PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1355

Public Law 109–295

109th Congress

An Act

Making appropriations for the Department of Homeland Security for the fiscal

year ending September 30, 2007, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2007, for the Department of Homeland Security and for other

purposes, namely:

TITLE I

DEPARTMENTAL MANAGEMENT AND OPERATIONS

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of

the Department of Homeland Security, as authorized by law,

$94,470,000: Provided, That not to exceed $40,000 shall be for

official reception and representation expenses: Provided further,

That of the funds provided under this heading, $5,000,000 shall

not be available for obligation until the Secretary of Homeland

Security submits a comprehensive port, container, and cargo security strategic plan to the Committees on Appropriations of the

Senate and the House of Representatives; the Committee on Homeland Security of the House of Representatives; the Committee on

Homeland Security and Governmental Affairs of the Senate; and

the Committee on Commerce, Science, and Transportation of the

Senate that requires screening all inbound cargo, doubles the

percentage of inbound cargo currently inspected, sets minimum

standards for securing inbound cargo, and includes the fiscal year

2007 performance requirements for port, container, and cargo security as specified in the joint explanatory statement accompanying

this Act: Provided further, That of the funds provided under this

heading, $10,000,000 shall not be available for obligation until

the Secretary submits the Secure Border Initiative multi-year strategic plan to the Committees on Appropriations of the Senate and

the House of Representatives, the Committee on Homeland Security

of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees

on the Judiciary of the Senate and the House of Representatives

no later than December 1, 2006, that includes: a comprehensive

Department of

Homeland

Security

Appropriations

Act, 2007.

Oct. 4, 2006

[H.R. 5441]

120 STAT. 1356 PUBLIC LAW 109–295—OCT. 4, 2006

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

Expenditure

plan.

Deadline.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1357

Security Act of 2002 (6 U.S.C. 121 et seq.), $299,663,000, to remain

available until September 30, 2008, of which not to exceed $5,000

shall be for official reception and representation expenses.

OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST

REBUILDING

For necessary expenses of the Office of the Federal Coordinator

for Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000

shall not be available for obligation until the Committees on Appropriations of the Senate and the House of Representatives receive

an expenditure plan for fiscal year 2007.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978

(5 U.S.C. App.), $85,185,000, of which not to exceed $100,000 may

be used for certain confidential operational expenses, including

the payment of informants, to be expended at the direction of

the Inspector General: Provided, That the Department of Homeland

Security Inspector General shall investigate whether, and to what

extent, in adjusting and settling claims resulting from Hurricane

Katrina, insurers making flood insurance coverage available under

the Write-Your-Own program pursuant to section 1345 of the

National Flood Insurance Act of 1968 (42 U.S.C. 4081) and subpart

C of part 62 of title 44, Code of Federal Regulations, improperly

attributed damages from such hurricane to flooding covered under

the insurance coverage provided under the national flood insurance

program rather than to windstorms covered under coverage provided by such insurers or by windstorm insurance pools in which

such insurers participated: Provided further, 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;

Reports.

Deadline.

120 STAT. 1358 PUBLIC LAW 109–295—OCT. 4, 2006

(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) policetype 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

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1359

the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent

excessive costs, or in cases of immigration emergencies.

AUTOMATION MODERNIZATION

For expenses for customs and border protection automated systems, $451,440,000, to remain available until expended, of which

not less than $316,800,000 shall be for the development of the

Automated Commercial Environment: Provided, That of the total

amount made available under this heading, $216,800,000 may not

be obligated for the Automated Commercial Environment until the

Committees on Appropriations of the Senate and the House of

Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that—

(1) meets the capital planning and investment control

review requirements established by the Office of Management

and Budget, including Circular A–11, part 7;

(2) complies with the Department of Homeland Security

information systems enterprise architecture;

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the

Federal Government;

(4) includes a certification by the Chief Information Officer

of the Department of Homeland Security that an independent

verification and validation agent is currently under contract

for the project;

(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and

(6) is reviewed by the Government Accountability Office.

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For expenses for customs and border protection fencing, infrastructure, and technology, $1,187,565,000, to remain available until

expended: Provided, That of the amount provided under this

heading, $1,159,200,000 is designated as described in section 520

of this Act: Provided further, 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;

Expenditure

plan.

Deadline.

120 STAT. 1360 PUBLIC LAW 109–295—OCT. 4, 2006

(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.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1361

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and

customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) policetype 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;

Reports.

Deadline.

120 STAT. 1362 PUBLIC LAW 109–295—OCT. 4, 2006

(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

Reports.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1363

for a project under any letter of intent shall be 75 percent for

any medium or large hub airport and not more than 90 percent

for any other airport, and all funding provided by section 44923(h)

of title 49, United States Code, or from appropriations authorized

under section 44923(i)(1) of title 49, United States Code, may be

distributed in any manner deemed necessary to ensure aviation

security and to fulfill the Government’s planned cost share under

existing letters of intent: Provided further, 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

Plan.

Deadline.

120 STAT. 1364 PUBLIC LAW 109–295—OCT. 4, 2006

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;

Notification.

Deadline.

Plan.

Deadline.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1365

personnel and training costs; and equipment and services;

$122,448,000.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation,

and improvement of aids to navigation, shore facilities, vessels,

and aircraft, including equipment related thereto; and maintenance,

rehabilitation, lease and operation of facilities and equipment, as

authorized by law; $1,330,245,000, of which $19,800,000 shall be

derived from the Oil Spill Liability Trust Fund to carry out the

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990

(33 U.S.C. 2712(a)(5)); of which $26,550,000 shall be available until

September 30, 2011, to acquire, repair, renovate, or improve vessels,

small boats, and related equipment; of which $15,000,000 shall

be available until September 30, 2011, to increase aviation capability; of which $119,823,000 shall be available until September

30, 2009, for other equipment; of which $22,000,000 shall be available until September 30, 2009, for shore facilities and aids to

navigation facilities; of which $81,000,000 shall be available for

personnel compensation and benefits and related costs; and of which

$1,065,872,000 shall be available until September 30, 2011, for

the Integrated Deepwater Systems program: Provided, That the

Commandant of the Coast Guard is authorized to dispose of surplus

real property, by sale or lease, and the proceeds shall be credited

to this appropriation as offsetting collections and shall be available

until September 30, 2009: 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;

Plan.

Deadline.

14 USC 663 note.

Review.

Deadline.

14 USC 663 note.

Reports.

Review.

120 STAT. 1366 PUBLIC LAW 109–295—OCT. 4, 2006

(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,

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1367

guard booths, and other facilities on private or other property

not in Government ownership or control, as may be necessary

to perform protective functions; payment of per diem or subsistence

allowances to employees where a protective assignment during the

actual day or days of the visit of a protectee requires an employee

to work 16 hours per day or to remain overnight at a post of

duty; conduct of and participation in firearms matches; presentation

of awards; travel of United States Secret Service employees on

protective missions without regard to the limitations on such

expenditures in this or any other Act if approval is obtained in

advance from the Committees on Appropriations of the Senate

and the House of Representatives; research and development; grants

to conduct behavioral research in support of protective research

and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions;

$961,779,000, of which not to exceed $25,000 shall be for official

reception and representation expenses: Provided, That up to

$18,000,000 provided for protective travel shall remain available

until September 30, 2008: Provided further, That up to $18,400,000

for candidate nominee protection shall remain available until September 30, 2009: Provided further, That up to $1,000,000 for

National Special Security Events shall remain available until

expended: Provided further, 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

Reports.

120 STAT. 1368 PUBLIC LAW 109–295—OCT. 4, 2006

available until expended: Provided, That of the total amount pro- vided 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

Puerto Rico.

Deadline.

West Virginia.

