`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5441 Enrolled Bill (ENR)]


        H.R.5441

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2007, and for other purposes.

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

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

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

                        Analysis and Operations

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $299,663,000, to remain 
available until September 30, 2008, of which not to exceed $5,000 shall 
be for official reception and representation expenses.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General

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

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

    United States Visitor and Immigrant Status Indicator Technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,494,000, to 
remain available until expended: Provided, That of the total amount 
made available under this heading, $200,000,000 may not be obligated 
for the United States Visitor and Immigrant Status Indicator Technology 
project until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that--
        (1) meets the capital planning and investment control review 
    requirements established by the Office of Management and Budget, 
    including Circular A-11, part 7;
        (2) complies with the Department of Homeland Security 
    information systems enterprise architecture;
        (3) complies with the acquisition rules, requirements, 
    guidelines, and systems acquisition management practices of the 
    Federal Government;
        (4) includes a certification by the Chief Information Officer 
    of the Department of Homeland Security that an independent 
    verification and validation agent is currently under contract for 
    the project;
        (5) is reviewed and approved by the Department of Homeland 
    Security Investment Review Board, the Secretary of Homeland 
    Security, and the Office of Management and Budget;
        (6) is reviewed by the Government Accountability Office;
        (7) includes a comprehensive strategic plan for the United 
    States Visitor and Immigrant Status Indicator Technology project; 
    and
        (8) includes a complete schedule for the full implementation of 
    a biometric exit program.

              United States Customs and Border Protection


                          salaries and expenses

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

                        automation modernization

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


         BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

    For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,187,565,000, to remain available 
until expended: Provided, That of the amount provided under this 
heading, $1,159,200,000 is designated as described in section 520 of 
this Act: Provided further, That of the amount provided under this 
heading, $950,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Secretary of 
Homeland Security and submitted within 60 days after the date of 
enactment of this Act, to establish a security barrier along the border 
of the United States of fencing and vehicle barriers, where 
practicable, and other forms of tactical infrastructure and technology, 
that--
        (1) defines activities, milestones, and costs for implementing 
    the program;
        (2) demonstrates how activities will further the goals and 
    objectives of the Secure Border Initiative (SBI), as defined in the 
    SBI multi-year strategic plan;
        (3) identifies funding and the organization staffing (including 
    full-time equivalents, contractors, and detailees) requirements by 
    activity;
        (4) reports on costs incurred, the activities completed, and 
    the progress made by the program in terms of obtaining operational 
    control of the entire border of the United States;
        (5) includes a certification by the Chief Procurement Officer 
    of the Department of Homeland Security that procedures to prevent 
    conflicts of interest between the prime integrator and major 
    subcontractors are established and a certification by the Chief 
    Information Officer of the Department of Homeland Security that an 
    independent verification and validation agent is currently under 
    contract for the project;
        (6) complies with all applicable acquisition rules, 
    requirements, guidelines, and best systems acquisition management 
    practices of the Federal Government;
        (7) complies with the capital planning and investment control 
    review requirements established by the Office of Management and 
    Budget, including Circular A-11, part 7;
        (8) is reviewed and approved by the Department of Homeland 
    Security Investment Review Board, the Secretary of Homeland 
    Security, and the Office of Management and Budget; and
        (9) is reviewed by the Government Accountability Office.


  air and marine interdiction, operations, maintenance, and procurement

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


                               construction

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

                  Immigration and Customs Enforcement


                          salaries and expenses

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


                        federal protective service

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


                         automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $15,000,000, to remain available until expended: Provided, 
That of the funds made available under this heading, $13,000,000 may 
not be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Security that--
        (1) meets the capital planning and investment control review 
    requirements established by the Office of Management and Budget, 
    including Circular A-11, part 7;
        (2) complies with the Department of Homeland Security 
    information systems enterprise architecture;
        (3) complies with the acquisition rules, requirements, 
    guidelines, and systems acquisition management practices of the 
    Federal Government;
        (4) includes a certification by the Chief Information Officer 
    of the Department of Homeland Security that an independent 
    verification and validation agent is currently under contract for 
    the project;
        (5) is reviewed and approved by the Department of Homeland 
    Security Investment Review Board, the Secretary of Homeland 
    Security, and the Office of Management and Budget; and
        (6) is reviewed by the Government Accountability Office.


