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109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-699
======================================================================
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2007, AND FOR OTHER PURPOSES
_______
September 28, 2006.--Ordered to be printed
_______
Mr. Rogers of Kentucky, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 5441]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
5441) ``making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2007, and for
other purposes'', having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2007, for the Department of Homeland
Security and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$94,470,000: Provided, That not to exceed $40,000 shall be for
official reception and representation expenses: Provided
further, That of the funds provided under this heading,
$5,000,000 shall not be available for obligation until the
Secretary of Homeland Security submits a comprehensive port,
container, and cargo security strategic plan to the Committees
on Appropriations of the Senate and the House of
Representatives; the Committee on Homeland Security of the
House of Representatives; the Committee on Homeland Security
and Governmental Affairs of the Senate; and the Committee on
Commerce, Science, and Transportation of the Senate that
requires screening all inbound cargo, doubles the percentage of
inbound cargo currently inspected, sets minimum standards for
securing inbound cargo, and includes the fiscal year 2007
performance requirements for port, container, and cargo
security as specified in the joint explanatory statement
accompanying this Act: Provided further, That of the funds
provided under this heading, $10,000,000 shall not be available
for obligation until the Secretary submits the Secure Border
Initiative multi-year strategic plan to the Committees on
Appropriations of the Senate and the House of Representatives,
the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committees on the
Judiciary of the Senate and the House of Representatives no
later than December 1, 2006, that includes: a comprehensive
mission statement, an identification of long-term goals, an
explanation of how long-term goals will be achieved, schedule
and resource requirements for goal achievement, an
identification of annual performance goals and how they link to
long-term goals, an identification of annual performance
measures used to gauge effectiveness towards goal achievement
by goal, and an identification of major capital assets critical
to program success.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$153,640,000: Provided, That not to exceed $3,000 shall be for
official reception and representation expenses: Provided
further, That of the total amount provided, $8,206,000 shall
remain available until expended solely for the alteration and
improvement of facilities, tenant improvements, and relocation
costs to consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $26,000,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $349,013,000; of which $79,521,000
shall be available for salaries and expenses; and of which
$269,492,000 shall be available for development and acquisition
of information technology equipment, software, services, and
related activities for the Department of Homeland Security, and
for the costs of conversion to narrowband communications,
including the cost for operation of the land mobile radio
legacy systems, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or
the Automated Commercial Environment: Provided further, That
the Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
not more than 60 days after the date of enactment of this Act,
an expenditure plan for all information technology projects
that: (1) are funded under this heading; or (2) are funded by
multiple components of the Department of Homeland Security
through reimbursable agreements: Provided further, That such
expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or
cost avoidance to be achieved by the project.
Analysis and Operations
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$299,663,000, to remain available until September 30, 2008, of
which not to exceed $5,000 shall be for official reception and
representation expenses.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided,
That $1,000,000 shall not be available for obligation until the
Committees on Appropriations of the Senate and the House of
Representatives receive an expenditure plan for fiscal year
2007.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $85,185,000, of which not to exceed
$100,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General: Provided, That the
Department of Homeland Security Inspector General shall
investigate whether, and to what extent, in adjusting and
settling claims resulting from Hurricane Katrina, insurers
making flood insurance coverage available under the Write-Your-
Own program pursuant to section 1345 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4081) and subpart C of part 62
of title 44, Code of Federal Regulations, improperly attributed
damages from such hurricane to flooding covered under the
insurance coverage provided under the national flood insurance
program rather than to windstorms covered under coverage
provided by such insurers or by windstorm insurance pools in
which such insurers participated: Provided further, That the
Department of Homeland Security Inspector General shall submit
a report to Congress not later than April 1, 2007, setting
forth the conclusions of such investigation.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1365a), $362,494,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $200,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security
that--
(1) meets the capital planning and investment
control review requirements established by the Office
of Management and Budget, including Circular A-11, part
7;
(2) complies with the Department of Homeland
Security information systems enterprise architecture;
(3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition
management practices of the Federal Government;
(4) includes a certification by the Chief
Information Officer of the Department of Homeland
Security that an independent verification and
validation agent is currently under contract for the
project;
(5) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of
Management and Budget;
(6) is reviewed by the Government Accountability
Office;
(7) includes a comprehensive strategic plan for the
United States Visitor and Immigrant Status Indicator
Technology project; and
(8) includes a complete schedule for the full
implementation of a biometric exit program.
United States Customs and Border Protection
SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports; purchase and lease of up to 4,500 (3,500 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $5,562,186,000; of
which $379,602,000 shall be used to hire additional border
patrol agents, of which $93,000,000 shall be available until
September 30, 2008; of which $3,026,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee
pursuant to section 9505(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C.
551(e)(1)); of which not to exceed $45,000 shall be for
official reception and representation expenses; of which not
less than $175,796,000 shall be for Air and Marine Operations;
of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; of which
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; and of
which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided, That of the amount provided under this heading,
$100,000,000 of inspection and detection technology investments
funding is designated as described in section 520 of this Act:
Provided further, That for fiscal year 2007, the overtime
limitation prescribed in section 5(c)(1) of the Act of February
13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any
employee of United States Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies.
automation modernization
For expenses for customs and border protection automated
systems, $451,440,000, to remain available until expended, of
which not less than $316,800,000 shall be for the development
of the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,800,000
may not be obligated for the Automated Commercial Environment
until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security
that--
(1) meets the capital planning and investment
control review requirements established by the Office
of Management and Budget, including Circular A-11, part
7;
(2) complies with the Department of Homeland
Security information systems enterprise architecture;
(3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition
management practices of the Federal Government;
(4) includes a certification by the Chief
Information Officer of the Department of Homeland
Security that an independent verification and
validation agent is currently under contract for the
project;
(5) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of
Management and Budget; and
(6) is reviewed by the Government Accountability
Office.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,187,565,000, to remain
available until expended: Provided, That of the amount provided
under this heading, $1,159,200,000 is designated as described
in section 520 of this Act: Provided further, That of the
amount provided under this heading, $950,000,000 shall not be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure, prepared by the Secretary of Homeland Security and
submitted within 60 days after the date of enactment of this
Act, to establish a security barrier along the border of the
United States of fencing and vehicle barriers, where
practicable, and other forms of tactical infrastructure and
technology, that--
(1) defines activities, milestones, and costs for
implementing the program;
(2) demonstrates how activities will further the
goals and objectives of the Secure Border Initiative
(SBI), as defined in the SBI multi-year strategic plan;
(3) identifies funding and the organization
staffing (including full-time equivalents, contractors,
and detailees) requirements by activity;
(4) reports on costs incurred, the activities
completed, and the progress made by the program in
terms of obtaining operational control of the entire
border of the United States;
(5) includes a certification by the Chief
Procurement Officer of the Department of Homeland
Security that procedures to prevent conflicts of
interest between the prime integrator and major
subcontractors are established and a certification by
the Chief Information Officer of the Department of
Homeland Security that an independent verification and
validation agent is currently under contract for the
project;
(6) complies with all applicable acquisition rules,
requirements, guidelines, and best systems acquisition
management practices of the Federal Government;
(7) complies with the capital planning and
investment control review requirements established by
the Office of Management and Budget, including Circular
A-11, part 7;
(8) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of
Management and Budget; and
(9) is reviewed by the Government Accountability
Office.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial
vehicles, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the air
or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of
narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at
the discretion of the Secretary of Homeland Security, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts,
$602,187,000, to remain available until expended: Provided,
That of the amount provided under this heading, $232,000,000 of
procurement is designated as described in section 520 of this
Act: Provided further, That no aircraft or other related
equipment, with the exception of aircraft that are one of a
kind and have been identified as excess to United States
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2007 without
the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $232,978,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $110,000,000 is designated as described in section 520
of this Act.
Immigration and Customs Enforcement
SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement only)
police-type vehicles; $3,887,000,000, of which not to exceed
$7,500,000 shall be available until expended for conducting
special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $102,000 shall be for
promotion of public awareness of the child pornography tipline;
of which not less than $203,000 shall be for Project Alert; of
which not less than $5,400,000 may be used to facilitate
agreements consistent with section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)); and of which not to
exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds made available under this
heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that
the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided,
$15,770,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2007, of which not to exceed
$6,000,000 shall remain available until expended.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary submit a
report, approved by the Office of Management and Budget, to the
Committees on Appropriations of the Senate and the House of
Representatives no later than November 1, 2006, demonstrating
how the operations of the Federal Protective Service will be
fully funded in fiscal year 2007 through revenues and
collection of security fees.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement
automated systems, $15,000,000, to remain available until
expended: Provided, That of the funds made available under this
heading, $13,000,000 may not be obligated until the Committees
on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment
control review requirements established by the Office
of Management and Budget, including Circular A-11, part
7;
(2) complies with the Department of Homeland
Security information systems enterprise architecture;
(3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition
management practices of the Federal Government;
(4) includes a certification by the Chief
Information Officer of the Department of Homeland
Security that an independent verification and
validation agent is currently under contract for the
project;
(5) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of
Management and Budget; and
(6) is reviewed by the Government Accountability
Office.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $56,281,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $30,000,000 is designated as described in section 520
of this Act.
Transportation Security Administration
AVIATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$4,731,814,000, to remain available until September 30, 2008,
of which not to exceed $10,000 shall be for official reception
and representation expenses: Provided, That of the total amount
made available under this heading, not to exceed $3,768,266,000
shall be for screening operations, of which $141,400,000 shall
be available only for procurement of checked baggage explosive
detection systems and $138,000,000 shall be available only for
installation of checked baggage explosive detection systems;
and not to exceed $963,548,000 shall be for aviation security
direction and enforcement: Provided further, That of the funds
appropriated under this heading, $5,000,000 shall not be
obligated until the Secretary of Homeland Security submits to
the Committees on Appropriations of the Senate and the House of
Representatives a detailed report in response to findings in
the Department of Homeland Security Office of Inspector General
report (OIG-04-44) concerning contractor fees: Provided
further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That
the sum herein appropriated from the General Fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2007, so as to
result in a final fiscal year appropriation from the General
Fund estimated at not more than $2,311,814,000: Provided
further, That any security service fees collected in excess of
the amount made available under this heading shall become
available during fiscal year 2008: Provided further, That
notwithstanding section 44923 of title 49, United States Code,
the share of the cost of the Federal Government for a project
under any letter of intent shall be 75 percent for any medium
or large hub airport and not more than 90 percent for any other
airport, and all funding provided by section 44923(h) of title
49, United States Code, or from appropriations authorized under
section 44923(i)(1) of title 49, United States Code, may be
distributed in any manner deemed necessary to ensure aviation
security and to fulfill the Government's planned cost share
under existing letters of intent: Provided further, That by
December 1, 2006, the Transportation Security Administration
shall submit a detailed air cargo security action plan
addressing each of the recommendations contained in the 2005
Government Accountability Office Report (GAO-06-76) on domestic
air cargo security to the Committees on Appropriations of the
Senate and the House of Representatives; the Committee on
Homeland Security of the House of Representatives; the
Committee on Homeland Security and Governmental Affairs of the
Senate; and the Committee on Commerce, Science, and
Transportation of the Senate: Provided further, That Members of
the United States House of Representatives and United States
Senate, including the leadership; and the heads of Federal
agencies and commissions, including the Secretary, Under
Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys;
and senior members of the Executive Office of the President,
including the Director of the Office of Management and Budget;
shall not be exempt from Federal passenger and baggage
screening: Provided further, That beginning in fiscal year 2007
and thereafter, reimbursement for security services and related
equipment and supplies provided in support of general aviation
access to the Ronald Reagan Washington National Airport shall
be credited to this appropriation and shall be available until
expended solely for those purposes: Provided further, That none
of the funds in this Act shall be used to recruit or hire
personnel into the Transportation Security Administration which
would cause the agency to exceed a staffing level of 45,000
full-time equivalent screeners.
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $37,200,000, to remain available until
September 30, 2008.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$39,700,000, to remain available until September 30, 2008.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat. 597;
49 U.S.C. 40101 note), $525,283,000, to remain available until
September 30, 2008: Provided, That of the funds appropriated
under this heading, $5,000,000 may not be obligated until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed expenditure plan for explosive detection systems
refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2007: Provided further, That this
plan shall be submitted no later than 60 days after the date of
enactment of this Act.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$714,294,000.
United States Coast Guard
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the United States Coast Guard not otherwise provided for;
purchase or lease of not to exceed 25 passenger motor vehicles,
which shall be for replacement only; payments pursuant to
section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat.
1920); and recreation and welfare; $5,477,657,000, of which
$340,000,000 shall be for defense-related activities; of which
$24,255,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $10,000 shall be for official reception and
representation expenses: Provided, That none of the funds made
available by this or any other Act shall be available for
administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none
of the funds made available by this Act shall be for expenses
incurred for yacht documentation under section 12109 of title
46, United States Code, except to the extent fees are collected
from yacht owners and credited to this appropriation: Provided
further, That not to exceed five percent of this appropriation
may be transferred to the ``Acquisition, Construction, and
Improvements'' appropriation for personnel compensation and
benefits and related costs to adjust personnel assignment to
accelerate management and oversight of new or existing projects
without detrimentally affecting the management and oversight of
other projects: Provided further, That the amount made
available for ``Personnel, Compensation, and Benefits'' in the
``Acquisition, Construction, and Improvements'' appropriation
shall not be increased by more than 10 percent by such
transfers: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 30 days after it is
executed by the Treasury.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental
compliance and restoration functions of the United States Coast
Guard under chapter 19 of title 14, United States Code,
$10,880,000, to remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $122,448,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment, as authorized by law;
$1,330,245,000, of which $19,800,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $26,550,000 shall be available until
September 30, 2011, to acquire, repair, renovate, or improve
vessels, small boats, and related equipment; of which
$15,000,000 shall be available until September 30, 2011, to
increase aviation capability; of which $119,823,000 shall be
available until September 30, 2009, for other equipment; of
which $22,000,000 shall be available until September 30, 2009,
for shore facilities and aids to navigation facilities; of
which $81,000,000 shall be available for personnel compensation
and benefits and related costs; and of which $1,065,872,000
shall be available until September 30, 2011, for the Integrated
Deepwater Systems program: Provided, That the Commandant of the
Coast Guard is authorized to dispose of surplus real property,
by sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and shall be available
until September 30, 2009: Provided further, That the Secretary
of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
in conjunction with the President's fiscal year 2008 budget, a
review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an
annual performance comparison of Deepwater assets to pre-
Deepwater legacy assets; a status report of legacy assets; a
detailed explanation of how the costs of legacy assets are
being accounted for within the Deepwater program; a description
of how the Coast Guard is planning for the human resource needs
of Deepwater assets; a description of the competitive process
conducted in all contracts and subcontracts exceeding
$5,000,000 within the Deepwater program; and the earned value
management system gold card data for each Deepwater asset:
Provided further, That the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a comprehensive review of the Revised Deepwater
Implementation Plan every five years, beginning in fiscal year
2011, that includes a complete projection of the acquisition
costs and schedule for the duration of the plan through fiscal
year 2027: Provided further, That the Secretary shall annually
submit to the Committees on Appropriations of the Senate and
the House of Representatives, at the time that the President's
budget is submitted under section 1105(a) of title 31, United
States Code, a future-years capital investment plan for the
Coast Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that
budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year
for the next five fiscal years or until project
completion, whichever is earlier;
(4) an estimated completion date at the projected
funding levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous
future-years capital investment plans submitted to the
Committees on Appropriations of the Senate and the
House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are
consistent to the maximum extent practicable with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as
submitted under section 1105(a) of title 31, United States
Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and
proposed appropriations shall be identified and justified:
Provided further, That of the amount provided under this
heading, $175,800,000 is designated as described in section 520
of this Act.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the Truman-
Hobbs Act (33 U.S.C. 516), $16,000,000, to remain available
until expended.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $17,000,000, to remain
available until expended, of which $495,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds received
from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred
for research, development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,063,323,000.
United States Secret Service
PROTECTION, ADMINISTRATION, AND TRAINING
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 755 vehicles for police-
type use, of which 624 shall be for replacement only, and hire
of passenger motor vehicles; purchase of motorcycles made in
the United States; hire of aircraft; services of expert
witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to
employees where a protective assignment during the actual day
or days of the visit of a protectee requires an employee to
work 16 hours per day or to remain overnight at a post of duty;
conduct of and participation in firearms matches; presentation
of awards; travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained
in advance from the Committees on Appropriations of the Senate
and the House of Representatives; research and development;
grants to conduct behavioral research in support of protective
research and operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $961,779,000, of which not to exceed $25,000 shall
be for official reception and representation expenses:
Provided, That up to $18,000,000 provided for protective travel
shall remain available until September 30, 2008: Provided
further, That up to $18,400,000 for candidate nominee
protection shall remain available until September 30, 2009:
Provided further, That up to $1,000,000 for National Special
Security Events shall remain available until expended: Provided
further, That of the total amount provided under this heading,
$2,000,000 shall not be available for obligation until the
Director of the Secret Service submits a comprehensive workload
re-balancing report to the Committees on Appropriations of the
Senate and the House of Representatives that includes funding
and position requirements for current investigative and
protective operations: Provided further, That the United States
Secret Service is authorized to obligate funds in anticipation
of reimbursements from Federal agencies and entities, as
defined in section 105 of title 5, United States Code,
receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under
this heading at the end of the fiscal year.
INVESTIGATIONS AND FIELD OPERATIONS
For necessary expenses for investigations and field
operations of the United States Secret Service, not otherwise
provided for, including costs related to office space and
services of expert witnesses at such rate as may be determined
by the Director of the Secret Service, $311,154,000; of which
not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for
forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be a grant
for activities related to the investigations of missing and
exploited children and shall remain available until expended.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $3,725,000,
to remain available until expended: Provided, That of the total
amount provided under this heading, $500,000 shall not be
available for obligation until the Director of the Secret
Service submits a revised master plan to the Committees on
Appropriations of the Senate and the House of Representatives
for the James J. Rowley Training Center.
TITLE III
PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
For salaries and expenses of the immediate Office of the
Under Secretary for Preparedness, the Office of the Chief
Medical Officer, and the Office of National Capital Region
Coordination, $30,572,000, of which no less than $2,741,000 may
be used for the Office of National Capital Region Coordination,
and of which $6,459,000 shall be for the National Preparedness
Integration Program: Provided, That none of the funds made
available under this heading may be obligated for the National
Preparedness Integration Program until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure prepared by the
Secretary of Homeland Security: Provided further, That not to
exceed $7,000 shall be for official reception and
representation expenses: Provided further, That for purposes of
planning, coordination and execution of mass evacuation during
a disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be
included in efforts to integrate the activities of Federal,
State, and local governments in the National Capital Region, as
defined in section 882 of Public Law 107-296, the Homeland
Security Act of 2002.
Office of Grants and Training
STATE AND LOCAL PROGRAMS
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other
provision of law, $2,531,000,000, which shall be allocated as
follows:
(1) $525,000,000 for formula-based grants and
$375,000,000 for law enforcement terrorism prevention
grants pursuant to section 1014 of the USA PATRIOT ACT
(42 U.S.C. 3714): Provided, That the application for
grants shall be made available to States within 45 days
after the date of enactment of this Act; that States
shall submit applications within 90 days after the
grant announcement; and the Office of Grants and
Training shall act within 90 days after receipt of an
application: Provided further, That not less than 80
percent of any grant under this paragraph to a State
shall be made available by the State to local
governments within 60 days after the receipt of the
funds; except in the case of Puerto Rico, where not
less than 50 percent of any grant under this paragraph
shall be made available to local governments within 60
days after the receipt of the funds.
(2) $1,229,000,000 for discretionary grants, as
determined by the Secretary of Homeland Security, of
which--
(A) $770,000,000 shall be for use in high-
threat, high-density urban areas: Provided,
That not later than September 30, 2007, the
Secretary shall distribute any unallocated
funds made available for assistance to
organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of
such Code) determined by the Secretary to be at
high-risk of international terrorist attack
under title III of the Department of Homeland
Security Appropriations Act, 2006 under the
heading ``Office for Domestic Preparedness--
State and Local Programs'' (Public Law 109-90;
119 Stat. 2075) in paragraph (2)(A): Provided
further, That applicants shall identify for the
Secretary's consideration prior threats or
attacks (within or outside the United States)
by a terrorist organization, network, or cell
against an organization described in the
previous proviso, and the Secretary shall
consider prior threats or attacks (within or
outside the United States) against like
organizations when determining risk: Provided
further, That the Secretary shall notify the
Committees on Appropriations of the Senate and
the House of Representatives the high risk or
potential high risk to each designated tax
exempt grantee at least five full business days
in advance of the announcement of any grant
award;
(B) $210,000,000 shall be for port security
grants pursuant to the purposes of section
70107(a) through (h) of title 46, United States
Code, which shall be awarded based on risk
notwithstanding subsection (a), for eligible
costs as described in subsections (b)(2)
through (4);
(C) $12,000,000 shall be for trucking
industry security grants;
(D) $12,000,000 shall be for intercity bus
security grants;
(E) $175,000,000 shall be for intercity
rail passenger transportation (as defined in
section 24102 of title 49, United States Code),
freight rail, and transit security grants; and
(F) $50,000,000 shall be for buffer zone
protection grants:
Provided, That for grants under subparagraph (A), the
application for grants shall be made available to
States within 45 days after the date of enactment of
this Act; that States shall submit applications within
90 days after the grant announcement; and that the
Office of Grants and Training shall act within 90 days
after receipt of an application: Provided further,
That no less than 80 percent of any grant under this
paragraph to a State shall be made available by the
State to local governments within 60 days after the
receipt of the funds: Provided further, That for grants
under subparagraphs (B) through (F), the applications
for such grants shall be made available to eligible
applicants not later than 75 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 45 days after the date of
the grant announcement, and the Office of Grants and
Training shall act on such applications not later than
60 days after the date on which such an application is
received.
(3) $50,000,000 shall be available for the
Commercial Equipment Direct Assistance Program.
(4) $352,000,000 for training, exercises, technical
assistance, and other programs:
Provided, That none of the grants provided under this heading
shall be used for the construction or renovation of facilities,
except for a minor perimeter security project, not to exceed
$1,000,000, as determined necessary by the Secretary of
Homeland Security: Provided further, That the preceding proviso
shall not apply to grants under subparagraphs (B), (E), and (F)
of paragraph (2) of this heading: Provided further, That
grantees shall provide additional reports on their use of
funds, as determined necessary by the Secretary of Homeland
Security: Provided further, That funds appropriated for law
enforcement terrorism prevention grants under paragraph (1) of
this heading and discretionary grants under paragraph (2)(A) of
this heading shall be available for operational costs, to
include personnel overtime and overtime associated with the
Office of Grants and Training certified training, as needed:
Provided further, That the Government Accountability Office
shall report on the validity, relevance, reliability,
timeliness, and availability of the risk factors (including
threat, vulnerability, and consequence) used by the Secretary
for the purpose of allocating discretionary grants funded under
this heading, and the application of those factors in the
allocation of funds to the Committees on Appropriations of the
Senate and the House of Representatives on its findings not
later than 45 days after the date of enactment of this Act:
Provided further, That within seven days after the date of
enactment of this Act, the Secretary shall provide the
Government Accountability Office with the risk methodology and
other factors that will be used to allocate discretionary
grants funded under this heading.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.), $662,000,000, of which $547,000,000 shall be
available to carry out section 33 of that Act (15 U.S.C. 2229)
and $115,000,000 shall be available to carry out section 34 of
that Act (15 U.S.C. 2229a), to remain available until September
30, 2008: Provided, That not to exceed five percent of this
amount shall be available for program administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$200,000,000: Provided, That total administrative costs shall
not exceed three percent of the total appropriation.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2007, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department
of Homeland Security necessary for its radiological emergency
preparedness program for the next fiscal year: Provided, That
the methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on October 1,
2007, and remain available until expended.
United States Fire Administration and Training
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), $46,849,000.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.), $547,633,000, of which $470,633,000 shall remain
available until September 30, 2008: Provided, That of the
amount made available under this heading, $10,000,000 may not
be obligated until the Secretary submits to the Committees on
Appropriations of the Senate and House of Representatives the
report required in House Report 109-241 accompanying the
Department of Homeland Security Appropriations Act, 2006
(Public Law 109-90) on Department of Homeland Security
resources necessary to implement mandatory security
requirements for the Nation's chemical sector and to create a
system for auditing and ensuring compliance with the security
standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Administrative and Regional Operations
For necessary expenses for administrative and regional
operations, $282,000,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C.
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.):
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
Readiness, Mitigation, Response, and Recovery
For necessary expenses for readiness, mitigation, response,
and recovery activities, $244,000,000, including activities
authorized by the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5
U.S.C. App.), and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.): Provided, That of the total amount made available
under this heading, $25,000,000 shall be for Urban Search and
Rescue Teams, of which not to exceed $1,600,000 may be made
available for administrative costs.
Public Health Programs
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations,
$33,885,000: Provided, That the total amount appropriated and,
notwithstanding any other provision of law, the functions,
personnel, assets, and liabilities of the National Disaster
Medical System established under section 2811(b) of the Public
Health Service Act (42 U.S.C. 300hh-11(b)), including any
functions of the Secretary of Homeland Security relating to
such System, shall be permanently transferred to the Secretary
of the Department of Health and Human Services effective
January 1, 2007.
Disaster Relief
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,500,000,000, to remain available until
expended: Provided, That of the total amount provided, not to
exceed $13,500,000 shall be transferred to the Department of
Homeland Security Office of Inspector General for audits and
investigations related to natural disasters subject to section
503 of this Act.
Disaster Assistance Direct Loan Program Account
For administrative expenses to carry out the direct loan
program, as authorized by section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$569,000: Provided, That gross obligations for the principal
amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and
such additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of such Act, to
remain available until expended: Provided, That total
administrative costs shall not exceed three percent of the
total appropriation.
National Flood Insurance Fund
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.), $128,588,000,
which is available as follows: (1) not to exceed $38,230,000
for salaries and expenses associated with flood mitigation and
flood insurance operations; and (2) not to exceed $90,358,000
for flood hazard mitigation which shall be derived from
offsetting collections assessed and collected under section
1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), to remain available until September 30, 2008,
including up to $31,000,000 for flood mitigation expenses under
section 1366 of that Act, which amount shall be available for
transfer to the National Flood Mitigation Fund until September
30, 2008: Provided, That in fiscal year 2007, no funds shall be
available from the National Flood Insurance Fund in excess of:
(1) $70,000,000 for operating expenses; (2) $692,999,000 for
commissions and taxes of agents; (3) such sums as are necessary
for interest on Treasury borrowings; and (4) $50,000,000 for
flood mitigation actions with respect to severe repetitive loss
properties under section 1361A of that Act (42 U.S.C. 4102a)
and repetitive insurance claims properties under section 1323
of that Act (42 U.S.C. 4030), which shall remain available
until expended: Provided further, That total administrative
costs shall not exceed three percent of the total
appropriation.
National Flood Mitigation Fund
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c), $31,000,000, to
remain available until September 30, 2008, for activities
designed to reduce the risk of flood damage to structures
pursuant to such Act, of which $31,000,000 shall be derived
from the National Flood Insurance Fund.
National Predisaster Mitigation Fund
For a predisaster mitigation grant program under title II
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.), $100,000,000, to
remain available until expended: Provided, That grants made for
predisaster mitigation shall be awarded on a competitive basis
subject to the criteria in section 203(g) of such Act (42
U.S.C. 5133(g)): Provided further, That total administrative
costs shall not exceed three percent of the total
appropriation.
Emergency Food and Shelter
To carry out an emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $151,470,000, to remain available until
expended: Provided, That total administrative costs shall not
exceed 3.5 percent of the total appropriation.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $181,990,000, of which $93,500,000 is available until
expended: Provided, That $47,000,000 may not be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a strategic transformation
plan for United States Citizenship and Immigration Services
that has been reviewed and approved by the Secretary of
Homeland Security and reviewed by the Government Accountability
Office.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $211,033,000, of
which up to $43,910,000 for materials and support costs of
Federal law enforcement basic training shall remain available
until September 30, 2008; of which $300,000 shall remain
available until expended for Federal law enforcement agencies
participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for
the needs of participating agencies; and of which not to exceed
$12,000 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate
funds in anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total obligations
at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note) is amended by striking ``5 years after the date of
the enactment of this Act'' and inserting ``December 31,
2007'', and by striking ``250'' and inserting ``350''.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $64,246,000, to remain available
until expended: Provided, That of the amount provided under
this heading, $22,000,000 is designated as described in section
520 of this Act: Provided further, That the Center is
authorized to accept reimbursement to this appropriation from
government agencies requesting the construction of special use
facilities.
Science and Technology
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $135,000,000: Provided, That of the amount provided
under this heading, $60,000,000 shall not be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve an expenditure plan by
program, project, and activity; with a detailed breakdown and
justification of the management and administrative costs for
each; prepared by the Secretary of Homeland Security that has
been reviewed by the Government Accountability Office: Provided
further, That the expenditure plan shall describe the method
utilized to derive administration costs in fiscal year 2006 and
the fiscal year 2007 budget request: Provided further, That not
to exceed $3,000 shall be for official reception and
representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.); and the purchase or lease of not to exceed five
vehicles, $838,109,000, to remain available until expended:
Provided, That of the amounts made available under this
heading, $50,000,000 may not be obligated until the Committees
on Appropriations of the Senate and the House of
Representatives receive and approve a report prepared by the
Under Secretary of Science and Technology that describes the
progress to address financial management deficiencies, improve
its management controls, and implement performance measures and
evaluations.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection
Office and for management and administration of programs and
activities, $30,468,000: Provided, That no funds will be made
available for the reimbursement of individuals from other
Federal agencies or organizations in fiscal year 2009: Provided
further, That not to exceed $3,000 shall be for official
reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear
research, development, testing, evaluation and operations,
$272,500,000, to remain available until expended: Provided,
That of the amount provided under this heading, $15,000,000
shall not be obligated until the Secretary of Homeland Security
provides notification to the Committees on Appropriations of
the Senate and the House of Representatives that the Domestic
Nuclear Detection Office has entered into a Memorandum of
Understanding with each Federal entity and organization:
Provided further, That each Memorandum of Understanding shall
include a description of the role, responsibilities, and
resource commitment of each Federal entity or organization for
the global architecture.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture,
$178,000,000, to remain available until September 30, 2009; and
of which no less than $143,000,000 shall be for radiation
portal monitors; and of which not to exceed $5,000,000 shall be
for the Surge program: Provided, That none of the funds
appropriated under this heading shall be obligated for full
scale procurement of Advanced Spectroscopic Portal Monitors
until the Secretary of Homeland Security has certified through
a report to the Committees on Appropriations of the Senate and
the House of Representatives that a significant increase in
operational effectiveness will be achieved.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this Act: Provided, That balances so transferred may be
merged with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time
period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2007, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or
House of Representatives for a different purpose; or (5)
contracts out any function or activity for which funds have
been appropriated for Federal full-time equivalent positions;
unless the Committees on Appropriations of the Senate and the
House of Representatives are notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2007, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure for
programs, projects, or activities through a reprogramming of
funds in excess of $5,000,000 or 10 percent, whichever is less,
that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress; unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriations, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) of this section and shall not be available for
obligation unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days in
advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances which imminently threaten the safety of human
life or the protection of property.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to
make payments to the ``Department of Homeland Security Working
Capital Fund'', except for the activities and amounts allowed
in the President's fiscal year 2007 budget, excluding sedan
service, shuttle service, transit subsidy, mail operations,
parking, and competitive sourcing: Provided, That any
additional activities and amounts shall be approved by the
Committees on Appropriations of the Senate and the House of
Representatives 30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2007 from appropriations
for salaries and expenses for fiscal year 2007 in this Act
shall remain available through September 30, 2008, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds,
a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2007 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2007.
Sec. 507. The Federal Law Enforcement Training Center shall
lead the Federal law enforcement training accreditation
process, to include representatives from the Federal law
enforcement community and non-Federal accreditation experts
involved in law enforcement training, to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 508. None of the funds in this Act may be used to make
a grant allocation, discretionary grant award, discretionary
contract award, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention to
make such an award, unless the Secretary of Homeland Security
notifies the Committees on Appropriations of the Senate and the
House of Representatives at least three full business days in
advance: Provided, That no notification shall involve funds
that are not available for obligation: Provided further, That
the Office of Grants and Training shall brief the Committees on
Appropriations of the Senate and the House of Representatives
five full business days in advance of announcing publicly the
intention of making an award of formula-based grants; law
enforcement terrorism prevention grants; or high-threat, high-
density urban areas grants.
Sec. 509. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 510. The Director of the Federal Law Enforcement
Training Center shall schedule basic and/or advanced law
enforcement training at all four training facilities under the
control of the Federal Law Enforcement Training Center to
ensure that these training centers are operated at the highest
capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any
construction, repair, alteration, or acquisition project for
which a prospectus, if required by the Public Buildings Act of
1959 (40 U.S.C. 3301), has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
Sec. 513. Notwithstanding any other provision of law, the
authority of the Office of Personnel Management to conduct
personnel security and suitability background investigations,
update investigations, and periodic reinvestigations of
applicants for, or appointees in, positions in the Office of
the Secretary and Executive Management, the Office of the Under
Secretary for Management, Analysis and Operations, Immigration
and Customs Enforcement, the Directorate for Preparedness, and
the Directorate of Science and Technology of the Department of
Homeland Security is transferred to the Department of Homeland
Security: Provided, That on request of the Department of
Homeland Security, the Office of Personnel Management shall
cooperate with and assist the Department in any investigation
or reinvestigation under this section: Provided further, That
this section shall cease to be effective at such time as the
President has selected a single agency to conduct security
clearance investigations pursuant to section 3001(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 50 U.S.C. 435b) and the entity selected
pursuant to section 3001(b) of such Act has reported to
Congress that the agency selected pursuant to such section
3001(c) is capable of conducting all necessary investigations
in a timely manner or has authorized the entities within the
Department of Homeland Security covered by this section to
conduct their own investigations pursuant to section 3001 of
such Act.
Sec. 514. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deployment or
implementation, on other than a test basis, of the Secure
Flight program or any other follow on or successor passenger
prescreening program, until the Secretary of Homeland Security
certifies, and the Government Accountability Office reports, to
the Committees on Appropriations of the Senate and the House of
Representatives, that all ten of the conditions contained in
paragraphs (1) through (10) of section 522(a) of Public Law
108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be
submitted within 90 days after the Secretary provides the
requisite certification, and periodically thereafter, if
necessary, until the Government Accountability Office confirms
that all ten conditions have been successfully met.
(c) Within 90 days of enactment of this Act, the Secretary
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a detailed plan that describes
(1) the dates for achieving key milestones, including the date
or timeframes that the Secretary will certify the program under
subsection (a); and (2) the methodology to be followed to
support the Secretary's certification, as required under
subsection (a).
(d) During the testing phase permitted by subsection (a),
no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen
aviation passengers, or delay or deny boarding to such
passengers, except in instances where passenger names are
matched to a Government watch list.
(e) None of the funds provided in this or previous
appropriations Acts may be utilized to develop or test
algorithms assigning risk to passengers whose names are not on
Government watch lists.
(f) None of the funds provided in this or previous
appropriations Acts may be utilized for data or a database that
is obtained from or remains under the control of a non-Federal
entity: Provided, That this restriction shall not apply to
Passenger Name Record data obtained from air carriers.
Sec. 515. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 516. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as of
June 1, 2004, by employees (including employees serving on a
temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who
are known as of that date as Immigration Information Officers,
Contact Representatives, or Investigative Assistants.
Sec. 517. (a) None of the funds appropriated to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of a
Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into an agreement to perform such service on a fully
reimbursable basis.
(b) Beginning in fiscal year 2008, none of the funds
appropriated by this or any other Act to the United States
Secret Service shall be made available for the protection of a
person, other than persons granted protection under section
3056(a) of title 18, United States Code, and the Secretary of
Homeland Security: Provided, That the Director of the United
States Secret Service may enter into an agreement to perform
such protection on a fully reimbursable basis for protectees
not designated under section 3056(a) of title 18, United States
Code.
Sec. 518. The Secretary of Homeland Security, in
consultation with industry stakeholders, shall develop
standards and protocols for increasing the use of explosive
detection equipment to screen air cargo when appropriate.
Sec. 519. (a) The Secretary of Homeland Security is
directed to research, develop, and procure new technologies to
inspect and screen air cargo carried on passenger aircraft at
the earliest date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried on
passenger aircraft to the greatest extent practicable at each
airport until technologies developed under subsection (a) are
available.
(c) The Transportation Security Administration shall report
air cargo inspection statistics quarterly to the Committees on
Appropriations of the Senate and the House of Representatives,
by airport and air carrier, within 45 days after the end of the
quarter including any reason for non-compliance with the second
proviso of section 513 of the Department of Homeland Security
Appropriations Act, 2005 (Public Law 108-334, 118 Stat. 1317).
Sec. 520. For purposes of this Act, any designation
referring to this section is the designation of an amount as
making appropriations for contingency operations directly
related to the global war on terrorism, and other unanticipated
defense-related operations, pursuant to section 402 of H. Con.
Res. 376 (109th Congress) as made applicable to the House of
Representatives by H. Res. 818 (109th Congress), and as an
emergency requirement pursuant to section 402 of S. Con. Res.
83 (109th Congress) as made applicable to the Senate by section
7035 of Public Law 109-234.
Sec. 521. (a) Rescission.--From the unexpended balances of
the United States Coast Guard ``Acquisition, Construction, and
Improvements'' account specifically identified in the Joint
Explanatory Statement (House Report 109-241) accompanying
Public Law 109-90 for the Fast Response Cutter, the service
life extension program of the current 110-foot Island Class
patrol boat fleet, and accelerated design and production of the
Fast Response Cutter, $78,693,508 are rescinded.
(b) Additional Appropriation.--For necessary expenses of
the United States Coast Guard for ``Acquisition, Construction,
and Improvements'', there is appropriated an additional
$78,693,508, to remain available until September 30, 2009, for
the service life extension program of the current 110-foot
Island Class patrol boat fleet and the acquisition of
traditional patrol boats (``parent craft'').
Sec. 522. None of the funds made available in this Act may
be used by any person other than the Privacy Officer appointed
under section 222 of the Homeland Security Act of 2002 (6
U.S.C. 142) to alter, direct that changes be made to, delay, or
prohibit the transmission to Congress of any report prepared
under paragraph (6) of such section.
Sec. 523. No funding provided by this or previous
appropriation Acts shall be available to pay the salary of any
employee serving as a contracting officer's technical
representative (COTR), or anyone acting in a similar or like
capacity, who has not received COTR training.
Sec. 524. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support'' in
fiscal years 2004, 2005, and 2006 that are recovered or
deobligated shall be available only for procurement and
installation of explosive detection systems for air cargo,
baggage, and checkpoint screening systems, subject to
notification.
Sec. 525. (a) Within 30 days after enactment of this Act,
the Secretary of Homeland Security shall revise Department of
Homeland Security (DHS) Management Directive (MD) 11056 to
provide for the following:
(1) That when a lawful request is made to publicly
release a document containing information designated as
sensitive security information (SSI), the document
shall be reviewed in a timely manner to determine
whether any information contained in the document meets
the criteria for continued SSI protection under
applicable law and regulation and shall further provide
that all portions that no longer require SSI
designation be released, subject to applicable law,
including sections 552 and 552a of title 5, United
States Code;
(2) That sensitive security information that is
three years old and not incorporated in a current
transportation security directive, security plan,
contingency plan, or information circular; or does not
contain current information in one of the following SSI
categories: equipment or personnel performance
specifications, vulnerability assessments, security
inspection or investigative information, threat
information, security measures, security screening
information, security training materials, identifying
information of designated transportation security
personnel, critical aviation or maritime infrastructure
asset information, systems security information,
confidential business information, or research and
development information shall be subject to release
upon request unless:
(A) the Secretary or his designee makes a
written determination that identifies a
rational reason why the information must remain
SSI; or
(B) such information is otherwise exempt
from disclosure under applicable law:
Provided, That any determination made by the Secretary
under clause (a)(2)(A) shall be provided to the party
making a request to release such information and to the
Committees on Appropriations of the Senate and the
House of Representatives as part of the annual
reporting requirement pursuant to section 537 of the
Department of Homeland Security Appropriations Act,
2006 (Public Law 109-90; 119 Stat. 2088); and
(3) Common and extensive examples of the individual
categories of SSI information cited under 49 CFR
1520(b)(1) through (16) in order to minimize and
standardize judgment by covered persons in the
application of SSI marking.
(b) Not later than 120 days after the date of enactment of
this Act, the Secretary of Homeland Security shall report to
the Committees on Appropriations of the Senate and the House of
Representatives on the progress that the Department has made in
implementing the requirements of this section and of section
537 of the Department of Homeland Security Appropriations Act,
2006 (Public Law 109-90; 119 Stat. 2088).
(c) Not later than one year from the date of enactment of
this Act, the Government Accountability Office shall report to
the Committees on Appropriations of the Senate and the House of
Representatives on DHS progress and procedures in implementing
the requirements of this section.
(d) That in civil proceedings in the United States District
Courts, where a party seeking access to SSI demonstrates that
the party has substantial need of relevant SSI in the
preparation of the party's case and that the party is unable
without undue hardship to obtain the substantial equivalent of
the information by other means, the party or party's counsel
shall be designated as a covered person under 49 CFR Part
1520.7 in order to have access to the SSI at issue in the case,
provided that the overseeing judge enters an order that
protects the SSI from unauthorized or unnecessary disclosure
and specifies the terms and conditions of access, unless upon
completion of a criminal history check and terrorist assessment
like that done for aviation workers on the persons seeking
access to SSI, or based on the sensitivity of the information,
the Transportation Security Administration or DHS demonstrates
that such access to the information for the proceeding presents
a risk of harm to the nation: Provided, That notwithstanding
any other provision of law, an order granting access to SSI
under this section shall be immediately appealable to the
United States Courts of Appeals, which shall have plenary
review over both the evidentiary finding and the sufficiency of
the order specifying the terms and conditions of access to the
SSI in question: Provided further, That notwithstanding any
other provision of law, the Secretary may assess a civil
penalty of up to $50,000 for each violation of 49 CFR Part 1520
by persons provided access to SSI under this provision.
Sec. 526. The Department of Homeland Security Working
Capital Fund, established, pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
during fiscal year 2007.
Sec. 527. Rescission. Of the unobligated balances from
prior year appropriations made available for the
``Counterterrorism Fund'', $16,000,000 are rescinded.
Sec. 528. (a) The report required by Public Law 109-62 and
Public Law 109-90 detailing the allocation and obligation of
funds for ``Disaster Relief'' shall hereafter be submitted
monthly and include: (1) status of the Disaster Relief Fund
(DRF) including obligations, allocations, and amounts
undistributed/unallocated; (2) allocations, obligations, and
expenditures for Hurricanes Katrina, Rita, and Wilma; (3)
information on national flood insurance claims; (4) information
on manufactured housing data; (5) information on hotel/motel
data; (6) obligations, allocations and expenditures by State
for unemployment, crisis counseling, inspections, housing
assistance, manufactured housing, public assistance and
individual assistance; (7) mission assignment obligations by
agency, including (i) the amounts reimbursed to other agencies
that are in suspense because FEMA has not yet reviewed and
approved the documentation supporting the expenditure and (ii)
a disclaimer if the amounts of reported obligations and
expenditures do not reflect the status of such obligations and
expenditures from a government-wide perspective; (8) the amount
of credit card purchases by agency and mission assignment; (9)
specific reasons for all waivers granted and a description of
each waiver; and (10) a list of all contracts that were awarded
on a sole source or limited competition basis, including the
dollar amount, the purpose of the contract and the reason for
the lack of competitive award.
(b) The Secretary of Homeland Security shall at least
quarterly obtain and report from agencies performing mission
assignments each such agency's actual obligation and
expenditure data.
(c) For any request for reimbursement from a Federal agency
to the Department of Homeland Security to cover expenditures
under the Stafford Act (42 U.S.C. Sec. 5121 et seq.), or any
mission assignment orders issued by the Department of Homeland
Security for such purposes, the Secretary of Homeland Security
shall take appropriate steps to ensure that each agency is
periodically reminded of Department of Homeland Security
policies on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency
billings.
Sec. 529. Rescission. Of the unobligated balances from
prior year appropriations made available for Science and
Technology, $125,000,000 from ``Research, Development,
Acquisition, and Operations'' are rescinded.
Sec. 530. None of the funds made available in this Act may
be used to enforce section 4025(1) of Public Law 108-458 if the
Assistant Secretary (Transportation Security Administration)
determines that butane lighters are not a significant threat to
civil aviation security: Provided, That the Assistant Secretary
(Transportation Security Administration) shall notify the
Committees on Appropriations of the Senate and the House of
Representatives 15 days in advance of such determination
including a report on whether the effectiveness of screening
operations is enhanced by suspending enforcement of the
prohibition.
Sec. 531. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report that includes total obligations and on-board versus
funded full-time equivalent staffing levels.
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year 2007,
with respect to any undercover investigative operation of the
United States Secret Service (hereafter referred to in this
section as the ``Secret Service'') that is necessary for the
detection and prosecution of crimes against the United States--
(1) sums appropriated for the Secret Service,
including unobligated balances available from prior
fiscal years, may be used for purchasing property,
buildings, and other facilities, and for leasing space,
within the United States, the District of Columbia, and
the territories and possessions of the United States,
without regard to sections 1341 and 3324 of title 31,
United States Code, section 8141 of title 40, United
States Code, sections 3732(a) and 3741 of the Revised
Statutes of the United States (41 U.S.C. 11(a) and 22),
and sections 304(a) and 305 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C 254(a)
and 255);
(2) sums appropriated for the Secret Service,
including unobligated balances available from prior
fiscal years, may be used to establish or to acquire
proprietary corporations or business entities as part
of such undercover operation, and to operate such
corporations or business entities on a commercial
basis, without regard to sections 9102 and 9103 of
title 31, United States Code;
(3) sums appropriated for the Secret Service,
including unobligated balances available from prior
fiscal years and the proceeds from such undercover
operation, may be deposited in banks or other financial
institutions, without regard to section 648 of title
18, and section 3302 of title 31, United States Code;
and
(4) proceeds from such undercover operation may be
used to offset necessary and reasonable expenses
incurred in such operation, without regard to section
3302 of title 31, United States Code.