Pennsylvania.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1369

shall be made available to local governments within 60 days

after the receipt of the funds. (2) $1,229,000,000 for discretionary grants, as determined

by the Secretary of Homeland Security, of which—

(A) $770,000,000 shall be for use in high-threat, highdensity 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

Deadlines.

Notification.

Deadline.

120 STAT. 1370 PUBLIC LAW 109–295—OCT. 4, 2006

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.

Risk factors.

Reports.

Deadline.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1371

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2007, as

authorized in title III of the Departments of Veterans Affairs and

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100

percent of the amounts anticipated by the Department of Homeland

Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology

for assessment and collection of fees shall be fair and equitable

and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees

received under this heading shall be deposited in this account

as offsetting collections and will become available for authorized

purposes on October 1, 2007, and remain available until expended.

UNITED STATES FIRE ADMINISTRATION AND TRAINING

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire

Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and

the Homeland security Act of 2002 (6 U.S.C. 101 et seq.),

$46,849,000.

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and

information security programs and activities, as authorized by title

II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),

$547,633,000, of which $470,633,000 shall remain available until

September 30, 2008: Provided, 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.

Reports.

120 STAT. 1372 PUBLIC LAW 109–295—OCT. 4, 2006

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, dis- ease, 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

42 USC

300hh–11 note.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1373

such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until

expended: Provided, That total administrative costs shall not exceed

three percent of the total appropriation.

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFER OF FUNDS)

For activities under the National Flood Insurance Act of 1968

(42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act

of 1973 (42 U.S.C. 4001 et seq.), $128,588,000, which is available

as follows: (1) not to exceed $38,230,000 for salaries and expenses

associated with flood mitigation and flood insurance operations;

and (2) not to exceed $90,358,000 for flood hazard mitigation which

shall be derived from offsetting collections assessed and collected

under section 1307 of the National Flood Insurance Act of 1968

(42 U.S.C. 4001 et seq.), to remain available until September 30,

2008, including up to $31,000,000 for flood mitigation expenses

under section 1366 of that Act, which amount shall be available

for transfer to the National Flood Mitigation Fund until September

30, 2008: Provided, That in fiscal year 2007, no funds shall be

available from the National Flood Insurance Fund in excess of:

(1) $70,000,000 for operating expenses; (2) $692,999,000 for commissions and taxes of agents; (3) such sums as are necessary for

interest on Treasury borrowings; and (4) $50,000,000 for flood mitigation actions with respect to severe repetitive loss properties under

section 1361A of that Act (42 U.S.C. 4102a) and repetitive insurance

claims properties under section 1323 of that Act (42 U.S.C. 4030),

which shall remain available until expended: Provided further, That

total administrative costs shall not exceed three percent of the

total appropriation.

NATIONAL FLOOD MITIGATION FUND

(INCLUDING TRANSFER OF FUNDS)

Notwithstanding subparagraphs (B) and (C) of subsection (b)(3),

and subsection (f), of section 1366 of the National Flood Insurance

Act of 1968 (42 U.S.C. 4104c), $31,000,000, to remain available

until September 30, 2008, for activities designed to reduce the

risk of flood damage to structures pursuant to such Act, of which

$31,000,000 shall be derived from the National Flood Insurance

Fund.

NATIONAL PREDISASTER MITIGATION FUND

For a predisaster mitigation grant program under title II of

the Robert T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5131 et seq.), $100,000,000, to remain available

until expended: Provided, That grants made for predisaster mitigation shall be awarded on a competitive basis subject to the criteria

in section 203(g) of such Act (42 U.S.C. 5133(g)): Provided further,

That total administrative costs shall not exceed three percent of

the total appropriation.

120 STAT. 1374 PUBLIC LAW 109–295—OCT. 4, 2006

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’’.

42 USC 3771

note.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1375

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,

and related expenses of the Federal Law Enforcement Training

Center, $64,246,000, to remain available until expended: Provided,

That of the amount provided under this heading, $22,000,000 is

designated as described in section 520 of this Act: Provided further,

That the Center is authorized to accept reimbursement to this

appropriation from government agencies requesting the construction

of special use facilities.

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary

for Science and Technology and for management and administration

of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $135,000,000:

Provided, That of the amount provided under this heading, $60,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive

and approve an expenditure plan by program, project, and activity;

with a detailed breakdown and justification of the management

and administrative costs for each; prepared by the Secretary of

Homeland Security that has been reviewed by the Government

Accountability Office: Provided further, That the expenditure plan

shall describe the method utilized to derive administration costs

in fiscal year 2006 and the fiscal year 2007 budget request: Provided

further, That not to exceed $3,000 shall be for official reception

and representation expenses.

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research,

including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); and the

purchase or lease of not to exceed five vehicles, $838,109,000, to

remain available until expended: Provided, 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

Reports.

120 STAT. 1376 PUBLIC LAW 109–295—OCT. 4, 2006

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

Certification.

Reports.

Notification.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1377

for a specific activity by either of the Committees on Appropriations

of the Senate or House of Representatives for a different purpose;

or (5) contracts out any function or activity for which funds have

been appropriated for Federal full-time equivalent positions; 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

Deadlines.

Deadline.

Notification.

Deadline.

Notification.

Deadline.

Notification.

Deadline.

120 STAT. 1378 PUBLIC LAW 109–295—OCT. 4, 2006

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 formulabased grants; law enforcement terrorism prevention grants; or highthreat, 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

6 USC 111 note.

Termination

date.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1379

investigations, and periodic reinvestigations of applicants for, or

appointees in, positions in the Office of the Secretary and Executive

Management, the Office of the Under Secretary for Management,

Analysis and Operations, Immigration and Customs Enforcement,

the Directorate for Preparedness, and the Directorate of Science

and Technology of the Department of Homeland Security is transferred to the Department of Homeland Security: Provided, That

on request of the Department of Homeland Security, the Office

of Personnel Management shall cooperate with and assist the

Department in any investigation or reinvestigation under this section: Provided further, 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.

Deadline.

Plan.

Certification.

Reports.

Deadline.

Termination

date.

120 STAT. 1380 PUBLIC LAW 109–295—OCT. 4, 2006

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

Reports.

Deadline.

49 USC 44901

note.

18 USC 3056

note.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1381

Improvements’’ account specifically identified in the Joint Explanatory Statement (House Report 109–241) accompanying Public Law

109–90 for the Fast Response Cutter, the service life extension

program of the current 110-foot Island Class patrol boat fleet,

and accelerated design and production of the Fast Response Cutter,

$78,693,508 are rescinded.

(b) ADDITIONAL APPROPRIATION.—For necessary expenses of the

United States Coast Guard for ‘‘Acquisition, Construction, and

Improvements’’, there is appropriated an additional $78,693,508,

to remain available until September 30, 2009, for the service life

extension program of the current 110-foot Island Class patrol boat

fleet and the acquisition of traditional patrol boats (‘‘parent craft’’).

SEC. 522. None of the funds made available in this Act may

be used by any person other than the Privacy Officer appointed

under section 222 of the Homeland Security Act of 2002 (6 U.S.C.

142) to alter, direct that changes be made to, delay, or prohibit

the transmission to Congress of any report prepared under paragraph (6) of such section.

SEC. 523. No funding provided by this or previous appropriation

Acts shall be available to pay the salary of any employee serving

as a contracting officer’s technical representative (COTR), or anyone

acting in a similar or like capacity, who has not received COTR

training.

SEC. 524. Except as provided in section 44945 of title 49,

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ in fiscal years 2004,

2005, and 2006 that are recovered or deobligated shall be available

only for procurement and installation of explosive detection systems

for air cargo, baggage, and checkpoint screening systems, subject

to notification.

SEC. 525. (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:

Deadline.

Revision.