                               construction

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

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,731,814,000, to remain 
available until September 30, 2008, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $3,768,266,000 shall be for screening operations, of which 
$141,400,000 shall be available only for procurement of checked baggage 
explosive detection systems and $138,000,000 shall be available only 
for installation of checked baggage explosive detection systems; and 
not to exceed $963,548,000 shall be for aviation security direction and 
enforcement: Provided further, That of the funds appropriated under 
this heading, $5,000,000 shall not be obligated until the Secretary of 
Homeland Security submits to the Committees on Appropriations of the 
Senate and the House of Representatives a detailed report in response 
to findings in the Department of Homeland Security Office of Inspector 
General report (OIG-04-44) concerning contractor fees: Provided 
further, That security service fees authorized under section 44940 of 
title 49, United States Code, shall be credited to this appropriation 
as offsetting collections and shall be available only for aviation 
security: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced on a dollar-for-dollar basis as such 
offsetting collections are received during fiscal year 2007, so as to 
result in a final fiscal year appropriation from the General Fund 
estimated at not more than $2,311,814,000: Provided further, That any 
security service fees collected in excess of the amount made available 
under this heading shall become available during fiscal year 2008: 
Provided further, That notwithstanding section 44923 of title 49, 
United States Code, the share of the cost of the Federal Government for 
a project under any letter of intent shall be 75 percent for any medium 
or large hub airport and not more than 90 percent for any other 
airport, and all funding provided by section 44923(h) of title 49, 
United States Code, or from appropriations authorized under section 
44923(i)(1) of title 49, United States Code, may be distributed in any 
manner deemed necessary to ensure aviation security and to fulfill the 
Government's planned cost share under existing letters of intent: 
Provided further, That by December 1, 2006, the Transportation Security 
Administration shall submit a detailed air cargo security action plan 
addressing each of the recommendations contained in the 2005 Government 
Accountability Office Report (GAO-06-76) on domestic air cargo security 
to the Committees on Appropriations of the Senate and the House of 
Representatives; the Committee on Homeland Security of the House of 
Representatives; the Committee on Homeland Security and Governmental 
Affairs of the Senate; and the Committee on Commerce, Science, and 
Transportation of the Senate: Provided further, That Members of the 
United States House of Representatives and United States Senate, 
including the leadership; and the heads of Federal agencies and 
commissions, including the Secretary, Under Secretaries, and Assistant 
Secretaries of the Department of Homeland Security; the United States 
Attorney General and Assistant Attorneys General and the United States 
attorneys; and senior members of the Executive Office of the President, 
including the Director of the Office of Management and Budget; shall 
not be exempt from Federal passenger and baggage screening: Provided 
further, That beginning in fiscal year 2007 and thereafter, 
reimbursement for security services and related equipment and supplies 
provided in support of general aviation access to the Ronald Reagan 
Washington National Airport shall be credited to this appropriation and 
shall be available until expended solely for those purposes: Provided 
further, That none of the funds in this Act shall be used to recruit or 
hire personnel into the Transportation Security Administration which 
would cause the agency to exceed a staffing level of 45,000 full-time 
equivalent screeners.


                     surface transportation security

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


            transportation threat assessment and credentialing

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

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $525,283,000, 
to remain available until September 30, 2008: Provided, That of the 
funds appropriated under this heading, $5,000,000 may not be obligated 
until the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a 
detailed expenditure plan for explosive detection systems 
refurbishment, procurement, and installations on an airport-by-airport 
basis for fiscal year 2007: Provided further, That this plan shall be 
submitted no later than 60 days after the date of enactment of this 
Act.


                           federal air marshals

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

                       United States Coast Guard

                           operating expenses

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


                 environmental compliance and restoration

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

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $122,448,000.

              acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,330,245,000, of which $19,800,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $26,550,000 shall be available until 
September 30, 2011, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $15,000,000 shall be 
available until September 30, 2011, to increase aviation capability; of 
which $119,823,000 shall be available until September 30, 2009, for 
other equipment; of which $22,000,000 shall be available until 
September 30, 2009, for shore facilities and aids to navigation 
facilities; of which $81,000,000 shall be available for personnel 
compensation and benefits and related costs; and of which 
$1,065,872,000 shall be available until September 30, 2011, for the 
Integrated Deepwater Systems program: Provided, That the Commandant of 
the Coast Guard is authorized to dispose of surplus real property, by 
sale or lease, and the proceeds shall be credited to this appropriation 
as offsetting collections and shall be available until September 30, 
2009: Provided further, That the Secretary of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, in conjunction with the President's fiscal year 
2008 budget, a review of the Revised Deepwater Implementation Plan that 
identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Deepwater assets to pre-Deepwater legacy 
assets; a status report of legacy assets; a detailed explanation of how 
the costs of legacy assets are being accounted for within the Deepwater 
program; a description of how the Coast Guard is planning for the human 
resource needs of Deepwater assets; a description of the competitive 
process conducted in all contracts and subcontracts exceeding 
$5,000,000 within the Deepwater program; and the earned value 
management system gold card data for each Deepwater asset: Provided 
further, That the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
comprehensive review of the Revised Deepwater Implementation Plan every 
five years, beginning in fiscal year 2011, that includes a complete 
projection of the acquisition costs and schedule for the duration of 
the plan through fiscal year 2027: Provided further, That the Secretary 
shall annually submit to the Committees on Appropriations of the Senate 
and the House of Representatives, at the time that the President's 
budget is submitted under section 1105(a) of title 31, United States 
Code, a future-years capital investment plan for the Coast Guard that 
identifies for each capital budget line item--
        (1) the proposed appropriation included in that budget;
        (2) the total estimated cost of completion;
        (3) projected funding levels for each fiscal year for the next 
    five fiscal years or until project completion, whichever is 
    earlier;
        (4) an estimated completion date at the projected funding 
    levels; and
        (5) changes, if any, in the total estimated cost of completion 
    or estimated completion date from previous future-years capital 
    investment plans submitted to the Committees on Appropriations of 
    the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified: Provided further, 
That of the amount provided under this heading, $175,800,000 is 
designated as described in section 520 of this Act.