(b) Written Certification.--The authority set forth in
subsection (a) may be exercised only upon the written
certification of the Director of the Secret Service or designee
that any action authorized by any paragraph of such subsection
is necessary for the conduct of an undercover investigative
operation. Such certification shall continue in effect for the
duration of such operation, without regard to fiscal years.
(c) Deposit of Proceeds in Treasury.--As soon as
practicable after the proceeds from an undercover investigative
operation with respect to which an action is authorized and
carried out under paragraphs (3) and (4) of subsection (a) are
no longer necessary for the conduct of such operation, such
proceeds or the balance of such proceeds remaining at the time
shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(d) Reporting and Deposit of Proceeds Upon Disposition of
Certain Business Entities.--If a corporation or business entity
established or acquired as part of an undercover investigative
operation under paragraph (2) of subsection (a) with a net
value of over $50,000 is to be liquidated, sold, or otherwise
disposed of, the Secret Service, as much in advance as the
Director or designee determines is practicable, shall report
the circumstance to the Secretary of Homeland Security. The
proceeds of the liquidation, sale, or other disposition, after
obligations are met, shall be deposited in the Treasury of the
United States as miscellaneous receipts.
(e) Financial Audits and Reports.--
(1) The Secret Service shall conduct detailed
financial audits of closed undercover investigative
operations for which a written certification was made
pursuant to subsection (b) on a quarterly basis and
shall report the results of the audits in writing to
the Secretary of Homeland Security.
(2) The Secretary of Homeland Security shall
annually submit to the Committees on Appropriations of
the Senate and House of Representatives, at the time
that the President's budget is submitted under section
1105(a) of title 31, a summary of such audits.
Sec. 533. The Director of the Domestic Nuclear Detection
Office shall operate extramural and intramural research,
development, demonstrations, testing and evaluation programs so
as to distribute funding through grants, cooperative
agreements, other transactions and contracts.
Sec. 534. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall consider the Hancock
County Port and Harbor Commission in Mississippi eligible under
the Federal Emergency Management Agency Public Assistance
Program for all costs incurred for dredging from navigation
channel in Little Lake, Louisiana, sediment deposited as a
result of Hurricane George in 1998: Provided, That the
appropriate Federal share shall apply to approval of this
project.
Sec. 535. None of the funds made available in this Act for
United States Customs and Border Protection may be used to
prevent an individual not in the business of importing a
prescription drug (within the meaning of section 801(g) of the
Federal Food, Drug, and Cosmetic Act) from importing a
prescription drug from Canada that complies with the Federal
Food, Drug, and Cosmetic Act: Provided, That this section shall
apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a
90-day supply: Provided further, That the prescription drug may
not be:
(1) a controlled substance, as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 536. The Department of Homeland Security shall, in
approving standards for State and local emergency preparedness
operational plans under section 613(b)(3) of the Robert T.
Stafford Disaster and Emergency Assistance Act (42 U.S.C.
5196b(b)(3)), account for the needs of individuals with
household pets and service animals before, during, and
following a major disaster or emergency: Provided, That Federal
agencies may provide assistance as described in section 403(a)
of the Robert T. Stafford Disaster and Emergency Assistance Act
(42 U.S.C. 5170b(a)) to carry out the plans described in the
previous proviso.
Sec. 537. Rescission. From the unobligated balances from
prior year appropriations made available for Transportation
Security Administration ``Aviation Security'' and
``Headquarters Administration'', $4,776,000 are rescinded.
Sec. 538. Rescission. From the unobligated balances from
prior year appropriations made available for Transportation
Security Administration ``Aviation Security'', $61,936,000 are
rescinded.
Sec. 539. Rescission. From the unexpended balances of the
United States Coast Guard ``Acquisition, Construction, and
Improvements'' account specifically identified in the Joint
Explanatory Statement (House Report 109-241) accompanying the
Department of Homeland Security Act, 2006 (Public Law 109-90)
for the development of the Offshore Patrol Cutter, $20,000,000
are rescinded.
Sec. 540. Rescission. From the unexpended balances of the
United States Coast Guard ``Acquisition, Construction, and
Improvements'' account specifically identified in the Joint
Explanatory Statement (House Report 109-241) accompanying the
Department of Homeland Security Act, 2006 (Public Law 109-90)
for the Automatic Identification System, $4,100,000 are
rescinded.
Sec. 541. Notwithstanding the requirements of section
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, the Army Corps of Engineers may use
Lot 19, Block 1 of the Meadowview Acres Addition and Lot 8,
Block 5 of the Meadowview Acres Addition in Augusta, Kansas,
for building portions of the flood-control levee.
Sec. 542. Notwithstanding any time limitation established
for a grant awarded under title I, chapter 6, Public Law 106-
31, in the item relating to Federal Emergency Management
Agency--Disaster Assistance for Unmet Needs, the City of Cuero,
Texas, may use funds received under such grant program until
September 30, 2007.
Sec. 543. None of the funds made available by this Act
shall be used in contravention of the Federal buildings
performance and reporting requirements of Executive Order No.
13123, part 3 of title V of the National Energy Conservation
Policy Act (42 U.S.C. 8251 et seq.), or subtitle A of title I
of the Energy Policy Act of 2005 (including the amendments made
thereby).
Sec. 544. The Federal Law Enforcement Training Center
instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act
of 1998 (31 U.S.C. 501 note).
Sec. 545. None of the funds made available in this Act may
be used in contravention of section 303 of the Energy Policy
Act of 1992 (42 U.S.C. 13212).
Sec. 546. Section 7209(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C.
1185 note) is amended by striking from ``(1) Development of
plan.--The Secretary'' through ``7208(k)).'' and inserting the
following:
``(1) Development of plan and implementation.--
``(A) The Secretary of Homeland Security,
in consultation with the Secretary of State,
shall develop and implement a plan as
expeditiously as possible to require a passport
or other document, or combination of documents,
deemed by the Secretary of Homeland Security to
be sufficient to denote identity and
citizenship, for all travel into the United
States by United States citizens and by
categories of individuals for whom
documentation requirements have previously been
waived under section 212(d)(4)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)). This plan shall be implemented
not later than three months after the Secretary
of State and the Secretary of Homeland Security
make the certifications required in subsection
(B), or June 1, 2009, whichever is earlier. The
plan shall seek to expedite the travel of
frequent travelers, including those who reside
in border communities, and in doing so, shall
make readily available a registered traveler
program (as described in section 7208(k)).
``(B) The Secretary of Homeland Security
and the Secretary of State shall jointly
certify to the Committees on Appropriations of
the Senate and the House of Representatives
that the following criteria have been met prior
to implementation of section 7209(b)(1)(A)--
``(i) the National Institute of
Standards and Technology certifies that
the Departments of Homeland Security
and State have selected a card
architecture that meets or exceeds
International Organization for
Standardization (ISO) security
standards and meets or exceeds best
available practices for protection of
personal identification documents:
Provided, That the National Institute
of Standards and Technology shall also
assist the Departments of Homeland
Security and State to incorporate into
the architecture of the card the best
available practices to prevent the
unauthorized use of information on the
card: Provided further, That to
facilitate efficient cross-border
travel, the Departments of Homeland
Security and State shall, to the
maximum extent possible, develop an
architecture that is compatible with
information technology systems and
infrastructure used by United States
Customs and Border Protection;
``(ii) the technology to be used by
the United States for the passport
card, and any subsequent change to that
technology, has been shared with the
governments of Canada and Mexico;
``(iii) an agreement has been
reached with the United States Postal
Service on the fee to be charged
individuals for the passport card, and
a detailed justification has been
submitted to the Committees on
Appropriations of the Senate and the
House of Representatives;
``(iv) an alternative procedure has
been developed for groups of children
traveling across an international
border under adult supervision with
parental consent;
``(v) the necessary technological
infrastructure to process the passport
cards has been installed, and all
employees at ports of entry have been
properly trained in the use of the new
technology;
``(vi) the passport card has been
made available for the purpose of
international travel by United States
citizens through land and sea ports of
entry between the United States and
Canada, Mexico, the Caribbean and
Bermuda; and
``(vii) a single implementation
date for sea and land borders has been
established.''.
Sec. 547. None of the funds made available in this Act may
be used to award any contract for major disaster or emergency
assistance activities under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act except in accordance with
section 307 of such Act (42 U.S.C. 5150).
Sec. 548. None of the funds made available in the Act may
be used to reimburse L.B.& B. Associates, Inc. or Olgoonik
Logistics, LLC (or both) for attorneys fees related to pending
litigation against Local 30 of the International Union of
Operating Engineers.
Sec. 549. Notwithstanding any other provision of law, the
acquisition management system of the Transportation Security
Administration shall be subject to the provisions of the Small
Business Act (15 U.S.C. 631 et seq).
Sec. 550. (a) No later than six months after the date of
enactment of this Act, the Secretary of Homeland Security shall
issue interim final regulations establishing risk-based
performance standards for security of chemical facilities and
requiring vulnerability assessments and the development and
implementation of site security plans for chemical facilities:
Provided, That such regulations shall apply to chemical
facilities that, in the discretion of the Secretary, present
high levels of security risk: Provided further, That such
regulations shall permit each such facility, in developing and
implementing site security plans, to select layered security
measures that, in combination, appropriately address the
vulnerability assessment and the risk-based performance
standards for security for the facility: Provided further, That
the Secretary may not disapprove a site security plan submitted
under this section based on the presence or absence of a
particular security measure, but the Secretary may disapprove a
site security plan if the plan fails to satisfy the risk-based
performance standards established by this section: Provided
further, That the Secretary may approve alternative security
programs established by private sector entities, Federal,
State, or local authorities, or other applicable laws if the
Secretary determines that the requirements of such programs
meet the requirements of this section and the interim
regulations: Provided further, That the Secretary shall review
and approve each vulnerability assessment and site security
plan required under this section: Provided further, That the
Secretary shall not apply regulations issued pursuant to this
section to facilities regulated pursuant to the Maritime
Transportation Security Act of 2002, Public Law 107-295, as
amended; Public Water Systems, as defined by section 1401 of
the Safe Drinking Water Act, Public Law 93-523, as amended;
Treatment Works as defined in section 212 of the Federal Water
Pollution Control Act, Public Law 92-500, as amended; any
facility owned or operated by the Department of Defense or the
Department of Energy, or any facility subject to regulation by
the Nuclear Regulatory Commission.
(b) Interim regulations issued under this section shall
apply until the effective date of interim or final regulations
promulgated under other laws that establish requirements and
standards referred to in subsection (a) and expressly supersede
this section: Provided, That the authority provided by this
section shall terminate three years after the date of enactment
of this Act.
(c) Notwithstanding any other provision of law and
subsection (b), information developed under this section,
including vulnerability assessments, site security plans, and
other security related information, records, and documents
shall be given protections from public disclosure consistent
with similar information developed by chemical facilities
subject to regulation under section 70103 of title 46, United
States Code: Provided, That this subsection does not prohibit
the sharing of such information, as the Secretary deems
appropriate, with State and local government officials
possessing the necessary security clearances, including law
enforcement officials and first responders, for the purpose of
carrying out this section, provided that such information may
not be disclosed pursuant to any State or local law: Provided
further, That in any proceeding to enforce this section,
vulnerability assessments, site security plans, and other
information submitted to or obtained by the Secretary under
this section, and related vulnerability or security
information, shall be treated as if the information were
classified material.
(d) Any person who violates an order issued under this
section shall be liable for a civil penalty under section
70119(a) of title 46, United States Code: Provided, That
nothing in this section confers upon any person except the
Secretary a right of action against an owner or operator of a
chemical facility to enforce any provision of this section.
(e) The Secretary of Homeland Security shall audit and
inspect chemical facilities for the purposes of determining
compliance with the regulations issued pursuant to this
section.
(f) Nothing in this section shall be construed to
supersede, amend, alter, or affect any Federal law that
regulates the manufacture, distribution in commerce, use, sale,
other treatment, or disposal of chemical substances or
mixtures.
(g) If the Secretary determines that a chemical facility is
not in compliance with this section, the Secretary shall
provide the owner or operator with written notification
(including a clear explanation of deficiencies in the
vulnerability assessment and site security plan) and
opportunity for consultation, and issue an order to comply by
such date as the Secretary determines to be appropriate under
the circumstances: Provided, That if the owner or operator
continues to be in noncompliance, the Secretary may issue an
order for the facility to cease operation, until the owner or
operator complies with the order.
Sec. 551. (a) Construction of Border Tunnel or Passage.--
Chapter 27 of title 18, United States Code, is amended by
adding at the end the following:
``Sec. 554. Border tunnels and passages
``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses
the international border between the United States and another
country, other than a lawfully authorized tunnel or passage
known to the Secretary of Homeland Security and subject to
inspection by Immigration and Customs Enforcement, shall be
fined under this title and imprisoned for not more than 20
years.
``(b) Any person who knows or recklessly disregards the
construction or use of a tunnel or passage described in
subsection (a) on land that the person owns or controls shall
be fined under this title and imprisoned for not more than 10
years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in
violation of section 545), controlled substances, weapons of
mass destruction (including biological weapons), or a member of
a terrorist organization (as defined in section 2339B(g)(6))
shall be subject to a maximum term of imprisonment that is
twice the maximum term of imprisonment that would have
otherwise been applicable had the unlawful activity not made
use of such a tunnel or passage.''.
(b) Clerical Amendment.--The table of sections for chapter
27 of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 554. Border tunnels and passages.''.
(c) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by inserting ``554,'' before
``1425,''.
(d) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this subsection, the United States
Sentencing Commission shall promulgate or amend
sentencing guidelines to provide for increased
penalties for persons convicted of offenses described
in section 554 of title 18, United States Code, as
added by subsection (a).
(2) Requirements.--In carrying out this subsection,
the United States Sentencing Commission shall--
(A) ensure that the sentencing guidelines,
policy statements, and official commentary
reflect the serious nature of the offenses
described in section 554 of title 18, United
States Code, and the need for aggressive and
appropriate law enforcement action to prevent
such offenses;
(B) provide adequate base offense levels
for offenses under such section;
(C) account for any aggravating or
mitigating circumstances that might justify
exceptions, including--
(i) the use of a tunnel or passage
described in subsection (a) of such
section to facilitate other felonies;
and
(ii) the circumstances for which
the sentencing guidelines currently
provide applicable sentencing
enhancements;
(D) ensure reasonable consistency with
other relevant directives, other sentencing
guidelines, and statutes;
(E) make any necessary and conforming
changes to the sentencing guidelines and policy
statements; and
(F) ensure that the sentencing guidelines
adequately meet the purposes of sentencing set
forth in section 3553(a)(2) of title 18, United
States Code.
Sec. 552. The Secretary of Homeland Security may not take
any action to alter or reduce operations within the Civil
Engineering Program of the Coast Guard nationwide, including
the civil engineering units, facilities, design and
construction centers, the Coast Guard Academy, and the Coast
Guard Research and Development Center until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan on changes to the Civil Engineering
Program of the Coast Guard: Provided, That the plan shall
include a description of the current functions of the Civil
Engineering Program and a description of any proposed
modifications of such functions and of any proposed
modification of personnel and offices, including the rationale
for such modification; an assessment of the costs and benefits
of such modification; any proposed alternatives to such
modification; and the processes utilized by the Coast Guard and
the Office of Management and Budget to analyze and assess such
modification.
Sec. 553. None of the funds made available by this Act may
be used to take an action that would violate Executive Order
13149 (65 Fed. Reg. 24607; relating to greening the government
through Federal fleet and transportation efficiency).
Sec. 554. (a) The Transportation Security Administration
shall require each air carrier and foreign air carrier that
provides air transportation or intrastate air transportation to
submit plans to the Transportation Security Administration on
how such air carrier will participate in the voluntary
provision of emergency services program established by section
44944(a) of title 49, United States Code.
(b)(1) Not more than 90 days after the date of the
enactment of this Act, the Transportation Security
Administration shall prepare a report that contains the
following:
(A) Procedures that qualified individuals need to
follow in order to participate in the program described
in subsection (a).
(B) Relevant contacts for individuals interested in
participating in the program described in subsection
(a).
(2) The Transportation Security Administration shall make
the report required by paragraph (1) available, by Internet web
site or other appropriate method, to the following:
(A) The Congress.
(B) The emergency response agency of each State.
(C) The relevant organizations representing
individuals to participate in the program.
Sec. 555. Not later than 90 days after the date of
enactment of this Act, the Director of the Federal Emergency
Management Agency in conjunction with the Director of the
National Institute of Standards and Technology shall submit a
report to the Committees on Appropriations of the Senate and
the House of Representatives outlining Federal earthquake
response plans for high-risk earthquake regions in the United
States as determined by the United States Geological Survey.
Sec. 556. Not later than six months after the date of
enactment of this Act, the Secretary of Homeland Security shall
establish revised procedures for expeditiously clearing
individuals whose names have been mistakenly placed on a
terrorist database list or who have names identical or similar
to individuals on a terrorist database list. The Secretary
shall advise Congress of the procedures established.
Sec. 557. Title VII of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5201) is amended
by adding at the end the following:
``SEC. 706. FIREARMS POLICIES.
``(a) Prohibition on Confiscation of Firearms.--No officer
or employee of the United States (including any member of the
uniformed services), or person operating pursuant to or under
color of Federal law, or receiving Federal funds, or under
control of any Federal official, or providing services to such
an officer, employee, or other person, while acting in support
of relief from a major disaster or emergency, may--
``(1) temporarily or permanently seize, or
authorize seizure of, any firearm the possession of
which is not prohibited under Federal, State, or local
law, other than for forfeiture in compliance with
Federal law or as evidence in a criminal investigation;
``(2) require registration of any firearm for which
registration is not required by Federal, State, or
local law;
``(3) prohibit possession of any firearm, or
promulgate any rule, regulation, or order prohibiting
possession of any firearm, in any place or by any
person where such possession is not otherwise
prohibited by Federal, State, or local law; or
``(4) prohibit the carrying of firearms by any
person otherwise authorized to carry firearms under
Federal, State, or local law, solely because such
person is operating under the direction, control, or
supervision of a Federal agency in support of relief
from the major disaster or emergency.
``(b) Limitation.--Nothing in this section shall be
construed to prohibit any person in subsection (a) from
requiring the temporary surrender of a firearm as a condition
for entry into any mode of transportation used for rescue or
evacuation during a major disaster or emergency, provided that
such temporarily surrendered firearm is returned at the
completion of such rescue or evacuation.
``(c) Private Rights of Action.--
``(1) In general.--Any individual aggrieved by a
violation of this section may seek relief in an action
at law, suit in equity, or other proper proceeding for
redress against any person who subjects such
individual, or causes such individual to be subjected,
to the deprivation of any of the rights, privileges, or
immunities secured by this section.
``(2) Remedies.--In addition to any existing remedy
in law or equity, under any law, an individual
aggrieved by the seizure or confiscation of a firearm
in violation of this section may bring an action for
return of such firearm in the United States district
court in the district in which that individual resides
or in which such firearm may be found.
``(3) Attorney fees.--In any action or proceeding
to enforce this section, the court shall award the
prevailing party, other than the United States, a
reasonable attorney's fee as part of the costs.''.
Sec. 558. Pilot Integrated Scanning System. (a)
Designations.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Homeland Security (referred to in this section as the
``Secretary'') shall designate three foreign seaports
through which containers pass or are transshipped to
the United States to pilot an integrated scanning
system that couples nonintrusive imaging equipment and
radiation detection equipment, which may be provided by
the Megaports Initiative of the Department of Energy.
In making designations under this subsection, the
Secretary shall consider three distinct ports with
unique features and differing levels of trade volume.
(2) Collaboration and cooperation.--The Secretary
shall collaborate with the Secretary of Energy and
cooperate with the private sector and host foreign
government to implement the pilot program under this
subsection.
(b) Implementation.--Not later than one year after the date
of the enactment of this Act, the Secretary shall achieve a
full-scale implementation of the pilot integrated screening
system, which shall--
(1) scan all containers destined for the United
States that transit through the terminal;
(2) electronically transmit the images and
information to the container security initiative
personnel in the host country and/or Customs and Border
Protection personnel in the United States for
evaluation and analysis;
(3) resolve every radiation alarm according to
established Department procedures;
(4) utilize the information collected to enhance
the Automated Targeting System or other relevant
programs; and
(5) store the information for later retrieval and
analysis.
(c) Evaluation.--The Secretary shall evaluate the pilot
program in subsection (b) to determine whether such a system--
(1) has a sufficiently low false alarm rate for use
in the supply chain;
(2) is capable of being deployed and operated at
ports overseas, including consideration of cost,
personnel, and infrastructure required to operate the
system;
(3) is capable of integrating, where necessary,
with existing systems;
(4) does not significantly impact trade capacity
and flow of cargo at foreign or United States ports;
and
(5) provides an automated notification of
questionable or high-risk cargo as a trigger for
further inspection by appropriately trained personnel.
(d) Report.--Not later than 120 days after achieving full-
scale implementation under subsection (b), the Secretary, in
consultation with the Secretary of Energy and the Secretary of
State, shall submit a report, to the appropriate congressional
committees, that includes--
(1) an evaluation of the lessons derived from the
pilot program implemented under this section;
(2) an analysis of the efficacy of the Automated
Targeted System or other relevant programs in utilizing
the images captured to examine high-risk containers;
(3) an evaluation of software that is capable of
automatically identifying potential anomalies in
scanned containers; and
(4) a plan and schedule to expand the integrated
scanning system developed under this section to other
container security initiative ports.
(e) Implementation.--If the Secretary determines the
available technology meets the criteria outlined in subsection
(c), the Secretary, in cooperation with the Secretary of State,
shall seek to secure the cooperation of foreign governments to
initiate and maximize the use of such technology at foreign
ports to scan all cargo bound for the United States as quickly
as possible.
Sec. 559. (a) Rescission.--From the unexpended balances of
the United States Secret Service ``Salaries and Expenses''
account specifically identified in the Joint Explanatory
Statement (House Report 109-241) accompanying the Department of
Homeland Security Act, 2006 (Public Law 109-90) for National
Special Security Events, $2,500,000 are rescinded.
(b) Additional Appropriation.--For necessary expenses of
the United States Secret Service ``Protection, Administration,
and Training'', there is appropriated an additional $2,500,000,
to remain available until expended for National Special
Security Events.
Sec. 560. Transfer authority contained in section 505 of
the Homeland Security Act, as amended by title VI of this Act,
shall be used in accordance with the provisions of section
1531(a)(2) of title 31, United States Code.
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Post-Katrina Emergency
Management Reform Act of 2006''.
SEC. 602. DEFINITIONS.
In this title--
(1) the term ``Administrator'' means the
Administrator of the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``appropriate committees of Congress''
means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) those committees of the House of
Representatives that the Speaker of the House
of Representatives determines appropriate;
(4) the term ``catastrophic incident'' means any
natural disaster, act of terrorism, or other man-made
disaster that results in extraordinary levels of
casualties or damage or disruption severely affecting
the population (including mass evacuations),
infrastructure, environment, economy, national morale,
or government functions in an area;
(5) the term ``Department'' means the Department of
Homeland Security;
(6) the terms ``emergency'' and ``major disaster''
have the meanings given the terms in section 102 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122);
(7) the term ``emergency management'' means the
governmental function that coordinates and integrates
all activities necessary to build, sustain, and improve
the capability to prepare for, protect against, respond
to, recover from, or mitigate against threatened or
actual natural disasters, acts of terrorism, or other
man-made disasters;
(8) the term ``emergency response provider'' has
the meaning given the term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101), as amended by this
Act;
(9) the term ``Federal coordinating officer'' means
a Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143);
(10) the term ``individual with a disability'' has
the meaning given the term in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102);
(11) the terms ``local government'' and ``State''
have the meaning given the terms in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101);
(12) the term ``National Incident Management
System'' means a system to enable effective, efficient,
and collaborative incident management;
(13) the term ``National Response Plan'' means the
National Response Plan or any successor plan prepared
under section 502(a)(6) of the Homeland Security Act of
2002 (as amended by this Act);
(14) the term ``Secretary'' means the Secretary of
Homeland Security;
(15) the term ``surge capacity'' means the ability
to rapidly and substantially increase the provision of
search and rescue capabilities, food, water, medicine,
shelter and housing, medical care, evacuation capacity,
staffing (including disaster assistance employees), and
other resources necessary to save lives and protect
property during a catastrophic incident; and
(16) the term ``tribal government'' means the
government of an Indian tribe or authorized tribal
organization, or in Alaska a Native village or Alaska
Regional Native Corporation.
Subtitle A--Federal Emergency Management Agency
SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311
et seq.) is amended--
(1) by striking the title heading and inserting the
following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT'';
(2) by striking section 501;
(3) by striking section 503;
(4) by striking section 507;
(5) by striking section 510 (relating to urban and
other high risk area communications capabilities);
(6) by redesignating sections 504, 505, 508, and
509 as sections 517, 518, 519, and 520, respectively;
(7) by redesignating section 510 (relating to
procurement of security countermeasures for the
strategic national stockpile) as section 521;
(8) by redesignating section 502 as section 504;
(9) by redesignating section 506 as section 502 and
transferring that section to before section 504, as
redesignated by paragraph (8) of this section;
(10) by inserting before section 502, as
redesignated and transferred by paragraph (9) of this
section, the following:
``SEC. 501. DEFINITIONS.
``In this title--
``(1) the term `Administrator' means the
Administrator of the Agency;
``(2) the term `Agency' means the Federal Emergency
Management Agency;
``(3) the term `catastrophic incident' means any
natural disaster, act of terrorism, or other man-made
disaster that results in extraordinary levels of
casualties or damage or disruption severely affecting
the population (including mass evacuations),
infrastructure, environment, economy, national morale,
or government functions in an area;
``(4) the term `Federal coordinating officer' means
a Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143);
``(5) the term `interoperable' has the meaning
given the term `interoperable communications' under
section 7303(g)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1));
``(6) the term `National Incident Management
System' means a system to enable effective, efficient,
and collaborative incident management;
``(7) the term `National Response Plan' means the
National Response Plan or any successor plan prepared
under section 502(a)(6);
``(8) the term `Regional Administrator' means a
Regional Administrator appointed under section 507;
``(9) the term `Regional Office' means a Regional
Office established under section 507;
``(10) the term `surge capacity' means the ability
to rapidly and substantially increase the provision of
search and rescue capabilities, food, water, medicine,
shelter and housing, medical care, evacuation capacity,
staffing (including disaster assistance employees), and
other resources necessary to save lives and protect
property during a catastrophic incident; and
``(11) the term `tribal government' means the
government of any entity described in section
2(10)(B).'';
(11) by inserting after section 502, as
redesignated and transferred by paragraph (9) of this
section, the following:
``SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.
``(a) In General.--There is in the Department the Federal
Emergency Management Agency, headed by an Administrator.
``(b) Mission.--
``(1) Primary mission.--The primary mission of the
Agency is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other man-made
disasters, by leading and supporting the Nation in a
risk-based, comprehensive emergency management system
of preparedness, protection, response, recovery, and
mitigation.
``(2) Specific activities.--In support of the
primary mission of the Agency, the Administrator
shall--
``(A) lead the Nation's efforts to prepare
for, protect against, respond to, recover from,
and mitigate against the risk of natural
disasters, acts of terrorism, and other man-
made disasters, including catastrophic
incidents;
``(B) partner with State, local, and tribal
governments and emergency response providers,
with other Federal agencies, with the private
sector, and with nongovernmental organizations
to build a national system of emergency
management that can effectively and efficiently
utilize the full measure of the Nation's
resources to respond to natural disasters, acts
of terrorism, and other man-made disasters,
including catastrophic incidents;
``(C) develop a Federal response capability
that, when necessary and appropriate, can act
effectively and rapidly to deliver assistance
essential to saving lives or protecting or
preserving property or public health and safety
in a natural disaster, act of terrorism, or
other man-made disaster;
``(D) integrate the Agency's emergency
preparedness, protection, response, recovery,
and mitigation responsibilities to confront
effectively the challenges of a natural
disaster, act of terrorism, or other man-made
disaster;
``(E) develop and maintain robust Regional
Offices that will work with State, local, and
tribal governments, emergency response
providers, and other appropriate entities to
identify and address regional priorities;
``(F) under the leadership of the
Secretary, coordinate with the Commandant of
the Coast Guard, the Director of Customs and
Border Protection, the Director of Immigration
and Customs Enforcement, the National
Operations Center, and other agencies and
offices in the Department to take full
advantage of the substantial range of resources
in the Department;
``(G) provide funding, training, exercises,
technical assistance, planning, and other
assistance to build tribal, local, State,
regional, and national capabilities (including
communications capabilities), necessary to
respond to a natural disaster, act of
terrorism, or other man-made disaster; and
``(H) develop and coordinate the
implementation of a risk-based, all-hazards
strategy for preparedness that builds those
common capabilities necessary to respond to
natural disasters, acts of terrorism, and other
man-made disasters while also building the
unique capabilities necessary to respond to
specific types of incidents that pose the
greatest risk to our Nation.
``(c) Administrator.--
``(1) In general.--The Administrator shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(2) Qualifications.--The Administrator shall be
appointed from among individuals who have--
``(A) a demonstrated ability in and
knowledge of emergency management and homeland
security; and
``(B) not less than 5 years of executive
leadership and management experience in the
public or private sector.
``(3) Reporting.--The Administrator shall report to
the Secretary, without being required to report through
any other official of the Department.
``(4) Principal advisor on emergency management.--
``(A) In general.--The Administrator is the
principal advisor to the President, the
Homeland Security Council, and the Secretary
for all matters relating to emergency
management in the United States.
``(B) Advice and recommendations.--
``(i) In general.--In presenting
advice with respect to any matter to
the President, the Homeland Security
Council, or the Secretary, the
Administrator shall, as the
Administrator considers appropriate,
inform the President, the Homeland
Security Council, or the Secretary, as
the case may be, of the range of
emergency preparedness, protection,
response, recovery, and mitigation
options with respect to that matter.
``(ii) Advice on request.--The
Administrator, as the principal advisor
on emergency management, shall provide
advice to the President, the Homeland
Security Council, or the Secretary on a
particular matter when the President,
the Homeland Security Council, or the
Secretary requests such advice.
``(iii) Recommendations to
congress.--After informing the
Secretary, the Administrator may make
such recommendations to Congress
relating to emergency management as the
Administrator considers appropriate.
``(5) Cabinet status.--
``(A) In general.--The President may
designate the Administrator to serve as a
member of the Cabinet in the event of natural
disasters, acts of terrorism, or other man-made
disasters.
``(B) Retention of authority.--Nothing in
this paragraph shall be construed as affecting
the authority of the Secretary under this
Act.'';
(12) in section 504, as redesignated by paragraph
(8) of this section--
(A) in the section heading, by inserting
``AUTHORITY AND'' before ``RESPONSIBILITIES'';
(B) by striking the matter preceding
paragraph (1) and inserting the following:
``(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond
to, recover from, or mitigate against a natural disaster, act
of terrorism, or other man-made disaster, including--'';
(C) in paragraph (6), by striking ``and''
at the end; and
(D) by striking paragraph (7) and inserting
the following:
``(7) helping ensure the acquisition of operable
and interoperable communications capabilities by
Federal, State, local, and tribal governments and
emergency response providers;
``(8) assisting the President in carrying out the
functions under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
and carrying out all functions and authorities given to
the Administrator under that Act;
``(9) carrying out the mission of the Agency to
reduce the loss of life and property and protect the
Nation from all hazards by leading and supporting the
Nation in a risk-based, comprehensive emergency
management system of--
``(A) mitigation, by taking sustained
actions to reduce or eliminate long-term risks
to people and property from hazards and their
effects;
``(B) preparedness, by planning, training,
and building the emergency management
profession to prepare effectively for, mitigate
against, respond to, and recover from any
hazard;
``(C) response, by conducting emergency
operations to save lives and property through
positioning emergency equipment, personnel, and
supplies, through evacuating potential victims,
through providing food, water, shelter, and
medical care to those in need, and through
restoring critical public services; and
``(D) recovery, by rebuilding communities
so individuals, businesses, and governments can
function on their own, return to normal life,
and protect against future hazards;
``(10) increasing efficiencies, by coordinating
efforts relating to preparedness, protection, response,
recovery, and mitigation;
``(11) helping to ensure the effectiveness of
emergency response providers in responding to a natural
disaster, act of terrorism, or other man-made disaster;
``(12) supervising grant programs administered by
the Agency;
``(13) administering and ensuring the
implementation of the National Response Plan, including
coordinating and ensuring the readiness of each
emergency support function under the National Response
Plan;
``(14) coordinating with the National Advisory
Council established under section 508;
``(15) preparing and implementing the plans and
programs of the Federal Government for--
``(A) continuity of operations;
``(B) continuity of government; and
``(C) continuity of plans;
``(16) minimizing, to the extent practicable,
overlapping planning and reporting requirements
applicable to State, local, and tribal governments and
the private sector;
``(17) maintaining and operating within the Agency
the National Response Coordination Center or its
successor;
``(18) developing a national emergency management
system that is capable of preparing for, protecting
against, responding to, recovering from, and mitigating
against catastrophic incidents;
``(19) assisting the President in carrying out the
functions under the national preparedness goal and the
national preparedness system and carrying out all
functions and authorities of the Administrator under
the national preparedness System;
``(20) carrying out all authorities of the Federal
Emergency Management Agency and the Directorate of
Preparedness of the Department as transferred under
section 505; and
``(21) otherwise carrying out the mission of the
Agency as described in section 503(b).
``(b) All-Hazards Approach.--In carrying out the
responsibilities under this section, the Administrator shall
coordinate the implementation of a risk-based, all-hazards
strategy that builds those common capabilities necessary to
prepare for, protect against, respond to, recover from, or
mitigate against natural disasters, acts of terrorism, and
other man-made disasters, while also building the unique
capabilities necessary to prepare for, protect against, respond
to, recover from, or mitigate against the risks of specific
types of incidents that pose the greatest risk to the
Nation.''; and
(13) by inserting after section 504, as
redesignated by paragraph (8) of this section, the
following:
``SEC. 505. FUNCTIONS TRANSFERRED.
``(a) In General.--Except as provided in subsection (b),
there are transferred to the Agency the following:
``(1) All functions of the Federal Emergency
Management Agency, including existing responsibilities
for emergency alert systems and continuity of
operations and continuity of government plans and
programs as constituted on June 1, 2006, including all
of its personnel, assets, components, authorities,
grant programs, and liabilities, and including the
functions of the Under Secretary for Federal Emergency
Management relating thereto.
``(2) The Directorate of Preparedness, as
constituted on June 1, 2006, including all of its
functions, personnel, assets, components, authorities,
grant programs, and liabilities, and including the
functions of the Under Secretary for Preparedness
relating thereto.
``(b) Exceptions.--The following within the Preparedness
Directorate shall not be transferred:
``(1) The Office of Infrastructure Protection.
``(2) The National Communications System.
``(3) The National Cybersecurity Division.
``(4) The Office of the Chief Medical Officer.
``(5) The functions, personnel, assets, components,
authorities, and liabilities of each component
described under paragraphs (1) through (4).
``SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
``(a) Distinct Entity.--The Agency shall be maintained as a
distinct entity within the Department.
``(b) Reorganization.--Section 872 shall not apply to the
Agency, including any function or organizational unit of the
Agency.
``(c) Prohibition on Changes to Missions.--
``(1) In general.--The Secretary may not
substantially or significantly reduce the authorities,
responsibilities, or functions of the Agency or the
capability of the Agency to perform those missions,
authorities, responsibilities, except as otherwise
specifically provided in an Act enacted after the date
of enactment of the Post-Katrina Emergency Management
Reform Act of 2006.
``(2) Certain transfers prohibited.--No asset,
function, or mission of the Agency may be diverted to
the principal and continuing use of any other
organization, unit, or entity of the Department, except
for details or assignments that do not reduce the
capability of the Agency to perform its missions.
``(d) Reprogramming and Transfer of Funds.--In
reprogramming or transferring funds, the Secretary shall comply
with any applicable provisions of any Act making appropriations
for the Department for fiscal year 2007, or any succeeding
fiscal year, relating to the reprogramming or transfer of
funds.
``SEC. 507. REGIONAL OFFICES.
``(a) In General.--There are in the Agency 10 regional
offices, as identified by the Administrator.
``(b) Management of Regional Offices.--
``(1) Regional administrator.--Each Regional Office
shall be headed by a Regional Administrator who shall
be appointed by the Administrator, after consulting
with State, local, and tribal government officials in
the region. Each Regional Administrator shall report
directly to the Administrator and be in the Senior
Executive Service.
``(2) Qualifications.--
``(A) In general.--Each Regional
Administrator shall be appointed from among
individuals who have a demonstrated ability in
and knowledge of emergency management and
homeland security.
``(B) Considerations.--In selecting a
Regional Administrator for a Regional Office,
the Administrator shall consider the
familiarity of an individual with the
geographical area and demographic
characteristics of the population served by
such Regional Office.
``(c) Responsibilities.--
``(1) In general.--The Regional Administrator shall
work in partnership with State, local, and tribal
governments, emergency managers, emergency response
providers, medical providers, the private sector,
nongovernmental organizations, multijurisdictional
councils of governments, and regional planning
commissions and organizations in the geographical area
served by the Regional Office to carry out the
responsibilities of a Regional Administrator under this
section.
``(2) Responsibilities.--The responsibilities of a
Regional Administrator include--
``(A) ensuring effective, coordinated, and
integrated regional preparedness, protection,
response, recovery, and mitigation activities
and programs for natural disasters, acts of
terrorism, and other man-made disasters
(including planning, training, exercises, and
professional development);
``(B) assisting in the development of
regional capabilities needed for a national
catastrophic response system;
``(C) coordinating the establishment of
effective regional operable and interoperable
emergency communications capabilities;
``(D) staffing and overseeing 1 or more
strike teams within the region under subsection
(f), to serve as the focal point of the Federal
Government's initial response efforts for
natural disasters, acts of terrorism, and other
man-made disasters within that region, and
otherwise building Federal response
capabilities to respond to natural disasters,
acts of terrorism, and other man-made disasters
within that region;
``(E) designating an individual responsible
for the development of strategic and
operational regional plans in support of the
National Response Plan;
``(F) fostering the development of mutual
aid and other cooperative agreements;
``(G) identifying critical gaps in regional
capabilities to respond to populations with
special needs;
``(H) maintaining and operating a Regional
Response Coordination Center or its successor;
and
``(I) performing such other duties relating
to such responsibilities as the Administrator
may require.
``(3) Training and exercise requirements.--
``(A) Training.--The Administrator shall
require each Regional Administrator to undergo
specific training periodically to complement
the qualifications of the Regional
Administrator. Such training, as appropriate,
shall include training with respect to the
National Incident Management System, the
National Response Plan, and such other subjects
as determined by the Administrator.
``(B) Exercises.--The Administrator shall
require each Regional Administrator to
participate as appropriate in regional and
national exercises.
``(d) Area Offices.--
``(1) In general.--There is an Area Office for the
Pacific and an Area Office for the Caribbean, as
components in the appropriate Regional Offices.
``(2) Alaska.--The Administrator shall establish an
Area Office in Alaska, as a component in the
appropriate Regional Office.
``(e) Regional Advisory Council.--
``(1) Establishment.--Each Regional Administrator
shall establish a Regional Advisory Council.
``(2) Nominations.--A State, local, or tribal
government located within the geographic area served by
the Regional Office may nominate officials, including
Adjutants General and emergency managers, to serve as
members of the Regional Advisory Council for that
region.
``(3) Responsibilities.--Each Regional Advisory
Council shall--
``(A) advise the Regional Administrator on
emergency management issues specific to that
region;
``(B) identify any geographic, demographic,
or other characteristics peculiar to any State,
local, or tribal government within the region
that might make preparedness, protection,
response, recovery, or mitigation more
complicated or difficult; and
``(C) advise the Regional Administrator of
any weaknesses or deficiencies in preparedness,
protection, response, recovery, and mitigation
for any State, local, and tribal government
within the region of which the Regional
Advisory Council is aware.
``(f) Regional Office Strike Teams.--
``(1) In general.--In coordination with other
relevant Federal agencies, each Regional Administrator
shall oversee multi-agency strike teams authorized
under section 303 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5144)
that shall consist of--
``(A) a designated Federal coordinating
officer;
``(B) personnel trained in incident
management;
``(C) public affairs, response and
recovery, and communications support personnel;
``(D) a defense coordinating officer;
``(E) liaisons to other Federal agencies;
``(F) such other personnel as the
Administrator or Regional Administrator
determines appropriate; and
``(G) individuals from the agencies with
primary responsibility for each of the
emergency support functions in the National
Response Plan.
``(2) Other duties.--The duties of an individual
assigned to a Regional Office strike team from another
relevant agency when such individual is not functioning
as a member of the strike team shall be consistent with
the emergency preparedness activities of the agency
that employs such individual.
``(3) Location of members.--The members of each
Regional Office strike team, including representatives
from agencies other than the Department, shall be based
primarily within the region that corresponds to that
strike team.
``(4) Coordination.--Each Regional Office strike
team shall coordinate the training and exercises of
that strike team with the State, local, and tribal
governments and private sector and nongovernmental
entities which the strike team shall support when a
natural disaster, act of terrorism, or other man-made
disaster occurs.
``(5) Preparedness.--Each Regional Office strike
team shall be trained as a unit on a regular basis and
equipped and staffed to be well prepared to respond to
natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents.
``(6) Authorities.--If the Administrator determines
that statutory authority is inadequate for the
preparedness and deployment of individuals in strike
teams under this subsection, the Administrator shall
report to Congress regarding the additional statutory
authorities that the Administrator determines are
necessary.
``SEC. 508. NATIONAL ADVISORY COUNCIL.
``(a) Establishment.--Not later than 60 days after the date
of enactment of the Post-Katrina Emergency Management Reform
Act of 2006, the Secretary shall establish an advisory body
under section 871(a) to ensure effective and ongoing
coordination of Federal preparedness, protection, response,
recovery, and mitigation for natural disasters, acts of
terrorism, and other man-made disasters, to be known as the
National Advisory Council.
``(b) Responsibilities.--The National Advisory Council
shall advise the Administrator on all aspects of emergency
management. The National Advisory Council shall incorporate
State, local, and tribal government and private sector input in
the development and revision of the national preparedness goal,
the national preparedness system, the National Incident
Management System, the National Response Plan, and other
related plans and strategies.
``(c) Membership.--
``(1) In general.--The members of the National
Advisory Council shall be appointed by the
Administrator, and shall, to the extent practicable,
represent a geographic (including urban and rural) and
substantive cross section of officials, emergency
managers, and emergency response providers from State,
local, and tribal governments, the private sector, and
nongovernmental organizations, including as
appropriate--
``(A) members selected from the emergency
management field and emergency response
providers, including fire service, law
enforcement, hazardous materials response,
emergency medical services, and emergency
management personnel, or organizations
representing such individuals;
``(B) health scientists, emergency and
inpatient medical providers, and public health
professionals;
``(C) experts from Federal, State, local,
and tribal governments, and the private sector,
representing standards-setting and accrediting
organizations, including representatives from
the voluntary consensus codes and standards
development community, particularly those with
expertise in the emergency preparedness and
response field;
``(D) State, local, and tribal government
officials with expertise in preparedness,
protection, response, recovery, and mitigation,
including Adjutants General;
``(E) elected State, local, and tribal
government executives;
``(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
``(G) representatives of individuals with
disabilities and other populations with special
needs; and
``(H) such other individuals as the
Administrator determines to be appropriate.
``(2) Coordination with the departments of health
and human services and transportation.--In the
selection of members of the National Advisory Council
who are health or emergency medical services
professionals, the Administrator shall work with the
Secretary of Health and Human Services and the
Secretary of Transportation.
``(3) Ex officio members.--The Administrator shall
designate 1 or more officers of the Federal Government
to serve as ex officio members of the National Advisory
Council.
``(4) Terms of office.--
``(A) In general.--Except as provided in
subparagraph (B), the term of office of each
member of the National Advisory Council shall
be 3 years.
``(B) Initial appointments.--Of the members
initially appointed to the National Advisory
Council--
``(i) one-third shall be appointed
for a term of 1 year; and
``(ii) one-third shall be appointed
for a term of 2 years.
``(d) Applicability of Federal Advisory Committee Act.--
``(1) In general.--Notwithstanding section 871(a)
and subject to paragraph (2), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections
(a), (b), and (d) of section 10 of such Act, and
section 552b(c) of title 5, United States Code, shall
apply to the National Advisory Council.
``(2) Termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the National Advisory Council.
``SEC. 509. NATIONAL INTEGRATION CENTER.
``(a) In General.--There is established in the Agency a
National Integration Center.
``(b) Responsibilities.--
``(1) In general.--The Administrator, through the
National Integration Center, and in consultation with
other Federal departments and agencies and the National
Advisory Council, shall ensure ongoing management and
maintenance of the National Incident Management System,
the National Response Plan, and any successor to such
system or plan.
``(2) Specific responsibilities.--The National
Integration Center shall periodically review, and
revise as appropriate, the National Incident Management
System and the National Response Plan, including--
``(A) establishing, in consultation with
the Director of the Corporation for National
and Community Service, a process to better use
volunteers and donations;
``(B) improving the use of Federal, State,
local, and tribal resources and ensuring the
effective use of emergency response providers
at emergency scenes; and
``(C) revising the Catastrophic Incident
Annex, finalizing and releasing the
Catastrophic Incident Supplement to the
National Response Plan, and ensuring that both
effectively address response requirements in
the event of a catastrophic incident.
``(c) Incident Management.--
``(1) In general.--
``(A) National response plan.--The
Secretary, acting through the Administrator,
shall ensure that the National Response Plan
provides for a clear chain of command to lead
and coordinate the Federal response to any
natural disaster, act of terrorism, or other
man-made disaster.
