Text: H.R.5441 — 109th Congress (2005-2006)All Information (Except Text)

Text available as:

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Public Law No: 109-295 (10/04/2006)

 
[109th Congress Public Law 295]
[From the U.S. Government Printing Office]


[DOCID: f:publ295.109]

[[Page 120 STAT. 1355]]

Public Law 109-295
109th Congress

                                 An Act


 
 Making appropriations for the Department of Homeland Security for the 
          fiscal year ending September 30, 2007, and for other 
            purposes. <<NOTE: Oct. 4, 2006 -  [H.R. 5441]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: Department of Homeland Security 
Appropriations Act, 2007.>> in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2007, for the 
Department of Homeland Security and for other purposes, namely:

                                 TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $94,470,000: Provided, That not 
to exceed $40,000 shall be for official reception and representation 
expenses: Provided further, That of the funds provided under this 
heading, $5,000,000 shall not be available for obligation until the 
Secretary of Homeland Security submits a comprehensive port, container, 
and cargo security strategic plan to the Committees on Appropriations of 
the Senate and the House of Representatives; the Committee on Homeland 
Security of the House of Representatives; the Committee on Homeland 
Security and Governmental Affairs of the Senate; and the Committee on 
Commerce, Science, and Transportation of the Senate that requires 
screening all inbound cargo, doubles the percentage of inbound cargo 
currently inspected, sets minimum standards for securing inbound cargo, 
and includes the fiscal year 2007 performance requirements for port, 
container, and cargo security as specified in the joint explanatory 
statement accompanying this Act: Provided further, That of the funds 
provided under this heading, $10,000,000 shall not be available for 
obligation until the Secretary submits the Secure Border Initiative 
multi-year strategic plan to the Committees on Appropriations of the 
Senate and the House of Representatives, the Committee on Homeland 
Security of the House of Representatives, the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the Committees on 
the Judiciary of the Senate and the House of Representatives no later 
than December 1, 2006, that includes: a comprehensive

[[Page 120 STAT. 1356]]

mission statement, an identification of long-term goals, an explanation 
of how long-term goals will be achieved, schedule and resource 
requirements for goal achievement, an identification of annual 
performance goals and how they link to long-term goals, an 
identification of annual performance measures used to gauge 
effectiveness towards goal achievement by goal, and an identification of 
major capital assets critical to program success.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $153,640,000: Provided, 
That not to exceed $3,000 shall be for official reception and 
representation expenses: Provided further, That of the total amount 
provided, $8,206,000 shall remain available until expended solely for 
the alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
as authorized by section 103 of the Homeland Security Act of 2002 (6 
U.S.C. 113), $26,000,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$349,013,000; of which $79,521,000 shall be available for salaries and 
expenses; and of which $269,492,000 shall be available for development 
and acquisition of information technology equipment, software, services, 
and related activities for the Department of Homeland Security, and for 
the costs of conversion to narrowband communications, including the cost 
for operation of the land mobile radio legacy systems, to remain 
available until expended: Provided, That none of the funds appropriated 
shall be used to support or supplement the appropriations provided for 
the United States Visitor and Immigrant Status Indicator Technology 
project or the Automated Commercial Environment: Provided 
further, <<NOTE: Expenditure plan. Deadline.>>  That the Chief 
Information Officer shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives, not more than 60 days after 
the date of enactment of this Act, an expenditure plan for all 
information technology projects that: (1) are funded under this heading; 
or (2) are funded by multiple components of the Department of Homeland 
Security through reimbursable agreements: Provided further, That such 
expenditure plan shall include each specific project funded, key 
milestones, all funding sources for each project, details of annual and 
lifecycle costs, and projected cost savings or cost avoidance to be 
achieved by the project.

                         Analysis and Operations

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland

[[Page 120 STAT. 1357]]

Security Act of 2002 (6 U.S.C. 121 et seq.), $299,663,000, to remain 
available until September 30, 2008, of which not to exceed $5,000 shall 
be for official reception and representation expenses.

       Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $85,185,000, of which not to exceed $100,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General: 
Provided, That the Department of Homeland Security Inspector General 
shall investigate whether, and to what extent, in adjusting and settling 
claims resulting from Hurricane Katrina, insurers making flood insurance 
coverage available under the Write-Your-Own program pursuant to section 
1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 4081) and 
subpart C of part 62 of title 44, Code of Federal Regulations, 
improperly attributed damages from such hurricane to flooding covered 
under the insurance coverage provided under the national flood insurance 
program rather than to windstorms covered under coverage provided by 
such insurers or by windstorm insurance pools in which such insurers 
participated: Provided further, <<NOTE: Reports. Deadline.>> That the 
Department of Homeland Security Inspector General shall submit a report 
to Congress not later than April 1, 2007, setting forth the conclusions 
of such investigation.

                                TITLE II

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

     United States Visitor and Immigrant Status Indicator Technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as authorized 
by section 110 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1365a), $362,494,000, to remain 
available until expended: Provided, That of the total amount made 
available under this heading, $200,000,000 may not be obligated for the 
United States Visitor and Immigrant Status Indicator Technology project 
until the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure prepared by 
the Secretary of Homeland Security that--
            (1) meets the capital planning and investment control review 
        requirements established by the Office of Management and Budget, 
        including Circular A-11, part 7;

[[Page 120 STAT. 1358]]

            (2) complies with the Department of Homeland Security 
        information systems enterprise architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently under 
        contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget;
            (6) is reviewed by the Government Accountability Office;
            (7) includes a comprehensive strategic plan for the United 
        States Visitor and Immigrant Status Indicator Technology 
        project; and
            (8) includes a complete schedule for the full implementation 
        of a biometric exit program.

               United States Customs and Border Protection


                          salaries and expenses


    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; purchase and 
lease of up to 4,500 (3,500 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$5,562,186,000; of which $379,602,000 shall be used to hire additional 
border patrol agents, of which $93,000,000 shall be available until 
September 30, 2008; of which $3,026,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for 
official reception and representation expenses; of which not less than 
$175,796,000 shall be for Air and Marine Operations; of which such sums 
as become available in the Customs User Fee Account, except sums subject 
to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; and of which 
not to exceed $1,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security: Provided, That of the amount provided 
under this heading, $100,000,000 of inspection and detection technology 
investments funding is designated as described in section 520 of this 
Act: Provided further, That for fiscal year 2007, the overtime 
limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any other 
provision of law, none of the funds appropriated by this Act may be 
available to compensate any employee of United States Customs and Border 
Protection for overtime, from whatever source, in an amount that exceeds 
such limitation, except in individual cases determined by

[[Page 120 STAT. 1359]]

the Secretary of Homeland Security, or the designee of the Secretary, to 
be necessary for national security purposes, to prevent excessive costs, 
or in cases of immigration emergencies.

                        automation modernization

    For expenses for customs and border protection automated systems, 
$451,440,000, to remain available until expended, of which not less than 
$316,800,000 shall be for the development of the Automated Commercial 
Environment: Provided, That of the total amount made available under 
this heading, $216,800,000 may not be obligated for the Automated 
Commercial Environment until the Committees on Appropriations of the 
Senate and the House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Security that--
            (1) meets the capital planning and investment control review 
        requirements established by the Office of Management and Budget, 
        including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        information systems enterprise architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently under 
        contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.


         BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY


    For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,187,565,000, to remain available 
until expended: Provided, That of the amount provided under this 
heading, $1,159,200,000 is designated as described in section 520 of 
this Act: Provided further, <<NOTE: Expenditure plan. Deadline.>> That 
of the amount provided under this heading, $950,000,000 shall not be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure, 
prepared by the Secretary of Homeland Security and submitted within 60 
days after the date of enactment of this Act, to establish a security 
barrier along the border of the United States of fencing and vehicle 
barriers, where practicable, and other forms of tactical infrastructure 
and technology, that--
            (1) defines activities, milestones, and costs for 
        implementing the program;
            (2) demonstrates how activities will further the goals and 
        objectives of the Secure Border Initiative (SBI), as defined in 
        the SBI multi-year strategic plan;
            (3) identifies funding and the organization staffing 
        (including full-time equivalents, contractors, and detailees) 
        requirements by activity;
            (4) reports on costs incurred, the activities completed, and 
        the progress made by the program in terms of obtaining 
        operational control of the entire border of the United States;

[[Page 120 STAT. 1360]]

            (5) includes a certification by the Chief Procurement 
        Officer of the Department of Homeland Security that procedures 
        to prevent conflicts of interest between the prime integrator 
        and major subcontractors are established and a certification by 
        the Chief Information Officer of the Department of Homeland 
        Security that an independent verification and validation agent 
        is currently under contract for the project;
            (6) complies with all applicable acquisition rules, 
        requirements, guidelines, and best systems acquisition 
        management practices of the Federal Government;
            (7) complies with the capital planning and investment 
        control review requirements established by the Office of 
        Management and Budget, including Circular A-11, part 7;
            (8) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (9) is reviewed by the Government Accountability Office.


  air and marine interdiction, operations, maintenance, and procurement


    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aerial vehicles, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, and rental payments for 
facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at the 
discretion of the Secretary of Homeland Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $602,187,000, to remain 
available until expended: Provided, That of the amount provided under 
this heading, $232,000,000 of procurement is designated as described in 
section 520 of this Act: Provided further, That no aircraft or other 
related equipment, with the exception of aircraft that are one of a kind 
and have been identified as excess to United States Customs and Border 
Protection requirements and aircraft that have been damaged beyond 
repair, shall be transferred to any other Federal agency, department, or 
office outside of the Department of Homeland Security during fiscal year 
2007 without the prior approval of the Committees on Appropriations of 
the Senate and the House of Representatives.


                              construction


    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$232,978,000, to remain available until expended: Provided, That of the 
amount provided under this heading, $110,000,000 is designated as 
described in section 520 of this Act.

[[Page 120 STAT. 1361]]

                   Immigration and Customs Enforcement


                          salaries and expenses


    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and lease 
of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$3,887,000,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $102,000 shall be for promotion of public awareness of the child 
pornography tipline; of which not less than $203,000 shall be for 
Project Alert; of which not less than $5,400,000 may be used to 
facilitate agreements consistent with section 287(g) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That none of the 
funds made available under this heading shall be available to compensate 
any employee for overtime in an annual amount in excess of $35,000, 
except that the Secretary of Homeland Security, or the designee of the 
Secretary, may waive that amount as necessary for national security 
purposes and in cases of immigration emergencies: Provided further, That 
of the total amount provided, $15,770,000 shall be for activities to 
enforce laws against forced child labor in fiscal year 2007, of which 
not to exceed $6,000,000 shall remain available until expended.


                       federal protective service


    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses related 
to the protection of federally-owned and leased buildings and for the 
operations of the Federal Protective Service: Provided, That the 
Secretary <<NOTE: Reports. Deadline.>> submit a report, approved by the 
Office of Management and Budget, to the Committees on Appropriations of 
the Senate and the House of Representatives no later than November 1, 
2006, demonstrating how the operations of the Federal Protective Service 
will be fully funded in fiscal year 2007 through revenues and collection 
of security fees.


                        automation modernization


    For expenses of immigration and customs enforcement automated 
systems, $15,000,000, to remain available until expended: Provided, That 
of the funds made available under this heading, $13,000,000 may not be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that--
            (1) meets the capital planning and investment control review 
        requirements established by the Office of Management and Budget, 
        including Circular A-11, part 7;

[[Page 120 STAT. 1362]]

            (2) complies with the Department of Homeland Security 
        information systems enterprise architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently under 
        contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.


                              construction


    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$56,281,000, to remain available until expended: Provided, That of the 
amount provided under this heading, $30,000,000 is designated as 
described in section 520 of this Act.

                 Transportation Security Administration

                            aviation security

    For necessary expenses of the Transportation Security Administration 
related to providing civil aviation security services pursuant to the 
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 
597; 49 U.S.C. 40101 note), $4,731,814,000, to remain available until 
September 30, 2008, of which not to exceed $10,000 shall be for official 
reception and representation expenses: Provided, That of the total 
amount made available under this heading, not to exceed $3,768,266,000 
shall be for screening operations, of which $141,400,000 shall be 
available only for procurement of checked baggage explosive detection 
systems and $138,000,000 shall be available only for installation of 
checked baggage explosive detection systems; and not to exceed 
$963,548,000 shall be for aviation security direction and 
enforcement: <<NOTE: Reports.>> Provided further, That of the funds 
appropriated under this heading, $5,000,000 shall not be obligated until 
the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a detailed 
report in response to findings in the Department of Homeland Security 
Office of Inspector General report (OIG-04-44) concerning contractor 
fees: Provided further, That security service fees authorized under 
section 44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security: Provided further, That the sum herein appropriated 
from the General Fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2007, so as 
to result in a final fiscal year appropriation from the General Fund 
estimated at not more than $2,311,814,000: Provided further, That any 
security service fees collected in excess of the amount made available 
under this heading shall become available during fiscal year 2008: 
Provided further, That notwithstanding section 44923 of title 49, United 
States Code, the share of the cost of the Federal Government

[[Page 120 STAT. 1363]]

for a project under any letter of intent shall be 75 percent for any 
medium or large hub airport and not more than 90 percent for any other 
airport, and all funding provided by section 44923(h) of title 49, 
United States Code, or from appropriations authorized under section 
44923(i)(1) of title 49, United States Code, may be distributed in any 
manner deemed necessary to ensure aviation security and to fulfill the 
Government's planned cost share under existing letters of intent: 
Provided further, <<NOTE: Plan. Deadline.>> That by December 1, 2006, 
the Transportation Security Administration shall submit a detailed air 
cargo security action plan addressing each of the recommendations 
contained in the 2005 Government Accountability Office Report (GAO-06-
76) on domestic air cargo security to the Committees on Appropriations 
of the Senate and the House of Representatives; the Committee on 
Homeland Security of the House of Representatives; the Committee on 
Homeland Security and Governmental Affairs of the Senate; and the 
Committee on Commerce, Science, and Transportation of the Senate: 
Provided further, That Members of the United States House of 
Representatives and United States Senate, including the leadership; and 
the heads of Federal agencies and commissions, including the Secretary, 
Under Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior members of 
the Executive Office of the President, including the Director of the 
Office of Management and Budget; shall not be exempt from Federal 
passenger and baggage screening: Provided further, That beginning in 
fiscal year 2007 and thereafter, reimbursement for security services and 
related equipment and supplies provided in support of general aviation 
access to the Ronald Reagan Washington National Airport shall be 
credited to this appropriation and shall be available until expended 
solely for those purposes: Provided further, That none of the funds in 
this Act shall be used to recruit or hire personnel into the 
Transportation Security Administration which would cause the agency to 
exceed a staffing level of 45,000 full-time equivalent screeners.


                     surface transportation security


    For necessary expenses of the Transportation Security Administration 
related to providing surface transportation security activities, 
$37,200,000, to remain available until September 30, 2008.


           transportation threat assessment and credentialing


    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment and 
Credentialing, $39,700,000, to remain available until September 30, 
2008.

                     transportation security support

    For necessary expenses of the Transportation Security Administration 
related to providing transportation security support and intelligence 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $525,283,000, to remain 
available until September 30, 2008: Provided, That of the funds 
appropriated under this heading, $5,000,000 may not be obligated until 
the Secretary of Homeland

[[Page 120 STAT. 1364]]

Security submits to the Committees on Appropriations of the Senate and 
the House of Representatives a detailed expenditure plan for explosive 
detection systems refurbishment, procurement, and installations on an 
airport-by-airport basis for fiscal year 2007: Provided 
further, <<NOTE: Plan. Deadline.>> That this plan shall be submitted no 
later than 60 days after the date of enactment of this Act.


                          federal air marshals


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

                        United States Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
United States Coast Guard not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be for 
replacement only; payments pursuant to section 156 of Public Law 97-377 
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$5,477,657,000, of which $340,000,000 shall be for defense-related 
activities; of which $24,255,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not 
to exceed $10,000 shall be for official reception and representation 
expenses: Provided, That none of the funds made available by this or any 
other Act shall be available for administrative expenses in connection 
with shipping commissioners in the United States: Provided further, That 
none of the funds made available by this Act shall be for expenses 
incurred for yacht documentation under section 12109 of title 46, United 
States Code, except to the extent fees are collected from yacht owners 
and credited to this appropriation: Provided further, That not to exceed 
five percent of this appropriation may be transferred to the 
``Acquisition, Construction, and Improvements'' appropriation for 
personnel compensation and benefits and related costs to adjust 
personnel assignment to accelerate management and oversight of new or 
existing projects without detrimentally affecting the management and 
oversight of other projects: Provided further, That the amount made 
available for ``Personnel, Compensation, and Benefits'' in the 
``Acquisition, Construction, and Improvements'' appropriation shall not 
be increased by more than 10 percent by such transfers: Provided 
further, <<NOTE: Notification. Deadline.>> That the Committees on 
Appropriations of the Senate and the House of Representatives shall be 
notified of each transfer within 30 days after it is executed by the 
Treasury.


                environmental compliance and restoration


    For necessary expenses to carry out the environmental compliance and 
restoration functions of the United States Coast Guard under chapter 19 
of title 14, United States Code, $10,880,000, to remain available until 
expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program;

[[Page 120 STAT. 1365]]

personnel and training costs; and equipment and services; $122,448,000.

               acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, and 
improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,330,245,000, of which $19,800,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which $26,550,000 shall be available until September 30, 
2011, to acquire, repair, renovate, or improve vessels, small boats, and 
related equipment; of which $15,000,000 shall be available until 
September 30, 2011, to increase aviation capability; of which 
$119,823,000 shall be available until September 30, 2009, for other 
equipment; of which $22,000,000 shall be available until September 30, 
2009, for shore facilities and aids to navigation facilities; of which 
$81,000,000 shall be available for personnel compensation and benefits 
and related costs; and of which $1,065,872,000 shall be available until 
September 30, 2011, for the Integrated Deepwater Systems program: 
Provided, That the Commandant of the Coast Guard is authorized to 
dispose of surplus real property, by sale or lease, and the proceeds 
shall be credited to this appropriation as offsetting collections and 
shall be available until September 30, 2009: <<NOTE: Review.>> Provided 
further, That the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, in conjunction with the President's fiscal year 2008 
budget, a review of the Revised Deepwater Implementation Plan that 
identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Deepwater assets to pre-Deepwater legacy 
assets; <<NOTE: Reports.>> a status report of legacy assets; a detailed 
explanation of how the costs of legacy assets are being accounted for 
within the Deepwater program; a description of how the Coast Guard is 
planning for the human resource needs of Deepwater assets; a description 
of the competitive process conducted in all contracts and subcontracts 
exceeding $5,000,000 within the Deepwater program; and the earned value 
management system gold card data for each Deepwater asset: Provided 
further, <<NOTE: Review. Deadline. 14 USC 663 note.>> That the Secretary 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a comprehensive review of the Revised Deepwater 
Implementation Plan every five years, beginning in fiscal year 2011, 
that includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: Provided 
further, That the Secretary shall annually submit to 
the <<NOTE: Plan. Deadline. 14 USC 663 note.>> Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted under section 1105(a) of 
title 31, United States Code, a future-years capital investment plan for 
the Coast Guard that identifies for each capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever is 
        earlier;

[[Page 120 STAT. 1366]]

            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:

Provided further, That the Secretary shall ensure that amounts specified 
in the future-years capital investment plan are consistent to the 
maximum extent practicable with proposed appropriations necessary to 
support the programs, projects, and activities of the Coast Guard in the 
President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified: Provided further, That 
of the amount provided under this heading, $175,800,000 is designated as 
described in section 520 of this Act.


                          alteration of bridges


    For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $16,000,000, to remain available until expended.


               Research, Development, Test, and Evaluation


    For necessary expenses for applied scientific research, development, 
test, and evaluation; and for maintenance, rehabilitation, lease, and 
operation of facilities and equipment; as authorized by law; 
$17,000,000, to remain available until expended, of which $495,000 shall 
be derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for 
the purposes of this appropriation funds received from State and local 
governments, other public authorities, private sources, and foreign 
countries for expenses incurred for research, development, testing, and 
evaluation.


                               retired pay


    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under the 
Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,063,323,000.

                      United States Secret Service


                protection, administration, and training


    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 755 vehicles for police-type use, of 
which 624 shall be for replacement only, and hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; hire of 
aircraft; services of expert witnesses at such rates as may be 
determined by the Director of the Secret Service; rental of buildings in 
the District of Columbia, and fencing, lighting,

[[Page 120 STAT. 1367]]

guard booths, and other facilities on private or other property not in 
Government ownership or control, as may be necessary to perform 
protective functions; payment of per diem or subsistence allowances to 
employees where a protective assignment during the actual day or days of 
the visit of a protectee requires an employee to work 16 hours per day 
or to remain overnight at a post of duty; conduct of and participation 
in firearms matches; presentation of awards; travel of United States 
Secret Service employees on protective missions without regard to the 
limitations on such expenditures in this or any other Act if approval is 
obtained in advance from the Committees on Appropriations of the Senate 
and the House of Representatives; research and development; grants to 
conduct behavioral research in support of protective research and 
operations; and payment in advance for commercial accommodations as may 
be necessary to perform protective functions; $961,779,000, of which not 
to exceed $25,000 shall be for official reception and representation 
expenses: Provided, That up to $18,000,000 provided for protective 
travel shall remain available until September 30, 2008: Provided 
further, That up to $18,400,000 for candidate nominee protection shall 
remain available until September 30, 2009: Provided further, That up to 
$1,000,000 for National Special Security Events shall remain available 
until expended: Provided further, <<NOTE: Reports.>> That of the total 
amount provided under this heading, $2,000,000 shall not be available 
for obligation until the Director of the Secret Service submits a 
comprehensive workload re-balancing report to the Committees on 
Appropriations of the Senate and the House of Representatives that 
includes funding and position requirements for current investigative and 
protective operations: Provided further, That the United States Secret 
Service is authorized to obligate funds in anticipation of 
reimbursements from Federal agencies and entities, as defined in section 
105 of title 5, United States Code, receiving training sponsored by the 
James J. Rowley Training Center, except that total obligations at the 
end of the fiscal year shall not exceed total budgetary resources 
available under this heading at the end of the fiscal year.


                   INVESTIGATIONS AND FIELD OPERATIONS


    For necessary expenses for investigations and field operations of 
the United States Secret Service, not otherwise provided for, including 
costs related to office space and services of expert witnesses at such 
rate as may be determined by the Director of the Secret Service, 
$311,154,000; of which not to exceed $100,000 shall be to provide 
technical assistance and equipment to foreign law enforcement 
organizations in counterfeit investigations; of which $2,366,000 shall 
be for forensic and related support of investigations of missing and 
exploited children; and of which $6,000,000 shall be a grant for 
activities related to the investigations of missing and exploited 
children and shall remain available until expended.


      acquisition, construction, improvements, and related expenses


    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,725,000, to remain

[[Page 120 STAT. 1368]]

available until expended: Provided, That of the total amount provided 
under this heading, $500,000 shall not be available for obligation until 
the Director of the Secret Service submits a revised master plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives for the James J. Rowley Training Center.

                                TITLE III

                        PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                      Management and Administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Preparedness, the Office of the Chief Medical Officer, and 
the Office of National Capital Region Coordination, $30,572,000, of 
which no less than $2,741,000 may be used for the Office of National 
Capital Region Coordination, and of which $6,459,000 shall be for the 
National Preparedness Integration Program: Provided, That none of the 
funds made available under this heading may be obligated for the 
National Preparedness Integration Program until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure prepared by the Secretary of Homeland 
Security: Provided further, That not to exceed $7,000 shall be for 
official reception and representation expenses: <<NOTE: West 
Virginia. Pennsylvania.>> Provided further, That for purposes of 
planning, coordination and execution of mass evacuation during a 
disaster, the Governors of the State of West Virginia and the 
Commonwealth of Pennsylvania, or their designees, shall be included in 
efforts to integrate the activities of Federal, State, and local 
governments in the National Capital Region, as defined in section 882 of 
Public Law 107-296, the Homeland Security Act of 2002.

                      Office of Grants and Training

                        state and local programs

    For grants, contracts, cooperative agreements, and other activities, 
including grants to State and local governments for terrorism prevention 
activities, notwithstanding any other provision of law, $2,531,000,000, 
which shall be allocated as follows:
            (1) $525,000,000 for formula-based grants and $375,000,000 
        for law enforcement terrorism prevention grants pursuant to 
        section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, 
        That the application for grants shall be made available to 
        States within 45 days after the date of enactment of this Act; 
        that States shall submit applications within 90 days after the 
        grant announcement; and the Office of Grants and Training shall 
        act within 90 days after receipt of an application: Provided 
        further, <<NOTE: Puerto Rico. Deadline.>> That not less than 80 
        percent of any grant under this paragraph to a State shall be 
        made available by the State to local governments within 60 days 
        after the receipt of the funds; except in the case of Puerto 
        Rico, where not less than 50 percent of any grant under this 
        paragraph

[[Page 120 STAT. 1369]]

        shall be made available to local governments within 60 days 
        after the receipt of the funds.
            (2) $1,229,000,000 for discretionary grants, as determined 
        by the Secretary of Homeland Security, of which--
                    (A) $770,000,000 shall be for use in high-threat, 
                high-density urban areas: Provided, That not later than 
                September 30, 2007, the Secretary shall distribute any 
                unallocated funds made available for assistance to 
                organizations (as described under section 501(c)(3) of 
                the Internal Revenue Code of 1986 and exempt from tax 
                under section 501(a) of such Code) determined by the 
                Secretary to be at high-risk of international terrorist 
                attack under title III of the Department of Homeland 
                Security Appropriations Act, 2006 under the heading 
                ``Office for Domestic Preparedness--State and Local 
                Programs'' (Public Law 109-90; 119 Stat. 2075) in 
                paragraph (2)(A): Provided further, That applicants 
                shall identify for the Secretary's consideration prior 
                threats or attacks (within or outside the United States) 
                by a terrorist organization, network, or cell against an 
                organization described in the previous proviso, and the 
                Secretary shall consider prior threats or attacks 
                (within or outside the United States) against like 
                organizations when determining 
                risk: <<NOTE: Notification. Deadline.>> Provided 
                further, That the Secretary shall notify the Committees 
                on Appropriations of the Senate and the House of 
                Representatives the high risk or potential high risk to 
                each designated tax exempt grantee at least five full 
                business days in advance of the announcement of any 
                grant award;
                    (B) $210,000,000 shall be for port security grants 
                pursuant to the purposes of section 70107(a) through (h) 
                of title 46, United States Code, which shall be awarded 
                based on risk notwithstanding subsection (a), for 
                eligible costs as described in subsections (b)(2) 
                through (4);
                    (C) $12,000,000 shall be for trucking industry 
                security grants;
                    (D) $12,000,000 shall be for intercity bus security 
                grants;
                    (E) $175,000,000 shall be for intercity rail 
                passenger transportation (as defined in section 24102 of 
                title 49, United States Code), freight rail, and transit 
                security grants; and
                    (F) $50,000,000 shall be for buffer zone protection 
                grants:
        Provided, <<NOTE: Deadlines.>> That for grants under 
        subparagraph (A), the application for grants shall be made 
        available to States within 45 days after the date of enactment 
        of this Act; that States shall submit applications within 90 
        days after the grant announcement; and that the Office of Grants 
        and Training shall act within 90 days after receipt of an 
        application: Provided further,  That no less than 80 percent of 
        any grant under this paragraph to a State shall be made 
        available by the State to local governments within 60 days after 
        the receipt of the funds: Provided further, That for grants 
        under subparagraphs (B) through (F), the applications for such 
        grants shall be made available to eligible applicants not later 
        than 75 days after the date of enactment of this Act, eligible 
        applicants shall submit applications not later than 45 days 
        after the date of the grant

[[Page 120 STAT. 1370]]

        announcement, and the Office of Grants and Training shall act on 
        such applications not later than 60 days after the date on which 
        such an application is received.
            (3) $50,000,000 shall be available for the Commercial 
        Equipment Direct Assistance Program.
            (4) $352,000,000 for training, exercises, technical 
        assistance, and other programs:

Provided, That none of the grants provided under this heading shall be 
used for the construction or renovation of facilities, except for a 
minor perimeter security project, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the preceding proviso shall not apply to grants under 
subparagraphs (B), (E), and (F) of paragraph (2) of this heading: 
Provided further, That grantees shall provide additional reports on 
their use of funds, as determined necessary by the Secretary of Homeland 
Security: Provided further, That funds appropriated for law enforcement 
terrorism prevention grants under paragraph (1) of this heading and 
discretionary grants under paragraph (2)(A) of this heading shall be 
available for operational costs, to include personnel overtime and 
overtime associated with the Office of Grants and Training certified 
training, as needed: <<NOTE: Risk factors. Reports. Deadline.>> Provided 
further, That the Government Accountability Office shall report on the 
validity, relevance, reliability, timeliness, and availability of the 
risk factors (including threat, vulnerability, and consequence) used by 
the Secretary for the purpose of allocating discretionary grants funded 
under this heading, and the application of those factors in the 
allocation of funds to the Committees on Appropriations of the Senate 
and the House of Representatives on its findings not later than 45 days 
after the date of enactment of this Act: Provided further, That within 
seven days after the date of enactment of this Act, the Secretary shall 
provide the Government Accountability Office with the risk methodology 
and other factors that will be used to allocate discretionary grants 
funded under this heading.


                      firefighter assistance grants


    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$662,000,000, of which $547,000,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $115,000,000 shall be 
available to carry out section 34 of that Act (15 U.S.C. 2229a), to 
remain available until September 30, 2008: Provided, That not to exceed 
five percent of this amount shall be available for program 
administration.


                 emergency management performance grants


    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $200,000,000: Provided, That total 
administrative costs shall not exceed three percent of the total 
appropriation.