120 STAT. 1382 PUBLIC LAW 109–295—OCT. 4, 2006

(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.

31 USC 501 note.

Reports.

Deadline.

Reports.

Deadline.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1383

SEC. 527. RESCISSION. Of the unobligated balances from prior

year appropriations made available for the ‘‘Counterterrorism

Fund’’, $16,000,000 are rescinded.

SEC. 528. (a) The report required by Public Law 109–62 and

Public Law 109–90 detailing the allocation and obligation of funds

for ‘‘Disaster Relief’’ shall hereafter be submitted monthly and

include: (1) status of the Disaster Relief Fund (DRF) including

obligations, allocations, and amounts undistributed/unallocated; (2)

allocations, obligations, and expenditures for Hurricanes Katrina,

Rita, and Wilma; (3) information on national flood insurance claims;

(4) information on manufactured housing data; (5) information on

hotel/motel data; (6) obligations, allocations and expenditures by

State for unemployment, crisis counseling, inspections, housing

assistance, manufactured housing, public assistance and individual

assistance; (7) mission assignment obligations by agency, including:

(i) the amounts reimbursed to other agencies that are in suspense

because FEMA has not yet reviewed and approved the documentation supporting the expenditure; and (ii) a disclaimer if the amounts

of reported obligations and expenditures do not reflect the status

of such obligations and expenditures from a government-wide

perspective; (8) the amount of credit card purchases by agency

and mission assignment; (9) specific reasons for all waivers granted

and a description of each waiver; and (10) a list of all contracts

that were awarded on a sole source or limited competition basis,

including the dollar amount, the purpose of the contract and the

reason for the lack of competitive award.

(b) The Secretary of Homeland Security shall at least quarterly

obtain and report from agencies performing mission assignments

each such agency’s actual obligation and expenditure data.

(c) For any request for reimbursement from a Federal agency

to the Department of Homeland Security to cover expenditures

under the Stafford Act (42 U.S.C. 5121 et seq.), or any mission

assignment orders issued by the Department of Homeland Security

for such purposes, the Secretary of Homeland Security shall take

appropriate steps to ensure that each agency is periodically

reminded of Department of Homeland Security policies on—

(1) the detailed information required in supporting documentation for reimbursements, and

(2) the necessity for timeliness of agency billings.

SEC. 529. RESCISSION. Of the unobligated balances from prior

year appropriations made available for Science and Technology,

$125,000,000 from ‘‘Research, Development, Acquisition, and Operations’’ are rescinded.

SEC. 530. None of the funds made available in this Act may

be used to enforce section 4025(1) of Public Law 108–458 if the

Assistant Secretary (Transportation Security Administration) determines that butane lighters are not a significant threat to civil

aviation security: Provided, That the Assistant Secretary (Transportation Security Administration) shall notify the Committees on

Appropriations of the Senate and the House of Representatives

15 days in advance of such determination including a report on

whether the effectiveness of screening operations is enhanced by

suspending enforcement of the prohibition.

SEC. 531. Within 45 days after the close of each month, the

Chief Financial Officer of the Department of Homeland Security

shall submit to the Committees on Appropriations of the Senate

and the House of Representatives a monthly budget and staffing

Reports.

Deadline.

Notification.

Reports.

Deadline.

Reports.

Deadline.

Reports.

Deadline.

Disaster

assistance.

120 STAT. 1384 PUBLIC LAW 109–295—OCT. 4, 2006

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

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1385

determines is practicable, shall report the circumstance to the Secretary of Homeland Security. The proceeds of the liquidation, sale,

or other disposition, after obligations are met, shall be deposited

in the Treasury of the United States as miscellaneous receipts.

(e) FINANCIAL AUDITS AND REPORTS.—

(1) The Secret Service shall conduct detailed financial

audits of closed undercover investigative operations for which

a written certification was made pursuant to subsection (b)

on a quarterly basis and shall report the results of the audits

in writing to the Secretary of Homeland Security.

(2) The Secretary of Homeland Security shall annually

submit to the Committees on Appropriations of the Senate

and House of Representatives, at the time that the President’s

budget is submitted under section 1105(a) of title 31, a summary of such audits.

SEC. 533. The Director of the Domestic Nuclear Detection Office

shall operate extramural and intramural research, development,

demonstrations, testing and evaluation programs so as to distribute

funding through grants, cooperative agreements, other transactions

and contracts.

SEC. 534. 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.

Canada.

Drugs.

Mississippi.

Louisiana.

120 STAT. 1386 PUBLIC LAW 109–295—OCT. 4, 2006

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

Deadline. U.S.C. 1182(d)(4)(B)). This plan shall be implemented not

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1387

later than three months after the Secretary of State and

the Secretary of Homeland Security make the certifications

required in subsection (B), or June 1, 2009, whichever

is earlier. The plan shall seek to expedite the travel of

frequent travelers, including those who reside in border

communities, and in doing so, shall make readily available

a registered traveler program (as described in section

7208(k)).

‘‘(B) 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

Certification.

120 STAT. 1388 PUBLIC LAW 109–295—OCT. 4, 2006

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

Termination

date.

Regulations.

Regulations.

Deadline.

6 USC 121 note.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1389

46, United States Code: Provided, That this subsection does not

prohibit the sharing of such information, as the Secretary deems

appropriate, with State and local government officials possessing

the necessary security clearances, including law enforcement officials and first responders, for the purpose of carrying out this

section, provided that such information may not be disclosed pursuant to any State or local law: Provided further, That in any proceeding to enforce this section, vulnerability assessments, site security plans, and other information submitted to or obtained by the

Secretary under this section, and related vulnerability or security

information, shall be treated as if the information were classified

material.

(d) Any person who violates an order issued under this section

shall be liable for a civil penalty under section 70119(a) of title

46, United States Code: Provided, That nothing in this section

confers upon any person except the Secretary a right of action

against an owner or operator of a chemical facility to enforce any

provision of this section.

(e) The Secretary of Homeland Security shall audit and inspect

chemical facilities for the purposes of determining compliance with

the regulations issued pursuant to this section.

(f) Nothing in this section shall be construed to supersede,

amend, alter, or affect any Federal law that regulates the manufacture, distribution in commerce, use, sale, other treatment, or disposal of chemical substances or mixtures.

(g) If the Secretary determines that a chemical facility is not

in compliance with this section, the Secretary shall provide the

owner or operator with written notification (including a clear explanation of deficiencies in the vulnerability assessment and site security plan) and opportunity for consultation, and issue an order

to comply by such date as the Secretary determines to be appropriate under the circumstances: Provided, That if the owner or

operator continues to be in noncompliance, the Secretary may issue

an order for the facility to cease operation, until the owner or

operator complies with the order.

SEC. 551. (a) CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.—

Chapter 27 of title 18, United States Code, is amended by adding

at the end the following:

‘‘§ 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

120 STAT. 1390 PUBLIC LAW 109–295—OCT. 4, 2006

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

28 USC 994 note.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1391

the processes utilized by the Coast Guard and the Office of Management and Budget to analyze and assess such modification.

SEC. 553. None of the funds made available by this Act may

be used to take an action that would violate Executive Order

No. 13149 (65 Fed. Reg. 24607; relating to greening the government

through Federal fleet and transportation efficiency).

SEC. 554. (a) The Transportation Security Administration shall

require each air carrier and foreign air carrier that provides air

transportation or intrastate air transportation to submit plans to

the Transportation Security Administration on how such air carrier

will participate in the voluntary provision of emergency services

program established by section 44944(a) of title 49, United States

Code.

(b)(1) 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

42 USC 5207.

Deadline.

Procedures.

6 USC 485 note.

Reports.

Deadline.

Reports.

Deadline.

120 STAT. 1392 PUBLIC LAW 109–295—OCT. 4, 2006

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 fullDeadline.

