, National Incident Management System, National
Response Plan, and other related plans and strategies.
(2) Training partners.--In developing and implementing the
national training program, the Administrator shall--
(A) work with government training facilities, academic
institutions, private organizations, and other entities that
provide specialized, state-of-the-art training for emergency
managers or emergency response providers; and
(B) utilize, as appropriate, training courses provided by
community colleges, State and local public safety academies,
State and private universities, and other facilities.
(b) National Exercise Program.--
(1) In general.--Beginning not later than 180 days after the
date of enactment of this Act, the Administrator, in coordination
with the heads of appropriate Federal agencies, the National
Council on Disability, and the National Advisory Council, shall
carry out a national exercise program to test and evaluate the
national preparedness goal, National Incident Management System,
National Response Plan, and other related plans and strategies.
(2) Requirements.--The national exercise program--
(A) shall be--
(i) as realistic as practicable, based on current risk
assessments, including credible threats, vulnerabilities,
and consequences, and designed to stress the national
preparedness system;
(ii) designed, as practicable, to simulate the partial
or complete incapacitation of a State, local, or tribal
government;
(iii) carried out, as appropriate, with a minimum
degree of notice to involved parties regarding the timing
and details of such exercises, consistent with safety
considerations;
(iv) designed to provide for systematic evaluation of
readiness; and
(v) designed to address the unique requirements of
populations with special needs; and
(B) shall provide assistance to State, local, and tribal
governments with the design, implementation, and evaluation of
exercises that--
(i) conform to the requirements under subparagraph (A);
(ii) are consistent with any applicable State, local,
or tribal strategy or plan; and
(iii) provide for systematic evaluation of readiness.
(3) National level exercises.--The Administrator shall
periodically, but not less than biennially, perform national
exercises for the following purposes:
(A) To test and evaluate the capability of Federal, State,
local, and tribal governments to detect, disrupt, and prevent
threatened or actual catastrophic acts of terrorism, especially
those involving weapons of mass destruction.
(B) To test and evaluate the readiness of Federal, State,
local, and tribal governments to respond and recover in a
coordinated and unified manner to catastrophic incidents.
SEC. 649. COMPREHENSIVE ASSESSMENT SYSTEM.
(a) Establishment.--The Administrator, in coordination with the
National Council on Disability and the National Advisory Council, shall
establish a comprehensive system to assess, on an ongoing basis, the
Nation's prevention capabilities and overall preparedness, including
operational readiness.
(b) Performance Metrics and Measures.--The Administrator shall
ensure that each component of the national preparedness system,
National Incident Management System, National Response Plan, and other
related plans and strategies, and the reports required under section
652 is developed, revised, and updated with clear and quantifiable
performance metrics, measures, and outcomes.
(c) Contents.--The assessment system established under subsection
(a) shall assess--
(1) compliance with the national preparedness system, National
Incident Management System, National Response Plan, and other
related plans and strategies;
(2) capability levels at the time of assessment against target
capability levels defined pursuant to the guidelines established
under section 646(a);
(3) resource needs to meet the desired target capability levels
defined pursuant to the guidelines established under section
646(a); and
(4) performance of training, exercises, and operations.
SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
The Administrator, in coordination with the National Council on
Disability and the National Advisory Council, shall establish a
remedial action management program to--
(1) analyze training, exercises, and real-world events to
identify and disseminate lessons learned and best practices;
(2) generate and disseminate, as appropriate, after action
reports to participants in exercises and real-world events; and
(3) conduct remedial action tracking and long-term trend
analysis.
SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.
(a) In General.--In accordance with section 611(h)(1)(C) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(h)(1)(C), the Administrator shall accelerate the completion
of the inventory of Federal response capabilities.
(b) Contents.--The inventory shall include--
(1) for each capability--
(A) the performance parameters of the capability;
(B) the timeframe within which the capability can be
brought to bear on an incident; and
(C) the readiness of the capability to respond to all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters; and
(2) emergency communications assets maintained by the Federal
Government and, if appropriate, State, local, and tribal
governments and the private sector.
(c) Department of Defense.--The Administrator, in coordination with
the Secretary of Defense, shall develop a list of organizations and
functions within the Department of Defense that may be used, pursuant
to the authority provided under the National Response Plan and sections
402, 403, and 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide
support to civil authorities during natural disasters, acts of
terrorism, and other man-made disasters.
(d) Database.--The Administrator shall establish an inventory
database to allow--
(1) real-time exchange of information regarding capabilities,
readiness, or the compatibility of equipment;
(2) easy identification and rapid deployment during an
incident; and
(3) the sharing of inventories with other Federal agencies, as
appropriate.
SEC. 652. REPORTING REQUIREMENTS.
(a) Federal Preparedness Report.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, and annually thereafter, the Administrator,
in coordination with the heads of appropriate Federal agencies,
shall submit to the appropriate committees of Congress a report on
the Nation's level of preparedness for all hazards, including
natural disasters, acts of terrorism, and other man-made disasters.
(2) Contents.--Each report shall include--
(A) an assessment of how Federal assistance supports the
national preparedness system;
(B) the results of the comprehensive assessment carried out
under section 649;
(C) a review of the inventory described in section 651(a);
and
(D) an assessment of resource needs to meet preparedness
priorities established under section 646(e), including--
(i) an estimate of the amount of Federal, State, local,
and tribal expenditures required to attain the preparedness
priorities; and
(ii) the extent to which the use of Federal assistance
during the preceding fiscal year achieved the preparedness
priorities.
(b) Catastrophic Resource Report.--
(1) In general.--The Administrator shall develop and submit to
the appropriate committees of Congress annually an estimate of the
resources of the Agency and other Federal agencies needed for and
devoted specifically to developing the capabilities of Federal,
State, local, and tribal governments necessary to respond to a
catastrophic incident.
(2) Contents.--Each estimate under paragraph (1) shall include
the resources both necessary for and devoted to--
(A) planning;
(B) training and exercises;
(C) Regional Office enhancements;
(D) staffing, including for surge capacity during a
catastrophic incident;
(E) additional logistics capabilities;
(F) other responsibilities under the catastrophic incident
annex and the catastrophic incident supplement of the National
Response Plan;
(G) State, local, and tribal government catastrophic
incident preparedness; and
(H) covering increases in the fixed costs or expenses of
the Agency, including rent or property acquisition costs or
expenses, taxes, contributions to the working capital fund of
the Department, and security costs for the year after the year
in which such estimate is submitted.
(c) State Preparedness Report.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, and annually thereafter, a State receiving
Federal preparedness assistance administered by the Department
shall submit a report to the Administrator on the State's level of
preparedness.
(2) Contents.--Each report shall include--
(A) an assessment of State compliance with the national
preparedness system, National Incident Management System,
National Response Plan, and other related plans and strategies;
(B) an assessment of current capability levels and a
description of target capability levels; and
(C) an assessment of resource needs to meet the
preparedness priorities established under section 646(e),
including--
(i) an estimate of the amount of expenditures required
to attain the preparedness priorities; and
(ii) the extent to which the use of Federal assistance
during the preceding fiscal year achieved the preparedness
priorities.
SEC. 653. FEDERAL PREPAREDNESS.
(a) Agency Responsibility.--In support of the national preparedness
system, the President shall ensure that each Federal agency with
coordinating, primary, or supporting responsibilities under the
National Response Plan--
(1) has the operational capability to meet the national
preparedness goal, including--
(A) the personnel to make and communicate decisions;
(B) organizational structures that are assigned, trained,
and exercised for the missions of the agency;
(C) sufficient physical resources; and
(D) the command, control, and communication channels to
make, monitor, and communicate decisions;
(2) complies with the National Incident Management System;
(3) develops, trains, and exercises rosters of response
personnel to be deployed when the agency is called upon to support
a Federal response; and
(4) develops deliberate operational plans and the corresponding
capabilities, including crisis planning, to respond effectively to
natural disasters, acts of terrorism, and other man-made disasters
in support of the National Response Plan to ensure a coordinated
Federal response.
(b) Operational Plans.--An operations plan developed under
subsection (a)(4) shall meet the following requirements:
(1) The operations plan shall be coordinated under a unified
system with a common terminology, approach, and framework.
(2) The operations plan shall be developed, in coordination
with State, local, and tribal government officials, to address both
regional and national risks.
(3) The operations plan shall contain, as appropriate, the
following elements:
(A) Concepts of operations.
(B) Critical tasks and responsibilities.
(C) Detailed resource and personnel requirements, together
with sourcing requirements.
(D) Specific provisions for the rapid integration of the
resources and personnel of the agency into the overall
response.
(4) The operations plan shall address, as appropriate, the
following matters:
(A) Support of State, local, and tribal governments in
conducting mass evacuations, including--
(i) transportation and relocation;
(ii) short- and long-term sheltering and accommodation;
(iii) provisions for populations with special needs,
keeping families together, and expeditious location of
missing children; and
(iv) policies and provisions for pets.