[[Page 120 STAT. 1371]]

               radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2007, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary for 
its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2007, and remain 
available until expended.

             United States Fire Administration and Training

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland security 
Act of 2002 (6 U.S.C. 101 et seq.), $46,849,000.

           Infrastructure Protection and Information Security

    For necessary expenses for infrastructure protection and information 
security programs and activities, as authorized by title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $547,633,000, of 
which $470,633,000 shall remain available until September 30, 2008: 
Provided, <<NOTE: Reports.>> That of the amount made available under 
this heading, $10,000,000 may not be obligated until the Secretary 
submits to the Committees on Appropriations of the Senate and House of 
Representatives the report required in House Report 109-241 accompanying 
the Department of Homeland Security Appropriations Act, 2006 (Public Law 
109-90) on Department of Homeland Security resources necessary to 
implement mandatory security requirements for the Nation's chemical 
sector and to create a system for auditing and ensuring compliance with 
the security standards.

                   FEDERAL EMERGENCY MANAGEMENT AGENCY

                 Administrative and Regional Operations

    For necessary expenses for administrative and regional operations, 
$282,000,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not 
to exceed $3,000 shall be for official reception and representation 
expenses.

[[Page 120 STAT. 1372]]

              Readiness, Mitigation, Response, and Recovery

    For necessary expenses for readiness, mitigation, response, and 
recovery activities, $244,000,000, including activities authorized by 
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 
2061 et seq.), sections 107 and 303 of the National Security Act of 1947 
(50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, 
That of the total amount made available under this heading, $25,000,000 
shall be for Urban Search and Rescue Teams, of which not to exceed 
$1,600,000 may be made available for administrative costs.

                         Public Health Programs


                      (including transfer of funds)


    For necessary expenses for countering potential biological, disease, 
and chemical threats to civilian populations, $33,885,000: 
Provided, <<NOTE: 42 USC 300hh-11 note.>> That the total amount 
appropriated and, notwithstanding any other provision of law, the 
functions, personnel, assets, and liabilities of the National Disaster 
Medical System established under section 2811(b) of the Public Health 
Service Act (42 U.S.C. 300hh-11(b)), including any functions of the 
Secretary of Homeland Security relating to such System, shall be 
permanently transferred to the Secretary of the Department of Health and 
Human Services effective January 1, 2007.

                             Disaster Relief


                      (including transfer of funds)


    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,500,000,000, to remain available until expended: Provided, That of 
the total amount provided, not to exceed $13,500,000 shall be 
transferred to the Department of Homeland Security Office of Inspector 
General for audits and investigations related to natural disasters 
subject to section 503 of this Act.

             Disaster Assistance Direct Loan Program Account

    For administrative expenses to carry out the direct loan program, as 
authorized by section 319 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5162), $569,000: Provided, That 
gross obligations for the principal amount of direct loans shall not 
exceed $25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget Act 
of 1974 (2 U.S.C. 661a).

                      Flood Map Modernization Fund

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and

[[Page 120 STAT. 1373]]

such additional sums as may be provided by State and local governments 
or other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed three percent 
of the total appropriation.

                      National Flood Insurance Fund


                      (including transfer of funds)


    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $128,588,000, which is available as follows: (1) 
not to exceed $38,230,000 for salaries and expenses associated with 
flood mitigation and flood insurance operations; and (2) not to exceed 
$90,358,000 for flood hazard mitigation which shall be derived from 
offsetting collections assessed and collected under section 1307 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to remain 
available until September 30, 2008, including up to $31,000,000 for 
flood mitigation expenses under section 1366 of that Act, which amount 
shall be available for transfer to the National Flood Mitigation Fund 
until September 30, 2008: Provided, That in fiscal year 2007, no funds 
shall be available from the National Flood Insurance Fund in excess of: 
(1) $70,000,000 for operating expenses; (2) $692,999,000 for commissions 
and taxes of agents; (3) such sums as are necessary for interest on 
Treasury borrowings; and (4) $50,000,000 for flood mitigation actions 
with respect to severe repetitive loss properties under section 1361A of 
that Act (42 U.S.C. 4102a) and repetitive insurance claims properties 
under section 1323 of that Act (42 U.S.C. 4030), which shall remain 
available until expended: Provided further, That total administrative 
costs shall not exceed three percent of the total appropriation.

                     National Flood Mitigation Fund


                      (including transfer of funds)


    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c), $31,000,000, to remain available until September 
30, 2008, for activities designed to reduce the risk of flood damage to 
structures pursuant to such Act, of which $31,000,000 shall be derived 
from the National Flood Insurance Fund.

                  National Predisaster Mitigation Fund

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

[[Page 120 STAT. 1374]]

                       Emergency Food and Shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                 Federal Law Enforcement Training Center


                          salaries and expenses


    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law enforcement 
basic training; purchase of not to exceed 117 vehicles for police-type 
use and hire of passenger motor vehicles; expenses for student athletic 
and related activities; the conduct of and participation in firearms 
matches and presentation of awards; public awareness and enhancement of 
community support of law enforcement training; room and board for 
student interns; a flat monthly reimbursement to employees authorized to 
use personal mobile phones for official duties; and services as 
authorized by section 3109 of title 5, United States Code; $211,033,000, 
of which up to $43,910,000 for materials and support costs of Federal 
law enforcement basic training shall remain available until September 
30, 2008; of which $300,000 shall remain available until expended for 
Federal law enforcement agencies participating in training 
accreditation, to be distributed as determined by the Federal Law 
Enforcement Training Center for the needs of participating agencies; and 
of which not to exceed $12,000 shall be for official reception and 
representation expenses: Provided, That the Center is authorized to 
obligate funds in anticipation of reimbursements from agencies receiving 
training sponsored by the Center, except that total obligations at the 
end of the fiscal year shall not exceed total budgetary resources 
available at the end of the fiscal year: Provided further, <<NOTE: 42 
USC 3771 note.>>  That section 1202(a) of Public Law 107-206 (42 U.S.C. 
3771 note) is amended by striking ``5 years after the date of the 
enactment of this Act'' and inserting ``December 31, 2007'', and by 
striking ``250'' and inserting ``350''.

[[Page 120 STAT. 1375]]

      acquisition, construction, improvements, and related expenses


    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $64,246,000, to remain available until expended: 
Provided, That of the amount provided under this heading, $22,000,000 is 
designated as described in section 520 of this Act: Provided further, 
That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

                         Science and Technology


                      management and administration


    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of programs 
and activities, as authorized by title III of the Homeland Security Act 
of 2002 (6 U.S.C. 181 et seq.), $135,000,000: Provided, That of the 
amount provided under this heading, $60,000,000 shall not be obligated 
until the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve an expenditure plan by program, 
project, and activity; with a detailed breakdown and justification of 
the management and administrative costs for each; prepared by the 
Secretary of Homeland Security that has been reviewed by the Government 
Accountability Office: Provided further, That the expenditure plan shall 
describe the method utilized to derive administration costs in fiscal 
year 2006 and the fiscal year 2007 budget request: Provided further, 
That not to exceed $3,000 shall be for official reception and 
representation expenses.


           research, development, acquisition, and operations


    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); and the purchase or lease 
of not to exceed five vehicles, $838,109,000, to remain available until 
expended: Provided, <<NOTE: Reports.>> That of the amounts made 
available under this heading, $50,000,000 may not be obligated until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a report prepared by the Under 
Secretary of Science and Technology that describes the progress to 
address financial management deficiencies, improve its management 
controls, and implement performance measures and evaluations.

                    Domestic Nuclear Detection Office


                      MANAGEMENT AND ADMINISTRATION


    For salaries and expenses of the Domestic Nuclear Detection Office 
and for management and administration of programs and activities, 
$30,468,000: Provided, That no funds will be made available for the 
reimbursement of individuals from other Federal agencies or 
organizations in fiscal year 2009: Provided further, That

[[Page 120 STAT. 1376]]

not to exceed $3,000 shall be for official reception and representation 
expenses.


                  RESEARCH, DEVELOPMENT, AND OPERATIONS


    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation and operations, $272,500,000, to remain 
available until expended: <<NOTE: Notification.>> Provided, That of the 
amount provided under this heading, $15,000,000 shall not be obligated 
until the Secretary of Homeland Security provides notification to the 
Committees on Appropriations of the Senate and the House of 
Representatives that the Domestic Nuclear Detection Office has entered 
into a Memorandum of Understanding with each Federal entity and 
organization: Provided further, That each Memorandum of Understanding 
shall include a description of the role, responsibilities, and resource 
commitment of each Federal entity or organization for the global 
architecture.


                           SYSTEMS ACQUISITION


    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $178,000,000, to remain available 
until September 30, 2009; and of which no less than $143,000,000 shall 
be for radiation portal monitors; and of which not to exceed $5,000,000 
shall be for the Surge program: 
Provided, <<NOTE: Certification. Reports.>> That none of the funds 
appropriated under this heading shall be obligated for full scale 
procurement of Advanced Spectroscopic Portal Monitors until the 
Secretary of Homeland Security has certified through a report to the 
Committees on Appropriations of the Senate and the House of 
Representatives that a significant increase in operational effectiveness 
will be achieved.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2007, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed

[[Page 120 STAT. 1377]]

for a specific activity by either of the Committees on Appropriations of 
the Senate or House of Representatives for a different purpose; or (5) 
contracts out any function or activity for which funds have been 
appropriated for Federal full-time equivalent 
positions; <<NOTE: Notification. Deadline.>> unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such reprogramming of funds.

    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or expenditure 
in fiscal year 2007, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure for programs, projects, or activities through a 
reprogramming of funds in excess of $5,000,000 or 10 percent, whichever 
is less, that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by the 
Congress; or (3) results from any general savings from a reduction in 
personnel that would result in a change in existing programs, projects, 
or activities as approved by the 
Congress; <<NOTE: Notification. Deadline.>> unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such reprogramming of funds.

    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) <<NOTE: Notification. Deadline.>> of this section and shall not be 
available for obligation unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 days in advance 
of such transfer.

    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    Sec. 504. None of the funds appropriated or otherwise made available 
to the Department of Homeland Security may be used to make payments to 
the ``Department of Homeland Security Working Capital Fund'', except for 
the activities and amounts allowed in the President's fiscal year 2007 
budget, excluding sedan service, shuttle service, transit subsidy, mail 
operations, parking, and competitive sourcing: 
Provided, <<NOTE: Deadline.>> That any additional activities and amounts 
shall be approved by the Committees on Appropriations of the Senate and 
the House of Representatives 30 days in advance of obligation.

    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2007 from appropriations for salaries and expenses for 
fiscal year 2007 in this Act shall remain available through September 
30, 2008, in the account and for the purposes for which the 
appropriations were provided: Provided, <<NOTE: Deadlines.>> That prior 
to the obligation of such funds, a request shall be submitted to

[[Page 120 STAT. 1378]]

the Committees on Appropriations of the Senate and the House of 
Representatives for approval in accordance with section 503 of this Act.

    Sec. 506. <<NOTE: Termination date.>> Funds made available by this 
Act for intelligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the National Security Act 
of 1947 (50 U.S.C. 414) during fiscal year 2007 until the enactment of 
an Act authorizing intelligence activities for fiscal year 2007.

    Sec. 507. The Federal Law Enforcement Training Center shall lead the 
Federal law enforcement training accreditation process, to include 
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, to 
continue the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.
    Sec. 508. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an award, unless the 
Secretary of Homeland Security notifies the Committees on Appropriations 
of the Senate and the House of Representatives at least three full 
business days in advance: Provided, That no notification shall involve 
funds that are not available for obligation: Provided further, That the 
Office of Grants and Training shall brief the Committees on 
Appropriations of the Senate and the House of Representatives five full 
business days in advance of announcing publicly the intention of making 
an award of formula-based grants; law enforcement terrorism prevention 
grants; or high-threat, high-density urban areas grants.
    Sec. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the House 
of Representatives, except that the Federal Law Enforcement Training 
Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 511. None of the funds appropriated or otherwise made available 
by this Act may be used for expenses of any construction, repair, 
alteration, or acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not been 
approved, except that necessary funds may be expended for each project 
for required expenses for the development of a proposed prospectus.
    Sec. 512. None of the funds in this Act may be used in contravention 
of the applicable provisions of the Buy American Act (41 U.S.C. 10a et 
seq.).
    Sec. 513. <<NOTE: 6 USC 111 note.>> Notwithstanding any other 
provision of law, the authority of the Office of Personnel Management to 
conduct personnel security and suitability background investigations, 
update

[[Page 120 STAT. 1379]]

 investigations, and periodic reinvestigations of applicants for, or 
appointees in, positions in the Office of the Secretary and Executive 
Management, the Office of the Under Secretary for Management, Analysis 
and Operations, Immigration and Customs Enforcement, the Directorate for 
Preparedness, and the Directorate of Science and Technology of the 
Department of Homeland Security is transferred to the Department of 
Homeland Security: Provided, That on request of the Department of 
Homeland Security, the Office of Personnel Management shall cooperate 
with and assist the Department in any investigation or reinvestigation 
under this section: Provided further, <<NOTE: Termination date.>> That 
this section shall cease to be effective at such time as the President 
has selected a single agency to conduct security clearance 
investigations pursuant to section 3001(c) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 
435b) and the entity selected pursuant to section 3001(b) of such Act 
has reported to Congress that the agency selected pursuant to such 
section 3001(c) is capable of conducting all necessary investigations in 
a timely manner or has authorized the entities within the Department of 
Homeland Security covered by this section to conduct their own 
investigations pursuant to section 3001 of such Act.

    Sec. 514. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
conditions contained in paragraphs (1) through (10) of section 522(a) of 
Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) T <<NOTE: Reports. Deadline.>> he report required by subsection 
(a) shall be submitted within 90 days after the Secretary provides the 
requisite certification, and periodically thereafter, if necessary, 
until the Government Accountability Office confirms that all ten 
conditions have been successfully met.

    (c) <<NOTE: Deadline. Plan. Certification.>> Within 90 days of 
enactment of this Act, the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a detailed 
plan that describes: (1) the dates for achieving key milestones, 
including the date or timeframes that the Secretary will certify the 
program under subsection (a); and (2) the methodology to be followed to 
support the Secretary's certification, as required under subsection (a).

    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or previous appropriations 
Acts may be utilized for data or a database that is obtained from or 
remains under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data obtained from 
air carriers.

[[Page 120 STAT. 1380]]

    Sec. 515. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 516. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 517. (a) None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    (b) <<NOTE: 18 USC 3056 note.>>  Beginning in fiscal year 2008, none 
of the funds appropriated by this or any other Act to the United States 
Secret Service shall be made available for the protection of a person, 
other than persons granted protection under section 3056(a) of title 18, 
United States Code, and the Secretary of Homeland Security: Provided, 
That the Director of the United States Secret Service may enter into an 
agreement to perform such protection on a fully reimbursable basis for 
protectees not designated under section 3056(a) of title 18, United 
States Code.

    Sec. 518. <<NOTE: 49 USC 44901 note.>> The Secretary of Homeland 
Security, in consultation with industry stakeholders, shall develop 
standards and protocols for increasing the use of explosive detection 
equipment to screen air cargo when appropriate.

    Sec. 519. (a) The Secretary of Homeland Security is directed to 
research, develop, and procure new technologies to inspect and screen 
air cargo carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) <<NOTE: Reports. Deadline.>> The Transportation Security 
Administration shall report air cargo inspection statistics quarterly to 
the Committees on Appropriations of the Senate and the House of 
Representatives, by airport and air carrier, within 45 days after the 
end of the quarter including any reason for non-compliance with the 
second proviso of section 513 of the Department of Homeland Security 
Appropriations Act, 2005 (Public Law 108-334, 118 Stat. 1317).

    Sec. 520. For purposes of this Act, any designation referring to 
this section is the designation of an amount as making appropriations 
for contingency operations directly related to the global war on 
terrorism, and other unanticipated defense-related operations, pursuant 
to section 402 of H. Con. Res. 376 (109th Congress) as made applicable 
to the House of Representatives by H. Res. 818 (109th Congress), and as 
an emergency requirement pursuant to section 402 of S. Con. Res. 83 
(109th Congress) as made applicable to the Senate by section 7035 of 
Public Law 109-234.
    Sec. 521. (a) Rescission.--From the unexpended balances of the 
United States Coast Guard ``Acquisition, Construction, and

[[Page 120 STAT. 1381]]

Improvements'' account specifically identified in the Joint Explanatory 
Statement (House Report 109-241) accompanying Public Law 109-90 for the 
Fast Response Cutter, the service life extension program of the current 
110-foot Island Class patrol boat fleet, and accelerated design and 
production of the Fast Response Cutter, $78,693,508 are rescinded.
    (b) Additional Appropriation.--For necessary expenses of the United 
States Coast Guard for ``Acquisition, Construction, and Improvements'', 
there is appropriated an additional $78,693,508, to remain available 
until September 30, 2009, for the service life extension program of the 
current 110-foot Island Class patrol boat fleet and the acquisition of 
traditional patrol boats (``parent craft'').
    Sec. 522. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 222 
of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct 
that changes be made to, delay, or prohibit the transmission to Congress 
of any report prepared under paragraph (6) of such section.
    Sec. 523. No funding provided by this or previous appropriation Acts 
shall be available to pay the salary of any employee serving as a 
contracting officer's technical representative (COTR), or anyone acting 
in a similar or like capacity, who has not received COTR training.
    Sec. 524. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' in fiscal years 2004, 2005, and 2006 
that are recovered or deobligated shall be available only for 
procurement and installation of explosive detection systems for air 
cargo, baggage, and checkpoint screening systems, subject to 
notification.
    Sec. 525. <<NOTE: Deadline. Revision.>> (a) Within 30 days after 
enactment of this Act, the Secretary of Homeland Security shall revise 
Department of Homeland Security (DHS) Management Directive (MD) 11056 to 
provide for the following:
            (1) That when a lawful request is made to publicly release a 
        document containing information designated as sensitive security 
        information (SSI), the document shall be reviewed in a timely 
        manner to determine whether any information contained in the 
        document meets the criteria for continued SSI protection under 
        applicable law and regulation and shall further provide that all 
        portions that no longer require SSI designation be released, 
        subject to applicable law, including sections 552 and 552a of 
        title 5, United States Code;
            (2) That sensitive security information that is three years 
        old and not incorporated in a current transportation security 
        directive, security plan, contingency plan, or information 
        circular; or does not contain current information in one of the 
        following SSI categories: equipment or personnel performance 
        specifications, vulnerability assessments, security inspection 
        or investigative information, threat information, security 
        measures, security screening information, security training 
        materials, identifying information of designated transportation 
        security personnel, critical aviation or maritime infrastructure 
        asset information, systems security information, confidential 
        business information, or research and development information 
        shall be subject to release upon request unless:

[[Page 120 STAT. 1382]]

                    (A) the Secretary or his designee makes a written 
                determination that identifies a rational reason why the 
                information must remain SSI; or
                    (B) such information is otherwise exempt from 
                disclosure under applicable law:
        Provided, That any determination made by the Secretary under 
        clause (a)(2)(A) shall be provided to the party making a request 
        to release such information and to the Committees on 
        Appropriations of the Senate and the House of Representatives as 
        part of the annual reporting requirement pursuant to section 537 
        of the Department of Homeland Security Appropriations Act, 2006 
        (Public Law 109-90; 119 Stat. 2088); and
            (3) Common and extensive examples of the individual 
        categories of SSI information cited under 49 CFR 1520(b)(1) 
        through (16) in order to minimize and standardize judgment by 
        covered persons in the application of SSI marking.

    (b) <<NOTE: Reports. Deadline.>> Not later than 120 days after the 
date of enactment of this Act, the Secretary of Homeland Security shall 
report to the Committees on Appropriations of the Senate and the House 
of Representatives on the progress that the Department has made in 
implementing the requirements of this section and of section 537 of the 
Department of Homeland Security Appropriations Act, 2006 (Public Law 
109-90; 119 Stat. 2088).

    (c) <<NOTE: Reports. Deadline.>> Not later than one year from the 
date of enactment of this Act, the Government Accountability Office 
shall report to the Committees on Appropriations of the Senate and the 
House of Representatives on DHS progress and procedures in implementing 
the requirements of this section.

    (d) That in civil proceedings in the United States District Courts, 
where a party seeking access to SSI demonstrates that the party has 
substantial need of relevant SSI in the preparation of the party's case 
and that the party is unable without undue hardship to obtain the 
substantial equivalent of the information by other means, the party or 
party's counsel shall be designated as a covered person under 49 CFR 
Part 1520.7 in order to have access to the SSI at issue in the case, 
provided that the overseeing judge enters an order that protects the SSI 
from unauthorized or unnecessary disclosure and specifies the terms and 
conditions of access, unless upon completion of a criminal history check 
and terrorist assessment like that done for aviation workers on the 
persons seeking access to SSI, or based on the sensitivity of the 
information, the Transportation Security Administration or DHS 
demonstrates that such access to the information for the proceeding 
presents a risk of harm to the nation: Provided, That notwithstanding 
any other provision of law, an order granting access to SSI under this 
section shall be immediately appealable to the United States Courts of 
Appeals, which shall have plenary review over both the evidentiary 
finding and the sufficiency of the order specifying the terms and 
conditions of access to the SSI in question: Provided further, That 
notwithstanding any other provision of law, the Secretary may assess a 
civil penalty of up to $50,000 for each violation of 49 CFR Part 1520 by 
persons provided access to SSI under this provision.
    Sec. 526. <<NOTE: 31 USC 501 note.>> The Department of Homeland 
Security Working Capital Fund, established, pursuant to  section 403 of 
Public Law 103-356 (31 U.S.C. 501 note), shall continue operations 
during fiscal year 2007.

[[Page 120 STAT. 1383]]

    Sec. 527. Rescission. Of the unobligated balances from prior year 
appropriations made available for the ``Counterterrorism Fund'', 
$16,000,000 are rescinded.
    Sec. 528. <<NOTE: Reports. Deadline. Disaster assistance.>> (a) The 
report required by Public Law 109-62 and Public Law 109-90 detailing the 
allocation and obligation of funds for ``Disaster Relief'' shall 
hereafter be submitted monthly and include: (1) status of the Disaster 
Relief Fund (DRF) including obligations, allocations, and amounts 
undistributed/unallocated; (2) allocations, obligations, and 
expenditures for Hurricanes Katrina, Rita, and Wilma; (3) information on 
national flood insurance claims; (4) information on manufactured housing 
data; (5) information on hotel/motel data; (6) obligations, allocations 
and expenditures by State for unemployment, crisis counseling, 
inspections, housing assistance, manufactured housing, public assistance 
and individual assistance; (7) mission assignment obligations by agency, 
including: (i) the amounts reimbursed to other agencies that are in 
suspense because FEMA has not yet reviewed and approved the 
documentation supporting the expenditure; and (ii) a disclaimer if the 
amounts of reported obligations and expenditures do not reflect the 
status of such obligations and expenditures from a government-wide 
perspective; (8) the amount of credit card purchases by agency and 
mission assignment; (9) specific reasons for all waivers granted and a 
description of each waiver; and (10) a list of all contracts that were 
awarded on a sole source or limited competition basis, including the 
dollar amount, the purpose of the contract and the reason for the lack 
of competitive award.

    (b) <<NOTE: Reports. Deadline.>> The Secretary of Homeland Security 
shall at least quarterly obtain and report from agencies performing 
mission assignments each such agency's actual obligation and expenditure 
data.

    (c) For any request for reimbursement from a Federal agency to the 
Department of Homeland Security to cover expenditures under the Stafford 
Act (42 U.S.C. 5121 et seq.), or any mission assignment orders issued by 
the Department of Homeland Security for such purposes, the Secretary of 
Homeland Security shall take appropriate steps to ensure that each 
agency is periodically reminded of Department of Homeland Security 
policies on--
            (1) the detailed information required in supporting 
        documentation for reimbursements, and
            (2) the necessity for timeliness of agency billings.

    Sec. 529. Rescission. Of the unobligated balances from prior year 
appropriations made available for Science and Technology, $125,000,000 
from ``Research, Development, Acquisition, and Operations'' are 
rescinded.
    Sec. 530. None of the funds made available in this Act may be used 
to enforce section 4025(1) of Public Law 108-458 if the Assistant 
Secretary (Transportation Security Administration) determines that 
butane lighters are not a significant threat to civil aviation security: 
Provided, <<NOTE: Notification. Reports. Deadline.>> That the Assistant 
Secretary (Transportation Security Administration) shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives 15 days in advance of such determination including a 
report on whether the effectiveness of screening operations is enhanced 
by suspending enforcement of the prohibition.

