H. R. 5441

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

An Act 

Making appropriations for the Department of Homeland Security for the fiscal 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

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

not otherwise appropriated, for the fiscal year ending September 

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

purposes, namely: 

TITLE I 

DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

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

the Department of Homeland Security, as authorized by law, 

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

official reception and representation expenses: Provided further, That of the funds provided under this heading, $5,000,000 shall 

not be available for obligation until the Secretary of Homeland 

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

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

Homeland Security and Governmental Affairs of the Senate; and 

the Committee on Commerce, Science, and Transportation of the 

Senate that requires screening all inbound cargo, doubles the 

percentage of inbound cargo currently inspected, sets minimum 

standards for securing inbound cargo, and includes the fiscal year 

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

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

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

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

the House of Representatives, the Committee on Homeland Security 

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

on the Judiciary of the Senate and the House of Representatives 

no later than December 1, 2006, that includes: a comprehensive 
H. R. 5441—2

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 
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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; 
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(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 
H. R. 5441—5

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, infra- structure, 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; 
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(5) includes a certification by the Chief Procurement Officer 

of the Department of Homeland Security that procedures to 

prevent conflicts of interest between the prime integrator and 

major subcontractors are established and a certification by 

the Chief Information Officer of the Department of Homeland 

Security that an independent verification and validation agent 

is currently under contract for the project; 

(6) complies with all applicable acquisition rules, requirements, guidelines, and best systems acquisition management 

practices of the Federal Government; 

(7) complies with the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A–11, part 7; 

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

(9) is reviewed by the Government Accountability Office. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For necessary expenses for the operations, maintenance, and 

procurement of marine vessels, aircraft, unmanned aerial vehicles, 

and other related equipment of the air and marine program, 

including operational training and mission-related travel, and rental 

payments for facilities occupied by the air or marine interdiction 

and demand reduction programs, the operations of which include 

the following: the interdiction of narcotics and other goods; the 

provision of support to Federal, State, and local agencies in the 

enforcement or administration of laws enforced by the Department 

of Homeland Security; and at the discretion of the Secretary of 

Homeland Security, the provision of assistance to Federal, State, 

and local agencies in other law enforcement and emergency humanitarian efforts, $602,187,000, to remain available until expended: 

Provided, That of the amount provided under this heading, 

$232,000,000 of procurement is designated as described in section 

520 of this Act: Provided further, That no aircraft or other related 

equipment, with the exception of aircraft that are one of a kind 

and have been identified as excess to United States Customs and 

Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal 

agency, department, or office outside of the Department of Homeland Security during fiscal year 2007 without the prior approval 

of the Committees on Appropriations of the Senate and the House 

of Representatives. 

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $232,978,000, to remain available until expended: Provided,

That of the amount provided under this heading, $110,000,000 

is designated as described in section 520 of this Act. 
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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 auto- mated 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; 
H. R. 5441—8

(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 
H. R. 5441—9

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 
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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; 
H. R. 5441—11

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; 
H. R. 5441—12

(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, 
H. R. 5441—13

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 
H. R. 5441—14

available until expended: Provided, That of the total amount provided under this heading, $500,000 shall not be available for obligation until the Director of the Secret Service submits a revised 

master plan to the Committees on Appropriations of the Senate 

and the House of Representatives for the James J. Rowley Training 

Center. 

TITLE III 

PREPAREDNESS AND RECOVERY 

PREPAREDNESS 

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the immediate Office of the Under 

Secretary for Preparedness, the Office of the Chief Medical Officer, 

and the Office of National Capital Region Coordination, $30,572,000, 

of which no less than $2,741,000 may be used for the Office of 

National Capital Region Coordination, and of which $6,459,000 

shall be for the National Preparedness Integration Program: Provided, That none of the funds made available under this heading 

may be obligated for the National Preparedness Integration Program until the Committees on Appropriations of the Senate and 

the House of Representatives receive and approve a plan for 

expenditure prepared by the Secretary of Homeland Security: Provided further, That not to exceed $7,000 shall be for official reception 

and representation expenses: Provided further, That for purposes 

of planning, coordination and execution of mass evacuation during 

a disaster, the Governors of the State of West Virginia and the 

Commonwealth of Pennsylvania, or their designees, shall be 

included in efforts to integrate the activities of Federal, State, 

and local governments in the National Capital Region, as defined 

in section 882 of Public Law 107–296, the Homeland Security 

Act of 2002. 

OFFICE OF GRANTS AND TRAINING

STATE AND LOCAL PROGRAMS

For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism 

prevention activities, notwithstanding any other provision of law, 

$2,531,000,000, which shall be allocated as follows: 

(1) $525,000,000 for formula-based grants and $375,000,000 

for law enforcement terrorism prevention grants pursuant to 

section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): 

Provided, That the application for grants shall be made available to States within 45 days after the date of enactment 

of this Act; that States shall submit applications within 90 

days after the grant announcement; and the Office of Grants 

and Training shall act within 90 days after receipt of an application: Provided further, That not less than 80 percent of any 

grant under this paragraph to a State shall be made available 

by the State to local governments within 60 days after the 

receipt of the funds; except in the case of Puerto Rico, where 

not less than 50 percent of any grant under this paragraph 
H. R. 5441—15

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 
H. R. 5441—16

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. 
H. R. 5441—17

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. 
H. R. 5441—18

READINESS, MITIGATION, RESPONSE, AND RECOVERY

For necessary expenses for readiness, mitigation, response, and recovery activities, $244,000,000, including activities authorized by 

the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), 

the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction 

Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act 

of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of 

the National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security 

Act of 2002 (6 U.S.C. 101 et seq.): Provided, That of the total 

amount made available under this heading, $25,000,000 shall be 

for Urban Search and Rescue Teams, of which not to exceed 

$1,600,000 may be made available for administrative costs. 