(B) The preparedness and deployment of public health and
medical resources, including resources to address the needs of
evacuees and populations with special needs.
(C) The coordination of interagency search and rescue
operations, including land, water, and airborne search and
rescue operations.
(D) The roles and responsibilities of the Senior Federal
Law Enforcement Official with respect to other law enforcement
entities.
(E) The protection of critical infrastructure.
(F) The coordination of maritime salvage efforts among
relevant agencies.
(G) The coordination of Department of Defense and National
Guard support of civilian authorities.
(H) To the extent practicable, the utilization of
Department of Defense, National Air and Space Administration,
National Oceanic and Atmospheric Administration, and commercial
aircraft and satellite remotely sensed imagery.
(I) The coordination and integration of support from the
private sector and nongovernmental organizations.
(J) The safe disposal of debris, including hazardous
materials, and, when practicable, the recycling of debris.
(K) The identification of the required surge capacity.
(L) Specific provisions for the recovery of affected
geographic areas.
(c) Mission Assignments.--To expedite the provision of assistance
under the National Response Plan, the President shall ensure that the
Administrator, in coordination with Federal agencies with
responsibilities under the National Response Plan, develops prescripted
mission assignments, including logistics, communications, mass care,
health services, and public safety.
(d) Certification.--The President shall certify on an annual basis
that each Federal agency with coordinating, primary, or supporting
responsibilities under the National Response Plan complies with
subsections (a) and (b).
(e) Construction.--Nothing in this section shall be construed to
limit the authority of the Secretary of Defense with regard to--
(1) the command, control, training, planning, equipment,
exercises, or employment of Department of Defense forces; or
(2) the allocation of Department of Defense resources.
SEC. 654. USE OF EXISTING RESOURCES.
In establishing the national preparedness goal and national
preparedness system, the Administrator shall use existing preparedness
documents, planning tools, and guidelines to the extent practicable and
consistent with this Act.
CHAPTER 2--ADDITIONAL PREPAREDNESS
SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
(a) In General.--The Administrator may make grants to administer
the Emergency Management Assistance Compact consented to by the Joint
Resolution entitled ``Joint Resolution granting the consent of Congress
to the Emergency Management Assistance Compact'' (Public Law 104-321;
110 Stat. 3877).
(b) Uses.--A grant under this section shall be used--
(1) to carry out recommendations identified in the Emergency
Management Assistance Compact after-action reports for the 2004 and
2005 hurricane season;
(2) to administer compact operations on behalf of all member
States and territories;
(3) to continue coordination with the Agency and appropriate
Federal agencies;
(4) to continue coordination with State, local, and tribal
government entities and their respective national organizations;
and
(5) to assist State and local governments, emergency response
providers, and organizations representing such providers with
credentialing emergency response providers and the typing of
emergency response resources.
(c) Coordination.--The Administrator shall consult with the
Administrator of the Emergency Management Assistance Compact to ensure
effective coordination of efforts in responding to requests for
assistance.
(d) Authorization.--There is authorized to be appropriated to carry
out this section $4,000,000 for fiscal year 2008. Such sums shall
remain available until expended.
SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.
There is authorized to be appropriated for the Emergency Management
Performance Grants Program for fiscal year 2008, an amount equal to the
amount appropriated for the program for fiscal year 2007 and an
additional $175,000,000.
SEC. 663. TRANSFER OF NOBLE TRAINING CENTER.
The Noble Training Center is transferred to the Center for Domestic
Preparedness. The Center for Domestic Preparedness shall integrate the
Noble Training Center into the program structure of the Center for
Domestic Preparedness.
SEC. 664. NATIONAL EXERCISE SIMULATION CENTER.
The President shall establish a national exercise simulation center
that--
(1) uses a mix of live, virtual, and constructive simulations
to--
(A) prepare elected officials, emergency managers,
emergency response providers, and emergency support providers
at all levels of government to operate cohesively;
(B) provide a learning environment for the homeland
security personnel of all Federal agencies;
(C) assist in the development of operational procedures and
exercises, particularly those based on catastrophic incidents;
and
(D) allow incident commanders to exercise decisionmaking in
a simulated environment; and
(2) uses modeling and simulation for training, exercises, and
command and control functions at the operational level.
Subtitle D--Emergency Communications
SEC. 671. EMERGENCY COMMUNICATIONS.
(a) Short Title.--This section may be cited as the ``21st Century
Emergency Communications Act of 2006''.
(b) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding at the end the following new title:
``TITLE XVIII--EMERGENCY COMMUNICATIONS
``SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.
``(a) In General.--There is established in the Department an Office
of Emergency Communications.
``(b) Director.--The head of the office shall be the Director for
Emergency Communications. The Director shall report to the Assistant
Secretary for Cybersecurity and Communications.
``(c) Responsibilities.--The Director for Emergency Communications
shall--
``(1) assist the Secretary in developing and implementing the
program described in section 7303(a)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except
as provided in section 314;
``(2) administer the Department's responsibilities and
authorities relating to the SAFECOM Program, excluding elements
related to research, development, testing, and evaluation and
standards;
``(3) administer the Department's responsibilities and
authorities relating to the Integrated Wireless Network program;
``(4) conduct extensive, nationwide outreach to support and
promote the ability of emergency response providers and relevant
government officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-made disasters;
``(5) conduct extensive, nationwide outreach and foster the
development of interoperable emergency communications capabilities
by State, regional, local, and tribal governments and public safety
agencies, and by regional consortia thereof;
``(6) provide technical assistance to State, regional, local,
and tribal government officials with respect to use of
interoperable emergency communications capabilities;
``(7) coordinate with the Regional Administrators regarding the
activities of Regional Emergency Communications Coordination
Working Groups under section 1805;
``(8) promote the development of standard operating procedures
and best practices with respect to use of interoperable emergency
communications capabilities for incident response, and facilitate
the sharing of information on such best practices for achieving,
maintaining, and enhancing interoperable emergency communications
capabilities for such response;
``(9) coordinate, in cooperation with the National
Communications System, the establishment of a national response
capability with initial and ongoing planning, implementation, and
training for the deployment of communications equipment for
relevant State, local, and tribal governments and emergency
response providers in the event of a catastrophic loss of local and
regional emergency communications services;
``(10) assist the President, the National Security Council, the
Homeland Security Council, and the Director of the Office of
Management and Budget in ensuring the continued operation of the
telecommunications functions and responsibilities of the Federal
Government, excluding spectrum management;
``(11) establish, in coordination with the Director of the
Office for Interoperability and Compatibility, requirements for
interoperable emergency communications capabilities, which shall be
nonproprietary where standards for such capabilities exist, for all
public safety radio and data communications systems and equipment
purchased using homeland security assistance administered by the
Department, excluding any alert and warning device, technology, or
system;
``(12) review, in consultation with the Assistant Secretary for
Grants and Training, all interoperable emergency communications
plans of Federal, State, local, and tribal governments, including
Statewide and tactical interoperability plans, developed pursuant
to homeland security assistance administered by the Department, but
excluding spectrum allocation and management related to such plans;
``(13) develop and update periodically, as appropriate, a
National Emergency Communications Plan under section 1802;
``(14) perform such other duties of the Department necessary to
support and promote the ability of emergency response providers and
relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other man-made
disasters; and
``(15) perform other duties of the Department necessary to
achieve the goal of and maintain and enhance interoperable
emergency communications capabilities.
``(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the Director for
Emergency Communications the following programs and responsibilities:
``(1) The SAFECOM Program, excluding elements related to
research, development, testing, and evaluation and standards.
``(2) The responsibilities of the Chief Information Officer
related to the implementation of the Integrated Wireless Network.
``(3) The Interoperable Communications Technical Assistance
Program.
``(e) Coordination.--The Director for Emergency Communications
shall coordinate--
``(1) as appropriate, with the Director of the Office for
Interoperability and Compatibility with respect to the
responsibilities described in section 314; and
``(2) with the Administrator of the Federal Emergency
Management Agency with respect to the responsibilities described in
this title.
``(f) Sufficiency of Resources Plan.--
``(1) Report.--Not later than 120 days after the date of
enactment of this section, the Secretary shall submit to Congress a
report on the resources and staff necessary to carry out fully the
responsibilities under this title.
``(2) Comptroller general review.--The Comptroller General
shall review the validity of the report submitted by the Secretary
under paragraph (1). Not later than 60 days after the date on which
such report is submitted, the Comptroller General shall submit to
Congress a report containing the findings of such review.
``SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
``(a) In General.--The Secretary, acting through the Director for
Emergency Communications, and in cooperation with the Department of
National Communications System (as appropriate), shall, in cooperation
with State, local, and tribal governments, Federal departments and
agencies, emergency response providers, and the private sector, develop
not later than 180 days after the completion of the baseline assessment
under section 1803, and periodically update, a National Emergency
Communications Plan to provide recommendations regarding how the United
States should--
``(1) support and promote the ability of emergency response
providers and relevant government officials to continue to
communicate in the event of natural disasters, acts of terrorism,
and other man-made disasters; and
``(2) ensure, accelerate, and attain interoperable emergency
communications nationwide.
``(b) Coordination.--The Emergency Communications Preparedness
Center under section 1806 shall coordinate the development of the
Federal aspects of the National Emergency Communications Plan.
``(c) Contents.--The National Emergency Communications Plan shall--
``(1) include recommendations developed in consultation with
the Federal Communications Commission and the National Institute of
Standards and Technology for a process for expediting national
voluntary consensus standards for emergency communications
equipment for the purchase and use by public safety agencies of
interoperable emergency communications equipment and technologies;
``(2) identify the appropriate capabilities necessary for
emergency response providers and relevant government officials to
continue to communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters;
``(3) identify the appropriate interoperable emergency
communications capabilities necessary for Federal, State, local,
and tribal governments in the event of natural disasters, acts of
terrorism, and other man-made disasters;
``(4) recommend both short-term and long-term solutions for
ensuring that emergency response providers and relevant government
officials can continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made disasters;
``(5) recommend both short-term and long-term solutions for
deploying interoperable emergency communications systems for
Federal, State, local, and tribal governments throughout the
Nation, including through the provision of existing and emerging
technologies;
``(6) identify how Federal departments and agencies that
respond to natural disasters, acts of terrorism, and other man-made
disasters can work effectively with State, local, and tribal
governments, in all States, and with other entities;
``(7) identify obstacles to deploying interoperable emergency
communications capabilities nationwide and recommend short-term and
long-term measures to overcome those obstacles, including
recommendations for multijurisdictional coordination among Federal,
State, local, and tribal governments;
``(8) recommend goals and timeframes for the deployment of
emergency, command-level communications systems based on new and
existing equipment across the United States and develop a timetable
for the deployment of interoperable emergency communications
systems nationwide; and
``(9) recommend appropriate measures that emergency response
providers should employ to ensure the continued operation of
relevant governmental communications infrastructure in the event of
natural disasters, acts of terrorism, or other man-made disasters.
``SEC. 1803. ASSESSMENTS AND REPORTS.
``(a) Baseline Assessment.--Not later than 1 year after the date of
enactment of this section and not less than every 5 years thereafter,
the Secretary, acting through the Director for Emergency
Communications, shall conduct an assessment of Federal, State, local,
and tribal governments that--
``(1) defines the range of capabilities needed by emergency
response providers and relevant government officials to continue to
communicate in the event of natural disasters, acts of terrorism,
and other man-made disasters;
``(2) defines the range of interoperable emergency
communications capabilities needed for specific events;
``(3) assesses the current available capabilities to meet such
communications needs;
``(4) identifies the gap between such current capabilities and
defined requirements; and
``(5) includes a national interoperable emergency
communications inventory to be completed by the Secretary of
Homeland Security, the Secretary of Commerce, and the Chairman of
the Federal Communications Commission that--
``(A) identifies for each Federal department and agency--
``(i) the channels and frequencies used;
``(ii) the nomenclature used to refer to each channel
or frequency used; and
``(iii) the types of communications systems and
equipment used; and
``(B) identifies the interoperable emergency communications
systems in use by public safety agencies in the United States.
``(b) Classified Annex.--The baseline assessment under this section
may include a classified annex including information provided under
subsection (a)(5)(A).
``(c) Savings Clause.--In conducting the baseline assessment under
this section, the Secretary may incorporate findings from assessments
conducted before, or ongoing on, the date of enactment of this title.
``(d) Progress Reports.--Not later than one year after the date of
enactment of this section and biennially thereafter, the Secretary,
acting through the Director for Emergency Communications, shall submit
to Congress a report on the progress of the Department in achieving the
goals of, and carrying out its responsibilities under, this title,
including--
``(1) a description of the findings of the most recent baseline
assessment conducted under subsection (a);
``(2) a determination of the degree to which interoperable
emergency communications capabilities have been attained to date
and the gaps that remain for interoperability to be achieved;
``(3) an evaluation of the ability to continue to communicate
and to provide and maintain interoperable emergency communications
by emergency managers, emergency response providers, and relevant
government officials in the event of--
``(A) natural disasters, acts of terrorism, or other man-
made disasters, including Incidents of National Significance
declared by the Secretary under the National Response Plan; and
``(B) a catastrophic loss of local and regional
communications services;
``(4) a list of best practices relating to the ability to
continue to communicate and to provide and maintain interoperable
emergency communications in the event of natural disasters, acts of
terrorism, or other man-made disasters; and
``(A) an evaluation of the feasibility and desirability of
the Department developing, on its own or in conjunction with
the Department of Defense, a mobile communications capability,
modeled on the Army Signal Corps, that could be deployed to
support emergency communications at the site of natural
disasters, acts of terrorism, or other man-made disasters.
``SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
``(a) Coordination of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency Communications,
shall ensure that grant guidelines for the use of homeland security
assistance administered by the Department relating to interoperable
emergency communications are coordinated and consistent with the goals
and recommendations in the National Emergency Communications Plan under
section 1802.
``(b) Denial of Eligibility for Grants.--
``(1) In general.--The Secretary, acting through the Assistant
Secretary for Grants and Planning, and in consultation with the
Director for Emergency Communications, may prohibit any State,
local, or tribal government from using homeland security assistance
administered by the Department to achieve, maintain, or enhance
emergency communications capabilities, if--
``(A) such government has not complied with the requirement
to submit a Statewide Interoperable Communications Plan as
required by section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(f));
``(B) such government has proposed to upgrade or purchase
new equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards and has not
provided a reasonable explanation of why such equipment or
systems will serve the needs of the applicant better than
equipment or systems that meet or exceed such standards; and
``(C) as of the date that is 3 years after the date of the
completion of the initial National Emergency Communications
Plan under section 1802, national voluntary consensus standards
for interoperable emergency communications capabilities have
not been developed and promulgated.
``(2) Standards.--The Secretary, in coordination with the
Federal Communications Commission, the National Institute of
Standards and Technology, and other Federal departments and
agencies with responsibility for standards, shall support the
development, promulgation, and updating as necessary of national
voluntary consensus standards for interoperable emergency
communications.
``SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.
``(a) In General.--There is established in each Regional Office a
Regional Emergency Communications Coordination Working Group (in this
section referred to as an `RECC Working Group'). Each RECC Working
Group shall report to the relevant Regional Administrator and
coordinate its activities with the relevant Regional Advisory Council.
``(b) Membership.--Each RECC Working Group shall consist of the
following:
``(1) Non-federal.--Organizations representing the interests of
the following:
``(A) State officials.
``(B) Local government officials, including sheriffs.
``(C) State police departments.
``(D) Local police departments.
``(E) Local fire departments.
``(F) Public safety answering points (9-1-1 services).
``(G) State emergency managers, homeland security
directors, or representatives of State Administrative Agencies.
``(H) Local emergency managers or homeland security
directors.
``(I) Other emergency response providers as appropriate.
``(2) Federal.--Representatives from the Department, the
Federal Communications Commission, and other Federal departments
and agencies with responsibility for coordinating interoperable
emergency communications with or providing emergency support
services to State, local, and tribal governments.
``(c) Coordination.--Each RECC Working Group shall coordinate its
activities with the following:
``(1) Communications equipment manufacturers and vendors
(including broadband data service providers).
``(2) Local exchange carriers.
``(3) Local broadcast media.
``(4) Wireless carriers.
``(5) Satellite communications services.
``(6) Cable operators.
``(7) Hospitals.
``(8) Public utility services.
``(9) Emergency evacuation transit services.
``(10) Ambulance services.
``(11) HAM and amateur radio operators.
``(12) Representatives from other private sector entities and
nongovernmental organizations as the Regional Administrator
determines appropriate.
``(d) Duties.--The duties of each RECC Working Group shall
include--
``(1) assessing the survivability, sustainability, and
interoperability of local emergency communications systems to meet
the goals of the National Emergency Communications Plan;
``(2) reporting annually to the relevant Regional
Administrator, the Director for Emergency Communications, the
Chairman of the Federal Communications Commission, and the
Assistant Secretary for Communications and Information of the
Department of Commerce on the status of its region in building
robust and sustainable interoperable voice and data emergency
communications networks and, not later than 60 days after the
completion of the initial National Emergency Communications Plan
under section 1802, on the progress of the region in meeting the
goals of such plan;
``(3) ensuring a process for the coordination of effective
multijurisdictional, multi-agency emergency communications networks
for use during natural disasters, acts of terrorism, and other man-
made disasters through the expanded use of emergency management and
public safety communications mutual aid agreements; and
``(4) coordinating the establishment of Federal, State, local,
and tribal support services and networks designed to address the
immediate and critical human needs in responding to natural
disasters, acts of terrorism, and other man-made disasters.
``SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.
``(a) Establishment.--There is established the Emergency
Communications Preparedness Center (in this section referred to as the
`Center').
``(b) Operation.--The Secretary, the Chairman of the Federal
Communications Commission, the Secretary of Defense, the Secretary of
Commerce, the Attorney General of the United States, and the heads of
other Federal departments and agencies or their designees shall jointly
operate the Center in accordance with the Memorandum of Understanding
entitled, `Emergency Communications Preparedness Center (ECPC)
Charter'.
``(c) Functions.--The Center shall--
``(1) serve as the focal point for interagency efforts and as a
clearinghouse with respect to all relevant intergovernmental
information to support and promote (including specifically by
working to avoid duplication, hindrances, and counteractive efforts
among the participating Federal departments and agencies)--
``(A) the ability of emergency response providers and
relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other man-
made disasters; and
``(B) interoperable emergency communications;
``(2) prepare and submit to Congress, on an annual basis, a
strategic assessment regarding the coordination efforts of Federal
departments and agencies to advance--
``(A) the ability of emergency response providers and
relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other man-
made disasters; and
``(B) interoperable emergency communications;
``(3) consider, in preparing the strategic assessment under
paragraph (2), the goals stated in the National Emergency
Communications Plan under section 1802; and
``(4) perform such other functions as are provided in the
Emergency Communications Preparedness Center (ECPC) Charter
described in subsection (b)(1).
``SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITIES.
``(a) In General.--The Secretary, in consultation with the Chairman
of the Federal Communications Commission and the Secretary of Defense,
and with appropriate State, local, and tribal government officials,
shall provide technical guidance, training, and other assistance, as
appropriate, to support the rapid establishment of consistent, secure,
and effective interoperable emergency communications capabilities in
the event of an emergency in urban and other areas determined by the
Secretary to be at consistently high levels of risk from natural
disasters, acts of terrorism, and other man-made disasters.
``(b) Minimum Capabilities.--The interoperable emergency
communications capabilities established under subsection (a) shall
ensure the ability of all levels of government, emergency response
providers, the private sector, and other organizations with emergency
response capabilities--
``(1) to communicate with each other in the event of an
emergency;
``(2) to have appropriate and timely access to the Information
Sharing Environment described in section 1016 of the National
Security Intelligence Reform Act of 2004 (6 U.S.C. 321); and
``(3) to be consistent with any applicable State or Urban Area
homeland strategy or plan.
``SEC. 1808. DEFINITION.
``In this title, the term `interoperable' has the meaning given the
term `interoperable communications' under section 7303(g)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(g)(1)).''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
adding at the end the following:
``TITLE XVIII--EMERGENCY COMMUNICATIONS
``Sec. 1801. Office for Emergency Communications.
``Sec. 1802. National Emergency Communications Plan.
``Sec. 1803. Assessments and reports.
``Sec. 1804. Coordination of Federal emergency communications grant
programs.
``Sec. 1805. Regional emergency communications coordination.
``Sec. 1806. Emergency Communications Preparedness Center.
``Sec. 1807. Urban and other high risk area communications capabilities.
``Sec. 1808. Definition.''.
SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.
``(a) Clarification of Responsibilities.--The Director of the
Office for Interoperability and Compatibility shall--
``(1) assist the Secretary in developing and implementing the
science and technology aspects of the program described in
subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1));
``(2) in coordination with the Federal Communications
Commission, the National Institute of Standards and Technology, and
other Federal departments and agencies with responsibility for
standards, support the creation of national voluntary consensus
standards for interoperable emergency communications;
``(3) establish a comprehensive research, development, testing,
and evaluation program for improving interoperable emergency
communications;
``(4) establish, in coordination with the Director for
Emergency Communications, requirements for interoperable emergency
communications capabilities, which shall be nonproprietary where
standards for such capabilities exist, for all public safety radio
and data communications systems and equipment purchased using
homeland security assistance administered by the Department,
excluding any alert and warning device, technology, or system;
``(5) carry out the Department's responsibilities and
authorities relating to research, development, testing, evaluation,
or standards-related elements of the SAFECOM Program;
``(6) evaluate and assess new technology in real-world
environments to achieve interoperable emergency communications
capabilities;
``(7) encourage more efficient use of existing resources,
including equipment, to achieve interoperable emergency
communications capabilities;
``(8) test public safety communications systems that are less
prone to failure, support new nonvoice services, use spectrum more
efficiently, and cost less than existing systems;
``(9) coordinate with the private sector to develop solutions
to improve emergency communications capabilities and achieve
interoperable emergency communications capabilities; and
``(10) conduct pilot projects, in coordination with the
Director for Emergency Communications, to test and demonstrate
technologies, including data and video, that enhance--
``(A) the ability of emergency response providers and
relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other man-
made disasters; and
``(B) interoperable emergency communications capabilities.
``(b) Coordination.--The Director of the Office for
Interoperability and Compatibility shall coordinate with the Director
for Emergency Communications with respect to the SAFECOM program.
``(c) Sufficiency of Resources.--The Secretary shall provide the
Office for Interoperability and Compatibility the resources and staff
necessary to carry out the responsibilities under this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 313 the following:
``Sec. 314. Office for Interoperability and Compatibility.''.
SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.), as amended by this Act, is amended by adding at
the end the following:
``SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and Technology,
acting through the Director of the Office for Interoperability and
Compatibility, shall establish a comprehensive research and development
program to support and promote--
``(1) the ability of emergency response providers and relevant
government officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-made disasters;
and
``(2) interoperable emergency communications capabilities among
emergency response providers and relevant government officials,
including by--
``(A) supporting research on a competitive basis, including
through the Directorate of Science and Technology and Homeland
Security Advanced Research Projects Agency; and
``(B) considering the establishment of a Center of
Excellence under the Department of Homeland Security Centers of
Excellence Program focused on improving emergency response
providers' communication capabilities.
``(b) Purposes.--The purposes of the program established under
subsection (a) include--
``(1) supporting research, development, testing, and evaluation
on emergency communication capabilities;
``(2) understanding the strengths and weaknesses of the public
safety communications systems in use;
``(3) examining how current and emerging technology can make
emergency response providers more effective, and how Federal,
State, local, and tribal government agencies can use this
technology in a coherent and cost-effective manner;
``(4) investigating technologies that could lead to long-term
advancements in emergency communications capabilities and
supporting research on advanced technologies and potential systemic
changes to dramatically improve emergency communications; and
``(5) evaluating and validating advanced technology concepts,
and facilitating the development and deployment of interoperable
emergency communication capabilities.
``(c) Definitions.--For purposes of this section, the term
`interoperable', with respect to emergency communications, has the
meaning given the term in section 1808.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 314, as added by this Act,
the following:
``Sec. 315. Emergency communications interoperability research and
development.''.
SEC. 674. 911 AND E911 SERVICES REPORT.
Not later than 180 days after the date of enactment of this Act,
the Chairman of the Federal Communications Commission shall submit a
report to Congress on the status of efforts of State, local, and tribal
governments to develop plans for rerouting 911 and E911 services in the
event that public safety answering points are disabled during natural
disasters, acts of terrorism, and other man-made disasters.
SEC. 675. SAVINGS CLAUSE.
Nothing in this subtitle shall be construed to transfer to the
Office of Emergency Communications any function, personnel, asset,
component, authority, grant program, or liability of the Federal
Emergency Management Agency as constituted on June 1, 2006.
Subtitle E--Stafford Act Amendments
SEC. 681. GENERAL FEDERAL ASSISTANCE.
(a) Major Disasters.--Section 402 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is
amended--
(1) in paragraph (1), by striking ``efforts'' and inserting
``response or recovery efforts, including precautionary
evacuations'';
(2) in paragraph (2), by striking the semicolon and inserting
``, including precautionary evacuations and recovery;'';
(3) in paragraph (3)--
(A) in subparagraph (D), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(F) recovery activities, including disaster impact
assessments and planning;'';
(4) in paragraph (4), by striking the period and inserting ``;
and''; and
(5) by adding at the end the following:
``(5) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering, or
mitigate severe damage, which may be provided in the absence of a
specific request and in which case the President--
``(A) shall, to the fullest extent practicable, promptly
notify and coordinate with officials in a State in which such
assistance or support is provided; and
``(B) shall not, in notifying and coordinating with a State
under subparagraph (A), delay or impede the rapid deployment,
use, and distribution of critical resources to victims of a
major disaster.''.