    Sec. 531. <<NOTE: Reports. Deadline.>> Within 45 days after the 
close of each month, the Chief Financial Officer of the Department of 
Homeland Security shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a monthly budget and 
staffing

[[Page 120 STAT. 1384]]

report that includes total obligations and on-board versus funded full-
time equivalent staffing levels.

    Sec. 532. (a) United States Secret Service Use of Proceeds Derived 
From Criminal Investigations.--During fiscal year 2007, with respect to 
any undercover investigative operation of the United States Secret 
Service (hereafter referred to in this section as the ``Secret 
Service'') that is necessary for the detection and prosecution of crimes 
against the United States--
            (1) sums appropriated for the Secret Service, including 
        unobligated balances available from prior fiscal years, may be 
        used for purchasing property, buildings, and other facilities, 
        and for leasing space, within the United States, the District of 
        Columbia, and the territories and possessions of the United 
        States, without regard to sections 1341 and 3324 of title 31, 
        United States Code, section 8141 of title 40, United States 
        Code, sections 3732(a) and 3741 of the Revised Statutes of the 
        United States (41 U.S.C. 11(a) and 22), and sections 304(a) and 
        305 of the Federal Property and Administrative Services Act of 
        1949 (41 U.S.C 254(a) and 255);
            (2) sums appropriated for the Secret Service, including 
        unobligated balances available from prior fiscal years, may be 
        used to establish or to acquire proprietary corporations or 
        business entities as part of such undercover operation, and to 
        operate such corporations or business entities on a commercial 
        basis, without regard to sections 9102 and 9103 of title 31, 
        United States Code;
            (3) sums appropriated for the Secret Service, including 
        unobligated balances available from prior fiscal years and the 
        proceeds from such undercover operation, may be deposited in 
        banks or other financial institutions, without regard to section 
        648 of title 18, and section 3302 of title 31, United States 
        Code; and
            (4) proceeds from such undercover operation may be used to 
        offset necessary and reasonable expenses incurred in such 
        operation, without regard to section 3302 of title 31, United 
        States Code.

    (b) Written Certification.--The authority set forth in subsection 
(a) may be exercised only upon the written certification of the Director 
of the Secret Service or designee that any action authorized by any 
paragraph of such subsection is necessary for the conduct of an 
undercover investigative operation. Such certification shall continue in 
effect for the duration of such operation, without regard to fiscal 
years.
    (c) Deposit of Proceeds in Treasury.--As soon as practicable after 
the proceeds from an undercover investigative operation with respect to 
which an action is authorized and carried out under paragraphs (3) and 
(4) of subsection (a) are no longer necessary for the conduct of such 
operation, such proceeds or the balance of such proceeds remaining at 
the time shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    (d) Reporting and Deposit of Proceeds Upon Disposition of Certain 
Business Entities.--If a corporation or business entity established or 
acquired as part of an undercover investigative operation under 
paragraph (2) of subsection (a) with a net value of over $50,000 is to 
be liquidated, sold, or otherwise disposed of, the Secret Service, as 
much in advance as the Director or designee

[[Page 120 STAT. 1385]]

determines is practicable, shall report the circumstance to the 
Secretary of Homeland Security. The proceeds of the liquidation, sale, 
or other disposition, after obligations are met, shall be deposited in 
the Treasury of the United States as miscellaneous receipts.
    (e) Financial Audits and Reports.--
            (1) The Secret Service shall conduct detailed financial 
        audits of closed undercover investigative operations for which a 
        written certification was made pursuant to subsection (b) on a 
        quarterly basis and shall report the results of the audits in 
        writing to the Secretary of Homeland Security.
            (2) The Secretary of Homeland Security shall annually submit 
        to the Committees on Appropriations of the Senate and House of 
        Representatives, at the time that the President's budget is 
        submitted under section 1105(a) of title 31, a summary of such 
        audits.

    Sec. 533. The Director of the Domestic Nuclear Detection Office 
shall operate extramural and intramural research, development, 
demonstrations, testing and evaluation programs so as to distribute 
funding through grants, cooperative agreements, other transactions and 
contracts.
    Sec. 534. <<NOTE: Mississippi. Louisiana.>> Notwithstanding any 
other provision of law, the Secretary of Homeland Security shall 
consider the Hancock County Port and Harbor Commission in Mississippi 
eligible under the Federal Emergency Management Agency Public Assistance 
Program for all costs incurred for dredging from navigation channel in 
Little Lake, Louisiana, sediment deposited as a result of Hurricane 
George in 1998: Provided, That the appropriate Federal share shall apply 
to approval of this project.

    Sec. 535. <<NOTE: Canada. Drugs.>> None of the funds made available 
in this Act for United States Customs and Border Protection may be used 
to prevent an individual not in the business of importing a prescription 
drug (within the meaning of section 801(g) of the Federal Food, Drug, 
and Cosmetic Act) from importing a prescription drug from Canada that 
complies with the Federal Food, Drug, and Cosmetic Act: Provided, That 
this section shall apply only to individuals transporting on their 
person a personal-use quantity of the prescription drug, not to exceed a 
90-day supply: Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).

    Sec. 536. The Department of Homeland Security shall, in approving 
standards for State and local emergency preparedness operational plans 
under section 613(b)(3) of the Robert T. Stafford Disaster and Emergency 
Assistance Act (42 U.S.C. 5196b(b)(3)), account for the needs of 
individuals with household pets and service animals before, during, and 
following a major disaster or emergency: Provided, That Federal agencies 
may provide assistance as described in section 403(a) of the Robert T. 
Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5170b(a)) to 
carry out the plans described in the previous proviso.
    Sec. 537. Rescission. From the unobligated balances from prior year 
appropriations made available for Transportation Security Administration 
``Aviation Security'' and ``Headquarters Administration'', $4,776,000 
are rescinded.

[[Page 120 STAT. 1386]]

    Sec. 538. Rescission. From the unobligated balances from prior year 
appropriations made available for Transportation Security Administration 
``Aviation Security'', $61,936,000 are rescinded.
    Sec. 539. Rescission. From the unexpended balances of the United 
States Coast Guard ``Acquisition, Construction, and Improvements'' 
account specifically identified in the Joint Explanatory Statement 
(House Report 109-241) accompanying the Department of Homeland Security 
Act, 2006 (Public Law 109-90) for the development of the Offshore Patrol 
Cutter, $20,000,000 are rescinded.
    Sec. 540. Rescission. From the unexpended balances of the United 
States Coast Guard ``Acquisition, Construction, and Improvements'' 
account specifically identified in the Joint Explanatory Statement 
(House Report 109-241) accompanying the Department of Homeland Security 
Act, 2006 (Public Law 109-90) for the Automatic Identification System, 
$4,100,000 are rescinded.
    Sec. 541. Notwithstanding the requirements of section 404(b)(2)(B) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 
the Army Corps of Engineers may use Lot 19, Block 1 of the Meadowview 
Acres Addition and Lot 8, Block 5 of the Meadowview Acres Addition in 
Augusta, Kansas, for building portions of the flood-control levee.
    Sec. 542. Notwithstanding any time limitation established for a 
grant awarded under title I, chapter 6, Public Law 106-31, in the item 
relating to Federal Emergency Management Agency--Disaster Assistance for 
Unmet Needs, the City of Cuero, Texas, may use funds received under such 
grant program until September 30, 2007.
    Sec. 543. None of the funds made available by this Act shall be used 
in contravention of the Federal buildings performance and reporting 
requirements of Executive Order No. 13123, part 3 of title V of the 
National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), or 
subtitle A of title I of the Energy Policy Act of 2005 (including the 
amendments made thereby).
    Sec. 544. The Federal Law Enforcement Training Center instructor 
staff shall be classified as inherently governmental for the purpose of 
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note).
    Sec. 545. None of the funds made available in this Act may be used 
in contravention of section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212).
    Sec. 546. Section 7209(b)(1) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
note) is amended by striking from ``(1) Development of plan.--The 
Secretary'' through ``7208(k)).'' and inserting the following:
            ``(1) Development of plan and implementation.--
                    ``(A) The Secretary of Homeland Security, in 
                consultation with the Secretary of State, shall develop 
                and implement a plan as expeditiously as possible to 
                require a passport or other document, or combination of 
                documents, deemed by the Secretary of Homeland Security 
                to be sufficient to denote identity and citizenship, for 
                all travel into the United States by United States 
                citizens and by categories of individuals for whom 
                documentation requirements have previously been waived 
                under section 212(d)(4)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 
                1182(d)(4)(B)). <<NOTE: Deadline.>> This plan shall be 
                implemented not

[[Page 120 STAT. 1387]]

                later than three months after the Secretary of State and 
                the Secretary of Homeland Security make the 
                certifications required in subsection (B), or June 1, 
                2009, whichever is earlier. The plan shall seek to 
                expedite the travel of frequent travelers, including 
                those who reside in border communities, and in doing so, 
                shall make readily available a registered traveler 
                program (as described in section 7208(k)).
                    ``(B) <<NOTE: Certification.>> The Secretary of 
                Homeland Security and the Secretary of State shall 
                jointly certify to the Committees on Appropriations of 
                the Senate and the House of Representatives that the 
                following criteria have been met prior to implementation 
                of section 7209(b)(1)(A)--
                          ``(i) the National Institute of Standards and 
                      Technology certifies that the Departments of 
                      Homeland Security and State have selected a card 
                      architecture that meets or exceeds International 
                      Organization for Standardization (ISO) security 
                      standards and meets or exceeds best available 
                      practices for protection of personal 
                      identification documents: Provided, That the 
                      National Institute of Standards and Technology 
                      shall also assist the Departments of Homeland 
                      Security and State to incorporate into the 
                      architecture of the card the best available 
                      practices to prevent the unauthorized use of 
                      information on the card: Provided further, That to 
                      facilitate efficient cross-border travel, the 
                      Departments of Homeland Security and State shall, 
                      to the maximum extent possible, develop an 
                      architecture that is compatible with information 
                      technology systems and infrastructure used by 
                      United States Customs and Border Protection;
                          ``(ii) the technology to be used by the United 
                      States for the passport card, and any subsequent 
                      change to that technology, has been shared with 
                      the governments of Canada and Mexico;
                          ``(iii) an agreement has been reached with the 
                      United States Postal Service on the fee to be 
                      charged individuals for the passport card, and a 
                      detailed justification has been submitted to the 
                      Committees on Appropriations of the Senate and the 
                      House of Representatives;
                          ``(iv) an alternative procedure has been 
                      developed for groups of children traveling across 
                      an international border under adult supervision 
                      with parental consent;
                          ``(v) the necessary technological 
                      infrastructure to process the passport cards has 
                      been installed, and all employees at ports of 
                      entry have been properly trained in the use of the 
                      new technology;
                          ``(vi) the passport card has been made 
                      available for the purpose of international travel 
                      by United States citizens through land and sea 
                      ports of entry between the United States and 
                      Canada, Mexico, the Caribbean and Bermuda; and
                          ``(vii) a single implementation date for sea 
                      and land borders has been established.''.

    Sec. 547. None of the funds made available in this Act may be used 
to award any contract for major disaster or emergency

[[Page 120 STAT. 1388]]

assistance activities under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act except in accordance with section 307 of such 
Act (42 U.S.C. 5150).
    Sec. 548. None of the funds made available in the Act may be used to 
reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics, LLC (or both) 
for attorneys fees related to pending litigation against Local 30 of the 
International Union of Operating Engineers.
    Sec. 549. Notwithstanding any other provision of law, the 
acquisition management system of the Transportation Security 
Administration shall be subject to the provisions of the Small Business 
Act (15 U.S.C. 631 et seq.).
    Sec. 550. (a) <<NOTE: Regulations. Deadline. 6 USC 121 note.>> No 
later than six months after the date of enactment of this Act, the 
Secretary of Homeland Security shall issue interim final regulations 
establishing risk-based performance standards for security of chemical 
facilities and requiring vulnerability assessments and the development 
and implementation of site security plans for chemical facilities: 
Provided, That such regulations shall apply to chemical facilities that, 
in the discretion of the Secretary, present high levels of security 
risk: Provided further, That such regulations shall permit each such 
facility, in developing and implementing site security plans, to select 
layered security measures that, in combination, appropriately address 
the vulnerability assessment and the risk-based performance standards 
for security for the facility: Provided further, That the Secretary may 
not disapprove a site security plan submitted under this section based 
on the presence or absence of a particular security measure, but the 
Secretary may disapprove a site security plan if the plan fails to 
satisfy the risk-based performance standards established by this 
section: Provided further, That the Secretary may approve alternative 
security programs established by private sector entities, Federal, 
State, or local authorities, or other applicable laws if the Secretary 
determines that the requirements of such programs meet the requirements 
of this section and the interim regulations: Provided further, That the 
Secretary shall review and approve each vulnerability assessment and 
site security plan required under this section: Provided further, That 
the Secretary shall not apply regulations issued pursuant to this 
section to facilities regulated pursuant to the Maritime Transportation 
Security Act of 2002, Public Law 107-295, as amended; Public Water 
Systems, as defined by section 1401 of the Safe Drinking Water Act, 
Public Law 93-523, as amended; Treatment Works as defined in section 212 
of the Federal Water Pollution Control Act, Public Law 92-500, as 
amended; any facility owned or operated by the Department of Defense or 
the Department of Energy, or any facility subject to regulation by the 
Nuclear Regulatory Commission.

    (b) <<NOTE: Termination date. Regulations.>> Interim regulations 
issued under this section shall apply until the effective date of 
interim or final regulations promulgated under other laws that establish 
requirements and standards referred to in subsection (a) and expressly 
supersede this section: Provided, That the authority provided by this 
section shall terminate three years after the date of enactment of this 
Act.

    (c) Notwithstanding any other provision of law and subsection (b), 
information developed under this section, including vulnerability 
assessments, site security plans, and other security related 
information, records, and documents shall be given protections from 
public disclosure consistent with similar information developed by 
chemical facilities subject to regulation under section 70103 of title

[[Page 120 STAT. 1389]]

46, United States Code: Provided, That this subsection does not prohibit 
the sharing of such information, as the Secretary deems appropriate, 
with State and local government officials possessing the necessary 
security clearances, including law enforcement officials and first 
responders, for the purpose of carrying out this section, provided that 
such information may not be disclosed pursuant to any State or local 
law: Provided further, That in any proceeding to enforce this section, 
vulnerability assessments, site security plans, and other information 
submitted to or obtained by the Secretary under this section, and 
related vulnerability or security information, shall be treated as if 
the information were classified material.
    (d) Any person who violates an order issued under this section shall 
be liable for a civil penalty under section 70119(a) of title 46, United 
States Code: Provided, That nothing in this section confers upon any 
person except the Secretary a right of action against an owner or 
operator of a chemical facility to enforce any provision of this 
section.
    (e) The Secretary of Homeland Security shall audit and inspect 
chemical facilities for the purposes of determining compliance with the 
regulations issued pursuant to this section.
    (f) Nothing in this section shall be construed to supersede, amend, 
alter, or affect any Federal law that regulates the manufacture, 
distribution in commerce, use, sale, other treatment, or disposal of 
chemical substances or mixtures.
    (g) If the Secretary determines that a chemical facility is not in 
compliance with this section, the Secretary shall provide the owner or 
operator with written notification (including a clear explanation of 
deficiencies in the vulnerability assessment and site security plan) and 
opportunity for consultation, and issue an order to comply by such date 
as the Secretary determines to be appropriate under the circumstances: 
Provided, That if the owner or operator continues to be in 
noncompliance, the Secretary may issue an order for the facility to 
cease operation, until the owner or operator complies with the order.
    Sec. 551. (a) Construction of Border Tunnel or Passage.--Chapter 27 
of title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 554. Border tunnels and passages

    ``(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by Immigration 
and Customs Enforcement, shall be fined under this title and imprisoned 
for not more than 20 years.
    ``(b) Any person who knows or recklessly disregards the construction 
or use of a tunnel or passage described in subsection (a) on land that 
the person owns or controls shall be fined under this title and 
imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation of 
section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organization 
(as defined in section 2339B(g)(6)) shall be subject to a maximum term 
of imprisonment that is twice the maximum term of

[[Page 120 STAT. 1390]]

imprisonment that would have otherwise been applicable had the unlawful 
activity not made use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 554. Border tunnels and passages.''.

    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ``554,'' before ``1425,''.
    (d) <<NOTE: 28 USC 994 note.>> Directive to the United States 
Sentencing Commission.--
            (1) In general.--Pursuant to its authority under section 994 
        of title 28, United States Code, and in accordance with this 
        subsection, the United States Sentencing Commission shall 
        promulgate or amend sentencing guidelines to provide for 
        increased penalties for persons convicted of offenses described 
        in section 554 of title 18, United States Code, as added by 
        subsection (a).
            (2) Requirements.--In carrying out this subsection, the 
        United States Sentencing Commission shall--
                    (A) ensure that the sentencing guidelines, policy 
                statements, and official commentary reflect the serious 
                nature of the offenses described in section 554 of title 
                18, United States Code, and the need for aggressive and 
                appropriate law enforcement action to prevent such 
                offenses;
                    (B) provide adequate base offense levels for 
                offenses under such section;
                    (C) account for any aggravating or mitigating 
                circumstances that might justify exceptions, including--
                          (i) the use of a tunnel or passage described 
                      in subsection (a) of such section to facilitate 
                      other felonies; and
                          (ii) the circumstances for which the 
                      sentencing guidelines currently provide applicable 
                      sentencing enhancements;
                    (D) ensure reasonable consistency with other 
                relevant directives, other sentencing guidelines, and 
                statutes;
                    (E) make any necessary and conforming changes to the 
                sentencing guidelines and policy statements; and
                    (F) ensure that the sentencing guidelines adequately 
                meet the purposes of sentencing set forth in section 
                3553(a)(2) of title 18, United States Code.

    Sec. 552. The Secretary of Homeland Security may not take any action 
to alter or reduce operations within the Civil Engineering Program of 
the Coast Guard nationwide, including the civil engineering units, 
facilities, design and construction centers, the Coast Guard Academy, 
and the Coast Guard Research and Development Center until the Committees 
on Appropriations of the Senate and the House of Representatives receive 
and approve a plan on changes to the Civil Engineering Program of the 
Coast Guard: Provided, That the plan shall include a description of the 
current functions of the Civil Engineering Program and a description of 
any proposed modifications of such functions and of any proposed 
modification of personnel and offices, including the rationale for such 
modification; an assessment of the costs and benefits of such 
modification; any proposed alternatives to such modification; and

[[Page 120 STAT. 1391]]

the processes utilized by the Coast Guard and the Office of Management 
and Budget to analyze and assess such modification.
    Sec. 553. None of the funds made available by this Act may be used 
to take an action that would violate Executive Order No. 13149 (65 Fed. 
Reg. 24607; relating to greening the government through Federal fleet 
and transportation efficiency).
    Sec. 554. (a) The Transportation Security Administration shall 
require each air carrier and foreign air carrier that provides air 
transportation or intrastate air transportation to submit plans to the 
Transportation Security Administration on how such air carrier will 
participate in the voluntary provision of emergency services program 
established by section 44944(a) of title 49, United States Code.
    (b)(1) <<NOTE: Reports. Deadline.>> Not more than 90 days after the 
date of the enactment of this Act, the Transportation Security 
Administration shall prepare a report that contains the following:
            (A) Procedures that qualified individuals need to follow in 
        order to participate in the program described in subsection (a).
            (B) Relevant contacts for individuals interested in 
        participating in the program described in subsection (a).

    (2) The Transportation Security Administration shall make the report 
required by paragraph (1) available, by Internet web site or other 
appropriate method, to the following:
            (A) The Congress.
            (B) The emergency response agency of each State.
            (C) The relevant organizations representing individuals to 
        participate in the program.

    Sec. 555. <<NOTE: Reports. Deadline.>>  Not later than 90 days after 
the date of enactment of this Act, the Director of the Federal Emergency 
Management Agency in conjunction with the Director of the National 
Institute of Standards and Technology shall submit a report to the 
Committees on Appropriations of the Senate and the House of 
Representatives outlining Federal earthquake response plans for high-
risk earthquake regions in the United States as determined by the United 
States Geological Survey.

    Sec. 556. <<NOTE: Deadline. Procedures. 6 USC 485 note.>> Not later 
than six months after the date of enactment of this Act, the Secretary 
of Homeland Security shall establish revised procedures for 
expeditiously clearing individuals whose names have been mistakenly 
placed on a terrorist database list or who have names identical or 
similar to individuals on a terrorist database list. The Secretary shall 
advise Congress of the procedures established.

    Sec. 557. Title VII of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the 
end the following:

``SEC. 706. <<NOTE: 42 USC 5207.>> FIREARMS POLICIES.

    ``(a) Prohibition on Confiscation of Firearms.--No officer or 
employee of the United States (including any member of the uniformed 
services), or person operating pursuant to or under color of Federal 
law, or receiving Federal funds, or under control of any Federal 
official, or providing services to such an officer, employee, or other 
person, while acting in support of relief from a major disaster or 
emergency, may--
            ``(1) temporarily or permanently seize, or authorize seizure 
        of, any firearm the possession of which is not prohibited under

[[Page 120 STAT. 1392]]

        Federal, State, or local law, other than for forfeiture in 
        compliance with Federal law or as evidence in a criminal 
        investigation;
            ``(2) require registration of any firearm for which 
        registration is not required by Federal, State, or local law;
            ``(3) prohibit possession of any firearm, or promulgate any 
        rule, regulation, or order prohibiting possession of any 
        firearm, in any place or by any person where such possession is 
        not otherwise prohibited by Federal, State, or local law; or
            ``(4) prohibit the carrying of firearms by any person 
        otherwise authorized to carry firearms under Federal, State, or 
        local law, solely because such person is operating under the 
        direction, control, or supervision of a Federal agency in 
        support of relief from the major disaster or emergency.

    ``(b) Limitation.--Nothing in this section shall be construed to 
prohibit any person in subsection (a) from requiring the temporary 
surrender of a firearm as a condition for entry into any mode of 
transportation used for rescue or evacuation during a major disaster or 
emergency, provided that such temporarily surrendered firearm is 
returned at the completion of such rescue or evacuation.
    ``(c) Private Rights of Action.--
            ``(1) In general.--Any individual aggrieved by a violation 
        of this section may seek relief in an action at law, suit in 
        equity, or other proper proceeding for redress against any 
        person who subjects such individual, or causes such individual 
        to be subjected, to the deprivation of any of the rights, 
        privileges, or immunities secured by this section.
            ``(2) Remedies.--In addition to any existing remedy in law 
        or equity, under any law, an individual aggrieved by the seizure 
        or confiscation of a firearm in violation of this section may 
        bring an action for return of such firearm in the United States 
        district court in the district in which that individual resides 
        or in which such firearm may be found.
            ``(3) Attorney fees.--In any action or proceeding to enforce 
        this section, the court shall award the prevailing party, other 
        than the United States, a reasonable attorney's fee as part of 
        the costs.''.

    Sec. 558. <<NOTE: 6 USC 981a.>> Pilot Integrated Scanning System. 
(a) Designations.--
            (1) In general. <<NOTE: Deadline.>> --Not later than 90 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security (referred to in this section as the 
        ``Secretary'') shall designate three foreign seaports through 
        which containers pass or are transshipped to the United States 
        to pilot an integrated scanning system that couples nonintrusive 
        imaging equipment and radiation detection equipment, which may 
        be provided by the Megaports Initiative of the Department of 
        Energy. In making designations under this subsection, the 
        Secretary shall consider three distinct ports with unique 
        features and differing levels of trade volume.
            (2) Collaboration and cooperation.--The Secretary shall 
        collaborate with the Secretary of Energy and cooperate with the 
        private sector and host foreign government to implement the 
        pilot program under this subsection.

    (b) Implementation. <<NOTE: Deadline.>> --Not later than one year 
after the date of the enactment of this Act, the Secretary shall achieve 
a full-

[[Page 120 STAT. 1393]]

scale implementation of the pilot integrated screening system, which 
shall--
            (1) scan all containers destined for the United States that 
        transit through the terminal;
            (2) electronically transmit the images and information to 
        the container security initiative personnel in the host country 
        and/or Customs and Border Protection personnel in the United 
        States for evaluation and analysis;
            (3) resolve every radiation alarm according to established 
        Department procedures;
            (4) utilize the information collected to enhance the 
        Automated Targeting System or other relevant programs; and
            (5) store the information for later retrieval and analysis.

    (c) Evaluation.--The Secretary shall evaluate the pilot program in 
subsection (b) to determine whether such a system--
            (1) has a sufficiently low false alarm rate for use in the 
        supply chain;
            (2) is capable of being deployed and operated at ports 
        overseas, including consideration of cost, personnel, and 
        infrastructure required to operate the system;
            (3) is capable of integrating, where necessary, with 
        existing systems;
            (4) does not significantly impact trade capacity and flow of 
        cargo at foreign or United States ports; and
            (5) provides an automated notification of questionable or 
        high-risk cargo as a trigger for further inspection by 
        appropriately trained personnel.

    (d) Report.--Not later than 120 days after achieving full-scale 
implementation under subsection (b), the Secretary, in consultation with 
the Secretary of Energy and the Secretary of State, shall submit a 
report, to the appropriate congressional committees, that includes--
            (1) an evaluation of the lessons derived from the pilot 
        program implemented under this section;
            (2) an analysis of the efficacy of the Automated Targeted 
        System or other relevant programs in utilizing the images 
        captured to examine high-risk containers;
            (3) an evaluation of software that is capable of 
        automatically identifying potential anomalies in scanned 
        containers; and
            (4) a plan and schedule to expand the integrated scanning 
        system developed under this section to other container security 
        initiative ports.

    (e) Implementation.--If the Secretary determines the available 
technology meets the criteria outlined in subsection (c), the Secretary, 
in cooperation with the Secretary of State, shall seek to secure the 
cooperation of foreign governments to initiate and maximize the use of 
such technology at foreign ports to scan all cargo bound for the United 
States as quickly as possible.
    Sec. 559. (a) Rescission.--From the unexpended balances of the 
United States Secret Service ``Salaries and Expenses'' account 
specifically identified in the Joint Explanatory Statement (House Report 
109-241) accompanying the Department of Homeland Security Act, 2006 
(Public Law 109-90) for National Special Security Events, $2,500,000 are 
rescinded.
    (b) Additional Appropriation.--For necessary expenses of the United 
States Secret Service ``Protection, Administration, and

[[Page 120 STAT. 1394]]

Training'', there is appropriated an additional $2,500,000, to remain 
available until expended for National Special Security Events.
    Sec. 560. Transfer authority contained in section 505 of the 
Homeland Security Act, as amended by title VI of this Act, shall be used 
in accordance with the provisions of section 1531(a)(2) of title 31, 
United States Code.