``(B) Administrator.--The chain of the
command specified in the National Response Plan
shall--
``(i) provide for a role for the
Administrator consistent with the role
of the Administrator as the principal
emergency management advisor to the
President, the Homeland Security
Council, and the Secretary under
section 503(c)(4) and the
responsibility of the Administrator
under the Post-Katrina Emergency
Management Reform Act of 2006, and the
amendments made by that Act, relating
to natural disasters, acts of
terrorism, and other man-made
disasters; and
``(ii) provide for a role for the
Federal Coordinating Officer consistent
with the responsibilities under section
302(b) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)).
``(2) Principal federal official.--The Principal
Federal Official (or the successor thereto) shall not--
``(A) direct or replace the incident
command structure established at the incident;
or
``(B) have directive authority over the
Senior Federal Law Enforcement Official,
Federal Coordinating Officer, or other Federal
and State officials.
``SEC. 510. CREDENTIALING AND TYPING.
``The Administrator shall enter into a memorandum of
understanding with the administrators of the Emergency
Management Assistance Compact, State, local, and tribal
governments, and organizations that represent emergency
response providers, to collaborate on developing standards for
deployment capabilities, including credentialing of personnel
and typing of resources likely needed to respond to natural
disasters, acts of terrorism, and other man-made disasters.
``SEC. 511. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.
``(a) Definition.--In this section, the term `National
Infrastructure Simulation and Analysis Center' means the
National Infrastructure Simulation and Analysis Center
established under section 1016(d) of the USA PATRIOT Act (42
U.S.C. 5195c(d)).
``(b) Authority.--
``(1) In general.--There is in the Department the
National Infrastructure Simulation and Analysis Center
which shall serve as a source of national expertise to
address critical infrastructure protection and
continuity through support for activities related to--
``(A) counterterrorism, threat assessment,
and risk mitigation; and
``(B) a natural disaster, act of terrorism,
or other man-made disaster.
``(2) Infrastructure modeling.--
``(A) Particular support.--The support
provided under paragraph (1) shall include
modeling, simulation, and analysis of the
systems and assets comprising critical
infrastructure, in order to enhance
preparedness, protection, response, recovery,
and mitigation activities.
``(B) Relationship with other agencies.--
Each Federal agency and department with
critical infrastructure responsibilities under
Homeland Security Presidential Directive 7, or
any successor to such directive, shall
establish a formal relationship, including an
agreement regarding information sharing,
between the elements of such agency or
department and the National Infrastructure
Simulation and Analysis Center, through the
Department.
``(C) Purpose.--
``(i) In general.--The purpose of
the relationship under subparagraph (B)
shall be to permit each Federal agency
and department described in
subparagraph (B) to take full advantage
of the capabilities of the National
Infrastructure Simulation and Analysis
Center (particularly vulnerability and
consequence analysis), consistent with
its work load capacity and priorities,
for real-time response to reported and
projected natural disasters, acts of
terrorism, and other man-made
disasters.
``(ii) Recipient of certain
support.--Modeling, simulation, and
analysis provided under this subsection
shall be provided to relevant Federal
agencies and departments, including
Federal agencies and departments with
critical infrastructure
responsibilities under Homeland
Security Presidential Directive 7, or
any successor to such directive.
``SEC. 512. EVACUATION PLANS AND EXERCISES.
``(a) In General.--Notwithstanding any other provision of
law, and subject to subsection (d), grants made to States or
local or tribal governments by the Department through the State
Homeland Security Grant Program or the Urban Area Security
Initiative may be used to--
``(1) establish programs for the development and
maintenance of mass evacuation plans under subsection
(b) in the event of a natural disaster, act of
terrorism, or other man-made disaster;
``(2) prepare for the execution of such plans,
including the development of evacuation routes and the
purchase and stockpiling of necessary supplies and
shelters; and
``(3) conduct exercises of such plans.
``(b) Plan Development.--In developing the mass evacuation
plans authorized under subsection (a), each State, local, or
tribal government shall, to the maximum extent practicable--
``(1) establish incident command and decision
making processes;
``(2) ensure that State, local, and tribal
government plans, including evacuation routes, are
coordinated and integrated;
``(3) identify primary and alternative evacuation
routes and methods to increase evacuation capabilities
along such routes such as conversion of two-way traffic
to one-way evacuation routes;
``(4) identify evacuation transportation modes and
capabilities, including the use of mass and public
transit capabilities, and coordinating and integrating
evacuation plans for all populations including for
those individuals located in hospitals, nursing homes,
and other institutional living facilities;
``(5) develop procedures for informing the public
of evacuation plans before and during an evacuation,
including individuals--
``(A) with disabilities or other special
needs;
``(B) with limited English proficiency; or
``(C) who might otherwise have difficulty
in obtaining such information; and
``(6) identify shelter locations and capabilities.
``(c) Assistance.--
``(1) In general.--The Administrator may establish
any guidelines, standards, or requirements determined
appropriate to administer this section and to ensure
effective mass evacuation planning for State, local,
and tribal areas.
``(2) Requested assistance.--The Administrator
shall make assistance available upon request of a
State, local, or tribal government to assist hospitals,
nursing homes, and other institutions that house
individuals with special needs to establish, maintain,
and exercise mass evacuation plans that are coordinated
and integrated into the plans developed by that State,
local, or tribal government under this section.
``(d) Multipurpose Funds.--Nothing in this section may be
construed to preclude a State, local, or tribal government from
using grant funds in a manner that enhances preparedness for a
natural or man-made disaster unrelated to an act of terrorism,
if such use assists such government in building capabilities
for terrorism preparedness.
``SEC. 513. DISABILITY COORDINATOR.
``(a) In General.--After consultation with organizations
representing individuals with disabilities, the National
Council on Disabilities, and the Interagency Coordinating
Council on Preparedness and Individuals with Disabilities,
established under Executive Order 13347 (6 U.S.C. 312 note),
the Administrator shall appoint a Disability Coordinator. The
Disability Coordinator shall report directly to the
Administrator, in order to ensure that the needs of individuals
with disabilities are being properly addressed in emergency
preparedness and disaster relief.
``(b) Responsibilities.--The Disability Coordinator shall
be responsible for--
``(1) providing guidance and coordination on
matters related to individuals with disabilities in
emergency planning requirements and relief efforts in
the event of a natural disaster, act of terrorism, or
other man-made disaster;
``(2) interacting with the staff of the Agency, the
National Council on Disabilities, the Interagency
Coordinating Council on Preparedness and Individuals
with Disabilities established under Executive Order No.
13347 (6 U.S.C. 312 note), other agencies of the
Federal Government, and State, local, and tribal
government authorities regarding the needs of
individuals with disabilities in emergency planning
requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
``(3) consulting with organizations that represent
the interests and rights of individuals with
disabilities about the needs of individuals with
disabilities in emergency planning requirements and
relief efforts in the event of a natural disaster, act
of terrorism, or other man-made disaster;
``(4) ensuring the coordination and dissemination
of best practices and model evacuation plans for
individuals with disabilities;
``(5) ensuring the development of training
materials and a curriculum for training of emergency
response providers, State, local, and tribal government
officials, and others on the needs of individuals with
disabilities;
``(6) promoting the accessibility of telephone
hotlines and websites regarding emergency preparedness,
evacuations, and disaster relief;
``(7) working to ensure that video programming
distributors, including broadcasters, cable operators,
and satellite television services, make emergency
information accessible to individuals with hearing and
vision disabilities;
``(8) ensuring the availability of accessible
transportation options for individuals with
disabilities in the event of an evacuation;
``(9) providing guidance and implementing policies
to ensure that the rights and wishes of individuals
with disabilities regarding post-evacuation residency
and relocation are respected;
``(10) ensuring that meeting the needs of
individuals with disabilities are included in the
components of the national preparedness system
established under section 644 of the Post-Katrina
Emergency Management Reform Act of 2006; and
``(11) any other duties as assigned by the
Administrator.
``SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.
``(a) Deputy Administrators.--The President may appoint, by
and with the advice and consent of the Senate, not more than 4
Deputy Administrators to assist the Administrator in carrying
out this title.
``(b) Cybersecurity and Communications.--There is in the
Department an Assistant Secretary for Cybersecurity and
Communications.
``(c) United States Fire Administration.--The Administrator
of the United States Fire Administration shall have a rank
equivalent to an assistant secretary of the Department.
``SEC. 515. NATIONAL OPERATIONS CENTER.
``(a) Definition.--In this section, the term `situational
awareness' means information gathered from a variety of sources
that, when communicated to emergency managers and decision-
makers, can form the basis for incident management
decisionmaking.
``(b) Establishment.--The National Operations Center is the
principal operations center for the Department and shall--
``(1) provide situational awareness and a common
operating picture for the entire Federal Government,
and for State, local, and tribal governments as
appropriate, in the event of a natural disaster, act of
terrorism, or other man-made disaster; and
``(2) ensure that critical terrorism and disaster-
related information reaches government decision-makers.
``SEC. 516. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Department a Chief
Medical Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
``(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall
have the primary responsibility within the Department for
medical issues related to natural disasters, acts of terrorism,
and other man-made disasters, including--
``(1) serving as the principal advisor to the
Secretary and the Administrator on medical and public
health issues;
``(2) coordinating the biodefense activities of the
Department;
``(3) ensuring internal and external coordination
of all medical preparedness and response activities of
the Department, including training, exercises, and
equipment support;
``(4) serving as the Department's primary point of
contact with the Department of Agriculture, the
Department of Defense, the Department of Health and
Human Services, the Department of Transportation, the
Department of Veterans Affairs, and other Federal
departments or agencies, on medical and public health
issues;
``(5) serving as the Department's primary point of
contact for State, local, and tribal governments, the
medical community, and others within and outside the
Department, with respect to medical and public health
matters;
``(6) discharging, in coordination with the Under
Secretary for Science and Technology, the
responsibilities of the Department related to Project
Bioshield; and
``(7) performing such other duties relating to such
responsibilities as the Secretary may require.''.
SEC. 612. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Executive Schedule.--
(1) Administrator.--Section 5313 of title 5, United
States Code, is amended by adding at the end the
following:
``Administrator of the Federal Emergency Management
Agency.''.
(2) Deputy administrators.--Section 5314 of title
5, United States Code, is amended by adding at the end
the following:
``Deputy Administrators, Federal Emergency
Management Agency.''.
(3) Chief medical officer.--Section 5315 of title
5, United States Code, is amended by adding at the end
the following:
``Chief Medical Officer, Department of Homeland
Security.''.
(b) Officers of the Department.--Section 103(a) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by striking paragraph (5) and inserting the
following:
``(5) An Administrator of the Federal Emergency
Management Agency.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (10)
(as amended by this subsection) as paragraphs (2)
through (9), respectively.
(c) References.--Any reference to the Director of the
Federal Emergency Management Agency, in any law, rule,
regulation, certificate, directive, instruction, or other
official paper shall be considered to refer and apply to the
Administrator of the Federal Emergency Management Agency.
(d) Definition.--Section 2(6) of the Homeland Security Act
of 2002 (6 U.S.C. 101(6)) is amended by inserting ``fire,''
after ``safety,''.
(e) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by striking the items relating to title V and
sections 501 through 509 and inserting the following:
``TITLE V--NATIONAL EMERGENCY MANAGEMENT
``Sec. 501. Definitions.
``Sec. 502. Definition.
``Sec. 503. Federal Emergency Management Agency.
``Sec. 504. Authorities and responsibilities.
``Sec. 505. Functions transferred.
``Sec. 506. Preserving the Federal Emergency Management Agency.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council.
``Sec. 509. National Integration Center.
``Sec. 510. Credentialing and typing.
``Sec. 511. The National Infrastructure Simulation and Analysis Center.
``Sec. 512. Evacuation plans and exercises.
``Sec. 513. Disability Coordinator.
``Sec. 514. Department and Agency officials.
``Sec. 515. National Operations Center.
``Sec. 516. Chief Medical Officer.
``Sec. 517. Nuclear incident response.
``Sec. 518. Conduct of certain public health-related activities.
``Sec. 519. Use of national private sector networks in emergency
response.
``Sec. 520. Use of commercially available technology, goods, and
services.
``Sec. 521. Procurement of security countermeasures for strategic
national stockpile.''.
(f) Interim Actions.--
(1) In general.--During the period beginning on the
date of enactment of this Act and ending on March 31,
2007, the Secretary, the Under Secretary for
Preparedness, and the Director of the Federal Emergency
Management Agency shall take such actions as are
necessary to provide for the orderly implementation of
any amendment under this subtitle that takes effect on
March 31, 2007.
(2) References.--Any reference to the Administrator
of the Federal Emergency Management Agency in this
title or an amendment by this title shall be considered
to refer and apply to the Director of the Federal
Emergency Management Agency until March 31, 2007.
SEC. 613. NATIONAL WEATHER SERVICE.
Nothing in this title shall alter or otherwise affect the
authorities and activities of the National Weather Service to
protect life and property, including under the Act of October
1, 1890 (26 Stat. 653-55).
SEC. 614. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
on the date of enactment of this Act.
(b) Exceptions.--The following shall take effect on March
31, 2007:
(1) The amendments made by section 611(11).
(2) The amendments made by section 611(12).
(3) Sections 505, 507, 508, and 514 of the Homeland
Security Act of 2002, as amended by section 611(13) of
this Act.
(4) The amendments made by subsection (a).
(5) The amendments made by subsection (b)(1).
Subtitle B--Personnel Provisions
CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
SEC. 621. WORKFORCE DEVELOPMENT.
(a) In General.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
``Sec.
``10101. Definitions.
``10102. Strategic human capital plan.
``10103. Career paths.
``10104. Recruitment bonuses.
``10105. Retention bonuses.
``10106. Quarterly report on vacancy rate in employee positions.
``Sec. 10101. Definitions
``For purposes of this chapter--
``(1) the term `Agency' means the Federal Emergency
Management Agency;
``(2) the term `Administrator' means the
Administrator of the Federal Emergency Management
Agency;
``(3) the term `appropriate committees of Congress'
has the meaning given the term in section 602 of the
Post-Katrina Emergency Management Reform Act of 2006;
``(4) the term `Department' means the Department of
Homeland Security; and
``(5) the term `Surge Capacity Force' refers to the
Surge Capacity Force, described under section 624 of
the Post-Katrina Emergency Management Reform Act of
2006.
``Sec. 10102. Strategic human capital plan
``(a) Plan Development.--Not later than 6 months after the
date of enactment of this chapter, the Administrator shall
develop and submit to the appropriate committees of Congress a
strategic human capital plan to shape and improve the workforce
of the Agency.
``(b) Contents.--The strategic human capital plan shall
include--
``(1) a workforce gap analysis, including an
assessment of--
``(A) the critical skills and competencies
that will be needed in the workforce of the
Agency to support the mission and
responsibilities of, and effectively manage,
the Agency during the 10-year period beginning
on the date of enactment of this chapter;
``(B) the skills and competencies of the
workforce of the Agency on the day before the
date of enactment of this chapter and projected
trends in that workforce, based on expected
losses due to retirement and other attrition;
and
``(C) the staffing levels of each category
of employee, including gaps in the workforce of
the Agency on the day before the date of
enactment of this chapter and in the projected
workforce of the Agency that should be
addressed to ensure that the Agency has
continued access to the critical skills and
competencies described in subparagraph (A);
``(2) a plan of action for developing and reshaping
the workforce of the Agency to address the gaps in
critical skills and competencies identified under
paragraph (1)(C), including--
``(A) specific recruitment and retention
goals, including the use of the bonus
authorities under this chapter as well as other
bonus authorities (including the program
objective of the Agency to be achieved through
such goals);
``(B) specific strategies for developing,
training, deploying, compensating, and
motivating and retaining the Agency workforce
and its ability to fulfill the Agency's mission
and responsibilities (including the program
objectives of the Department and the Agency to
be achieved through such strategies);
``(C) specific strategies for recruiting
individuals who have served in multiple State
agencies with emergency management
responsibilities; and
``(D) specific strategies for the
development, training, and coordinated and
rapid deployment of the Surge Capacity Force;
and
``(3) a discussion that--
``(A) details the number of employees of
the Department not employed by the Agency
serving in the Surge Capacity Force and the
qualifications or credentials of such
individuals;
``(B) details the number of individuals not
employed by the Department serving in the Surge
Capacity Force and the qualifications or
credentials of such individuals;
``(C) describes the training given to the
Surge Capacity Force during the calendar year
preceding the year of submission of the plan
under subsection (c);
``(D) states whether the Surge Capacity
Force is able to adequately prepare for,
respond to, and recover from natural disasters,
acts of terrorism, and other man-made
disasters, including catastrophic incidents;
and
``(E) describes any additional authorities
or resources necessary to address any
deficiencies in the Surge Capacity Force.
``(c) Annual Updates.--Not later than May 1, 2007, and May
1st of each of the next 5 succeeding years, the Administrator
shall submit to the appropriate committees of Congress an
update of the strategic human capital plan, including an
assessment by the Administrator, using results-oriented
performance measures, of the progress of the Department and the
Agency in implementing the strategic human capital plan.
``Sec. 10103. Career paths
``(a) In General.--The Administrator shall--
``(1) ensure that appropriate career paths for
personnel of the Agency are identified, including the
education, training, experience, and assignments
necessary for career progression within the Agency; and
``(2) publish information on the career paths
described in paragraph (1).
``(b) Education, Training, and Experience.--The
Administrator shall ensure that all personnel of the Agency are
provided the opportunity to acquire the education, training,
and experience necessary to qualify for promotion within the
Agency, including, as appropriate, the opportunity to
participate in the Rotation Program established under section
844 of the Homeland Security Act of 2002.
``(c) Policy.--The Administrator shall establish a policy
for assigning Agency personnel to positions that provides for a
balance between--
``(1) the need for such personnel to serve in
career enhancing positions; and
``(2) the need to require service in a position for
a sufficient period of time to provide the stability
necessary--
``(A) to carry out the duties of that
position; and
``(B) for responsibility and accountability
for actions taken in that position.
``Sec. 10104. Recruitment bonuses
``(a) In General.--The Administrator may pay a bonus to an
individual in order to recruit the individual for a position
within the Agency that would otherwise be difficult to fill in
the absence of such a bonus. Upon completion of the strategic
human capital plan, such bonuses shall be paid in accordance
with that plan.
``(b) Bonus Amount.--
``(1) In general.--The amount of a bonus under this
section shall be determined by the Administrator, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved.
``(2) Form of payment.--A bonus under this section
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(c) Service Agreements.--Payment of a bonus under this
section shall be contingent upon the employee entering into a
written service agreement with the Agency. The agreement shall
include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of the termination.
``(d) Eligibility.--A bonus under this section may not be
paid to an individual who is appointed to or holds--
``(1) a position to which an individual is
appointed by the President, by and with the advice and
consent of the Senate;
``(2) a position in the Senior Executive Service as
a noncareer appointee (as defined in section 3132(a));
or
``(3) a position which has been excepted from the
competitive service by reason of its confidential,
policy-determining, policy-making, or policy-advocating
character.
``(e) Termination.--The authority to pay bonuses under this
section shall terminate 5 years after the date of enactment of
this chapter.
``(f) Reports.--
``(1) In general.--The Agency shall submit to the
appropriate committees of Congress, annually for each
of the 5 years during which this section is in effect,
a report on the operation of this section.
``(2) Contents.--Each report submitted under this
subsection shall include, with respect to the period
covered by such report, a description of how the
authority to pay bonuses under this section was used by
the Agency, including--
``(A) the number and dollar amount of
bonuses paid to individuals holding positions
within each pay grade, pay level, or other pay
classification; and
``(B) a determination of the extent to
which such bonuses furthered the purposes of
this section.
``Sec. 10105. Retention bonuses
``(a) Authority.--The Administrator may pay, on a case-by-
case basis, a bonus under this section to an employee of the
Agency if--
``(1) the unusually high or unique qualifications
of the employee or a special need of the Agency for the
employee's services makes it essential to retain the
employee; and
``(2) the Administrator determines that, in the
absence of such a bonus, the employee would be likely
to leave--
``(A) the Federal service; or
``(B) for a different position in the
Federal service.
``(b) Service Agreement.--Payment of a bonus under this
section is contingent upon the employee entering into a written
service agreement with the Agency to complete a period of
service with the Agency. Such agreement shall include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of the termination.
``(c) Bonus Amount.--
``(1) In general.--The amount of a bonus under this
section shall be determined by the Administrator, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved.
``(2) Form of payment.--A bonus under this section
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(d) Limitation.--A bonus under this section--
``(1) may not be based on any period of service
which is the basis for a recruitment bonus under
section 10104;
``(2) may not be paid to an individual who is
appointed to or holds--
``(A) a position to which an individual is
appointed by the President, by and with the
advice and consent of the Senate;
``(B) a position in the Senior Executive
Service as a noncareer appointee (as defined in
section 3132(a)); or
``(C) a position which has been excepted
from the competitive service by reason of its
confidential, policy-determining, policy-
making, or policy-advocating character; and
``(3) upon completion of the strategic human
capital plan, shall be paid in accordance with that
plan.
``(e) Termination of Authority.--The authority to grant
bonuses under this section shall expire 5 years after the date
of enactment of this chapter.
``(f) Reports.--
``(1) In general.--The Office of Personnel
Management shall submit to the appropriate committees
of Congress, annually for each of the first 5 years
during which this section is in effect, a report on the
operation of this section.
``(2) Contents.--Each report submitted under this
subsection shall include, with respect to the period
covered by such report, a description of how the
authority to pay bonuses under this section was used by
the Agency, including, with respect to each such
agency--
``(A) the number and dollar amount of
bonuses paid to individuals holding positions
within each pay grade, pay level, or other pay
classification; and
``(B) a determination of the extent to
which such bonuses furthered the purposes of
this section.
``Sec. 10106. Quarterly report on vacancy rate in employee positions
``(a) Initial Report.--
``(1) In general.--Not later than 3 months after
the date of enactment of this chapter, the
Administrator shall develop and submit to the
appropriate committees of Congress a report on the
vacancies in employee positions of the Agency.
``(2) Contents.--The report under this subsection
shall include--
``(A) vacancies of each category of
employee position;
``(B) the number of applicants for each
vacancy for which public notice has been given;
``(C) the length of time that each vacancy
has been pending;
``(D) hiring-cycle time for each vacancy
that has been filled; and
``(E) a plan for reducing the hiring-cycle
time and reducing the current and anticipated
vacancies with highly-qualified personnel.
``(b) Quarterly Updates.--Not later than 3 months after
submission of the initial report, and every 3 months thereafter
until 5 years after the date of enactment of this chapter, the
Administrator shall submit to the appropriate committees of
Congress an update of the report under subsection (a),
including an assessment by the Administrator of the progress of
the Agency in filling vacant employee positions of the
Agency.''.
(b) Technical and Conforming Amendment.--The analysis for
part III title 5, United States Code, is amended by inserting
after the item relating to chapter 99 the following:
``101 Federal Emergency Management Agency Personnel.............10101''.
SEC. 622. ESTABLISHMENT OF HOMELAND SECURITY ROTATION PROGRAM AT THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Establishment.--Title VIII of the Homeland Security Act
of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after
section 843 the following:
``SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than 180 days after
the date of enactment of this section, the Secretary
shall establish the Homeland Security Rotation Program
(in this section referred to as the `Rotation Program')
for employees of the Department. The Rotation Program
shall use applicable best practices, including those
from the Chief Human Capital Officers Council.
``(2) Goals.--The Rotation Program established by
the Secretary shall--
``(A) be established in accordance with the
Human Capital Strategic Plan of the Department;
``(B) provide middle and senior level
employees in the Department the opportunity to
broaden their knowledge through exposure to
other components of the Department;
``(C) expand the knowledge base of the
Department by providing for rotational
assignments of employees to other components;
``(D) build professional relationships and
contacts among the employees in the Department;
``(E) invigorate the workforce with
exciting and professionally rewarding
opportunities;
``(F) incorporate Department human capital
strategic plans and activities, and address
critical human capital deficiencies,
recruitment and retention efforts, and
succession planning within the Federal
workforce of the Department; and
``(G) complement and incorporate (but not
replace) rotational programs within the
Department in effect on the date of enactment
of this section.
``(3) Administration.--
``(A) In general.--The Chief Human Capital
Officer shall administer the Rotation Program.
``(B) Responsibilities.--The Chief Human
Capital Officer shall--
``(i) provide oversight of the
establishment and implementation of the
Rotation Program;
``(ii) establish a framework that
supports the goals of the Rotation
Program and promotes cross-disciplinary
rotational opportunities;
``(iii) establish eligibility for
employees to participate in the
Rotation Program and select
participants from employees who apply;
``(iv) establish incentives for
employees to participate in the
Rotation Program, including promotions
and employment preferences;
``(v) ensure that the Rotation
Program provides professional education
and training;
``(vi) ensure that the Rotation
Program develops qualified employees
and future leaders with broad-based
experience throughout the Department;
``(vii) provide for greater
interaction among employees in
components of the Department; and
``(viii) coordinate with rotational
programs within the Department in
effect on the date of enactment of this
section.
``(4) Allowances, privileges, and benefits.--All
allowances, privileges, rights, seniority, and other
benefits of employees participating in the Rotation
Program shall be preserved.
``(5) Reporting.--Not later than 180 days after the
date of the establishment of the Rotation Program, the
Secretary shall submit a report on the status of the
Rotation Program, including a description of the
Rotation Program, the number of employees
participating, and how the Rotation Program is used in
succession planning and leadership development to the
appropriate committees of Congress.''.
(b) Technical and Conforming Amendment.--Section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 843 the
following:
``Sec. 844. Homeland Security Rotation Program.''.
SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.
(a) Establishment.--Title VIII of the Homeland Security Act
of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after
section 844 (as added by section 622 of this Act) the
following:
``SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Administrator, shall establish a graduate-level Homeland
Security Education Program in the National Capital Region to
provide educational opportunities to senior Federal officials
and selected State and local officials with homeland security
and emergency management responsibilities. The Administrator
shall appoint an individual to administer the activities under
this section.
``(b) Leveraging of Existing Resources.--To maximize
efficiency and effectiveness in carrying out the Program, the
Administrator shall use existing Department-reviewed Master's
Degree curricula in homeland security, including curricula
pending accreditation, together with associated learning
materials, quality assessment tools, digital libraries,
exercise systems and other educational facilities, including
the National Domestic Preparedness Consortium, the National
Fire Academy, and the Emergency Management Institute. The
Administrator may develop additional educational programs, as
appropriate.
``(c) Student Enrollment.--
``(1) Sources.--The student body of the Program
shall include officials from Federal, State, local, and
tribal governments, and from other sources designated
by the Administrator.
``(2) Enrollment priorities and selection
criteria.--The Administrator shall establish policies
governing student enrollment priorities and selection
criteria that are consistent with the mission of the
Program.
``(3) Diversity.--The Administrator shall take
reasonable steps to ensure that the student body
represents racial, gender, and ethnic diversity.
``(d) Service Commitment.--
``(1) In general.--Before any employee selected for
the Program may be assigned to participate in the
program, the employee shall agree in writing--
``(A) to continue in the service of the
agency sponsoring the employee during the 2-
year period beginning on the date on which the
employee completes the program, unless the
employee is involuntarily separated from the
service of that agency for reasons other than a
reduction in force; and
``(B) to pay to the Government the amount
of the additional expenses incurred by the
Government in connection with the employee's
education if the employee is voluntarily
separated from the service to the agency before
the end of the period described in subparagraph
(A).
``(2) Payment of expenses.--
``(A) Exemption.--An employee who leaves
the service of the sponsoring agency to enter
into the service of another agency in any
branch of the Government shall not be required
to make a payment under paragraph (1)(B),
unless the head of the agency that sponsored
the education of the employee notifies that
employee before the date on which the employee
enters the service of the other agency that
payment is required under that paragraph.
``(B) Amount of payment.--If an employee is
required to make a payment under paragraph
(1)(B), the agency that sponsored the education
of the employee shall determine the amount of
the payment, except that such amount may not
exceed the pro rata share of the expenses
incurred for the time remaining in the 2-year
period.
``(3) Recovery of payment.--If an employee who is
required to make a payment under this subsection does
not make the payment, a sum equal to the amount of the
expenses incurred by the Government for the education
of that employee is recoverable by the Government from
the employee or his estate by--
``(A) setoff against accrued pay,
compensation, amount of retirement credit, or
other amount due the employee from the
Government; or
``(B) such other method as is provided by
lay for the recovery of amounts owing to the
Government.''.
(b) Technical and Conforming Amendment.--Section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. et seq.), as
amended by section 622, is amended by inserting after the item
relating to section 844 the following:
``Sec. 845. Homeland Security Education Program.''.
SEC. 624. SURGE CAPACITY FORCE.
(a) Establishment.--
(1) In general.--Not later than 6 months after the
date of enactment of this Act, the Administrator shall
prepare and submit to the appropriate committees of
Congress a plan to establish and implement a Surge
Capacity Force for deployment of individuals to respond
to natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents.
(2) Authority.--
(A) In general.--Except as provided in
subparagraph (B), the plan shall provide for
individuals in the Surge Capacity Force to be
trained and deployed under the authorities set
forth in the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.
(B) Exception.--If the Administrator
determines that the existing authorities are
inadequate for the training and deployment of
individuals in the Surge Capacity Force, the
Administrator shall report to Congress as to
the additional statutory authorities that the
Administrator determines necessary.
(b) Employees Designated To Serve.--The plan shall include
procedures under which the Secretary shall designate employees
of the Department who are not employees of the Agency and
shall, in conjunction with the heads of other Executive
agencies, designate employees of those other Executive
agencies, as appropriate, to serve on the Surge Capacity Force.
(c) Capabilities.--The plan shall ensure that the Surge
Capacity Force--
(1) includes a sufficient number of individuals
credentialed in accordance with section 510 of the
Homeland Security Act of 2002, as amended by this Act,
that are capable of deploying rapidly and efficiently
after activation to prepare for, respond to, and
recover from natural disasters, acts of terrorism, and
other man-made disasters, including catastrophic
incidents; and
(2) includes a sufficient number of full-time,
highly trained individuals credentialed in accordance
with section 510 of the Homeland Security Act of 2002,
as amended by this Act, to lead and manage the Surge
Capacity Force.
(d) Training.--The plan shall ensure that the Administrator
provides appropriate and continuous training to members of the
Surge Capacity Force to ensure such personnel are adequately
trained on the Agency's programs and policies for natural
disasters, acts of terrorism, and other man-made disasters.
(e) No Impact on Agency Personnel Ceiling.--Surge Capacity
Force members shall not be counted against any personnel
ceiling applicable to the Federal Emergency Management Agency.
(f) Expenses.--The Administrator may provide members of the
Surge Capacity Force with travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, for the purpose of participating in any training
that relates to service as a member of the Surge Capacity
Force.
(g) Immediate Implementation of Surge Capacity Force
Involving Federal Employees.--As soon as practicable after the
date of enactment of this Act, the Administrator shall develop
and implement--
(1) the procedures under subsection (b); and
(2) other elements of the plan needed to establish
the portion of the Surge Capacity Force consisting of
individuals designated under those procedures.
CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES
SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.
Section 613 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196b) is amended--
(1) in subsection (b)(3) by inserting ``including a
catastrophic incident annex,'' after ``plans,''; and
(2) by redesignating subsections (c) through (g)
and subsections (d) through (h), respectively; and
(3) by inserting after subsection (b) the
following:
``(c) Catastrophic Incident Annex.--
``(1) Consistency.--A catastrophic incident annex
submitted under subsection (b)(3) shall be--
``(A) modeled after the catastrophic
incident annex of the National Response Plan;
and
``(B) consistent with the national
preparedness goal established under section 643
of the Post-Katrina Emergency Management Reform
Act of 2006, the National Incident Management
System, the National Response Plan, and other
related plans and strategies.
``(2) Consultation.--In developing a catastrophic
incident annex submitted under subsection (b)(3), a
State shall consult with and seek appropriate comments
from local governments, emergency response providers,
locally governed multijurisdictional councils of
government, and regional planning commissions.''.
SEC. 632. EVACUATION PREPAREDNESS TECHNICAL ASSISTANCE.
The Administrator, in coordination with the heads of other
appropriate Federal agencies, shall provide evacuation
preparedness technical assistance to State, local, and tribal
governments, including the preparation of hurricane evacuation
studies and technical assistance in developing evacuation
plans, assessing storm surge estimates, evacuation zones,
evacuation clearance times, transportation capacity, and
shelter capacity.
SEC. 633. EMERGENCY RESPONSE TEAMS.
Section 303 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5144) is amended--
(1) by striking ``SEC. 303.'' and all that follows
through ``The President shall'' and inserting the
following:
``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.
``(a) Emergency Support Teams.--The President shall''; and
(2) by adding at the end the following:
``(b) Emergency Response Teams.--
``(1) Establishment.--In carrying out subsection
(a), the President, acting through the Director of the
Federal Emergency Management Agency, shall establish--
``(A) at a minimum 3 national response
teams; and
``(B) sufficient regional response teams,
including Regional Office strike teams under
section 507 of the Homeland Security Act of
2002; and
``(C) other response teams as may be
necessary to meet the incident management
responsibilities of the Federal Government.
``(2) Target capability level.--The Director shall
ensure that specific target capability levels, as
defined pursuant to the guidelines established under
section 646(a) of the Post-Katrina Emergency Management
Reform Act of 2006, are established for Federal
emergency response teams.
``(3) Personnel.--The President, acting through the
Director, shall ensure that the Federal emergency
response teams consist of adequate numbers of properly
planned, organized, equipped, trained, and exercised
personnel to achieve the established target capability
levels. Each emergency response team shall work in
coordination with State and local officials and onsite
personnel associated with a particular incident.
``(4) Readiness reporting.--The Director shall
evaluate team readiness on a regular basis and report
team readiness levels in the report required under
section 652(a) of the Post-Katrina Emergency Management
Reform Act of 2006.''.
SEC. 634. URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--There is in the Agency a system known as
the Urban Search and Rescue Response System.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the system for fiscal year
2008, an amount equal to the amount appropriated for the system
for fiscal year 2007 and an additional $20,000,000.
SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM.
(a) In General.--There is a Metropolitan Medical Response
Program.
(b) Purposes.--The program shall include each purpose of
the program as it existed on June 1, 2006.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program for fiscal year
2008, an amount equal to the amount appropriated for the
program for fiscal year 2007 and an additional $30,000,000.
SEC. 636. LOGISTICS.
The Administrator shall develop an efficient, transparent,
and flexible logistics system for procurement and delivery of
goods and services necessary for an effective and timely
response to natural disasters, acts of terrorism, and other
man-made disasters and for real-time visibility of items at
each point throughout the logistics system.
SEC. 637. PREPOSITIONED EQUIPMENT PROGRAM.
(a) In General.--The Administrator shall establish a
prepositioned equipment program to preposition standardized
emergency equipment in at least 11 locations to sustain and
replenish critical assets used by State, local, and tribal
governments in response to (or rendered inoperable by the
effects of) natural disasters, acts of terrorism, and other
man-made disasters.
(b) Notice.--The Administrator shall notify State, local,
and tribal officials in an area in which a location for the
prepositioned equipment program will be closed not later than
60 days before the date of such closure.
SEC. 638. HURRICANE KATRINA AND HURRICANE RITA RECOVERY OFFICES.
(a) Establishment.--In order to provide all eligible
Federal assistance to individuals and State, local, and tribal
governments affected by Hurricane Katrina or Hurricane Rita in
a customer-focused, expeditious, effective, and consistent
manner, the Administrator shall establish, in coordination with
the appropriate States, a recovery office. The Administrator
may establish recovery offices for each of the following
States, if necessary:
(1) Mississippi.
(2) Louisiana.
(3) Alabama.
(4) Texas.
(b) Structure.--Each recovery office shall have an
executive director, appointed by the Administrator, and a
senior management team.
(c) Responsibilities.--Each executive director, in
coordination with State, local, and tribal governments, private
sector entities, and nongovernmental organizations, including
faith-based and other community humanitarian relief entities,
shall provide assistance in a timely and effective manner to
residents of the Gulf Coast region for recovering from
Hurricane Katrina or Hurricane Rita.
(d) Staffing.--
(1) In general.--Each recovery office shall be
staffed by multi-year term, temporary employees and
permanent employees.
(2) Staffing levels.--Staffing levels of a recovery
office shall be commensurate with current and projected
workload and shall be evaluated on a regular basis.
(e) Performance Measures.--To ensure that each recovery
office is meeting its objectives, the Administrator shall
identify performance measures that are specific, measurable,
achievable, relevant, and timed, including--
(1) public assistance program project worksheet
completion rates; and
(2) public assistance reimbursement times.
(f) Closeout Incentives.--The Administrator shall provide
incentives for the timely closeout of public assistance
projects under sections 406 and 407 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172
and 5173).
(g) Termination.--Each recovery office shall terminate at
the discretion of the Administrator.
SEC. 639. BASIC LIFE SUPPORTING FIRST AID AND EDUCATION.
The Administrator shall enter into agreements with
organizations to provide funds to emergency response providers
to provide education and training in life supporting first aid
to children.
SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.
(a) Measures to Improve Information Technology Systems.--
The Administrator, in coordination with the Chief Information
Officer of the Department, shall take appropriate measures to
update and improve the information technology systems of the
Agency, including measures to--
(1) ensure that the multiple information technology
systems of the Agency (including the National Emergency
Management Information System, the Logistics
Information Management System III, and the Automated
Deployment Database) are, to the extent practicable,
fully compatible and can share and access information,
as appropriate, from each other;
(2) ensure technology enhancements reach the
headquarters and regional offices of the Agency in a
timely fashion, to allow seamless integration;
(3) develop and maintain a testing environment that
ensures that all system components are properly and
thoroughly tested before their release;
(4) ensure that the information technology systems
of the Agency have the capacity to track disaster
response personnel, mission assignments task orders,
commodities, and supplies used in response to a natural
disaster, act of terrorism, or other man-made disaster;
(5) make appropriate improvements to the National
Emergency Management Information System to address
shortcomings in such system on the date of enactment of
this Act; and
(6) provide training, manuals, and guidance on
information technology systems to personnel, including
disaster response personnel, to help ensure employees
can properly use information technology systems.
(b) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing the
implementation of this section, including a description of any
actions taken, improvements made, and remaining problems and a
description of any additional funding needed to make necessary
and appropriate improvements to the information technology
systems of the Agency.
SEC. 640A. DISCLOSURE OF CERTAIN INFORMATION TO LAW ENFORCEMENT
AGENCIES.
In the event of circumstances requiring an evacuation,
sheltering, or mass relocation, the Administrator may disclose
information in any individual assistance database of the Agency
in accordance with section 552a(b) of title 5, United States
Code (commonly referred to as the ``Privacy Act''), to any law
enforcement agency of the Federal Government or a State, local,
or tribal government in order to identify illegal conduct or
address public safety or security issues, including compliance
with sex offender notification laws.
Subtitle C--Comprehensive Preparedness System
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
SEC. 641. DEFINITIONS.
In this chapter:
(1) Capability.--The term ``capability'' means the
ability to provide the means to accomplish one or more
tasks under specific conditions and to specific
performance standards. A capability may be achieved
with any combination of properly planned, organized,
equipped, trained, and exercised personnel that
achieves the intended outcome.
(2) Hazard.--The term ``hazard'' has the meaning
given that term under section 602(a)(1) of the Robert
T. Stafford Disaster Relief and Assistance Act (42
U.S.C. 5195a).
(3) Mission assignment.--The term ``mission
assignment'' means a work order issued to a Federal
agency by the Agency, directing completion by that
agency of a specified task and setting forth funding,
other managerial controls, and guidance.
(4) National preparedness goal.--The term
``national preparedness goal'' means the national
preparedness goal established under section 643.
(5) National preparedness system.--The term
``national preparedness system'' means the national
preparedness system established under section 644.
(6) National training program.--The term ``national
training program'' means the national training program
established under section 648(a).
(7) Operational readiness.--The term ``operational
readiness'' means the capability of an organization, an
asset, a system, or equipment to perform the missions
or functions for which it is organized or designed.
(8) Performance measure.--The term ``performance
measure'' means a quantitative or qualitative
characteristic used to gauge the results of an outcome
compared to its intended purpose.
(9) Performance metric.--The term ``performance
metric'' means a particular value or characteristic
used to measure the outcome that is generally expressed
in terms of a baseline and a target.
(10) Prevention.--The term ``prevention'' means any
activity undertaken to avoid, prevent, or stop a
threatened or actual act of terrorism.
SEC. 642. NATIONAL PREPAREDNESS.
In order to prepare the Nation for all hazards, including
natural disasters, acts of terrorism, and other man-made
disasters, the President, consistent with the declaration of
policy under section 601 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5195) and title
V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.),
as amended by this Act, shall develop a national preparedness
goal and a national preparedness system.
SEC. 643. NATIONAL PREPAREDNESS GOAL.
(a) Establishment.--The President, acting through the
Administrator, shall complete, revise, and update, as
necessary, a national preparedness goal that defines the target
level of preparedness to ensure the Nation's ability to
prevent, respond to, recover from, and mitigate against natural
disasters, acts of terrorism, and other man-made disasters.
(b) National Incident Management System and National
Response Plan.--The national preparedness goal, to the greatest
extent practicable, shall be consistent with the National
Incident Management System and the National Response Plan.
SEC. 644. ESTABLISHMENT OF NATIONAL PREPAREDNESS SYSTEM.
(a) Establishment.--The President, acting through the
Administrator, shall develop a national preparedness system to
enable the Nation to meet the national preparedness goal.
(b) Components.--The national preparedness system shall
include the following components:
(1) Target capabilities and preparedness
priorities.
(2) Equipment and training standards.
(3) Training and exercises.
(4) Comprehensive assessment system.
(5) Remedial action management program.
(6) Federal response capability inventory.
(7) Reporting requirements.
(8) Federal preparedness.
(c) National Planning Scenarios.--The national preparedness
system may include national planning scenarios.
SEC. 645. NATIONAL PLANNING SCENARIOS.
(a) In General.--The Administrator, in coordination with
the heads of appropriate Federal agencies and the National
Advisory Council, may develop planning scenarios to reflect the
relative risk requirements presented by all hazards, including
natural disasters, acts of terrorism, and other man-made
disasters, in order to provide the foundation for the flexible
and adaptive development of target capabilities and the
identification of target capability levels to meet the national
preparedness goal.
(b) Development.--In developing, revising, and replacing
national planning scenarios, the Administrator shall ensure
that the scenarios--
(1) reflect the relative risk of all hazards and
illustrate the potential scope, magnitude, and
complexity of a broad range of representative hazards;
and
(2) provide the minimum number of representative
scenarios necessary to identify and define the tasks
and target capabilities required to respond to all
hazards.
SEC. 646. TARGET CAPABILITIES AND PREPAREDNESS PRIORITIES.
(a) Establishment of Guidelines on Target Capabilities.--
Not later than 180 days after the date of enactment of this
Act, the Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall complete,
revise, and update, as necessary, guidelines to define risk-
based target capabilities for Federal, State, local, and tribal
government preparedness that will enable the Nation to prevent,
respond to, recover from, and mitigate against all hazards,
including natural disasters, acts of terrorism, and other man-
made disasters.
(b) Distribution of Guidelines.--The Administrator shall
ensure that the guidelines are provided promptly to the
appropriate committees of Congress and the States.
(c) Objectives.--The Administrator shall ensure that the
guidelines are specific, flexible, and measurable.
(d) Terrorism Risk Assessment.--With respect to analyzing
and assessing the risk of acts of terrorism, the Administrator
shall consider--
(1) the variables of threat, vulnerability, and
consequences related to population (including transient
commuting and tourist populations), areas of high
population density, critical infrastructure, coastline,
and international borders; and
(2) the most current risk assessment available from
the Chief Intelligence Officer of the Department of the
threats of terrorism against the United States.
(e) Preparedness Priorities.--In establishing the
guidelines under subsection (a), the Administrator shall
establish preparedness priorities that appropriately balance
the risk of all hazards, including natural disasters, acts of
terrorism, and other man-made disasters, with the resources
required to prevent, respond to, recover from, and mitigate
against the hazards.
(f) Mutual Aid Agreements.--The Administrator may provide
support for the development of mutual aid agreements within
States.
SEC. 647. EQUIPMENT AND TRAINING STANDARDS.
(a) Equipment Standards.--
(1) In general.--The Administrator, in coordination
with the heads of appropriate Federal agencies and the
National Advisory Council, shall support the
development, promulgation, and updating, as necessary,
of national voluntary consensus standards for the
performance, use, and validation of equipment used by
Federal, State, local, and tribal governments and
nongovernmental emergency response providers.
(2) Requirements.--The national voluntary consensus
standards shall--
(A) be designed to achieve equipment and
other capabilities consistent with the national
preparedness goal, including the safety and
health of emergency response providers;
(B) to the maximum extent practicable, be
consistent with existing national voluntary
consensus standards;
(C) take into account, as appropriate,
threats that may not have been contemplated
when the existing standards were developed; and
(D) focus on maximizing operability,
interoperability, interchangeability,
durability, flexibility, efficiency, efficacy,
portability, sustainability, and safety.
(b) Training Standards.--The Administrator shall--
(1) support the development, promulgation, and
regular updating, as necessary, of national voluntary
consensus standards for training; and
(2) ensure that the training provided under the
national training program is consistent with the
standards.
(c) Consultation With Standards Organizations.--In carrying
out this section, the Administrator shall consult with
representatives of relevant public and private sector national
voluntary consensus standards development organizations.
SEC. 648. TRAINING AND EXERCISES.
(a) National Training Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national training program to implement the
national preparedness goal, National Incident
Management System, National Response Plan, and other
related plans and strategies.
(2) Training partners.--In developing and
implementing the national training program, the
Administrator shall--
(A) work with government training
facilities, academic institutions, private
organizations, and other entities that provide
specialized, state-of-the-art training for
emergency managers or emergency response
providers; and
(B) utilize, as appropriate, training
courses provided by community colleges, State
and local public safety academies, State and
private universities, and other facilities.
(b) National Exercise Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national exercise program to test and
evaluate the national preparedness goal, National
Incident Management System, National Response Plan, and
other related plans and strategies.