Deadline.

6 USC 981a.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1393

scale implementation of the pilot integrated screening system, which

shall—

(1) scan all containers destined for the United States that

transit through the terminal;

(2) electronically transmit the images and information to

the container security initiative personnel in the host country

and/or Customs and Border Protection personnel in the United

States for evaluation and analysis;

(3) resolve every radiation alarm according to established

Department procedures;

(4) utilize the information collected to enhance the Automated Targeting System or other relevant programs; and

(5) store the information for later retrieval and analysis.

(c) EVALUATION.—The Secretary shall evaluate the pilot program in subsection (b) to determine whether such a system—

(1) has a sufficiently low false alarm rate for use in the

supply chain;

(2) is capable of being deployed and operated at ports

overseas, including consideration of cost, personnel, and infrastructure required to operate the system;

(3) is capable of integrating, where necessary, with existing

systems;

(4) does not significantly impact trade capacity and flow

of cargo at foreign or United States ports; and

(5) provides an automated notification of questionable or

high-risk cargo as a trigger for further inspection by appropriately trained personnel.

(d) REPORT.—Not later than 120 days after achieving full-scale

implementation under subsection (b), the Secretary, in consultation

with the Secretary of Energy and the Secretary of State, shall

submit a report, to the appropriate congressional committees, that

includes—

(1) an evaluation of the lessons derived from the pilot

program implemented under this section;

(2) an analysis of the efficacy of the Automated Targeted

System or other relevant programs in utilizing the images

captured to examine high-risk containers;

(3) an evaluation of software that is capable of automatically identifying potential anomalies in scanned containers;

and

(4) a plan and schedule to expand the integrated scanning

system developed under this section to other container security

initiative ports.

(e) IMPLEMENTATION.—If the Secretary determines the available

technology meets the criteria outlined in subsection (c), the Secretary, in cooperation with the Secretary of State, shall seek to

secure the cooperation of foreign governments to initiate and maximize the use of such technology at foreign ports to scan all cargo

bound for the United States as quickly as possible.

SEC. 559. (a) RESCISSION.—From the unexpended balances of

the United States Secret Service ‘‘Salaries and Expenses’’ account

specifically identified in the Joint Explanatory Statement (House

Report 109–241) accompanying the Department of Homeland Security Act, 2006 (Public Law 109–90) for National Special Security

Events, $2,500,000 are rescinded.

(b) ADDITIONAL APPROPRIATION.—For necessary expenses of the

United States Secret Service ‘‘Protection, Administration, and

120 STAT. 1394 PUBLIC LAW 109–295—OCT. 4, 2006

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);

6 USC 701.

6 USC 701 note.

Post-Katrina

Emergency

Management

Reform Act of

2006.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1395

(11) the terms ‘‘local government’’ and ‘‘State’’ have the

meaning given the terms in section 2 of the Homeland Security

Act of 2002 (6 U.S.C. 101);

(12) the term ‘‘National Incident Management System’’

means a system to enable effective, efficient, and collaborative

incident management;

(13) the term ‘‘National Response Plan’’ means the National

Response Plan or any successor plan prepared under section

502(a)(6) of the Homeland Security Act of 2002 (as amended

by this Act);

(14) the term ‘‘Secretary’’ means the Secretary of Homeland

Security;

(15) the term ‘‘surge capacity’’ means the ability to rapidly

and substantially increase the provision of search and rescue

capabilities, food, water, medicine, shelter and housing, medical

care, evacuation capacity, staffing (including disaster assistance

employees), and other resources necessary to save lives and

protect property during a catastrophic incident; and

(16) the term ‘‘tribal government’’ means the government

of an Indian tribe or authorized tribal organization, or in Alaska

a Native village or Alaska Regional Native Corporation.

Subtitle A—Federal Emergency

Management Agency

SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT

AGENCY.

Title V of the Homeland Security Act of 2002 (6 U.S.C. 311

et seq.) is amended—

(1) by striking the title heading and inserting the following:

‘‘TITLE V—NATIONAL EMERGENCY

MANAGEMENT’’;

(2) by striking section 501;

(3) by striking section 503;

(4) by striking section 507;

(5) by striking section 510 (relating to urban and other

high risk area communications capabilities);

(6) by redesignating sections 504, 505, 508, and 509 as

sections 517, 518, 519, and 520, respectively;

(7) by redesignating section 510 (relating to procurement

of security countermeasures for the strategic national stockpile)

as section 521;

(8) by redesignating section 502 as section 504;

(9) by redesignating section 506 as section 502 and transferring that section to before section 504, as redesignated by

paragraph (8) of this section;

(10) by inserting before section 502, as redesignated and

transferred by paragraph (9) of this section, the following:

‘‘SEC. 501. DEFINITIONS.

‘‘In this title—

‘‘(1) the term ‘Administrator’ means the Administrator of

the Agency;

120 STAT. 1396 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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

6 USC 313.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1397

agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond

to natural disasters, acts of terrorism, and other manmade 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,

120 STAT. 1398 PUBLIC LAW 109–295—OCT. 4, 2006

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—

6 USC 314.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1399

‘‘(A) mitigation, by taking sustained actions to reduce

or eliminate long-term risks to people and property from

hazards and their effects;

‘‘(B) preparedness, by planning, training, and building

the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from

any hazard;

‘‘(C) response, by conducting emergency operations to

save lives and property through positioning emergency

equipment, personnel, and supplies, through evacuating

potential victims, through providing food, water, shelter,

and medical care to those in need, and through restoring

critical public services; and

‘‘(D) recovery, by rebuilding communities so individuals, businesses, and governments can function on their

own, return to normal life, and protect against future hazards;

‘‘(10) increasing efficiencies, by coordinating efforts relating

to preparedness, protection, response, recovery, and mitigation;

‘‘(11) helping to ensure the effectiveness of emergency

response providers in responding to a natural disaster, act

of terrorism, or other man-made disaster;

‘‘(12) supervising grant programs administered by the

Agency;

‘‘(13) administering and ensuring the implementation of

the National Response Plan, including coordinating and

ensuring the readiness of each emergency support function

under the National Response Plan;

‘‘(14) coordinating with the National Advisory Council

established under section 508;

‘‘(15) preparing and implementing the plans and programs

of the Federal Government for—

‘‘(A) continuity of operations;

‘‘(B) continuity of government; and

‘‘(C) continuity of plans;

‘‘(16) minimizing, to the extent practicable, overlapping

planning and reporting requirements applicable to State, local,

and tribal governments and the private sector;

‘‘(17) maintaining and operating within the Agency the

National Response Coordination Center or its successor;

‘‘(18) developing a national emergency management system

that is capable of preparing for, protecting against, responding

to, recovering from, and mitigating against catastrophic

incidents;

‘‘(19) assisting the President in carrying out the functions

under the national preparedness goal and the national

preparedness system and carrying out all functions and authorities of the Administrator under the national preparedness

System;

‘‘(20) carrying out all authorities of the Federal Emergency

Management Agency and the Directorate of Preparedness of

the Department as transferred under section 505; and

‘‘(21) otherwise carrying out the mission of the Agency

as described in section 503(b).

‘‘(b) ALL-HAZARDS APPROACH.—In carrying out the responsibilities under this section, the Administrator shall coordinate the

implementation of a risk-based, all-hazards strategy that builds

120 STAT. 1400 PUBLIC LAW 109–295—OCT. 4, 2006

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

6 USC 316.

6 USC 315.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1401

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;

6 USC 317.

120 STAT. 1402 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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 multiagency 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;

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1403

‘‘(C) public affairs, response and recovery, and communications support personnel;

‘‘(D) a defense coordinating officer;

‘‘(E) liaisons to other Federal agencies;

‘‘(F) such other personnel as the Administrator or

Regional Administrator determines appropriate; and

‘‘(G) individuals from the agencies with primary

responsibility for each of the emergency support functions

in the National Response Plan.