(b) Emergencies.--Section 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5192) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking the semicolon and
inserting ``, including precautionary evacuations;'';
(B) in paragraph (6), by striking ``and'' after the
semicolon;
(C) in paragraph (7), by striking the period and inserting
``; and''; and
(D) by adding at the end the following:
``(8) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering, or
mitigate severe damage, which may be provided in the absence of a
specific request and in which case the President--
``(A) shall, to the fullest extent practicable, promptly
notify and coordinate with a State in which such assistance or
support is provided; and
``(B) shall not, in notifying and coordinating with a State
under subparagraph (A), delay or impede the rapid deployment,
use, and distribution of critical resources to victims of an
emergency.'';
(2) in subsection (b), by striking the period and inserting ``,
including precautionary evacuations.''; and
(3) by adding at the end the following:
``(c) Guidelines.--The President shall promulgate and maintain
guidelines to assist Governors in requesting the declaration of an
emergency in advance of a natural or man-made disaster (including for
the purpose of seeking assistance with special needs and other
evacuation efforts) under this section by defining the types of
assistance available to affected States and the circumstances under
which such requests are likely to be approved.''.
SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.
(a) In General.--The Administrator, in coordination with the
Secretary of Housing and Urban Development, the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of the Treasury, the Secretary of
Transportation, the Administrator of the Small Business Administration,
the Assistant Secretary for Indian Affairs of the Department of the
Interior, and the heads of other appropriate Federal agencies, State,
local, and tribal government officials (including through the National
Advisory Council), and representatives of appropriate nongovernmental
organizations shall develop, coordinate, and maintain a National
Disaster Recovery Strategy to serve as a guide to recovery efforts
after major disasters and emergencies.
(b) Contents.--The National Disaster Recovery Strategy shall--
(1) outline the most efficient and cost-effective Federal
programs that will meet the recovery needs of States, local and
tribal governments, and individuals and households affected by a
major disaster;
(2) clearly define the role, programs, authorities, and
responsibilities of each Federal agency that may be of assistance
in providing assistance in the recovery from a major disaster;
(3) promote the use of the most appropriate and cost-effective
building materials (based on the hazards present in an area) in any
area affected by a major disaster, with the goal of encouraging the
construction of disaster-resistant buildings; and
(4) describe in detail the programs that may be offered by the
agencies described in paragraph (2), including--
(A) discussing funding issues;
(B) detailing how responsibilities under the National
Disaster Recovery Strategy will be shared; and
(C) addressing other matters concerning the cooperative
effort to provide recovery assistance.
(c) Report.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing in detail
the National Disaster Recovery Strategy and any additional
authorities necessary to implement any portion of the National
Disaster Recovery Strategy.
(2) Update.--The Administrator shall submit to the appropriate
committees of Congress a report updating the report submitted under
paragraph (1)--
(A) on the same date that any change is made to the
National Disaster Recovery Strategy; and
(B) on a periodic basis after the submission of the report
under paragraph (1), but not less than once every 5 years after
the date of the submission of the report under paragraph (1).
SEC. 683. NATIONAL DISASTER HOUSING STRATEGY.
(a) In General.--The Administrator, in coordination with
representatives of the Federal agencies, governments, and organizations
listed in subsection (b)(2) of this section, the National Advisory
Council, the National Council on Disability, and other entities at the
Administrator's discretion, shall develop, coordinate, and maintain a
National Disaster Housing Strategy.
(b) Contents.--The National Disaster Housing Strategy shall--
(1) outline the most efficient and cost effective Federal
programs that will best meet the short-term and long-term housing
needs of individuals and households affected by a major disaster;
(2) clearly define the role, programs, authorities, and
responsibilities of each entity in providing housing assistance in
the event of a major disaster, including--
(A) the Agency;
(B) the Department of Housing and Urban Development;
(C) the Department of Agriculture;
(D) the Department of Veterans Affairs;
(E) the Department of Health and Human Services;
(F) the Bureau of Indian Affairs;
(G) any other Federal agency that may provide housing
assistance in the event of a major disaster;
(H) the American Red Cross; and
(I) State, local, and tribal governments;
(3) describe in detail the programs that may be offered by the
entities described in paragraph (2), including--
(A) outlining any funding issues;
(B) detailing how responsibilities under the National
Disaster Housing Strategy will be shared; and
(C) addressing other matters concerning the cooperative
effort to provide housing assistance during a major disaster;
(4) consider methods through which housing assistance can be
provided to individuals and households where employment and other
resources for living are available;
(5) describe programs directed to meet the needs of special
needs and low-income populations and ensure that a sufficient
number of housing units are provided for individuals with
disabilities;
(6) describe plans for the operation of clusters of housing
provided to individuals and households, including access to public
services, site management, security, and site density;
(7) describe plans for promoting the repair or rehabilitation
of existing rental housing, including through lease agreements or
other means, in order to improve the provision of housing to
individuals and households under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(8) describe any additional authorities necessary to carry out
any portion of the strategy.
(c) Guidance.--The Administrator should develop and make publicly
available guidance on--
(1) types of housing assistance available under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) to individuals and households affected by an
emergency or major disaster;
(2) eligibility for such assistance (including, where
appropriate, the continuation of such assistance); and
(3) application procedures for such assistance.
(d) Report.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing in detail
the National Disaster Housing Strategy, including programs directed
to meeting the needs of special needs populations.
(2) Updated report.--The Administrator shall submit to the
appropriate committees of Congress a report updating the report
submitted under paragraph (1)--
(A) on the same date that any change is made to the
National Disaster Housing Strategy; and
(B) on a periodic basis after the submission of the report
under paragraph (1), but not less than once every 5 years after
the date of the submission of the report under paragraph (1).
SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.
The third sentence of section 404(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is
amended by striking ``7.5 percent'' and inserting ``15 percent for
amounts not more than $2,000,000,000, 10 percent for amounts of more
than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent
on amounts of more than $10,000,000,000 and not more than
$35,333,000,000''.
SEC. 685. HOUSING ASSISTANCE.
Section 408(c)(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) by inserting ``or semi-permanent'' after ``permanent''; and
(2) by striking ``remote''.
SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.
Section 408(c) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--
(1) by striking paragraph (2)(C); and
(2) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
SEC. 687. COORDINATING OFFICERS.
Section 302 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)) is amended by adding after
subsection (c) the following:
``(d) Where the area affected by a major disaster or emergency
includes parts of more than 1 State, the President, at the discretion
of the President, may appoint a single Federal coordinating officer for
the entire affected area, and may appoint such deputy Federal
coordinating officers to assist the Federal coordinating officer as the
President determines appropriate.''.
SEC. 688. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) by amending paragraph (9) to read as follows:
``(9) Private nonprofit facility.--
``(A) In general.--The term `private nonprofit facility'
means private nonprofit educational, utility, irrigation,
emergency, medical, rehabilitational, and temporary or
permanent custodial care facilities (including those for the
aged and disabled) and facilities on Indian reservations, as
defined by the President.
``(B) Additional facilities.--In addition to the facilities
described in subparagraph (A), the term `private nonprofit
facility' includes any private nonprofit facility that provides
essential services of a governmental nature to the general
public (including museums, zoos, performing arts facilities,
community arts centers, libraries, homeless shelters, senior
citizen centers, rehabilitation facilities, shelter workshops,
and facilities that provide health and safety services of a
governmental nature), as defined by the President.'';
(2) by redesignating paragraphs (6) through (9) as paragraphs
(7) through (10), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Individual with a disability.--The term `individual with
a disability' means an individual with a disability as defined in
section 3(2) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102(2)).''.
SEC. 689. INDIVIDUALS WITH DISABILITIES.
(a) Guidelines.--Not later than 90 days after the date of enactment
of this Act, and in coordination with the National Advisory Council,
the National Council on Disability, the Interagency Coordinating
Council on Preparedness and Individuals With Disabilities established
under Executive Order 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), the Administrator shall develop
guidelines to accommodate individuals with disabilities, which shall
include guidelines for--
(1) the accessibility of, and communications and programs in,
shelters, recovery centers, and other facilities; and
(2) devices used in connection with disaster operations,
including first aid stations, mass feeding areas, portable payphone
stations, portable toilets, and temporary housing.
(b) Essential Assistance.--Section 403(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is
amended--
(1) in paragraph (2), by inserting ``durable medical
equipment,'' after ``medicine''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting ``durable medical
equipment,'' after ``medicine'';
(B) in subparagraph (H), by striking ``and'' at the end;
(C) in subparagraph (I), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(J) provision of rescue, care, shelter, and essential
needs--
``(i) to individuals with household pets and service
animals; and
``(ii) to such pets and animals.''.
(c) Federal Assistance to Individuals and Households.--Section 408
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174) is amended--
(1) in subsection (b)(1), by inserting ``, or with respect to
individuals with disabilities, rendered inaccessible or
uninhabitable,'' after ``uninhabitable''; and
(2) in subsection (d)(1)(A)--
(A) in clause (i), by striking ``and'' after the semicolon;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
``(ii) meets the physical accessibility requirements
for individuals with disabilities; and''.