(2) Requirements.--The national exercise program--
(A) shall be--
(i) as realistic as practicable,
based on current risk assessments,
including credible threats,
vulnerabilities, and consequences, and
designed to stress the national
preparedness system;
(ii) designed, as practicable, to
simulate the partial or complete
incapacitation of a State, local, or
tribal government;
(iii) carried out, as appropriate,
with a minimum degree of notice to
involved parties regarding the timing
and details of such exercises,
consistent with safety considerations;
(iv) designed to provide for
systematic evaluation of readiness; and
(v) designed to address the unique
requirements of populations with
special needs; and
(B) shall provide assistance to State,
local, and tribal governments with the design,
implementation, and evaluation of exercises
that--
(i) conform to the requirements
under subparagraph (A);
(ii) are consistent with any
applicable State, local, or tribal
strategy or plan; and
(iii) provide for systematic
evaluation of readiness.
(3) National level exercises.--The Administrator
shall periodically, but not less than biennially,
perform national exercises for the following purposes:
(A) To test and evaluate the capability of
Federal, State, local, and tribal governments
to detect, disrupt, and prevent threatened or
actual catastrophic acts of terrorism,
especially those involving weapons of mass
destruction.
(B) To test and evaluate the readiness of
Federal, State, local, and tribal governments
to respond and recover in a coordinated and
unified manner to catastrophic incidents.
SEC. 649. COMPREHENSIVE ASSESSMENT SYSTEM.
(a) Establishment.--The Administrator, in coordination with
the National Council on Disability and the National Advisory
Council, shall establish a comprehensive system to assess, on
an ongoing basis, the Nation's prevention capabilities and
overall preparedness, including operational readiness.
(b) Performance Metrics and Measures.--The Administrator
shall ensure that each component of the national preparedness
system, National Incident Management System, National Response
Plan, and other related plans and strategies, and the reports
required under section 652 is developed, revised, and updated
with clear and quantifiable performance metrics, measures, and
outcomes.
(c) Contents.--The assessment system established under
subsection (a) shall assess--
(1) compliance with the national preparedness
system, National Incident Management System, National
Response Plan, and other related plans and strategies;
(2) capability levels at the time of assessment
against target capability levels defined pursuant to
the guidelines established under section 646(a);
(3) resource needs to meet the desired target
capability levels defined pursuant to the guidelines
established under section 646(a); and
(4) performance of training, exercises, and
operations.
SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
The Administrator, in coordination with the National
Council on Disability and the National Advisory Council, shall
establish a remedial action management program to--
(1) analyze training, exercises, and real-world
events to identify and disseminate lessons learned and
best practices;
(2) generate and disseminate, as appropriate, after
action reports to participants in exercises and real-
world events; and
(3) conduct remedial action tracking and long-term
trend analysis.
SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.
(a) In General.--In accordance with section 611(h)(1)(C) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196(h)(1)(C), the Administrator shall
accelerate the completion of the inventory of Federal response
capabilities.
(b) Contents.--The inventory shall include--
(1) for each capability--
(A) the performance parameters of the
capability;
(B) the timeframe within which the
capability can be brought to bear on an
incident; and
(C) the readiness of the capability to
respond to all hazards, including natural
disasters, acts of terrorism, and other man-
made disasters; and
(2) emergency communications assets maintained by
the Federal Government and, if appropriate, State,
local, and tribal governments and the private sector.
(c) Department of Defense.--The Administrator, in
coordination with the Secretary of Defense, shall develop a
list of organizations and functions within the Department of
Defense that may be used, pursuant to the authority provided
under the National Response Plan and sections 402, 403, and 502
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide
support to civil authorities during natural disasters, acts of
terrorism, and other man-made disasters.
(d) Database.--The Administrator shall establish an
inventory database to allow--
(1) real-time exchange of information regarding
capabilities, readiness, or the compatibility of
equipment;
(2) easy identification and rapid deployment during
an incident; and
(3) the sharing of inventories with other Federal
agencies, as appropriate.
SEC. 652. REPORTING REQUIREMENTS.
(a) Federal Preparedness Report.--
(1) In general.--Not later than 12 months after the
date of enactment of this Act, and annually thereafter,
the Administrator, in coordination with the heads of
appropriate Federal agencies, shall submit to the
appropriate committees of Congress a report on the
Nation's level of preparedness for all hazards,
including natural disasters, acts of terrorism, and
other man-made disasters.
(2) Contents.--Each report shall include--
(A) an assessment of how Federal assistance
supports the national preparedness system;
(B) the results of the comprehensive
assessment carried out under section 649;
(C) a review of the inventory described in
section 651(a); and
(D) an assessment of resource needs to meet
preparedness priorities established under
section 646(e), including--
(i) an estimate of the amount of
Federal, State, local, and tribal
expenditures required to attain the
preparedness priorities; and
(ii) the extent to which the use of
Federal assistance during the preceding
fiscal year achieved the preparedness
priorities.
(b) Catastrophic Resource Report.--
(1) In general.--The Administrator shall develop
and submit to the appropriate committees of Congress
annually an estimate of the resources of the Agency and
other Federal agencies needed for and devoted
specifically to developing the capabilities of Federal,
State, local, and tribal governments necessary to
respond to a catastrophic incident.
(2) Contents.--Each estimate under paragraph (1)
shall include the resources both necessary for and
devoted to--
(A) planning;
(B) training and exercises;
(C) Regional Office enhancements;
(D) staffing, including for surge capacity
during a catastrophic incident;
(E) additional logistics capabilities;
(F) other responsibilities under the
catastrophic incident annex and the
catastrophic incident supplement of the
National Response Plan;
(G) State, local, and tribal government
catastrophic incident preparedness; and
(H) covering increases in the fixed costs
or expenses of the Agency, including rent or
property acquisition costs or expenses, taxes,
contributions to the working capital fund of
the Department, and security costs for the year
after the year in which such estimate is
submitted.
(c) State Preparedness Report.--
(1) In general.--Not later than 15 months after the
date of enactment of this Act, and annually thereafter,
a State receiving Federal preparedness assistance
administered by the Department shall submit a report to
the Administrator on the State's level of preparedness.
(2) Contents.--Each report shall include--
(A) an assessment of State compliance with
the national preparedness system, National
Incident Management System, National Response
Plan, and other related plans and strategies;
(B) an assessment of current capability
levels and a description of target capability
levels; and
(C) an assessment of resource needs to meet
the preparedness priorities established under
section 646(e), including--
(i) an estimate of the amount of
expenditures required to attain the
preparedness priorities; and
(ii) the extent to which the use of
Federal assistance during the preceding
fiscal year achieved the preparedness
priorities.
SEC. 653. FEDERAL PREPAREDNESS.
(a) Agency Responsibility.--In support of the national
preparedness system, the President shall ensure that each
Federal agency with coordinating, primary, or supporting
responsibilities under the National Response Plan--
(1) has the operational capability to meet the
national preparedness goal, including--
(A) the personnel to make and communicate
decisions;
(B) organizational structures that are
assigned, trained, and exercised for the
missions of the agency;
(C) sufficient physical resources; and
(D) the command, control, and communication
channels to make, monitor, and communicate
decisions;
(2) complies with the National Incident Management
System;
(3) develops, trains, and exercises rosters of
response personnel to be deployed when the agency is
called upon to support a Federal response; and
(4) develops deliberate operational plans and the
corresponding capabilities, including crisis planning,
to respond effectively to natural disasters, acts of
terrorism, and other man-made disasters in support of
the National Response Plan to ensure a coordinated
Federal response.
(b) Operational Plans.--An operations plan developed under
subsection (a)(4) shall meet the following requirements:
(1) The operations plan shall be coordinated under
a unified system with a common terminology, approach,
and framework.
(2) The operations plan shall be developed, in
coordination with State, local, and tribal government
officials, to address both regional and national risks.
(3) The operations plan shall contain, as
appropriate, the following elements:
(A) Concepts of operations.
(B) Critical tasks and responsibilities.
(C) Detailed resource and personnel
requirements, together with sourcing
requirements.
(D) Specific provisions for the rapid
integration of the resources and personnel of
the agency into the overall response.
(4) The operations plan shall address, as
appropriate, the following matters:
(A) Support of State, local, and tribal
governments in conducting mass evacuations,
including--
(i) transportation and relocation;
(ii) short- and long-term
sheltering and accommodation;
(iii) provisions for populations
with special needs, keeping families
together, and expeditious location of
missing children; and
(iv) policies and provisions for
pets.
(B) The preparedness and deployment of
public health and medical resources, including
resources to address the needs of evacuees and
populations with special needs.
(C) The coordination of interagency search
and rescue operations, including land, water,
and airborne search and rescue operations.
(D) The roles and responsibilities of the
Senior Federal Law Enforcement Official with
respect to other law enforcement entities.
(E) The protection of critical
infrastructure.
(F) The coordination of maritime salvage
efforts among relevant agencies.
(G) The coordination of Department of
Defense and National Guard support of civilian
authorities.
(H) To the extent practicable, the
utilization of Department of Defense, National
Air and Space Administration, National Oceanic
and Atmospheric Administration, and commercial
aircraft and satellite remotely sensed imagery.
(I) The coordination and integration of
support from the private sector and
nongovernmental organizations.
(J) The safe disposal of debris, including
hazardous materials, and, when practicable, the
recycling of debris.
(K) The identification of the required
surge capacity.
(L) Specific provisions for the recovery of
affected geographic areas.
(c) Mission Assignments.--To expedite the provision of
assistance under the National Response Plan, the President
shall ensure that the Administrator, in coordination with
Federal agencies with responsibilities under the National
Response Plan, develops prescripted mission assignments,
including logistics, communications, mass care, health
services, and public safety.
(d) Certification.--The President shall certify on an
annual basis that each Federal agency with coordinating,
primary, or supporting responsibilities under the National
Response Plan complies with subsections (a) and (b).
(e) Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of Defense
with regard to--
(1) the command, control, training, planning,
equipment, exercises, or employment of Department of
Defense forces; or
(2) the allocation of Department of Defense
resources.
SEC. 654. USE OF EXISTING RESOURCES.
In establishing the national preparedness goal and national
preparedness system, the Administrator shall use existing
preparedness documents, planning tools, and guidelines to the
extent practicable and consistent with this Act.
CHAPTER 2--ADDITIONAL PREPAREDNESS
SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
(a) In General.--The Administrator may make grants to
administer the Emergency Management Assistance Compact
consented to by the Joint Resolution entitled ``Joint
Resolution granting the consent of Congress to the Emergency
Management Assistance Compact'' (Public Law 104-321; 110 Stat.
3877).
(b) Uses.--A grant under this section shall be used--
(1) to carry out recommendations identified in the
Emergency Management Assistance Compact after-action
reports for the 2004 and 2005 hurricane season;
(2) to administer compact operations on behalf of
all member States and territories;
(3) to continue coordination with the Agency and
appropriate Federal agencies;
(4) to continue coordination with State, local, and
tribal government entities and their respective
national organizations; and
(5) to assist State and local governments,
emergency response providers, and organizations
representing such providers with credentialing
emergency response providers and the typing of
emergency response resources.
(c) Coordination.--The Administrator shall consult with
the Administrator of the Emergency Management Assistance
Compact to ensure effective coordination of efforts in
responding to requests for assistance.
(d) Authorization.--There is authorized to be appropriated
to carry out this section $4,000,000 for fiscal year 2008. Such
sums shall remain available until expended.
SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.
There is authorized to be appropriated for the Emergency
Management Performance Grants Program for fiscal year 2008, an
amount equal to the amount appropriated for the program for
fiscal year 2007 and an additional $175,000,000.
SEC. 663. TRANSFER OF NOBLE TRAINING CENTER.
The Noble Training Center is transferred to the Center for
Domestic Preparedness. The Center for Domestic Preparedness
shall integrate the Noble Training Center into the program
structure of the Center for Domestic Preparedness.
SEC. 664. NATIONAL EXERCISE SIMULATION CENTER.
The President shall establish a national exercise
simulation center that--
(1) uses a mix of live, virtual, and constructive
simulations to--
(A) prepare elected officials, emergency
managers, emergency response providers, and
emergency support providers at all levels of
government to operate cohesively;
(B) provide a learning environment for the
homeland security personnel of all Federal
agencies;
(C) assist in the development of
operational procedures and exercises,
particularly those based on catastrophic
incidents; and
(D) allow incident commanders to exercise
decisionmaking in a simulated environment; and
(2) uses modeling and simulation for training,
exercises, and command and control functions at the
operational level.
Subtitle D--Emergency Communications
SEC. 671. EMERGENCY COMMUNICATIONS.
(a) Short Title.--This section may be cited as the ``21st
Century Emergency Communications Act of 2006''.
(b) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following new title:
``TITLE XVIII--EMERGENCY COMMUNICATIONS
``SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.
``(a) In General.--There is established in the Department
an Office of Emergency Communications.
``(b) Director.--The head of the office shall be the
Director for Emergency Communications. The Director shall
report to the Assistant Secretary for Cybersecurity and
Communications.
``(c) Responsibilities.--The Director for Emergency
Communications shall--
``(1) assist the Secretary in developing and
implementing the program described in section
7303(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as
provided in section 314;
``(2) administer the Department's responsibilities
and authorities relating to the SAFECOM Program,
excluding elements related to research, development,
testing, and evaluation and standards;
``(3) administer the Department's responsibilities
and authorities relating to the Integrated Wireless
Network program;
``(4) conduct extensive, nationwide outreach to
support and promote the ability of emergency response
providers and relevant government officials to continue
to communicate in the event of natural disasters, acts
of terrorism, and other man-made disasters;
``(5) conduct extensive, nationwide outreach and
foster the development of interoperable emergency
communications capabilities by State, regional, local,
and tribal governments and public safety agencies, and
by regional consortia thereof;
``(6) provide technical assistance to State,
regional, local, and tribal government officials with
respect to use of interoperable emergency
communications capabilities;
``(7) coordinate with the Regional Administrators
regarding the activities of Regional Emergency
Communications Coordination Working Groups under
section 1805;
``(8) promote the development of standard operating
procedures and best practices with respect to use of
interoperable emergency communications capabilities for
incident response, and facilitate the sharing of
information on such best practices for achieving,
maintaining, and enhancing interoperable emergency
communications capabilities for such response;
``(9) coordinate, in cooperation with the National
Communications System, the establishment of a national
response capability with initial and ongoing planning,
implementation, and training for the deployment of
communications equipment for relevant State, local, and
tribal governments and emergency response providers in
the event of a catastrophic loss of local and regional
emergency communications services;
``(10) assist the President, the National Security
Council, the Homeland Security Council, and the
Director of the Office of Management and Budget in
ensuring the continued operation of the
telecommunications functions and responsibilities of
the Federal Government, excluding spectrum management;
``(11) establish, in coordination with the Director
of the Office for Interoperability and Compatibility,
requirements for interoperable emergency communications
capabilities, which shall be nonproprietary where
standards for such capabilities exist, for all public
safety radio and data communications systems and
equipment purchased using homeland security assistance
administered by the Department, excluding any alert and
warning device, technology, or system;
``(12) review, in consultation with the Assistant
Secretary for Grants and Training, all interoperable
emergency communications plans of Federal, State,
local, and tribal governments, including Statewide and
tactical interoperability plans, developed pursuant to
homeland security assistance administered by the
Department, but excluding spectrum allocation and
management related to such plans;
``(13) develop and update periodically, as
appropriate, a National Emergency Communications Plan
under section 1802;
``(14) perform such other duties of the Department
necessary to support and promote the ability of
emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters; and
``(15) perform other duties of the Department
necessary to achieve the goal of and maintain and
enhance interoperable emergency communications
capabilities.
``(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the
Director for Emergency Communications the following programs
and responsibilities:
``(1) The SAFECOM Program, excluding elements
related to research, development, testing, and
evaluation and standards.
``(2) The responsibilities of the Chief Information
Officer related to the implementation of the Integrated
Wireless Network.
``(3) The Interoperable Communications Technical
Assistance Program.
``(e) Coordination.--The Director for Emergency
Communications shall coordinate--
``(1) as appropriate, with the Director of the
Office for Interoperability and Compatibility with
respect to the responsibilities described in section
314; and
``(2) with the Administrator of the Federal
Emergency Management Agency with respect to the
responsibilities described in this title.
``(f) Sufficiency of Resources Plan.--
``(1) Report.--Not later than 120 days after the
date of enactment of this section, the Secretary shall
submit to Congress a report on the resources and staff
necessary to carry out fully the responsibilities under
this title.
``(2) Comptroller general review.--The Comptroller
General shall review the validity of the report
submitted by the Secretary under paragraph (1). Not
later than 60 days after the date on which such report
is submitted, the Comptroller General shall submit to
Congress a report containing the findings of such
review.
``SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
``(a) In General.--The Secretary, acting through the
Director for Emergency Communications, and in cooperation with
the Department of National Communications System (as
appropriate), shall, in cooperation with State, local, and
tribal governments, Federal departments and agencies, emergency
response providers, and the private sector, develop not later
than 180 days after the completion of the baseline assessment
under section 1803, and periodically update, a National
Emergency Communications Plan to provide recommendations
regarding how the United States should--
``(1) support and promote the ability of emergency
response providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters; and
``(2) ensure, accelerate, and attain interoperable
emergency communications nationwide.
``(b) Coordination.--The Emergency Communications
Preparedness Center under section 1806 shall coordinate the
development of the Federal aspects of the National Emergency
Communications Plan.
``(c) Contents.--The National Emergency Communications Plan
shall--
``(1) include recommendations developed in
consultation with the Federal Communications Commission
and the National Institute of Standards and Technology
for a process for expediting national voluntary
consensus standards for emergency communications
equipment for the purchase and use by public safety
agencies of interoperable emergency communications
equipment and technologies;
``(2) identify the appropriate capabilities
necessary for emergency response providers and relevant
government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
``(3) identify the appropriate interoperable
emergency communications capabilities necessary for
Federal, State, local, and tribal governments in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
``(4) recommend both short-term and long-term
solutions for ensuring that emergency response
providers and relevant government officials can
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters;
``(5) recommend both short-term and long-term
solutions for deploying interoperable emergency
communications systems for Federal, State, local, and
tribal governments throughout the Nation, including
through the provision of existing and emerging
technologies;
``(6) identify how Federal departments and agencies
that respond to natural disasters, acts of terrorism,
and other man-made disasters can work effectively with
State, local, and tribal governments, in all States,
and with other entities;
``(7) identify obstacles to deploying interoperable
emergency communications capabilities nationwide and
recommend short-term and long-term measures to overcome
those obstacles, including recommendations for
multijurisdictional coordination among Federal, State,
local, and tribal governments;
``(8) recommend goals and timeframes for the
deployment of emergency, command-level communications
systems based on new and existing equipment across the
United States and develop a timetable for the
deployment of interoperable emergency communications
systems nationwide; and
``(9) recommend appropriate measures that emergency
response providers should employ to ensure the
continued operation of relevant governmental
communications infrastructure in the event of natural
disasters, acts of terrorism, or other man-made
disasters.
``SEC. 1803. ASSESSMENTS AND REPORTS.
``(a) Baseline Assessment.--Not later than 1 year after the
date of enactment of this section and not less than every 5
years thereafter, the Secretary, acting through the Director
for Emergency Communications, shall conduct an assessment of
Federal, State, local, and tribal governments that--
``(1) defines the range of capabilities needed by
emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters;
``(2) defines the range of interoperable emergency
communications capabilities needed for specific events;
``(3) assesses the current available capabilities
to meet such communications needs;
``(4) identifies the gap between such current
capabilities and defined requirements; and
``(5) includes a national interoperable emergency
communications inventory to be completed by the
Secretary of Homeland Security, the Secretary of
Commerce, and the Chairman of the Federal
Communications Commission that--
``(A) identifies for each Federal
department and agency--
``(i) the channels and frequencies
used;
``(ii) the nomenclature used to
refer to each channel or frequency
used; and
``(iii) the types of communications
systems and equipment used; and
``(B) identifies the interoperable
emergency communications systems in use by
public safety agencies in the United States.
``(b) Classified Annex.--The baseline assessment under this
section may include a classified annex including information
provided under subsection (a)(5)(A).
``(c) Savings Clause.--In conducting the baseline
assessment under this section, the Secretary may incorporate
findings from assessments conducted before, or ongoing on, the
date of enactment of this title.
``(d) Progress Reports.--Not later than one year after the
date of enactment of this section and biennially thereafter,
the Secretary, acting through the Director for Emergency
Communications, shall submit to Congress a report on the
progress of the Department in achieving the goals of, and
carrying out its responsibilities under, this title,
including--
``(1) a description of the findings of the most
recent baseline assessment conducted under subsection
(a);
``(2) a determination of the degree to which
interoperable emergency communications capabilities
have been attained to date and the gaps that remain for
interoperability to be achieved;
``(3) an evaluation of the ability to continue to
communicate and to provide and maintain interoperable
emergency communications by emergency managers,
emergency response providers, and relevant government
officials in the event of--
``(A) natural disasters, acts of terrorism,
or other man-made disasters, including
Incidents of National Significance declared by
the Secretary under the National Response Plan;
and
``(B) a catastrophic loss of local and
regional communications services;
``(4) a list of best practices relating to the
ability to continue to communicate and to provide and
maintain interoperable emergency communications in the
event of natural disasters, acts of terrorism, or other
man-made disasters; and
``(A) an evaluation of the feasibility and
desirability of the Department developing, on
its own or in conjunction with the Department
of Defense, a mobile communications capability,
modeled on the Army Signal Corps, that could be
deployed to support emergency communications at
the site of natural disasters, acts of
terrorism, or other man-made disasters.
``SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
``(a) Coordination of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency
Communications, shall ensure that grant guidelines for the use
of homeland security assistance administered by the Department
relating to interoperable emergency communications are
coordinated and consistent with the goals and recommendations
in the National Emergency Communications Plan under section
1802.
``(b) Denial of Eligibility for Grants.--
``(1) In general.--The Secretary, acting through
the Assistant Secretary for Grants and Planning, and in
consultation with the Director for Emergency
Communications, may prohibit any State, local, or
tribal government from using homeland security
assistance administered by the Department to achieve,
maintain, or enhance emergency communications
capabilities, if--
``(A) such government has not complied with
the requirement to submit a Statewide
Interoperable Communications Plan as required
by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f));
``(B) such government has proposed to
upgrade or purchase new equipment or systems
that do not meet or exceed any applicable
national voluntary consensus standards and has
not provided a reasonable explanation of why
such equipment or systems will serve the needs
of the applicant better than equipment or
systems that meet or exceed such standards; and
``(C) as of the date that is 3 years after
the date of the completion of the initial
National Emergency Communications Plan under
section 1802, national voluntary consensus
standards for interoperable emergency
communications capabilities have not been
developed and promulgated.
``(2) Standards.--The Secretary, in coordination
with the Federal Communications Commission, the
National Institute of Standards and Technology, and
other Federal departments and agencies with
responsibility for standards, shall support the
development, promulgation, and updating as necessary of
national voluntary consensus standards for
interoperable emergency communications.
``SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.
``(a) In General.--There is established in each Regional
Office a Regional Emergency Communications Coordination Working
Group (in this section referred to as an `RECC Working Group').
Each RECC Working Group shall report to the relevant Regional
Administrator and coordinate its activities with the relevant
Regional Advisory Council.
``(b) Membership.--Each RECC Working Group shall consist of
the following:
``(1) Non-federal.--Organizations representing the
interests of the following:
``(A) State officials.
``(B) Local government officials, including
sheriffs.
``(C) State police departments.
``(D) Local police departments.
``(E) Local fire departments.
``(F) Public safety answering points (9-1-1
services).
``(G) State emergency managers, homeland
security directors, or representatives of State
Administrative Agencies.
``(H) Local emergency managers or homeland
security directors.
``(I) Other emergency response providers as
appropriate.
``(2) Federal.--Representatives from the
Department, the Federal Communications Commission, and
other Federal departments and agencies with
responsibility for coordinating interoperable emergency
communications with or providing emergency support
services to State, local, and tribal governments.
``(c) Coordination.--Each RECC Working Group shall
coordinate its activities with the following:
``(1) Communications equipment manufacturers and
vendors (including broadband data service providers).
``(2) Local exchange carriers.
``(3) Local broadcast media.
``(4) Wireless carriers.
``(5) Satellite communications services.
``(6) Cable operators.
``(7) Hospitals.
``(8) Public utility services.
``(9) Emergency evacuation transit services.
``(10) Ambulance services.
``(11) HAM and amateur radio operators.
``(12) Representatives from other private sector
entities and nongovernmental organizations as the
Regional Administrator determines appropriate.
``(d) Duties.--The duties of each RECC Working Group shall
include--
``(1) assessing the survivability, sustainability,
and interoperability of local emergency communications
systems to meet the goals of the National Emergency
Communications Plan;
``(2) reporting annually to the relevant Regional
Administrator, the Director for Emergency
Communications, the Chairman of the Federal
Communications Commission, and the Assistant Secretary
for Communications and Information of the Department of
Commerce on the status of its region in building robust
and sustainable interoperable voice and data emergency
communications networks and, not later than 60 days
after the completion of the initial National Emergency
Communications Plan under section 1802, on the progress
of the region in meeting the goals of such plan;
``(3) ensuring a process for the coordination of
effective multijurisdictional, multi-agency emergency
communications networks for use during natural
disasters, acts of terrorism, and other man-made
disasters through the expanded use of emergency
management and public safety communications mutual aid
agreements; and
``(4) coordinating the establishment of Federal,
State, local, and tribal support services and networks
designed to address the immediate and critical human
needs in responding to natural disasters, acts of
terrorism, and other man-made disasters.
``SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.
``(a) Establishment.--There is established the Emergency
Communications Preparedness Center (in this section referred to
as the `Center').
``(b) Operation.--The Secretary, the Chairman of the
Federal Communications Commission, the Secretary of Defense,
the Secretary of Commerce, the Attorney General of the United
States, and the heads of other Federal departments and agencies
or their designees shall jointly operate the Center in
accordance with the Memorandum of Understanding entitled,
`Emergency Communications Preparedness Center (ECPC) Charter'.
``(c) Functions.--The Center shall--
``(1) serve as the focal point for interagency
efforts and as a clearinghouse with respect to all
relevant intergovernmental information to support and
promote (including specifically by working to avoid
duplication, hindrances, and counteractive efforts
among the participating Federal departments and
agencies)--
``(A) the ability of emergency response
providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-
made disasters; and
``(B) interoperable emergency
communications;
``(2) prepare and submit to Congress, on an annual
basis, a strategic assessment regarding the
coordination efforts of Federal departments and
agencies to advance--
``(A) the ability of emergency response
providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-
made disasters; and
``(B) interoperable emergency
communications;
``(3) consider, in preparing the strategic
assessment under paragraph (2), the goals stated in the
National Emergency Communications Plan under section
1802; and
``(4) perform such other functions as are provided
in the Emergency Communications Preparedness Center
(ECPC) Charter described in subsection (b)(1).
``SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITIES.
``(a) In General.--The Secretary, in consultation with the
Chairman of the Federal Communications Commission and the
Secretary of Defense, and with appropriate State, local, and
tribal government officials, shall provide technical guidance,
training, and other assistance, as appropriate, to support the
rapid establishment of consistent, secure, and effective
interoperable emergency communications capabilities in the
event of an emergency in urban and other areas determined by
the Secretary to be at consistently high levels of risk from
natural disasters, acts of terrorism, and other man-made
disasters.
``(b) Minimum Capabilities.--The interoperable emergency
communications capabilities established under subsection (a)
shall ensure the ability of all levels of government, emergency
response providers, the private sector, and other organizations
with emergency response capabilities--
``(1) to communicate with each other in the event
of an emergency;
``(2) to have appropriate and timely access to the
Information Sharing Environment described in section
1016 of the National Security Intelligence Reform Act
of 2004 (6 U.S.C. 321); and
``(3) to be consistent with any applicable State or
Urban Area homeland strategy or plan.
``SEC. 1808. DEFINITION.
``In this title, the term `interoperable' has the meaning
given the term `interoperable communications' under section
7303(g)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(g)(1)).''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding at the end the following:
``TITLE XVIII--EMERGENCY COMMUNICATIONS
``Sec. 1801. Office for Emergency Communications
``Sec. 1802. National Emergency Communications Plan
``Sec. 1803. Assessments and reports
``Sec. 1804. Coordination of Federal emergency communications grant
programs
``Sec. 1805. Regional emergency communications coordination
``Sec. 1806. Emergency Communications Preparedness Center
``Sec. 1807. Urban and other high risk area communications capabilities
``Sec. 1808. Definition.''.
SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
following:
``SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.
``(a) Clarification of Responsibilities.--The Director of
the Office for Interoperability and Compatibility shall--
``(1) assist the Secretary in developing and
implementing the science and technology aspects of the
program described in subparagraphs (D), (E), (F), and
(G) of section 7303(a)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1));
``(2) in coordination with the Federal
Communications Commission, the National Institute of
Standards and Technology, and other Federal departments
and agencies with responsibility for standards, support
the creation of national voluntary consensus standards
for interoperable emergency communications;
``(3) establish a comprehensive research,
development, testing, and evaluation program for
improving interoperable emergency communications;
``(4) establish, in coordination with the Director
for Emergency Communications, requirements for
interoperable emergency communications capabilities,
which shall be nonproprietary where standards for such
capabilities exist, for all public safety radio and
data communications systems and equipment purchased
using homeland security assistance administered by the
Department, excluding any alert and warning device,
technology, or system;
``(5) carry out the Department's responsibilities
and authorities relating to research, development,
testing, evaluation, or standards-related elements of
the SAFECOM Program;
``(6) evaluate and assess new technology in real-
world environments to achieve interoperable emergency
communications capabilities;
``(7) encourage more efficient use of existing
resources, including equipment, to achieve
interoperable emergency communications capabilities;
``(8) test public safety communications systems
that are less prone to failure, support new nonvoice
services, use spectrum more efficiently, and cost less
than existing systems;
``(9) coordinate with the private sector to develop
solutions to improve emergency communications
capabilities and achieve interoperable emergency
communications capabilities; and
``(10) conduct pilot projects, in coordination with
the Director for Emergency Communications, to test and
demonstrate technologies, including data and video,
that enhance--
``(A) the ability of emergency response
providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-
made disasters; and
``(B) interoperable emergency
communications capabilities.
``(b) Coordination.--The Director of the Office for
Interoperability and Compatibility shall coordinate with the
Director for Emergency Communications with respect to the
SAFECOM program.
``(c) Sufficiency of Resources.--The Secretary shall
provide the Office for Interoperability and Compatibility the
resources and staff necessary to carry out the responsibilities
under this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 313 the following:
``Sec. 314. Office for Interoperability and Compatibility.''.
SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by this Act, is amended
by adding at the end the following:
``SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and
Technology, acting through the Director of the Office for
Interoperability and Compatibility, shall establish a
comprehensive research and development program to support and
promote--
``(1) the ability of emergency response providers
and relevant government officials to continue to
communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters; and
``(2) interoperable emergency communications
capabilities among emergency response providers and
relevant government officials, including by--
``(A) supporting research on a competitive
basis, including through the Directorate of
Science and Technology and Homeland Security
Advanced Research Projects Agency; and
``(B) considering the establishment of a
Center of Excellence under the Department of
Homeland Security Centers of Excellence Program
focused on improving emergency response
providers' communication capabilities.
``(b) Purposes.--The purposes of the program established
under subsection (a) include--
``(1) supporting research, development, testing,
and evaluation on emergency communication capabilities;
``(2) understanding the strengths and weaknesses of
the public safety communications systems in use;
``(3) examining how current and emerging technology
can make emergency response providers more effective,
and how Federal, State, local, and tribal government
agencies can use this technology in a coherent and
cost-effective manner;
``(4) investigating technologies that could lead to
long-term advancements in emergency communications
capabilities and supporting research on advanced
technologies and potential systemic changes to
dramatically improve emergency communications; and
``(5) evaluating and validating advanced technology
concepts, and facilitating the development and
deployment of interoperable emergency communication
capabilities.
``(c) Definitions.--For purposes of this section, the term
`interoperable', with respect to emergency communications, has
the meaning given the term in section 1808.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 314, as added by this Act, the following:
``Sec. 315. Emergency communications interoperability research and
development.''.
SEC. 674. 911 AND E911 SERVICES REPORT.
Not later than 180 days after the date of enactment of this
Act, the Chairman of the Federal Communications Commission
shall submit a report to Congress on the status of efforts of
State, local, and tribal governments to develop plans for
rerouting 911 and E911 services in the event that public safety
answering points are disabled during natural disasters, acts of
terrorism, and other man-made disasters.
SEC. 675. SAVINGS CLAUSE.
Nothing in this subtitle shall be construed to transfer to
the Office of Emergency Communications any function, personnel,
asset, component, authority, grant program, or liability of the
Federal Emergency Management Agency as constituted on June 1,
2006.
Subtitle E--Stafford Act Amendments
SEC. 681. GENERAL FEDERAL ASSISTANCE.
(a) Major Disasters.--Section 402 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a)
is amended--
(1) in paragraph (1), by striking ``efforts'' and
inserting ``response or recovery efforts, including
precautionary evacuations'';
(2) in paragraph (2), by striking the semicolon and
inserting ``, including precautionary evacuations and
recovery;'';
(3) in paragraph (3)--
(A) in subparagraph (D), by striking
``and'' at the end; and
(B) by adding at the end the following:
``(F) recovery activities, including
disaster impact assessments and planning;'';
(4) in paragraph (4), by striking the period and
inserting ``; and''; and
(5) by adding at the end the following:
``(5) provide accelerated Federal assistance and
Federal support where necessary to save lives, prevent
human suffering, or mitigate severe damage, which may
be provided in the absence of a specific request and in
which case the President--
``(A) shall, to the fullest extent
practicable, promptly notify and coordinate
with officials in a State in which such
assistance or support is provided; and
``(B) shall not, in notifying and
coordinating with a State under subparagraph
(A), delay or impede the rapid deployment, use,
and distribution of critical resources to
victims of a major disaster.''.
(b) Emergencies.--Section 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking the
semicolon and inserting ``, including
precautionary evacuations;'';
(B) in paragraph (6), by striking ``and''
after the semicolon;
(C) in paragraph (7), by striking the
period and inserting ``; and''; and
(D) by adding at the end the following:
``(8) provide accelerated Federal assistance and
Federal support where necessary to save lives, prevent
human suffering, or mitigate severe damage, which may
be provided in the absence of a specific request and in
which case the President--
``(A) shall, to the fullest extent
practicable, promptly notify and coordinate
with a State in which such assistance or
support is provided; and
``(B) shall not, in notifying and
coordinating with a State under subparagraph
(A), delay or impede the rapid deployment, use,
and distribution of critical resources to
victims of an emergency.'';
(2) in subsection (b), by striking the period and
inserting ``, including precautionary evacuations.'';
and
(3) by adding at the end the following:
``(c) Guidelines.--The President shall promulgate and
maintain guidelines to assist Governors in requesting the
declaration of an emergency in advance of a natural or man-made
disaster (including for the purpose of seeking assistance with
special needs and other evacuation efforts) under this section
by defining the types of assistance available to affected
States and the circumstances under which such requests are
likely to be approved.''.
SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.
(a) In General.--The Administrator, in coordination with
the Secretary of Housing and Urban Development, the
Administrator of the Environmental Protection Agency, the
Secretary of Agriculture, the Secretary of Commerce, the
Secretary of the Treasury, the Secretary of Transportation, the
Administrator of the Small Business Administration, the
Assistant Secretary for Indian Affairs of the Department of the
Interior, and the heads of other appropriate Federal agencies,
State, local, and tribal government officials (including
through the National Advisory Council), and representatives of
appropriate nongovernmental organizations shall develop,
coordinate, and maintain a National Disaster Recovery Strategy
to serve as a guide to recovery efforts after major disasters
and emergencies.
(b) Contents.--The National Disaster Recovery Strategy
shall--
(1) outline the most efficient and cost-effective
Federal programs that will meet the recovery needs of
States, local and tribal governments, and individuals
and households affected by a major disaster;
(2) clearly define the role, programs, authorities,
and responsibilities of each Federal agency that may be
of assistance in providing assistance in the recovery
from a major disaster;
(3) promote the use of the most appropriate and
cost-effective building materials (based on the hazards
present in an area) in any area affected by a major
disaster, with the goal of encouraging the construction
of disaster-resistant buildings; and
(4) describe in detail the programs that may be
offered by the agencies described in paragraph (2),
including--
(A) discussing funding issues;
(B) detailing how responsibilities under
the National Disaster Recovery Strategy will be
shared; and
(C) addressing other matters concerning the
cooperative effort to provide recovery
assistance.
(c) Report.--
(1) In general.--Not later than 270 days after the
date of enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a
report describing in detail the National Disaster
Recovery Strategy and any additional authorities
necessary to implement any portion of the National
Disaster Recovery Strategy.
(2) Update.--The Administrator shall submit to the
appropriate committees of Congress a report updating
the report submitted under paragraph (1)--
(A) on the same date that any change is
made to the National Disaster Recovery
Strategy; and
(B) on a periodic basis after the
submission of the report under paragraph (1),
but not less than once every 5 years after the
date of the submission of the report under
paragraph (1).
SEC. 683. NATIONAL DISASTER HOUSING STRATEGY.
(a) In General.--The Administrator, in coordination with
representatives of the Federal agencies, governments, and
organizations listed in subsection (b)(2) of this section, the
National Advisory Council, the National Council on Disability,
and other entities at the Administrator's discretion, shall
develop, coordinate, and maintain a National Disaster Housing
Strategy.
(b) Contents.--The National Disaster Housing Strategy
shall--
(1) outline the most efficient and cost effective
Federal programs that will best meet the short-term and
long-term housing needs of individuals and households
affected by a major disaster;
(2) clearly define the role, programs, authorities,
and responsibilities of each entity in providing
housing assistance in the event of a major disaster,
including--
(A) the Agency;
(B) the Department of Housing and Urban
Development;
(C) the Department of Agriculture;
(D) the Department of Veterans Affairs;
(E) the Department of Health and Human
Services;
(F) the Bureau of Indian Affairs;
(G) any other Federal agency that may
provide housing assistance in the event of a
major disaster;
(H) the American Red Cross; and
(I) State, local, and tribal governments;
(3) describe in detail the programs that may be
offered by the entities described in paragraph (2),
including--
(A) outlining any funding issues;
(B) detailing how responsibilities under
the National Disaster Housing Strategy will be
shared; and
(C) addressing other matters concerning the
cooperative effort to provide housing
assistance during a major disaster;
(4) consider methods through which housing
assistance can be provided to individuals and
households where employment and other resources for
living are available;
(5) describe programs directed to meet the needs of
special needs and low-income populations and ensure
that a sufficient number of housing units are provided
for individuals with disabilities;
(6) describe plans for the operation of clusters of
housing provided to individuals and households,
including access to public services, site management,
security, and site density;
(7) describe plans for promoting the repair or
rehabilitation of existing rental housing, including
through lease agreements or other means, in order to
improve the provision of housing to individuals and
households under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(8) describe any additional authorities necessary
to carry out any portion of the strategy.
(c) Guidance.--The Administrator should develop and make
publicly available guidance on--
(1) types of housing assistance available under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) to individuals
and households affected by an emergency or major
disaster;
(2) eligibility for such assistance (including,
where appropriate, the continuation of such
assistance); and
(3) application procedures for such assistance.
(d) Report.--
(1) In general.--Not later than 270 days after the
date of enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a
report describing in detail the National Disaster
Housing Strategy, including programs directed to
meeting the needs of special needs populations.
(2) Updated report.--The Administrator shall submit
to the appropriate committees of Congress a report
updating the report submitted under paragraph (1)--
(A) on the same date that any change is
made to the National Disaster Housing Strategy;
and
(B) on a periodic basis after the
submission of the report under paragraph (1),
but not less than once every 5 years after the
date of the submission of the report under
paragraph (1).
SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.
The third sentence of section 404(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c(a)) is amended by striking ``7.5 percent'' and
inserting ``15 percent for amounts not more than
$2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5
percent on amounts of more than $10,000,000,000 and not more
than $35,333,000,000''.
SEC. 685. HOUSING ASSISTANCE.
Section 408(c)(4) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) by inserting ``or semi-permanent'' after
``permanent''; and
(2) by striking ``remote''.
SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.
Section 408(c) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--
(1) by striking paragraph (2)(C); and
(2) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 687. COORDINATING OFFICERS.
Section 302 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143(b)) is amended by
adding after subsection (c) the following:
``(d) Where the area affected by a major disaster or
emergency includes parts of more than 1 State, the President,
at the discretion of the President, may appoint a single
Federal coordinating officer for the entire affected area, and
may appoint such deputy Federal coordinating officers to assist
the Federal coordinating officer as the President determines
appropriate.''.
SEC. 688. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122) is amended--
(1) by amending paragraph (9) to read as follows:
``(9) Private nonprofit facility.--
``(A) In general.--The term `private
nonprofit facility' means private nonprofit
educational, utility, irrigation, emergency,
medical, rehabilitational, and temporary or
permanent custodial care facilities (including
those for the aged and disabled) and facilities
on Indian reservations, as defined by the
President.
``(B) Additional facilities.--In addition
to the facilities described in subparagraph
(A), the term `private nonprofit facility'
includes any private nonprofit facility that
provides essential services of a governmental
nature to the general public (including
museums, zoos, performing arts facilities,
community arts centers, libraries, homeless
shelters, senior citizen centers,
rehabilitation facilities, shelter workshops,
and facilities that provide health and safety
services of a governmental nature), as defined
by the President.'';
(2) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Individual with a disability.--The term
`individual with a disability' means an individual with
a disability as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)).''.
SEC. 689. INDIVIDUALS WITH DISABILITIES.
(a) Guidelines.--Not later than 90 days after the date of
enactment of this Act, and in coordination with the National
Advisory Council, the National Council on Disability, the
Interagency Coordinating Council on Preparedness and
Individuals With Disabilities established under Executive Order
13347 (6 U.S.C. 312 note), and the Disability Coordinator
(established under section 513 of the Homeland Security Act of
2002, as added by this Act), the Administrator shall develop
guidelines to accommodate individuals with disabilities, which
shall include guidelines for--
(1) the accessibility of, and communications and
programs in, shelters, recovery centers, and other
facilities; and
(2) devices used in connection with disaster
operations, including first aid stations, mass feeding
areas, portable payphone stations, portable toilets,
and temporary housing.
(b) Essential Assistance.--Section 403(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b(a)) is amended--
(1) in paragraph (2), by inserting ``durable
medical equipment,'' after ``medicine''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting
``durable medical equipment,'' after
``medicine'';
(B) in subparagraph (H), by striking
``and'' at the end;
(C) in subparagraph (I), by striking the
period and inserting ``; and''; and
(D) by adding at the end the following:
``(J) provision of rescue, care, shelter,
and essential needs--
``(i) to individuals with household
pets and service animals; and
``(ii) to such pets and animals.''.
(c) Federal Assistance to Individuals and Households.--
Section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) in subsection (b)(1), by inserting ``, or with
respect to individuals with disabilities, rendered
inaccessible or uninhabitable,'' after
``uninhabitable''; and
(2) in subsection (d)(1)(A)--
(A) in clause (i), by striking ``and''
after the semicolon;
(B) by redesignating clause (ii) as clause
(iii); and
(C) by inserting after clause (i) the
following:
``(ii) meets the physical
accessibility requirements for
individuals with disabilities; and''.
SEC. 689A. NONDISCRIMINATION IN DISASTER ASSISTANCE.
Section 308(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by
inserting ``disability, English proficiency,'' after ``age,''.
SEC. 689B. REUNIFICATION.
(a) Definitions.--In this section:
(1) Child locator center.--The term ``Child Locator
Center'' means the National Emergency Child Locator
Center established under subsection (b).
(2) Declared event.--The term ``declared event''
means a major disaster or emergency.
(3) Displaced adult.--The term ``displaced adult''
means an individual 21 years of age or older who is
displaced from the habitual residence of that
individual as a result of a declared event.
(4) Displaced child.--The term ``displaced child''
means an individual under 21 years of age who is
displaced from the habitual residence of that
individual as a result of a declared event.
(b) National Emergency Child Locator Center.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator, in
coordination with the Attorney General of the United
States, shall establish within the National Center for
Missing and Exploited Children the National Emergency
Child Locator Center. In establishing the National
Emergency Child Locator Center, the Administrator shall
establish procedures to make all relevant information
available to the National Emergency Child Locator
Center in a timely manner to facilitate the expeditious
identification and reunification of children with their
families.
(2) Purposes.--The purposes of the Child Locator
Center are to--
(A) enable individuals to provide to the
Child Locator Center the name of and other
identifying information about a displaced child
or a displaced adult who may have information
about the location of a displaced child;
(B) enable individuals to receive
information about other sources of information
about displaced children and displaced adults;
and
(C) assist law enforcement in locating
displaced children.
(3) Responsibilities and duties.--The
responsibilities and duties of the Child Locator Center
are to--
(A) establish a toll-free telephone number
to receive reports of displaced children and
information about displaced adults that may
assist in locating displaced children;
(B) create a website to provide information
about displaced children;
(C) deploy its staff to the location of a
declared event to gather information about
displaced children;
(D) assist in the reunification of
displaced children with their families;
(E) provide information to the public about
additional resources for disaster assistance;
(F) work in partnership with Federal,
State, and local law enforcement agencies;
(G) provide technical assistance in
locating displaced children;
(H) share information on displaced children
and displaced adults with governmental agencies
and nongovernmental organizations providing
disaster assistance;
(I) use its resources to gather information
about displaced children;
(J) refer reports of displaced adults to--
(i) an entity designated by the
Attorney General to provide technical
assistance in locating displaced
adults; and
(ii) the National Emergency Family
Registry and Locator System as defined
under section 689c(a);
(K) enter into cooperative agreements with
Federal and State agencies and other
organizations such as the American Red Cross as
necessary to implement the mission of the Child
Locator Center; and
(L) develop an emergency response plan to
prepare for the activation of the Child Locator
Center.
(c) Conforming Amendments.--Section 403(1) of the Missing
Children's Assistance Act (42 U.S.C. 5772(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the
end;
(2) in subparagraph (B), by adding ``or'' after the
semicolon; and
(3) by inserting after subparagraph (B) the
following:
``(C) the individual is an individual under
21 years of age who is displaced from the
habitual residence of that individual as a
result of an emergency or major disaster (as
those terms are defined in section 102 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)).''.