‘‘(2) OTHER DUTIES.—The duties of an individual assigned

to a Regional Office strike team from another relevant agency

when such individual is not functioning as a member of the

strike team shall be consistent with the emergency preparedness activities of the agency that employs such individual.

‘‘(3) LOCATION OF MEMBERS.—The members of each

Regional Office strike team, including representatives from

agencies other than the Department, shall be based primarily

within the region that corresponds to that strike team.

‘‘(4) COORDINATION.—Each Regional Office strike team shall

coordinate the training and exercises of that strike team with

the State, local, and tribal governments and private sector

and nongovernmental entities which the strike team shall support when a natural disaster, act of terrorism, or other manmade 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

Deadline.

6 USC 318.

120 STAT. 1404 PUBLIC LAW 109–295—OCT. 4, 2006

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.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1405

‘‘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.

6 USC 319.

120 STAT. 1406 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘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 manmade 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

6 USC 321.

6 USC 320.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1407

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 manmade 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

6 USC 321a.

120 STAT. 1408 PUBLIC LAW 109–295—OCT. 4, 2006

a natural or man-made disaster unrelated to an act of terrorism,

if such use assists such government in building capabilities for

terrorism preparedness.

‘‘SEC. 513. DISABILITY COORDINATOR.

‘‘(a) IN GENERAL.—After consultation with organizations representing individuals with disabilities, the National Council on

Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive

Order No. 13347 (6 U.S.C. 312 note), the Administrator shall

appoint a Disability Coordinator. The Disability Coordinator shall

report directly to the Administrator, in order to ensure that the

needs of individuals with disabilities are being properly addressed

in emergency preparedness and disaster relief.

‘‘(b) RESPONSIBILITIES.—The Disability Coordinator shall be

responsible for—

‘‘(1) providing guidance and coordination on matters related

to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster,

act of terrorism, or other man-made disaster;

‘‘(2) interacting with the staff of the Agency, the National

Council on Disabilities, the Interagency Coordinating Council

on Preparedness and Individuals with Disabilities established

under Executive Order No. 13347 (6 U.S.C. 312 note), other

agencies of the Federal Government, and State, local, and tribal

government authorities regarding the needs of individuals with

disabilities in emergency planning requirements and relief

efforts in the event of a natural disaster, act of terrorism,

or other man-made disaster;

‘‘(3) consulting with organizations that represent the

interests and rights of individuals with disabilities about the

needs of individuals with disabilities in emergency planning

requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

‘‘(4) ensuring the coordination and dissemination of best

practices and model evacuation plans for individuals with

disabilities;

‘‘(5) ensuring the development of training materials and

a curriculum for training of emergency response providers,

State, local, and tribal government officials, and others on

the needs of individuals with disabilities;

‘‘(6) promoting the accessibility of telephone hotlines and

websites regarding emergency preparedness, evacuations, and

disaster relief;

‘‘(7) working to ensure that video programming distributors,

including broadcasters, cable operators, and satellite television

services, make emergency information accessible to individuals

with hearing and vision disabilities;

‘‘(8) ensuring the availability of accessible transportation

options for individuals with disabilities in the event of an

evacuation;

‘‘(9) providing guidance and implementing policies to ensure

that the rights and wishes of individuals with disabilities

regarding post-evacuation residency and relocation are

respected;

‘‘(10) ensuring that meeting the needs of individuals with

disabilities are included in the components of the national

6 USC 321b.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1409

preparedness system established under section 644 of the PostKatrina 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 manmade 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 USC 321e.

6 USC 321d.

6 USC 321c.

120 STAT. 1410 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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.

6 USC 313 note.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1411

‘‘Sec. 519. Use of national private sector networks in emergency response.

‘‘Sec. 520. Use of commercially available technology, goods, and services.

‘‘Sec. 521. Procurement of security countermeasures for strategic national stockpile.’’.

(f) INTERIM ACTIONS.—

(1) 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.

‘‘§ 10101. Definitions

‘‘For purposes of this chapter—

6 USC 701 note.

6 USC 701 note.

6 USC 313 note.

6 USC 311 note.

120 STAT. 1412 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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.

‘‘§ 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

Deadline.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1413

‘‘(D) specific strategies for the development, training,

and coordinated and rapid deployment of the Surge

Capacity Force; and

‘‘(3) a discussion that—

‘‘(A) details the number of employees of the Department

not employed by the Agency serving in the Surge Capacity

Force and the qualifications or credentials of such individuals;

‘‘(B) details the number of individuals not employed

by the Department serving in the Surge Capacity Force

and the qualifications or credentials of such individuals;

‘‘(C) describes the training given to the Surge Capacity

Force during the calendar year preceding the year of

submission of the plan under subsection (c);

‘‘(D) states whether the Surge Capacity Force is able

to adequately prepare for, respond to, and recover from

natural disasters, acts of terrorism, and other man-made

disasters, including catastrophic incidents; and

‘‘(E) describes any additional authorities or resources

necessary to address any deficiencies in the Surge Capacity

Force.

‘‘(c) ANNUAL UPDATES.—Not later than May 1, 2007, and May

1st of each of the next 5 succeeding years, the Administrator shall

submit to the appropriate committees of Congress an update of

the strategic human capital plan, including an assessment by the

Administrator, using results-oriented performance measures, of the

progress of the Department and the Agency in implementing the

strategic human capital plan.

‘‘§ 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.

120 STAT. 1414 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘§ 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.

‘‘§ 10105. Retention bonuses

‘‘(a) AUTHORITY.—The Administrator may pay, on a case-bycase 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

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1415

‘‘(2) the Administrator determines that, in the absence

of such a bonus, the employee would be likely to leave—

‘‘(A) the Federal service; or

‘‘(B) for a different position in the Federal service.

‘‘(b) SERVICE AGREEMENT.—Payment of a bonus under this section is contingent upon the employee entering into a written service

agreement with the Agency to complete a period of service with

the Agency. Such agreement shall include—

‘‘(1) the period of service the individual shall be required

to complete in return for the bonus; and

‘‘(2) the conditions under which the agreement may be

terminated before the agreed-upon service period has been completed, and the effect of the termination.

‘‘(c) BONUS AMOUNT.—

‘‘(1) IN GENERAL.—The amount of a bonus under this section

shall be determined by the Administrator, but may not exceed

25 percent of the annual rate of basic pay of the position

involved.

‘‘(2) FORM OF PAYMENT.—A bonus under this section shall

be paid in the form of a lump-sum payment and shall not

be considered to be part of basic pay.

‘‘(d) LIMITATION.—A bonus under this section—

‘‘(1) may not be based on any period of service which

is the basis for a recruitment bonus under section 10104;

‘‘(2) may not be paid to an individual who is appointed

to or holds—

‘‘(A) a position to which an individual is appointed

by the President, by and with the advice and consent

of the Senate;

‘‘(B) a position in the Senior Executive Service as a

noncareer appointee (as defined in section 3132(a)); or

‘‘(C) a position which has been excepted from the

competitive service by reason of its confidential, policydetermining, 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.

120 STAT. 1416 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘§ 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 highlyqualified 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;

Deadline.

6 USC 414.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1417

‘‘(E) invigorate the workforce with exciting and professionally rewarding opportunities;

‘‘(F) incorporate Department human capital strategic

plans and activities, and address critical human capital

deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and

‘‘(G) complement and incorporate (but not replace) rotational programs within the Department in effect on the

date of enactment of this section.

‘‘(3) ADMINISTRATION.—

‘‘(A) IN GENERAL.—The Chief Human Capital Officer

shall administer the Rotation Program.