    TITLE VI <<NOTE: Post-Katrina Emergency Management Reform Act of 
2006.>> --NATIONAL EMERGENCY MANAGEMENT

SEC. 601. <<NOTE: 6 USC 701 note.>> SHORT TITLE.

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

SEC. 602. <<NOTE: 6 USC 701.>> DEFINITIONS.

    In this title--
            (1) the term ``Administrator'' means the Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
            (3) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) those committees of the House of Representatives 
                that the Speaker of the House of Representatives 
                determines appropriate;
            (4) the term ``catastrophic incident'' means any natural 
        disaster, act of terrorism, or other man-made disaster that 
        results in extraordinary levels of casualties or damage or 
        disruption severely affecting the population (including mass 
        evacuations), infrastructure, environment, economy, national 
        morale, or government functions in an area;
            (5) the term ``Department'' means the Department of Homeland 
        Security;
            (6) the terms ``emergency'' and ``major disaster'' have the 
        meanings given the terms in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122);
            (7) the term ``emergency management'' means the governmental 
        function that coordinates and integrates all activities 
        necessary to build, sustain, and improve the capability to 
        prepare for, protect against, respond to, recover from, or 
        mitigate against threatened or actual natural disasters, acts of 
        terrorism, or other man-made disasters;
            (8) the term ``emergency response provider'' has the meaning 
        given the term in section 2 of the Homeland Security Act of 2002 
        (6 U.S.C. 101), as amended by this Act;
            (9) the term ``Federal coordinating officer'' means a 
        Federal coordinating officer as described in section 302 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5143);
            (10) the term ``individual with a disability'' has the 
        meaning given the term in section 3 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102);

[[Page 120 STAT. 1395]]

            (11) the terms ``local government'' and ``State'' have the 
        meaning given the terms in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101);
            (12) the term ``National Incident Management System'' means 
        a system to enable effective, efficient, and collaborative 
        incident management;
            (13) the term ``National Response Plan'' means the National 
        Response Plan or any successor plan prepared under section 
        502(a)(6) of the Homeland Security Act of 2002 (as amended by 
        this Act);
            (14) the term ``Secretary'' means the Secretary of Homeland 
        Security;
            (15) the term ``surge capacity'' means the ability to 
        rapidly and substantially increase the provision of search and 
        rescue capabilities, food, water, medicine, shelter and housing, 
        medical care, evacuation capacity, staffing (including disaster 
        assistance employees), and other resources necessary to save 
        lives and protect property during a catastrophic incident; and
            (16) the term ``tribal government'' means the government of 
        an Indian tribe or authorized tribal organization, or in Alaska 
        a Native village or Alaska Regional Native Corporation.

             Subtitle A--Federal Emergency Management Agency

SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

    Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) 
is amended--
            (1) by striking the title heading and inserting the 
        following:

               ``TITLE V--NATIONAL EMERGENCY MANAGEMENT'';

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

``SEC. 501. DEFINITIONS.

    ``In this title--
            ``(1) the term `Administrator' means the Administrator of 
        the Agency;

[[Page 120 STAT. 1396]]

            ``(2) the term `Agency' means the Federal Emergency 
        Management Agency;
            ``(3) the term `catastrophic incident' means any natural 
        disaster, act of terrorism, or other man-made disaster that 
        results in extraordinary levels of casualties or damage or 
        disruption severely affecting the population (including mass 
        evacuations), infrastructure, environment, economy, national 
        morale, or government functions in an area;
            ``(4) the term `Federal coordinating officer' means a 
        Federal coordinating officer as described in section 302 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5143);
            ``(5) the term `interoperable' has the meaning given the 
        term `interoperable communications' under section 7303(g)(1) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 194(g)(1));
            ``(6) the term `National Incident Management System' means a 
        system to enable effective, efficient, and collaborative 
        incident management;
            ``(7) the term `National Response Plan' means the National 
        Response Plan or any successor plan prepared under section 
        502(a)(6);
            ``(8) the term `Regional Administrator' means a Regional 
        Administrator appointed under section 507;
            ``(9) the term `Regional Office' means a Regional Office 
        established under section 507;
            ``(10) the term `surge capacity' means the ability to 
        rapidly and substantially increase the provision of search and 
        rescue capabilities, food, water, medicine, shelter and housing, 
        medical care, evacuation capacity, staffing (including disaster 
        assistance employees), and other resources necessary to save 
        lives and protect property during a catastrophic incident; and
            ``(11) the term `tribal government' means the government of 
        any entity described in section 2(10)(B).'';
            (11) by inserting after section 502, as redesignated and 
        transferred by paragraph (9) of this section, the following:

``SEC. 503. <<NOTE: 6 USC 313.>> FEDERAL EMERGENCY MANAGEMENT AGENCY.

    ``(a) In General.--There is in the Department the Federal Emergency 
Management Agency, headed by an Administrator.
    ``(b) Mission.--
            ``(1) Primary mission.--The primary mission of the Agency is 
        to reduce the loss of life and property and protect the Nation 
        from all hazards, including natural disasters, acts of 
        terrorism, and other man-made disasters, by leading and 
        supporting the Nation in a risk-based, comprehensive emergency 
        management system of preparedness, protection, response, 
        recovery, and mitigation.
            ``(2) Specific activities.--In support of the primary 
        mission of the Agency, the Administrator shall--
                    ``(A) lead the Nation's efforts to prepare for, 
                protect against, respond to, recover from, and mitigate 
                against the risk of natural disasters, acts of 
                terrorism, and other man-made disasters, including 
                catastrophic incidents;
                    ``(B) partner with State, local, and tribal 
                governments and emergency response providers, with other 
                Federal

[[Page 120 STAT. 1397]]

                agencies, with the private sector, and with 
                nongovernmental organizations to build a national system 
                of emergency management that can effectively and 
                efficiently utilize the full measure of the Nation's 
                resources to respond to natural disasters, acts of 
                terrorism, and other man-made disasters, including 
                catastrophic incidents;
                    ``(C) develop a Federal response capability that, 
                when necessary and appropriate, can act effectively and 
                rapidly to deliver assistance essential to saving lives 
                or protecting or preserving property or public health 
                and safety in a natural disaster, act of terrorism, or 
                other man-made disaster;
                    ``(D) integrate the Agency's emergency preparedness, 
                protection, response, recovery, and mitigation 
                responsibilities to confront effectively the challenges 
                of a natural disaster, act of terrorism, or other man-
                made disaster;
                    ``(E) develop and maintain robust Regional Offices 
                that will work with State, local, and tribal 
                governments, emergency response providers, and other 
                appropriate entities to identify and address regional 
                priorities;
                    ``(F) under the leadership of the Secretary, 
                coordinate with the Commandant of the Coast Guard, the 
                Director of Customs and Border Protection, the Director 
                of Immigration and Customs Enforcement, the National 
                Operations Center, and other agencies and offices in the 
                Department to take full advantage of the substantial 
                range of resources in the Department;
                    ``(G) provide funding, training, exercises, 
                technical assistance, planning, and other assistance to 
                build tribal, local, State, regional, and national 
                capabilities (including communications capabilities), 
                necessary to respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                    ``(H) develop and coordinate the implementation of a 
                risk-based, all-hazards strategy for preparedness that 
                builds those common capabilities necessary to respond to 
                natural disasters, acts of terrorism, and other man-made 
                disasters while also building the unique capabilities 
                necessary to respond to specific types of incidents that 
                pose the greatest risk to our Nation.

    ``(c) Administrator.--
            ``(1) In general.--The Administrator shall be appointed by 
        the President, by and with the advice and consent of the Senate.
            ``(2) Qualifications.--The Administrator shall be appointed 
        from among individuals who have--
                    ``(A) a demonstrated ability in and knowledge of 
                emergency management and homeland security; and
                    ``(B) not less than 5 years of executive leadership 
                and management experience in the public or private 
                sector.
            ``(3) Reporting.--The Administrator shall report to the 
        Secretary, without being required to report through any other 
        official of the Department.
            ``(4) Principal advisor on emergency management.--
                    ``(A) In general.--The Administrator is the 
                principal advisor to the President, the Homeland 
                Security Council,

[[Page 120 STAT. 1398]]

                and the Secretary for all matters relating to emergency 
                management in the United States.
                    ``(B) Advice and recommendations.--
                          ``(i) In general.--In presenting advice with 
                      respect to any matter to the President, the 
                      Homeland Security Council, or the Secretary, the 
                      Administrator shall, as the Administrator 
                      considers appropriate, inform the President, the 
                      Homeland Security Council, or the Secretary, as 
                      the case may be, of the range of emergency 
                      preparedness, protection, response, recovery, and 
                      mitigation options with respect to that matter.
                          ``(ii) Advice on request.--The Administrator, 
                      as the principal advisor on emergency management, 
                      shall provide advice to the President, the 
                      Homeland Security Council, or the Secretary on a 
                      particular matter when the President, the Homeland 
                      Security Council, or the Secretary requests such 
                      advice.
                          ``(iii) Recommendations to congress.--After 
                      informing the Secretary, the Administrator may 
                      make such recommendations to Congress relating to 
                      emergency management as the Administrator 
                      considers appropriate.
            ``(5) Cabinet status.--
                    ``(A) In general.--The President may designate the 
                Administrator to serve as a member of the Cabinet in the 
                event of natural disasters, acts of terrorism, or other 
                man-made disasters.
                    ``(B) Retention of authority.--Nothing in this 
                paragraph shall be construed as affecting the authority 
                of the Secretary under this Act.'';
            (12) <<NOTE: 6 USC 314.>> in section 504, as redesignated by 
        paragraph (8) of this section--
                    (A) in the section heading, by inserting 
                ``<SUP>authority</SUP> and</SUP>'' before 
                ``<SUP>responsibilities</SUP>'';
                    (B) by striking the matter preceding paragraph (1) 
                and inserting the following:

    ``(a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for, protect against, respond to, 
recover from, or mitigate against a natural disaster, act of terrorism, 
or other man-made disaster, including--'';
                    (C) in paragraph (6), by striking ``and'' at the 
                end; and
                    (D) by striking paragraph (7) and inserting the 
                following:
            ``(7) helping ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, State, 
        local, and tribal governments and emergency response providers;
            ``(8) assisting the President in carrying out the functions 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all 
        functions and authorities given to the Administrator under that 
        Act;
            ``(9) carrying out the mission of the Agency to reduce the 
        loss of life and property and protect the Nation from all 
        hazards by leading and supporting the Nation in a risk-based, 
        comprehensive emergency management system of--

[[Page 120 STAT. 1399]]

                    ``(A) mitigation, by taking sustained actions to 
                reduce or eliminate long-term risks to people and 
                property from hazards and their effects;
                    ``(B) preparedness, by planning, training, and 
                building the emergency management profession to prepare 
                effectively for, mitigate against, respond to, and 
                recover from any hazard;
                    ``(C) response, by conducting emergency operations 
                to save lives and property through positioning emergency 
                equipment, personnel, and supplies, through evacuating 
                potential victims, through providing food, water, 
                shelter, and medical care to those in need, and through 
                restoring critical public services; and
                    ``(D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can function on 
                their own, return to normal life, and protect against 
                future hazards;
            ``(10) increasing efficiencies, by coordinating efforts 
        relating to preparedness, protection, response, recovery, and 
        mitigation;
            ``(11) helping to ensure the effectiveness of emergency 
        response providers in responding to a natural disaster, act of 
        terrorism, or other man-made disaster;
            ``(12) supervising grant programs administered by the 
        Agency;
            ``(13) administering and ensuring the implementation of the 
        National Response Plan, including coordinating and ensuring the 
        readiness of each emergency support function under the National 
        Response Plan;
            ``(14) coordinating with the National Advisory Council 
        established under section 508;
            ``(15) preparing and implementing the plans and programs of 
        the Federal Government for--
                    ``(A) continuity of operations;
                    ``(B) continuity of government; and
                    ``(C) continuity of plans;
            ``(16) minimizing, to the extent practicable, overlapping 
        planning and reporting requirements applicable to State, local, 
        and tribal governments and the private sector;
            ``(17) maintaining and operating within the Agency the 
        National Response Coordination Center or its successor;
            ``(18) developing a national emergency management system 
        that is capable of preparing for, protecting against, responding 
        to, recovering from, and mitigating against catastrophic 
        incidents;
            ``(19) assisting the President in carrying out the functions 
        under the national preparedness goal and the national 
        preparedness system and carrying out all functions and 
        authorities of the Administrator under the national preparedness 
        System;
            ``(20) carrying out all authorities of the Federal Emergency 
        Management Agency and the Directorate of Preparedness of the 
        Department as transferred under section 505; and
            ``(21) otherwise carrying out the mission of the Agency as 
        described in section 503(b).

    ``(b) All-Hazards Approach.--In carrying out the responsibilities 
under this section, the Administrator shall coordinate the 
implementation of a risk-based, all-hazards strategy that builds

[[Page 120 STAT. 1400]]

those common capabilities necessary to prepare for, protect against, 
respond to, recover from, or mitigate against natural disasters, acts of 
terrorism, and other man-made disasters, while also building the unique 
capabilities necessary to prepare for, protect against, respond to, 
recover from, or mitigate against the risks of specific types of 
incidents that pose the greatest risk to the Nation.''; and
            (13) by inserting after section 504, as redesignated by 
        paragraph (8) of this section, the following:

``SEC. 505. <<NOTE: 6 USC 315.>> FUNCTIONS TRANSFERRED.

    ``(a) In General.--Except as provided in subsection (b), there are 
transferred to the Agency the following:
            ``(1) All functions of the Federal Emergency Management 
        Agency, including existing responsibilities for emergency alert 
        systems and continuity of operations and continuity of 
        government plans and programs as constituted on June 1, 2006, 
        including all of its personnel, assets, components, authorities, 
        grant programs, and liabilities, and including the functions of 
        the Under Secretary for Federal Emergency Management relating 
        thereto.
            ``(2) The Directorate of Preparedness, as constituted on 
        June 1, 2006, including all of its functions, personnel, assets, 
        components, authorities, grant programs, and liabilities, and 
        including the functions of the Under Secretary for Preparedness 
        relating thereto.

    ``(b) Exceptions.--The following within the Preparedness Directorate 
shall not be transferred:
            ``(1) The Office of Infrastructure Protection.
            ``(2) The National Communications System.
            ``(3) The National Cybersecurity Division.
            ``(4) The Office of the Chief Medical Officer.
            ``(5) The functions, personnel, assets, components, 
        authorities, and liabilities of each component described under 
        paragraphs (1) through (4).

``SEC. 506. <<NOTE: 6 USC 316.>> PRESERVING THE FEDERAL EMERGENCY 
            MANAGEMENT AGENCY.

    ``(a) Distinct Entity.--The Agency shall be maintained as a distinct 
entity within the Department.
    ``(b) Reorganization.--Section 872 shall not apply to the Agency, 
including any function or organizational unit of the Agency.
    ``(c) Prohibition on Changes to Missions.--
            ``(1) In general.--The Secretary may not substantially or 
        significantly reduce the authorities, responsibilities, or 
        functions of the Agency or the capability of the Agency to 
        perform those missions, authorities, responsibilities, except as 
        otherwise specifically provided in an Act enacted after the date 
        of enactment of the Post-Katrina Emergency Management Reform Act 
        of 2006.
            ``(2) Certain transfers prohibited.--No asset, function, or 
        mission of the Agency may be diverted to the principal and 
        continuing use of any other organization, unit, or entity of the 
        Department, except for details or assignments that do not reduce 
        the capability of the Agency to perform its missions.

    ``(d) Reprogramming and Transfer of Funds.--In reprogramming or 
transferring funds, the Secretary shall comply with any applicable 
provisions of any Act making appropriations for the

[[Page 120 STAT. 1401]]

Department for fiscal year 2007, or any succeeding fiscal year, relating 
to the reprogramming or transfer of funds.

``SEC. 507. <<NOTE: 6 USC 317.>> REGIONAL OFFICES.

    ``(a) In General.--There are in the Agency 10 regional offices, as 
identified by the Administrator.
    ``(b) Management of Regional Offices.--
            ``(1) Regional administrator.--Each Regional Office shall be 
        headed by a Regional Administrator who shall be appointed by the 
        Administrator, after consulting with State, local, and tribal 
        government officials in the region. Each Regional Administrator 
        shall report directly to the Administrator and be in the Senior 
        Executive Service.
            ``(2) Qualifications.--
                    ``(A) In general.--Each Regional Administrator shall 
                be appointed from among individuals who have a 
                demonstrated ability in and knowledge of emergency 
                management and homeland security.
                    ``(B) Considerations.--In selecting a Regional 
                Administrator for a Regional Office, the Administrator 
                shall consider the familiarity of an individual with the 
                geographical area and demographic characteristics of the 
                population served by such Regional Office.

    ``(c) Responsibilities.--
            ``(1) In general.--The Regional Administrator shall work in 
        partnership with State, local, and tribal governments, emergency 
        managers, emergency response providers, medical providers, the 
        private sector, nongovernmental organizations, 
        multijurisdictional councils of governments, and regional 
        planning commissions and organizations in the geographical area 
        served by the Regional Office to carry out the responsibilities 
        of a Regional Administrator under this section.
            ``(2) Responsibilities.--The responsibilities of a Regional 
        Administrator include--
                    ``(A) ensuring effective, coordinated, and 
                integrated regional preparedness, protection, response, 
                recovery, and mitigation activities and programs for 
                natural disasters, acts of terrorism, and other man-made 
                disasters (including planning, training, exercises, and 
                professional development);
                    ``(B) assisting in the development of regional 
                capabilities needed for a national catastrophic response 
                system;
                    ``(C) coordinating the establishment of effective 
                regional operable and interoperable emergency 
                communications capabilities;
                    ``(D) staffing and overseeing 1 or more strike teams 
                within the region under subsection (f), to serve as the 
                focal point of the Federal Government's initial response 
                efforts for natural disasters, acts of terrorism, and 
                other man-made disasters within that region, and 
                otherwise building Federal response capabilities to 
                respond to natural disasters, acts of terrorism, and 
                other man-made disasters within that region;
                    ``(E) designating an individual responsible for the 
                development of strategic and operational regional plans 
                in support of the National Response Plan;

[[Page 120 STAT. 1402]]

                    ``(F) fostering the development of mutual aid and 
                other cooperative agreements;
                    ``(G) identifying critical gaps in regional 
                capabilities to respond to populations with special 
                needs;
                    ``(H) maintaining and operating a Regional Response 
                Coordination Center or its successor; and
                    ``(I) performing such other duties relating to such 
                responsibilities as the Administrator may require.
            ``(3) Training and exercise requirements.--
                    ``(A) Training.--The Administrator shall require 
                each Regional Administrator to undergo specific training 
                periodically to complement the qualifications of the 
                Regional Administrator. Such training, as appropriate, 
                shall include training with respect to the National 
                Incident Management System, the National Response Plan, 
                and such other subjects as determined by the 
                Administrator.
                    ``(B) Exercises.--The Administrator shall require 
                each Regional Administrator to participate as 
                appropriate in regional and national exercises.

    ``(d) Area Offices.--
            ``(1) In general.--There is an Area Office for the Pacific 
        and an Area Office for the Caribbean, as components in the 
        appropriate Regional Offices.
            ``(2) Alaska.--The Administrator shall establish an Area 
        Office in Alaska, as a component in the appropriate Regional 
        Office.

    ``(e) Regional Advisory Council.--
            ``(1) Establishment.--Each Regional Administrator shall 
        establish a Regional Advisory Council.
            ``(2) Nominations.--A State, local, or tribal government 
        located within the geographic area served by the Regional Office 
        may nominate officials, including Adjutants General and 
        emergency managers, to serve as members of the Regional Advisory 
        Council for that region.
            ``(3) Responsibilities.--Each Regional Advisory Council 
        shall--
                    ``(A) advise the Regional Administrator on emergency 
                management issues specific to that region;
                    ``(B) identify any geographic, demographic, or other 
                characteristics peculiar to any State, local, or tribal 
                government within the region that might make 
                preparedness, protection, response, recovery, or 
                mitigation more complicated or difficult; and
                    ``(C) advise the Regional Administrator of any 
                weaknesses or deficiencies in preparedness, protection, 
                response, recovery, and mitigation for any State, local, 
                and tribal government within the region of which the 
                Regional Advisory Council is aware.

    ``(f) Regional Office Strike Teams.--
            ``(1) In general.--In coordination with other relevant 
        Federal agencies, each Regional Administrator shall oversee 
        multi-agency strike teams authorized under section 303 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5144) that shall consist of--
                    ``(A) a designated Federal coordinating officer;
                    ``(B) personnel trained in incident management;

[[Page 120 STAT. 1403]]

                    ``(C) public affairs, response and recovery, and 
                communications support personnel;
                    ``(D) a defense coordinating officer;
                    ``(E) liaisons to other Federal agencies;
                    ``(F) such other personnel as the Administrator or 
                Regional Administrator determines appropriate; and
                    ``(G) individuals from the agencies with primary 
                responsibility for each of the emergency support 
                functions in the National Response Plan.
            ``(2) Other duties.--The duties of an individual assigned to 
        a Regional Office strike team from another relevant agency when 
        such individual is not functioning as a member of the strike 
        team shall be consistent with the emergency preparedness 
        activities of the agency that employs such individual.
            ``(3) Location of members.--The members of each Regional 
        Office strike team, including representatives from agencies 
        other than the Department, shall be based primarily within the 
        region that corresponds to that strike team.
            ``(4) Coordination.--Each Regional Office strike team shall 
        coordinate the training and exercises of that strike team with 
        the State, local, and tribal governments and private sector and 
        nongovernmental entities which the strike team shall support 
        when a natural disaster, act of terrorism, or other man-made 
        disaster occurs.
            ``(5) Preparedness.--Each Regional Office strike team shall 
        be trained as a unit on a regular basis and equipped and staffed 
        to be well prepared to respond to natural disasters, acts of 
        terrorism, and other man-made disasters, including catastrophic 
        incidents.
            ``(6) Authorities.--If the Administrator determines that 
        statutory authority is inadequate for the preparedness and 
        deployment of individuals in strike teams under this subsection, 
        the Administrator shall report to Congress regarding the 
        additional statutory authorities that the Administrator 
        determines are necessary.

``SEC. 508. <<NOTE: 6 USC 318.>> NATIONAL ADVISORY COUNCIL.

    ``(a) Establishment. <<NOTE: Deadline.>> --Not later than 60 days 
after the date of enactment of the Post-Katrina Emergency Management 
Reform Act of 2006, the Secretary shall establish an advisory body under 
section 871(a) to ensure effective and ongoing coordination of Federal 
preparedness, protection, response, recovery, and mitigation for natural 
disasters, acts of terrorism, and other man-made disasters, to be known 
as the National Advisory Council.

    ``(b) Responsibilities.--The National Advisory Council shall advise 
the Administrator on all aspects of emergency management. The National 
Advisory Council shall incorporate State, local, and tribal government 
and private sector input in the development and revision of the national 
preparedness goal, the national preparedness system, the National 
Incident Management System, the National Response Plan, and other 
related plans and strategies.
    ``(c) Membership.--
            ``(1) In general.--The members of the National Advisory 
        Council shall be appointed by the Administrator, and shall, to 
        the extent practicable, represent a geographic (including urban 
        and rural) and substantive cross section of officials, emergency 
        managers, and emergency response providers from

[[Page 120 STAT. 1404]]

        State, local, and tribal governments, the private sector, and 
        nongovernmental organizations, including as appropriate--
                    ``(A) members selected from the emergency management 
                field and emergency response providers, including fire 
                service, law enforcement, hazardous materials response, 
                emergency medical services, and emergency management 
                personnel, or organizations representing such 
                individuals;
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals;
                    ``(C) experts from Federal, State, local, and tribal 
                governments, and the private sector, representing 
                standards-setting and accrediting organizations, 
                including representatives from the voluntary consensus 
                codes and standards development community, particularly 
                those with expertise in the emergency preparedness and 
                response field;
                    ``(D) State, local, and tribal government officials 
                with expertise in preparedness, protection, response, 
                recovery, and mitigation, including Adjutants General;
                    ``(E) elected State, local, and tribal government 
                executives;
                    ``(F) experts in public and private sector 
                infrastructure protection, cybersecurity, and 
                communications;
                    ``(G) representatives of individuals with 
                disabilities and other populations with special needs; 
                and
                    ``(H) such other individuals as the Administrator 
                determines to be appropriate.
            ``(2) Coordination with the departments of health and human 
        services and transportation.--In the selection of members of the 
        National Advisory Council who are health or emergency medical 
        services professionals, the Administrator shall work with the 
        Secretary of Health and Human Services and the Secretary of 
        Transportation.
            ``(3) Ex officio members.--The Administrator shall designate 
        1 or more officers of the Federal Government to serve as ex 
        officio members of the National Advisory Council.
            ``(4) Terms of office.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term of office of each member of 
                the National Advisory Council shall be 3 years.
                    ``(B) Initial appointments.--Of the members 
                initially appointed to the National Advisory Council--
                          ``(i) one-third shall be appointed for a term 
                      of 1 year; and
                          ``(ii) one-third shall be appointed for a term 
                      of 2 years.

    ``(d) Applicability of Federal Advisory Committee Act.--
            ``(1) In general.--Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory Committee Act (5 
        U.S.C. App.), including subsections (a), (b), and (d) of section 
        10 of such Act, and section 552b(c) of title 5, United States 
        Code, shall apply to the National Advisory Council.
            ``(2) Termination.--Section 14(a)(2) of the Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the National 
        Advisory Council.

[[Page 120 STAT. 1405]]

``SEC. 509. <<NOTE: 6 USC 319.>> NATIONAL INTEGRATION CENTER.

    ``(a) In General.--There is established in the Agency a National 
Integration Center.
    ``(b) Responsibilities.--
            ``(1) In general.--The Administrator, through the National 
        Integration Center, and in consultation with other Federal 
        departments and agencies and the National Advisory Council, 
        shall ensure ongoing management and maintenance of the National 
        Incident Management System, the National Response Plan, and any 
        successor to such system or plan.
            ``(2) Specific responsibilities.--The National Integration 
        Center shall periodically review, and revise as appropriate, the 
        National Incident Management System and the National Response 
        Plan, including--
                    ``(A) establishing, in consultation with the 
                Director of the Corporation for National and Community 
                Service, a process to better use volunteers and 
                donations;
                    ``(B) improving the use of Federal, State, local, 
                and tribal resources and ensuring the effective use of 
                emergency response providers at emergency scenes; and
                    ``(C) revising the Catastrophic Incident Annex, 
                finalizing and releasing the Catastrophic Incident 
                Supplement to the National Response Plan, and ensuring 
                that both effectively address response requirements in 
                the event of a catastrophic incident.