PUBLIC HEALTH PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $33,885,000: 

Provided, That the total amount appropriated and, notwithstanding 

any other provision of law, the functions, personnel, assets, and 

liabilities of the National Disaster Medical System established 

under section 2811(b) of the Public Health Service Act (42 U.S.C. 

300hh–11(b)), including any functions of the Secretary of Homeland 

Security relating to such System, shall be permanently transferred 

to the Secretary of the Department of Health and Human Services 

effective January 1, 2007. 

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.), $1,500,000,000, to remain available until expended: Provided, That of the total amount provided, not to exceed $13,500,000 

shall be transferred to the Department of Homeland Security Office 

of Inspector General for audits and investigations related to natural 

disasters subject to section 503 of this Act. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program, as authorized by section 319 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5162), $569,000: 

Provided, That gross obligations for the principal amount of direct 

loans shall not exceed $25,000,000: Provided further, That the cost 

of modifying such loans shall be as defined in section 502 of the 

Congressional Budget Act of 1974 (2 U.S.C. 661a). 

FLOOD MAP MODERNIZATION FUND

For necessary expenses under section 1360 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and 
H. R. 5441—19

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. 
H. R. 5441—20

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’’. 
H. R. 5441—21

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 
H. R. 5441—22

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 
H. R. 5441—23

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 
H. R. 5441—24

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 
H. R. 5441—25

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. 
H. R. 5441—26

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 
H. R. 5441—27

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: 
H. R. 5441—28

(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. 
H. R. 5441—29

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 
H. R. 5441—30

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 
H. R. 5441—31

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. 
H. R. 5441—32

SEC. 538. RESCISSION. From the unobligated balances from 

prior year appropriations made available for Transportation Security Administration ‘‘Aviation Security’’, $61,936,000 are rescinded. 

SEC. 539. RESCISSION. From the unexpended balances of the 

United States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ account specifically identified in the Joint Explanatory 

Statement (House Report 109–241) accompanying the Department 

of Homeland Security Act, 2006 (Public Law 109–90) for the development of the Offshore Patrol Cutter, $20,000,000 are rescinded. 

SEC. 540. RESCISSION. From the unexpended balances of the 

United States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ account specifically identified in the Joint Explanatory 

Statement (House Report 109–241) accompanying the Department 

of Homeland Security Act, 2006 (Public Law 109–90) for the Automatic Identification System, $4,100,000 are rescinded. 

SEC. 541. Notwithstanding the requirements of section 

404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, the Army Corps of Engineers may use Lot 19, 

Block 1 of the Meadowview Acres Addition and Lot 8, Block 5 

of the Meadowview Acres Addition in Augusta, Kansas, for building 

portions of the flood-control levee. 

SEC. 542. Notwithstanding any time limitation established for 

a grant awarded under title I, chapter 6, Public Law 106–31, 

in the item relating to Federal Emergency Management Agency—

Disaster Assistance for Unmet Needs, the City of Cuero, Texas, 

may use funds received under such grant program until September 

30, 2007. 

SEC. 543. None of the funds made available by this Act shall 

be used in contravention of the Federal buildings performance and 

reporting requirements of Executive Order No. 13123, part 3 of 

title V of the National Energy Conservation Policy Act (42 U.S.C. 

8251 et seq.), or subtitle A of title I of the Energy Policy Act 

of 2005 (including the amendments made thereby). 

SEC. 544. The Federal Law Enforcement Training Center 

instructor staff shall be classified as inherently governmental for 

the purpose of the Federal Activities Inventory Reform Act of 1998 

(31 U.S.C. 501 note). 

SEC. 545. None of the funds made available in this Act may 

be used in contravention of section 303 of the Energy Policy Act 

of 1992 (42 U.S.C. 13212). 

SEC. 546. Section 7209(b)(1) of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 

1185 note) is amended by striking from ‘‘(1) DEVELOPMENT OF

PLAN.—The Secretary’’ through ‘‘7208(k)).’’ and inserting the following: 

‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTATION.—

‘‘(A) The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or combination of documents, 

deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship, for all travel into 

the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 

212(d)(4)(B) of the Immigration and Nationality Act (8 

U.S.C. 1182(d)(4)(B)). This plan shall be implemented not 
H. R. 5441—33

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 
H. R. 5441—34

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 
H. R. 5441—35

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 
H. R. 5441—36

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 
H. R. 5441—37

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 
H. R. 5441—38

Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; 

‘‘(2) require registration of any firearm for which registration is not required by Federal, State, or local law; 

‘‘(3) prohibit possession of any firearm, or promulgate any 

rule, regulation, or order prohibiting possession of any firearm, 

in any place or by any person where such possession is not 

otherwise prohibited by Federal, State, or local law; or 

‘‘(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or 

local law, solely because such person is operating under the 

direction, control, or supervision of a Federal agency in support 

of relief from the major disaster or emergency. 