‘‘(B) RESPONSIBILITIES.—The Chief Human Capital

Officer shall—

‘‘(i) provide oversight of the establishment and

implementation of the Rotation Program;

‘‘(ii) establish a framework that supports the goals

of the Rotation Program and promotes cross-disciplinary rotational opportunities;

‘‘(iii) establish eligibility for employees to participate in the Rotation Program and select participants

from employees who apply;

‘‘(iv) establish incentives for employees to participate in the Rotation Program, including promotions

and employment preferences;

‘‘(v) ensure that the Rotation Program provides

professional education and training;

‘‘(vi) ensure that the Rotation Program develops

qualified employees and future leaders with broadbased 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.’’.

120 STAT. 1418 PUBLIC LAW 109–295—OCT. 4, 2006

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

6 USC 415.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1419

which the employee enters the service of the other agency

that payment is required under that paragraph.

‘‘(B) AMOUNT OF PAYMENT.—If an employee is required

to make a payment under paragraph (1)(B), the agency

that sponsored the education of the employee shall determine the amount of the payment, except that such amount

may not exceed the pro rata share of the expenses incurred

for the time remaining in the 2-year period.

‘‘(3) RECOVERY OF PAYMENT.—If an employee who is

required to make a payment under this subsection does not

make the payment, a sum equal to the amount of the expenses

incurred by the Government for the education of that employee

is recoverable by the Government from the employee or his

estate by—

‘‘(A) setoff against accrued pay, compensation, amount

of retirement credit, or other amount due the employee

from the Government; or

‘‘(B) such other method as is provided by lay for the

recovery of amounts owing to the Government.’’.

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 1(b)

of the Homeland Security Act of 2002 (6 U.S.C. et seq.), as amended

by section 622, is amended by inserting after the item relating

to section 844 the following:

‘‘Sec. 845. Homeland Security Education Program.’’.

SEC. 624. 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

Deadline.

Plan.

6 USC 711.

120 STAT. 1420 PUBLIC LAW 109–295—OCT. 4, 2006

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.’’.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1421

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 PostKatrina 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 PostKatrina 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.

6 USC 723.

6 USC 722.

6 USC 721.

120 STAT. 1422 PUBLIC LAW 109–295—OCT. 4, 2006

(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 customerfocused, 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

Deadline.

6 USC 725.

6 USC 724.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1423

performance measures that are specific, measurable, achievable,

relevant, and timed, including—

(1) public assistance program project worksheet completion

rates; and

(2) public assistance reimbursement times.

(f) CLOSEOUT INCENTIVES.—The Administrator shall provide

incentives for the timely closeout of public assistance projects under

sections 406 and 407 of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5172 and 5173).

(g) TERMINATION.—Each recovery office shall terminate at the

discretion of the Administrator.

SEC. 639. 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.

Deadline.

6 USC 727.

6 USC 726.

120 STAT. 1424 PUBLIC LAW 109–295—OCT. 4, 2006

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.

6 USC 741.

6 USC 728.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1425

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.

6 USC 745.

6 USC 744.

6 USC 743.

6 USC 742.

120 STAT. 1426 PUBLIC LAW 109–295—OCT. 4, 2006

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

6 USC 747.

Deadline.

6 USC 746.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1427

(D) focus on maximizing operability, interoperability,

interchangeability, durability, flexibility, efficiency, efficacy, portability, sustainability, and safety.

(b) TRAINING STANDARDS.—The Administrator shall—

(1) support the development, promulgation, and regular

updating, as necessary, of national voluntary consensus standards for training; and

(2) ensure that the training provided under the national

training program is consistent with the standards.

(c) CONSULTATION WITH STANDARDS ORGANIZATIONS.—In carrying out this section, the Administrator shall consult with representatives of relevant public and private sector national voluntary

consensus standards development organizations.

SEC. 648. 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

Deadline.

Deadline.

6 USC 748.

120 STAT. 1428 PUBLIC LAW 109–295—OCT. 4, 2006

(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.

6 USC 750.

6 USC 749.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1429

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.

6 USC 752.

6 USC 751.

120 STAT. 1430 PUBLIC LAW 109–295—OCT. 4, 2006

(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;

6 USC 753.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1431

(C) sufficient physical resources; and

(D) the command, control, and communication channels

to make, monitor, and communicate decisions;

(2) complies with the National Incident Management

System;

(3) develops, trains, and exercises rosters of response personnel to be deployed when the agency is called upon to support

a Federal response; and

(4) develops deliberate operational plans and the corresponding capabilities, including crisis planning, to respond

effectively to natural disasters, acts of terrorism, and other

man-made disasters in support of the National Response Plan

to ensure a coordinated Federal response.

(b) OPERATIONAL PLANS.—An operations plan developed under

subsection (a)(4) shall meet the following requirements:

(1) The operations plan shall be coordinated under a unified

system with a common terminology, approach, and framework.

(2) The operations plan shall be developed, in coordination

with State, local, and tribal government officials, to address

both regional and national risks.

(3) The operations plan shall contain, as appropriate, the

following elements:

(A) Concepts of operations.

(B) Critical tasks and responsibilities.

(C) Detailed resource and personnel requirements,

together with sourcing requirements.

(D) Specific provisions for the rapid integration of the

resources and personnel of the agency into the overall

response.

(4) The operations plan shall address, as appropriate, the

following matters:

(A) Support of State, local, and tribal governments

in conducting mass evacuations, including—

(i) transportation and relocation;

(ii) short- and long-term sheltering and accommodation;

(iii) provisions for populations with special needs,

keeping families together, and expeditious location of

missing children; and

(iv) policies and provisions for pets.

(B) The preparedness and deployment of public health

and medical resources, including resources to address the

needs of evacuees and populations with special needs.

(C) The coordination of interagency search and rescue

operations, including land, water, and airborne search and

rescue operations.

(D) The roles and responsibilities of the Senior Federal

Law Enforcement Official with respect to other law enforcement entities.

(E) The protection of critical infrastructure.

(F) The coordination of maritime salvage efforts among

relevant agencies.

(G) The coordination of Department of Defense and

National Guard support of civilian authorities.

(H) To the extent practicable, the utilization of Department of Defense, National Air and Space Administration,

120 STAT. 1432 PUBLIC LAW 109–295—OCT. 4, 2006

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

6 USC 761.

6 USC 754.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1433

to ensure effective coordination of efforts in responding to requests

for assistance.

(d) AUTHORIZATION.—There is authorized to be appropriated

to carry out this section $4,000,000 for fiscal year 2008. Such

sums shall remain available until expended.

SEC. 662. 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.

6 USC 571.

6 USC 101 note.

21st Century

Emergency

Communications

Act of 2006.

President.

6 USC 764.

6 USC 763.

6 USC 762.

120 STAT. 1434 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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 manmade 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,

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1435

including Statewide and tactical interoperability plans, developed pursuant to homeland security assistance administered

by the Department, but excluding spectrum allocation and

management related to such plans;

‘‘(13) develop and update periodically, as appropriate, a

National Emergency Communications Plan under section 1802;

‘‘(14) perform such other duties of the Department necessary to support and promote the ability of emergency response

providers and relevant government officials to continue to

communicate in the event of natural disasters, acts of terrorism,

and other man-made disasters; and

‘‘(15) perform other duties of the Department necessary

to achieve the goal of and maintain and enhance interoperable

emergency communications capabilities.

‘‘(d) PERFORMANCE OF PREVIOUSLY TRANSFERRED FUNCTIONS.— The Secretary shall transfer to, and administer through, the

Director for Emergency Communications the following programs

and responsibilities:

‘‘(1) The SAFECOM Program, excluding elements related

to research, development, testing, and evaluation and standards.