(d) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate and the Committee on
Transportation and Infrastructure and the Committee on the
Judiciary of the House of Representatives a report describing
in detail the status of the Child Locator Center, including
funding issues and any difficulties or issues in establishing
the Center or completing the cooperative agreements described
in subsection (b)(3)(K).
SEC. 689C. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR SYSTEM.
(a) Definitions.--In this section--
(1) the term ``displaced individual'' means an
individual displaced by an emergency or major disaster;
and
(2) the term ``National Emergency Family Registry
and Locator System'' means the National Emergency
Family Registry and Locator System established under
subsection (b).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
National Emergency Family Registry and Locator System to help
reunify families separated after an emergency or major
disaster.
(c) Operation of System.--The National Emergency Family
Registry and Locator System shall--
(1) allow a displaced adult (including medical
patients) to voluntarily register (and allow an adult
that is the parent or guardian of a displaced child to
register such child), by submitting personal
information to be entered into a database (such as the
name, current location of residence, and any other
relevant information that could be used by others
seeking to locate that individual);
(2) ensure that information submitted under
paragraph (1) is accessible to those individuals named
by a displaced individual and to those law enforcement
officials;
(3) be accessible through the Internet and through
a toll-free number, to receive reports of displaced
individuals; and
(4) include a means of referring displaced children
to the National Emergency Child Locator Center
established under section 689b.
(d) Publication of Information.--Not later than 210 days
after the date of enactment of this Act, the Administrator
shall establish a mechanism to inform the public about the
National Emergency Family Registry and Locator System and its
potential usefulness for assisting to reunite displaced
individuals with their families.
(e) Coordination.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall enter a
memorandum of understanding with the Department of Justice, the
National Center for Missing and Exploited Children, the
Department of Health and Human Services, and the American Red
Cross and other relevant private organizations that will
enhance the sharing of information to facilitate reuniting
displaced individuals (including medical patients) with their
families.
(f) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing in
detail the status of the National Emergency Family Registry and
Locator System, including any difficulties or issues in
establishing the System, including funding issues.
SEC. 689D. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(c)(1)(A) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A))
is amended--
(1) in clause (i), by adding at the end the
following: ``Such assistance may include the payment of
the cost of utilities, excluding telephone service.'';
and
(2) in clause (ii), by inserting ``security
deposits,'' after ``hookups,''.
SEC. 689E. DISASTER RELATED INFORMATION SERVICES.
Subtitle A of title VI of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.) is
amended by adding at the end the following:
``SEC. 616. DISASTER RELATED INFORMATION SERVICES.
``(a) In General.--Consistent with section 308(a), the
Director of Federal Emergency Management Agency shall--
``(1) identify, in coordination with State and
local governments, population groups with limited
English proficiency and take into account such groups
in planning for an emergency or major disaster;
``(2) ensure that information made available to
individuals affected by a major disaster or emergency
is made available in formats that can be understood
by--
``(A) population groups identified under
paragraph (1); and
``(B) individuals with disabilities or
other special needs; and
``(3) develop and maintain an informational
clearinghouse of model language assistance programs and
best practices for State and local governments in
providing services related to a major disaster or
emergency.
``(b) Group Size.--For purposes of subsection (a), the
Director of Federal Emergency Management Agency shall define
the size of a population group.''.
SEC. 689F. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT SERVICES TO
INDIVIDUALS AND HOUSEHOLDS.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.), is amended
by adding at the end the following:
``SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
``The President may provide transportation assistance to
relocate individuals displaced from their predisaster primary
residences as a result of an incident declared under this Act
or otherwise transported from their predisaster primary
residences under section 403(a)(3) or 502, to and from
alternative locations for short or long-term accommodation or
to return an individual or household to their predisaster
primary residence or alternative location, as determined
necessary by the President.
``SEC. 426. CASE MANAGEMENT SERVICES.
``The President may provide case management services,
including financial assistance, to State or local government
agencies or qualified private organizations to provide such
services, to victims of major disasters to identify and address
unmet needs.''.
SEC. 689G. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Title III of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (15 U.S.C. 5141 et
seq.) is amended by adding at the end the following:
``SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
``(a) In General.--The President shall designate in the
Federal Emergency Management Agency a Small State and Rural
Advocate.
``(b) Responsibilities.--The Small State and Rural Advocate
shall be an advocate for the fair treatment of small States and
rural communities in the provision of assistance under this
Act.
``(c) Duties.--The Small State and Rural Advocate shall--
``(1) participate in the disaster declaration
process under section 401 and the emergency declaration
process under section 501, to ensure that the needs of
rural communities are being addressed;
``(2) assist small population States in the
preparation of requests for major disaster or emergency
declarations; and
``(3) conduct such other activities as the Director
of the Federal Emergency Management Agency considers
appropriate.''.
(b) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report detailing
the extent to which disaster declaration regulations--
(1) meet the particular needs of States with
populations of less than 1,500,000 individuals; and
(2) comply with statutory restrictions on the use
of arithmetic formulas and sliding scales based on
income or population.
(c) Statutory Construction.--Nothing in this section or the
amendments made by this section shall be construed to authorize
major disaster or emergency assistance that is not authorized
as of the date of enactment of this Act.
SEC. 689H. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED PRIVATE
NONPROFIT EDUCATIONAL FACILITIES.
Section 406(a)(3)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B))
is amended by inserting ``education,'' after
``communications,''.
SEC. 689I. INDIVIDUALS AND HOUSEHOLDS PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The President, acting through the
Administrator, in coordination with State, local, and
tribal governments, shall establish and conduct a pilot
program. The pilot program shall be designed to make
better use of existing rental housing, located in areas
covered by a major disaster declaration, in order to
provide timely and cost-effective temporary housing
assistance to individuals and households eligible for
assistance under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174) where alternative housing options are less
available or less cost-effective.
(2) Administration.--
(A) In general.--For the purposes of the
pilot program under this section, the
Administrator may--
(i) enter into lease agreements
with owners of multi-family rental
property located in areas covered by a
major disaster declaration to house
individuals and households eligible for
assistance under section 408 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5174);
(ii) make improvements to
properties under such lease agreements;
(iii) use the pilot program where
the program is cost effective in that
the cost to the Government for the
lease agreements is in proportion to
the savings to the Government by not
providing alternative housing; and
(iv) limit repairs to those
required to ensure that the housing
units shall meet Federal housing
quality standards.
(B) Improvements to leased properties.--
Under the terms of any lease agreement for a
property described under subparagraph (A)(ii),
the value of the contribution of the Agency to
such improvements--
(i) shall be deducted from the
value of the lease agreement; and
(ii) may not exceed the value of
the lease agreement.
(3) Consultation.--In administering the pilot
program under this section, the Administrator may
consult with State, local, and tribal governments.
(4) Report.--
(A) In general.--Not later than March 31,
2009, the Administrator shall submit to the
appropriate committees of Congress a report
regarding the effectiveness of the pilot
program.
(B) Contents.--The Administrator shall
include in the report--
(i) an assessment of the
effectiveness of the pilot program
under this section, including an
assessment of cost-savings to the
Federal Government and any benefits to
individuals and households eligible for
assistance under section 408 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5174) under the pilot program;
(ii) findings and conclusions of
the Administrator with respect to the
pilot program;
(iii) an assessment of additional
authorities needed to aid the Agency in
its mission of providing disaster
housing assistance to individuals and
households eligible for assistance
under section 408 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174), either
under the pilot program under this
section or other potential housing
programs; and
(iv) any recommendations of the
Administrator for additional authority
to continue or make permanent the pilot
program.
(b) Pilot Program Project Approval.--The Administrator
shall not approve a project under the pilot program after
December 31, 2008.
SEC. 689J. PUBLIC ASSISTANCE PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The President, acting through the
Administrator, and in coordination with State and local
governments, shall establish and conduct a pilot
program to--
(A) reduce the costs to the Federal
Government of providing assistance to States
and local governments under sections
403(a)(3)(A), 406, and 407 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 1570b(a)(3), 5172,
5172);
(B) increase flexibility in the
administration of sections 403(a)(3)(A), 406,
and 407 of that Act; and
(C) expedite the provision of assistance to
States and local governments provided under
sections 403(a)(3)(A), 406, and 407 of that
Act.
(2) Participation.--Only States and local
governments that elect to participate in the pilot
program may participate in the pilot program for a
particular project.
(3) Innovative administration.--
(A) In general.--For purposes of the pilot
program, the Administrator shall establish new
procedures to administer assistance provided
under the sections referred to in paragraph
(1).
(B) New procedures.--The new procedures
established under subparagraph (A) may include
1 or more of the following:
(i) Notwithstanding section
406(c)(1)(A) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C.
1571(c)(1)(A)), providing an option for
a State or local government to elect to
receive an in-lieu contribution in an
amount equal to 90 percent of the
Federal share of the Federal estimate
of the cost of repair, restoration,
reconstruction, or replacement of a
public facility owned or controlled by
the State or local government and of
management expenses.
(ii) Making grants on the basis of
estimates agreed to by the local
government (or where no local
government is involved, by the State
government) and the Administrator to
provide financial incentives and
disincentives for the local government
(or where no local government is
involved, for the State government) for
the timely or cost effective completion
of projects under sections
403(a)(3)(A), 406, and 407 of that Act.
(iii) Increasing the Federal share
for removal of debris and wreckage for
States and local governments that have
a debris management plan approved by
the Administrator and have pre-
qualified 1 or more debris and wreckage
removal contractors before the date of
declaration of the major disaster.
(iv) Using a sliding scale for the
Federal share for removal of debris and
wreckage based on the time it takes to
complete debris and wreckage removal.
(v) Using a financial incentive to
recycle debris.
(vi) Reimbursing base wages for
employees and extra hires of a State or
local government involved in or
administering debris and wreckage
removal.
(4) Waiver.--The Administrator may waive such
regulations or rules applicable to the provisions of
assistance under the sections referred to in paragraph
(1) as the Administrator determines are necessary to
carry out the pilot program under this section.
(b) Report.--
(1) In general.--Not later than March 31, 2009, the
Administrator shall submit to the appropriate
committees of Congress a report regarding the
effectiveness of the pilot program under this section.
(2) Contents.--The report submitted under paragraph
(1) shall include--
(A) an assessment by the Administrator of
any administrative or financial benefits of the
pilot program;
(B) an assessment by the Administrator of
the effect, including any savings in time and
cost, of the pilot program;
(C) any identified legal or other obstacles
to increasing the amount of debris recycled
after a major disaster;
(D) any other findings and conclusions of
the Administrator with respect to the pilot
program; and
(E) any recommendations of the
Administrator for additional authority to
continue or make permanent the pilot program.
(c) Deadline for Initiation of Implementation.--The
Administrator shall initiate implementation of the pilot
program under this section not later than 90 days after the
date of enactment of this Act.
(d) Pilot Program Project Duration.--The Administrator may
not approve a project under the pilot program under this
section after December 31, 2008.
SEC. 689K. DISPOSAL OF UNUSED TEMPORARY HOUSING UNITS.
(a) In General.--Notwithstanding section 408(d)(2)(B) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174(d)(2)(B)), if the Administrator authorizes
the disposal of an unused temporary housing unit that is owned
by the Agency on the date of enactment of this Act and is not
used to house individuals or households under section 408 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174) after that date, such unit shall be
disposed of under subchapter III of chapter 5 of subtitle I of
title 40, United States Code.
(b) Tribal Governments.--Housing units described in
subsection (a) shall be disposed of in coordination with the
Department of the Interior or other appropriate agencies in
order to transfer such units to tribal governments if
appropriate.
Subtitle F--Prevention of Fraud, Waste, and Abuse
SEC. 691. ADVANCE CONTRACTING.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
submit a report under paragraph (2) identifying--
(A) recurring disaster response
requirements, including specific goods and
services, for which the Agency is capable of
contracting for in advance of a natural
disaster or act of terrorism or other man-made
disaster in a cost effective manner;
(B) recurring disaster response
requirements, including specific goods and
services, for which the Agency can not contract
in advance of a natural disaster or act of
terrorism or other man-made disaster in a cost
effective manner; and
(C) a contracting strategy that maximizes
the use of advance contracts to the extent
practical and cost-effective.
(2) Submission.--The report under paragraph (1)
shall be submitted to the appropriate committees of
Congress.
(b) Entering Into Contracts.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
enter into 1 or more contracts for each type of goods
or services identified under subsection (a)(1)(A), and
in accordance with the contracting strategy identified
in subsection (a)(1)(C). Any contract for goods or
services identified in subsection (a)(1)(A) previously
awarded may be maintained in fulfilling this
requirement.
(2) Considered factors.--Before entering into any
contract under this subsection, the Administrator shall
consider section 307 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5150),
as amended by this Act.
(3) Prenegotiated federal contracts for goods and
services.--The Administrator, in coordination with
State and local governments and other Federal agencies,
shall establish a process to ensure that Federal
prenegotiated contracts for goods and services are
coordinated with State and local governments, as
appropriate.
(4) Prenegotiated state and local contracts for
goods and services.--The Administrator shall encourage
State and local governments to establish prenegotiated
contracts with vendors for goods and services in
advance of natural disasters and acts of terrorism or
other man-made disasters.
(c) Maintenance of Contracts.--After the date described
under subsection (b), the Administrator shall have the
responsibility to maintain contracts for appropriate levels of
goods and services in accordance with subsection (a)(1)(C).
(d) Report on Contracts Not Using Competitive Procedures.--
At the end of each fiscal quarter, beginning with the first
fiscal quarter occurring at least 90 days after the date of
enactment of this Act, the Administrator shall submit a report
on each disaster assistance contract entered into by the Agency
by other than competitive procedures to the appropriate
committees of Congress.
SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
(a) Regulations.--The Secretary shall promulgate
regulations applicable to contracts described in subsection (c)
to minimize the excessive use by contractors of subcontractors
or tiers of subcontractors to perform the principal work of the
contract.
(b) Specific Requirement.--At a minimum, the regulations
promulgated under subsection (a) shall preclude a contractor
from using subcontracts for more than 65 percent of the cost of
the contract or the cost of any individual task or delivery
order (not including overhead and profit), unless the Secretary
determines that such requirement is not feasible or
practicable.
(c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an
amount greater than the simplified acquisition threshold (as
defined by section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)) entered into by the Department to
facilitate response to or recovery from a natural disaster or
act of terrorism or other man-made disaster.
SEC. 693. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER
EXPENDITURES.
(a) Authority of Administrator To Designate Funds for
Oversight Activities.--The Administrator may designate up to 1
percent of the total amount provided to a Federal agency for a
mission assignment as oversight funds to be used by the
recipient agency for performing oversight of activities carried
out under the Agency reimbursable mission assignment process.
Such funds shall remain available until expended.
(b) Use of Funds.--
(1) Types of oversight activities.--Oversight funds
may be used for the following types of oversight
activities related to Agency mission assignments:
(A) Monitoring, tracking, and auditing
expenditures of funds.
(B) Ensuring that sufficient management and
internal control mechanisms are available so
that Agency funds are spent appropriately and
in accordance with all applicable laws and
regulations.
(C) Reviewing selected contracts and other
activities.
(D) Investigating allegations of fraud
involving Agency funds.
(E) Conducting and participating in fraud
prevention activities with other Federal,
State, and local government personnel and
contractors.
(2) Plans and reports.--Oversight funds may be used
to issue the plans required under subsection (e) and
the reports required under subsection (f).
(c) Restriction on Use of Funds.--Oversight funds may not
be used to finance existing agency oversight responsibilities
related to direct agency appropriations used for disaster
response, relief, and recovery activities.
(d) Methods of Oversight Activities.--
(1) In general.--Oversight activities may be
carried out by an agency under this section either
directly or by contract. Such activities may include
evaluations and financial and performance audits.
(2) Coordination of oversight activities.--To the
extent practicable, evaluations and audits under this
section shall be performed by the inspector general of
the agency.
(e) Development of Oversight Plans.--
(1) In general.--If an agency receives oversight
funds for a fiscal year, the head of the agency shall
prepare a plan describing the oversight activities for
disaster response, relief, and recovery anticipated to
be undertaken during the subsequent fiscal year.
(2) Selection of oversight activities.--In
preparing the plan, the head of the agency shall select
oversight activities based upon a risk assessment of
those areas that present the greatest risk of fraud,
waste, and abuse.
(3) Schedule.--The plan shall include a schedule
for conducting oversight activities, including
anticipated dates of completion.
(f) Federal Disaster Assistance Accountability Reports.--A
Federal agency receiving oversight funds under this section
shall submit annually to the Administrator and the appropriate
committees of Congress a consolidated report regarding the use
of such funds, including information summarizing oversight
activities and the results achieved.
(g) Definition.--In this section, the term ``oversight
funds'' means funds referred to in subsection (a) that are
designated for use in performing oversight activities.
SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended by striking
section 307 and inserting the following:
``SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.
``(a) Contracts or Agreements With Private Entities.--
``(1) In general.--In the expenditure of Federal
funds for debris clearance, distribution of supplies,
reconstruction, and other major disaster or emergency
assistance activities which may be carried out by
contract or agreement with private organizations,
firms, or individuals, preference shall be given, to
the extent feasible and practicable, to those
organizations, firms, and individuals residing or doing
business primarily in the area affected by such major
disaster or emergency.
``(2) Construction.--This subsection shall not be
considered to restrict the use of Department of Defense
resources under this Act in the provision of assistance
in a major disaster.
``(3) Specific geographic area.--In carrying out
this section, a contract or agreement may be set aside
for award based on a specific geographic area.
``(b) Implementation.--
``(1) Contracts not to entities in area.--Any
expenditure of Federal funds for debris clearance,
distribution of supplies, reconstruction, and other
major disaster or emergency assistance activities which
may be carried out by contract or agreement with
private organizations, firms, or individuals, not
awarded to an organization, firm, or individual
residing or doing business primarily in the area
affected by such major disaster shall be justified in
writing in the contract file.
``(2) Transition.--Following the declaration of an
emergency or major disaster, an agency performing
response, relief, and reconstruction activities shall
transition work performed under contracts in effect on
the date on which the President declares the emergency
or major disaster to organizations, firms, and
individuals residing or doing business primarily in any
area affected by the major disaster or emergency,
unless the head of such agency determines that it is
not feasible or practicable to do so.
``(c) Prior Contracts.--Nothing in this section shall be
construed to require any Federal agency to breach or
renegotiate any contract in effect before the occurrence of a
major disaster or emergency.''.
SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.
(a) Regulations.--The Secretary shall promulgate
regulations applicable to contracts described in subsection (c)
to restrict the contract period of any such contract entered
into using procedures other than competitive procedures
pursuant to the exception provided in paragraph (2) of section
303(c) of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253(c)) to the minimum contract period
necessary--
(1) to meet the urgent and compelling requirements
of the work to be performed under the contract; and
(2) to enter into another contract for the required
goods or services through the use of competitive
procedures.
(b) Specific Contract Period.--The regulations promulgated
under subsection (a) shall require the contract period to not
to exceed 150 days, unless the Secretary determines that
exceptional circumstances apply.
(c) Covered Contracts.--This section applies to any
contract in an amount greater than the simplified acquisition
threshold (as defined by section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) entered into by the
Department to facilitate response to or recovery from a natural
disaster, act of terrorism, or other man-made disaster.
SEC. 696. FRAUD, WASTE, AND ABUSE CONTROLS.
(a) In General.--The Administrator shall ensure that--
(1) all programs within the Agency administering
Federal disaster relief assistance develop and maintain
proper internal management controls to prevent and
detect fraud, waste, and abuse;
(2) application databases used by the Agency to
collect information on eligible recipients must record
disbursements;
(3) such tracking is designed to highlight and
identify ineligible applications; and
(4) the databases used to collect information from
applications for such assistance must be integrated
with disbursements and payment records.
(b) Audits and Reviews Required.--The Administrator shall
ensure that any database or similar application processing
system for Federal disaster relief assistance programs
administered by the Agency undergoes a review by the Inspector
General of the Agency to determine the existence and
implementation of such internal controls required under this
section and the amendments made by this section.
(c) Verification Measures for Individuals and Households
Program.--Section 408 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the
following:
``(i) Verification Measures.--In carrying out this section,
the President shall develop a system, including an electronic
database, that shall allow the President, or the designee of
the President, to--
``(1) verify the identity and address of recipients
of assistance under this section to provide reasonable
assurance that payments are made only to an individual
or household that is eligible for such assistance;
``(2) minimize the risk of making duplicative
payments or payments for fraudulent claims under this
section;
``(3) collect any duplicate payment on a claim
under this section, or reduce the amount of subsequent
payments to offset the amount of any such duplicate
payment;
``(4) provide instructions to recipients of
assistance under this section regarding the proper use
of any such assistance, regardless of how such
assistance is distributed; and
``(5) conduct an expedited and simplified review
and appeal process for an individual or household whose
application for assistance under this section is
denied.''.
SEC. 697. REGISTRY OF DISASTER RESPONSE CONTRACTORS.
(a) Definitions.--In this section--
(1) the term ``registry'' means the registry
created under subsection (b); and
(2) the terms ``small business concern'', ``small
business concern owned and controlled by socially and
economically disadvantaged individuals'', ``small
business concern owned and controlled by women'', and
``small business concern owned and controlled by
service-disabled veterans'' have the meanings given
those terms under the Small Business Act (15 U.S.C. 631
et seq.).
(b) Registry.--
(1) In general.--The Administrator shall establish
and maintain a registry of contractors who are willing
to perform debris removal, distribution of supplies,
reconstruction, and other disaster or emergency relief
activities.
(2) Contents.--The registry shall include, for each
business concern--
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business
concern;
(D) the type of good or service provided by
the business concern;
(E) the bonding level of the business
concern; and
(F) whether the business concern is--
(i) a small business concern;
(ii) a small business concern owned
and controlled by socially and
economically disadvantaged individuals;
(iii) a small business concern
owned and controlled by women; or
(iv) a small business concern owned
and controlled by service-disabled
veterans.
(3) Source of information.--
(A) Submission.--Information maintained in
the registry shall be submitted on a voluntary
basis and be kept current by the submitting
business concerns.
(B) Attestation.--Each business concern
submitting information to the registry shall
submit--
(i) an attestation that the
information is true; and
(ii) documentation supporting such
attestation.
(C) Verification.--The Administrator shall
verify that the documentation submitted by each
business concern supports the information
submitted by that business concern.
(4) Availability of registry.--The registry shall
be made generally available on the Internet site of the
Agency.
(5) Consultation of registry.--As part of the
acquisition planning for contracting for debris
removal, distribution of supplies in a disaster,
reconstruction, and other disaster or emergency relief
activities, a Federal agency shall consult the
registry.
SEC. 698. FRAUD PREVENTION TRAINING PROGRAM.
The Administrator shall develop and implement a program to
provide training on the prevention of waste, fraud, and abuse
of Federal disaster relief assistance relating to the response
to or recovery from natural disasters and acts of terrorism or
other man-made disasters and ways to identify such potential
waste, fraud, and abuse.
Subtitle G--Authorization of Appropriations
SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title and the amendments made by this title for the
administration and operations of the Agency--
(1) for fiscal year 2008, an amount equal to the
amount appropriated for fiscal year 2007 for
administration and operations of the Agency, multiplied
by 1.1;
(2) for fiscal year 2009, an amount equal to the
amount described in paragraph (1), multiplied by 1.1;
and
(3) for fiscal year 2010, an amount equal to the
amount described in paragraph (2), multiplied by 1.1.
Sec. 699A. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title shall be
treated as referring only to the provisions of this title.
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2007''.
And the Senate agree to the same.
Harold Rogers,
Zach Wamp,
Tom Latham,
Jo Ann Emerson,
John E. Sweeney,
Jim Kolbe,
Ander Crenshaw,
John R. Carter,
Jerry Lewis,
Martin Olav Sabo,
David E. Price,
Jose E. Serrano,
Lucille Roybal-Allard,
Sanford D. Bishop,
Marion Berry,
Chet Edwards,
David R. Obey,
Managers on the Part of the House.
Judd Gregg,
Thad Cochran,
Ted Stevens,
Arlen Specter,
Pete V. Domenici,
Richard C. Shelby,
Larry E. Craig,
R.F. Bennett,
Wayne Allard,
Robert C. Byrd,
Daniel K. Inouye,
Patrick J. Leahy,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Harry Reid,
Dianne Feinstein,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 5441), making
appropriations for the Department of Homeland Security (DHS)
for the fiscal year ending September 30, 2007, and for other
purposes, submit the following joint statement to the House and
the Senate in explanation of the effects of the action agreed
upon by the managers and recommended in the accompanying
conference report.
Senate Amendment: The Senate deleted the entire House
bill after the enacting clause and inserted the Senate bill.
The conference agreement includes a revised bill. Throughout
the accompanying explanatory statement, the managers refer to
the Committee and the Committees on Appropriations. Unless
otherwise noted, in both instances, the managers are referring
to the House Subcommittee on Homeland Security and the Senate
Subcommittee on Homeland Security.
The language and allocations contained in House Report
109-476 and Senate Report 109-273 should be complied with
unless specifically addressed to the contrary in the conference
report and statement of managers. The statement of managers,
while repeating some report language for emphasis, does not
intend to negate the language referred to above unless
expressly provided herein. In cases where both the House and
Senate reports address a particular issue not specifically
addressed in the conference report or joint statement of
managers, the conferees have determined the House report and
the Senate report are not inconsistent and are to be
interpreted accordingly. In cases where the House or Senate
report directs the submission of a report, such report is to be
submitted to both Committees on Appropriations. Further, in a
number of instances, House Report 109-476 and Senate Report
109-273 direct agencies to report to the Committees by specific
dates. In those instances, and unless alternative dates are
provided in the accompanying explanatory statement, agencies
are directed to provide these reports to the Committees on
Appropriations no later than January 23, 2007.
CLASSIFIED PROGRAMS
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this statement of
managers.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
The conferees agree to provide $94,470,000 instead of
$83,684,000 as proposed by the House and $82,622,000 as
proposed by the Senate. The conferees have made reductions to
the budget request due to a large number of vacancies and
unobligated balances within certain offices. Funding shall be
allocated as follows:
Immediate Office of the Secretary....................... $2,540,000
Immediate Office of the Deputy Secretary................ 1,185,000
Chief of Staff.......................................... 2,560,000
Office of Counternarcotics Enforcement.................. 2,360,000
Executive Secretary..................................... 4,450,000
Office of Policy........................................ 29,305,000
Secure Border Coordination Office....................... 4,500,000
Office of Public Affairs................................ 6,000,000
Office of Legislative and Intergovernmental Affairs..... 5,449,000
Office of General Counsel............................... 12,759,000
Office of Civil Rights and Liberties.................... 13,000,000
Citizenship and Immigration Services Ombudsman.......... 5,927,000
Privacy Officer......................................... 4,435,000
--------------------------------------------------------
____________________________________________________
Total............................................... 94,470,000
COMPREHENSIVE PORT, CONTAINER, AND CARGO SECURITY STRATEGY
The conferees are committed to building upon and
improving the Department's programs directed toward port,
container, and cargo security, such as Customs and Border
Protection's Container Security Initiative and Customs-Trade
Partnership Against Terrorism; the Coast Guard's port security
patrols and facility operations; and Science and Technology's
cargo security research programs. The conferees believe these
programs must evolve to combat new and emerging threats, as
well as to support the continuous growth of international
trade. To date, DHS has not produced a strategic plan for this
critical mission area. To address this issue, the conferees
withhold $5,000,000 from obligation from the Office of the
Secretary and Executive Management until the Secretary submits
a port, container, and cargo security strategic plan to the
Committees on Appropriations; the Senate Committee on Commerce,
Science and Transportation; the Senate Committee on Homeland
Security and Governmental Affairs; and the House Committee on
Homeland Security. This plan shall comply with all reporting
and performance requirements specified in the House report.
SECURE BORDER INITIATIVE STRATEGIC PLAN
The conferees direct the Secretary to submit the Secure
Border Initiative multi-year strategic plan to the Committees
on Appropriations, the Senate Committee on Homeland Security
and Governmental Affairs, the House Committee on Homeland
Security, and the Committees on the Judiciary. This plan shall
demonstrate how the Department of Homeland Security (DHS) will
obtain operational control of the borders in five years, as
specified in bill language. The conferees withhold $10,000,000
from obligation from the Office of the Secretary and Executive
Management until the Secretary submits this plan.
Office of Policy
The conferees agree to provide $29,305,000 for the Office
of Policy instead of $27,093,000 as proposed by the House and
$31,093,000 as proposed by the Senate. Within this total,
funding has been provided for policy oversight for the Secure
Border Initiative, screening coordination and operations, as
well as a technical full-time equivalent (FTE) adjustment. The
Secure Border Coordination Office is funded as an independent
office.
The conferees support a strong, centralized Office of
Policy to further the Department's mission. The conferees are
concerned the office is becoming too compartmentalized and
encourage the office to remain flexible to address the most
pressing policy issues confronting the Department, both in the
short and long term.
SECURE BORDER COORDINATION OFFICE
The conferees agree to provide $4,500,000 for the Secure
Border Coordination Office, instead of $5,000,000 as proposed
by the House for the Secure Border Initiative Program Executive
Office (SBI PEO) and $4,000,000 as proposed by the Senate for
the SBI PEO within the Office of Policy. Funds provided above
the budget request are to enhance program planning and
performance management.
The conferees fund the Secure Border Coordination Office
as a distinct office within the Office of the Secretary and
Executive Management because it is a functional office charged
with the integration of the Department's border security and
immigration enforcement programs rather than formulation of
policy. The Office of Policy, in the Office of the Secretary,
will continue to have an oversight responsibility for policy
related to the Secure Border Initiative.
The conferees view the Secure Border Coordination Office
as the focal point for the Department's transition from a
fragmented and stove-piped border security organization to an
integrated system capable of producing real results. This is
illustrated by the data contained within the September 2006 bi-
monthly status report on DHS' border security performance. The
conferees note both the quality of this report as a standard
for DHS to emulate and recognize the timeliness with which the
report was submitted. The conferees direct the Secure Border
Coordination Office to continue to submit bi-monthly status
reports through the end of fiscal year 2007, as specified by
the House correspondence dated June 21, 2006, and direct the
Secretary to ensure all information contained within the report
is appropriately classified.
The conferees provide considerable resources to border
security and immigration enforcement in this Act as well as in
fiscal year 2006 appropriations and view the Secure Border
Coordination Office as accountable for linking these resources
to the stated goal of gaining operational control of our
borders within five years. The conferees expect to see a
detailed justification for the staffing and resources of this
office within the fiscal year 2008 budget request.
Office of Counternarcotics Enforcement
The conferees agree to provide $2,360,000 for a separate
Office of Counternarcotics Enforcement, as proposed by the
Senate, instead of $2,741,000 within the Office of Chief of
Staff as proposed by the House. The conferees view this office
as responsible for monitoring the resource needs of the
traditional counternarcotics functions of the DHS agencies, as
well as examining the nexus of drugs and terrorism. The
conferees agree that this office does not belong within the
Office of the Chief of Staff and have provided for the
establishment of an independent office within the Office of the
Secretary and Executive Management. However, the conferees
question the necessity and efficacy of separating this office
from the Office of Policy given its analysis and policy
formulation mission and encourage DHS to consider this as part
of its fiscal year 2008 budget submission.
The Office is directed to report, in conjunction with the
fiscal year 2008 budget request, on its annual productivity and
performance as directed in the House report.
EXECUTIVE SECRETARY
The conferees agree to provide $4,450,000 for the
Executive Secretary instead of $5,001,000 as proposed by the
House and $4,090,000 as proposed by the Senate. Within this
funding level, the conferees agree to the technical FTE
adjustment and associated funding as requested and one
additional full-time position. In late 2005, the Executive
Secretary was charged with improving responsiveness to Congress
by responding to Congressional inquiries within two weeks. The
conferees direct the Executive Secretary to report quarterly,
with the first report due on January 31, 2007, on its success
meeting this two-week goal and its plans to sustain this
standard given the volume of Congressional interest in DHS
issues.
TRAINING
The conferees direct the Secretary to brief the
Committees on Appropriations on the inventory of funds
supporting training in the Preparedness Directorate and the
Federal Emergency Management Agency (FEMA) in fiscal year 2007
as discussed in the House report. In addition, the conferees
direct that greater detail be included as part of the fiscal
year 2008 Congressional budget justifications.
CONTRACT STAFF
The conferees agree with Senate language directing the
Secretary to update its contract staffing report, no later than
February 8, 2007, to include data for fiscal year 2006,
projected contract staff for fiscal year 2007, and plans to
reduce these types of contract employees.
GRANT AWARDS
The conferees continue to be disappointed by the
Department's slow pace of awarding important security funds to
state and local governments. Therefore, bill language is
included under Grants and Training requiring port, rail and
transit, trucking, intercity bus, and buffer zone protection
grants, as well as State Homeland Security Grants, Law
Enforcement Terrorism Prevention, and Urban Area Security
Initiative funds to be awarded by a date certain in fiscal year
2007.
UNOBLIGATED BALANCES
The Office of the Secretary and Executive Management
appears to continue to lack an appropriate plan for use of
available funding, as unobligated dollars remain high
throughout the year. The conferees are particularly
disappointed the Office of Civil Rights and Liberties, the
Citizenship and Immigration Services Ombudsman, and the Privacy
Officer are not using available resources to meet growing
responsibilities. The Department is directed to provide the
Committees on Appropriations with an expenditure plan for these
offices no later than November 1, 2006.
VANCOUVER OLYMPICS
The conferees direct the Secretary to conduct a review,
in conjunction with appropriate Washington State and Canadian
entities, and to report to the Committees on Appropriations,
the Senate Committee on Homeland Security and Governmental
Affairs, and the House Committee on Homeland Security, within
six months after enactment of this Act, on all relevant
security issues related to the 2010 Vancouver Olympic and
Paralympic Games, including expected increases in border flow,
necessary enhancements to border security, estimated border
crossing wait times, and the need for additional border
personnel. The Secretary, in coordination with the Secretary of
State, the Federal Communications Commission, and relevant
agencies in the States of Alaska, Idaho, Montana, Oregon, and
Washington, shall also evaluate the technical and operational
interoperability challenges facing regional, local, state, and
federal authorities in preparing for the 2010 Olympic and
Paralympic Games. The conferees direct the Secretary to submit
a plan to address these challenges to the Committees on
Appropriations; the Senate Committee on Commerce, Science, and
Transportation; the Senate Committee on Homeland Security and
Governmental Affairs; the House Committee on Homeland Security;
and the House Committee on Energy and Commerce, six months
after enactment of this Act.
DATA-MINING
The conferees continue to be concerned with the
Department's possible use or development of data-mining
technology and direct the DHS Privacy Officer to submit a
report consistent with the terms and conditions listed in
section 549 of the Senate bill. The conferees expect the report
to include information on how it has implemented the
recommendations laid out in the Department's data-mining report
received July 18, 2006.
TRANSFER AUTHORITY
The conferees direct the Secretary to provide the
Committees on Appropriations a report by November 1, 2006, with
any recommendations for transfers, reprogrammings, and if
appropriate, budget requests, pursuant to 31 USC 1105, in order
to implement new authorities contained in Title VI.
Office of the Under Secretary for Management
The conferees agree to provide $153,640,000 instead of
$70,489,000 as proposed by the House and $163,456,000 as
proposed by the Senate. The conferees have made reductions to
the budget request due to a large number of vacancies and
unobligated balances within certain offices. Funding shall be
allocated as follows:
Under Secretary for Management.......................... $1,870,000
Office of Security...................................... 52,640,000
Office of the Chief Procurement Officer................. 16,895,000
Office of the Chief Human Capital Officer............... 8,811,000
MAX-HR Human Resource System............................ 25,000,000
Office of the Chief Administrative Officer.............. 40,218,000
Nebraska Avenue Complex (DHS headquarters).............. 8,206,000
--------------------------------------------------------
____________________________________________________
Total............................................... 153,640,000
Office of the Chief Procurement Officer
The conferees have fully funded the budget request for
the Office of the Chief Procurement Officer. Because the
Department has experienced numerous procurement problems, the
conferees support the Department's efforts to hire more
procurement staff both within this office, as well as within a
variety of DHS components. The Chief Procurement Officer shall
develop a procurement oversight plan, identifying necessary
oversight resources and how improvements in the Department's
performance of its procurement functions will be achieved. This
plan shall be provided to the Committees on Appropriations and
the Government Accountability Office (GAO) no later than
January 23, 2007. The conferees direct GAO to brief the
Committees no later than April 16, 2007, on their analysis of
this plan.
The conferees direct GAO to review DHS compliance during
fiscal years 2005-06 with section 503(a)(5) of P.L. 108-334 and
P.L. 109-90, which prohibit DHS from reprogramming funds that
were appropriated for federal FTEs for contracting out similar
functions, and report to the Committees on Appropriations by
March 1, 2007.
HEADQUARTERS
While the conferees have fully funded the budget request
of $8,206,000 for enhancements to the DHS headquarters on
Nebraska Avenue, no funding has been provided to move the U.S.
Coast Guard headquarters to the St. Elizabeths complex. This
move has been proposed as the first phase to consolidate most
or all of DHS at the St. Elizabeths campus. However, the
Department is unable to elaborate on the reasons why St.
Elizabeths is the best location for a permanent DHS
headquarters, what other sites have been considered, which
specific components would move to that site, the total space
requirements for DHS headquarters, and the total costs
associated with using the St. Elizabeths site as a headquarters
location. The Department must develop a comprehensive long-term
plan for the future location of all DHS offices and components,
rather than the piecemeal approach currently being used. As
such, the conferees prohibit the Department from relocating the
Coast Guard's headquarters, or any other DHS component, until
DHS completes a new, comprehensive headquarters master plan and
submits a prospectus for Congressional review and approval. In
addition, the conferees direct the Department to regularly
update the Committees on Appropriations on the expenditure of
funds provided to improve the current DHS headquarters on
Nebraska Avenue, as specified in the Senate report.
MAX-HR HUMAN RESOURCES SYSTEM
The conferees agree to provide $25,000,000 for the MAX-HR
human resources system and direct the Secretary to submit an
updated expenditure plan to the Committees on Appropriations
within 90 days after enactment of this Act. This plan shall
list all contract obligations, by contractor and year, and
include the purpose of the contract.
Office of the Chief Financial Officer
The conferees agree to provide $26,000,000 instead of
$43,480,000 as proposed by the House and $26,018,000 as
proposed by the Senate. A slight funding reduction has been
made to the budget request due to the large number of
vacancies.
RESOURCE MANAGEMENT TRANSFORMATION OFFICE (EMERGE2)
The conferees provide no funding for the Resource
Management Transformation Office (eMerge2) as proposed by the
Senate, instead of $18,000,000 for eMerge2 as proposed by the
House. The conferees understand DHS has moved away from the
original system-centric eMerge2 program and has determined
necessary improvements for the Resource Management
Transformation Office should also encompass training, financial
policy, process changes, and internal controls. Because DHS has
about $40,000,000 in unobligated balances from eMerge2 funding
provided to the Office of the Chief Information Officer (CIO),
the conferees direct the Chief Financial Officer (CFO) to use
these remaining funds for financial management improvements,
and to continue to coordinate systems improvements with the
CIO. The CFO must submit an expenditure plan for these
remaining funds by November 15, 2006.
SHARED SERVICES
In spite of clear direction in sections 503 and 504, the
conferees are dismayed by an apparent disregard for consistent
and transparent budget execution within the Preparedness
Directorate. Sections 503 and 504 delineate permissible
transfer authority and require notification to the Committees
on Appropriations; the conferees are concerned that these
transfers exceeded the limits set forth in those general
provisions, particularly with regard to funding new activities.
As a result, the conferees direct the CFO to review the use of
shared services throughout the Department and specifically
within Preparedness to ensure that they are in compliance with
appropriation law and the proper use of the Economy Act. Such
blatant disregard of the Appropriations Act will not be
tolerated again.
ALIGNING RESOURCES TO MISSION
The conferees are concerned about the ability of some
Departmental agencies to effectively align resource
requirements to workload and mission needs. To address this
issue, the conferees have included specific reporting
requirements and/or re-aligned the funding structure of select
agencies experiencing difficulty aligning resources to mission,
such as U.S. Customs and Border Protection, Federal Protective
Service, Science and Technology Directorate, Infrastructure
Protection and Information Security, and U.S. Secret Service.
The conferees are committed to improving the budgetary systems
of these components and recognize the CFO's efforts in mission
cost modeling across the entire Department. In the case of the
Secret Service, the conferees provide funding through an
entirely new appropriations account structure and recognize
this may pose unique challenges. The conferees direct the CFO
to support the Secret Service's transition to this new account
structure by assisting the agency in the improvement of its
budget execution and real-time tracking of resource hours.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The conferees direct the CFO to submit all of its fiscal
year 2008 budget justifications (classified and unclassified)
concurrent with the submission of the President's budget
request and at the level of detail specified in the House
report. In addition, the annual appropriations justifications
should include explicit information by appropriations account,
program, project, and activity on all reimbursable agreements
and uses of the Economy Act exceeding $50,000.
MONTHLY EXECUTION AND STAFFING REPORTS
Both the House and Senate Committees have been repeatedly
frustrated over the Department's inability to provide a monthly
budget execution report detailing the status of the total
obligational authority available and the status of allotting,
obligating and expending these funds by each agency. For the
past two years, the CFO has been unable to provide this
required monthly report on a timely basis. The conferees modify
and retain a general provision (section 531) requiring the
submission of this data, including the Working Capital Fund, at
the level of detail shown in the table of detailed funding
levels displayed at the end of the statement of managers
accompanying this Act. The monthly budget execution report
shall include total obligational authority appropriated (new
budget authority plus unobligated carryover), undistributed
obligational authority, amount allotted, current year
obligations, unobligated authority (the difference between
total obligational authority and current year obligations),
beginning unexpended obligations, year-to-date expenditures,
and year-end unexpended obligations, of the Department of
Homeland Security. This monthly report must also include on-
board versus funded full-time equivalent staffing levels, as
proposed by the Senate. The conferees direct this report to be
submitted not more than 45 days after the close of each month.
Based on the Department's historical ability to deliver the
reports on a timely basis, the conferees will revisit the bill
provision in future appropriations Acts.
IMPROPER PAYMENTS
The conferees are concerned the Department is not
complying with the Improper Payments Information Act of 2002.
The Department reported in its fiscal year 2005 Performance and
Accountability Report that none of its programs were deemed to
be at significant risk of making improper payments, despite the
fact that GAO found problems with billions of dollars in
payments responding to Hurricanes Katrina and Rita. According
to the Office of Management and Budget Memorandum 30-13,
``significant'' is defined to mean at least 2.5 percent of all
payments made are improper, and the absolute dollar figure
associated with that 2.5 percent or more totals at least
$10,000,000. The Improper Payment Information Act requires
federal programs and activities deemed to be at ``significant''
risk of making improper payments to report improper payment
information to Congress. The conferees expect the Department to
comply with the Improper Payments Information Act.
Office of the Chief Information Officer
The conferees agree to provide $349,013,000 for the
Office of the Chief Information Officer (CIO) instead of
$364,765,000 as proposed by the House and $306,765,000 as
proposed by the Senate. Funding shall be allocated as follows:
Salaries and Expenses................................... $79,521,000
Information Technology Services......................... 61,013,000
Security Activities..................................... 89,387,000
Wireless Programs....................................... 86,438,000
Homeland Secure Data Network............................ 32,654,000
--------------------------------------------------------
____________________________________________________
Total............................................... $349,013,000
EMERGE2
The conferees direct the CIO to use the remaining
unobligated balances of approximately $40,000,000 from the
eMerge2 program for financial management improvements, and to
continue to coordinate systems improvements with the Chief
Financial Officer.
INFORMATION TECHNOLOGY OVERSIGHT
The conferees support language contained in the House
report on information technology oversight and direct that no
funds be made available in this Act for obligation for any
information technology procurement of $2,500,000 or more
without approval of the DHS CIO. These procurements must
conform to DHS' Enterprise Architecture or justify any
deviation from it.
NATIONAL CENTER FOR CRITICAL INFORMATION PROCESSING AND STORAGE
(NCCIPS)
The conferees agree to include $53,000,000 for NCCIPS
data centers. Of these funds, $12,000,000 shall be provided for
the ongoing efforts to develop and transition the Department's
multiple data centers to the NCCIPS. The conferees support the
Senate's recommendation to identify and secure the NCCIPS
secondary site and provide the remaining $41,000,000 for those
activities. To provide for continuity of operations and fulfill
back-up requirements, the conferees direct the secondary
facility and infrastructure be at a separate remote location
and the site selection be conducted in a fair and open
evaluation process. NCCIPS is intended to migrate and
consolidate critical infrastructure information, thereby
reducing unnecessary and duplicative investments by the
government. The conferees believe that integrating the multiple
centers and infrastructure to the primary and secondary NCCIPS
data centers will present significant opportunities for cost
saving and provide the best investment for DHS critical
information requirements.
In consolidating the data centers to the NCCIPS,
consistent with section 888 of Public Law 107-296, the
conferees instruct the Department to implement the
consolidation plan in a manner that shall not result in a
reduction to the Coast Guard's Operations System Center mission
or its government-employed or contract staff levels.
COMMON OPERATING PICTURE
The conferees acknowledge that DHS has made significant
progress developing systems such as the Homeland Security
Information Network, U.S. Public Private Partnership, and
Infrastructure Critical Asset Viewer, which facilitate
communications, situational awareness, and provide for the
sharing of information between DHS and its federal, state,
local, and commercial partners. These systems each address a
specific functional or customer requirement and lay the
groundwork for a comprehensive national incident prevention and
response system. The conferees encourage DHS to continue
developing these types of systems and the DHS CIO to integrate
all federal systems into a common architecture that would
address a broader functional and customer base to include
integration with state fusion centers.