    ``(c) Incident Management.--
            ``(1) In general.--
                    ``(A) National response plan.--The Secretary, acting 
                through the Administrator, shall ensure that the 
                National Response Plan provides for a clear chain of 
                command to lead and coordinate the Federal response to 
                any natural disaster, act of terrorism, or other man-
                made disaster.
                    ``(B) Administrator.--The chain of the command 
                specified in the National Response Plan shall--
                          ``(i) provide for a role for the Administrator 
                      consistent with the role of the Administrator as 
                      the principal emergency management advisor to the 
                      President, the Homeland Security Council, and the 
                      Secretary under section 503(c)(4) and the 
                      responsibility of the Administrator under the 
                      Post-Katrina Emergency Management Reform Act of 
                      2006, and the amendments made by that Act, 
                      relating to natural disasters, acts of terrorism, 
                      and other man-made disasters; and
                          ``(ii) provide for a role for the Federal 
                      Coordinating Officer consistent with the 
                      responsibilities under section 302(b) of the 
                      Robert T. Stafford Disaster Relief and Emergency 
                      Assistance Act (42 U.S.C. 5143(b)).
            ``(2) Principal federal official.--The Principal Federal 
        Official (or the successor thereto) shall not--
                    ``(A) direct or replace the incident command 
                structure established at the incident; or
                    ``(B) have directive authority over the Senior 
                Federal Law Enforcement Official, Federal Coordinating 
                Officer, or other Federal and State officials.

[[Page 120 STAT. 1406]]

``SEC. 510. <<NOTE: 6 USC 320.>> CREDENTIALING AND TYPING.

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

``SEC. 511. <<NOTE: 6 USC 321.>> THE NATIONAL INFRASTRUCTURE SIMULATION 
            AND ANALYSIS CENTER.

    ``(a) Definition.--In this section, the term `National 
Infrastructure Simulation and Analysis Center' means the National 
Infrastructure Simulation and Analysis Center established under section 
1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
    ``(b) Authority.--
            ``(1) In general.--There is in the Department the National 
        Infrastructure Simulation and Analysis Center which shall serve 
        as a source of national expertise to address critical 
        infrastructure protection and continuity through support for 
        activities related to--
                    ``(A) counterterrorism, threat assessment, and risk 
                mitigation; and
                    ``(B) a natural disaster, act of terrorism, or other 
                man-made disaster.
            ``(2) Infrastructure modeling.--
                    ``(A) Particular support.--The support provided 
                under paragraph (1) shall include modeling, simulation, 
                and analysis of the systems and assets comprising 
                critical infrastructure, in order to enhance 
                preparedness, protection, response, recovery, and 
                mitigation activities.
                    ``(B) Relationship with other agencies.--Each 
                Federal agency and department with critical 
                infrastructure responsibilities under Homeland Security 
                Presidential Directive 7, or any successor to such 
                directive, shall establish a formal relationship, 
                including an agreement regarding information sharing, 
                between the elements of such agency or department and 
                the National Infrastructure Simulation and Analysis 
                Center, through the Department.
                    ``(C) Purpose.--
                          ``(i) In general.--The purpose of the 
                      relationship under subparagraph (B) shall be to 
                      permit each Federal agency and department 
                      described in subparagraph (B) to take full 
                      advantage of the capabilities of the National 
                      Infrastructure Simulation and Analysis Center 
                      (particularly vulnerability and consequence 
                      analysis), consistent with its work load capacity 
                      and priorities, for real-time response to reported 
                      and projected natural disasters, acts of 
                      terrorism, and other man-made disasters.
                          ``(ii) Recipient of certain support.--
                      Modeling, simulation, and analysis provided under 
                      this subsection shall be provided to relevant 
                      Federal agencies and departments, including 
                      Federal agencies and

[[Page 120 STAT. 1407]]

                      departments with critical infrastructure 
                      responsibilities under Homeland Security 
                      Presidential Directive 7, or any successor to such 
                      directive.

``SEC. 512. <<NOTE: 6 USC 321a.>> EVACUATION PLANS AND EXERCISES.

    ``(a) In General.--Notwithstanding any other provision of law, and 
subject to subsection (d), grants made to States or local or tribal 
governments by the Department through the State Homeland Security Grant 
Program or the Urban Area Security Initiative may be used to--
            ``(1) establish programs for the development and maintenance 
        of mass evacuation plans under subsection (b) in the event of a 
        natural disaster, act of terrorism, or other man-made disaster;
            ``(2) prepare for the execution of such plans, including the 
        development of evacuation routes and the purchase and 
        stockpiling of necessary supplies and shelters; and
            ``(3) conduct exercises of such plans.

    ``(b) Plan Development.--In developing the mass evacuation plans 
authorized under subsection (a), each State, local, or tribal government 
shall, to the maximum extent practicable--
            ``(1) establish incident command and decision making 
        processes;
            ``(2) ensure that State, local, and tribal government plans, 
        including evacuation routes, are coordinated and integrated;
            ``(3) identify primary and alternative evacuation routes and 
        methods to increase evacuation capabilities along such routes 
        such as conversion of two-way traffic to one-way evacuation 
        routes;
            ``(4) identify evacuation transportation modes and 
        capabilities, including the use of mass and public transit 
        capabilities, and coordinating and integrating evacuation plans 
        for all populations including for those individuals located in 
        hospitals, nursing homes, and other institutional living 
        facilities;
            ``(5) develop procedures for informing the public of 
        evacuation plans before and during an evacuation, including 
        individuals--
                    ``(A) with disabilities or other special needs;
                    ``(B) with limited English proficiency; or
                    ``(C) who might otherwise have difficulty in 
                obtaining such information; and
            ``(6) identify shelter locations and capabilities.

    ``(c) Assistance.--
            ``(1) In general.--The Administrator may establish any 
        guidelines, standards, or requirements determined appropriate to 
        administer this section and to ensure effective mass evacuation 
        planning for State, local, and tribal areas.
            ``(2) Requested assistance.--The Administrator shall make 
        assistance available upon request of a State, local, or tribal 
        government to assist hospitals, nursing homes, and other 
        institutions that house individuals with special needs to 
        establish, maintain, and exercise mass evacuation plans that are 
        coordinated and integrated into the plans developed by that 
        State, local, or tribal government under this section.

    ``(d) Multipurpose Funds.--Nothing in this section may be construed 
to preclude a State, local, or tribal government from using grant funds 
in a manner that enhances preparedness for

[[Page 120 STAT. 1408]]

a natural or man-made disaster unrelated to an act of terrorism, if such 
use assists such government in building capabilities for terrorism 
preparedness.

``SEC. 513. <<NOTE: 6 USC 321b.>> DISABILITY COORDINATOR.

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

[[Page 120 STAT. 1409]]

        preparedness system established under section 644 of the Post-
        Katrina Emergency Management Reform Act of 2006; and
            ``(11) any other duties as assigned by the Administrator.

``SEC. 514. <<NOTE: 6 USC 321c.>> DEPARTMENT AND AGENCY OFFICIALS.

    ``(a) Deputy Administrators.--The President may appoint, by and with 
the advice and consent of the Senate, not more than 4 Deputy 
Administrators to assist the Administrator in carrying out this title.
    ``(b) Cybersecurity and Communications.--There is in the Department 
an Assistant Secretary for Cybersecurity and Communications.
    ``(c) United States Fire Administration.--The Administrator of the 
United States Fire Administration shall have a rank equivalent to an 
assistant secretary of the Department.

``SEC. 515. <<NOTE: 6 USC 321d.>> NATIONAL OPERATIONS CENTER.

    ``(a) Definition.--In this section, the term `situational awareness' 
means information gathered from a variety of sources that, when 
communicated to emergency managers and decision makers, can form the 
basis for incident management decisionmaking.
    ``(b) Establishment.--The National Operations Center is the 
principal operations center for the Department and shall--
            ``(1) provide situational awareness and a common operating 
        picture for the entire Federal Government, and for State, local, 
        and tribal governments as appropriate, in the event of a natural 
        disaster, act of terrorism, or other man-made disaster; and
            ``(2) ensure that critical terrorism and disaster-related 
        information reaches government decision-makers.

``SEC. 516. <<NOTE: 6 USC 321e.>> CHIEF MEDICAL OFFICER.

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

[[Page 120 STAT. 1410]]

            ``(6) discharging, in coordination with the Under Secretary 
        for Science and Technology, the responsibilities of the 
        Department related to Project Bioshield; and
            ``(7) performing such other duties relating to such 
        responsibilities as the Secretary may require.''.

SEC. 612. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Executive Schedule.--
            (1) Administrator.--Section 5313 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Administrator of the Federal Emergency Management 
        Agency.''.
            (2) Deputy administrators.--Section 5314 of title 5, United 
        States Code, is amended by adding at the end the following:
            ``Deputy Administrators, Federal Emergency Management 
        Agency.''.
            (3) Chief medical officer.--Section 5315 of title 5, United 
        States Code, is amended by adding at the end the following:
            ``Chief Medical Officer, Department of Homeland Security.''.

    (b) Officers of the Department.--Section 103(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
            (1) by striking paragraph (5) and inserting the following:
            ``(5) An Administrator of the Federal Emergency Management 
        Agency.'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) through (10) (as amended 
        by this subsection) as paragraphs (2) through (9), respectively.

    (c) <<NOTE: 6 USC 313 note.>> References.--Any reference to the 
Director of the Federal Emergency Management Agency, in any law, rule, 
regulation, certificate, directive, instruction, or other official paper 
shall be considered to refer and apply to the Administrator of the 
Federal Emergency Management Agency.

    (d) Definition.--Section 2(6) of the Homeland Security Act of 2002 
(6 U.S.C. 101(6)) is amended by inserting ``fire,'' after ``safety,''.
    (e) Table of Contents.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the items relating to title V and sections 501 through 509 and 
inserting the following:

                ``TITLE V--NATIONAL EMERGENCY MANAGEMENT

``Sec. 501. Definitions.
``Sec. 502. Definition.
``Sec. 503. Federal Emergency Management Agency.
``Sec. 504. Authorities and responsibilities.
``Sec. 505. Functions transferred.
``Sec. 506. Preserving the Federal Emergency Management Agency.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council.
``Sec. 509. National Integration Center.
``Sec. 510. Credentialing and typing.
``Sec. 511. The National Infrastructure Simulation and Analysis Center.
``Sec. 512. Evacuation plans and exercises.
``Sec. 513. Disability Coordinator.
``Sec. 514. Department and Agency officials.
``Sec. 515. National Operations Center.
``Sec. 516. Chief Medical Officer.
``Sec. 517. Nuclear incident response.
``Sec. 518. Conduct of certain public health-related activities.

[[Page 120 STAT. 1411]]

``Sec. 519. Use of national private sector networks in emergency 
           response.
``Sec. 520. Use of commercially available technology, goods, and 
           services.
``Sec. 521. Procurement of security countermeasures for strategic 
           national stockpile.''.

    (f) Interim Actions.--
            (1) <<NOTE: 6 USC 311 note.>> In general.--During the period 
        beginning on the date of enactment of this Act and ending on 
        March 31, 2007, the Secretary, the Under Secretary for 
        Preparedness, and the Director of the Federal Emergency 
        Management Agency shall take such actions as are necessary to 
        provide for the orderly implementation of any amendment under 
        this subtitle that takes effect on March 31, 2007.
            (2) <<NOTE: 6 USC 313 note.>> References.--Any reference to 
        the Administrator of the Federal Emergency Management Agency in 
        this title or an amendment by this title shall be considered to 
        refer and apply to the Director of the Federal Emergency 
        Management Agency until March 31, 2007.

SEC. 613. <<NOTE: 6 USC 701 note.>> NATIONAL WEATHER SERVICE.

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

SEC. 614. <<NOTE: 6 USC 701 note.>> EFFECTIVE DATE.

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

                    Subtitle B--Personnel Provisions

        CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

SEC. 621. WORKFORCE DEVELOPMENT.

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

      ``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

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

``Sec. 10101. Definitions

    ``For purposes of this chapter--

[[Page 120 STAT. 1412]]

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

``Sec. 10102. Strategic human capital plan

    ``(a) Plan Development. <<NOTE: Deadline.>> --Not later than 6 
months after the date of enactment of this chapter, the Administrator 
shall develop and submit to the appropriate committees of Congress a 
strategic human capital plan to shape and improve the workforce of the 
Agency.

    ``(b) Contents.--The strategic human capital plan shall include--
            ``(1) a workforce gap analysis, including an assessment of--
                    ``(A) the critical skills and competencies that will 
                be needed in the workforce of the Agency to support the 
                mission and responsibilities of, and effectively manage, 
                the Agency during the 10-year period beginning on the 
                date of enactment of this chapter;
                    ``(B) the skills and competencies of the workforce 
                of the Agency on the day before the date of enactment of 
                this chapter and projected trends in that workforce, 
                based on expected losses due to retirement and other 
                attrition; and
                    ``(C) the staffing levels of each category of 
                employee, including gaps in the workforce of the Agency 
                on the day before the date of enactment of this chapter 
                and in the projected workforce of the Agency that should 
                be addressed to ensure that the Agency has continued 
                access to the critical skills and competencies described 
                in subparagraph (A);
            ``(2) a plan of action for developing and reshaping the 
        workforce of the Agency to address the gaps in critical skills 
        and competencies identified under paragraph (1)(C), including--
                    ``(A) specific recruitment and retention goals, 
                including the use of the bonus authorities under this 
                chapter as well as other bonus authorities (including 
                the program objective of the Agency to be achieved 
                through such goals);
                    ``(B) specific strategies for developing, training, 
                deploying, compensating, and motivating and retaining 
                the Agency workforce and its ability to fulfill the 
                Agency's mission and responsibilities (including the 
                program objectives of the Department and the Agency to 
                be achieved through such strategies);
                    ``(C) specific strategies for recruiting individuals 
                who have served in multiple State agencies with 
                emergency management responsibilities; and

[[Page 120 STAT. 1413]]

                    ``(D) specific strategies for the development, 
                training, and coordinated and rapid deployment of the 
                Surge Capacity Force; and
            ``(3) a discussion that--
                    ``(A) details the number of employees of the 
                Department not employed by the Agency serving in the 
                Surge Capacity Force and the qualifications or 
                credentials of such individuals;
                    ``(B) details the number of individuals not employed 
                by the Department serving in the Surge Capacity Force 
                and the qualifications or credentials of such 
                individuals;
                    ``(C) describes the training given to the Surge 
                Capacity Force during the calendar year preceding the 
                year of submission of the plan under subsection (c);
                    ``(D) states whether the Surge Capacity Force is 
                able to adequately prepare for, respond to, and recover 
                from natural disasters, acts of terrorism, and other 
                man-made disasters, including catastrophic incidents; 
                and
                    ``(E) describes any additional authorities or 
                resources necessary to address any deficiencies in the 
                Surge Capacity Force.

    ``(c) Annual Updates.--Not later than May 1, 2007, and May 1st of 
each of the next 5 succeeding years, the Administrator shall submit to 
the appropriate committees of Congress an update of the strategic human 
capital plan, including an assessment by the Administrator, using 
results-oriented performance measures, of the progress of the Department 
and the Agency in implementing the strategic human capital plan.

``Sec. 10103. Career paths

    ``(a) In General.--The Administrator shall--
            ``(1) ensure that appropriate career paths for personnel of 
        the Agency are identified, including the education, training, 
        experience, and assignments necessary for career progression 
        within the Agency; and
            ``(2) publish information on the career paths described in 
        paragraph (1).

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

[[Page 120 STAT. 1414]]

``Sec. 10104. Recruitment bonuses

    ``(a) In General.--The Administrator may pay a bonus to an 
individual in order to recruit the individual for a position within the 
Agency that would otherwise be difficult to fill in the absence of such 
a bonus. Upon completion of the strategic human capital plan, such 
bonuses shall be paid in accordance with that plan.
    ``(b) Bonus Amount.--
            ``(1) In general.--The amount of a bonus under this section 
        shall be determined by the Administrator, but may not exceed 25 
        percent of the annual rate of basic pay of the position 
        involved.
            ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.

    ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Agency. The agreement shall include--
            ``(1) the period of service the individual shall be required 
        to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.

    ``(d) Eligibility.--A bonus under this section may not be paid to an 
individual who is appointed to or holds--
            ``(1) a position to which an individual is appointed by the 
        President, by and with the advice and consent of the Senate;
            ``(2) a position in the Senior Executive Service as a 
        noncareer appointee (as defined in section 3132(a)); or
            ``(3) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating character.

    ``(e) Termination.--The authority to pay bonuses under this section 
shall terminate 5 years after the date of enactment of this chapter.
    ``(f) Reports.--
            ``(1) In general.--The Agency shall submit to the 
        appropriate committees of Congress, annually for each of the 5 
        years during which this section is in effect, a report on the 
        operation of this section.
            ``(2) Contents.--Each report submitted under this subsection 
        shall include, with respect to the period covered by such 
        report, a description of how the authority to pay bonuses under 
        this section was used by the Agency, including--
                    ``(A) the number and dollar amount of bonuses paid 
                to individuals holding positions within each pay grade, 
                pay level, or other pay classification; and
                    ``(B) a determination of the extent to which such 
                bonuses furthered the purposes of this section.

``Sec. 10105. Retention bonuses

    ``(a) Authority.--The Administrator may pay, on a case-by-case 
basis, a bonus under this section to an employee of the Agency if--
            ``(1) the unusually high or unique qualifications of the 
        employee or a special need of the Agency for the employee's 
        services makes it essential to retain the employee; and

[[Page 120 STAT. 1415]]

            ``(2) the Administrator determines that, in the absence of 
        such a bonus, the employee would be likely to leave--
                    ``(A) the Federal service; or
                    ``(B) for a different position in the Federal 
                service.

    ``(b) Service Agreement.--Payment of a bonus under this section is 
contingent upon the employee entering into a written service agreement 
with the Agency to complete a period of service with the Agency. Such 
agreement shall include--
            ``(1) the period of service the individual shall be required 
        to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.

    ``(c) Bonus Amount.--
            ``(1) In general.--The amount of a bonus under this section 
        shall be determined by the Administrator, but may not exceed 25 
        percent of the annual rate of basic pay of the position 
        involved.
            ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.

    ``(d) Limitation.--A bonus under this section--
            ``(1) may not be based on any period of service which is the 
        basis for a recruitment bonus under section 10104;
            ``(2) may not be paid to an individual who is appointed to 
        or holds--
                    ``(A) a position to which an individual is appointed 
                by the President, by and with the advice and consent of 
                the Senate;
                    ``(B) a position in the Senior Executive Service as 
                a noncareer appointee (as defined in section 3132(a)); 
                or
                    ``(C) a position which has been excepted from the 
                competitive service by reason of its confidential, 
                policy-determining, policy-making, or policy-advocating 
                character; and
            ``(3) upon completion of the strategic human capital plan, 
        shall be paid in accordance with that plan.

    ``(e) Termination of Authority.--The authority to grant bonuses 
under this section shall expire 5 years after the date of enactment of 
this chapter.
    ``(f) Reports.--
            ``(1) In general.--The Office of Personnel Management shall 
        submit to the appropriate committees of Congress, annually for 
        each of the first 5 years during which this section is in 
        effect, a report on the operation of this section.
            ``(2) Contents.--Each report submitted under this subsection 
        shall include, with respect to the period covered by such 
        report, a description of how the authority to pay bonuses under 
        this section was used by the Agency, including, with respect to 
        each such agency--
                    ``(A) the number and dollar amount of bonuses paid 
                to individuals holding positions within each pay grade, 
                pay level, or other pay classification; and
                    ``(B) a determination of the extent to which such 
                bonuses furthered the purposes of this section.

[[Page 120 STAT. 1416]]

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

    ``(a) Initial Report.--
            ``(1) In general.--Not later than 3 months after the date of 
        enactment of this chapter, the Administrator shall develop and 
        submit to the appropriate committees of Congress a report on the 
        vacancies in employee positions of the Agency.
            ``(2) Contents.--The report under this subsection shall 
        include--
                    ``(A) vacancies of each category of employee 
                position;
                    ``(B) the number of applicants for each vacancy for 
                which public notice has been given;
                    ``(C) the length of time that each vacancy has been 
                pending;
                    ``(D) hiring-cycle time for each vacancy that has 
                been filled; and
                    ``(E) a plan for reducing the hiring-cycle time and 
                reducing the current and anticipated vacancies with 
                highly-qualified personnel.

    ``(b) Quarterly Updates.--Not later than 3 months after submission 
of the initial report, and every 3 months thereafter until 5 years after 
the date of enactment of this chapter, the Administrator shall submit to 
the appropriate committees of Congress an update of the report under 
subsection (a), including an assessment by the Administrator of the 
progress of the Agency in filling vacant employee positions of the 
Agency.''.
    (b) Technical and Conforming Amendment.--The analysis for part III 
title 5, United States Code, is amended by inserting after the item 
relating to chapter 99 the following:

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

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

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

``SEC. 844. <<NOTE: 6 USC 414.>> HOMELAND SECURITY ROTATION PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--Not later than 180 days after the date of 
        enactment of this section, the Secretary shall establish the 
        Homeland Security Rotation Program (in this section referred to 
        as the `Rotation Program') for employees of the Department. The 
        Rotation Program shall use applicable best practices, including 
        those from the Chief Human Capital Officers Council.
            ``(2) Goals.--The Rotation Program established by the 
        Secretary shall--
                    ``(A) be established in accordance with the Human 
                Capital Strategic Plan of the Department;
                    ``(B) provide middle and senior level employees in 
                the Department the opportunity to broaden their 
                knowledge through exposure to other components of the 
                Department;
                    ``(C) expand the knowledge base of the Department by 
                providing for rotational assignments of employees to 
                other components;
                    ``(D) build professional relationships and contacts 
                among the employees in the Department;

[[Page 120 STAT. 1417]]

                    ``(E) invigorate the workforce with exciting and 
                professionally rewarding opportunities;
                    ``(F) incorporate Department human capital strategic 
                plans and activities, and address critical human capital 
                deficiencies, recruitment and retention efforts, and 
                succession planning within the Federal workforce of the 
                Department; and
                    ``(G) complement and incorporate (but not replace) 
                rotational programs within the Department in effect on 
                the date of enactment of this section.
            ``(3) Administration.--
                    ``(A) In general.--The Chief Human Capital Officer 
                shall administer the Rotation Program.
                    ``(B) Responsibilities.--The Chief Human Capital 
                Officer shall--
                          ``(i) provide oversight of the establishment 
                      and implementation of the Rotation Program;
                          ``(ii) establish a framework that supports the 
                      goals of the Rotation Program and promotes cross-
                      disciplinary rotational opportunities;
                          ``(iii) establish eligibility for employees to 
                      participate in the Rotation Program and select 
                      participants from employees who apply;
                          ``(iv) establish incentives for employees to 
                      participate in the Rotation Program, including 
                      promotions and employment preferences;
                          ``(v) ensure that the Rotation Program 
                      provides professional education and training;
                          ``(vi) ensure that the Rotation Program 
                      develops qualified employees and future leaders 
                      with broad-based experience throughout the 
                      Department;
                          ``(vii) provide for greater interaction among 
                      employees in components of the Department; and
                          ``(viii) coordinate with rotational programs 
                      within the Department in effect on the date of 
                      enactment of this section.
            ``(4) Allowances, privileges, and benefits.--All allowances, 
        privileges, rights, seniority, and other benefits of employees 
        participating in the Rotation Program shall be preserved.
            ``(5) Reporting.--Not later than 180 days after the date of 
        the establishment of the Rotation Program, the Secretary shall 
        submit a report on the status of the Rotation Program, including 
        a description of the Rotation Program, the number of employees 
        participating, and how the Rotation Program is used in 
        succession planning and leadership development to the 
        appropriate committees of Congress.''.

    (b) Technical and Conforming Amendment.--Section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 843 the following:

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


[[Page 120 STAT. 1418]]



SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.

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

``SEC. 845. <<NOTE: 6 USC 415.>> HOMELAND SECURITY EDUCATION PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the 
Administrator, shall establish a graduate-level Homeland Security 
Education Program in the National Capital Region to provide educational 
opportunities to senior Federal officials and selected State and local 
officials with homeland security and emergency management 
responsibilities. The Administrator shall appoint an individual to 
administer the activities under this section.
    ``(b) Leveraging of Existing Resources.--To maximize efficiency and 
effectiveness in carrying out the Program, the Administrator shall use 
existing Department-reviewed Master's Degree curricula in homeland 
security, including curricula pending accreditation, together with 
associated learning materials, quality assessment tools, digital 
libraries, exercise systems and other educational facilities, including 
the National Domestic Preparedness Consortium, the National Fire 
Academy, and the Emergency Management Institute. The Administrator may 
develop additional educational programs, as appropriate.
    ``(c) Student Enrollment.--
            ``(1) Sources.--The student body of the Program shall 
        include officials from Federal, State, local, and tribal 
        governments, and from other sources designated by the 
        Administrator.
            ``(2) Enrollment priorities and selection criteria.--The 
        Administrator shall establish policies governing student 
        enrollment priorities and selection criteria that are consistent 
        with the mission of the Program.
            ``(3) Diversity.--The Administrator shall take reasonable 
        steps to ensure that the student body represents racial, gender, 
        and ethnic diversity.

    ``(d) Service Commitment.--
            ``(1) In general.--Before any employee selected for the 
        Program may be assigned to participate in the program, the 
        employee shall agree in writing--
                    ``(A) to continue in the service of the agency 
                sponsoring the employee during the 2-year period 
                beginning on the date on which the employee completes 
                the program, unless the employee is involuntarily 
                separated from the service of that agency for reasons 
                other than a reduction in force; and
                    ``(B) to pay to the Government the amount of the 
                additional expenses incurred by the Government in 
                connection with the employee's education if the employee 
                is voluntarily separated from the service to the agency 
                before the end of the period described in subparagraph 
                (A).
            ``(2) Payment of expenses.--
                    ``(A) Exemption.--An employee who leaves the service 
                of the sponsoring agency to enter into the service of 
                another agency in any branch of the Government shall not 
                be required to make a payment under paragraph (1)(B), 
                unless the head of the agency that sponsored the 
                education of the employee notifies that employee before 
                the date on

[[Page 120 STAT. 1419]]

                which the employee enters the service of the other 
                agency that payment is required under that paragraph.
                    ``(B) Amount of payment.--If an employee is required 
                to make a payment under paragraph (1)(B), the agency 
                that sponsored the education of the employee shall 
                determine the amount of the payment, except that such 
                amount may not exceed the pro rata share of the expenses 
                incurred for the time remaining in the 2-year period.
            ``(3) Recovery of payment.--If an employee who is required 
        to make a payment under this subsection does not make the 
        payment, a sum equal to the amount of the expenses incurred by 
        the Government for the education of that employee is recoverable 
        by the Government from the employee or his estate by--
                    ``(A) setoff against accrued pay, compensation, 
                amount of retirement credit, or other amount due the 
                employee from the Government; or
                    ``(B) such other method as is provided by lay for 
                the recovery of amounts owing to the Government.''.

    (b) Technical and Conforming Amendment.--Section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. et seq.), as amended by section 
622, is amended by inserting after the item relating to section 844 the 
following:

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

SEC. 624. <<NOTE: 6 USC 711.>> SURGE CAPACITY FORCE.