                          alteration of bridges

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


               Research, Development, Test, and Evaluation

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


                               retired pay

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

                      United States Secret Service


                 protection, administration, and training

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 755 vehicles for police-type use, 
of which 624 shall be for replacement only, and hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; hire of 
aircraft; services of expert witnesses at such rates as may be 
determined by the Director of the Secret Service; rental of buildings 
in the District of Columbia, and fencing, lighting, guard booths, and 
other facilities on private or other property not in Government 
ownership or control, as may be necessary to perform protective 
functions; payment of per diem or subsistence allowances to employees 
where a protective assignment during the actual day or days of the 
visit of a protectee requires an employee to work 16 hours per day or 
to remain overnight at a post of duty; conduct of and participation in 
firearms matches; presentation of awards; travel of United States 
Secret Service employees on protective missions without regard to the 
limitations on such expenditures in this or any other Act if approval 
is obtained in advance from the Committees on Appropriations of the 
Senate and the House of Representatives; research and development; 
grants to conduct behavioral research in support of protective research 
and operations; and payment in advance for commercial accommodations as 
may be necessary to perform protective functions; $961,779,000, of 
which not to exceed $25,000 shall be for official reception and 
representation expenses: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 30, 2008: 
Provided further, That up to $18,400,000 for candidate nominee 
protection shall remain available until September 30, 2009: Provided 
further, That up to $1,000,000 for National Special Security Events 
shall remain available until expended: Provided further, That of the 
total amount provided under this heading, $2,000,000 shall not be 
available for obligation until the Director of the Secret Service 
submits a comprehensive workload re-balancing report to the Committees 
on Appropriations of the Senate and the House of Representatives that 
includes funding and position requirements for current investigative 
and protective operations: Provided further, That the United States 
Secret Service is authorized to obligate funds in anticipation of 
reimbursements from Federal agencies and entities, as defined in 
section 105 of title 5, United States Code, receiving training 
sponsored by the James J. Rowley Training Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year.


                   INVESTIGATIONS AND FIELD OPERATIONS

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


      acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,725,000, to remain 
available until expended: Provided, That of the total amount provided 
under this heading, $500,000 shall not be available for obligation 
until the Director of the Secret Service submits a revised master plan 
to the Committees on Appropriations of the Senate and the House of 
Representatives for the James J. Rowley Training Center.

                               TITLE III

                       PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                     Management and Administration