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE--12
The conferees understand the Department and other federal
agencies are attempting to comply with the Homeland Security
Presidential Directive-12 mandate to begin using Personal
Identity Verification (PIV) cards for new employees and
contractors by October 27, 2006. The conferees provide the
requested amount of $2,966,000 for the Smartcard program. The
conferees encourage the Department to work expeditiously toward
implementation of PIV, card life cycle management and
certificate services and provide to the Committees on
Appropriations a briefing on the Department's plans to
implement this directive by December 1, 2006.
Analysis and Operations
The conferees agree to provide $299,663,000 for Analysis
and Operations instead of $298,663,000 as proposed by the House
and the Senate. Up to $1,000,000 is for an independent study on
the feasibility of creating a counter terrorism intelligence
agency.
SITUATIONAL AWARENESS TEAMS
The conferees direct the National Operations Center and
Immigration and Customs Enforcement (ICE) to brief the
Committees on Appropriations, with written materials, on the
number and composition of the situational awareness teams,
their locations, actual and planned deployments in fiscal years
2006 and 2007, impacts of the operations on ICE, and the
associated budgets and staffing resource needs.
FUSION CENTERS
The conferees support language contained in the House
report on fusion centers and direct the Department to report on
the role of these fusion centers, the total number of
operational fusion centers, their effectiveness, their funding
sources and amounts, and where additional fusion centers are
necessary.
OPERATIONS CENTERS
The conferees support language in the Senate report on
operations centers and direct the Government Accountability
Office to analyze the role of the National Operations Center
and the numerous DHS component operations centers and to make
recommendations regarding the operation and coordination of
these centers and report to the Committees their findings.
Office of the Federal Coordinator for Gulf Coast Rebuilding
The conferees agree to provide $3,000,000 for the Office
of the Federal Coordinator for Gulf Coast Rebuilding as
proposed by the House instead of no funding as proposed by the
Senate. Within the funding provided, $1,000,000 is unavailable
for obligation until the Committees on Appropriations receive
an expenditure plan for fiscal year 2007. Any funding above the
amount provided must be reprogrammed or transferred in
accordance with section 503 of this Act.
Office of Inspector General
The conferees agree to provide $85,185,000 for the Office
of Inspector General instead of $96,185,000 as proposed by the
House and $90,185,000 as proposed by the Senate.
DISASTER RELIEF FUNDING
In addition to the funding provided above, $13,500,000 is
available for transfer from the Disaster Relief Fund instead of
no funding as proposed by the House and $15,000,000 as proposed
by the Senate. The funds are to continue and expand audits and
investigations related to the Gulf Coast hurricanes, including
flood insurance issues. The Inspector General is required to
notify the Committees on Appropriations no less than 15 days
prior to any transfer from the Disaster Relief Fund.
SECURE BORDER INITIATIVE
The conferees support the Secure Border Initiative (SBI),
but are concerned that major technology contracts that are
expected to be awarded through the SBI program require
substantial management and oversight. The conferees direct the
Inspector General to review and report on any contract or task
order relating to the SBI program valued at more than
$20,000,000. These reviews should begin no earlier than 180
days after a contract has been awarded.
ANALYSIS, DISSEMINATION, VISUALIZATION, INSIGHT AND SEMANTIC
ENHANCEMENT (ADVISE) PROGRAM
The ADVISE program is designed to extract relationships
and correlations from large amounts of data to produce
actionable intelligence on terrorists. A prototype is currently
available to analysts in Intelligence and Analysis using
departmental and other data, including some on U.S. citizens.
The conferees understand up to $40,000,000 has been obligated
for ADVISE. The ADVISE program plan, total costs and privacy
impacts are unclear and therefore the conferees direct the
Inspector General to conduct a comprehensive program review and
report within nine months of enactment of this Act.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
United States Visitor and Immigrant Status Indicator Technology (US-
VISIT)
The conferees agree to provide $362,494,000 as proposed
by the House instead of $399,494,000 as proposed by the Senate.
Within this amount, $60,080,000 is available to implement 10-
print enrollment capability, and to continue the development of
interoperability between DHS' Automated Biometric
Identification System (IDENT) and the Federal Bureau of
Investigation's Integrated Automated Fingerprint Identification
System (IAFIS).
STRATEGIC PLANNING
The conferees support language contained in the House and
Senate reports concerning the submission of a strategic plan
for US-VISIT. The conferees direct the strategic plan to
include: the cost and schedule of migration to a ten-
fingerprint system with interoperability of IAFIS and IDENT
fingerprint databases; a complete schedule for the full
implementation of the exit portion of the program; and a plan
of how US-VISIT fits into the Department's larger border and
immigration initiatives.
IDENT/IAFIS AND 10-PRINT ENROLLMENT
The conferees reiterate their strong support for on-going
efforts to ensure interoperability between the IDENT and IAFIS
biometric databases and are pleased with the movement towards
ten-print enrollment in US-VISIT. The conferees continue to
believe that these critical border integrity activities must
occur as expeditiously as possible.
THE WESTERN HEMISPHERE TRAVEL INITIATIVE (WHTI)
The conferees direct the Secretary to report on the
architecture for the WHTI ``PASS'' card, as specified in the
Senate report. This report should address the Department's
plans and abilities to address all requirements included within
section 546 of this Act.
United States Customs and Border Protection
SALARIES AND EXPENSES
The conferees agree to provide $5,562,186,000, instead of
$5,433,310,000 as proposed by the House and $5,329,874,000 as
proposed by the Senate. This includes: $2,277,510,000 for
border security between ports of entry, including funds to
support an additional 1,500 Border Patrol agents and an
additional $20,000,000 for Border Patrol vehicles. The
conferees agree to transfer $3,100,000 for the costs of
salaries, equipment, and operations for the Customs Patrol
Officers (``Shadow Wolves'') to Immigration and Customs
Enforcement.
The conference agreement includes $1,860,491,000 for
border security inspections and trade facilitation, including:
$34,800,000 for an additional 450 United States Customs and
Border Protection (CBP) officers; an additional $147,000,000
for non-intrusive inspection equipment; $6,800,000, as
requested, for the Immigration Advisory Program; $4,750,000 to
continue textile transshipment enforcement; $10,165,000, as
requested, for the operations and maintenance of the Advanced
Training Center; and funds to support 100 percent validation
and periodic re-validation of all Customs-Trade Partnership
Against Terrorism (C-TPAT) certified partners and 100 percent
manifest review of cargo shipped from all Container Security
Initiative (CSI) ports. The conferees provide $1,027,000, as
requested, for other technology investments, including the In-
Bond Cargo Container Security Program, within a consolidated
program, project, and activity for inspections, trade, and
travel facilitation at ports of entry. The conferees do not
include $1,200,000, as requested, for the Fraudulent Document
Analysis Unit, as proposed by the Senate.
The conference agreement includes $175,796,000 for Air
and Marine personnel compensation and benefits, including:
$5,500,000, as requested, for the Great Falls, Montana airwing;
$3,100,000 to fully staff the Air and Marine Operations Center;
$5,000,000 to activate the North Dakota airwing; and $2,800,000
to fully staff the New York and Washington airwings.
The following table specifies funding by budget program,
project, and activity:
------------------------------------------------------------------------
------------------------------------------------------------------------
Headquarters, Management, and Administration:
Management and Administration, Border Security $658,943,000
Inspections and Trade Facilitation..............
Management and Administration, Border Security 589,446,000
and Control between Ports of Entry..............
------------------
Subtotal, Headquarters Management and 1,248,389,000
Administration..............................
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at 1,326,665,000
Ports of Entry..................................
Harbor Maintenance Fee Collection (Trust Fund)... 3,026,000
Container Security Initiative.................... 139,312,000
Other international programs..................... 8,701,000
Customs-Trade Partnership Against Terrorism...... 54,730,000
Free and Secure Trade (FAST)/NEXUS/SENTRI........ 11,243,000
Inspection and Detection Technology Investments.. 241,317,000
Automated Targeting Systems...................... 27,298,000
National Targeting Center........................ 23,635,000
Training......................................... 24,564,000
------------------
Subtotal, Border Security Inspections and 1,860,491,000
Trade Facilitation..........................
Border Security and Control between Ports of Entry:
Border Security and Control...................... 2,239,586,000
Training......................................... 37,924,000
------------------
Subtotal, Border Security and Control between 2,277,510,000
POEs........................................
Air and Marine Personnel Compensation and Benefits... 175,796,000
==================
Total.................................... 5,562,186,000
------------------------------------------------------------------------
RESOURCE ALLOCATION MODEL
The conferees are concerned with the ability of CBP to
effectively align its staffing resources to its mission
requirements. The conferees direct CBP to submit by January 23,
2007, a resource allocation model for current and future year
staffing requirements, as specified by the House and Senate
reports. Specifically, this report should assess optimal
staffing levels at all land, air, and sea ports of entry and
provide a complete explanation of CBP's methodology for
aligning staffing levels to threats, vulnerabilities, and
workload across all mission areas.
Of particular concern is CBP's ability to effectively
process the growing processing workload at the nation's
airports that are experiencing significant growth in passenger
volume and wait times. The conferees recognize the airports
listed in the House and Senate reports as experiencing
exceptional growth in workload and processing challenges. The
conferees direct CBP to include in its resource allocation
model for airports the number of flights that took longer than
60-minutes to process. The airport processing section of the
resource allocation model shall comply with the content
requirements specified within the House and Senate reports. CBP
shall expand the wait time information per airport on its
website, as specified by the House and Senate reports.
HEADQUARTERS, MANAGEMENT, AND ADMINISTRATION
The conferees agree to provide $1,248,389,000 as proposed
by the House instead of $1,258,389,000 as proposed by the
Senate. The conferees are concerned with the lack of visibility
into the exceptionally large CBP headquarters, management, and
administration program, project, and activity levels and direct
CBP to provide a detailed justification along functional or
operational lines in the fiscal year 2008 budget request.
PORT, CARGO, AND CONTAINER SECURITY
The conferees recognize port, cargo, and container
security as a major issue confronting CBP. To address this
issue, the conferees provide $181,800,000 for an additional 450
CBP officers and critical non-intrusive inspection equipment
and fully fund the budget request for all cargo security and
trade facilitation programs within CBP. The conferees also
include stringent reporting and performance requirements for
port, cargo, and container security under the Office of the
Secretary and Executive Management. CBP is directed to comply
with all aspects of reporting requirements specified in the
statement of managers and the House report regarding the port,
cargo, and container strategic plan. The conferees encourage
CBP to prioritize the assignment of additional officers funded
by this Act to the nation's busiest ports of entry, especially
seaports. The conferees note that sufficient funding is
provided in this Act to allow CBP to meet the strategic plan
requirements of 100 percent initial validation and periodic re-
validation of all C-TPAT certified partners as well as for 100
percent manifest review at all CSI ports.
IMMIGRATION ADVISORY PROGRAM
The conferees believe CBP's Immigration Advisory Program
(IAP) has shown great potential to prevent people who are
identified as national security threats or are inadmissible
from traveling to the United States. The conferees provide
$6,800,000, as requested, to support CBP's proposed expansion
of the IAP to London and Tokyo within fiscal year 2007. The
conferees direct CBP to report on the performance of the IAP no
later than January 23, 2007.
AGRICULTURAL INSPECTIONS
The conferees are concerned with the steps the Department
is taking to improve the targeting of agricultural inspections
and direct the Secretary to submit a report consistent with
section 541 of the Senate bill.
ONE FACE AT THE BORDER INITIATIVE
The conferees recognize the benefits of cross-training
legacy customs, immigration, and agricultural inspection
officers as part of CBP's ``One Face at the Border Initiative''
and direct CBP to ensure that all personnel assigned to primary
and secondary inspection duties at ports of entry have received
adequate training in all relevant inspection functions.
METHAMPHETAMINE
The conferees direct CBP to continue to focus on
methamphetamine in its reporting and analysis of trade flows to
prevent the spread of this dangerous narcotic throughout the
United States.
TEXTILE TRANSSHIPMENT ENFORCEMENT
The conferees include $4,750,000 to continue textile
transshipment enforcement. The conferees direct CBP to report
on its execution of the five-year strategic plan submitted to
Congress, including enforcement activities, numbers of seizures
and penalties imposed, as well as a status report of personnel
responsible for enforcing textile laws.
ENFORCEMENT OF TRADE REMEDIES LAWS
The conferees have ensured, within the amounts provided
for this account, the availability of sufficient funds to
enforce the anti-dumping authority contained in section 754 of
the Tariff Act of 1930 (19 U.S.C. 1675c).
The conferees direct CBP to continue to work with the
Departments of Commerce and Treasury, and the Office of the
United States Trade Representative, and all other relevant
agencies to increase collections and to provide an annual
report within 30 days of each year's distributions under the
law summarizing CBP's efforts to collect past due amounts and
increase current collections, particularly with respect to
cases involving unfairly-traded Asian imports. The conferees
direct CBP to update that report, in particular, by breaking
out the non-collected amounts for each of the fiscal years
2004, 2005, 2006, 2007, and each year thereafter, by order and
claimant, along with a description of each of the specific
reasons for the non-collection with respect to each order.
CBP is also directed to report to the Committees on
Appropriations no later than February 8, 2007, on the amounts
of antidumping and countervailing duties held by CBP in the
Clearing Account for unliquidated entries as of October 1,
2006, segregated by case number and Department of Commerce
period of review. In that same report, CBP is to explain what
other enforcement actions it is taking to collect unpaid duties
owed the U.S. government; how it has implemented the five
recommendations for executive action that were contained in GAO
Report (GAO-05-979); and explain whether CBP has completed all
of the initiatives, processes, and procedures identified in its
February 2005 report to the Committees on Appropriations
(including Attachment 1) concerning implementation of the
recommendations that were contained in the U.S. Treasury
Department Office of the Inspector General report on the
Continued Dumping and Subsidy Offset Act.
CBP is also directed to provide the Committees with prior
notice of how CBP plans to clarify or provide guidelines for
the preparation of Continued Dumping and Subsidy Offset Act
(CDSOA) certification of claims and any modifications or
revisions of regulations that may be proposed by CBP concerning
CDSOA.
BORDER SECURITY
The conferees agree to provide $379,602,000 for an
additional 1,500 Border Patrol agents instead of $325,447,000
as proposed by the House and $330,602,000 as proposed by the
Senate. With the additional funding provided in this Act, the
Border Patrol agent workforce should increase to 14,819 agents.
NORTHERN BORDER STAFFING
The conferees continue to be concerned with erosions in
the level of Border Patrol agent staffing along the Northern
Border. Given the Secretary's responses to hearing questions,
the conferees expect the Department to meet its stated goal of
relocating experienced agents to the Northern Border equal to
10 percent of new agent hiring.
BORDER SECURITY TECHNOLOGY
The conferees agree to not fund border security
technology within the salaries and expenses appropriation and
instead create a new, integrated appropriation for fencing,
tactical infrastructure, and technology.
BORDER PATROL VEHICLES
The conferees are extremely disappointed by CBP's
insufficient vehicle fleet planning considering the rapid
growth of the agency's workforce and operations. Furthermore,
the conferees are unclear on the cost-benefit analysis CBP uses
to compare operating costs of standard commercial vehicles to
those that may be more appropriate for unique topographical and
environmental conditions along our border. CBP is directed to
re-submit its Vehicle Fleet Management Plan by January 23,
2007, in accordance with all requirements specified in the
House and Senate reports, and including a full description of
the process CBP uses to evaluate vehicles to meet both mission
requirements and cost constraints.
BORDER TUNNEL POLICY
The conferees concur with the reporting requirement in
the Senate report on development of a Departmental policy
regarding tunnels as well as the need to budget for tunnel
remediation in future budget submissions as discussed in the
House report.
CARRIZO CANE
The conferees understand the removal of Carrizo cane from
certain Rio Grande border locations may improve conditions for
Border Patrol operations, and direct CBP to utilize the
resources necessary for this removal, if it is determined to be
necessary. Further, CBP is directed, in conjunction with the
Department of the Interior, to develop a pilot project to test
various means of eradication and control of Carrizo cane.
AUTOMATION MODERNIZATION
The conferees agree to provide $451,440,000 as proposed
by the House instead of $461,207,000 as proposed by the Senate.
This amount includes funding for the Automated Commercial
Environment (ACE), the Integrated Trade Data System (ITDS), and
the costs of the legacy Automated Commercial System. Of this
funding, not less than $316,800,000 shall be for ACE and ITDS,
of which $16,000,000 is for ITDS. Bill language prohibits the
obligation of $216,800,000 until the Committees on
Appropriations receive and approve an automation modernization
expenditure plan.
ACE PROGRAM OVERSIGHT
The conferees support House language on ACE program
oversight and direct CBP to improve oversight by assuring
releases are ready to proceed beyond critical design and
production readiness review before deployment. Also, CBP shall
ensure ACE aligns its goals, benefits, desired business
outcomes, and performance metrics. Future appropriations
decisions will be affected by CBP's progress towards these
goals over the year.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
The conferees agree to provide $1,187,565,000 for the
integrated border security fencing, tactical infrastructure,
and technology system instead of $115,000,000 as proposed by
the House within the CBP salaries and expenses appropriation
and $131,559,000 for border security technology within a
separate technology modernization appropriation and
$106,006,000 for tactical infrastructure within the CBP
construction appropriation as proposed by the Senate. Funds are
available until expended. When combined with recently enacted
supplemental funds, a total of $1,512,565,000 is available for
this purpose in fiscal year 2007. Within the total provided,
$30,500,000 is provided for the San Diego Border Infrastructure
System and $57,823,000 is provided for tactical infrastructure
in Western Arizona. The conferees direct the Secretary to
submit, within 60 days after the date of enactment of this Act,
an expenditure plan for establishing a security barrier along
the border of the United States to the Committees on
Appropriations, as specified in bill language. The conferees
withhold $950,000,000 until the expenditure plan is received
and approved.
BUDGET JUSTIFICATION
To support DHS' integrated, systems-based approach to
border security, funding requested separately for border
security technology and tactical infrastructure is combined
into one account. CBP is directed to integrate its future
budget requests for border security fencing, tactical
infrastructure, and technology within this account. CBP is
further directed to provide a fiscal year 2008 budget
justification subdivided by program, project, and activity
levels for operations and maintenance, procurement, systems
engineering and integration, and program management.
CONTRACT MANAGEMENT
The conferees direct CBP and the Secure Border
Coordination Office to work with the Department's Office of the
Chief Procurement Officer (CPO) and Office of the Chief
Financial Officer (CFO) to rigorously oversee all contracts and
subcontracts awarded for the integrated border security
fencing, tactical infrastructure, and technology system, and
work to minimize excessive use by contractors of subcontractors
or tiers of subcontractors to perform the principal work of the
contract. If interagency contracts are utilized, the Secure
Border Coordination Office is directed to confirm to the CPO
and CFO that the scope of the contract is appropriate and that
performance of the CBP portion of the contract is measured and
controlled by CBP. The acquisition management system utilized
for the funds within this account must produce credible,
reliable and timely data that is promptly reviewed by the CBP
acquisition workforce. Performance shortfalls must be addressed
quickly with approved action plans. The conferees expect the
Secure Border Coordination Office to operate under clear,
consistent, and enforceable acquisition policies and processes
for all contracts awarded through the Department's Secure
Border Initiative. The conferees further expect the Department
to ensure CBP's acquisition workforce has the skills needed to
carry out its responsibilities effectively.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
The conferees agree to provide $602,187,000 instead of
$373,199,000 as proposed by the House and $458,499,000 as
proposed by the Senate. This includes: $70,000,000 for the P-3
service life extension program and additional P-3 flight hours;
$20,000,000 for helicopter acquisition; $20,000,000 for the
acquisition of unmanned aerial vehicles (UAVs) and related
support systems; $10,000,000 for the missionization of manned
covert surveillance aircraft; $2,000,000 for marine interceptor
boat replacement; $64,000,000 for the acquisition or
refurbishment of two medium lift helicopters; $58,000,000 for
the acquisition of two multi-role aircraft; and $18,700,000 for
Northern Border airwings, of which $12,000,000 is provided for
the establishment of the fourth Northern Border airwing in
Grand Forks, North Dakota, and $5,500,000 is provided for the
new Northern Border airwing in Great Falls, Montana. The
conferees direct CBP to include sufficient funds in its fiscal
year 2008 budget submission to establish the fifth and final
Northern Border airwing in Detroit, Michigan. The conferees do
not include a rescission of $14,000,000 as proposed by the
Senate.
UAV INCIDENT REPORT
The conferees direct CBP to submit the official findings
regarding the April 25, 2006, UAV mishap to the Committees on
Appropriations, the Senate Committee on Homeland Security and
Governmental Affairs, and the House Committee on Homeland
Security no later than January 23, 2007.
NORTHERN BORDER UAV PILOT
The conferees encourage the Secretary to work
expeditiously with the Administrator of the Federal Aviation
Administration to establish and conduct a pilot program to test
unmanned aerial vehicles for border surveillance along the
U.S.-Canada border at Northern Border airwing bases consistent
with section 551 of the Senate bill.
CONSTRUCTION
The conferees agree to provide $232,978,000 instead of
$175,154,000 as proposed by the House and $288,084,000 as
proposed by the Senate. This includes: $59,100,000 for
facilities to accommodate 1,500 additional Border Patrol
agents; $50,900,000 to accelerate the CBP master plan
construction; and $32,100,000 for the Advanced Training Center.
The conferees have funded the $106,006,000 requested for
fencing and tactical infrastructure in the new Border Security
Fencing, Infrastructure, and Technology appropriation. The
conferees include funding for the Ajo, Arizona station at no
less than the requested level. The conferees direct CBP to
provide a spending plan and a revised master plan consistent
with the Senate report to the Committees on Appropriations that
reflects all funding provided for CBP major construction in
this Act and in P.L. 109-234.
Immigration and Customs Enforcement
SALARIES AND EXPENSES
The conferees agree to provide $3,887,000,000 for
Immigration and Customs Enforcement (ICE) salaries and
expenses, instead of $3,850,257,000 as proposed by the House
and $3,798,357,000 as proposed by the Senate. This includes
$153,400,000 for additional bed space capacity, with
corresponding personnel and support, $94,000,000 for additional
removal and transportation capacity, and $76,000,000 for 23
additional fugitive operations teams and associated bed space.
When these new resources are combined with fiscal year 2006
supplemental funding, ICE will sustain an average bed space
capacity of 27,500, as proposed by the President.
The conference agreement includes further new funding, as
follows: $4,600,000 for internal controls and procurement
management; $5,000,000 for the Office of Professional
Responsibility; $10,000,000 for Compliance Enforcement Units;
$30,000,000 for expanded Worksite Enforcement efforts;
$20,000,000 for additional vehicles for Detention and Removal
Operations; $10,000,000 for additional vehicles for the Office
of Investigations; $6,800,000 for the Trade Transparency Unit;
$2,000,000 for the Criminal Alien Program; $2,500,000 for
Alternatives to Detention; and $1,000,000 for the Human
Smuggling and Trafficking Center.
Finally, the agreement includes: $21,806,000 for the Law
Enforcement Support Center; $5,400,000 for training to support
implementation of section 287(g) of the Immigration and
Nationality Act; $3,100,000 for the costs of salaries,
equipment and operations for the Customs Patrol Officers
(``Shadow Wolves'') to reflect their transfer from U.S. Customs
and Border Protection; $8,000,000 for the Cyber Crimes Center
and support of its Child Exploitation Unit, including
$5,000,000 for continued investment in computer forensic
storage and digital evidence processing capacity; $4,750,000 to
continue textile transshipment efforts; and $2,000,000 for what
the conferees expect to be the final year for ICE to fund the
Legal Orientation Program. The following table specifies
funding by budget activity:
------------------------------------------------------------------------
------------------------------------------------------------------------
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services and $140,000,000
other...........................................
Headquarters Managed IT investment........... 134,013,000
------------------
Subtotal, Headquarters Management and 274,013,000
Administration..............................
Legal Proceedings.................................... 187,353,000
Investigations:
Domestic Operations.............................. 1,285,229,000
International Operations......................... 104,681,000
------------------
Subtotal, Investigations..................... 1,389,910,000
Intelligence......................................... 51,379,000
Detention and Removal:
Custody Operations............................... 1,381,767,000
Transportation and Removal....................... 238,284,000
Fugitive Operations.............................. 183,200,000
Criminal Alien Program........................... 137,494,000
Alternatives to Detention........................ 43,600,000
------------------
Subtotal, Detention and Removal.............. 1,984,345,000
==================
Total, Salaries and Expenses............. $3,887,000,000
------------------------------------------------------------------------
DETENTION AND REMOVALS REPORTING
The conferees direct ICE to submit a quarterly report to
the Committees on Appropriations as described in the Senate
report, with the first fiscal year 2007 quarterly report due no
later than January 30, 2007.
DETAINEE BONDS
The conferees direct ICE to submit a report to the
Committees on Appropriations on how to improve information
sharing and cooperation with detention bondholders, including
incentives to reduce the number of aliens who abscond after
receiving final Orders of Removal, and to locate and remove
absconders.
LEGAL ORIENTATION PROGRAM
The conferees concur with the language expressing support
for the Legal Orientation Program as contained in House Report
109-476 and, consistent with the direction in the fiscal year
2006 Appropriations Act, strongly direct ICE and the Department
to work with the Executive Office for Immigration Review and
the Office of Management and Budget to ensure any future
funding for this program is included in appropriations requests
for the Department of Justice.
SECTION 287(G) ASSISTANCE
The conferees include $5,400,000 for the costs associated
with implementing section 287(g) of the Immigration and
Nationality Act. The conferees expect funding to be used for
the training and other ICE operational costs directly
associated with implementing cooperative efforts with state and
local law enforcement pursuant to section 287(g) of the
Immigration and Nationality Act, and not to acquire or provide
information technology infrastructure for participating state
and local law enforcement agencies. The conferees direct ICE to
provide the Committees on Appropriations, not later than
December 1, 2006, a detailed expenditure plan for use of
section 287(g) funding appropriated in fiscal years 2006 and
2007, to include direct assistance to state and local agencies,
and an updated report no later than June 1, 2007.
DETENTION MANAGEMENT AND CONSOLIDATION
The conferees expect ICE to make the best possible use of
its detention funding, and are concerned the Secretary has not
yet transmitted the national detention management plan required
by the fiscal year 2006 Appropriations Act, keeping $5,000,000
unavailable for obligation. The conferees direct this report be
released as soon as possible and expect it to address the
elements in the House report, including mechanisms ICE will use
to accomplish consolidation and regional approaches described
in its April 2006 report on a national detention contract
approach.
IMMIGRATION ENFORCEMENT COOPERATION WITH STATE AND LOCAL GOVERNMENT
The conferees are greatly concerned with the burden of
illegal immigration on state and local law enforcement
agencies, and agree with the language in the House report
calling for expanded cooperation between federal, state and
local law enforcement agencies. To explore a more comprehensive
approach, the conferees direct ICE, in coordination with the
Secure Border Coordination Office, to examine the feasibility
of establishing high intensity immigration trafficking and
smuggling areas, analogous to existing programs directed at
countering drugs and money laundering. The conferees include
$1,000,000 under Domestic Investigations for this purpose and
direct ICE to submit its findings and implementation options to
the Committees on Appropriations no later than June 30, 2007.
UNACCOMPANIED ALIEN MINORS
The conferees are concerned by reports of unaccompanied
alien children not being routinely transferred from DHS custody
to the Office of Refugee Resettlement (ORR) within the three-
to-five day timeframe stipulated in the 1996 Flores Settlement
agreement, but held in unacceptable conditions (e.g., Border
Patrol stations or jail-like facilities) for many days. The
conferees direct ICE to contact ORR immediately upon
notification of apprehension of such children, and ensure these
children are transferred to ORR custody within 72 hours. The
conferees also direct ICE to continue negotiations with ORR to
resolve differences over processing and transfer of custody; to
explore transfer of responsibility for such children to ORR;
and to encourage ORR to establish facilities near DHS detention
facilities. The conferees direct ICE, in conjunction with CBP,
to submit a report to the Committees on Appropriations,
detailing by month for each of fiscal years 2005 and 2006: the
number of unaccompanied alien minors detained by DHS for 72
hours or less, and the number held more than 72 hours, with an
explanation for each child held in excess of 72 hours. Further,
the report should include recommendations for actions to
improve coordination between DHS and ORR. The conferees direct
ICE to consider using holistic age-determination methodologies
as described in the House report.
The conferees are also concerned about the dearth of
repatriation services for such children, who face uncertain
fates in their homelands, and urge DHS, in consultation with
the Department of State and ORR, to develop policies and
procedures to ensure such children are safely repatriated to
their home countries, including placement with their families
or other sponsoring agencies.
ICE FIELD OFFICES
The conferees direct ICE to submit a report on the costs
and need for establishing sub-offices in Colorado Springs and
Greeley, Colorado.
VISA SECURITY PROGRAM
The conferees are disturbed bureaucratic obstacles have
prevented ICE from deploying Visa Security Units (VSU) to key
overseas locations, needlessly preventing highly trained
personnel from taking their posts overseas, and leaving
critical gaps in our ability to identify individuals from high-
risk areas who should not acquire U.S. visas and travel to the
U.S. The conferees direct the Secretary, in consultation with
the Secretary of State, to brief the Committees on
Appropriations not later than January 23, 2007, on progress in
staffing its overseas locations, listing all planned and actual
VSU positions and funding for fiscal years 2006 and 2007; the
number of positions and locations not yet filled; the numbers
and posting of VSU officers not deployed to their intended
locations; and specific actions planned and underway, resources
required, and administrative decisions necessary to ensure all
planned visa security units are fully operational as soon as
possible.
TEXTILE TRANSSHIPMENT ENFORCEMENT
The conferees include $4,750,000 to continue textile
transshipment enforcement and direct ICE to report on its
execution of the five-year strategic plan submitted to
Congress, including details on ICE textile enforcement cases
(number initiated, closed, and resulting in prosecutions,
arrests, and penalties), as well as a status report of
personnel responsible for enforcing textile laws.
FEDERAL PROTECTIVE SERVICE
The conferees agree to provide bill language making
revenues and security fees collected by the Federal Protective
Service (FPS) available until expended, without the limitation
of $516,011,000 proposed by the House and Senate, and requiring
a report from the Secretary on FPS financial management. The
conferees understand the current projection for fiscal year
2007 collections is $567,000,000, and direct FPS to notify the
Committees on Appropriations should this estimate change.
FPS FINANCIAL MANAGEMENT
The conferees are disappointed with the slow response of
the Department and the Office of Management and Budget (OMB) to
the growing FPS funding shortfall. OMB and the Department
failed to evaluate and properly set fees for fiscal year 2006,
allowing a festering funding imbalance to explode into full-
blown crisis, forcing reductions in other homeland security
priorities. Furthermore, the Department has indicated FPS could
face even larger shortfalls in fiscal year 2007. The conferees
direct ICE, the Department, and OMB, as they continue efforts
to resolve weaknesses in FPS financial management and
procurement, to ensure no transfers are used to cover basic FPS
operations, activities and investment. The conferees expect
such fiscal year 2007 costs to be covered by the fees FPS
assesses and collects from the federal agencies whose
facilities it protects. The conferees direct the Secretary, in
consultation with OMB, to report to the Committees on
Appropriations no later than November 1, 2006, on the extent
and cause of any budgetary shortfall; the Department's detailed
plan to provide sufficient revenue to operate in fiscal year
2007; and how the Department will fix FPS financial,
procurement, and accounting processes and policies.
Furthermore, the conferees direct the Secretary to submit an
updated report no later than April 30, 2007, including actual
and estimated collections and obligations by month for the full
fiscal year.
AUTOMATION MODERNIZATION
The conferees agree to provide $15,000,000 for Automation
Modernization instead of no appropriation as proposed by the
House and $20,000,000 as proposed by the Senate. Of these
funds, $13,000,000 may not be obligated until the Committees on
Appropriations receive and approve an expenditure plan.
CONSTRUCTION
The conferees agree to provide $56,281,000 instead of
$26,281,000 as proposed by the House and $101,281,000 as
proposed by the Senate. The conferees include $30,000,000 for
infrastructure improvements at current Detention Centers in
order to improve the overall efficiency of the detention
process, as described in the Senate report. The conferees
direct the Department to submit a detailed spending plan for
the infrastructure improvement project described in the Senate
report.
The following table specifies funding by project and
activity:
------------------------------------------------------------------------
------------------------------------------------------------------------
Projects and Activity:
Krome, Florida: 250-bed secure dormitory......... $ 6,409,000
Krome, Florida, maintenance...................... 5,000,000
Port Isabel, Texas, Infrastructure............... 9,000,000
Facility Repair and Alterations.................. 5,872,000
Infrastructure Improvement Project............... 30,000,000
------------------
Total, Construction.......................... 56,281,000
------------------------------------------------------------------------
Transportation Security Administration
AVIATION SECURITY
The conferees agree to provide $4,731,814,000 instead of
$4,704,414,000 as proposed by the House and $4,751,580,000 as
proposed by the Senate. In addition to the amounts
appropriated, a mandatory appropriation of $250,000,000 is
available to support the Aviation Security Capital Fund. Bill
language is also included to reflect the collection of
$2,420,000,000 from aviation user fees as authorized. The
following table specifies funding by budget activity:
------------------------------------------------------------------------
------------------------------------------------------------------------
Screener Workforce:
Privatized screening............................. $148,600,000
Passenger and baggage screeners, personnel, 2,470,200,000
compensation and benefits.......................
------------------
Subtotal, screener workforce................. 2,618,800,000
Screening training and other......................... 244,466,000
Human resource services.............................. 207,234,000
Checkpoint support................................... 173,366,000
EDS/ETD Systems......................................
EDS purchase..................................... 141,400,000
EDS installation................................. 138,000,000
EDS/ETD maintenance.............................. 222,000,000
Operation integration............................ 23,000,000
------------------
Subtotal, EDS/ETD systems.................... 524,400,000
==================
Total, screening operations.............. $3,768,266,000
Aviation, regulation and other enforcement........... 217,516,000
Airport management, information technology and 666,032,000
support.............................................
Federal flight deck officer and flight crew training. 25,000,000
Air cargo............................................ 55,000,000
------------------
Subtotal, aviation security direction and 963,548,000
enforcement.................................
==================
Total, Aviation Security................. $4,731,814,000
------------------------------------------------------------------------
STAFFING LEVELS
The conferees agree to provide $2,470,200,000 for federal
screeners, as requested in the budget. The conferees continue
longstanding bill language capping the full-time equivalent
(FTE) workforce at 45,000 as proposed by the House. The
conferees expect the Transportation Security Administration
(TSA) to have no more than 45,000 FTE screeners by the end of
fiscal year 2007. At this time, TSA is about 4,000 screeners
below this level. As such, the conferees recognize TSA may need
to realign its workforce throughout the year due to attrition
or advances in detection technologies. TSA has the flexibility
to hire screeners during the fiscal year at those airports
where additional or replacement screeners are necessary to
maintain sufficient aviation security and customer service.
PRIVATIZED SCREENING AIRPORTS
The conferees agree to provide $148,600,000 as proposed
by the House and the Senate. TSA is directed to notify the
Committees on Appropriations if TSA expects to spend less than
the appropriated amount due to situations where no additional
airports express interest in converting, either fully or
partially, to privatized screening, or where airports currently
using privatized screening convert to using federal screeners.
TSA shall adjust its program, project, and activity (PPA) line
items, within ten days, to account for any changes in private
screening contracts and screener personnel, compensation and
benefits to reflect the award of contracts under the screening
partnership program, or the movement from privatized screening
into federal screening.
SCREENERS AT COMMERCIAL AIRPORTS AND HELIPORTS
The conferees are concerned with TSA's current screening
policy at 24 commercial airports and heliports in the United
States that have requested TSA screening but continue to
operate with temporary screening or none at all. The conferees
remind TSA that section 44901 of the Aviation and
Transportation Security Act requires all passengers to be
screened, by either TSA or contracted screeners, before they
board commercial aircraft. Vision 100--the Century of Aviation
Reauthorization Act (P.L. 108-176) further clarified TSA's
screening requirements for charter air carriers with a maximum
take-off weight of more than 12,500 pounds and for the
deployment of screeners to certain airports. The conferees
direct TSA to provide screening at those airports and heliports
that have requested screening and encourage TSA to consider
contracting out the screening function if TSA does not believe
it would be efficient to place TSA personnel in these
locations.
CHECKPOINT SUPPORT
The conferees agree to provide $173,366,000 as proposed
by the House instead of $180,966,000 as proposed by the Senate.
TSA shall place a priority on expanding the use of emerging
technologies at the highest risk airports so screeners can
better detect threats to our aviation system. The conferees do
not increase funding for this activity above the budget request
because TSA projects it will have about $56,000,000 in
carryover balances from previous fiscal years to address
checkpoint support activities in 2007. The conferees direct TSA
to develop a strategic plan for screening passengers and carry
on baggage for all types of explosives, including a timeline
for deploying emerging technologies to airports and the percent
of passengers and carry on baggage currently and projected to
be screened by these emerging technologies. This plan should
take into account appropriations included in this Act, as well
as all prior year unobligated balances.
EXPLOSIVE DETECTION SYSTEMS PURCHASES
The conferees agree to provide $141,400,000 for explosive
detection systems (EDS) procurement as proposed by the Senate
instead of $136,000,000 as proposed by the House. Of this
total, up to $6,000,000 shall be for refurbishment of EDS
machines to maximize and extend the useful life of those EDS
machines manufacturers are willing to place back under
warranty. In addition, $47,000,000 shall be for the procurement
of multiple next-generation, in-line and stand alone EDS
systems. The conferees direct that no EDS funding shall be used
to procure explosive trace detection machines (ETDs) unless
they are necessary for secondary screening of checked baggage,
to replace an aging ETD system in those airports that are
primarily dependent on ETD technologies, or to procure new ETD
systems for new, small airports or heliports that are
federalized.
EDS INSTALLATIONS
The conferees agree to provide a total of $388,000,000
for EDS installation, including $250,000,000 in mandatory
funding from the Aviation Security Capital Fund and
$138,000,000 in this Act. This funding is sufficient to fulfill
the Letters of Intent, install next-generation EDSs at airports
nationwide, and complete other pending airport modifications.
EDS/ETD MAINTENANCE
The conferees agree to provide $222,000,000 for EDS/ETD
maintenance instead of $234,000,000 as proposed by the House
and $210,000,000 as proposed by the Senate. The conferees
encourage TSA to combine funding for maintenance of all
equipment (Checkpoint, EDS, and ETD) into one PPA in fiscal
year 2008 to provide a more complete picture of all maintenance
costs for equipment deployed throughout our nation's airports.
AIR CARGO
TSA has been slow to obligate funding for air cargo
security. TSA projects one-tenth of the air cargo budget will
be carried into fiscal year 2007. The conferees encourage TSA
to use some of these unobligated balances or the fiscal year
2007 appropriation to hire additional permanent staff to
enhance TSA's analytic air cargo security capabilities.
WAIT TIMES
The conferees direct TSA to review airport wait times
over the past three years, identify those airports with above
average times, and provide this review with the fiscal year
2008 budget.
ALTERNATIVE SCREENING PROCEDURES
Both the House and Senate reports expressed concern over
TSA's occasional use of alternative screening procedures. The
conferees support reporting requirements contained in both
House Report 109-476 and Senate Report 109-273, including:
develop performance measures and targets; track the use of
alternative screening procedures at airports; assess the
effectiveness of these measures; conduct covert testing at
airports using these techniques; and develop a plan to stop
alternative screening measures. TSA shall report to the
Committees on Appropriations; the House Committee on Homeland
Security; and the Senate Committee on Commerce, Science and
Transportation on implementation of these requirements.
CHANGES TO AVIATION SECURITY POLICY
The conferees are aware that TSA is considering revising
the aviation security policy. These revisions may require
changes to staffing, such as who monitors airport exit lanes,
who may be a ticket checker, and who may move baggage to and
from EDS machines. Each of these policy decisions has a cost
implication. Before moving forward with any proposed change,
TSA shall brief the Committees on Appropriations on the
security and fiscal impact of each change and outline the
ramifications to the fiscal year 2007 appropriation. If these
costs exceed transfer and reprogramming thresholds, TSA must
notify the Committees as required by section 503 of this Act.
PROHIBITED ITEMS
The conferees direct the Comptroller General to report to
the Committees on Appropriations no later than six months after
the enactment of this Act on the impact on public safety and on
the effectiveness of screening operations resulting from the
modification announced by TSA on December 2, 2005, to the list
of items permitted and prohibited from being carried aboard a
passenger aircraft.
SURFACE TRANSPORTATION SECURITY
The conferees agree to provide $37,200,000 as proposed by
the House and the Senate. Within this total, $24,000,000 is for
surface transportation staffing and operations and $13,200,000
is for rail security inspectors and canines.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
The conferees agree to provide a direct appropriation of
$39,700,000 instead of $74,700,000 as proposed by the House and
$29,700,000 as proposed by the Senate. In addition, the
conferees anticipate TSA will collect $76,101,000 in fees.
Funding is provided as follows:
Direct Appropriation:
Secure flight....................................... $15,000,000
Crew vetting........................................ 14,700,000
Screening administration and operations............. 10,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, direct appropriations................... 39,700,000
Fee Collections:
Registered traveler................................. 35,101,000
Transportation worker identification credential..... 20,000,000
Hazardous materials................................. 19,000,000
Alien flight school (transfer from DOJ)............. 2,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, fee collections......................... 76,101,000
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The conferees are very supportive of expeditious
implementation of the transportation worker identification
credential (TWIC) program. Because TSA submitted a
reprogramming request to expedite this program, a direct
appropriation is no longer necessary in fiscal year 2007. The
conferees do not incorporate either House or Senate language on
TWIC.
SECURE FLIGHT
The conferees agree to provide $15,000,000 as proposed by
the Senate instead of $40,000,000 as proposed by the House.
While the conferees remain supportive of the Secure Flight
concept, TSA has been reviewing and rebaselining this program
since the beginning of 2006, resulting in further delays to
this program. At this time, TSA cannot justify its fiscal year
2007 budget request, cannot explain how this program will move
forward or detail the associated costs. More than $21,000,000
of funding provided in fiscal year 2006 will remain available
for obligation in fiscal year 2007. Within 90 days after
enactment of this Act, TSA shall submit a detailed plan on
achieving key milestones, as well as certification of this
program as discussed in section 514 of this Act.
In addition, the conferees are concerned TSA has made
little progress in ensuring the security of its Secure Flight
passenger screening program, and because of this, names are
checked only against the No Fly and Selectee lists, not the
full terrorist watch list. The conferees direct TSA to provide
a detailed program plan if the Administration believes that
security vulnerability exists between the lists used for Secure
Flight and the full terrorist watch list as discussed in the
House report.
TECHNICAL ASSISTANCE TO AIRLINES
The conferees direct TSA to provide airlines with
technical or other assistance to better align their reservation
and ticketing systems with terrorist databases to assist in
alleviating travel delays and other problems associated with
mistaken identification.
SCREENING ADMINISTRATION AND OPERATIONS
The conferees agree to provide $10,000,000 for screening
administration and operations. The conferees expect these funds
may be used to support the following programs, if necessary:
transportation worker identification credential, armed law
enforcement officer identity verification, alien flight school,
and sterile area credential checks. None of the funds may be
used to augment the Secure Flight program. In addition, the
conferees do not expect these funds to be used to pay for
airmen and pilot checks, activities that are currently a
Federal Aviation Administration responsibility. TSA shall
provide the Committees on Appropriations a plan further
elaborating how these funds will be utilized by January 23,
2007.
TRANSPORTATION SECURITY SUPPORT
The conferees agree to provide $525,283,000 instead of
$503,283,000 as proposed by the House and $618,865,000 as
proposed by the Senate. The conferees are aware of a large
number of vacancies within this program. Funding is provided as
follows:
Headquarters administration............................. $294,191,000
Information technology.................................. 210,092,000
Intelligence............................................ 21,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, transportation security support........... 525,283,000
EXPENDITURE PLAN
The conferees include bill language requiring TSA to
submit an expenditure plan to the Committees on Appropriations
detailing explosive detection systems procurement,
refurbishment, and installation on an airport-by-airport basis
for fiscal year 2007 no later than 60 days after enactment of
this Act, as discussed in the House report. The conferees
include bill language withholding $5,000,000 from obligation
until this plan is received.
TRANSPORTATION SECURITY LABORATORY
The conferees do not agree to a Senate provision
transferring the Transportation Security Lab (TSL) from the
Science and Technology Directorate (S&T) to TSA. This action is
taken in large part as a result of the successful negotiation
of a Memorandum of Understanding between the two agencies
signed on August 22, 2006. The conferees direct TSA to work
with S&T to determine appropriate research and technology
requirements to sustain current and advance future aviation
security capabilities. Further, S&T should clearly reflect
resource needs for the TSL in the fiscal year 2008 budget
request to achieve these requirements. The conferees further
direct S&T to work expeditiously with TSA to develop a research
execution plan that meets the needs of TSA within the amounts
provided.
FINANCIAL MANAGEMENT
The conferees are concerned financial management within
TSA has not fully recovered from the lack of internal controls
that were in place in its two start-up years. The conferees
understand the TSA may face financial obligations due to this
mismanagement and direct TSA to work expeditiously to determine
if a violation of the Anti-Deficiency Act took place. If there
is a shortfall, TSA shall submit a plan to the Committees on
Appropriations that addresses the shortfall.
FEDERAL AIR MARSHALS
The conferees agree to provide $714,294,000 for the
Federal Air Marshals (FAMs) instead of $699,294,000 as proposed
by the House and the Senate. Within this total, $628,494,000 is
for management and administration and $85,800,000 is for travel
and training.
MULTI-MODAL SECURITY ENHANCEMENT TEAMS
TSA has been piloting a program to use FAMs in multi-
modal security enhancement teams to counter potential criminal
or terrorist activities throughout the transportation sector,
as well as supplement local or state law enforcement agencies
in railroad and transit systems, within ports, and on ferries.
The conferees recognize that this mission goes beyond what has
been authorized for FAMs. Following the events in London, it is
imperative air marshals first and foremost focus is protecting
the aviation environment, including passenger flights deemed to
be a high security threat, before expanding their roles into
other transportation modes.