    (a) Establishment.--
            (1) In general. <<NOTE: Deadline. Plan.>> --Not later than 6 
        months after the date of enactment of this Act, the 
        Administrator shall prepare and submit to the appropriate 
        committees of Congress a plan to establish and implement a Surge 
        Capacity Force for deployment of individuals to respond to 
        natural disasters, acts of terrorism, and other man-made 
        disasters, including catastrophic incidents.
            (2) Authority.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the plan shall provide for individuals in the Surge 
                Capacity Force to be trained and deployed under the 
                authorities set forth in the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act.
                    (B) Exception.--If the Administrator determines that 
                the existing authorities are inadequate for the training 
                and deployment of individuals in the Surge Capacity 
                Force, the Administrator shall report to Congress as to 
                the additional statutory authorities that the 
                Administrator determines necessary.

    (b) Employees Designated to Serve.--The plan shall include 
procedures under which the Secretary shall designate employees of the 
Department who are not employees of the Agency and shall, in conjunction 
with the heads of other Executive agencies, designate employees of those 
other Executive agencies, as appropriate, to serve on the Surge Capacity 
Force.
    (c) Capabilities.--The plan shall ensure that the Surge Capacity 
Force--
            (1) includes a sufficient number of individuals credentialed 
        in accordance with section 510 of the Homeland Security Act of 
        2002, as amended by this Act, that are capable of deploying

[[Page 120 STAT. 1420]]

        rapidly and efficiently after activation to prepare for, respond 
        to, and recover from natural disasters, acts of terrorism, and 
        other man-made disasters, including catastrophic incidents; and
            (2) includes a sufficient number of full-time, highly 
        trained individuals credentialed in accordance with section 510 
        of the Homeland Security Act of 2002, as amended by this Act, to 
        lead and manage the Surge Capacity Force.

    (d) Training.--The plan shall ensure that the Administrator provides 
appropriate and continuous training to members of the Surge Capacity 
Force to ensure such personnel are adequately trained on the Agency's 
programs and policies for natural disasters, acts of terrorism, and 
other man-made disasters.
    (e) No Impact on Agency Personnel Ceiling.--Surge Capacity Force 
members shall not be counted against any personnel ceiling applicable to 
the Federal Emergency Management Agency.
    (f) Expenses.--The Administrator may provide members of the Surge 
Capacity Force with travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, for the 
purpose of participating in any training that relates to service as a 
member of the Surge Capacity Force.
    (g) Immediate Implementation of Surge Capacity Force Involving 
Federal Employees.--As soon as practicable after the date of enactment 
of this Act, the Administrator shall develop and implement--
            (1) the procedures under subsection (b); and
            (2) other elements of the plan needed to establish the 
        portion of the Surge Capacity Force consisting of individuals 
        designated under those procedures.

              CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES

SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.

    Section 613 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196b) is amended--
            (1) in subsection (b)(3) by inserting ``including a 
        catastrophic incident annex,'' after ``plans,''; and
            (2) by redesignating subsections (c) through (g) and 
        subsections (d) through (h), respectively; and
            (3) by inserting after subsection (b) the following:

    ``(c) Catastrophic Incident Annex.--
            ``(1) Consistency.--A catastrophic incident annex submitted 
        under subsection (b)(3) shall be--
                    ``(A) modeled after the catastrophic incident annex 
                of the National Response Plan; and
                    ``(B) consistent with the national preparedness goal 
                established under section 643 of the Post-Katrina 
                Emergency Management Reform Act of 2006, the National 
                Incident Management System, the National Response Plan, 
                and other related plans and strategies.
            ``(2) Consultation.--In developing a catastrophic incident 
        annex submitted under subsection (b)(3), a State shall consult 
        with and seek appropriate comments from local governments, 
        emergency response providers, locally governed 
        multijurisdictional councils of government, and regional 
        planning commissions.''.

[[Page 120 STAT. 1421]]

SEC. 632. <<NOTE: 6 USC 721.>> EVACUATION PREPAREDNESS TECHNICAL 
            ASSISTANCE.

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

SEC. 633. EMERGENCY RESPONSE TEAMS.

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

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

    ``(a) Emergency Support Teams.--The President shall''; and
            (2) by adding at the end the following:

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

SEC. 634. <<NOTE: 6 USC 722.>> URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

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

SEC. 635. <<NOTE: 6 USC 723.>> METROPOLITAN MEDICAL RESPONSE GRANT 
            PROGRAM.

    (a) In General.--There is a Metropolitan Medical Response Program.

[[Page 120 STAT. 1422]]

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

SEC. 636. <<NOTE: 6 USC 724.>> LOGISTICS.

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

SEC. 637. <<NOTE: 6 USC 725.>> PREPOSITIONED EQUIPMENT PROGRAM.

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

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

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

    (b) Structure.--Each recovery office shall have an executive 
director, appointed by the Administrator, and a senior management team.
    (c) Responsibilities.--Each executive director, in coordination with 
State, local, and tribal governments, private sector entities, and 
nongovernmental organizations, including faith-based and other community 
humanitarian relief entities, shall provide assistance in a timely and 
effective manner to residents of the Gulf Coast region for recovering 
from Hurricane Katrina or Hurricane Rita.
    (d) Staffing.--
            (1) In general.--Each recovery office shall be staffed by 
        multi-year term, temporary employees and permanent employees.
            (2) Staffing levels.--Staffing levels of a recovery office 
        shall be commensurate with current and projected workload and 
        shall be evaluated on a regular basis.

    (e) Performance Measures.--To ensure that each recovery office is 
meeting its objectives, the Administrator shall identify

[[Page 120 STAT. 1423]]

performance measures that are specific, measurable, achievable, 
relevant, and timed, including--
            (1) public assistance program project worksheet completion 
        rates; and
            (2) public assistance reimbursement times.

    (f) Closeout Incentives.--The Administrator shall provide incentives 
for the timely closeout of public assistance projects under sections 406 
and 407 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172 and 5173).
    (g) Termination.--Each recovery office shall terminate at the 
discretion of the Administrator.

SEC. 639. <<NOTE: 6 USC 726.>> BASIC LIFE SUPPORTING FIRST AID AND 
            EDUCATION.

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

SEC. 640. <<NOTE: 6 USC 727.>> IMPROVEMENTS TO INFORMATION TECHNOLOGY 
            SYSTEMS.

    (a) Measures to Improve Information Technology Systems.--The 
Administrator, in coordination with the Chief Information Officer of the 
Department, shall take appropriate measures to update and improve the 
information technology systems of the Agency, including measures to--
            (1) ensure that the multiple information technology systems 
        of the Agency (including the National Emergency Management 
        Information System, the Logistics Information Management System 
        III, and the Automated Deployment Database) are, to the extent 
        practicable, fully compatible and can share and access 
        information, as appropriate, from each other;
            (2) ensure technology enhancements reach the headquarters 
        and regional offices of the Agency in a timely fashion, to allow 
        seamless integration;
            (3) develop and maintain a testing environment that ensures 
        that all system components are properly and thoroughly tested 
        before their release;
            (4) ensure that the information technology systems of the 
        Agency have the capacity to track disaster response personnel, 
        mission assignments task orders, commodities, and supplies used 
        in response to a natural disaster, act of terrorism, or other 
        man-made disaster;
            (5) make appropriate improvements to the National Emergency 
        Management Information System to address shortcomings in such 
        system on the date of enactment of this Act; and
            (6) provide training, manuals, and guidance on information 
        technology systems to personnel, including disaster response 
        personnel, to help ensure employees can properly use information 
        technology systems.

    (b) Report.-- <<NOTE: Deadline.>> Not later than 270 days after the 
date of enactment of this Act, the Administrator shall submit to the 
appropriate committees of Congress a report describing the 
implementation of this section, including a description of any actions 
taken, improvements made, and remaining problems and a description of 
any additional funding needed to make necessary and appropriate 
improvements to the information technology systems of the Agency.

[[Page 120 STAT. 1424]]

SEC. 640a. <<NOTE: 6 USC 728.>> DISCLOSURE OF CERTAIN INFORMATION TO LAW 
            ENFORCEMENT AGENCIES.

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

              Subtitle C--Comprehensive Preparedness System

                 CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM

SEC. 641. <<NOTE: 6 USC 741.>> DEFINITIONS.

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

[[Page 120 STAT. 1425]]

SEC. 642. <<NOTE: 6 USC 742.>> NATIONAL PREPAREDNESS.

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

SEC. 643. <<NOTE: 6 USC 743.>> NATIONAL PREPAREDNESS GOAL.

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

SEC. 644. <<NOTE: 6 USC 744.>> ESTABLISHMENT OF NATIONAL PREPAREDNESS 
            SYSTEM.

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

    (c) National Planning Scenarios.--The national preparedness system 
may include national planning scenarios.

SEC. 645. <<NOTE: 6 USC 745.>> NATIONAL PLANNING SCENARIOS.

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

[[Page 120 STAT. 1426]]

SEC. 646. <<NOTE: 6 USC 746.>> TARGET CAPABILITIES AND PREPAREDNESS 
            PRIORITIES.

    (a) <<NOTE: Deadline.>> Establishment of Guidelines on Target 
Capabilities.--Not later than 180 days after the date of enactment of 
this Act, the Administrator, in coordination with the heads of 
appropriate Federal agencies, the National Council on Disability, and 
the National Advisory Council, shall complete, revise, and update, as 
necessary, guidelines to define risk-based target capabilities for 
Federal, State, local, and tribal government preparedness that will 
enable the Nation to prevent, respond to, recover from, and mitigate 
against all hazards, including natural disasters, acts of terrorism, and 
other man-made disasters.

    (b) Distribution of Guidelines.--The Administrator shall ensure that 
the guidelines are provided promptly to the appropriate committees of 
Congress and the States.
    (c) Objectives.--The Administrator shall ensure that the guidelines 
are specific, flexible, and measurable.
    (d) Terrorism Risk Assessment.--With respect to analyzing and 
assessing the risk of acts of terrorism, the Administrator shall 
consider--
            (1) the variables of threat, vulnerability, and consequences 
        related to population (including transient commuting and tourist 
        populations), areas of high population density, critical 
        infrastructure, coastline, and international borders; and
            (2) the most current risk assessment available from the 
        Chief Intelligence Officer of the Department of the threats of 
        terrorism against the United States.

    (e) Preparedness Priorities.--In establishing the guidelines under 
subsection (a), the Administrator shall establish preparedness 
priorities that appropriately balance the risk of all hazards, including 
natural disasters, acts of terrorism, and other man-made disasters, with 
the resources required to prevent, respond to, recover from, and 
mitigate against the hazards.
    (f) Mutual Aid Agreements.--The Administrator may provide support 
for the development of mutual aid agreements within States.

SEC. 647. <<NOTE: 6 USC 747.>> EQUIPMENT AND TRAINING STANDARDS.

    (a) Equipment Standards.--
            (1) In general.--The Administrator, in coordination with the 
        heads of appropriate Federal agencies and the National Advisory 
        Council, shall support the development, promulgation, and 
        updating, as necessary, of national voluntary consensus 
        standards for the performance, use, and validation of equipment 
        used by Federal, State, local, and tribal governments and 
        nongovernmental emergency response providers.
            (2) Requirements.--The national voluntary consensus 
        standards shall--
                    (A) be designed to achieve equipment and other 
                capabilities consistent with the national preparedness 
                goal, including the safety and health of emergency 
                response providers;
                    (B) to the maximum extent practicable, be consistent 
                with existing national voluntary consensus standards;
                    (C) take into account, as appropriate, threats that 
                may not have been contemplated when the existing 
                standards were developed; and

[[Page 120 STAT. 1427]]

                    (D) focus on maximizing operability, 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety.

    (b) Training Standards.--The Administrator shall--
            (1) support the development, promulgation, and regular 
        updating, as necessary, of national voluntary consensus 
        standards for training; and
            (2) ensure that the training provided under the national 
        training program is consistent with the standards.

    (c) Consultation With Standards Organizations.--In carrying out this 
section, the Administrator shall consult with representatives of 
relevant public and private sector national voluntary consensus 
standards development organizations.

SEC. 648. <<NOTE: 6 USC 748.>> TRAINING AND EXERCISES.

    (a) National Training Program.--
            (1) In general. <<NOTE: Deadline.>> --Beginning not later 
        than 180 days after the date of enactment of this Act, the 
        Administrator, in coordination with the heads of appropriate 
        Federal agencies, the National Council on Disability, and the 
        National Advisory Council, shall carry out a national training 
        program to implement the national preparedness goal, National 
        Incident Management System, National Response Plan, and other 
        related plans and strategies.
            (2) Training partners.--In developing and implementing the 
        national training program, the Administrator shall--
                    (A) work with government training facilities, 
                academic institutions, private organizations, and other 
                entities that provide specialized, state-of-the-art 
                training for emergency managers or emergency response 
                providers; and
                    (B) utilize, as appropriate, training courses 
                provided by community colleges, State and local public 
                safety academies, State and private universities, and 
                other facilities.

    (b) National Exercise Program.--
            (1) In general. <<NOTE: Deadline.>> --Beginning not later 
        than 180 days after the date of enactment of this Act, the 
        Administrator, in coordination with the heads of appropriate 
        Federal agencies, the National Council on Disability, and the 
        National Advisory Council, shall carry out a national exercise 
        program to test and evaluate the national preparedness goal, 
        National Incident Management System, National Response Plan, and 
        other related plans and strategies.
            (2) Requirements.--The national exercise program--
                    (A) shall be--
                          (i) as realistic as practicable, based on 
                      current risk assessments, including credible 
                      threats, vulnerabilities, and consequences, and 
                      designed to stress the national preparedness 
                      system;
                          (ii) designed, as practicable, to simulate the 
                      partial or complete incapacitation of a State, 
                      local, or tribal government;
                          (iii) carried out, as appropriate, with a 
                      minimum degree of notice to involved parties 
                      regarding the timing and details of such 
                      exercises, consistent with safety considerations;
                          (iv) designed to provide for systematic 
                      evaluation of readiness; and

[[Page 120 STAT. 1428]]

                          (v) designed to address the unique 
                      requirements of populations with special needs; 
                      and
                    (B) shall provide assistance to State, local, and 
                tribal governments with the design, implementation, and 
                evaluation of exercises that--
                          (i) conform to the requirements under 
                      subparagraph (A);
                          (ii) are consistent with any applicable State, 
                      local, or tribal strategy or plan; and
                          (iii) provide for systematic evaluation of 
                      readiness.
            (3) National level exercises.--The Administrator shall 
        periodically, but not less than biennially, perform national 
        exercises for the following purposes:
                    (A) To test and evaluate the capability of Federal, 
                State, local, and tribal governments to detect, disrupt, 
                and prevent threatened or actual catastrophic acts of 
                terrorism, especially those involving weapons of mass 
                destruction.
                    (B) To test and evaluate the readiness of Federal, 
                State, local, and tribal governments to respond and 
                recover in a coordinated and unified manner to 
                catastrophic incidents.

SEC. 649. <<NOTE: 6 USC 749.>> COMPREHENSIVE ASSESSMENT SYSTEM.

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

SEC. 650. <<NOTE: 6 USC 750.>> REMEDIAL ACTION MANAGEMENT PROGRAM.

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

[[Page 120 STAT. 1429]]

SEC. 651. <<NOTE: 6 USC 751.>> FEDERAL RESPONSE CAPABILITY INVENTORY.

    (a) In General.--In accordance with section 611(h)(1)(C) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196(h)(1)(C), the Administrator shall accelerate the completion 
of the inventory of Federal response capabilities.
    (b) Contents.--The inventory shall include--
            (1) for each capability--
                    (A) the performance parameters of the capability;
                    (B) the timeframe within which the capability can be 
                brought to bear on an incident; and
                    (C) the readiness of the capability to respond to 
                all hazards, including natural disasters, acts of 
                terrorism, and other man-made disasters; and
            (2) emergency communications assets maintained by the 
        Federal Government and, if appropriate, State, local, and tribal 
        governments and the private sector.

    (c) Department of Defense.--The Administrator, in coordination with 
the Secretary of Defense, shall develop a list of organizations and 
functions within the Department of Defense that may be used, pursuant to 
the authority provided under the National Response Plan and sections 
402, 403, and 502 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide 
support to civil authorities during natural disasters, acts of 
terrorism, and other man-made disasters.
    (d) Database.--The Administrator shall establish an inventory 
database to allow--
            (1) real-time exchange of information regarding 
        capabilities, readiness, or the compatibility of equipment;
            (2) easy identification and rapid deployment during an 
        incident; and
            (3) the sharing of inventories with other Federal agencies, 
        as appropriate.

SEC. 652. <<NOTE: 6 USC 752.>> REPORTING REQUIREMENTS.

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

[[Page 120 STAT. 1430]]

    (b) Catastrophic Resource Report.--
            (1) In general.--The Administrator shall develop and submit 
        to the appropriate committees of Congress annually an estimate 
        of the resources of the Agency and other Federal agencies needed 
        for and devoted specifically to developing the capabilities of 
        Federal, State, local, and tribal governments necessary to 
        respond to a catastrophic incident.
            (2) Contents.--Each estimate under paragraph (1) shall 
        include the resources both necessary for and devoted to--
                    (A) planning;
                    (B) training and exercises;
                    (C) Regional Office enhancements;
                    (D) staffing, including for surge capacity during a 
                catastrophic incident;
                    (E) additional logistics capabilities;
                    (F) other responsibilities under the catastrophic 
                incident annex and the catastrophic incident supplement 
                of the National Response Plan;
                    (G) State, local, and tribal government catastrophic 
                incident preparedness; and
                    (H) covering increases in the fixed costs or 
                expenses of the Agency, including rent or property 
                acquisition costs or expenses, taxes, contributions to 
                the working capital fund of the Department, and security 
                costs for the year after the year in which such estimate 
                is submitted.

    (c) State Preparedness Report.--
            (1) In general.--Not later than 15 months after the date of 
        enactment of this Act, and annually thereafter, a State 
        receiving Federal preparedness assistance administered by the 
        Department shall submit a report to the Administrator on the 
        State's level of preparedness.
            (2) Contents.--Each report shall include--
                    (A) an assessment of State compliance with the 
                national preparedness system, National Incident 
                Management System, National Response Plan, and other 
                related plans and strategies;
                    (B) an assessment of current capability levels and a 
                description of target capability levels; and
                    (C) an assessment of resource needs to meet the 
                preparedness priorities established under section 
                646(e), including--
                          (i) an estimate of the amount of expenditures 
                      required to attain the preparedness priorities; 
                      and
                          (ii) the extent to which the use of Federal 
                      assistance during the preceding fiscal year 
                      achieved the preparedness priorities.

SEC. 653. <<NOTE: 6 USC 753.>> FEDERAL PREPAREDNESS.

    (a) Agency Responsibility.--In support of the national preparedness 
system, the President shall ensure that each Federal agency with 
coordinating, primary, or supporting responsibilities under the National 
Response Plan--
            (1) has the operational capability to meet the national 
        preparedness goal, including--
                    (A) the personnel to make and communicate decisions;
                    (B) organizational structures that are assigned, 
                trained, and exercised for the missions of the agency;

[[Page 120 STAT. 1431]]

                    (C) sufficient physical resources; and
                    (D) the command, control, and communication channels 
                to make, monitor, and communicate decisions;
            (2) complies with the National Incident Management System;
            (3) develops, trains, and exercises rosters of response 
        personnel to be deployed when the agency is called upon to 
        support a Federal response; and
            (4) develops deliberate operational plans and the 
        corresponding capabilities, including crisis planning, to 
        respond effectively to natural disasters, acts of terrorism, and 
        other man-made disasters in support of the National Response 
        Plan to ensure a coordinated Federal response.

    (b) Operational Plans.--An operations plan developed under 
subsection (a)(4) shall meet the following requirements:
            (1) The operations plan shall be coordinated under a unified 
        system with a common terminology, approach, and framework.
            (2) The operations plan shall be developed, in coordination 
        with State, local, and tribal government officials, to address 
        both regional and national risks.
            (3) The operations plan shall contain, as appropriate, the 
        following elements:
                    (A) Concepts of operations.
                    (B) Critical tasks and responsibilities.
                    (C) Detailed resource and personnel requirements, 
                together with sourcing requirements.
                    (D) Specific provisions for the rapid integration of 
                the resources and personnel of the agency into the 
                overall response.
            (4) The operations plan shall address, as appropriate, the 
        following matters:
                    (A) Support of State, local, and tribal governments 
                in conducting mass evacuations, including--
                          (i) transportation and relocation;
                          (ii) short- and long-term sheltering and 
                      accommodation;
                          (iii) provisions for populations with special 
                      needs, keeping families together, and expeditious 
                      location of missing children; and
                          (iv) policies and provisions for pets.
                    (B) The preparedness and deployment of public health 
                and medical resources, including resources to address 
                the needs of evacuees and populations with special 
                needs.
                    (C) The coordination of interagency search and 
                rescue operations, including land, water, and airborne 
                search and rescue operations.
                    (D) The roles and responsibilities of the Senior 
                Federal Law Enforcement Official with respect to other 
                law enforcement entities.
                    (E) The protection of critical infrastructure.
                    (F) The coordination of maritime salvage efforts 
                among relevant agencies.
                    (G) The coordination of Department of Defense and 
                National Guard support of civilian authorities.
                    (H) To the extent practicable, the utilization of 
                Department of Defense, National Air and Space 
                Administration,

[[Page 120 STAT. 1432]]

                National Oceanic and Atmospheric Administration, and 
                commercial aircraft and satellite remotely sensed 
                imagery.
                    (I) The coordination and integration of support from 
                the private sector and nongovernmental organizations.
                    (J) The safe disposal of debris, including hazardous 
                materials, and, when practicable, the recycling of 
                debris.
                    (K) The identification of the required surge 
                capacity.
                    (L) Specific provisions for the recovery of affected 
                geographic areas.

    (c) Mission Assignments.--To expedite the provision of assistance 
under the National Response Plan, the President shall ensure that the 
Administrator, in coordination with Federal agencies with 
responsibilities under the National Response Plan, develops prescripted 
mission assignments, including logistics, communications, mass care, 
health services, and public safety.
    (d) Certification.--The President shall certify on an annual basis 
that each Federal agency with coordinating, primary, or supporting 
responsibilities under the National Response Plan complies with 
subsections (a) and (b).
    (e) Construction.--Nothing in this section shall be construed to 
limit the authority of the Secretary of Defense with regard to--
            (1) the command, control, training, planning, equipment, 
        exercises, or employment of Department of Defense forces; or
            (2) the allocation of Department of Defense resources.

SEC. 654. U <<NOTE: 6 USC 754.>> SE OF EXISTING RESOURCES.

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

                   CHAPTER 2--ADDITIONAL PREPAREDNESS

SEC. 661. <<NOTE: 6 USC 761.>> EMERGENCY MANAGEMENT ASSISTANCE COMPACT 
            GRANTS.

    (a) In General.--The Administrator may make grants to administer the 
Emergency Management Assistance Compact consented to by the Joint 
Resolution entitled ``Joint Resolution granting the consent of Congress 
to the Emergency Management Assistance Compact'' (Public Law 104-321; 
110 Stat. 3877).
    (b) Uses.--A grant under this section shall be used--
            (1) to carry out recommendations identified in the Emergency 
        Management Assistance Compact after-action reports for the 2004 
        and 2005 hurricane season;
            (2) to administer compact operations on behalf of all member 
        States and territories;
            (3) to continue coordination with the Agency and appropriate 
        Federal agencies;
            (4) to continue coordination with State, local, and tribal 
        government entities and their respective national organizations; 
        and
            (5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing emergency response providers and 
        the typing of emergency response resources.

    (c)  Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact

[[Page 120 STAT. 1433]]

to ensure effective coordination of efforts in responding to requests 
for assistance.
    (d) Authorization.--There is authorized to be appropriated to carry 
out this section $4,000,000 for fiscal year 2008. Such sums shall remain 
available until expended.

SEC. 662. <<NOTE: 6 USC 762.>> EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

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

SEC. 663. <<NOTE: 6 USC 763.>> TRANSFER OF NOBLE TRAINING CENTER.

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

SEC. 664. <<NOTE: President. 6 USC 764.>> NATIONAL EXERCISE SIMULATION 
            CENTER.

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

                  Subtitle D--Emergency Communications

SEC. 671. <<NOTE: 21st Century Emergency Communications Act of 
            2006.>> EMERGENCY COMMUNICATIONS.

    (a) <<NOTE: 6 USC 101 note.>> Short Title.--This section may be 
cited as the ``21st Century Emergency Communications Act of 2006''.

    (b) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following new title:

                 ``TITLE XVIII--EMERGENCY COMMUNICATIONS

``SEC. 1801. <<NOTE: 6 USC 571.>> OFFICE OF EMERGENCY COMMUNICATIONS.

    ``(a) In General.--There is established in the Department an Office 
of Emergency Communications.
    ``(b) Director.--The head of the office shall be the Director for 
Emergency Communications. The Director shall report to the Assistant 
Secretary for Cybersecurity and Communications.

[[Page 120 STAT. 1434]]

    ``(c) Responsibilities.--The Director for Emergency Communications 
shall--
            ``(1) assist the Secretary in developing and implementing 
        the program described in section 7303(a)(1) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
        194(a)(1)), except as provided in section 314;
            ``(2) administer the Department's responsibilities and 
        authorities relating to the SAFECOM Program, excluding elements 
        related to research, development, testing, and evaluation and 
        standards;
            ``(3) administer the Department's responsibilities and 
        authorities relating to the Integrated Wireless Network program;
            ``(4) conduct extensive, nationwide outreach to support and 
        promote the ability of emergency response providers and relevant 
        government officials to continue to communicate in the event of 
        natural disasters, acts of terrorism, and other man-made 
        disasters;
            ``(5) conduct extensive, nationwide outreach and foster the 
        development of interoperable emergency communications 
        capabilities by State, regional, local, and tribal governments 
        and public safety agencies, and by regional consortia thereof;
            ``(6) provide technical assistance to State, regional, 
        local, and tribal government officials with respect to use of 
        interoperable emergency communications capabilities;
            ``(7) coordinate with the Regional Administrators regarding 
        the activities of Regional Emergency Communications Coordination 
        Working Groups under section 1805;
            ``(8) promote the development of standard operating 
        procedures and best practices with respect to use of 
        interoperable emergency communications capabilities for incident 
        response, and facilitate the sharing of information on such best 
        practices for achieving, maintaining, and enhancing 
        interoperable emergency communications capabilities for such 
        response;
            ``(9) coordinate, in cooperation with the National 
        Communications System, the establishment of a national response 
        capability with initial and ongoing planning, implementation, 
        and training for the deployment of communications equipment for 
        relevant State, local, and tribal governments and emergency 
        response providers in the event of a catastrophic loss of local 
        and regional emergency communications services;
            ``(10) assist the President, the National Security Council, 
        the Homeland Security Council, and the Director of the Office of 
        Management and Budget in ensuring the continued operation of the 
        telecommunications functions and responsibilities of the Federal 
        Government, excluding spectrum management;
            ``(11) establish, in coordination with the Director of the 
        Office for Interoperability and Compatibility, requirements for 
        interoperable emergency communications capabilities, which shall 
        be nonproprietary where standards for such capabilities exist, 
        for all public safety radio and data communications systems and 
        equipment purchased using homeland security assistance 
        administered by the Department, excluding any alert and warning 
        device, technology, or system;
            ``(12) review, in consultation with the Assistant Secretary 
        for Grants and Training, all interoperable emergency 
        communications plans of Federal, State, local, and tribal 
        governments,

[[Page 120 STAT. 1435]]

        including Statewide and tactical interoperability plans, 
        developed pursuant to homeland security assistance administered 
        by the Department, but excluding spectrum allocation and 
        management related to such plans;
            ``(13) develop and update periodically, as appropriate, a 
        National Emergency Communications Plan under section 1802;
            ``(14) perform such other duties of the Department necessary 
        to support and promote the ability of emergency response 
        providers and relevant government officials to continue to 
        communicate in the event of natural disasters, acts of 
        terrorism, and other man-made disasters; and
            ``(15) perform other duties of the Department necessary to 
        achieve the goal of and maintain and enhance interoperable 
        emergency communications capabilities.