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

                     Office of Grants and Training

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $2,531,000,000, which shall be allocated as follows:
        (1) $525,000,000 for formula-based grants and $375,000,000 for 
    law enforcement terrorism prevention grants pursuant to section 
    1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That the 
    application for grants shall be made available to States within 45 
    days after the date of enactment of this Act; that States shall 
    submit applications within 90 days after the grant announcement; 
    and the Office of Grants and Training shall act within 90 days 
    after receipt of an application: Provided further, That not less 
    than 80 percent of any grant under this paragraph to a State shall 
    be made available by the State to local governments within 60 days 
    after the receipt of the funds; except in the case of Puerto Rico, 
    where not less than 50 percent of any grant under this paragraph 
    shall be made available to local governments within 60 days after 
    the receipt of the funds.
        (2) $1,229,000,000 for discretionary grants, as determined by 
    the Secretary of Homeland Security, of which--
            (A) $770,000,000 shall be for use in high-threat, high-
        density urban areas: Provided, That not later than September 
        30, 2007, the Secretary shall distribute any unallocated funds 
        made available for assistance to organizations (as described 
        under section 501(c)(3) of the Internal Revenue Code of 1986 
        and exempt from tax under section 501(a) of such Code) 
        determined by the Secretary to be at high-risk of international 
        terrorist attack under title III of the Department of Homeland 
        Security Appropriations Act, 2006 under the heading ``Office 
        for Domestic Preparedness--State and Local Programs'' (Public 
        Law 109-90; 119 Stat. 2075) in paragraph (2)(A): Provided 
        further, That applicants shall identify for the Secretary's 
        consideration prior threats or attacks (within or outside the 
        United States) by a terrorist organization, network, or cell 
        against an organization described in the previous proviso, and 
        the Secretary shall consider prior threats or attacks (within 
        or outside the United States) against like organizations when 
        determining risk: Provided further, That the Secretary shall 
        notify the Committees on Appropriations of the Senate and the 
        House of Representatives the high risk or potential high risk 
        to each designated tax exempt grantee at least five full 
        business days in advance of the announcement of any grant 
        award;
            (B) $210,000,000 shall be for port security grants pursuant 
        to the purposes of section 70107(a) through (h) of title 46, 
        United States Code, which shall be awarded based on risk 
        notwithstanding subsection (a), for eligible costs as described 
        in subsections (b)(2) through (4);
            (C) $12,000,000 shall be for trucking industry security 
        grants;
            (D) $12,000,000 shall be for intercity bus security grants;
            (E) $175,000,000 shall be for intercity rail passenger 
        transportation (as defined in section 24102 of title 49, United 
        States Code), freight rail, and transit security grants; and
            (F) $50,000,000 shall be for buffer zone protection grants:
    Provided, That for grants under subparagraph (A), the application 
    for grants shall be made available to States within 45 days after 
    the date of enactment of this Act; that States shall submit 
    applications within 90 days after the grant announcement; and that 
    the Office of Grants and Training shall act within 90 days after 
    receipt of an application: Provided further,  That no less than 80 
    percent of any grant under this paragraph to a State shall be made 
    available by the State to local governments within 60 days after 
    the receipt of the funds: Provided further, That for grants under 
    subparagraphs (B) through (F), the applications for such grants 
    shall be made available to eligible applicants not later than 75 
    days after the date of enactment of this Act, eligible applicants 
    shall submit applications not later than 45 days after the date of 
    the grant announcement, and the Office of Grants and Training shall 
    act on such applications not later than 60 days after the date on 
    which such an application is received.
        (3) $50,000,000 shall be available for the Commercial Equipment 
    Direct Assistance Program.
        (4) $352,000,000 for training, exercises, technical assistance, 
    and other programs:
Provided, That none of the grants provided under this heading shall be 
used for the construction or renovation of facilities, except for a 
minor perimeter security project, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the preceding proviso shall not apply to grants under 
subparagraphs (B), (E), and (F) of paragraph (2) of this heading: 
Provided further, That grantees shall provide additional reports on 
their use of funds, as determined necessary by the Secretary of 
Homeland Security: Provided further, That funds appropriated for law 
enforcement terrorism prevention grants under paragraph (1) of this 
heading and discretionary grants under paragraph (2)(A) of this heading 
shall be available for operational costs, to include personnel overtime 
and overtime associated with the Office of Grants and Training 
certified training, as needed: Provided further, That the Government 
Accountability Office shall report on the validity, relevance, 
reliability, timeliness, and availability of the risk factors 
(including threat, vulnerability, and consequence) used by the 
Secretary for the purpose of allocating discretionary grants funded 
under this heading, and the application of those factors in the 
allocation of funds to the Committees on Appropriations of the Senate 
and the House of Representatives on its findings not later than 45 days 
after the date of enactment of this Act: Provided further, That within 
seven days after the date of enactment of this Act, the Secretary shall 
provide the Government Accountability Office with the risk methodology 
and other factors that will be used to allocate discretionary grants 
funded under this heading.


                      firefighter assistance grants

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


                 emergency management performance grants

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

              radiological emergency preparedness program

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

             United States Fire Administration and Training

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

           Infrastructure Protection and Information Security

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

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                 Administrative and Regional Operations

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

             Readiness, Mitigation, Response, and Recovery

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

                         Public Health Programs


                      (including transfer of funds)

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

                            Disaster Relief


                      (including transfer of funds)

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

            Disaster Assistance Direct Loan Program Account

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

                      Flood Map Modernization Fund

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed three 
percent of the total appropriation.