SEC. 689A. NONDISCRIMINATION IN DISASTER ASSISTANCE.
Section 308(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by inserting
``disability, English proficiency,'' after ``age,''.
SEC. 689B. REUNIFICATION.
(a) Definitions.--In this section:
(1) Child locator center.--The term ``Child Locator Center''
means the National Emergency Child Locator Center established under
subsection (b).
(2) Declared event.--The term ``declared event'' means a major
disaster or emergency.
(3) Displaced adult.--The term ``displaced adult'' means an
individual 21 years of age or older who is displaced from the
habitual residence of that individual as a result of a declared
event.
(4) Displaced child.--The term ``displaced child'' means an
individual under 21 years of age who is displaced from the habitual
residence of that individual as a result of a declared event.
(b) National Emergency Child Locator Center.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with the
Attorney General of the United States, shall establish within the
National Center for Missing and Exploited Children the National
Emergency Child Locator Center. In establishing the National
Emergency Child Locator Center, the Administrator shall establish
procedures to make all relevant information available to the
National Emergency Child Locator Center in a timely manner to
facilitate the expeditious identification and reunification of
children with their families.
(2) Purposes.--The purposes of the Child Locator Center are
to--
(A) enable individuals to provide to the Child Locator
Center the name of and other identifying information about a
displaced child or a displaced adult who may have information
about the location of a displaced child;
(B) enable individuals to receive information about other
sources of information about displaced children and displaced
adults; and
(C) assist law enforcement in locating displaced children.
(3) Responsibilities and duties.--The responsibilities and
duties of the Child Locator Center are to--
(A) establish a toll-free telephone number to receive
reports of displaced children and information about displaced
adults that may assist in locating displaced children;
(B) create a website to provide information about displaced
children;
(C) deploy its staff to the location of a declared event to
gather information about displaced children;
(D) assist in the reunification of displaced children with
their families;
(E) provide information to the public about additional
resources for disaster assistance;
(F) work in partnership with Federal, State, and local law
enforcement agencies;
(G) provide technical assistance in locating displaced
children;
(H) share information on displaced children and displaced
adults with governmental agencies and nongovernmental
organizations providing disaster assistance;
(I) use its resources to gather information about displaced
children;
(J) refer reports of displaced adults to--
(i) an entity designated by the Attorney General to
provide technical assistance in locating displaced adults;
and
(ii) the National Emergency Family Registry and Locator
System as defined under section 689c(a);
(K) enter into cooperative agreements with Federal and
State agencies and other organizations such as the American Red
Cross as necessary to implement the mission of the Child
Locator Center; and
(L) develop an emergency response plan to prepare for the
activation of the Child Locator Center.
(c) Conforming Amendments.--Section 403(1) of the Missing
Children's Assistance Act (42 U.S.C. 5772(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by adding ``or'' after the semicolon;
and
(3) by inserting after subparagraph (B) the following:
``(C) the individual is an individual under 21 years of age
who is displaced from the habitual residence of that individual
as a result of an emergency or major disaster (as those terms
are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)).''.
(d) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on the Judiciary of
the Senate and the Committee on Transportation and Infrastructure and
the Committee on the Judiciary of the House of Representatives a report
describing in detail the status of the Child Locator Center, including
funding issues and any difficulties or issues in establishing the
Center or completing the cooperative agreements described in subsection
(b)(3)(K).
SEC. 689C. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR SYSTEM.
(a) Definitions.--In this section--
(1) the term ``displaced individual'' means an individual
displaced by an emergency or major disaster; and
(2) the term ``National Emergency Family Registry and Locator
System'' means the National Emergency Family Registry and Locator
System established under subsection (b).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a National
Emergency Family Registry and Locator System to help reunify families
separated after an emergency or major disaster.
(c) Operation of System.--The National Emergency Family Registry
and Locator System shall--
(1) allow a displaced adult (including medical patients) to
voluntarily register (and allow an adult that is the parent or
guardian of a displaced child to register such child), by
submitting personal information to be entered into a database (such
as the name, current location of residence, and any other relevant
information that could be used by others seeking to locate that
individual);
(2) ensure that information submitted under paragraph (1) is
accessible to those individuals named by a displaced individual and
to those law enforcement officials;
(3) be accessible through the Internet and through a toll-free
number, to receive reports of displaced individuals; and
(4) include a means of referring displaced children to the
National Emergency Child Locator Center established under section
689b.
(d) Publication of Information.--Not later than 210 days after the
date of enactment of this Act, the Administrator shall establish a
mechanism to inform the public about the National Emergency Family
Registry and Locator System and its potential usefulness for assisting
to reunite displaced individuals with their families.
(e) Coordination.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall enter a memorandum of
understanding with the Department of Justice, the National Center for
Missing and Exploited Children, the Department of Health and Human
Services, and the American Red Cross and other relevant private
organizations that will enhance the sharing of information to
facilitate reuniting displaced individuals (including medical patients)
with their families.
(f) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report describing in detail the status of the National
Emergency Family Registry and Locator System, including any
difficulties or issues in establishing the System, including funding
issues.
SEC. 689D. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(c)(1)(A) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) is amended--
(1) in clause (i), by adding at the end the following: ``Such
assistance may include the payment of the cost of utilities,
excluding telephone service.''; and
(2) in clause (ii), by inserting ``security deposits,'' after
``hookups,''.
SEC. 689E. DISASTER RELATED INFORMATION SERVICES.
Subtitle A of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended by
adding at the end the following:
``SEC. 616. DISASTER RELATED INFORMATION SERVICES.
``(a) In General.--Consistent with section 308(a), the Director of
Federal Emergency Management Agency shall--
``(1) identify, in coordination with State and local
governments, population groups with limited English proficiency and
take into account such groups in planning for an emergency or major
disaster;
``(2) ensure that information made available to individuals
affected by a major disaster or emergency is made available in
formats that can be understood by--
``(A) population groups identified under paragraph (1); and
``(B) individuals with disabilities or other special needs;
and
``(3) develop and maintain an informational clearinghouse of
model language assistance programs and best practices for State and
local governments in providing services related to a major disaster
or emergency.
``(b) Group Size.--For purposes of subsection (a), the Director of
Federal Emergency Management Agency shall define the size of a
population group.''.
SEC. 689F. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT SERVICES TO
INDIVIDUALS AND HOUSEHOLDS.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.), is amended by adding at the
end the following:
``SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
``The President may provide transportation assistance to relocate
individuals displaced from their predisaster primary residences as a
result of an incident declared under this Act or otherwise transported
from their predisaster primary residences under section 403(a)(3) or
502, to and from alternative locations for short or long-term
accommodation or to return an individual or household to their
predisaster primary residence or alternative location, as determined
necessary by the President.
``SEC. 426. CASE MANAGEMENT SERVICES.
``The President may provide case management services, including
financial assistance, to State or local government agencies or
qualified private organizations to provide such services, to victims of
major disasters to identify and address unmet needs.''.
SEC. 689G. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (15 U.S.C. 5141 et seq.) is amended
by adding at the end the following:
``SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
``(a) In General.--The President shall designate in the Federal
Emergency Management Agency a Small State and Rural Advocate.
``(b) Responsibilities.--The Small State and Rural Advocate shall
be an advocate for the fair treatment of small States and rural
communities in the provision of assistance under this Act.
``(c) Duties.--The Small State and Rural Advocate shall--
``(1) participate in the disaster declaration process under
section 401 and the emergency declaration process under section
501, to ensure that the needs of rural communities are being
addressed;
``(2) assist small population States in the preparation of
requests for major disaster or emergency declarations; and
``(3) conduct such other activities as the Director of the
Federal Emergency Management Agency considers appropriate.''.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report detailing the extent to
which disaster declaration regulations--
(1) meet the particular needs of States with populations of
less than 1,500,000 individuals; and
(2) comply with statutory restrictions on the use of arithmetic
formulas and sliding scales based on income or population.
(c) Statutory Construction.--Nothing in this section or the
amendments made by this section shall be construed to authorize major
disaster or emergency assistance that is not authorized as of the date
of enactment of this Act.
SEC. 689H. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED PRIVATE
NONPROFIT EDUCATIONAL FACILITIES.
Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended by
inserting ``education,'' after ``communications,''.
SEC. 689I. INDIVIDUALS AND HOUSEHOLDS PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The President, acting through the
Administrator, in coordination with State, local, and tribal
governments, shall establish and conduct a pilot program. The pilot
program shall be designed to make better use of existing rental
housing, located in areas covered by a major disaster declaration,
in order to provide timely and cost-effective temporary housing
assistance to individuals and households eligible for assistance
under section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) where alternative housing
options are less available or less cost-effective.