    ``(d) Performance of Previously Transferred Functions.--The 
Secretary shall transfer to, and administer through, the Director for 
Emergency Communications the following programs and responsibilities:
            ``(1) The SAFECOM Program, excluding elements related to 
        research, development, testing, and evaluation and standards.
            ``(2) The responsibilities of the Chief Information Officer 
        related to the implementation of the Integrated Wireless 
        Network.
            ``(3) The Interoperable Communications Technical Assistance 
        Program.

    ``(e) Coordination.--The Director for Emergency Communications shall 
coordinate--
            ``(1) as appropriate, with the Director of the Office for 
        Interoperability and Compatibility with respect to the 
        responsibilities described in section 314; and
            ``(2) with the Administrator of the Federal Emergency 
        Management Agency with respect to the responsibilities described 
        in this title.

    ``(f) Sufficiency of Resources Plan.--
            ``(1) Report.--Not later than 120 days after the date of 
        enactment of this section, the Secretary shall submit to 
        Congress a report on the resources and staff necessary to carry 
        out fully the responsibilities under this title.
            ``(2) Comptroller general review.--The Comptroller General 
        shall review the validity of the report submitted by the 
        Secretary under paragraph (1). <<NOTE: Reports. Deadline.>> Not 
        later than 60 days after the date on which such report is 
        submitted, the Comptroller General shall submit to Congress a 
        report containing the findings of such review.

``SEC. 1802. <<NOTE: 6 USC 572.>> NATIONAL EMERGENCY COMMUNICATIONS 
            PLAN.

    ``(a) In General. <<NOTE: Deadline.>> --The Secretary, acting 
through the Director for Emergency Communications, and in cooperation 
with the Department of National Communications System (as appropriate), 
shall, in cooperation with State, local, and tribal governments, Federal 
departments and agencies, emergency response providers, and the private 
sector, develop not later than 180 days after the completion of the 
baseline assessment under section 1803, and periodically update, a 
National Emergency Communications Plan to provide recommendations 
regarding how the United States should--

[[Page 120 STAT. 1436]]

            ``(1) support and promote the ability of emergency response 
        providers and relevant government officials to continue to 
        communicate in the event of natural disasters, acts of 
        terrorism, and other man-made disasters; and
            ``(2) ensure, accelerate, and attain interoperable emergency 
        communications nationwide.

    ``(b) Coordination.--The Emergency Communications Preparedness 
Center under section 1806 shall coordinate the development of the 
Federal aspects of the National Emergency Communications Plan.
    ``(c) Contents.--The National Emergency Communications Plan shall--
            ``(1) include recommendations developed in consultation with 
        the Federal Communications Commission and the National Institute 
        of Standards and Technology for a process for expediting 
        national voluntary consensus standards for emergency 
        communications equipment for the purchase and use by public 
        safety agencies of interoperable emergency communications 
        equipment and technologies;
            ``(2) identify the appropriate capabilities necessary for 
        emergency response providers and relevant government officials 
        to continue to communicate in the event of natural disasters, 
        acts of terrorism, and other man-made disasters;
            ``(3) identify the appropriate interoperable emergency 
        communications capabilities necessary for Federal, State, local, 
        and tribal governments in the event of natural disasters, acts 
        of terrorism, and other man-made disasters;
            ``(4) recommend both short-term and long-term solutions for 
        ensuring that emergency response providers and relevant 
        government officials can continue to communicate in the event of 
        natural disasters, acts of terrorism, and other man-made 
        disasters;
            ``(5) recommend both short-term and long-term solutions for 
        deploying interoperable emergency communications systems for 
        Federal, State, local, and tribal governments throughout the 
        Nation, including through the provision of existing and emerging 
        technologies;
            ``(6) identify how Federal departments and agencies that 
        respond to natural disasters, acts of terrorism, and other man-
        made disasters can work effectively with State, local, and 
        tribal governments, in all States, and with other entities;
            ``(7) identify obstacles to deploying interoperable 
        emergency communications capabilities nationwide and recommend 
        short-term and long-term measures to overcome those obstacles, 
        including recommendations for multijurisdictional coordination 
        among Federal, State, local, and tribal governments;
            ``(8) recommend goals and timeframes for the deployment of 
        emergency, command-level communications systems based on new and 
        existing equipment across the United States and develop a 
        timetable for the deployment of interoperable emergency 
        communications systems nationwide; and
            ``(9) recommend appropriate measures that emergency response 
        providers should employ to ensure the continued operation of 
        relevant governmental communications infrastructure in the event 
        of natural disasters, acts of terrorism, or other man-made 
        disasters.

[[Page 120 STAT. 1437]]

``SEC. 1803. <<NOTE: 6 USC 573.>> ASSESSMENTS AND REPORTS.

    ``(a) Baseline Assessment.--Not later than 1 year after the date of 
enactment of this section and not less than every 5 years thereafter, 
the Secretary, acting through the Director for Emergency Communications, 
shall conduct an assessment of Federal, State, local, and tribal 
governments that--
            ``(1) defines the range of capabilities needed by emergency 
        response providers and relevant government officials to continue 
        to communicate in the event of natural disasters, acts of 
        terrorism, and other man-made disasters;
            ``(2) defines the range of interoperable emergency 
        communications capabilities needed for specific events;
            ``(3) assesses the current available capabilities to meet 
        such communications needs;
            ``(4) identifies the gap between such current capabilities 
        and defined requirements; and
            ``(5) includes a national interoperable emergency 
        communications inventory to be completed by the Secretary of 
        Homeland Security, the Secretary of Commerce, and the Chairman 
        of the Federal Communications Commission that--
                    ``(A) identifies for each Federal department and 
                agency--
                          ``(i) the channels and frequencies used;
                          ``(ii) the nomenclature used to refer to each 
                      channel or frequency used; and
                          ``(iii) the types of communications systems 
                      and equipment used; and
                    ``(B) identifies the interoperable emergency 
                communications systems in use by public safety agencies 
                in the United States.

    ``(b) Classified Annex.--The baseline assessment under this section 
may include a classified annex including information provided under 
subsection (a)(5)(A).
    ``(c) Savings Clause.--In conducting the baseline assessment under 
this section, the Secretary may incorporate findings from assessments 
conducted before, or ongoing on, the date of enactment of this title.
    ``(d) Progress Reports.--Not later than one year after the date of 
enactment of this section and biennially thereafter, the Secretary, 
acting through the Director for Emergency Communications, shall submit 
to Congress a report on the progress of the Department in achieving the 
goals of, and carrying out its responsibilities under, this title, 
including--
            ``(1) a description of the findings of the most recent 
        baseline assessment conducted under subsection (a);
            ``(2) a determination of the degree to which interoperable 
        emergency communications capabilities have been attained to date 
        and the gaps that remain for interoperability to be achieved;
            ``(3) an evaluation of the ability to continue to 
        communicate and to provide and maintain interoperable emergency 
        communications by emergency managers, emergency response 
        providers, and relevant government officials in the event of--
                    ``(A) natural disasters, acts of terrorism, or other 
                man-made disasters, including Incidents of National 
                Significance declared by the Secretary under the 
                National Response Plan; and

[[Page 120 STAT. 1438]]

                    ``(B) a catastrophic loss of local and regional 
                communications services;
            ``(4) a list of best practices relating to the ability to 
        continue to communicate and to provide and maintain 
        interoperable emergency communications in the event of natural 
        disasters, acts of terrorism, or other man-made disasters; and
                    ``(A) an evaluation of the feasibility and 
                desirability of the Department developing, on its own or 
                in conjunction with the Department of Defense, a mobile 
                communications capability, modeled on the Army Signal 
                Corps, that could be deployed to support emergency 
                communications at the site of natural disasters, acts of 
                terrorism, or other man-made disasters.

``SEC. 1804. <<NOTE: 6 USC 574.>> COORDINATION OF DEPARTMENT EMERGENCY 
            COMMUNICATIONS GRANT PROGRAMS.

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

[[Page 120 STAT. 1439]]

``SEC. 1805. <<NOTE: 6 USC 575.>> REGIONAL EMERGENCY COMMUNICATIONS 
            COORDINATION.

    ``(a) <<NOTE: Establishment.>> In General.--There is established in 
each Regional Office a Regional Emergency Communications Coordination 
Working Group (in this section referred to as an `RECC Working Group'). 
Each RECC <<NOTE: Reports.>> Working Group shall report to the relevant 
Regional Administrator and coordinate its activities with the relevant 
Regional Advisory Council.

    ``(b) Membership.--Each RECC Working Group shall consist of the 
following:
            ``(1) Non-federal.--Organizations representing the interests 
        of the following:
                    ``(A) State officials.
                    ``(B) Local government officials, including 
                sheriffs.
                    ``(C) State police departments.
                    ``(D) Local police departments.
                    ``(E) Local fire departments.
                    ``(F) Public safety answering points (9-1-1 
                services).
                    ``(G) State emergency managers, homeland security 
                directors, or representatives of State Administrative 
                Agencies.
                    ``(H) Local emergency managers or homeland security 
                directors.
                    ``(I) Other emergency response providers as 
                appropriate.
            ``(2) Federal.--Representatives from the Department, the 
        Federal Communications Commission, and other Federal departments 
        and agencies with responsibility for coordinating interoperable 
        emergency communications with or providing emergency support 
        services to State, local, and tribal governments.

    ``(c) Coordination.--Each RECC Working Group shall coordinate its 
activities with the following:
            ``(1) Communications equipment manufacturers and vendors 
        (including broadband data service providers).
            ``(2) Local exchange carriers.
            ``(3) Local broadcast media.
            ``(4) Wireless carriers.
            ``(5) Satellite communications services.
            ``(6) Cable operators.
            ``(7) Hospitals.
            ``(8) Public utility services.
            ``(9) Emergency evacuation transit services.
            ``(10) Ambulance services.
            ``(11) HAM and amateur radio operators.
            ``(12) Representatives from other private sector entities 
        and nongovernmental organizations as the Regional Administrator 
        determines appropriate.

    ``(d) Duties.--The duties of each RECC Working Group shall include--
            ``(1) assessing the survivability, sustainability, and 
        interoperability of local emergency communications systems to 
        meet the goals of the National Emergency Communications Plan;
            ``(2) reporting annually to the relevant Regional 
        Administrator, the Director for Emergency Communications, the 
        Chairman of the Federal Communications Commission, and the 
        Assistant Secretary for Communications and Information of

[[Page 120 STAT. 1440]]

        the Department of Commerce on the status of its region in 
        building robust and sustainable interoperable voice and data 
        emergency communications networks and, not later than 60 days 
        after the completion of the initial National Emergency 
        Communications Plan under section 1802, on the progress of the 
        region in meeting the goals of such plan;
            ``(3) ensuring a process for the coordination of effective 
        multijurisdictional, multi-agency emergency communications 
        networks for use during natural disasters, acts of terrorism, 
        and other man-made disasters through the expanded use of 
        emergency management and public safety communications mutual aid 
        agreements; and
            ``(4) coordinating the establishment of Federal, State, 
        local, and tribal support services and networks designed to 
        address the immediate and critical human needs in responding to 
        natural disasters, acts of terrorism, and other man-made 
        disasters.

``SEC. 1806. <<NOTE: 6 USC 576.>> EMERGENCY COMMUNICATIONS PREPAREDNESS 
            CENTER.

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

[[Page 120 STAT. 1441]]

``SEC. 1807. <<NOTE: 6 USC 577.>> URBAN AND OTHER HIGH RISK AREA 
            COMMUNICATIONS CAPABILITIES.

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

``SEC. 1808. <<NOTE: 6 USC 578.>> DEFINITION.

    ``In this title, the term `interoperable' has the meaning given the 
term `interoperable communications' under section 7303(g)(1) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
194(g)(1)).''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
adding at the end the following:

                 ``TITLE XVIII--EMERGENCY COMMUNICATIONS

``Sec. 1801. Office for Emergency Communications.
``Sec. 1802. National Emergency Communications Plan.
``Sec. 1803. Assessments and reports.
``Sec. 1804. Coordination of Federal emergency communications grant 
           programs.
``Sec. 1805. Regional emergency communications coordination.
``Sec. 1806. Emergency Communications Preparedness Center.
``Sec. 1807. Urban and other high risk area communications capabilities.
``Sec. 1808. Definition.''.

SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

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

``SEC. 314. <<NOTE: 6 USC 195.>> OFFICE FOR INTEROPERABILITY AND 
            COMPATIBILITY.

    ``(a) Clarification of Responsibilities.--The Director of the Office 
for Interoperability and Compatibility shall--
            ``(1) assist the Secretary in developing and implementing 
        the science and technology aspects of the program described in 
        subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 194(a)(1));

[[Page 120 STAT. 1442]]

            ``(2) in coordination with the Federal Communications 
        Commission, the National Institute of Standards and Technology, 
        and other Federal departments and agencies with responsibility 
        for standards, support the creation of national voluntary 
        consensus standards for interoperable emergency communications;
            ``(3) establish a comprehensive research, development, 
        testing, and evaluation program for improving interoperable 
        emergency communications;
            ``(4) establish, in coordination with the Director for 
        Emergency Communications, requirements for interoperable 
        emergency communications capabilities, which shall be 
        nonproprietary where standards for such capabilities exist, for 
        all public safety radio and data communications systems and 
        equipment purchased using homeland security assistance 
        administered by the Department, excluding any alert and warning 
        device, technology, or system;
            ``(5) carry out the Department's responsibilities and 
        authorities relating to research, development, testing, 
        evaluation, or standards-related elements of the SAFECOM 
        Program;
            ``(6) evaluate and assess new technology in real-world 
        environments to achieve interoperable emergency communications 
        capabilities;
            ``(7) encourage more efficient use of existing resources, 
        including equipment, to achieve interoperable emergency 
        communications capabilities;
            ``(8) test public safety communications systems that are 
        less prone to failure, support new nonvoice services, use 
        spectrum more efficiently, and cost less than existing systems;
            ``(9) coordinate with the private sector to develop 
        solutions to improve emergency communications capabilities and 
        achieve interoperable emergency communications capabilities; and
            ``(10) conduct pilot projects, in coordination with the 
        Director for Emergency Communications, to test and demonstrate 
        technologies, including data and video, that enhance--
                    ``(A) the ability of emergency response providers 
                and relevant government officials to continue to 
                communicate in the event of natural disasters, acts of 
                terrorism, and other man-made disasters; and
                    ``(B) interoperable emergency communications 
                capabilities.

    ``(b) Coordination.--The Director of the Office for Interoperability 
and Compatibility shall coordinate with the Director for Emergency 
Communications with respect to the SAFECOM program.
    ``(c) Sufficiency of Resources.--The Secretary shall provide the 
Office for Interoperability and Compatibility the resources and staff 
necessary to carry out the responsibilities under this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 313 the following:

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


[[Page 120 STAT. 1443]]



SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND 
            DEVELOPMENT.

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

``SEC. 315. <<NOTE: 6 USC 195a.>> EMERGENCY COMMUNICATIONS 
            INTEROPERABILITY RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Under Secretary for Science and Technology, 
acting through the Director of the Office for Interoperability and 
Compatibility, shall establish a comprehensive research and development 
program to support and promote--
            ``(1) the ability of emergency response providers and 
        relevant government officials to continue to communicate in the 
        event of natural disasters, acts of terrorism, and other man-
        made disasters; and
            ``(2) interoperable emergency communications capabilities 
        among emergency response providers and relevant government 
        officials, including by--
                    ``(A) supporting research on a competitive basis, 
                including through the Directorate of Science and 
                Technology and Homeland Security Advanced Research 
                Projects Agency; and
                    ``(B) considering the establishment of a Center of 
                Excellence under the Department of Homeland Security 
                Centers of Excellence Program focused on improving 
                emergency response providers' communication 
                capabilities.

    ``(b) Purposes.--The purposes of the program established under 
subsection (a) include--
            ``(1) supporting research, development, testing, and 
        evaluation on emergency communication capabilities;
            ``(2) understanding the strengths and weaknesses of the 
        public safety communications systems in use;
            ``(3) examining how current and emerging technology can make 
        emergency response providers more effective, and how Federal, 
        State, local, and tribal government agencies can use this 
        technology in a coherent and cost-effective manner;
            ``(4) investigating technologies that could lead to long-
        term advancements in emergency communications capabilities and 
        supporting research on advanced technologies and potential 
        systemic changes to dramatically improve emergency 
        communications; and
            ``(5) evaluating and validating advanced technology 
        concepts, and facilitating the development and deployment of 
        interoperable emergency communication capabilities.

    ``(c) Definitions.--For purposes of this section, the term 
`interoperable', with respect to emergency communications, has the 
meaning given the term in section 1808.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 314, as added by this Act, 
the following:

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


[[Page 120 STAT. 1444]]



SEC. 674. 911 AND E911 SERVICES REPORT.

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

SEC. 675. <<NOTE: 6 USC 571 note.>> SAVINGS CLAUSE.

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

                   Subtitle E--Stafford Act Amendments

SEC. 681. GENERAL FEDERAL ASSISTANCE.

    (a) Major Disasters.--Section 402 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended--
            (1) in paragraph (1), by striking ``efforts'' and inserting 
        ``response or recovery efforts, including precautionary 
        evacuations'';
            (2) in paragraph (2), by striking the semicolon and 
        inserting ``, including precautionary evacuations and 
        recovery;'';
            (3) in paragraph (3)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(F) recovery activities, including disaster impact 
                assessments and planning;'';
            (4) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (5) by adding at the end the following:
            ``(5) provide accelerated Federal assistance and Federal 
        support where necessary to save lives, prevent human suffering, 
        or mitigate severe damage, which may be provided in the absence 
        of a specific request and in which case the President--
                    ``(A) shall, to the fullest extent practicable, 
                promptly notify and coordinate with officials in a State 
                in which such assistance or support is provided; and
                    ``(B) shall not, in notifying and coordinating with 
                a State under subparagraph (A), delay or impede the 
                rapid deployment, use, and distribution of critical 
                resources to victims of a major disaster.''.

    (b) Emergencies.--Section 502 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5192) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking the semicolon and 
                inserting ``, including precautionary evacuations;'';
                    (B) in paragraph (6), by striking ``and'' after the 
                semicolon;
                    (C) in paragraph (7), by striking the period and 
                inserting ``; and''; and

[[Page 120 STAT. 1445]]

                    (D) by adding at the end the following:
            ``(8) provide accelerated Federal assistance and Federal 
        support where necessary to save lives, prevent human suffering, 
        or mitigate severe damage, which may be provided in the absence 
        of a specific request and in which case the President--
                    ``(A) shall, to the fullest extent practicable, 
                promptly notify and coordinate with a State in which 
                such assistance or support is provided; and
                    ``(B) shall not, in notifying and coordinating with 
                a State under subparagraph (A), delay or impede the 
                rapid deployment, use, and distribution of critical 
                resources to victims of an emergency.'';
            (2) in subsection (b), by striking the period and inserting 
        ``, including precautionary evacuations.''; and
            (3) by adding at the end the following:

    ``(c) <<NOTE: President.>> Guidelines.--The President shall 
promulgate and maintain guidelines to assist Governors in requesting the 
declaration of an emergency in advance of a natural or man-made disaster 
(including for the purpose of seeking assistance with special needs and 
other evacuation efforts) under this section by defining the types of 
assistance available to affected States and the circumstances under 
which such requests are likely to be approved.''.

SEC. 682. <<NOTE: 6 USC 771.>> NATIONAL DISASTER RECOVERY STRATEGY.

    (a) In General.--The Administrator, in coordination with the 
Secretary of Housing and Urban Development, the Administrator of the 
Environmental Protection Agency, the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of the Treasury, the Secretary of 
Transportation, the Administrator of the Small Business Administration, 
the Assistant Secretary for Indian Affairs of the Department of the 
Interior, and the heads of other appropriate Federal agencies, State, 
local, and tribal government officials (including through the National 
Advisory Council), and representatives of appropriate nongovernmental 
organizations shall develop, coordinate, and maintain a National 
Disaster Recovery Strategy to serve as a guide to recovery efforts after 
major disasters and emergencies.
    (b) Contents.--The National Disaster Recovery Strategy shall--
            (1) outline the most efficient and cost-effective Federal 
        programs that will meet the recovery needs of States, local and 
        tribal governments, and individuals and households affected by a 
        major disaster;
            (2) clearly define the role, programs, authorities, and 
        responsibilities of each Federal agency that may be of 
        assistance in providing assistance in the recovery from a major 
        disaster;
            (3) promote the use of the most appropriate and cost-
        effective building materials (based on the hazards present in an 
        area) in any area affected by a major disaster, with the goal of 
        encouraging the construction of disaster-resistant buildings; 
        and
            (4) describe in detail the programs that may be offered by 
        the agencies described in paragraph (2), including--
                    (A) discussing funding issues;
                    (B) detailing how responsibilities under the 
                National Disaster Recovery Strategy will be shared; and

[[Page 120 STAT. 1446]]

                    (C) addressing other matters concerning the 
                cooperative effort to provide recovery assistance.

    (c) Report.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Administrator shall submit to the 
        appropriate committees of Congress a report describing in detail 
        the National Disaster Recovery Strategy and any additional 
        authorities necessary to implement any portion of the National 
        Disaster Recovery Strategy.
            (2) Update.--The Administrator shall submit to the 
        appropriate committees of Congress a report updating the report 
        submitted under paragraph (1)--
                    (A) on the same date that any change is made to the 
                National Disaster Recovery Strategy; and
                    (B) on a periodic basis after the submission of the 
                report under paragraph (1), but not less than once every 
                5 years after the date of the submission of the report 
                under paragraph (1).

SEC. 683. <<NOTE: 6 USC 772.>> NATIONAL DISASTER HOUSING STRATEGY.

    (a) In General.--The Administrator, in coordination with 
representatives of the Federal agencies, governments, and organizations 
listed in subsection (b)(2) of this section, the National Advisory 
Council, the National Council on Disability, and other entities at the 
Administrator's discretion, shall develop, coordinate, and maintain a 
National Disaster Housing Strategy.
    (b) Contents.--The National Disaster Housing Strategy shall--
            (1) outline the most efficient and cost effective Federal 
        programs that will best meet the short-term and long-term 
        housing needs of individuals and households affected by a major 
        disaster;
            (2) clearly define the role, programs, authorities, and 
        responsibilities of each entity in providing housing assistance 
        in the event of a major disaster, including--
                    (A) the Agency;
                    (B) the Department of Housing and Urban Development;
                    (C) the Department of Agriculture;
                    (D) the Department of Veterans Affairs;
                    (E) the Department of Health and Human Services;
                    (F) the Bureau of Indian Affairs;
                    (G) any other Federal agency that may provide 
                housing assistance in the event of a major disaster;
                    (H) the American Red Cross; and
                    (I) State, local, and tribal governments;
            (3) describe in detail the programs that may be offered by 
        the entities described in paragraph (2), including--
                    (A) outlining any funding issues;
                    (B) detailing how responsibilities under the 
                National Disaster Housing Strategy will be shared; and
                    (C) addressing other matters concerning the 
                cooperative effort to provide housing assistance during 
                a major disaster;
            (4) consider methods through which housing assistance can be 
        provided to individuals and households where employment and 
        other resources for living are available;

[[Page 120 STAT. 1447]]

            (5) describe programs directed to meet the needs of special 
        needs and low-income populations and ensure that a sufficient 
        number of housing units are provided for individuals with 
        disabilities;
            (6) describe plans for the operation of clusters of housing 
        provided to individuals and households, including access to 
        public services, site management, security, and site density;
            (7) describe plans for promoting the repair or 
        rehabilitation of existing rental housing, including through 
        lease agreements or other means, in order to improve the 
        provision of housing to individuals and households under section 
        408 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5174); and
            (8) describe any additional authorities necessary to carry 
        out any portion of the strategy.

    (c) Guidance.--The Administrator should develop and make publicly 
available guidance on--
            (1) types of housing assistance available under the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) to individuals and households affected by 
        an emergency or major disaster;
            (2) eligibility for such assistance (including, where 
        appropriate, the continuation of such assistance); and
            (3) application procedures for such assistance.

    (d) Report.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Administrator shall submit to the 
        appropriate committees of Congress a report describing in detail 
        the National Disaster Housing Strategy, including programs 
        directed to meeting the needs of special needs populations.
            (2) Updated report.--The Administrator shall submit to the 
        appropriate committees of Congress a report updating the report 
        submitted under paragraph (1)--
                    (A) on the same date that any change is made to the 
                National Disaster Housing Strategy; and
                    (B) on a periodic basis after the submission of the 
                report under paragraph (1), but not less than once every 
                5 years after the date of the submission of the report 
                under paragraph (1).

SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.

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

SEC. 685. HOUSING ASSISTANCE.

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

[[Page 120 STAT. 1448]]

SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.

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

SEC. 687. COORDINATING OFFICERS.

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

SEC. 688. DEFINITIONS.

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

SEC. 689. INDIVIDUALS WITH DISABILITIES.

    (a) Guidelines. <<NOTE: Deadline. 6 USC 773.>> --Not later than 90 
days after the date of enactment of this Act, and in coordination with 
the National Advisory Council, the National Council on Disability, the 
Interagency Coordinating Council on Preparedness and Individuals With 
Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 
note), and the Disability Coordinator (established under section 513 of 
the Homeland Security Act of 2002, as added by this Act),

[[Page 120 STAT. 1449]]

the Administrator shall develop guidelines to accommodate individuals 
with disabilities, which shall include guidelines for--
            (1) the accessibility of, and communications and programs 
        in, shelters, recovery centers, and other facilities; and
            (2) devices used in connection with disaster operations, 
        including first aid stations, mass feeding areas, portable 
        payphone stations, portable toilets, and temporary housing.

    (b) Essential Assistance.--Section 403(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is 
amended--
            (1) in paragraph (2), by inserting ``durable medical 
        equipment,'' after ``medicine''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by inserting ``durable 
                medical equipment,'' after ``medicine'';
                    (B) in subparagraph (H), by striking ``and'' at the 
                end;
                    (C) in subparagraph (I), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(J) provision of rescue, care, shelter, and 
                essential needs--
                          ``(i) to individuals with household pets and 
                      service animals; and
                          ``(ii) to such pets and animals.''.

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

SEC. 689a. NONDISCRIMINATION IN DISASTER ASSISTANCE.