                     National Flood Insurance Fund


                      (including transfer of funds)

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

                     National Flood Mitigation Fund


                      (including transfer of funds)

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

                  National Predisaster Mitigation Fund

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

                       Emergency Food and Shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center


                          salaries and expenses

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


      acquisition, construction, improvements, and related expenses

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

                         Science and Technology


                      management and administration

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


            research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office


                      MANAGEMENT AND ADMINISTRATION

    For salaries and expenses of the Domestic Nuclear Detection Office 
and for management and administration of programs and activities, 
$30,468,000: Provided, That no funds will be made available for the 
reimbursement of individuals from other Federal agencies or 
organizations in fiscal year 2009: Provided further, That not to exceed 
$3,000 shall be for official reception and representation expenses.


                  RESEARCH, DEVELOPMENT, AND OPERATIONS

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


                           SYSTEMS ACQUISITION

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2007, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either of the Committees 
on Appropriations of the Senate or House of Representatives for a 
different purpose; or (5) contracts out any function or activity for 
which funds have been appropriated for Federal full-time equivalent 
positions; unless the Committees on Appropriations of the Senate and 
the House of Representatives are notified 15 days in advance of such 
reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2007, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) of this section and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    Sec. 504. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in the 
President's fiscal year 2007 budget, excluding sedan service, shuttle 
service, transit subsidy, mail operations, parking, and competitive 
sourcing: Provided, That any additional activities and amounts shall be 
approved by the Committees on Appropriations of the Senate and the 
House of Representatives 30 days in advance of obligation.
    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2007 from appropriations for salaries and expenses 
for fiscal year 2007 in this Act shall remain available through 
September 30, 2008, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2007 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2007.
    Sec. 507. The Federal Law Enforcement Training Center shall lead 
the Federal law enforcement training accreditation process, to include 
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, to 
continue the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.
    Sec. 508. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an award, unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
three full business days in advance: Provided, That no notification 
shall involve funds that are not available for obligation: Provided 
further, That the Office of Grants and Training shall brief the 
Committees on Appropriations of the Senate and the House of 
Representatives five full business days in advance of announcing 
publicly the intention of making an award of formula-based grants; law 
enforcement terrorism prevention grants; or high-threat, high-density 
urban areas grants.
    Sec. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not 
been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 513. Notwithstanding any other provision of law, the authority 
of the Office of Personnel Management to conduct personnel security and 
suitability background investigations, update investigations, and 
periodic reinvestigations of applicants for, or appointees in, 
positions in the Office of the Secretary and Executive Management, the 
Office of the Under Secretary for Management, Analysis and Operations, 
Immigration and Customs Enforcement, the Directorate for Preparedness, 
and the Directorate of Science and Technology of the Department of 
Homeland Security is transferred to the Department of Homeland 
Security: Provided, That on request of the Department of Homeland 
Security, the Office of Personnel Management shall cooperate with and 
assist the Department in any investigation or reinvestigation under 
this section: Provided further, That this section shall cease to be 
effective at such time as the President has selected a single agency to 
conduct security clearance investigations pursuant to section 3001(c) 
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108-458; 50 U.S.C. 435b) and the entity selected pursuant to 
section 3001(b) of such Act has reported to Congress that the agency 
selected pursuant to such section 3001(c) is capable of conducting all 
necessary investigations in a timely manner or has authorized the 
entities within the Department of Homeland Security covered by this 
section to conduct their own investigations pursuant to section 3001 of 
such Act.
    Sec. 514. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
conditions contained in paragraphs (1) through (10) of section 522(a) 
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the Secretary provides the requisite certification, and 
periodically thereafter, if necessary, until the Government 
Accountability Office confirms that all ten conditions have been 
successfully met.
    (c) Within 90 days of enactment of this Act, the Secretary shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a detailed plan that describes: (1) the dates for 