United States Coast Guard
OPERATING EXPENSES
The conferees agree to provide $5,477,657,000 instead of
$5,481,643,000 as proposed by the House and $5,534,349,000 as
proposed by the Senate. Within this amount, $340,000,000 is
available for defense-related activities as proposed by both
the House and the Senate. The conferees have fully funded the
budget request except $5,986,000 is reduced from centrally
managed accounts due to high unobligated balances and no
funding is provided for the new Coast Guard headquarters at the
St. Elizabeths campus. In addition, the conferees include
$15,000,000 for port security inspections to double the amount
of foreign port assessments, to conduct unannounced inspections
of domestic port facilities, and for additional port
vulnerability and threat assessments, if necessary. Funding for
operating expenses shall be allocated as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Military pay and allowance:
Military pay and allowance....................... $2,342,434,000
Military health care............................. 337,324,000
Permanent change of station...................... 108,518,000
------------------
Subtotal, military pay and allowance......... 2,788,276,000
Civilian pay and benefits:........................... 569,434,000
Training and recruiting:
Training and education........................... 83,556,000
Recruitment...................................... 97,320,000
------------------
Subtotal, training and recruiting............ 180,876,000
Operating funds and unit level maintenance:
Atlantic Command................................. 188,982,000
Pacific Command.................................. 196,449,000
1st District..................................... 50,388,000
7th District..................................... 63,771,000
8th District..................................... 39,985,000
9th District..................................... 28,756,000
13th District.................................... 20,569,000
14th District.................................... 15,754,000
17th District.................................... 25,604,000
Headquarters directorates........................ 255,253,000
Headquarters managed units....................... 125,104,000
Other activities................................. 759,000
------------------
Subtotal, operating funds and unit level 1,011,374,000
maintenance.................................
Centrally managed accounts:.......................... 201,968,000
Intermediate and depot level maintenance:
Aeronautical maintenance......................... 265,979,000
Electronic maintenance........................... 111,736,000
Civil/ocean engineering and shore facilities 176,394,000
maintenance.....................................
Vessel maintenance............................... 156,620,000
------------------
Subtotal, intermediate and depot level 710,729,000
maintenance.................................
Port security inspections:........................... 15,000,000
==================
Total, operating expenses.................... 5,477,657,000
------------------------------------------------------------------------
PERSONNEL
Bill language is provided in this Act to allow the Coast
Guard to transfer up to five percent of the Operating Expenses
(OE) appropriation to the Acquisition, Construction, and
Improvements (AC&I) appropriation for personnel, compensation
and benefits provided notice is given to the Committees on
Appropriations within 30 days of the transfer. The conferees
are aware of the Coast Guard's interest in consolidating OE and
AC&I personnel funding in the OE account in order to provide
greater flexibility to meet changing personnel requirements.
While the conferees support this consolidation, a new PPA
structure reflective of this consolidation does not accompany
this Act in order to allow the Coast Guard to provide
sufficient background materials to the Committees. The
conferees encourage the Coast Guard to include the
consolidation of OE and AC&I personnel funding, and personnel
funding in other accounts, as appropriate, into the OE account
in its fiscal year 2008 budget submission. The budget
submission shall include a crosswalk of the merged accounts,
which tracks personnel and resources from the current PPA
structure to the new structure proposed in the budget
submission.
NEW HEADQUARTERS BUILDING
The conferees have not provided funding for a new Coast
Guard headquarters building. According to DHS, relocating the
Coast Guard headquarters to St. Elizabeths campus in
Washington, D.C. would be the first phase of a larger effort to
move most or all of DHS headquarters' functions to that
location. However, the Department has not finalized a plan
identifying what specific components would move to the site;
the total space requirements for DHS headquarters; and total
costs associated with using the St. Elizabeths site as a
headquarters' location. Until such a plan has been completed
and reviewed by Congress, it is premature to relocate the Coast
Guard headquarters.
MERCHANT MARINERS LICENSING
The conferees support increasing locations where merchant
mariner applicants may appear for fingerprinting and
identification, as discussed in the House report, and direct
the Coast Guard to complete this new rule expeditiously.
LONG RANGE AIDS TO NAVIGATION (LORAN)-C
The President's budget proposed terminating the LORAN-C
program. The conferees assume the continuation of the LORAN-C
program until: (1) the appropriate entities within the
Executive Branch have agreed in writing to the termination, (2)
the public has been notified, and (3) the appropriate countries
have been notified under existing international agreements.
Within 15 days of a coordinated Executive Branch decision to
terminate LORAN-C, the Coast Guard is directed to provide a
report to the Committees on Appropriations on the entities
within the Executive Branch that agreed to the termination, the
date such entities agreed to the termination, and names of the
officials who agreed to the termination. Further, the report
shall also include the date and methods used to notify the
public and foreign countries, as appropriate under existing
international agreements, of the program's termination.
INAPPROPRIATE BEHAVIOR AT THE COAST GUARD ACADEMY
As discussed in the House report, the conferees direct
GAO to study the progress made by the Coast Guard Academy in
response to sexual harassment claims and report its findings to
the Committees on Appropriations; the House Committee on
Transportation and Infrastructure; and the Senate Committee on
Commerce, Science and Transportation no later than 180 days
after enactment.
LIVE-FIRE EXERCISES
The conferees are concerned Coast Guard's recent proposal
to establish live-fire zones on the Great Lakes was not well-
coordinated with the public, and therefore direct Coast Guard
to provide public notice of safety zone closures for weapons
training beyond just marine band radio to include notices to
harbormasters and local media.
REPORT ON BASE CLOSURES AND THE FEDERAL CITY PROJECT
The conferees direct Coast Guard to comply with the
reporting requirement of Senate bill section 553 no later than
90 days after the enactment of this Act.
MISSION HOUR EMPHASIS AND ACQUISITION REPORTS
The conferees direct Coast Guard to continue submitting
quarterly mission hour emphasis and acquisition reports to the
Committees on Appropriations consistent with the deadlines
articulated under section 360 of Division I of Public Law 108-
7.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The conferees agree to provide $10,880,000 as proposed by
the Senate instead of $11,880,000 as proposed by the House.
RESERVE TRAINING
The conferees agree to provide $122,448,000 instead of
$122,348,000 as proposed by the House and $123,948,000 as
proposed by the Senate.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The conferees agree to provide $1,330,245,000 instead of
$1,139,663,000 as proposed by the House and $1,145,329,000 as
proposed by the Senate. Funding is provided as follows:
Vessels and Critical Infrastructure:
Response boat medium................................ $24,750,000
Special purpose craft-law enforcement............... 1,800,000
--------------------------------------------------------
____________________________________________________
Subtotal, vessels and critical infrastructure... 26,550,000
Aircraft:
Replacement HH-60 aircraft.......................... 15,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, aircraft.............................. 15,000,000
Other Equipment:
Rescue 21........................................... 39,600,000
Automatic identification system..................... 11,238,000
High frequency recap................................ 2,475,000
National Capital Region air defense................. 66,510,000
--------------------------------------------------------
____________________________________________________
Subtotal, Other Equipment....................... 119,823,000
Shore Facilities and Aids to Navigation................. 22,000,000
Personnel and Related Support:
Direct personnel costs.............................. 80,500,000
AC&I core........................................... 500,000
--------------------------------------------------------
____________________________________________________
Subtotal, Personnel and Related Support......... 81,000,000
Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft........................ 148,116,000
VTOL unmanned aerial vehicles (UAVs)............ 4,950,000
HH-60 conversion projects....................... 49,302,000
HC-130H conversion/sustainment projects......... 48,955,000
HH-65 re-engining project....................... 32,373,000
Armed helicopter equipment...................... 55,740,000
C-130J missionization........................... 4,950,000
--------------------------------------------------------
____________________________________________________
Subtotal, Aircraft.......................... 344,386,000
Surface Ships:
National security cutter, construction.......... 417,780,000
Fast response cutter............................ 41,580,000
IDS patrol boat long range interceptor.......... 1,188,000
Medium endurance cutter sustainment............. 45,318,000
Replacement patrol boat......................... 48,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Surface Ships......................... 553,866,000
C4ISR............................................... 50,000,000
Logistics........................................... 36,000,000
System engineering and management................... 35,145,000
Government program management....................... 46,475,000
--------------------------------------------------------
____________________________________________________
Subtotal, Integrated Deepwater System........... 1,065,872,000
========================================================
____________________________________________________
Total, Acquisition, Construction, and
Improvements.............................. 1,330,245,000
REPLACEMENT PATROL BOAT
The conferees remain concerned with the lack of Coast
Guard leadership in addressing the impending patrol boat crisis
and note Coast Guard's surface ship management assessment is
``red'' for cost, schedule and contract administration. The
Coast Guard has yet to decide the deployment profile, dry-
docking, service life, crewing, and concept of operations of
the much needed replacement patrol boat in part because the
Coast Guard did not admit to the need for a replacement patrol
boat until recently despite repeated direction from the
conferees. Given the significant gap in patrol boat hours and
the delays of the Fast Response Cutter (FRC) program, the
conferees strongly encourage the Coast Guard to proceed
expeditiously to evaluate replacement patrol boat designs and
conduct a proposal effort as early in 2007 as possible. The
conferees provide $126,693,508 for replacement patrol boats to
address an immediate need. This funding consists of a
reappropriation of $78,693,508 as discussed in section 521 of
this Act and a new appropriation of $48,000,000 as shown on the
table above. Any delay in this acquisition negates the purpose
of this funding: to fill the gap in patrol boat hours until the
Fast Response Cutters are operational. This funding may also be
used for service life extensions of the existing 110-foot
Island class patrol boats, which become increasingly critical
as replacement patrol boat decisions are delayed. The conferees
direct the Coast Guard to provide monthly briefings on the
patrol boat replacement effort and development of FRC, as well
as a detailed plan for the replacement patrol boat, including
critical decision points and dates, and planned service life
extensions of existing 110-foot patrol boats, within two months
after enactment of this Act.
C4ISR
Even though C4ISR is pointed to by the Coast Guard as a
Deepwater success due to new capabilities like AIS and SIPRNET,
Coast Guard listed C4ISR design efforts as over cost and behind
schedule in a report submitted to the Committees on
Appropriations in August 2006. The conferees understand a stop
work order has been issued for Increment 2 and this increment
is being ``rescoped''. The conferees are concerned the Coast
Guard needs to devote more management attention to resolving
C4ISR design problems and directs the Coast Guard to provide a
briefing on its plan to resolve them. Furthermore, the
conferees direct the Coast Guard to improve the linkage between
C4ISR and demonstrate its value to operations.
RESCUE 21
The conferees agree to provide $39,600,000 for Rescue 21.
Funding may be expended to complete the Anuenue Project as
proposed by the Senate. Bill language limiting the obligation
of funding for vessel subsystem, as proposed by the House, is
not included.
The Rescue 21 program has had repeated problems with
software development, cost overruns, and schedule delays,
causing the Coast Guard to terminate the vessel subsystem
portion of this contract. Due to past failures, the conferees
direct the Coast Guard to brief the Committees on
Appropriations on a quarterly basis, the first briefing by
January 31, 2007, on the status of this program and provide
supporting documentation, including a detailed breakout of its
revised cost and schedule and fully justify each estimate, as
discussed in the House report.
REPLACEMENT OF GULFPORT STATION
Public Law 109-234 provides funds for the relocation of
the Coast Guard Station in Gulfport, Mississippi. Due to
changing circumstances after Hurricane Katrina, these funds are
for design and construction of a replacement station on the
current site in keeping with the architectural design of the
community.
COUNTERTERRORISM TRAINING INFRASTRUCTURE SHOOT HOUSE
The conferees do not provide funding for the
counterterrorism training infrastructure shoot house as
proposed by the House instead of $1,683,000 as proposed by the
Senate. While the conferees are not predisposed against the
need for a counterterrorism training infrastructure shoot
house, the Coast Guard failed to adequately explain the
complete costs of this project and outyear funding needs.
ALTERATION OF BRIDGES
The conferees agree to provide $16,000,000 instead of
$17,000,000 as proposed by the House and $15,000,000 as
proposed by the Senate. Within this total, funds shall be
allocated as follows:
Burlington Northern Railroad Bridge in Burlington, Iowa. $1,000,000
Canadian Pacific Railway Bridge in LaCrosse, Wisconsin.. 2,000,000
Chelsea Street Bridge in Chelsea, Massachusetts......... 3,000,000
Elgin, Joliet, and Eastern Railway Company Bridge in
Morris, Illinois.................................... 1,000,000
Fourteen Mile Bridge in Mobile, Alabama................. 7,000,000
Galveston Causeway Bridge in Galveston, Texas........... 2,000,000
--------------------------------------------------------
____________________________________________________
Total........................................... 16,000,000
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The conferees agree to provide $17,000,000 instead of
$13,860,000 as proposed by the House and $17,573,000 as
proposed by the Senate.
MEDICARE ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTION
The conferees include a permanent and indefinite
appropriation of $278,704,000 for Medicare-eligible retiree
health care fund contribution as proposed by both the House and
the Senate.
RETIRED PAY
The conferees agree to provide $1,063,323,000 as proposed
by both the House and the Senate.
United States Secret Service
NEW APPROPRIATIONS ACCOUNT STRUCTURE
The conferees are very concerned about the ability of the
U.S. Secret Service (USSS) to effectively align its resource
requirements to workload and mission needs. To ensure
accountability in budgeting for the dual missions of protection
and investigations, the conferees provide funding for the USSS
in a new appropriations account structure, depicted in detail
tables that follow. The conferees recognize the agency's
concerns regarding the ability of its budgetary systems to
obligate and track funds in line with this new structure and
have included language under the Office of the Chief Financial
Officer directing support in budget execution and the real-time
tracking of resource hours. The conferees direct the Secret
Service to apply the reprogramming and transfer guidelines
contained within section 503 of this Act, as needed, to adapt
to the new account structure as well as to preserve the
interdependent relationship between protection and
investigations. The conferees direct the USSS to report on the
status of its budgetary improvements, including the
implementation of refined performance metrics, as specified by
the House report.
PROTECTION, ADMINISTRATION, AND TRAINING
The conferees agree to provide $961,779,000 instead of
$956,399,000 as proposed by the House and $918,028,000 as
proposed by the Senate. This includes: $18,400,000 for
Presidential candidate nominee protection; $1,000,000 for
National Special Security Events; and an additional $11,500,000
to support the protection costs of the 2008 Presidential
Campaign and the President's post-Presidency protective detail.
Of the funds provided under this heading, $2,000,000 is not
available for obligation until the Committees on Appropriations
receive the overdue workload rebalancing report, specified in
the House report. The conferees include a general provision
(section 559) that rescinds $2,500,000 in unobligated balances
for National Special Security Events and reappropriates the
same amount, extending its availability until expended.
The following table specifies funding by budget program,
project, and activity:
Protection:
Protection of persons and facilities................ $651,247,000
Protective intelligence activities.................. 55,509,000
National Special Security Events.................... 1,000,000
Presidential Candidate Nominee Protection........... 18,400,000
White House mail screening.......................... 16,201,000
--------------------------------------------------------
____________________________________________________
Subtotal, Protection............................ 742,357,000
Administration Headquarters, management and
administration...................................... 169,370,000
Training: James J. Rowley Training Center............... 50,052,000
========================================================
____________________________________________________
Total, Protection, Administration, and
Training.................................. 961,779,000
2008 PRESIDENTIAL CAMPAIGN
The conferees do not agree to create a new appropriation
for protective activities related to the 2008 Presidential
Campaign and National Special Security Events and instead
provide requested funds in a separate program, project, and
activity within the Protection, Administration, and Training
appropriation. Funds provided for the 2008 Presidential
campaign are available until September 30, 2009. The conferees
direct the Secret Service to submit a comprehensive expenditure
plan, as specified by the House report, for the 2008
Presidential Campaign through the 2009 Presidential
inauguration. Further, the conferees direct the Secret Service
to submit quarterly reports, with the first report due on
January 23, 2007, on the status of filling the required special
agent billets to support the post-Presidency protective detail.
FUNDING PRIORITIES
The conferees are concerned with the Secret Service's
ability to address its critical resource needs while carrying
an apparent shortfall within base budget for protection. The
conferees have fully funded the request for protective
terrorist countermeasures at $17,200,000 and have provided an
additional $11,500,000 for the 2008 Presidential campaign and
the post-Presidency protective detail. Prior to the obligation
of these funds, the Secret Service shall assess the status of
its base budget shortfall in fiscal year 2007 and apply these
resources where required to meet the agency's highest priority
needs, in accordance with section 503 of this Act.
INVESTIGATONS AND FIELD OPERATIONS
The conferees agree to provide $311,154,000 instead of
$312,499,000 as proposed by the House and $304,205,000 as
proposed by the Senate. The amount provided under this heading
fully funds the budget request and includes: $236,093,000 for
domestic field operations; $22,616,000 for international field
office administration and operations, including an additional
$1,000,000 to support the costs of re-constituting a resident
office in Moscow, Russia; $44,079,000 for the Electronic Crimes
Special Agent Program and Electronic Crimes Task Forces; and
$8,366,000 for the National Center for Missing and Exploited
Children, of which $6,000,000 is for grants and $2,366,000 is
for forensic support.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees agree to provide $3,725,000 as proposed by
the House and Senate. Of the total provided under this heading,
$500,000 is unavailable for obligation until the Committees on
Appropriations receive the revised James J. Rowley Training
Center master plan.
TITLE III--PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
The conferees agree to provide $30,572,000 for management
and administration of the Preparedness Directorate as proposed
by the Senate instead of $39,468,000 as proposed by the House.
Included in this amount is $16,392,000 for the immediate Office
of the Under Secretary for Preparedness; $4,980,000 for the
Office of the Chief Medical Officer; $2,741,000 for the Office
of National Capital Region Coordination; and $6,459,000 for the
National Preparedness Integration Program (NPIP).
In spite of clear direction in sections 503 and 504 of
P.L. 109-90, the conferees are troubled by an apparent
disregard for consistent and transparent budget execution
within the Preparedness Directorate. As a result, the conferees
direct the Government Accountability Office (GAO) to review the
Department's use of shared services within the entire
Preparedness Directorate and report to the Committees on
Appropriations. The review shall focus on compliance with
appropriation law and the proper use of the Economy Act. The
conferees are concerned that the Preparedness Directorate is
funding new activities for which funds were not specifically
appropriated and are not shared services. The conferees direct
the Preparedness Directorate to provide all relevant supporting
documents to GAO on an expedited basis. The conferees further
direct the Preparedness Directorate to provide to the
Committees on Appropriations, within 30 days after enactment, a
budget execution plan by program, project, and activity.
NATIONAL CAPITAL REGION COORDINATION
The conferees are concerned that planning for evacuation
of the National Capital Region during a disaster has not
incorporated all of the pertinent officials from the
appropriate states. Despite requests for such officials to be
included by Congress and the effected states, no such joint
planning efforts have occurred. Therefore, the conferees
include bill language requiring the Preparedness Directorate to
include the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania in the National Capital Region
planning process for mass evacuations. Further, the conferees
direct the Preparedness Directorate to include officials from
the counties and municipalities that contain the evacuation
routes and their tributaries in the planning process. The
Secretary shall provide a report to the Committees on
Appropriations on the implementation of the planning process,
including a list of participants, no later than January 23,
2007, and quarterly thereafter, on the progress made to
implement such plans.
NATIONAL PREPAREDNESS INTEGRATION PROGRAM
The conferees note requests for a prioritization of the
initiatives proposed to be accomplished by the NPIP have not
been fulfilled. Without this prioritization, the conferees were
unable to support a level above that recommended by the Senate.
The conferees include bill language withholding the funds
provided for the NPIP until the Committees on Appropriations
receive and approve an expenditure plan.
The conferees are concerned with the concept of creating
a Federal Preparedness Coordinator (FPC) for placement in each
Federal Emergency Management Agency (FEMA) Regional Office. The
conferees agree that an official overseeing preparedness by
region is appropriate. However, the conferees are not convinced
that creating a senior executive position in the Preparedness
Directorate, who reports through a chain of command that does
not include response and recovery personnel in FEMA, will
further the nation's readiness. Separating preparedness and
response functions is detrimental during a disaster and, as
demonstrated in past disasters, leads to a lack of
communication and a lack of situational awareness, with dire
consequences. During emergencies, state emergency managers need
clear communications and missions, not confusion and
redundancy. The conferees direct the Under Secretary to focus
NPIP funding on plan modernization and resolving
interoperability issues, as outlined by the Under Secretary,
and discourage the use of funds to hire FPCs.
NATIONAL PREPAREDNESS GOAL
The conferees are disturbed by the delay in issuing the
final National Preparedness Goal (Goal). In the fiscal year
2006 statement of managers accompanying the conference report
(H. Report 109-241), the conferees directed the Department to
issue the final Goal, including the final Universal Task List
and Target Capabilities List, no later than December 31, 2005.
To date, the final Goal and its component pieces have not been
published. Absent the final Goal, national preparedness lacks
clear direction and resources cannot be most efficiently
allocated. The conferees direct the Department to publish the
final Goal, without further unnecessary delay. In addition, the
Secretary shall provide a report to the Committees on
Appropriations explaining what substantive improvements have
been made to the Goal as a result of the delay.
INSPECTOR GENERAL REPORT ON THE NATIONAL ASSET DATABASE
Not later than 30 days after the date of enactment of
this Act, the Secretary shall submit to the Committees on
Appropriations a report addressing compliance with the
recommendations set forth in the July 6, 2006, Inspector
General report entitled ``Progress in Developing the National
Asset Database.'' The report shall include the status of the
prioritization of assets into high-value, medium-value, and
low-value asset tiers, and how such tiers will be used by the
Secretary in the allocation of grant funds.
HURRICANE KATRINA LESSONS LEARNED
One year after Hurricanes Katrina, Rita and Wilma the
conferees remain concerned by slow progress of improvement
particularly in the areas of training and exercises to better
prepare for future emergencies. The conferees expect the
relevant Congressional Committees will be briefed by November
1, 2006, on improvements to training and exercises as
recommended by the White House, House, and Senate
investigations into Katrina.
NATIONAL EMERGENCY COMMUNICATIONS STRATEGY
The conferees direct the Preparedness Directorate and
FEMA to coordinate revised strategy, procedures, and
instructions for supporting national emergency response
communications operations. The Department shall consider the
findings and recommendations of the after action reports for
Hurricane Katrina and other disasters produced by the White
House, federal agencies, the Congress, the GAO, and the
Inspector General, as well as state and local government
commissions who have reported on communications. The conferees
direct the Secretary to report to the Committees on
Appropriations on the progress of this effort by March 1, 2007.
The report shall also include an assessment of short-term
(defined as within two years after the date of enactment of
this Act), intermediate-term (defined as between two years and
four years after such date of enactment), and long-term
(defined as more than four years after such date of enactment)
actions necessary for the Department to take in order to assist
federal, state, and local governments achieve communications
interoperability, including equipment acquisition, governance
structure, and training.
Office of Grants and Training
SALARIES AND EXPENSES
The conferees agree that not to exceed three percent of
Homeland Security Grant Program funds and discretionary grants
may be used to fund salaries and expenses.
STATE AND LOCAL PROGRAMS
The conferees agree to provide $2,531,000,000 instead of
$2,594,000,000 as proposed by the House and $2,400,000,000 as
proposed by the Senate. State and Local Programs funding is
allocated as follows:
State Formula Grants:
State Homeland Security Program..................... $525,000,000
Law Enforcement Terrorism Prevention Program........ 375,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, State Formula Grants.................. 900,000,000
Discretionary Grants:
High-Threat, High-Density Urban Area................ 770,000,000
Port Security....................................... 210,000,000
Trucking Security................................... 12,000,000
Intercity Bus Security.............................. 12,000,000
Rail and Transit Security........................... 175,000,000
Buffer Zone Protection Plan......................... 50,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Discretionary Grants.................. 1,229,000,000
Commercial Equipment Direct Assistance Program.......... 50,000,000
National Programs:
National Domestic Preparedness Consortium........... 145,000,000
National Exercise Program........................... 49,000,000
Metropolitan Medical Response System................ 33,000,000
Technical Assistance................................ 18,000,000
Demonstration Training Grants....................... 30,000,000
Continuing Training Grants.......................... 31,000,000
Citizen Corps....................................... 15,000,000
Evaluations and Assessments......................... 19,000,000
Rural Domestic Preparedness Consortium.............. 12,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, National Programs..................... 352,000,000
========================================================
____________________________________________________
Total, State and Local Programs............. $2,531,000,000
For purposes of eligibility for funds under this heading,
any county, city, village, town, district, borough, parish,
port authority, transit authority, intercity rail provider,
commuter rail system, freight rail provider, water district,
regional planning commission, council of government, Indian
tribe with jurisdiction over Indian country, authorized tribal
organization, Alaska Native village, independent authority,
special district, or other political subdivision of any state
shall constitute a ``local unit of government''.
The conferees urge the Department to work with state and
local governments to ensure regional authorities, such as port,
transit, or tribal authorities, are given due consideration in
the distribution of state formula grants.
The conferees direct the Office of Grants and Training (G
and T) to continue to distribute Homeland Security Grant
Program grants in a manner consistent with the fiscal year 2006
practice. The conferees disagree with House language regarding
the use of authorized and traditional terrorist focused funding
and direct G and T to not alter the manner in which grant funds
are distributed. While certain grants are authorized to be all-
hazard, G and T is directed to ensure that terrorism-focused
funds provided herein are not misdirected. The Department
should continue its efforts to evaluate State Homeland Security
Program (SHSP), Law Enforcement Terrorism Protection Program
(LETPP), and High-Threat, High-Density Urban Area grants (also
known as the Urban Areas Security Initiative or UASI)
applications based on risk and on how effectively these grants
will address identified homeland security needs. In those areas
of the country where the risk is very high, the Department
shall work aggressively to ensure these applications are
produced in a manner in which appropriate levels of funding
reflect the level of threat. The conferees agree that states
must identify gaps in levels of preparedness and how funding
will close those gaps. The Department is encouraged to consider
the need for mass evacuation planning and pre-positioning of
equipment for mass evacuations in allocating first responder
funds and in allocating training, exercises and technical
assistance funds through the national programs.
The conferees include bill language requiring the GAO to
report on the validity, relevance, reliability, timeliness, and
availability of the risk factors, and the application of those
factors in the allocation of discretionary grants to the
Committees on Appropriations no later than 45 days after
enactment. The Secretary is required to provide GAO with the
necessary information seven days after enactment of this Act.
The conferees direct the Preparedness Directorate to brief the
Committees on Appropriations by November 1, 2006, on the steps
it is taking to make transparent to states its risk-based grant
methodology.
The conferees agree that for SHSP, LETPP, and UASI
grants, application kits shall be made available 45 days after
enactment of this Act, states shall have 90 days to apply after
the grant is announced, and G and T shall act on an application
90 days after receipt of an application. The conferees further
agree that no less than 80 percent of these funds shall be
passed by the state to local units of government within 60 days
of the state receiving funds, except in the case of Puerto
Rico, where no less than 50 percent of any grant under this
paragraph shall be made available to local governments within
60 days after the receipt of the funds. The conferees direct
the Secretary to submit a report to the Committees on
Appropriations containing an assessment of state compliance in
fiscal years 2005 and 2006 with the requirement to pass through
funds in 60 days, accompanied by recommendations, if
appropriate, to improve compliance.
The conferees are disappointed with the slow pace of
discretionary transportation and infrastructure grant awards in
fiscal year 2006. Bill language is included requiring port,
trucking, intercity bus, intercity passenger rail
transportation, and buffer zone protection grant applications
to be made available 75 days after enactment; applicants shall
have 45 days to apply after the grant is announced; and G and T
shall act on an application within 60 days after receipt of an
application.
The conferees continue and modify a provision requiring
notification of the Committees on Appropriations before grant
notifications are made. For Homeland Security Grant Program
funds, G and T will brief the Committees on Appropriations five
full business days in advance of any notifications.
The conferees expect G and T to continue all current
overtime reimbursement practices. The conferees continue bill
language prohibiting the use of funds for construction, except
for Port Security, Rail and Transit Security, and the Buffer
Zone Protection grants. However, bill language is included to
allow SHSP, LETPP, and UASI grants to be used for minor
perimeter security projects and minor construction or
renovation of necessary guard facilities, fencing, and related
efforts, not to exceed $1,000,000 as deemed necessary by the
Secretary. The conferees further agree the installation of
communication towers that are included in a jurisdiction's
interoperable communications plan does not constitute
construction for the purposes of this Act.
The Secretary of Homeland Security is encouraged to
consult with the National Council on Radiation Protection and
Measurements and other qualified governmental and non-
governmental organizations in preparing guidance and
recommendation for emergency responders to assist recovery
operations, and to protect the general public with respect to
radiological terrorism, threats, and events.
STATE FORMULA GRANTS
The conferees agree to provide $525,000,000 for the State
Homeland Security Program instead of $545,000,000 as proposed
by the House and $500,000,000 as proposed by the Senate. The
conferees provide $375,000,000 for the Law Enforcement
Terrorism Protection Program instead of $400,000,000 as
proposed by the House and $350,000,000 as proposed by the
Senate.
DISCRETIONARY GRANTS
The conferees agree to provide $1,229,000,000 instead of
$1,235,000,000 as proposed by the House and $1,172,000,000 as
proposed by the Senate. Within this total, $770,000,000 is made
available to the Secretary for discretionary grants to high-
threat, high-density urban areas. The conferees include bill
language requiring the Secretary to distribute funds allocated
in fiscal year 2006 for grants to non-profit organizations
determined by the Secretary to be at high risk of terrorist
attack. The Secretary shall consider prior threats or attacks
against like organizations when determining risk, and shall
notify the Committees on Appropriations of the high risk or
potential high risk to each designated tax exempt grantee at
least five full business days in advance of the announcement of
any grant award.
The conferees agree that for discretionary transportation
and infrastructure grants, Transportation Security
Administration (TSA) and Infrastructure Protection and
Information Security (IPIS) shall retain operational subject
matter expertise of these grants and will be fully engaged in
the administration of related grant programs. The Office of
Grants and Training shall also continue to work with the
Science and Technology Directorate (S&T) on the identification
of possible research and design requirements for rail and
transit security.
PORT SECURITY
The conferees agree to provide $210,000,000 as proposed
by the Senate instead of $200,000,000 as proposed by the House.
The conferees direct G and T to ensure all port security grants
are coordinated with the state, local port authority, and the
Captain of the Port, so all vested parties are aware of grant
determinations and that limited resources are maximized. The
conferees further direct G and T to work with IPIS to determine
the threat environment at individual ports and with the Coast
Guard to evaluate each port's vulnerability. The conferees
expect funds to be directed to ports with the highest risk and
largest vulnerabilities.
TRUCKING INDUSTRY SECURITY
The conferees agree to provide $12,000,000 for this
program, $7,000,000 above the House and Senate levels, to
maintain and enhance current training levels, and to work
toward the Highway Watch stated goal of enrolling 1,000,000
truckers.
INTERCITY BUS SECURITY
The conferees agree to provide $12,000,000 for Intercity
Bus Security grants as proposed by the Senate instead of
$10,000,000 as proposed by the House. The conferees agree with
language in the Senate report that intercity bus security
grants will support the improvement of ticket identification,
the installation of driver shields, the enhancement of
emergency communications, enhancement of facility security, and
further implementation of passenger screening.
RAIL AND TRANSIT SECURITY
The conferees agree to provide $175,000,000, instead of
$200,000,000 as proposed by the House and $150,000,000 as
proposed by the Senate.
The conferees are concerned the nation's rails are
vulnerable, at-risk systems since they are not designed to
adequately resist, respond to, manage or rapidly recover from
natural or manmade crises. The conferees encourage G and T to
coordinate with short line and regional railroads to address
the rail system's security and safety challenges for both
manmade and natural disasters.
BUFFER ZONE PROTECTION PROGRAM
The Committee recommends $50,000,000 for the Buffer Zone
Protection Program (BZPP), as proposed by the House and Senate.
The conferees concur with House report language directing G and
T to continue to work with IPIS to identify critical
infrastructure, assess vulnerabilities at those sites, and
direct funding to resolve those vulnerabilities. The conferees
do not agree to language contained in the Senate report
relating to BZPP grants and the protection of federal
facilities. The conferees note that under current guidance,
federal facilities are not eligible for BZPP grants.
COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP)
The conferees agree to provide $50,000,000, instead of
$75,000,000 as proposed by the House and $40,000,000 as
proposed by the Senate. The conferees direct the Department to
award funding through CEDAP only if projects or equipment are
consistent with State Homeland Security Strategies and the
unmet essential capabilities identified through HSPD-8.
National Programs
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
The conferees agree to provide $145,000,000 as proposed
by the Senate instead of $135,000,000 as proposed by the House.
This funding shall be distributed in a manner consistent with
fiscal year 2006. The conferees concur with Senate report
language directing G and T to prepare a long-range strategic
plan for the National Domestic Preparedness Consortium.
METROPOLITAN MEDICAL RESPONSE SYSTEM
The conferees agree to provide $33,000,000 instead of
$30,000,000 as proposed by the House and $35,000,000 as
proposed by the Senate.
TECHNICAL ASSISTANCE
The conferees agree to provide $18,000,000 as proposed by
the Senate instead of $25,000,000 as proposed by the House.
The conferees support the House language that the
Department continues the National Memorial Institute for the
Prevention of Terrorism's (MIPT) Lessons Learned Information
Sharing and Responder Knowledge Base under the oversight of the
Preparedness Directorate. The conferees direct the Department
to continue these important public service programs and ensure
MIPT's inclusion in any competition.
DEMONSTRATION TRAINING GRANTS
The conferees agree to provide $30,000,000 as proposed by
the House instead of $25,000,000 as proposed by the Senate.
CONTINUING TRAINING GRANTS
The conferees agree to provide $31,000,000 instead of
$35,000,000 as proposed by the House and $30,000,000 as
proposed by the Senate. The conferees recommend full funding
for the graduate-level homeland security education programs
currently supported by the Department and encourage the
Department to leverage these existing programs to meet the
growing need for graduate-level education.
CITIZEN CORPS
The conferees agree to provide $15,000,000 instead of
$20,000,000 as proposed by the Senate. The House did not
provide funds for this program.
RURAL DOMESTIC PREPAREDNESS CONSORTIUM
The conferees agree to provide $12,000,000 as proposed by
the House. The Senate did not provide funds for this program.
The conferees direct G and T to continue the development of
specialized and innovative training curricula for rural first
responders and ensure the coordination of such efforts with
existing Office of Grants and Training partners.
NATIONWIDE PLAN REVIEW PHASE 2 REPORT
The Preparedness Directorate and the Federal Emergency
Management Agency are directed to brief the Committees on
Appropriations 45 days after the date of enactment of this Act
and quarterly thereafter, on the progress made to implement
each of the conclusions of the June 16, 2006, Nationwide Plan
Review Phase 2 Report. The first briefing shall include a
detailed timeline for the completion of implementing each
conclusion with major milestones and how the implementation of
the conclusions are being coordinated with the guidelines
developed by the Department for state and local governments as
required in Public Law 109-90. The conferees direct the
Department to work with all stakeholders to resolve the
findings of the Nationwide Plan Review Phase 2 in accordance
with the fiscal year 2007 Senate Report.
EMERGENCY MEDICAL SERVICES
The conferees remain concerned with the lack of first
responder grant funding being provided to the Emergency Medical
Services (EMS) community and direct G and T to require in its
grant guidance that state and local governments include EMS
representatives in planning committees as an equal partner and
to facilitate a nationwide EMS needs assessment. In addition,
no later than January 23, 2007, the Department shall report to
the Committees on Appropriations, the House Committee on
Homeland Security, and the Senate Committee on Homeland
Security and Governmental Affairs, on the use of Homeland
Security Grant Program funds and Firefighter Assistance Grant
funds for EMS.
FIREFIGHTER ASSISTANCE GRANTS
The conferees agree to provide $662,000,000 instead of
$655,200,000 as proposed by the House and $680,000,000 as
proposed by the Senate. Of this amount, $115,000,000 shall be
for firefighter staffing, as authorized by section 34 of the
Federal Fire Prevention and Control Act of 1974, instead of
$112,100,000 as proposed by the House and $127,500,000 as
proposed by the Senate.
The conferees concur with language in the Senate report
directing the Department to favor those grant applications that
take a regional approach in equipment purchases and their
future deployment.
The conferees further agree to make $3,000,000 available
for implementation of section 205(c) of Public Law 108-169, the
United States Fire Administration Reauthorization Act of 2003.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The conferees agree to provide $200,000,000 instead of
$186,000,000 as proposed by the House and $220,000,000 as
proposed by the Senate.
Radiological Emergency Preparedness Program
The conferees agree to provide for the receipt and
expenditure of fees collected, as authorized by Public Law 105-
276 and as proposed by both the House and Senate.
United States Fire Administration and Training
The conferees agree to provide $46,849,000 for the United
States Fire Administration and Training as proposed by the
House and instead of $45,887,000 as proposed by the Senate. Of
this amount, $5,500,000 is for the Noble Training Center.
The FIRE Act requires the United States Fire
Administration to submit to the Congress by April 28, 2006, an
assessment of capability gaps that fire departments currently
possess in equipment, training and staffing. While the U.S.
Fire Administration has completed the assessment, it has not
been submitted to the Congress. The conferees direct the
Secretary to submit the report no later than November 1, 2006.
Infrastructure Protection and Information Security
The conferees agree to provide $547,633,000 for
Infrastructure Protection and Information Security (IPIS)
instead of $549,140,000 as proposed by the House and
$525,056,000 as proposed by the Senate. Funding is allocated as
follows:
Management and Administration........................... $77,000,000
Critical Infrastructure Outreach and Partnership........ 101,100,000
Critical Infrastructure Identification and Evaluation... 69,000,000
National Infrastructure Simulation and Analysis Center.. 25,000,000
Biosurveillance......................................... 8,218,000
Protective Actions...................................... 32,043,000
Cyber Security.......................................... 92,000,000
National Security/Emergency Preparedness
Telecommunications.................................. 143,272,000
--------------------------------------------------------
____________________________________________________
Total............................................. $547,633,000
BUDGET
The conferees support language contained in the House
report concerning the format of the IPIS fiscal year 2008
budget justification with budget lines that align with the
operational divisions and programs of IPIS as well as language
directing the Department to fully display program transfers.
The conferees direct the Department to work with the Committees
on Appropriations to create an acceptable budget structure.
BUDGET OFFICE
The conferees direct DHS to establish a budget office
within IPIS and include sufficient funds for two positions. The
budget officer and staff will support the Office of
Infrastructure Protection and the Office of Information
Security in its efforts to align its budget with its
organizational structure, better formulate and execute its
resources, and perform other budgetary and financial
activities, as necessary.
CRITICAL INFRASTRUCTURE IDENTIFICATION AND EVALUATION
The conferees agree to provide $69,000,000 for Critical
Infrastructure Identification and Evaluation instead of
$71,631,000 as proposed by the House and $67,815,000 as
proposed by the Senate. The conferees support the budget
request for the Protective Security Analysis Center.
CHEMICAL SITE SECURITY
The conferees support language in the House report
providing $10,000,000 for the Chemical Site Security program
and direct the Department to provide the Committees on
Appropriations an expenditure plan showing how these resources
will be used.
CHEMICAL SECTOR SECURITY RESOURCE NEEDS
The conferees include bill language withholding
$10,000,000 until the Committees on Appropriations receive the
report required in the statement of the managers (House Report
109-241) accompanying P.L. 109-90 on departmental resources
necessary to implement mandatory security requirements for the
nation's chemical sector.
CRITICAL INFRASTRUCTURE OUTREACH AND PARTNERSHIP
The conferees agree to provide $101,100,000 for Critical
Infrastructure Outreach and Partnership as proposed by the
House instead of $104,600,000 as proposed by the Senate. The
conferees provide $5,000,000 for the Homeland Secure
Information Network, as requested.
CYBER SECURITY AND INFORMATION SHARING INITIATIVE
The conferees agree to provide $16,700,000 to continue
the National Cyber Security Division's Cyber Security and
Information Sharing Initiative instead of $11,700,000 as
proposed by the Senate.
BOMBING PREVENTION
The conferees support language contained in the Senate
report on the Office of Bombing Prevention directing the
Secretary to develop a national strategy for bombing
prevention, including a review of existing federal, state, and
local efforts in this effort. The strategy shall be submitted
to the Committees on Appropriations no later than January 23,
2007.
BUFFER ZONE PROTECTION PROGRAM
The conferees encourage the Department to continue the
chemical and other high risk sector Buffer Zone Protection
Program in fiscal year 2007. The conferees note $25,000,000 was
allocated in fiscal year 2006 for this program and encourage
IPIS to utilize section 503 of this Act to provide appropriate
funding in fiscal year 2007, if funding is available.
TRANSPORTATION VULNERABILITY REPORT
The conferees direct the Secretary to submit a report to
the Committees on Appropriations; the Senate Committee on
Commerce, Science, and Transportation; and the House Committee
on Transportation and Infrastructure no later than March 1,
2007, describing the security vulnerabilities of all rail,
transit, and highway bridges and tunnels connecting Northern
New Jersey, New York and the five boroughs of New York City.
Federal Emergency Management Agency
The conferees do not incorporate Senate language on an
organization review.
ADMINISTRATIVE AND REGIONAL OPERATIONS
The conferees agree to provide $282,000,000 instead of
$254,499,000 as proposed by the House and $249,499,000 as
proposed by the Senate.
WORKFORCE STRATEGY
The conferees remain concerned about the numerous
personnel and senior leadership vacancies within the Federal
Emergency Management Agency (FEMA). Therefore, the conferees
provide an additional $30,000,000 to fund up to 250 permanent
disaster staff to replace the existing temporary Stafford Act
workforce. The House and Senate reports direct FEMA to develop
a comprehensive workforce strategy, which includes hiring goals
for vacant positions, retention initiatives, training needs,
and resource needs to bolster its workforce. The conferees
direct the Administrator to submit to the Committees on
Appropriations the strategic human capital plan outlined in
Title VI.
The conferees concur with House report language directing
the Department to finish the national build-out of the Digital
Emergency Alert System with Public Television and to provide
for origination of emergency alert messages from authorized
local and state officials.
READINESS, MITIGATION, RESPONSE, AND RECOVERY
The conferees agree to provide $244,000,000 instead of
$240,199,000 as proposed by the House and $240,000,000 as
proposed by the Senate.
URBAN SEARCH AND RESCUE
Of the funds provided for Readiness, Mitigation,
Response, and Recovery, the conferees agree to provide
$25,000,000 for urban search and rescue instead of $19,817,000
as proposed by the House and $30,000,000 as proposed by Senate.
CATASTROPHIC PLANNING
The conferees concur with House report language
requesting an expenditure plan for catastrophic planning but do
not withhold funding until such time as this plan is submitted.
HURRICANE KATRINA LESSONS LEARNED
The conferees continue to be concerned about FEMA's
ability to incorporate the lessons learned from Hurricane
Katrina, in particular in the areas of logistics tracking,
incident management capability of the National Response
Coordination Center, temporary housing for evacuated residents,
and debris removal. The conferees direct FEMA to brief the
Committees on Appropriations on the status of continuing
improvements and changes to FEMA as a result of lessons learned
from Hurricane Katrina.
DISASTER SPENDING PROGRAMS
The conferees are concerned by the findings of the
Government Accountability Office, the DHS Inspector General,
and others regarding the fraud and abuse associated with victim
assistance programs and other disaster spending for the 2005
Gulf Coast hurricanes. The conferees concur with language in
the House and Senate reports directing FEMA to correct
weaknesses in its disaster assistance claims system. The
conferees expect FEMA to include corrective actions for the
disaster claims system in the brief to the Committees on
Appropriations on Hurricane Katrina Lessons Learned.
The conferees understand FEMA has begun comprehensive
modernization of its legacy information management systems into
an Enterprise Content Management System and development of such
a system is a basic requirement for FEMA to have the capacity
to handle expected future caseloads. The conferees encourage
FEMA to pursue this improved document reporting and tracking
system.
CONTRACTS
FEMA shall provide a quarterly report to the Committees
on Appropriations regarding all contracts issued during any
disaster. The report shall include a detailed justification for
any contract entered into using procedures based upon the
unusual and compelling urgency exception to competitive
procedures requirements under section 303(c)(2) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(c)(2)) or section 2304(c)(2) of title 10, United States
Code. Justification details by individual contract are to
include, at least: the amount of funds, the timeframe, the
contractor, a specific reason why the contract could not be
competed and how action may be taken to ensure competition of
the contract in the future without impeding timely disaster
response.
LOGISTICS CENTERS
The conferees direct the Department to brief the
Committees on Appropriations on the strategic or business plan
that guided the site selection for the logistics centers and
locations for prepositioned items and any plans for future
movement of assets or actions to extend or add centers or the
locations of prepositioned items. The conferees concur with
language in the House and Senate reports regarding pre-
positioning Meals-Ready-to-Eat.
The conferees direct FEMA to use no less than $5,000,000
to develop a demonstration program with regional and local
governments in the formation of innovative public and private
logistical partnerships and centers to improve readiness,
increase response capacity, and maximize the management and
impact of homeland security resources.
The conferees agree the lack of coordinated incident
management contributed to failures at all levels of government
during Hurricane Katrina. The White House Report: ``The Federal
Response to Hurricane Katrina: Lessons Learned'' states, ``DHS
should establish and maintain a deployable communications
capability to quickly gain and retain situational awareness
when responding to catastrophic events''. The conferees agree
and direct DHS to support deployment of integrated and regional
near real-time information and incident tracking systems. The
conferees encourage DHS to work with regional state emergency
managers to deploy an operationally ready National Incident
Management System (NIMS) compliant incident management system
for use by the first responder community that includes
redundant 24/7 online capability.
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
The conferees encourage FEMA to assess how the National
Center for Missing and Exploited Children and state family
assistance call centers can best contribute to the National
Response Plan in helping disaster victims locate family
members. The Secretary shall submit a report to the Committees
on Appropriations no later than 45 days after enactment of this
Act.
NATIONAL INCIDENT MANAGEMENT SYSTEM
Of the funds provided for Readiness, Mitigation,
Response, and Recovery, the conferees agree to provide
$30,000,000 for the National Incident Management System (NIMS)
as proposed by the House. The conferees direct FEMA to use no
less than $10,000,000 to continue to implement NIMS nationwide,
with a focus specifically on standards identification, testing
and evaluation of equipment, and gap and lessons learned
identification.