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

SEC. 689b. <<NOTE: 6 USC 774.>> REUNIFICATION.

    (a) Definitions.--In this section:
            (1) Child locator center.--The term ``Child Locator Center'' 
        means the National Emergency Child Locator Center established 
        under subsection (b).
            (2) Declared event.--The term ``declared event'' means a 
        major disaster or emergency.
            (3) Displaced adult.--The term ``displaced adult'' means an 
        individual 21 years of age or older who is displaced from the 
        habitual residence of that individual as a result of a declared 
        event.
            (4) Displaced child.--The term ``displaced child'' means an 
        individual under 21 years of age who is displaced from the 
        habitual residence of that individual as a result of a declared 
        event.

    (b) National Emergency Child Locator Center.--

[[Page 120 STAT. 1450]]

            (1) In general.-- <<NOTE: Deadline.>> Not later than 180 
        days after the date of enactment of this Act, the Administrator, 
        in coordination with the Attorney General of the United States, 
        shall establish within the National Center for Missing and 
        Exploited Children the National Emergency Child Locator Center. 
        In establishing the National Emergency Child Locator Center, the 
        Administrator shall establish procedures to make all relevant 
        information available to the National Emergency Child Locator 
        Center in a timely manner to facilitate the expeditious 
        identification and reunification of children with their 
        families.
            (2) Purposes.--The purposes of the Child Locator Center are 
        to--
                    (A) enable individuals to provide to the Child 
                Locator Center the name of and other identifying 
                information about a displaced child or a displaced adult 
                who may have information about the location of a 
                displaced child;
                    (B) enable individuals to receive information about 
                other sources of information about displaced children 
                and displaced adults; and
                    (C) assist law enforcement in locating displaced 
                children.
            (3) Responsibilities and duties.--The responsibilities and 
        duties of the Child Locator Center are to--
                    (A) <<NOTE: Communications and tele- 
                communications>> establish a toll-free telephone number 
                to receive reports of displaced children and information 
                about displaced adults that may assist in locating 
                displaced children;
                    (B) <<NOTE: Website.>> create a website to provide 
                information about displaced children;
                    (C) deploy its staff to the location of a declared 
                event to gather information about displaced children;
                    (D) assist in the reunification of displaced 
                children with their families;
                    (E) provide information to the public about 
                additional resources for disaster assistance;
                    (F) work in partnership with Federal, State, and 
                local law enforcement agencies;
                    (G) provide technical assistance in locating 
                displaced children;
                    (H) share information on displaced children and 
                displaced adults with governmental agencies and 
                nongovernmental organizations providing disaster 
                assistance;
                    (I) use its resources to gather information about 
                displaced children;
                    (J) refer reports of displaced adults to--
                          (i) an entity designated by the Attorney 
                      General to provide technical assistance in 
                      locating displaced adults; and
                          (ii) the National Emergency Family Registry 
                      and Locator System as defined under section 
                      689c(a);
                    (K) enter into cooperative agreements with Federal 
                and State agencies and other organizations such as the 
                American Red Cross as necessary to implement the mission 
                of the Child Locator Center; and
                    (L) develop an emergency response plan to prepare 
                for the activation of the Child Locator Center.

    (c) Conforming Amendments.--Section 403(1) of the Missing Children's 
Assistance Act (42 U.S.C. 5772(1)) is amended--

[[Page 120 STAT. 1451]]

            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by adding ``or'' after the 
        semicolon; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) the individual is an individual under 21 years 
                of age who is displaced from the habitual residence of 
                that individual as a result of an emergency or major 
                disaster (as those terms are defined in section 102 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5122)).''.

    (d) Report.--Not later than 270 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on Homeland 
Security and Governmental Affairs and the Committee on the Judiciary of 
the Senate and the Committee on Transportation and Infrastructure and 
the Committee on the Judiciary of the House of Representatives a report 
describing in detail the status of the Child Locator Center, including 
funding issues and any difficulties or issues in establishing the Center 
or completing the cooperative agreements described in subsection 
(b)(3)(K).

SEC. 689c. <<NOTE: 6 USC 775.>> NATIONAL EMERGENCY FAMILY REGISTRY AND 
            LOCATOR SYSTEM.

    (a) Definitions.--In this section--
            (1) the term ``displaced individual'' means an individual 
        displaced by an emergency or major disaster; and
            (2) the term ``National Emergency Family Registry and 
        Locator System'' means the National Emergency Family Registry 
        and Locator System established under subsection (b).

    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a National 
Emergency Family Registry and Locator System to help reunify families 
separated after an emergency or major disaster.
    (c) Operation of System.--The National Emergency Family Registry and 
Locator System shall--
            (1) allow a displaced adult (including medical patients) to 
        voluntarily register (and allow an adult that is the parent or 
        guardian of a displaced child to register such child), by 
        submitting personal information to be entered into a database 
        (such as the name, current location of residence, and any other 
        relevant information that could be used by others seeking to 
        locate that individual);
            (2) ensure that information submitted under paragraph (1) is 
        accessible to those individuals named by a displaced individual 
        and to those law enforcement officials;
            (3) be accessible through the Internet and through a toll-
        free number, to receive reports of displaced individuals; and
            (4) include a means of referring displaced children to the 
        National Emergency Child Locator Center established under 
        section 689b.

    (d) Publication of Information.--Not later than 210 days after the 
date of enactment of this Act, the Administrator shall establish a 
mechanism to inform the public about the National Emergency Family 
Registry and Locator System and its potential usefulness for assisting 
to reunite displaced individuals with their families.

[[Page 120 STAT. 1452]]

    (e) Coordination. <<NOTE: Deadline.>> --Not later than 90 days after 
the date of enactment of this Act, the Administrator shall enter a 
memorandum of understanding with the Department of Justice, the National 
Center for Missing and Exploited Children, the Department of Health and 
Human Services, and the American Red Cross and other relevant private 
organizations that will enhance the sharing of information to facilitate 
reuniting displaced individuals (including medical patients) with their 
families.

    (f) Report.--Not later than 270 days after the date of enactment of 
this Act, the Administrator shall submit to the appropriate committees 
of Congress a report describing in detail the status of the National 
Emergency Family Registry and Locator System, including any difficulties 
or issues in establishing the System, including funding issues.

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

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

SEC. 689e. DISASTER RELATED INFORMATION SERVICES.

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

``SEC. 616. <<NOTE: 42 USC 5196f.>> DISASTER RELATED INFORMATION 
            SERVICES.

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

    ``(b) Group Size.--For purposes of subsection (a), the Director of 
Federal Emergency Management Agency shall define the size of a 
population group.''.

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

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

[[Page 120 STAT. 1453]]

``SEC. 425. <<NOTE: 42 USC 5189c.>> TRANSPORTATION ASSISTANCE TO 
            INDIVIDUALS AND HOUSEHOLDS.

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

``SEC. 426. <<NOTE: 42 USC 5189d.>> CASE MANAGEMENT SERVICES.

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

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

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

``SEC. 326. <<NOTE: 42 USC 5165d.>> DESIGNATION OF SMALL STATE AND RURAL 
            ADVOCATE.

    ``(a) In General.--The President shall designate in the Federal 
Emergency Management Agency a Small State and Rural Advocate.
    ``(b) Responsibilities.--The Small State and Rural Advocate shall be 
an advocate for the fair treatment of small States and rural communities 
in the provision of assistance under this Act.
    ``(c) Duties.--The Small State and Rural Advocate shall--
            ``(1) participate in the disaster declaration process under 
        section 401 and the emergency declaration process under section 
        501, to ensure that the needs of rural communities are being 
        addressed;
            ``(2) assist small population States in the preparation of 
        requests for major disaster or emergency declarations; and
            ``(3) conduct such other activities as the Director of the 
        Federal Emergency Management Agency considers appropriate.''.

    (b) Report to Congress.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report detailing the extent to which disaster 
declaration regulations--
            (1) meet the particular needs of States with populations of 
        less than 1,500,000 individuals; and
            (2) comply with statutory restrictions on the use of 
        arithmetic formulas and sliding scales based on income or 
        population.

    (c) <<NOTE: 42 USC 5165d note.>> Statutory Construction.--Nothing in 
this section or the amendments made by this section shall be construed 
to authorize major disaster or emergency assistance that is not 
authorized as of the date of enactment of this Act.

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

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

[[Page 120 STAT. 1454]]

SEC. 689i. <<NOTE: 6 USC 776.>> INDIVIDUALS AND HOUSEHOLDS PILOT 
            PROGRAM.

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

[[Page 120 STAT. 1455]]

                          (ii) findings and conclusions of the 
                      Administrator with respect to the pilot program;
                          (iii) an assessment of additional authorities 
                      needed to aid the Agency in its mission of 
                      providing disaster housing assistance to 
                      individuals and households eligible for assistance 
                      under section 408 of the Robert T. Stafford 
                      Disaster Relief and Emergency Assistance Act (42 
                      U.S.C. 5174), either under the pilot program under 
                      this section or other potential housing programs; 
                      and
                          (iv) any recommendations of the Administrator 
                      for additional authority to continue or make 
                      permanent the pilot program.

    (b) Pilot Program Project Approval.--The Administrator shall not 
approve a project under the pilot program after December 31, 2008.

SEC. 689j. <<NOTE: 6 USC 777.>> PUBLIC ASSISTANCE PILOT PROGRAM.

    (a) Pilot Program.--
            (1) In general.--The President, acting through the 
        Administrator, and in coordination with State and local 
        governments, shall establish and conduct a pilot program to--
                    (A) reduce the costs to the Federal Government of 
                providing assistance to States and local governments 
                under sections 403(a)(3)(A), 406, and 407 of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 1570b(a)(3), 5172, 5172);
                    (B) increase flexibility in the administration of 
                sections 403(a)(3)(A), 406, and 407 of that Act; and
                    (C) expedite the provision of assistance to States 
                and local governments provided under sections 
                403(a)(3)(A), 406, and 407 of that Act.
            (2) Participation.--Only States and local governments that 
        elect to participate in the pilot program may participate in the 
        pilot program for a particular project.
            (3) Innovative administration.--
                    (A) In general.--For purposes of the pilot program, 
                the Administrator shall establish new procedures to 
                administer assistance provided under the sections 
                referred to in paragraph (1).
                    (B) New procedures.--The new procedures established 
                under subparagraph (A) may include 1 or more of the 
                following:
                          (i) Notwithstanding section 406(c)(1)(A) of 
                      the Robert T. Stafford Disaster Relief and 
                      Emergency Assistance Act (42 U.S.C. 
                      1571(c)(1)(A)), providing an option for a State or 
                      local government to elect to receive an in-lieu 
                      contribution in an amount equal to 90 percent of 
                      the Federal share of the Federal estimate of the 
                      cost of repair, restoration, reconstruction, or 
                      replacement of a public facility owned or 
                      controlled by the State or local government and of 
                      management expenses.
                          (ii) Making grants on the basis of estimates 
                      agreed to by the local government (or where no 
                      local government is involved, by the State 
                      government) and the

[[Page 120 STAT. 1456]]

                      Administrator to provide financial incentives and 
                      disincentives for the local government (or where 
                      no local government is involved, for the State 
                      government) for the timely or cost effective 
                      completion of projects under sections 
                      403(a)(3)(A), 406, and 407 of that Act.
                          (iii) Increasing the Federal share for removal 
                      of debris and wreckage for States and local 
                      governments that have a debris management plan 
                      approved by the Administrator and have pre-
                      qualified 1 or more debris and wreckage removal 
                      contractors before the date of declaration of the 
                      major disaster.
                          (iv) Using a sliding scale for the Federal 
                      share for removal of debris and wreckage based on 
                      the time it takes to complete debris and wreckage 
                      removal.
                          (v) Using a financial incentive to recycle 
                      debris.
                          (vi) Reimbursing base wages for employees and 
                      extra hires of a State or local government 
                      involved in or administering debris and wreckage 
                      removal.
            (4) Waiver.--The Administrator may waive such regulations or 
        rules applicable to the provisions of assistance under the 
        sections referred to in paragraph (1) as the Administrator 
        determines are necessary to carry out the pilot program under 
        this section.

    (b) Report.--
            (1) In general.--Not later than March 31, 2009, the 
        Administrator shall submit to the appropriate committees of 
        Congress a report regarding the effectiveness of the pilot 
        program under this section.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) an assessment by the Administrator of any 
                administrative or financial benefits of the pilot 
                program;
                    (B) an assessment by the Administrator of the 
                effect, including any savings in time and cost, of the 
                pilot program;
                    (C) any identified legal or other obstacles to 
                increasing the amount of debris recycled after a major 
                disaster;
                    (D) any other findings and conclusions of the 
                Administrator with respect to the pilot program; and
                    (E) any recommendations of the Administrator for 
                additional authority to continue or make permanent the 
                pilot program.

    (c) Deadline for Initiation of Implementation.--The Administrator 
shall initiate implementation of the pilot program under this section 
not later than 90 days after the date of enactment of this Act.
    (d) Pilot Program Project Duration.--The Administrator may not 
approve a project under the pilot program under this section after 
December 31, 2008.

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

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

[[Page 120 STAT. 1457]]

5174) after that date, such unit shall be disposed of under subchapter 
III of chapter 5 of subtitle I of title 40, United States Code.
    (b) Tribal Governments.--Housing units described in subsection (a) 
shall be disposed of in coordination with the Department of the Interior 
or other appropriate agencies in order to transfer such units to tribal 
governments if appropriate.

            Subtitle F--Prevention of Fraud, Waste, and Abuse

SEC. 691. <<NOTE: 6 USC 791.>> ADVANCE CONTRACTING.

    (a) Initial Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall submit a report 
        under paragraph (2) identifying--
                    (A) recurring disaster response requirements, 
                including specific goods and services, for which the 
                Agency is capable of contracting for in advance of a 
                natural disaster or act of terrorism or other man-made 
                disaster in a cost effective manner;
                    (B) recurring disaster response requirements, 
                including specific goods and services, for which the 
                Agency can not contract in advance of a natural disaster 
                or act of terrorism or other man-made disaster in a cost 
                effective manner; and
                    (C) a contracting strategy that maximizes the use of 
                advance contracts to the extent practical and cost-
                effective.
            (2) Submission.--The report under paragraph (1) shall be 
        submitted to the appropriate committees of Congress.

    (b) Entering Into Contracts.--
            (1) In general. <<NOTE: Deadline.>> --Not later than 1 year 
        after the date of enactment of this Act, the Administrator shall 
        enter into 1 or more contracts for each type of goods or 
        services identified under subsection (a)(1)(A), and in 
        accordance with the contracting strategy identified in 
        subsection (a)(1)(C). Any contract for goods or services 
        identified in subsection (a)(1)(A) previously awarded may be 
        maintained in fulfilling this requirement.
            (2) Considered factors.--Before entering into any contract 
        under this subsection, the Administrator shall consider section 
        307 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5150), as amended by this Act.
            (3) Prenegotiated federal contracts for goods and 
        services.--The Administrator, in coordination with State and 
        local governments and other Federal agencies, shall establish a 
        process to ensure that Federal prenegotiated contracts for goods 
        and services are coordinated with State and local governments, 
        as appropriate.
            (4) Prenegotiated state and local contracts for goods and 
        services.--The Administrator shall encourage State and local 
        governments to establish prenegotiated contracts with vendors 
        for goods and services in advance of natural disasters and acts 
        of terrorism or other man-made disasters.

    (c) Maintenance of Contracts.--After the date described under 
subsection (b), the Administrator shall have the responsibility

[[Page 120 STAT. 1458]]

to maintain contracts for appropriate levels of goods and services in 
accordance with subsection (a)(1)(C).
    (d) Report on Contracts Not Using Competitive Procedures.--At the 
end of each fiscal quarter, beginning with the first fiscal quarter 
occurring at least 90 days after the date of enactment of this Act, the 
Administrator shall submit a report on each disaster assistance contract 
entered into by the Agency by other than competitive procedures to the 
appropriate committees of Congress.

SEC. 692. <<NOTE: 6 USC 792.>> LIMITATIONS ON TIERING OF SUBCONTRACTORS.

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

SEC. 693. <<NOTE: 6 USC 793.>> OVERSIGHT AND ACCOUNTABILITY OF FEDERAL 
            DISASTER EXPENDITURES.

    (a) Authority of Administrator to Designate Funds for Oversight 
Activities.--The Administrator may designate up to 1 percent of the 
total amount provided to a Federal agency for a mission assignment as 
oversight funds to be used by the recipient agency for performing 
oversight of activities carried out under the Agency reimbursable 
mission assignment process. Such funds shall remain available until 
expended.
    (b) Use of Funds.--
            (1) Types of oversight activities.--Oversight funds may be 
        used for the following types of oversight activities related to 
        Agency mission assignments:
                    (A) Monitoring, tracking, and auditing expenditures 
                of funds.
                    (B) Ensuring that sufficient management and internal 
                control mechanisms are available so that Agency funds 
                are spent appropriately and in accordance with all 
                applicable laws and regulations.
                    (C) Reviewing selected contracts and other 
                activities.
                    (D) Investigating allegations of fraud involving 
                Agency funds.
                    (E) Conducting and participating in fraud prevention 
                activities with other Federal, State, and local 
                government personnel and contractors.
            (2) Plans and reports.--Oversight funds may be used to issue 
        the plans required under subsection (e) and the reports required 
        under subsection (f).

    (c) Restriction on Use of Funds.--Oversight funds may not be used to 
finance existing agency oversight responsibilities related

[[Page 120 STAT. 1459]]

to direct agency appropriations used for disaster response, relief, and 
recovery activities.
    (d) Methods of Oversight Activities.--
            (1) In general.--Oversight activities may be carried out by 
        an agency under this section either directly or by contract. 
        Such activities may include evaluations and financial and 
        performance audits.
            (2) Coordination of oversight activities.--To the extent 
        practicable, evaluations and audits under this section shall be 
        performed by the inspector general of the agency.

    (e) Development of Oversight Plans.--
            (1) In general.--If an agency receives oversight funds for a 
        fiscal year, the head of the agency shall prepare a plan 
        describing the oversight activities for disaster response, 
        relief, and recovery anticipated to be undertaken during the 
        subsequent fiscal year.
            (2) Selection of oversight activities.--In preparing the 
        plan, the head of the agency shall select oversight activities 
        based upon a risk assessment of those areas that present the 
        greatest risk of fraud, waste, and abuse.
            (3) Schedule.--The plan shall include a schedule for 
        conducting oversight activities, including anticipated dates of 
        completion.

    (f) Federal Disaster Assistance Accountability Reports.--A Federal 
agency receiving oversight funds under this section shall submit 
annually to the Administrator and the appropriate committees of Congress 
a consolidated report regarding the use of such funds, including 
information summarizing oversight activities and the results achieved.
    (g) Definition.--In this section, the term ``oversight funds'' means 
funds referred to in subsection (a) that are designated for use in 
performing oversight activities.

SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.

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

``SEC. 307. <<NOTE: 42 USC 5150.>> USE OF LOCAL FIRMS AND INDIVIDUALS.

    ``(a) Contracts or Agreements With Private Entities.--
            ``(1) In general.--In the expenditure of Federal funds for 
        debris clearance, distribution of supplies, reconstruction, and 
        other major disaster or emergency assistance activities which 
        may be carried out by contract or agreement with private 
        organizations, firms, or individuals, preference shall be given, 
        to the extent feasible and practicable, to those organizations, 
        firms, and individuals residing or doing business primarily in 
        the area affected by such major disaster or emergency.
            ``(2) Construction.--This subsection shall not be considered 
        to restrict the use of Department of Defense resources under 
        this Act in the provision of assistance in a major disaster.
            ``(3) Specific geographic area.--In carrying out this 
        section, a contract or agreement may be set aside for award 
        based on a specific geographic area.

    ``(b) Implementation.--
            ``(1) Contracts not to entities in area.--Any expenditure of 
        Federal funds for debris clearance, distribution of supplies, 
        reconstruction, and other major disaster or emergency

[[Page 120 STAT. 1460]]

        assistance activities which may be carried out by contract or 
        agreement with private organizations, firms, or individuals, not 
        awarded to an organization, firm, or individual residing or 
        doing business primarily in the area affected by such major 
        disaster shall be justified in writing in the contract file.
            ``(2) Transition.--Following the declaration of an emergency 
        or major disaster, an agency performing response, relief, and 
        reconstruction activities shall transition work performed under 
        contracts in effect on the date on which the President declares 
        the emergency or major disaster to organizations, firms, and 
        individuals residing or doing business primarily in any area 
        affected by the major disaster or emergency, unless the head of 
        such agency determines that it is not feasible or practicable to 
        do so.

    ``(c) Prior Contracts.--Nothing in this section shall be construed 
to require any Federal agency to breach or renegotiate any contract in 
effect before the occurrence of a major disaster or emergency.''.

SEC. 695. <<NOTE: 6 USC 794.>> LIMITATION ON LENGTH OF CERTAIN 
            NONCOMPETITIVE CONTRACTS.

    (a) Regulations.--The Secretary shall promulgate regulations 
applicable to contracts described in subsection (c) to restrict the 
contract period of any such contract entered into using procedures other 
than competitive procedures pursuant to the exception provided in 
paragraph (2) of section 303(c) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum 
contract period necessary--
            (1) to meet the urgent and compelling requirements of the 
        work to be performed under the contract; and
            (2) to enter into another contract for the required goods or 
        services through the use of competitive procedures.

    (b) Specific Contract Period.--The regulations promulgated under 
subsection (a) shall require the contract period to not to exceed 150 
days, unless the Secretary determines that exceptional circumstances 
apply.
    (c) Covered Contracts.--This section applies to any contract in an 
amount greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)) entered into by the Department to facilitate response to or 
recovery from a natural disaster, act of terrorism, or other man-made 
disaster.

SEC. 696. <<NOTE: 6 USC 795.>> FRAUD, WASTE, AND ABUSE CONTROLS.

    (a) In General.--The Administrator shall ensure that--
            (1) all programs within the Agency administering Federal 
        disaster relief assistance develop and maintain proper internal 
        management controls to prevent and detect fraud, waste, and 
        abuse;
            (2) application databases used by the Agency to collect 
        information on eligible recipients must record disbursements;
            (3) such tracking is designed to highlight and identify 
        ineligible applications; and
            (4) the databases used to collect information from 
        applications for such assistance must be integrated with 
        disbursements and payment records.

    (b) Audits and Reviews Required.--The Administrator shall ensure 
that any database or similar application processing system

[[Page 120 STAT. 1461]]

for Federal disaster relief assistance programs administered by the 
Agency undergoes a review by the Inspector General of the Agency to 
determine the existence and implementation of such internal controls 
required under this section and the amendments made by this section.
    (c) Verification Measures for Individuals and Households Program.--
Section 408 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174) is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:

    ``(i) Verification Measures.--In carrying out this section, the 
President shall develop a system, including an electronic database, that 
shall allow the President, or the designee of the President, to--
            ``(1) verify the identity and address of recipients of 
        assistance under this section to provide reasonable assurance 
        that payments are made only to an individual or household that 
        is eligible for such assistance;
            ``(2) minimize the risk of making duplicative payments or 
        payments for fraudulent claims under this section;
            ``(3) collect any duplicate payment on a claim under this 
        section, or reduce the amount of subsequent payments to offset 
        the amount of any such duplicate payment;
            ``(4) provide instructions to recipients of assistance under 
        this section regarding the proper use of any such assistance, 
        regardless of how such assistance is distributed; and
            ``(5) conduct an expedited and simplified review and appeal 
        process for an individual or household whose application for 
        assistance under this section is denied.''.

SEC. 697. <<NOTE: 6 USC 796.>> REGISTRY OF DISASTER RESPONSE 
            CONTRACTORS.

    (a) Definitions.--In this section--
            (1) the term ``registry'' means the registry created under 
        subsection (b); and
            (2) the terms ``small business concern'', ``small business 
        concern owned and controlled by socially and economically 
        disadvantaged individuals'', ``small business concern owned and 
        controlled by women'', and ``small business concern owned and 
        controlled by service-disabled veterans'' have the meanings 
        given those terms under the Small Business Act (15 U.S.C. 631 et 
        seq.).

    (b) Registry.--
            (1) In general.--The Administrator shall establish and 
        maintain a registry of contractors who are willing to perform 
        debris removal, distribution of supplies, reconstruction, and 
        other disaster or emergency relief activities.
            (2) Contents.--The registry shall include, for each business 
        concern--
                    (A) the name of the business concern;
                    (B) the location of the business concern;
                    (C) the area served by the business concern;
                    (D) the type of good or service provided by the 
                business concern;
                    (E) the bonding level of the business concern; and
                    (F) whether the business concern is--
                          (i) a small business concern;

[[Page 120 STAT. 1462]]

                          (ii) a small business concern owned and 
                      controlled by socially and economically 
                      disadvantaged individuals;
                          (iii) a small business concern owned and 
                      controlled by women; or
                          (iv) a small business concern owned and 
                      controlled by service-disabled veterans.
            (3) Source of information.--
                    (A) Submission.--Information maintained in the 
                registry shall be submitted on a voluntary basis and be 
                kept current by the submitting business concerns.
                    (B) Attestation.--Each business concern submitting 
                information to the registry shall submit--
                          (i) an attestation that the information is 
                      true; and
                          (ii) documentation supporting such 
                      attestation.
                    (C) Verification.--The Administrator shall verify 
                that the documentation submitted by each business 
                concern supports the information submitted by that 
                business concern.
            (4) Availability of registry.--The registry shall be made 
        generally available on the Internet site of the Agency.
            (5) Consultation of registry.--As part of the acquisition 
        planning for contracting for debris removal, distribution of 
        supplies in a disaster, reconstruction, and other disaster or 
        emergency relief activities, a Federal agency shall consult the 
        registry.

SEC. 698. <<NOTE: 6 USC 797.>> FRAUD PREVENTION TRAINING PROGRAM.

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

               Subtitle G--Authorization of Appropriations

SEC. 699. <<NOTE: 6 USC 811.>> AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title and 
the amendments made by this title for the administration and operations 
of the Agency--
            (1) for fiscal year 2008, an amount equal to the amount 
        appropriated for fiscal year 2007 for administration and 
        operations of the Agency, multiplied by 1.1;
            (2) for fiscal year 2009, an amount equal to the amount 
        described in paragraph (1), multiplied by 1.1; and
            (3) for fiscal year 2010, an amount equal to the amount 
        described in paragraph (2), multiplied by 1.1.

[[Page 120 STAT. 1463]]

    Sec. 699A. <<NOTE: 6 USC 701 note.>> Except as expressly provided 
otherwise, any reference to ``this Act'' contained in this title shall 
be treated as referring only to the provisions of this title.

    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2007''.

    Approved October 4, 2006.

LEGISLATIVE HISTORY--H.R. 5441:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-476 (Comm. on Appropriations) and 109-699     
(Comm. of Conference).
SENATE REPORTS: No. 109-273 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            May 25, June 6, considered and passed House.
            July 10-13, considered and passed Senate, amended.
            Sept. 29, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            Oct. 4, Presidential remarks and statement.

                                  <all>