achieving key milestones, including the date or timeframes that the 
Secretary will certify the program under subsection (a); and (2) the 
methodology to be followed to support the Secretary's certification, as 
required under subsection (a).
    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or previous appropriations 
Acts may be utilized for data or a database that is obtained from or 
remains under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data obtained from 
air carriers.
    Sec. 515. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 516. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 517. (a) None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    (b) Beginning in fiscal year 2008, none of the funds appropriated 
by this or any other Act to the United States Secret Service shall be 
made available for the protection of a person, other than persons 
granted protection under section 3056(a) of title 18, United States 
Code, and the Secretary of Homeland Security: Provided, That the 
Director of the United States Secret Service may enter into an 
agreement to perform such protection on a fully reimbursable basis for 
protectees not designated under section 3056(a) of title 18, United 
States Code.
    Sec. 518. The Secretary of Homeland Security, in consultation with 
industry stakeholders, shall develop standards and protocols for 
increasing the use of explosive detection equipment to screen air cargo 
when appropriate.
    Sec. 519. (a) The Secretary of Homeland Security is directed to 
research, develop, and procure new technologies to inspect and screen 
air cargo carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Transportation Security Administration shall report air 
cargo inspection statistics quarterly to the Committees on 
Appropriations of the Senate and the House of Representatives, by 
airport and air carrier, within 45 days after the end of the quarter 
including any reason for non-compliance with the second proviso of 
section 513 of the Department of Homeland Security Appropriations Act, 
2005 (Public Law 108-334, 118 Stat. 1317).
    Sec. 520. For purposes of this Act, any designation referring to 
this section is the designation of an amount as making appropriations 
for contingency operations directly related to the global war on 
terrorism, and other unanticipated defense-related operations, pursuant 
to section 402 of H. Con. Res. 376 (109th Congress) as made applicable 
to the House of Representatives by H. Res. 818 (109th Congress), and as 
an emergency requirement pursuant to section 402 of S. Con. Res. 83 
(109th Congress) as made applicable to the Senate by section 7035 of 
Public Law 109-234.
    Sec. 521. (a) Rescission.--From the unexpended balances of the 
United States Coast Guard ``Acquisition, Construction, and 
Improvements'' account specifically identified in the Joint Explanatory 
Statement (House Report 109-241) accompanying Public Law 109-90 for the 
Fast Response Cutter, the service life extension program of the current 
110-foot Island Class patrol boat fleet, and accelerated design and 
production of the Fast Response Cutter, $78,693,508 are rescinded.
    (b) Additional Appropriation.--For necessary expenses of the United 
States Coast Guard for ``Acquisition, Construction, and Improvements'', 
there is appropriated an additional $78,693,508, to remain available 
until September 30, 2009, for the service life extension program of the 
current 110-foot Island Class patrol boat fleet and the acquisition of 
traditional patrol boats (``parent craft'').
    Sec. 522. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, 
direct that changes be made to, delay, or prohibit the transmission to 
Congress of any report prepared under paragraph (6) of such section.
    Sec. 523. No funding provided by this or previous appropriation 
Acts shall be available to pay the salary of any employee serving as a 
contracting officer's technical representative (COTR), or anyone acting 
in a similar or like capacity, who has not received COTR training.
    Sec. 524. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' in fiscal years 2004, 2005, and 
2006 that are recovered or deobligated shall be available only for 
procurement and installation of explosive detection systems for air 
cargo, baggage, and checkpoint screening systems, subject to 
notification.
    Sec. 525. (a) Within 30 days after enactment of this Act, the 
Secretary of Homeland Security shall revise Department of Homeland 
Security (DHS) Management Directive (MD) 11056 to provide for the 
following:
        (1) That when a lawful request is made to publicly release a 
    document containing information designated as sensitive security 
    information (SSI), the document shall be reviewed in a timely 
    manner to determine whether any information contained in the 
    document meets the criteria for continued SSI protection under 
    applicable law and regulation and shall further provide that all 
    portions that no longer require SSI designation be released, 
    subject to applicable law, including sections 552 and 552a of title 
    5, United States Code;
        (2) That sensitive security information that is three years old 
    and not incorporated in a current transportation security 
    directive, security plan, contingency plan, or information 
    circular; or does not contain current information in one of the 
    following SSI categories: equipment or personnel performance 
    specifications, vulnerability assessments, security inspection or 
    investigative information, threat information, security measures, 
    security screening information, security training materials, 
    identifying information of designated transportation security 
    personnel, critical aviation or maritime infrastructure asset 
    information, systems security information, confidential business 
    information, or research and development information shall be 
    subject to release upon request unless:
            (A) the Secretary or his designee makes a written 
        determination that identifies a rational reason why the 