(2) Administration.--
(A) In general.--For the purposes of the pilot program
under this section, the Administrator may--
(i) enter into lease agreements with owners of multi-
family rental property located in areas covered by a major
disaster declaration to house individuals and households
eligible for assistance under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174);
(ii) make improvements to properties under such lease
agreements;
(iii) use the pilot program where the program is cost
effective in that the cost to the Government for the lease
agreements is in proportion to the savings to the
Government by not providing alternative housing; and
(iv) limit repairs to those required to ensure that the
housing units shall meet Federal housing quality standards.
(B) Improvements to leased properties.--Under the terms of
any lease agreement for a property described under subparagraph
(A)(ii), the value of the contribution of the Agency to such
improvements--
(i) shall be deducted from the value of the lease
agreement; and
(ii) may not exceed the value of the lease agreement.
(3) Consultation.--In administering the pilot program under
this section, the Administrator may consult with State, local, and
tribal governments.
(4) Report.--
(A) In general.--Not later than March 31, 2009, the
Administrator shall submit to the appropriate committees of
Congress a report regarding the effectiveness of the pilot
program.
(B) Contents.--The Administrator shall include in the
report--
(i) an assessment of the effectiveness of the pilot
program under this section, including an assessment of
cost-savings to the Federal Government and any benefits to
individuals and households eligible for assistance under
section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) under the pilot
program;
(ii) findings and conclusions of the Administrator with
respect to the pilot program;
(iii) an assessment of additional authorities needed to
aid the Agency in its mission of providing disaster housing
assistance to individuals and households eligible for
assistance under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174), either under the pilot program under this section or
other potential housing programs; and
(iv) any recommendations of the Administrator for
additional authority to continue or make permanent the
pilot program.
(b) Pilot Program Project Approval.--The Administrator shall not
approve a project under the pilot program after December 31, 2008.
SEC. 689J. PUBLIC ASSISTANCE PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The President, acting through the
Administrator, and in coordination with State and local
governments, shall establish and conduct a pilot program to--
(A) reduce the costs to the Federal Government of providing
assistance to States and local governments under sections
403(a)(3)(A), 406, and 407 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 1570b(a)(3),
5172, 5172);
(B) increase flexibility in the administration of sections
403(a)(3)(A), 406, and 407 of that Act; and
(C) expedite the provision of assistance to States and
local governments provided under sections 403(a)(3)(A), 406,
and 407 of that Act.
(2) Participation.--Only States and local governments that
elect to participate in the pilot program may participate in the
pilot program for a particular project.
(3) Innovative administration.--
(A) In general.--For purposes of the pilot program, the
Administrator shall establish new procedures to administer
assistance provided under the sections referred to in paragraph
(1).
(B) New procedures.--The new procedures established under
subparagraph (A) may include 1 or more of the following:
(i) Notwithstanding section 406(c)(1)(A) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 1571(c)(1)(A)), providing an option for a State
or local government to elect to receive an in-lieu
contribution in an amount equal to 90 percent of the
Federal share of the Federal estimate of the cost of
repair, restoration, reconstruction, or replacement of a
public facility owned or controlled by the State or local
government and of management expenses.
(ii) Making grants on the basis of estimates agreed to
by the local government (or where no local government is
involved, by the State government) and the Administrator to
provide financial incentives and disincentives for the
local government (or where no local government is involved,
for the State government) for the timely or cost effective
completion of projects under sections 403(a)(3)(A), 406,
and 407 of that Act.
(iii) Increasing the Federal share for removal of
debris and wreckage for States and local governments that
have a debris management plan approved by the Administrator
and have pre-qualified 1 or more debris and wreckage
removal contractors before the date of declaration of the
major disaster.
(iv) Using a sliding scale for the Federal share for
removal of debris and wreckage based on the time it takes
to complete debris and wreckage removal.
(v) Using a financial incentive to recycle debris.
(vi) Reimbursing base wages for employees and extra
hires of a State or local government involved in or
administering debris and wreckage removal.
(4) Waiver.--The Administrator may waive such regulations or
rules applicable to the provisions of assistance under the sections
referred to in paragraph (1) as the Administrator determines are
necessary to carry out the pilot program under this section.
(b) Report.--
(1) In general.--Not later than March 31, 2009, the
Administrator shall submit to the appropriate committees of
Congress a report regarding the effectiveness of the pilot program
under this section.
(2) Contents.--The report submitted under paragraph (1) shall
include--
(A) an assessment by the Administrator of any
administrative or financial benefits of the pilot program;
(B) an assessment by the Administrator of the effect,
including any savings in time and cost, of the pilot program;
(C) any identified legal or other obstacles to increasing
the amount of debris recycled after a major disaster;
(D) any other findings and conclusions of the Administrator
with respect to the pilot program; and
(E) any recommendations of the Administrator for additional
authority to continue or make permanent the pilot program.
(c) Deadline for Initiation of Implementation.--The Administrator
shall initiate implementation of the pilot program under this section
not later than 90 days after the date of enactment of this Act.
(d) Pilot Program Project Duration.--The Administrator may not
approve a project under the pilot program under this section after
December 31, 2008.
SEC. 689K. DISPOSAL OF UNUSED TEMPORARY HOUSING UNITS.
(a) In General.--Notwithstanding section 408(d)(2)(B) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(d)(2)(B)), if the Administrator authorizes the disposal of an
unused temporary housing unit that is owned by the Agency on the date
of enactment of this Act and is not used to house individuals or
households under section 408 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174) after that date, such
unit shall be disposed of under subchapter III of chapter 5 of subtitle
I of title 40, United States Code.
(b) Tribal Governments.--Housing units described in subsection (a)
shall be disposed of in coordination with the Department of the
Interior or other appropriate agencies in order to transfer such units
to tribal governments if appropriate.
Subtitle F--Prevention of Fraud, Waste, and Abuse
SEC. 691. ADVANCE CONTRACTING.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a report
under paragraph (2) identifying--
(A) recurring disaster response requirements, including
specific goods and services, for which the Agency is capable of
contracting for in advance of a natural disaster or act of
terrorism or other man-made disaster in a cost effective
manner;
(B) recurring disaster response requirements, including
specific goods and services, for which the Agency can not
contract in advance of a natural disaster or act of terrorism
or other man-made disaster in a cost effective manner; and
(C) a contracting strategy that maximizes the use of
advance contracts to the extent practical and cost-effective.
(2) Submission.--The report under paragraph (1) shall be
submitted to the appropriate committees of Congress.
(b) Entering Into Contracts.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall enter into 1 or more
contracts for each type of goods or services identified under
subsection (a)(1)(A), and in accordance with the contracting
strategy identified in subsection (a)(1)(C). Any contract for goods
or services identified in subsection (a)(1)(A) previously awarded
may be maintained in fulfilling this requirement.
(2) Considered factors.--Before entering into any contract
under this subsection, the Administrator shall consider section 307
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5150), as amended by this Act.
(3) Prenegotiated federal contracts for goods and services.--
The Administrator, in coordination with State and local governments
and other Federal agencies, shall establish a process to ensure
that Federal prenegotiated contracts for goods and services are
coordinated with State and local governments, as appropriate.
(4) Prenegotiated state and local contracts for goods and
services.--The Administrator shall encourage State and local
governments to establish prenegotiated contracts with vendors for
goods and services in advance of natural disasters and acts of
terrorism or other man-made disasters.
(c) Maintenance of Contracts.--After the date described under
subsection (b), the Administrator shall have the responsibility to
maintain contracts for appropriate levels of goods and services in
accordance with subsection (a)(1)(C).
(d) Report on Contracts Not Using Competitive Procedures.--At the
end of each fiscal quarter, beginning with the first fiscal quarter
occurring at least 90 days after the date of enactment of this Act, the
Administrator shall submit a report on each disaster assistance
contract entered into by the Agency by other than competitive
procedures to the appropriate committees of Congress.
SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
(a) Regulations.--The Secretary shall promulgate regulations
applicable to contracts described in subsection (c) to minimize the
excessive use by contractors of subcontractors or tiers of
subcontractors to perform the principal work of the contract.
(b) Specific Requirement.--At a minimum, the regulations
promulgated under subsection (a) shall preclude a contractor from using
subcontracts for more than 65 percent of the cost of the contract or
the cost of any individual task or delivery order (not including
overhead and profit), unless the Secretary determines that such
requirement is not feasible or practicable.
(c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount
greater than the simplified acquisition threshold (as defined by
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403)) entered into by the Department to facilitate response to or
recovery from a natural disaster or act of terrorism or other man-made
disaster.
SEC. 693. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER
EXPENDITURES.
(a) Authority of Administrator to Designate Funds for Oversight
Activities.--The Administrator may designate up to 1 percent of the
total amount provided to a Federal agency for a mission assignment as
oversight funds to be used by the recipient agency for performing
oversight of activities carried out under the Agency reimbursable
mission assignment process. Such funds shall remain available until
expended.