‘‘(b) LIMITATION.—Nothing in this section shall be construed 

to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any 

mode of transportation used for rescue or evacuation during a 

major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or 

evacuation. 

‘‘(c) PRIVATE RIGHTS OF ACTION.—

‘‘(1) IN GENERAL.—Any individual aggrieved by a violation 

of this section may seek relief in an action at law, suit in 

equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual 

to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section. 

‘‘(2) REMEDIES.—In addition to any existing remedy in law 

or equity, under any law, an individual aggrieved by the seizure 

or confiscation of a firearm in violation of this section may 

bring an action for return of such firearm in the United States 

district court in the district in which that individual resides 

or in which such firearm may be found. 

‘‘(3) ATTORNEY FEES.—In any action or proceeding to enforce 

this section, the court shall award the prevailing party, other 

than the United States, a reasonable attorney’s fee as part 

of the costs.’’. 

SEC. 558. PILOT INTEGRATED SCANNING SYSTEM. (a) DESIGNATIONS.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Homeland Security (referred to in this section as the ‘‘Secretary’’) shall designate three foreign seaports through which containers pass 

or are transshipped to the United States to pilot an integrated 

scanning system that couples nonintrusive imaging equipment 

and radiation detection equipment, which may be provided 

by the Megaports Initiative of the Department of Energy. In 

making designations under this subsection, the Secretary shall 

consider three distinct ports with unique features and differing 

levels of trade volume. 

(2) COLLABORATION AND COOPERATION.—The Secretary 

shall collaborate with the Secretary of Energy and cooperate 

with the private sector and host foreign government to implement the pilot program under this subsection. 

(b) IMPLEMENTATION.—Not later than one year after the date 

of the enactment of this Act, the Secretary shall achieve a full-
H. R. 5441—39

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 
H. R. 5441—40

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); 
H. R. 5441—41

(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; 
H. R. 5441—42

‘‘(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 
H. R. 5441—43

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, 
H. R. 5441—44

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—
H. R. 5441—45

‘‘(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 
H. R. 5441—46

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 
H. R. 5441—47

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; 
H. R. 5441—48

‘‘(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; 
H. R. 5441—49

‘‘(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 
H. R. 5441—50

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. 
H. R. 5441—51

‘‘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. 
H. R. 5441—52

‘‘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 
H. R. 5441—53

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 
H. R. 5441—54

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 
H. R. 5441—55

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; 
H. R. 5441—56

‘‘(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. 
H. R. 5441—57

‘‘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—
H. R. 5441—58

‘‘(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 
H. R. 5441—59

‘‘(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. 
H. R. 5441—60

‘‘§ 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 
H. R. 5441—61

‘‘(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. 
H. R. 5441—62

‘‘§ 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; 
H. R. 5441—63

‘‘(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.’’.
H. R. 5441—64

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 
H. R. 5441—65

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 
H. R. 5441—66

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.’’. 
H. R. 5441—67

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. 
H. R. 5441—68

(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 
H. R. 5441—69

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. 
H. R. 5441—70

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. 
H. R. 5441—71

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. 
H. R. 5441—72

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 
H. R. 5441—73

(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 
H. R. 5441—74

(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. 
H. R. 5441—75

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. 
H. R. 5441—76

(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; 
H. R. 5441—77

(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, 
H. R. 5441—78

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 
H. R. 5441—79

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. 
H. R. 5441—80

‘‘(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, 
H. R. 5441—81

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—
H. R. 5441—82

‘‘(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. 
H. R. 5441—83

‘‘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 
H. R. 5441—84

‘‘(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. 
H. R. 5441—85

‘‘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 
H. R. 5441—86

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). 
H. R. 5441—87

‘‘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)); 
H. R. 5441—88

‘‘(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.’’.
H. R. 5441—89

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.’’.
H. R. 5441—90

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 
H. R. 5441—91

(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 
H. R. 5441—92

(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; 
H. R. 5441—93

(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’’. 
H. R. 5441—94

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), 
H. R. 5441—95

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.—
H. R. 5441—96

(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—
H. R. 5441—97

(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. 
H. R. 5441—98

(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: 
H. R. 5441—99

‘‘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,’’. 
H. R. 5441—100

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; 
H. R. 5441—101

(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 
H. R. 5441—102

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. 
H. R. 5441—103

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 
H. R. 5441—104

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 
H. R. 5441—105

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 
H. R. 5441—106

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 
H. R. 5441—107

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; 
H. R. 5441—108

(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.
H. R. 5441—109

SEC. 699A. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in this title shall be treated as 

referring only to the provisions of this title. 

This Act may be cited as the ‘‘Department of Homeland Security 

Appropriations Act, 2007’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.