        information must remain SSI; or
            (B) such information is otherwise exempt from disclosure 
        under applicable law:
    Provided, That any determination made by the Secretary under clause 
    (a)(2)(A) shall be provided to the party making a request to 
    release such information and to the Committees on Appropriations of 
    the Senate and the House of Representatives as part of the annual 
    reporting requirement pursuant to section 537 of the Department of 
    Homeland Security Appropriations Act, 2006 (Public Law 109-90; 119 
    Stat. 2088); and
        (3) Common and extensive examples of the individual categories 
    of SSI information cited under 49 CFR 1520(b)(1) through (16) in 
    order to minimize and standardize judgment by covered persons in 
    the application of SSI marking.
    (b) Not later than 120 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall report to the Committees 
on Appropriations of the Senate and the House of Representatives on the 
progress that the Department has made in implementing the requirements 
of this section and of section 537 of the Department of Homeland 
Security Appropriations Act, 2006 (Public Law 109-90; 119 Stat. 2088).
    (c) Not later than one year from the date of enactment of this Act, 
the Government Accountability Office shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on DHS 
progress and procedures in implementing the requirements of this 
section.
    (d) That in civil proceedings in the United States District Courts, 
where a party seeking access to SSI demonstrates that the party has 
substantial need of relevant SSI in the preparation of the party's case 
and that the party is unable without undue hardship to obtain the 
substantial equivalent of the information by other means, the party or 
party's counsel shall be designated as a covered person under 49 CFR 
Part 1520.7 in order to have access to the SSI at issue in the case, 
provided that the overseeing judge enters an order that protects the 
SSI from unauthorized or unnecessary disclosure and specifies the terms 
and conditions of access, unless upon completion of a criminal history 
check and terrorist assessment like that done for aviation workers on 
the persons seeking access to SSI, or based on the sensitivity of the 
information, the Transportation Security Administration or DHS 
demonstrates that such access to the information for the proceeding 
presents a risk of harm to the nation: Provided, That notwithstanding 
any other provision of law, an order granting access to SSI under this 
section shall be immediately appealable to the United States Courts of 
Appeals, which shall have plenary review over both the evidentiary 
finding and the sufficiency of the order specifying the terms and 
conditions of access to the SSI in question: Provided further, That 
notwithstanding any other provision of law, the Secretary may assess a 
civil penalty of up to $50,000 for each violation of 49 CFR Part 1520 
by persons provided access to SSI under this provision.
    Sec. 526. The Department of Homeland Security Working Capital Fund, 
established, pursuant to  section 403 of Public Law 103-356 (31 U.S.C. 
501 note), shall continue operations during fiscal year 2007.
    Sec. 527. Rescission. Of the unobligated balances from prior year 
appropriations made available for the ``Counterterrorism Fund'', 
$16,000,000 are rescinded.
    Sec. 528. (a) The report required by Public Law 109-62 and Public 
Law 109-90 detailing the allocation and obligation of funds for 
``Disaster Relief'' shall hereafter be submitted monthly and include: 
(1) status of the Disaster Relief Fund (DRF) including obligations, 
allocations, and amounts undistributed/unallocated; (2) allocations, 
obligations, and expenditures for Hurricanes Katrina, Rita, and Wilma; 
(3) information on national flood insurance claims; (4) information on 
manufactured housing data; (5) information on hotel/motel data; (6) 
obligations, allocations and expenditures by State for unemployment, 
crisis counseling, inspections, housing assistance, manufactured 
housing, public assistance and individual assistance; (7) mission 
assignment obligations by agency, including: (i) the amounts reimbursed 
to other agencies that are in suspense because FEMA has not yet 
reviewed and approved the documentation supporting the expenditure; and 
(ii) a disclaimer if the amounts of reported obligations and 
expenditures do not reflect the status of such obligations and 
expenditures from a government-wide perspective; (8) the amount of 
credit card purchases by agency and mission assignment; (9) specific 
reasons for all waivers granted and a description of each waiver; and 
(10) a list of all contracts that were awarded on a sole source or 
limited competition basis, including the dollar amount, the purpose of 
the contract and the reason for the lack of competitive award.
    (b) The Secretary of Homeland Security shall at least quarterly 
obtain and report from agencies performing mission assignments each 
such agency's actual obligation and expenditure data.
    (c) For any request for reimbursement from a Federal agency to the 
Department of Homeland Security to cover expenditures under the 
Stafford Act (42 U.S.C. 5121 et seq.), or any mission assignment orders 
issued by the Department of Homeland Security for such purposes, the 
Secretary of Homeland Security shall take appropriate steps to ensure 
that each agency is periodically reminded of Department of Homeland 
Security policies on--
        (1) the detailed information required in supporting 
    documentation for reimbursements, and
        (2) the necessity for timeliness of agency billings.
    Sec. 529. Rescission. Of the unobligated balances from prior year 
appropriations made available for Science and Technology, $125,000,000 
from ``Research, Development, Acquisition, and Operations'' are 
rescinded.
    Sec. 530. None of the funds made available in this Act may be used 
to enforce section 4025(1) of Public Law 108-458 if the Assistant 
Secretary (Transportation Security Administration) determines that 