(b) Use of Funds.--
(1) Types of oversight activities.--Oversight funds may be used
for the following types of oversight activities related to Agency
mission assignments:
(A) Monitoring, tracking, and auditing expenditures of
funds.
(B) Ensuring that sufficient management and internal
control mechanisms are available so that Agency funds are spent
appropriately and in accordance with all applicable laws and
regulations.
(C) Reviewing selected contracts and other activities.
(D) Investigating allegations of fraud involving Agency
funds.
(E) Conducting and participating in fraud prevention
activities with other Federal, State, and local government
personnel and contractors.
(2) Plans and reports.--Oversight funds may be used to issue
the plans required under subsection (e) and the reports required
under subsection (f).
(c) Restriction on Use of Funds.--Oversight funds may not be used
to finance existing agency oversight responsibilities related to direct
agency appropriations used for disaster response, relief, and recovery
activities.
(d) Methods of Oversight Activities.--
(1) In general.--Oversight activities may be carried out by an
agency under this section either directly or by contract. Such
activities may include evaluations and financial and performance
audits.
(2) Coordination of oversight activities.--To the extent
practicable, evaluations and audits under this section shall be
performed by the inspector general of the agency.
(e) Development of Oversight Plans.--
(1) In general.--If an agency receives oversight funds for a
fiscal year, the head of the agency shall prepare a plan describing
the oversight activities for disaster response, relief, and
recovery anticipated to be undertaken during the subsequent fiscal
year.
(2) Selection of oversight activities.--In preparing the plan,
the head of the agency shall select oversight activities based upon
a risk assessment of those areas that present the greatest risk of
fraud, waste, and abuse.
(3) Schedule.--The plan shall include a schedule for conducting
oversight activities, including anticipated dates of completion.
(f) Federal Disaster Assistance Accountability Reports.--A Federal
agency receiving oversight funds under this section shall submit
annually to the Administrator and the appropriate committees of
Congress a consolidated report regarding the use of such funds,
including information summarizing oversight activities and the results
achieved.
(g) Definition.--In this section, the term ``oversight funds''
means funds referred to in subsection (a) that are designated for use
in performing oversight activities.
SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) is amended by striking section 307 and
inserting the following:
``SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.
``(a) Contracts or Agreements With Private Entities.--
``(1) In general.--In the expenditure of Federal funds for
debris clearance, distribution of supplies, reconstruction, and
other major disaster or emergency assistance activities which may
be carried out by contract or agreement with private organizations,
firms, or individuals, preference shall be given, to the extent
feasible and practicable, to those organizations, firms, and
individuals residing or doing business primarily in the area
affected by such major disaster or emergency.
``(2) Construction.--This subsection shall not be considered to
restrict the use of Department of Defense resources under this Act
in the provision of assistance in a major disaster.
``(3) Specific geographic area.--In carrying out this section,
a contract or agreement may be set aside for award based on a
specific geographic area.
``(b) Implementation.--
``(1) Contracts not to entities in area.--Any expenditure of
Federal funds for debris clearance, distribution of supplies,
reconstruction, and other major disaster or emergency assistance
activities which may be carried out by contract or agreement with
private organizations, firms, or individuals, not awarded to an
organization, firm, or individual residing or doing business
primarily in the area affected by such major disaster shall be
justified in writing in the contract file.
``(2) Transition.--Following the declaration of an emergency or
major disaster, an agency performing response, relief, and
reconstruction activities shall transition work performed under
contracts in effect on the date on which the President declares the
emergency or major disaster to organizations, firms, and
individuals residing or doing business primarily in any area
affected by the major disaster or emergency, unless the head of
such agency determines that it is not feasible or practicable to do
so.
``(c) Prior Contracts.--Nothing in this section shall be construed
to require any Federal agency to breach or renegotiate any contract in
effect before the occurrence of a major disaster or emergency.''.
SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.
(a) Regulations.--The Secretary shall promulgate regulations
applicable to contracts described in subsection (c) to restrict the
contract period of any such contract entered into using procedures
other than competitive procedures pursuant to the exception provided in
paragraph (2) of section 303(c) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum
contract period necessary--
(1) to meet the urgent and compelling requirements of the work
to be performed under the contract; and
(2) to enter into another contract for the required goods or
services through the use of competitive procedures.
(b) Specific Contract Period.--The regulations promulgated under
subsection (a) shall require the contract period to not to exceed 150
days, unless the Secretary determines that exceptional circumstances
apply.
(c) Covered Contracts.--This section applies to any contract in an
amount greater than the simplified acquisition threshold (as defined by
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403)) entered into by the Department to facilitate response to or
recovery from a natural disaster, act of terrorism, or other man-made
disaster.
SEC. 696. FRAUD, WASTE, AND ABUSE CONTROLS.
(a) In General.--The Administrator shall ensure that--
(1) all programs within the Agency administering Federal
disaster relief assistance develop and maintain proper internal
management controls to prevent and detect fraud, waste, and abuse;
(2) application databases used by the Agency to collect
information on eligible recipients must record disbursements;
(3) such tracking is designed to highlight and identify
ineligible applications; and
(4) the databases used to collect information from applications
for such assistance must be integrated with disbursements and
payment records.
(b) Audits and Reviews Required.--The Administrator shall ensure
that any database or similar application processing system for Federal
disaster relief assistance programs administered by the Agency
undergoes a review by the Inspector General of the Agency to determine
the existence and implementation of such internal controls required
under this section and the amendments made by this section.
(c) Verification Measures for Individuals and Households Program.--
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Verification Measures.--In carrying out this section, the
President shall develop a system, including an electronic database,
that shall allow the President, or the designee of the President, to--
``(1) verify the identity and address of recipients of
assistance under this section to provide reasonable assurance that
payments are made only to an individual or household that is
eligible for such assistance;
``(2) minimize the risk of making duplicative payments or
payments for fraudulent claims under this section;
``(3) collect any duplicate payment on a claim under this
section, or reduce the amount of subsequent payments to offset the
amount of any such duplicate payment;
``(4) provide instructions to recipients of assistance under
this section regarding the proper use of any such assistance,
regardless of how such assistance is distributed; and
``(5) conduct an expedited and simplified review and appeal
process for an individual or household whose application for
assistance under this section is denied.''.
SEC. 697. REGISTRY OF DISASTER RESPONSE CONTRACTORS.
(a) Definitions.--In this section--
(1) the term ``registry'' means the registry created under
subsection (b); and
(2) the terms ``small business concern'', ``small business
concern owned and controlled by socially and economically
disadvantaged individuals'', ``small business concern owned and
controlled by women'', and ``small business concern owned and
controlled by service-disabled veterans'' have the meanings given
those terms under the Small Business Act (15 U.S.C. 631 et seq.).
(b) Registry.--
(1) In general.--The Administrator shall establish and maintain
a registry of contractors who are willing to perform debris
removal, distribution of supplies, reconstruction, and other
disaster or emergency relief activities.
(2) Contents.--The registry shall include, for each business
concern--
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business concern;
(D) the type of good or service provided by the business
concern;
(E) the bonding level of the business concern; and
(F) whether the business concern is--
(i) a small business concern;
(ii) a small business concern owned and controlled by
socially and economically disadvantaged individuals;
(iii) a small business concern owned and controlled by
women; or
(iv) a small business concern owned and controlled by
service-disabled veterans.
(3) Source of information.--
(A) Submission.--Information maintained in the registry
shall be submitted on a voluntary basis and be kept current by
the submitting business concerns.
(B) Attestation.--Each business concern submitting
information to the registry shall submit--
(i) an attestation that the information is true; and
(ii) documentation supporting such attestation.
(C) Verification.--The Administrator shall verify that the
documentation submitted by each business concern supports the
information submitted by that business concern.
(4) Availability of registry.--The registry shall be made
generally available on the Internet site of the Agency.
(5) Consultation of registry.--As part of the acquisition
planning for contracting for debris removal, distribution of
supplies in a disaster, reconstruction, and other disaster or
emergency relief activities, a Federal agency shall consult the
registry.
SEC. 698. FRAUD PREVENTION TRAINING PROGRAM.
The Administrator shall develop and implement a program to provide
training on the prevention of waste, fraud, and abuse of Federal
disaster relief assistance relating to the response to or recovery from
natural disasters and acts of terrorism or other man-made disasters and
ways to identify such potential waste, fraud, and abuse.
Subtitle G--Authorization of Appropriations
SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title and
the amendments made by this title for the administration and operations
of the Agency--
(1) for fiscal year 2008, an amount equal to the amount
appropriated for fiscal year 2007 for administration and operations
of the Agency, multiplied by 1.1;
(2) for fiscal year 2009, an amount equal to the amount
described in paragraph (1), multiplied by 1.1; and
(3) for fiscal year 2010, an amount equal to the amount
described in paragraph (2), multiplied by 1.1.
Sec. 699A. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title shall be treated as referring only
to the provisions of this title.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2007''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.