LEVEE RECERTIFICATION
The conferees understand FEMA is in the process of
revising its levee certification regulations and guidance. The
conferees expect FEMA to utilize the latest findings of the
Army Corps of Engineers levee inventory when developing its
regulations and guidance. The conferees direct FEMA to provide
a status report, no later than 60 days after enactment of this
Act, on its processes for levee certification. This status
report should include the Army Corps of Engineers levee
inventory, the number and location of levees that require
certification, the estimated costs of recertifying, the
resources required to fulfill the new certification
regulations, and a description of the Administration's policy
on how these cost requirements should be met.
EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM
The conferees understand the emergency preparedness
demonstration program is in the information collection phase.
The conferees direct FEMA to expand this pilot demonstration
project so information from Hurricane Katrina victims can be
added to this study. The conferees recognize this may cause the
time of the study to lengthen and direct FEMA to provide an
interim report to the Committees on Appropriations by March 31,
2007.
PUBLIC HEALTH PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conferees provide $33,885,000 for public health
programs to fund the National Disaster Medical System (NDMS),
as proposed in the budget, and include bill language
transferring all the funding, components, and functions of the
NDMS to the Department of Health and Human Services, effective
January 1, 2007.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $1,500,000,000, instead of
$1,676,891,000, as proposed by the House and $1,582,000,000 as
proposed by the Senate. The conferees include bill language as
proposed by the Senate, permitting up to $13,500,000 for the
Office of Inspector General to be drawn from the Disaster
Relief Fund for audits and investigations related to natural
disasters.
The conferees understand FEMA intends to use the almost
20,000 manufactured housing units that were not used in the
2005 hurricane season for future disasters, and encourage FEMA
to do so. The conferees are concerned a portion of the 128,000
units currently occupied will come back into the FEMA stock as
previous disaster victims find other living arrangements and
units are refurbished in accordance with FEMA policy. The
conferees direct FEMA to take an aggressive approach in
managing the manufactured housing supply in a cost-effective
manner and to brief the Committees on Appropriations regarding
the supply on hand, the cost of maintenance and storage, the
anticipated use, and strategic storage location of unoccupied
manufactured units.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The conferees agree to provide $569,000 for
administrative expenses as proposed by both the House and
Senate. Gross obligations for the principal amount of direct
loans shall not exceed $25,000,000 as proposed by both the
House and Senate.
FLOOD MAP MODERNIZATION FUND
The conferees agree to provide $198,980,000 as proposed
by both the House and Senate for the Flood Map Modernization
Fund. The conferees recognize the importance of the Flood Map
Modernization Program to state and local governments. When
allocating funds, the conferees encourage FEMA to prioritize as
criteria the number of stream and coastal miles within the
state, the Mississippi River Delta region, and the
participation of the state in leveraging non-federal
contributions. The conferees further direct FEMA to recognize
and support those states that integrate the Flood Map
Modernization Program with other state programs to enhance
greater security efforts and capabilities in the areas of
emergency management, transportation planning and disaster
response. The conferees recognize the usefulness of updated
flood maps in state planning, and encourage this efficient use
of federal dollars.
The conferees are concerned the Flood Map Modernization
Program is using outdated and inaccurate data when developing
its maps. The conferees direct FEMA, in consultation with the
Office of Management and Budget, to review technologies by
other Federal agencies, such as the National Oceanic and
Atmospheric Administration, the National Geospatial
Intelligence Agency, and the Department of Defense, use to
collect elevation data. The conferees expect a briefing no
later than 180 days after enactment of this Act on the
technologies available, the resources needed for each
technology, and a recommendation of what is most effective for
the Flood Map Modernization Program.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $38,230,000 for salaries
and expenses as proposed by both the House and Senate. The
conferees further agree to provide up to $50,000,000 for severe
repetitive loss property mitigation expenses under section
1361A of the National Flood Insurance Act of 1968 and a
repetitive loss property mitigation pilot program under section
1323 of the National Flood Insurance Act; and up to $90,358,000
for other flood mitigation activities, of which up to
$31,000,000 is available for transfer to the National Flood
Mitigation Fund. Total funding of $128,588,000 is offset by
premium collections. The conferees further agree on limitations
of $70,000,000 for operating expenses, $692,999,000 for agents'
commissions and taxes, and ``such sums'' for interest on
Treasury borrowings.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $31,000,000 by transfer
from the National Flood Insurance Fund as proposed by the House
and Senate.
NATIONAL PREDISASTER MITIGATION FUND
The conferees agree to provide $100,000,000 as proposed
by the House instead of $149,978,000 as proposed by the Senate.
While the conferees are supportive of the Predisaster
Mitigation program, they remain concerned by the slow pace of
implementation and the obligation of the funds. This program
has a large unobligated balance of $53,000,000. The conferees
encourage FEMA to implement lessons learned, as described in
the report on impediments to timely obligations of the Fund
submitted to the Committees on Appropriations in compliance
with the Senate Report 109-83 accompanying the fiscal year 2006
Department of Homeland Security Appropriations Act (P.L. 109-
90) and direct FEMA to brief the Committees on Appropriations
on the progress of the implementation.
EMERGENCY FOOD AND SHELTER
The conferees agree to provide $151,470,000 as proposed
by both the House and Senate.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
The conferees agree to provide $181,990,000 as proposed
by the House instead of $134,990,000 as proposed by the Senate
for United States Citizenship and Immigration Services (USCIS),
of which $93,500,000 is available until expended. The
conference agreement includes $47,000,000 for USCIS business
system and information technology transformation, including
converting immigration records into digital format, to remain
available until expended; $21,100,000 for the Systematic Alien
Verification for Entitlements (SAVE) program; and $113,890,000
to expand the Employment Eligibility Verification (EEV)
program. Current estimates of fee collections are
$1,804,000,000, for total resources available to USCIS of
$1,985,990,000. The conferees direct that, of these
collections, not to exceed $5,000 shall be for official
reception and representation expenses.
The following table specifies funding by budget activity,
and includes both direct appropriations and estimated
collections:
Direct Appropriations:
Business and IT Transformation...................... $47,000,000
Systematic Alien Verification for Entitlements
(SAVE)............................................ 21,100,000
Employment Eligibility Verification (EEV)........... 113,890,000
--------------------------------------------------------
____________________________________________________
Subtotal, Direct Appropriations................. 181,990,000
Adjudication Services (fee accounts):
Pay and Benefits.................................... 624,600,000
Operating Expenses:
District Operations............................. 385,400,000
Service Center Operations....................... 267,000,000
Asylum, Refugee and International Operations.... 75,000,000
Records Operations.............................. 67,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Adjudication Services............. 1,419,000,000
Information and Customer Services (Immigration
Examination Fee Accounts):
Pay and Benefits.................................... 81,000,000
Operating Expenses:
National Customer Service Center................ 48,000,000
Information Services............................ 15,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Information and Customer Services. 144,000,000
Administration (Immigration Examination Fee Accounts):
Pay and Benefits.................................... 45,000,000
Operating Expenses.................................. 196,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Administration.................... 241,000,000
Fraud Prevention and Detection Fee Account.............. 31,000,000
H-1B Non-Immigrant Petitioner Fee Account............... 13,000,000
--------------------------------------------------------
____________________________________________________
Total, U.S. Citizenship and Immigration
Services.................................. 1,985,990,000
BUSINESS AND INFORMATION TECHNOLOGY TRANSFORMATION
The conferees include $47,000,000 to support the business
system and information technology transformation process at
USCIS. The conferees direct USCIS not to obligate these funds
until the Committees on Appropriations have received and
approved a strategic transformation plan and expenditure plan
that has been reviewed by the Secretary and the Government
Accountability Office. The expenditure plan should include a
detailed breakout of costs associated with the USCIS business
and information technology transformation effort in fiscal year
2007, a report on how the transformation process is aligned
with USCIS and Departmental Enterprise Architecture, and
details on expected project performance and deliverables.
The Department stated in its request that it would also
apply $65,000,000 in fee revenues to this effort, for a total
fiscal year 2007 program of $112,000,000. The conferees expect
the aforementioned expenditure plan will reflect all resources
associated with transformation efforts, and address the impact
of availability of such fee revenue.
SECURITY AND INTERNAL AFFAIRS
The conferees are concerned with reports that USCIS may
be at risk for security lapses, in part because the Office of
Security and Investigations has a significant case backlog, and
in part because some USCIS adjudicators may lack necessary
security clearances. As a result, critical enforcement actions
could be delayed, or adjudicators could find themselves unable
to access relevant watchlist databases, increasing the risk
that immigration benefits could be granted to ineligible
recipients. The conferees direct USCIS to work closely with
Immigration and Customs Enforcement and the Office of the
Inspector General to address these security vulnerabilities.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The conferees agree to provide $211,033,000, instead of
$210,507,000 as proposed by the House and $207,634,000 as
proposed by the Senate. Included in this amount is $1,042,000
for salaries and expenses at the Counterterrorism Operations
Training Facility. The increase from the budget request
includes $4,691,000 for training resources proposed to be
funded in Customs and Border Protection and $4,444,000 for
training resources proposed to be funded in Immigration and
Customs Enforcement. The conferees also extend the rehired
annuitant authority through December 31, 2007.
Acquisition, Construction, Improvements, and Related Expenses
The conferees agree to provide $64,246,000, instead of
$42,246,000 as proposed by the House and $63,246,000 as
proposed by the Senate. Included in this amount is $1,000,000
for the construction of the Counterterrorism Operations
Training Facility. The increase from the budget request
includes $22,000,000 for renovation and construction needs at
the Artesia, New Mexico training center.
Science and Technology
Management and Administration
The conferees agree to provide $135,000,000 for
management and administration of Science and Technology (S&T)
instead of $180,901,000 as proposed by the House and
$104,414,000 as proposed by the Senate. This amount includes
$7,594,000 for the immediate Office of the Under Secretary and
$127,406,000 for other salaries and expenses.
The conferees provide funding under this account for the
salary, expenses and benefits of full-time federal and contract
employees; S&T's portion of the Working Capital Fund; and for
S&T Business Operations.
Funding for other management and administration costs
such as laboratory construction and maintenance; individuals
and detailees provided through the Intergovernmental Personnel
Act; and contract support associated with certain projects
within the portfolio will be provided within the ``Research,
Development, Acquisition and Operations'' account. The
conferees direct S&T to report to the Committees on
Appropriations any assessment of the aforementioned costs
exceeding five percent of the total program appropriation,
which shall be subject to section 503 of this Act. The
conferees include bill language withholding $60,000,000 until
the Committees receive and approve an expenditure plan
described in the bill.
FIVE-YEAR RESEARCH PLAN AND BUSINESS MODEL
The conferees expect S&T to greatly improve its research
strategic plan and its budget documents. These documents should
reflect the new vision for S&T as proposed by the Under
Secretary. The conferees direct the Under Secretary to develop
a five-year research plan, which outlines its priorities,
performance measures for each portfolio and resources needed to
meet its mission. This plan should also incorporate a business
model for its output of services and technologies to its end
user. The conferees expect the Under Secretary to brief the
Committees on Appropriations no later than 180 days after the
date of enactment of this Act.
Research, Development, Acquisition, and Operations
The conferees agree to provide $838,109,000 for research,
development, acquisition, and operations instead of
$775,370,000 as proposed by the House and $714,041,000 as
proposed by the Senate.
The following table specifies funding by budget activity:
Biological Countermeasures.............................. $350,200,000
Chemical Countermeasures................................ 60,000,000
Explosives Countermeasures.............................. 86,582,000
Threat and Vulnerability, Testing and Assessment........ 35,000,000
Conventional Missions................................... 85,622,000
Standards Coordination.................................. 22,131,000
Emergent Prototypical Technologies...................... 19,451,000
Critical Infrastructure Protection...................... 35,413,000
University Programs..................................... 50,000,000
Counter MANPADS......................................... 40,000,000
Safety Act.............................................. 4,710,000
Cyber Security.......................................... 20,000,000
Interoperability and Compatibility...................... 27,000,000
Pacific Northwest National Laboratory................... 2,000,000
--------------------------------------------------------
____________________________________________________
Total............................................... 838,109,000
BIOLOGICAL COUNTERMEASURES
The conferees agree to provide $350,200,000 for
Biological Countermeasures instead of $337,200,000 as proposed
by the House and $327,200,000 as proposed by the Senate. Of the
amount provided, the conferees agree to provide up to
$82,800,000 for the BioWatch program. The conferees also agree
to provide $23,000,000 for site selection and other pre-
construction activities for the National Bio and Agrodefense
Facility. The conferees expect the Department to submit a
project schedule, including expected completion dates and
funding requirements for all phases of the project, to the
Committees on Appropriations within 45 days after the date of
enactment of this Act.
BIOLOGICAL COUNTERMEASURES STRATEGIC PLAN
The conferees believe DHS should establish an
architecture to outline and coordinate federal biological
activities, and to chart future federal activities and goals.
S&T, in consultation with the DHS Chief Medical Officer,
Department of Health and Human Services, United States
Department of Agriculture, and other participating federal
departments, shall submit a strategic plan to the Committees on
Appropriations; the House Homeland Security Committee; the
House Science Committee; the Senate Commerce, Science and
Transportation Committee; the Senate Energy and Natural
Resources Committee; and the Senate Homeland Security and
Governmental Affairs Committee outlining the various missions
of each agency and how they relate to one another. Further, the
strategic plan should specifically describe DHS's roles and
responsibilities; its framework for deploying biological
sensors, including how detector alerts will be managed; its
plans to enhance advanced animal vaccine research and other
agro-terrorism defense efforts; its overall fulfillment of the
Department's obligations under HSPD-10; and how its other
activities relate to and will be coordinated with similar
efforts by other government agencies.
URBAN DISPERSION
The conferees support the House report language on Urban
Dispersion recommending continued funding of this program.
EXPLOSIVES COUNTERMEASURES
The conferees agree to provide $86,582,000 for explosives
countermeasures, instead of $76,582,000 as proposed by the
House and a total of $86,582,000 as proposed by the Senate, of
which $81,582,000 was included in the Transportation Security
Administration account. The conferees include $13,500,000 for
Manhattan II as proposed by the House.
The conferees are concerned about the recent discoveries
by British officials of terrorist efforts to bring explosives
aboard aircraft. S&T has efforts underway to find and develop
practical technologies for detecting explosive substances
regardless of their shape or form. The conferees direct S&T to
aggressively pursue its efforts to develop such technologies
and strengthen any efforts to find explosives.
TRANSPORTATION SECURITY LABORATORY (TSL)
The conferees agree to keep the TSL within S&T. The
conferees direct S&T to work with Transportation Security
Administration (TSA) to determine appropriate detection
research and technology requirements to sustain current and
advance future aviation security capabilities. S&T should
clearly reflect resource needs for the TSL in the fiscal year
2008 budget request to achieve these requirements. The
conferees further direct S&T to work expeditiously with TSA to
develop a research execution plan that meets the needs of TSA
within the amounts provided.
PACIFIC NORTHWEST NATIONAL LABORATORY
The conferees include $2,000,000 for construction of
radiological laboratories at the Pacific Northwest National
Laboratory and direct the Department to fully fund its
obligations and characterize its efforts at this site in the
fiscal year 2008 budget submission.
CONVENTIONAL MISSIONS
The conferees agree to provide $85,622,000 for
Conventional Missions, as proposed by the House instead of
$80,000,000 as proposed by the Senate. The conferees provide
funding for the Regional Technology Integration initiative at
the fiscal year 2007 request level. The conferees support
Senate report language encouraging S&T to continue funding for
technology which enables users to collect and analyze
surveillance data to detect suspicious activities in the
vicinity of critical ports and infrastructure. The conferees
also support Senate report language continuing the Regional
Research Pilot program at the fiscal year 2006 level.
NEW TECHNOLOGIES
The conferees believe new technologies may significantly
help the Department as it seeks to secure our homeland. The
conferees encourage the Department to develop such technologies
as singlet oxygen generating chemical and enzymatic systems,
airborne rapid imaging, privacy Real ID technology, anti-
microbial coating free masks, lightweight miniature cooling
systems for protective gear, body armor designed to reduce back
problems, security of open source systems, nanotechnology based
flow cytometer, doorless maritime cargo container security
technology, deployment research of water and air system
biosensors, photonic and microsystem technologies for high
threat problem-solving and coordinate standards for intelligent
video software.
EMERGENT AND PROTOTYPICAL TECHNOLOGIES
The conferees provide $19,451,000 for Emergent and
Prototypical Technologies as proposed by the House instead of
$12,500,000 as proposed by the Senate. The conferees support
House report language supporting the budget request for the
Public Safety and Security Institute for Technology centralized
clearinghouse. The conferees direct DHS to work with the
operators of the relevant databases, websites and portals
within DHS, including the Responder Knowledge Base, to
integrate this information into the centralized clearinghouse.
CRITICAL INFRASTRUCTURE PROTECTION
The conferees agree to provide $35,413,000 for Critical
Infrastructure Protection research, including $20,000,000 to
support existing work in research and development and
application of technology for community-based critical
infrastructure protection efforts. The conferees provide up to
$5,000,000 for modeling and simulation.
UNIVERSITY PROGRAMS
The University program has the potential to facilitate
cutting-edge research on homeland security issues. The
conferees encourage S&T to solicit a wide variety of research
projects from the plethora of universities engaged in homeland
security research that focus on the greatest risks facing the
nation. The conferees direct the Under Secretary of Science and
Technology to brief the Committees on Appropriations, no later
than 60 days after the date of the enactment of this Act, on
the University-Based Centers of Excellence Program goals for
fiscal year 2007 and outcomes projected for each center for the
next three years.
COUNTER-MAN PORTABLE AIR DEFENSE SYSTEMS
The conferees provide $35,000,000 as proposed by the
Senate for a comprehensive passenger aircraft suitability
assessment. The conferees urge S&T to include the passenger
airline industry in the evaluation phase of this assessment.
The conferees direct the Under Secretary to brief the
Committees on Appropriations, no later than 60 days after the
enactment of this Act, on the expenditure plan for this
suitability assessment.
PROJECT 25 STANDARDS
Federal funding for first responder communication
equipment should be compliant with Project 25 standards, where
necessary. The conferees direct the Under Secretary of Science
and Technology, in conjunction with the Director of the
National Institute of Standards and Technology, to establish a
program to assess the compliance of first responder
communication equipment with Project 25 standards.
TUNNEL DETECTION
The conferees support the language in Senate Report 109-
273 requiring a briefing by the Under Secretary on tunnel
detection technologies being researched and developed to detect
and prevent illegal entry into the United States. The briefing
should also provide an assessment of the applicability of using
existing military and other tunnel detection technologies along
our borders.
INTERNET PROTOCOL INTEROPERABILITY
The conferees direct the Office of Interoperability and
Compatibility to amend SAFECOM guidelines to clarify that, for
purposes of providing near-term interoperability, funding
requests to improve interoperability need not be limited to the
purchase of new radios, but can also fund the purchase of
Internet-Protocol (IP) based interoperability solutions that
connect existing and future radios over an IP interoperability
network. Likewise, funding requests for transmission equipment
to construct mutual aid channels and upgrade such channels with
IP connectivity will also be considered, so long as P-25 and
other digital radios utilizing the public safety portions of
the 700 MHz band can operate over an IP interoperability
network.
Domestic Nuclear Detection Office
Management and Administration
The conferees agree to provide $30,468,000 for management
and administration as proposed by both the House and the
Senate.
ARCHITECTURE INVESTMENTS AND BUDGETING
The conferees direct the Domestic Nuclear Detection
Office (DNDO) to provide a report to the Committees on
Appropriations, no later than November 1, 2006, on the budget
crosscut of federal agencies involved in domestic nuclear
detection. The budget crosscut should include investments of
all agencies, how these investments will meet the goals of the
global strategy, the performance measures associated with these
investments, identification of investment gaps, and what
budgetary mechanisms DNDO will use to ensure it requests
appropriate resources.
RADIOACTIVE SOURCES
The conferees are concerned the risks and vulnerabilities
of radioactive sources may not have not been adequately
characterized and addressed. DNDO should work with the Nuclear
Regulatory Commission to determine the risks associated with,
and strengthen the regulation and control of, radioactive
sources as necessary.
RESEARCH, DEVELOPMENT, AND OPERATIONS
The conferees agree to provide $272,500,000 for Research,
Development, and Operations. Within the total, sufficient funds
are provided for the Cargo Advanced Automated Radiography
Systems as well as the Radiological and Nuclear Forensic and
Attributions programs. The total also includes no more than
$9,000,000 for the new university research program proposed in
the budget. The conferees make $15,000,000 unavailable for
obligation until the Secretary provides notification it has
entered into a Memorandum of Understanding with each federal
agency and organization participating in its global
architecture, which describe the role, responsibilities, and
resource commitments of each.
Systems Acquisition
ADVANCED SPECTROSCOPIC PORTAL MONITORS
The conferees are concerned preliminary testing of
Advanced Spectroscopic Portal (ASP) monitors indicates the
effectiveness of the new technology may fall well short of
levels anticipated in DNDO's cost-benefit analysis. To date,
the conferees have not received validated quantitative evidence
that ASP monitors perform more effectively in an operational
environment compared to current generation portal monitors.
Therefore, the conferees include bill language prohibiting DNDO
from full scale procurement of ASP monitors until the Secretary
has certified and reports to the Committees on Appropriations
that a significant increase in operational effectiveness merits
such a decision. The conferees recognize the potential benefit
of ASP technology and encourage continued testing and piloting
of these systems.
CONTAINER SECURITY
As described under the Office of the Secretary and
Executive Management, the conferees strongly support port,
container, and cargo security. As part of the Department's
strategic plan, U.S. Customs and Border Protection and DNDO are
directed to achieve 100 percent radiation examination of
containers entering the United States through the busiest 22
seaports of entry by December 31, 2007.
TITLE V--GENERAL PROVISIONS
Section 501. The conferees continue a provision proposed
by the House and Senate that no part of any appropriation shall
remain available for obligation beyond the current year unless
expressly provided.
Section 502. The conferees continue a provision proposed
by the House and Senate that unexpended balances of prior
appropriations may be merged with new appropriations accounts
and used for the same purpose, subject to reprogramming
guidelines.
Section 503. The conferees continue a provision proposed
by the House and Senate that provides authority to reprogram
appropriations within an account and to transfer not to exceed
5 percent between appropriations accounts with 15-day advance
notification of the Committees on Appropriations. A detailed
funding table identifying each Congressional control level for
reprogramming purposes is included at the end of this report.
These reprogramming guidelines shall be complied with by all
agencies funded by the Department of Homeland Security
Appropriations Act, 2007.
The conferees expect the Department to submit
reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent position)
levels for the current fiscal year and to the levels requested
in the President's budget for the following fiscal year.
The conferees expect the Department to manage its
programs and activities within the levels appropriated. The
conferees are concerned with the number of reprogramming
proposals submitted for consideration by the Department and
remind the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
Further, the conferees note that when the Department submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding, and if reconciliation is not possible, to consider
the reprogramming or transfer request unapproved.
The Department is not to propose a reprogramming or
transfer of funds after June 30th unless there are exceptional
or extraordinary circumstances such that lives or property are
placed in imminent danger.
Section 504. The conferees continue a provision proposed
by the Senate that none of the funds appropriated or otherwise
available to the Department may be used to make payment to the
Department's Working Capital Fund, except for activities and
amounts allowed in the President's fiscal year 2007 budget,
excluding sedan service, shuttle service, transit subsidy, mail
operations, parking, and competitive sourcing. The House bill
contained no similar provision.
Section 505. The conferees continue a provision proposed
by the House and Senate that not to exceed 50 percent of
unobligated balances remaining at the end of fiscal year 2007
from appropriations made for salaries and expenses shall remain
available through fiscal year 2008 subject to reprogramming
guidelines.
Section 506. The conferees continue a provision proposed
by the House and Senate deeming that funds for intelligence
activities are specifically authorized during fiscal year 2007
until the enactment of an Act authorizing intelligence
activities for fiscal year 2007.
Section 507. The conferees continue a provision proposed
by the House and Senate directing the Federal Law Enforcement
Training Center (FLETC) to lead the Federal law enforcement
training accreditation process.
Section 508. The conferees continue and modify a
provision proposed by the House and Senate requiring
notification of the Committees on Appropriations three business
days before any grant allocation, discretionary grant award,
discretionary contract award, letter of intent, or public
announcement of the intention to make such an award totaling in
excess of $1,000,000. Additionally, the Department is required
to brief the Committees on Appropriations five full business
days prior to announcing publicly the intention to make a State
Homeland Security Program; Law Enforcement Terrorism Prevention
Program; or High-Threat, High-Density Urban Areas grant award.
Section 509. The conferees continue a provision proposed
by the House and Senate that no agency shall purchase,
construct, or lease additional facilities for federal law
enforcement training without advance approval of the Committees
on Appropriations.
Section 510. The conferees continue a provision proposed
by the House and Senate that FLETC shall schedule basic and
advanced law enforcement training at all four training
facilities under its control to ensure that these training
centers are operated at the highest capacity.
Section 511. The conferees continue a provision proposed
by the House and Senate that none of the funds may be used for
any construction, repair, alteration, and acquisition project
for which a prospectus, as required by the Public Buildings Act
of 1959, has not been approved.
Section 512. The conferees continue a provision proposed
by the House and Senate that none of the funds may be used in
contravention of the Buy American Act.
Section 513. The conferees continue a provision proposed
by the House and Senate related to the transfer of the
authority to conduct background investigations from the Office
of Personnel Management to DHS. The conferees are concerned by
delays in personnel security and suitability background
investigations, update investigations and periodic
reinvestigations for Departmental employees and, in particular
for positions within the Office of the Secretary and Executive
Management, Office of the Under Secretary for Management,
Analysis and Operations, Immigration and Customs Enforcement,
the Directorate of Science and Technology, and the Directorate
for Preparedness. The conferees direct this authority be used
to expeditiously process background investigations, including
updates and reinvestigations, as necessary.
Section 514. The conferees continue and modify a
provision proposed by the House and Senate to prohibit the
obligation of funds for the Secure Flight program, except on a
test basis, until the requirements of section 522 of Public Law
108-334 have been met and certified by the Secretary of DHS and
reported by the Government Accountability Office (GAO). The
conferees direct the GAO to continue to evaluate DHS and
Transportation Security Administration (TSA) actions to meet
the ten conditions listed in section 522(a) of Public Law 108-
334 and to report to the Committees on Appropriations, either
incrementally as the Department meets additional conditions, or
when all conditions have been met by the Department. The
provision also prohibits the obligation of funds to develop or
test algorithms assigning risk to passengers not on government
watch lists and for a commercial database that is obtained from
or remains under the control of a non-federal entity, excluding
Passenger Name Record data obtained from air carriers. Within
90 days after enactment of this Act, TSA shall submit a
detailed plan on achieving key milestones, as well as
certification of this program.
Section 515. The conferees continue a provision proposed
by the House and Senate prohibiting funds to be used to amend
the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Section 516. The conferees continue a provision proposed
by the House and Senate regarding competitive sourcing.
Section 517. The conferees continue and modify a
provision proposed by the House and Senate regarding the
reimbursement to the Secret Service for the cost of protective
services.
Section 518. The conferees continue a provision proposed
by the House and Senate directing the Secretary of Homeland
Security, in consultation with industry stakeholders, to
develop standards and protocols for increasing the use of
explosive detection equipment to screen air cargo when
appropriate.
Section 519. The conferees continue and modify a
provision proposed by the House and Senate directing TSA to
utilize existing checked baggage explosive detection equipment
and screeners to screen cargo on passenger aircraft when
practicable and requiring TSA to report air cargo inspection
statistics to the Committees on Appropriations within 45 days
of the end of each quarter of the fiscal year.
Section 520. The conferees include a new provision
regarding the designation of funds.
Section 521. The conferees include and modify a provision
proposed by the House rescinding $78,693,508 for the Coast
Guard's service life extension program of the 110-foot Island
Class patrol boat and accelerated design and production of the
fast response cutter and appropriating the same amount for
acquisition of replacement patrol boats and service life
extensions. The Senate bill contained a similar provision in
Title II.
Section 522. The conferees continue a provision proposed
by the House and Senate that directs that only the Privacy
Officer, appointed pursuant to section 222 of the Homeland
Security Act of 2002, may alter, direct that changes be made
to, delay or prohibit the transmission of a Privacy Officer
report to Congress.
Section 523. The conferees continue a provision proposed
by the House and Senate requiring only those employees who are
trained in contract management to perform contract management.
Section 524. The conferees continue and modify a
provision proposed by the House and Senate directing that any
funds appropriated or transferred to TSA ``Aviation Security'',
``Administration'' and ``Transportation Security Support'' in
fiscal years 2004, 2005, and 2006 that are recovered or
deobligated shall be available only for procurement and
installation of explosive detection systems for air cargo,
baggage and checkpoint screening systems subject to
notification.
Section 525. The conferees continue and modify a
provision proposed by the House and Senate requiring DHS to
revise, within 30 days after enactment, its management
directive on Sensitive Security Information (SSI) to among
other things, provide for the release of certain SSI
information that is three years old unless the Secretary makes
a written determination that identifies a rational reason why
the information must remain SSI. The conferees expect this
rational reason written determination to identify and describe
the specific risk to the national transportation system. The
provision also contains a mechanism for SSI to be used in civil
judicial proceedings if the judge determines that is needed.
The conferees expect that a party will be able to demonstrate
undue hardship to the judge if equivalent information is not
available in one month's time. The conferees expect the
criminal history records check and terrorist threat assessment
on the persons seeking access to SSI in civil proceedings to be
identical to that conducted for aviation workers. The conferees
further expect any DHS demonstration of risk or harm to the
nation in a judicial proceeding include a description of the
specific risk to the national transportation system. This is
consistent with demonstrations made for classified information.
Section 526. The conferees continue a provision proposed
by the House and Senate extending the authorization of the
Working Capital Fund in fiscal year 2007.
Section 527. The conferees continue a provision proposed
by the House and Senate rescinding $16,000,000 from the
unobligated balances from prior year appropriations made
available for the ``Counterterrorism Fund''.
Section 528. The conferees continue and modify a
provision proposed by the House requiring monthly Disaster
Relief Fund financial reports. These changes are in part based
on recommendations made by the Government Accountability Office
in report GAO-06-834. The Senate bill contained no similar
provision.
Section 529. The conferees continue and modify a
provision proposed by the Senate rescinding $125,000,000 from
unexpended balances of the Science and Technology Directorate,
as proposed by the Senate and modified by the conferees. The
House bill contained no similar provision.
Section 530. The conferees continue a provision proposed
by the Senate regarding the enforcement of section 4025(1) of
Public Law 108-458. The House bill contained no similar
provision.
Section 531. The conferees continue and modify a
provision proposed by the House and Senate requiring the Chief
Financial Officer to submit monthly budget execution and
staffing reports within 45 days after the close of each month.
Section 532. The conferees continue and modify a
provision proposed by the House relating to undercover
investigative operations authority of the Secret Service for
fiscal year 2007. The Senate bill contained no similar
provision.
Section 533. The conferees continue a provision proposed
by the House directing the Director of the Domestic Nuclear
Detection Office to operate extramural and intramural research,
development, demonstration, testing, and evaluation programs so
as to distribute funding through grants, cooperative
agreements, other transactions and contracts. The Senate bill
contained no similar provision.
Section 534. The conferees continue a provision proposed
by the Senate regarding the Hancock County Port and Harbor
Commission of Mississippi. The House bill contained no similar
provision.
Section 535. The conferees continue and modify a
provision proposed by the House and Senate regarding the
importation of prescription drugs.
Section 536. The conferees continue a provision proposed
by the Senate directing the Department of Homeland Security to
account for the needs of household pets and service animals in
approving standards for state and local emergency preparedness
operational plans under the Stafford Act. The House bill
contained no similar provision.
Section 537. The conferees continue a provision proposed
by the House and Senate rescinding $4,776,000 of unobligated
balances from prior year appropriations made available for
Transportation Security Administration ``Aviation Security''
and ``Headquarters Administration''.
Section 538. The conferees continue a provision proposed
by the Senate rescinding $61,936,000 from the unobligated
balances of prior year appropriations for TSA ``Aviation
Security''. The House bill contained no similar provision.
Section 539. The conferees continue a provision proposed
by the Senate rescinding $20,000,000 from unexpended balances
of the United States Coast Guard ``Acquisition, Construction,
and Improvements'' account identified in House Report 109-241
for the development of the Offshore Patrol Cutter. The House
bill contained no similar provision.
Section 540. The conferees include a new provision
rescinding $4,100,000 from the Coast Guard's Automatic
Identification System. The Senate bill contained a similar
proposal. The House bill contained no similar proposal.
Section 541. The conferees continue a provision proposed
by the House permitting the Army Corps of Engineers to use
specific Meadowview Acres Addition lots in Augusta, Kansas, for
building portions of the flood-control levee. The conferees
expect FEMA to cooperate with and assist the Army Corps of
Engineers with regard to this section. The Senate bill
contained no similar provision.
Section 542. The conferees continue a provision proposed
by the Senate permitting the City of Cuero, Texas, to use grant
funds awarded under title I, chapter 6, Public Law 106-31 until
September 30, 2007. The House bill contained a similar
provision.
Section 543. The conferees continue a provision proposed
by the House prohibiting the use of funds to contravene the
federal buildings performance and reporting requirements of
Executive Order 13123, part 3 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8251 et seq.), or subtitle A
of title I of the Energy Policy Act of 2005. The Senate bill
contained no similar provision.
Section 544. The conferees continue a provision proposed
by the Senate classifying the instructor staff at the Federal
Law Enforcement Training Center as inherently governmental for
purposes of the Federal Activities Inventory Reform Act of
1998. The House bill contained no similar provision.
Section 545. The conferees continue a provision proposed
by the House prohibiting the use of funds to contravene section
303 of the Energy Policy Act. The Senate bill contained no
similar provision.
Section 546. The conferees continue and modify a
provision proposed by the Senate regarding the Western
Hemisphere Travel Initiative. The House bill contained no
similar provision.
Section 547. The conferees continue a provision proposed
by the House prohibiting the use of funds to award a contract
for major disaster or emergency assistance activities under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, except in accordance with section 307 of that Act. The
Senate bill contained no similar provision.
Section 548. The conferees continue a provision proposed
by the House prohibiting funds to be used to reimburse L.B. &
B. Associates, Inc. or Olgoonik Logistics LLC for attorney fees
related to litigation against Local 30 of the International
Union of Operating Engineers. The Senate bill contained no
similar provision.
Section 549. The conferees continue and modify a
provision proposed by the Senate regarding the Transportation
Security Administration's Acquisition Management System. The
House bill contained no similar provision.
Section 550. The conferees continue and modify a
provision proposed by the Senate to require the Secretary to
issue interim risk-based security regulations on high risk
chemical facilities. This three-year authorization gives the
Secretary and facilities flexibility to achieve the appropriate
risk reduction, but also provides the Secretary the means to
inspect and sanction non-compliant facilities, including
authority to shut down non-compliant facilities until they
comply. The provision protects sensitive information, but
allows it to be shared with appropriate authorities. The House
bill contained no similar provision.
Section 551. The conferees continue a provision proposed
by the Senate regarding unlawful border tunnels. The House bill
contained no similar provision.
Section 552. The conferees continue and modify a
provision proposed by the Senate prohibiting the Secretary of
Homeland Security from altering or reducing the Coast Guard's
civil engineering program until Congress receives and approves
any planned changes. The House bill contained no similar
provision.
Section 553. The conferees continue a provision proposed
by the Senate prohibiting the use of funds in contravention to
Executive Order 13149, relating to fleet and transportation
efficiency. The House bill contained no similar provision.
Section 554. The conferees continue a provision proposed
by the Senate requiring each air carrier to submit a plan to
the Transportation Security Administration on how it will
participate in the voluntary provision of the emergency
services program. The House bill contained no similar
provision.
Section 555. The conferees continue a provision proposed
by the Senate requiring the Director of the Federal Emergency
Management Agency, in conjunction with the Director of the
National Institute of Standards and Technology, to report on
federal earthquake response plans for high-risk earthquake
regions. The House bill contained no similar provision.
Section 556. The conferees continue a provision proposed
by the Senate directing the Secretary of Homeland Security to
revise procedures for clearing individuals who have been
mistakenly placed on a terrorist database list. The House bill
contained no similar provision.
Section 557. The conferees continue and modify a
provision proposed by the Senate prohibiting the confiscation
of firearms during certain national emergencies. The House bill
contained no similar provision.
Section 558. The conferees continue and modify a
provision proposed by the Senate to pilot an integrated
scanning system at foreign seaports. The House bill contained
no similar provision.
Section 559. The conferees include a new provision
rescinding $2,500,000 from the United States Secret Service
National Special Security Event Fund and re-appropriating the
same amount to the same account available until expended.
Section 560. The conferees include a new provision
requiring the transfer authority contained in section 505 of
the Homeland Security Act, as amended by Title VI of this Act,
concerning the reorganization of FEMA be subject to 31 U.S.C.
1531(a)(2).
PROVISIONS NOT ADOPTED
The conference agreement deletes section 516 of the House
bill maintaining the United States Secret Service as a distinct
entity within the Department of Homeland Security. The
provision is already enacted into law (section 607 of Public
Law 109-177).
The conference agreement deletes section 520 of the House
bill and Section 520 of the Senate bill relating to the
transportation worker identification credential.
The conference agreement deletes section 534 of the
Senate bill transferring the Transportation Security Laboratory
to the Transportation Security Administration.
The conference agreement deletes section 536 of the House
bill prohibiting the Transportation Security Administration
from employing nonscreener personnel in certain situations.
The conference agreement deletes section 536 of the
Senate bill prohibiting the use of funds for the Office of the
Federal Coordinator for Gulf Coast Rebuilding until certain
conditions are met. This issue is addressed in the statement of
managers under Departmental Management and Operations.
The conference agreement deletes section 541 of the House
bill reducing funds for the Office of the Secretary and
Executive Management and adding funds to Fire Fighter
Assistance Grants.
The conference agreement deletes section 541 of the
Senate bill requiring a report on agriculture inspections. This
requirement is addressed in the statement of managers under
Customs and Border Protection.
The conference agreement deletes section 542 of the House
bill adding funds to the Secret Service and Federal Emergency
Management Agency.
The conference agreement deletes section 542 of the
Senate bill requiring the conference report accompanying H.R.
5441 to contain any limitation, directive, or earmarking agreed
upon by both the House and Senate.
The conference agreement deletes section 543 of the House
bill relating to a limitation on funds to be used in
contravention of section 642(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
The conference agreement deletes section 543 of the
Senate bill requiring reports submitted to the Committees on
Appropriations and the annual budget justifications to be
posted on the Department's website with 48 hours. The conferees
note the Director of the Office of Management and Budget's
decision to post budget justifications and related material on
a public web site within two weeks of submitting the material
to Congress (OMB circular A-11).
The conference agreement deletes section 544 of the House
bill prohibiting the use of funds to provide information to
foreign governments about activities of organized volunteer
civilian action groups, unless required by international
treaty.
The conference agreement deletes section 544 of the
Senate bill providing funds to the Chief Financial Officer from
the Office of Domestic Preparedness. This requirement is
addressed in the statement of managers under Office of the
Chief Financial Officer.
The conference agreement deletes section 545 of the
Senate bill prohibiting the use of funds for the Long Range
Aids to Navigation stations, except for certain geographic
areas. This requirement is addressed in the statement of
managers under United States Coast Guard.
The conference agreement deletes section 546 of the
Senate bill regarding statutory limitations of the number of
TSA employees.
The conference agreement deletes section 547 of the
Senate bill requiring a report on actions to achieve
interoperable communications. This issue is addressed in the
statement of managers under Preparedness.
The conference agreement deletes section 549 of the
Senate bill relating to data-mining. This requirement is
addressed in the statement of managers under Office of the
Secretary and Executive Management.
The conference agreement deletes section 551 of the
Senate bill requiring the Department of Homeland Security to
conduct a pilot program at the Northern Border air wing bases
to test unmanned aerial vehicles. This requirement is addressed
in the statement of managers under Customs and Border
Protection.
The conference agreement deletes section 552 of the
Senate bill requiring Immigration and Customs Enforcement to
report on the costs and need of establishing a sub-office in
Greeley, Colorado. This requirement is addressed in the
statement of managers under Immigration and Customs
Enforcement.
The conference agreement deletes section 553 of the
Senate bill requiring a report on locating existing Louisiana
facilities and assets of the Coast Guard in the Federal City
Project of New Orleans, Louisiana. This requirement is
addressed in the statement of managers under United States
Coast Guard.
The conference agreement deletes section 554 of the
Senate bill that authorizes the Coast Guard to buy law
enforcement patrol boats. This requirement is addressed in the
statement of managers under United States Coast Guard.
The conference agreement deletes section 555 of the
Senate bill regarding the screening of municipal solid waste.
The conference agreement deletes section 557 of the
Senate bill requiring the Secretary of Homeland Security to
inspect and levy a fee to inspect international shipments of
municipal solid waste.
The conference agreement deletes section 558 of the
Senate bill requiring the evaluation of interoperable
communications for the 2010 Olympics. This requirement is
addressed in the statement of managers under Office of the
Secretary and Executive Management.
The conference agreement deletes section 560 of the
Senate bill reducing the amounts made available under this Act
for travel, transportation, printing, and reproduction.
The conference agreement deletes section 565 of the
Senate bill allowing the Coast Guard to use funds from its
Operating Expenses for the National Capital Region Air Defense
mission. This issue is addressed in the statement of managers
under United States Coast Guard.
The conference agreement deletes section 566 of the
Senate bill reflecting the sense of the Senate on combating
methamphetamine. This is addressed in the statement of managers
under Customs and Border Protection.
The conference agreement deletes section 567 of the
Senate bill requiring the Secretary of Homeland Security to
report on the compliance with the recommendations of the
Inspector General relating to the National Asset Database. This
requirement is addressed in the statement of managers under
Preparedness.
The conference agreement deletes section 568 of the
Senate bill requiring the Inspector General to review any
Secure Border Initiative contracts awarded over $20,000,000.
This requirement is addressed in the statement of managers
under Office of Inspector General.
The conference agreement deletes section 569 of the
Senate bill permitting funds from Title VI to be used for the
establishment of the Northern Border air wing site in Michigan.
This requirement is addressed in the statement of managers
under Customs and Border Protection.
The conference agreement deletes section 572 of the
Senate bill to expand the National Infrastructure Simulation
and Analysis Center. This issue is addressed in Title VI of
this Act.
The conference agreement deletes section 573 of the
Senate bill requiring the Secretary of Homeland Security to
consult with the National Council on Radiation Protection and
Measurement and other organizations in preparing guidance with
respect to radiological terrorism, threats, and events. This
requirement is addressed in the statement of managers under
Preparedness.
The conference agreement deletes section 574 of the
Senate bill requiring the Comptroller General to report on the
effect on public safety and screening operations from
modifications to the list of items prohibited from being
carried on commercial aircraft. This requirement is addressed
in the statement of managers under Transportation Security
Administration.
TITLE VI--BORDER SECURITY INFRASTRUCTURE ENHANCEMENTS
The conference agreement does not include Title VI of the
Senate bill, ``Border Security Infrastructure Enhancements.''
The House bill contained no similar matter. These matters are
addressed in Titles I-IV of this Conference Report and the
accompanying statement of managers.
The conference agreement includes new National Emergency
Management authority in Title VI of this Conference Report. The
Senate bill included ``United States Emergency Management
Authority'' in Title VIII. The House bill contained no similar
matter.
TITLE VII--SUPPLEMENTAL APPROPRIATIONS FOR PORT SECURITY ENHANCEMENTS
The conference agreement does not include Title VII of
the Senate bill, ``Supplemental Appropriations for Port
Security Enhancements.'' The House bill contained no similar
matter. These matters are addressed in Titles I-IV of this
Conference Report and the accompanying statement of managers.
TITLE VIII--UNITED STATES EMERGENCY MANAGEMENT AUTHORITY
The conference agreement does not include Title VIII of
the Senate bill, ``United States Emergency Management
Authority.'' The House bill contained no similar matter. The
conferees include new National Emergency Management authority
in Title VI of this Conference Report.
TITLE IX--BORDER ENFORCEMENT RELIEF ACT
The conference agreement does not include Title IX of the
Senate bill, ``Border Enforcement Relief Act.'' The House bill
contained no similar matter.
The conference agreement contains no appropriations as
defined in House Resolution 1000 that were not otherwise
addressed in the House or Senate bills or reports.
CONFERENCE RECOMMENDATIONS
The conference agreement's detailed funding
recommendations for programs in this bill are contained in the
table listed below.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2007 recommended by the Committee of Conference,
comparisons to the 2007 budget estimates, and the House and
Senate bills for 2007 follow:
[In thousands of dollars]
Budget estimates of new (obligational) authority, fiscal
year 2007........................................... 32,077,970
House bill, fiscal year 2007............................ 33,143,147
Senate bill, fiscal year 2007........................... 33,441,323
Conference agreement, fiscal year 2007.................. 34,797,323
Conference agreement compared with:
Budget estimates of new (obligational) authority,
fiscal year 2007.................................. +2,719,353
House bill, fiscal year 2007........................ +1,654,176
Senate bill, fiscal year 2007....................... +1,356,000
Harold Rogers,
Zach Wamp,
Tom Latham,
Jo Ann Emerson,
John E. Sweeney,
Jim Kolbe,
Ander Crenshaw,
John R. Carter,
Jerry Lewis,
Martin Olav Sabo,
David E. Price,
Jose E. Serrano,
Lucille Roybal-Allard,
Sanford D. Bishop,
Marion Berry,
Chet Edwards,
David R. Obey,
Managers on the Part of the House.
Judd Gregg,
Thad Cochran,
Ted Stevens,
Arlen Specter,
Pete V. Domenici,
Richard C. Shelby,
Larry E. Craig,
R.F. Bennett,
Wayne Allard,
Robert C. Byrd,
Daniel K. Inouye,
Patrick J. Leahy,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Harry Reid,
Dianne Feinstein,
Managers on the Part of the Senate.