‘‘(2) The responsibilities of the Chief Information Officer

related to the implementation of the Integrated Wireless Network.

‘‘(3) The Interoperable Communications Technical Assistance Program.

‘‘(e) COORDINATION.—The Director for Emergency Communications shall coordinate—

‘‘(1) as appropriate, with the Director of the Office for

Interoperability and Compatibility with respect to the responsibilities described in section 314; and

‘‘(2) with the Administrator of the Federal Emergency

Management Agency with respect to the responsibilities

described in this title.

‘‘(f) SUFFICIENCY OF RESOURCES PLAN.— ‘‘(1) REPORT.—Not later than 120 days after the date of

enactment of this section, the Secretary shall submit to Congress a report on the resources and staff necessary to carry

out fully the responsibilities under this title.

‘‘(2) COMPTROLLER GENERAL REVIEW.—The Comptroller

General shall review the validity of the report submitted by

the Secretary under paragraph (1). 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—

Deadline.

6 USC 572.

Reports.

Deadline.

120 STAT. 1436 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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 manmade 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 shortterm 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.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1437

‘‘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 manmade disasters, including Incidents of National Significance

declared by the Secretary under the National Response

Plan; and

6 USC 573.

120 STAT. 1438 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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 manmade 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.

6 USC 574.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1439

‘‘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

Reports.

Establishment.

6 USC 575.

120 STAT. 1440 PUBLIC LAW 109–295—OCT. 4, 2006

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).

6 USC 576.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1441

‘‘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));

6 USC 195.

6 USC 578.

6 USC 577.

120 STAT. 1442 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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.’’.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1443

SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY

RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—Title III of the Homeland Security Act of

2002 (6 U.S.C. 181 et seq.), as amended by this Act, is amended

by adding at the end the following:

‘‘SEC. 315. 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 manmade 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.’’.

6 USC 195a.

120 STAT. 1444 PUBLIC LAW 109–295—OCT. 4, 2006

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

6 USC 571 note.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1445

(D) by adding at the end the following:

‘‘(8) provide accelerated Federal assistance and Federal

support where necessary to save lives, prevent human suffering,

or mitigate severe damage, which may be provided in the

absence of a specific request and in which case the President—

‘‘(A) shall, to the fullest extent practicable, promptly

notify and coordinate with a State in which such assistance

or support is provided; and

‘‘(B) shall not, in notifying and coordinating with a

State under subparagraph (A), delay or impede the rapid

deployment, use, and distribution of critical resources to

victims of an emergency.’’;

(2) in subsection (b), by striking the period and inserting

‘‘, including precautionary evacuations.’’; and

(3) by adding at the end the following:

‘‘(c) 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 costeffective 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

6 USC 771.

President.

120 STAT. 1446 PUBLIC LAW 109–295—OCT. 4, 2006

(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;

6 USC 772.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1447

(5) describe programs directed to meet the needs of special

needs and low-income populations and ensure that a sufficient

number of housing units are provided for individuals with

disabilities;

(6) describe plans for the operation of clusters of housing

provided to individuals and households, including access to

public services, site management, security, and site density;

(7) describe plans for promoting the repair or rehabilitation

of existing rental housing, including through lease agreements

or other means, in order to improve the provision of housing

to individuals and households under section 408 of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5174); and

(8) describe any additional authorities necessary to carry

out any portion of the strategy.

(c) GUIDANCE.—The Administrator should develop and make

publicly available guidance on—

(1) types of housing assistance available under the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5121 et seq.) to individuals and households affected

by an emergency or major disaster;

(2) eligibility for such assistance (including, where appropriate, the continuation of such assistance); and

(3) application procedures for such assistance.

(d) REPORT.—

(1) IN GENERAL.—Not later than 270 days after the date

of enactment of this Act, the Administrator shall submit to

the appropriate committees of Congress a report describing

in detail the National Disaster Housing Strategy, including

programs directed to meeting the needs of special needs populations.

(2) UPDATED REPORT.—The Administrator shall submit to

the appropriate committees of Congress a report updating the

report submitted under paragraph (1)—

(A) on the same date that any change is made to

the National Disaster Housing Strategy; and

(B) on a periodic basis after the submission of the

report under paragraph (1), but not less than once every

5 years after the date of the submission of the report

under paragraph (1).

SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.

The third sentence of section 404(a) of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a))

is amended by striking ‘‘7.5 percent’’ and inserting ‘‘15 percent

for amounts not more than $2,000,000,000, 10 percent for amounts

of more than $2,000,000,000 and not more than $10,000,000,000,

and 7.5 percent on amounts of more than $10,000,000,000 and

not more than $35,333,000,000’’.

SEC. 685. HOUSING ASSISTANCE.

Section 408(c)(4) of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5174) is amended—

(1) by inserting ‘‘or semi-permanent’’ after ‘‘permanent’’;

and

(2) by striking ‘‘remote’’.

120 STAT. 1448 PUBLIC LAW 109–295—OCT. 4, 2006

SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.

Section 408(c) of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5174(c)) is amended—

(1) by striking paragraph (2)(C); and

(2) in paragraph (3)—

(A) by striking subparagraph (B); and

(B) by redesignating subparagraph (C) as subparagraph (B).

SEC. 687. COORDINATING OFFICERS.

Section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143(b)) is amended by adding

after subsection (c) the following:

‘‘(d) Where the area affected by a major disaster or emergency

includes parts of more than 1 State, the President, at the discretion

of the President, may appoint a single Federal coordinating officer

for the entire affected area, and may appoint such deputy Federal

coordinating officers to assist the Federal coordinating officer as

the President determines appropriate.’’.

SEC. 688. DEFINITIONS.

Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended—

(1) by amending paragraph (9) to read as follows:

‘‘(9) PRIVATE NONPROFIT FACILITY.— ‘‘(A) IN GENERAL.—The term ‘private nonprofit facility’

means private nonprofit educational, utility, irrigation,

emergency, medical, rehabilitational, and temporary or

permanent custodial care facilities (including those for the

aged and disabled) and facilities on Indian reservations,

as defined by the President.

‘‘(B) ADDITIONAL FACILITIES.—In addition to the facilities described in subparagraph (A), the term ‘private nonprofit facility’ includes any private nonprofit facility that

provides essential services of a governmental nature to

the general public (including museums, zoos, performing

arts facilities, community arts centers, libraries, homeless

shelters, senior citizen centers, rehabilitation facilities,

shelter workshops, and facilities that provide health and

safety services of a governmental nature), as defined by

the President.’’;

(2) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and

(3) by inserting after paragraph (5) the following:

‘‘(6) INDIVIDUAL WITH A DISABILITY.—The term ‘individual

with a disability’ means an individual with a disability as

defined in section 3(2) of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12102(2)).’’.

SEC. 689. INDIVIDUALS WITH DISABILITIES.

(a) GUIDELINES.—Not later than 90 days after the date of

enactment of this Act, and in coordination with the National

Advisory Council, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals With

Disabilities established under Executive Order No. 13347 (6 U.S.C.

312 note), and the Disability Coordinator (established under section

513 of the Homeland Security Act of 2002, as added by this Act),

Deadline.

6 USC 773.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1449

the Administrator shall develop guidelines to accommodate individuals with disabilities, which shall include guidelines for—

(1) the accessibility of, and communications and programs

in, shelters, recovery centers, and other facilities; and

(2) devices used in connection with disaster operations,

including first aid stations, mass feeding areas, portable

payphone stations, portable toilets, and temporary housing.

(b) ESSENTIAL ASSISTANCE.—Section 403(a) of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5170b(a)) is amended—

(1) in paragraph (2), by inserting ‘‘durable medical equipment,’’ after ‘‘medicine’’; and

(2) in paragraph (3)—

(A) in subparagraph (B), by inserting ‘‘durable medical

equipment,’’ after ‘‘medicine’’;

(B) in subparagraph (H), by striking ‘‘and’’ at the end;

(C) in subparagraph (I), by striking the period and

inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(J) provision of rescue, care, shelter, and essential

needs—

‘‘(i) to individuals with household pets and service

animals; and

‘‘(ii) to such pets and animals.’’.

(c) FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.— Section 408 of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5174) is amended—

(1) in subsection (b)(1), by inserting ‘‘, or with respect

to individuals with disabilities, rendered inaccessible or

uninhabitable,’’ after ‘‘uninhabitable’’; and

(2) in subsection (d)(1)(A)—

(A) in clause (i), by striking ‘‘and’’ after the semicolon;

(B) by redesignating clause (ii) as clause (iii); and

(C) by inserting after clause (i) the following:

‘‘(ii) meets the physical accessibility requirements

for individuals with disabilities; and’’.

SEC. 689a. NONDISCRIMINATION IN DISASTER ASSISTANCE.

Section 308(a) of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by

inserting ‘‘disability, English proficiency,’’ after ‘‘age,’’.

SEC. 689b. 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.—

6 USC 774.

120 STAT. 1450 PUBLIC LAW 109–295—OCT. 4, 2006

(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—

Website.

Communications

and telecommunications

Deadline.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1451

(1) in subparagraph (A), by striking ‘‘or’’ at the end;

(2) in subparagraph (B), by adding ‘‘or’’ after the semicolon;

and

(3) by inserting after subparagraph (B) the following:

‘‘(C) the individual is an individual under 21 years

of age who is displaced from the habitual residence of

that individual as a result of an emergency or major disaster (as those terms are defined in section 102 of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).’’.

(d) REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the Committee

on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on

Transportation and Infrastructure and the Committee on the

Judiciary of the House of Representatives a report describing in

detail the status of the Child Locator Center, including funding

issues and any difficulties or issues in establishing the Center

or completing the cooperative agreements described in subsection

(b)(3)(K).

SEC. 689c. 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 tollfree 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.

6 USC 775.

120 STAT. 1452 PUBLIC LAW 109–295—OCT. 4, 2006

(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:

42 USC 5196f.

Deadline.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1453

‘‘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,’’.

42 USC 5165d

note.

42 USC 5165d.

42 USC 5189d.

42 USC 5189c.

120 STAT. 1454 PUBLIC LAW 109–295—OCT. 4, 2006

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;

6 USC 776.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1455

(ii) findings and conclusions of the Administrator

with respect to the pilot program;

(iii) an assessment of additional authorities needed

to aid the Agency in its mission of providing disaster

housing assistance to individuals and households

eligible for assistance under section 408 of the Robert

T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5174), either under the pilot program

under this section or other potential housing programs;

and

(iv) any recommendations of the Administrator for

additional authority to continue or make permanent

the pilot program.

(b) PILOT PROGRAM PROJECT APPROVAL.—The Administrator

shall not approve a project under the pilot program after December

31, 2008.

SEC. 689j. 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

6 USC 777.

120 STAT. 1456 PUBLIC LAW 109–295—OCT. 4, 2006

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.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1457

5174) after that date, such unit shall be disposed of under subchapter III of chapter 5 of subtitle I of title 40, United States

Code.

(b) TRIBAL GOVERNMENTS.—Housing units described in subsection (a) shall be disposed of in coordination with the Department

of the Interior or other appropriate agencies in order to transfer

such units to tribal governments if appropriate.

Subtitle F—Prevention of Fraud, Waste,

and Abuse

SEC. 691. 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

Deadline.

6 USC 791.

120 STAT. 1458 PUBLIC LAW 109–295—OCT. 4, 2006

to maintain contracts for appropriate levels of goods and services

in accordance with subsection (a)(1)(C).

(d) REPORT ON CONTRACTS NOT USING COMPETITIVE PROCE- DURES.—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 costreimbursement 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 manmade 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

6 USC 793.

6 USC 792.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1459

to direct agency appropriations used for disaster response, relief,

and recovery activities.

(d) METHODS OF OVERSIGHT ACTIVITIES.— (1) IN GENERAL.—Oversight activities may be carried out

by an agency under this section either directly or by contract.

Such activities may include evaluations and financial and

performance audits.

(2) COORDINATION OF OVERSIGHT ACTIVITIES.—To the extent

practicable, evaluations and audits under this section shall

be performed by the inspector general of the agency.

(e) DEVELOPMENT OF OVERSIGHT PLANS.— (1) IN GENERAL.—If an agency receives oversight funds

for a fiscal year, the head of the agency shall prepare a plan

describing the oversight activities for disaster response, relief,

and recovery anticipated to be undertaken during the subsequent fiscal year.

(2) SELECTION OF OVERSIGHT ACTIVITIES.—In preparing the

plan, the head of the agency shall select oversight activities

based upon a risk assessment of those areas that present the

greatest risk of fraud, waste, and abuse.

(3) SCHEDULE.—The plan shall include a schedule for conducting oversight activities, including anticipated dates of

completion.

(f) FEDERAL DISASTER ASSISTANCE ACCOUNTABILITY REPORTS.— A Federal agency receiving oversight funds under this section shall

submit annually to the Administrator and the appropriate committees of Congress a consolidated report regarding the use of such

funds, including information summarizing oversight activities and

the results achieved.

(g) DEFINITION.—In this section, the term ‘‘oversight funds’’

means funds referred to in subsection (a) that are designated for

use in performing oversight activities.

SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.

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

307 and inserting the following:

‘‘SEC. 307. 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

42 USC 5150.

120 STAT. 1460 PUBLIC LAW 109–295—OCT. 4, 2006

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

6 USC 795.

6 USC 794.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1461

for Federal disaster relief assistance programs administered by

the Agency undergoes a review by the Inspector General of the

Agency to determine the existence and implementation of such

internal controls required under this section and the amendments

made by this section.

(c) VERIFICATION MEASURES FOR INDIVIDUALS AND HOUSEHOLDS

PROGRAM.—Section 408 of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5174) is amended—

(1) by redesignating subsection (i) as subsection (j); and

(2) by inserting after subsection (h) the following:

‘‘(i) VERIFICATION MEASURES.—In carrying out this section, the

President shall develop a system, including an electronic database,

that shall allow the President, or the designee of the President,

to—

‘‘(1) verify the identity and address of recipients of assistance under this section to provide reasonable assurance that

payments are made only to an individual or household that

is eligible for such assistance;

‘‘(2) minimize the risk of making duplicative payments

or payments for fraudulent claims under this section;

‘‘(3) collect any duplicate payment on a claim under this

section, or reduce the amount of subsequent payments to offset

the amount of any such duplicate payment;

‘‘(4) provide instructions to recipients of assistance under

this section regarding the proper use of any such assistance,

regardless of how such assistance is distributed; and

‘‘(5) conduct an expedited and simplified review and appeal

process for an individual or household whose application for

assistance under this section is denied.’’.

SEC. 697. 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;

6 USC 796.

120 STAT. 1462 PUBLIC LAW 109–295—OCT. 4, 2006

(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.

6 USC 811.

6 USC 797.

PUBLIC LAW 109–295—OCT. 4, 2006 120 STAT. 1463

LEGISLATIVE HISTORY—H.R. 5441:

HOUSE REPORTS: Nos. 109–476 (Comm. on Appropriations) and 109–699

(Comm. of Conference).

SENATE REPORTS: No. 109–273 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 152 (2006):

May 25, June 6, considered and passed House.

July 10–13, considered and passed Senate, amended.

Sept. 29, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Oct. 4, Presidential remarks and statement.

Æ

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’’.

Approved October 4, 2006.

6 USC 701 note.