butane lighters are not a significant threat to civil aviation 
security: Provided, That the Assistant Secretary (Transportation 
Security Administration) shall notify the Committees on Appropriations 
of the Senate and the House of Representatives 15 days in advance of 
such determination including a report on whether the effectiveness of 
screening operations is enhanced by suspending enforcement of the 
prohibition.
    Sec. 531. Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations and on-board versus funded full-time equivalent 
staffing levels.
    Sec. 532. (a) United States Secret Service Use of Proceeds Derived 
From Criminal Investigations.--During fiscal year 2007, with respect to 
any undercover investigative operation of the United States Secret 
Service (hereafter referred to in this section as the ``Secret 
Service'') that is necessary for the detection and prosecution of 
crimes against the United States--
        (1) sums appropriated for the Secret Service, including 
    unobligated balances available from prior fiscal years, may be used 
    for purchasing property, buildings, and other facilities, and for 
    leasing space, within the United States, the District of Columbia, 
    and the territories and possessions of the United States, without 
    regard to sections 1341 and 3324 of title 31, United States Code, 
    section 8141 of title 40, United States Code, sections 3732(a) and 
    3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) 
    and 22), and sections 304(a) and 305 of the Federal Property and 
    Administrative Services Act of 1949 (41 U.S.C 254(a) and 255);
        (2) sums appropriated for the Secret Service, including 
    unobligated balances available from prior fiscal years, may be used 
    to establish or to acquire proprietary corporations or business 
    entities as part of such undercover operation, and to operate such 
    corporations or business entities on a commercial basis, without 
    regard to sections 9102 and 9103 of title 31, United States Code;
        (3) sums appropriated for the Secret Service, including 
    unobligated balances available from prior fiscal years and the 
    proceeds from such undercover operation, may be deposited in banks 
    or other financial institutions, without regard to section 648 of 
    title 18, and section 3302 of title 31, United States Code; and
        (4) proceeds from such undercover operation may be used to 
    offset necessary and reasonable expenses incurred in such 
    operation, without regard to section 3302 of title 31, United 
    States Code.
    (b) Written Certification.--The authority set forth in subsection 
(a) may be exercised only upon the written certification of the 
Director of the Secret Service or designee that any action authorized 
by any paragraph of such subsection is necessary for the conduct of an 
undercover investigative operation. Such certification shall continue 
in effect for the duration of such operation, without regard to fiscal 
years.
    (c) Deposit of Proceeds in Treasury.--As soon as practicable after 
the proceeds from an undercover investigative operation with respect to 
which an action is authorized and carried out under paragraphs (3) and 
(4) of subsection (a) are no longer necessary for the conduct of such 
operation, such proceeds or the balance of such proceeds remaining at 
the time shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    (d) Reporting and Deposit of Proceeds Upon Disposition of Certain 
Business Entities.--If a corporation or business entity established or 
acquired as part of an undercover investigative operation under 
paragraph (2) of subsection (a) with a net value of over $50,000 is to 
be liquidated, sold, or otherwise disposed of, the Secret Service, as 
much in advance as the Director or designee determines is practicable, 
shall report the circumstance to the Secretary of Homeland Security. 
The proceeds of the liquidation, sale, or other disposition, after 
obligations are met, shall be deposited in the Treasury of the United 
States as miscellaneous receipts.
    (e) Financial Audits and Reports.--
        (1) The Secret Service shall conduct detailed financial audits 
    of closed undercover investigative operations for which a written 
    certification was made pursuant to subsection (b) on a quarterly 
    basis and shall report the results of the audits in writing to the 
    Secretary of Homeland Security.
        (2) The Secretary of Homeland Security shall annually submit to 
    the Committees on Appropriations of the Senate and House of 
    Representatives, at the time that the President's budget is 
    submitted under section 1105(a) of title 31, a summary of such 
    audits.
    Sec. 533. The Director of the Domestic Nuclear Detection Office 
shall operate extramural and intramural research, development, 
demonstrations, testing and evaluation programs so as to distribute 
funding through grants, cooperative agreements, other transactions and 
contracts.
    Sec. 534. Notwithstanding any other provision of law, the Secretary 
of Homeland Security shall consider the Hancock County Port and Harbor 
Commission in Mississippi eligible under the Federal Emergency 
Management Agency Public Assistance Program for all costs incurred for 
dredging from navigation channel in Little Lake, Louisiana, sediment 
deposited as a result of Hurricane George in 1998: Provided, That the 
appropriate Federal share shall apply to approval of this project.
    Sec. 535. None of the funds made available in this Act for United 
States Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug (within 
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic 
Act) from importing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply: Provided further, That the prescription drug may not be--
        (1) a controlled substance, as defined in section 102 of the 
    Controlled Substances Act (21 U.S.C. 802); or
        (2) a biological product, as defined in section 351 of the 
    Public Health Service Act (42 U.S.C. 262).
    Sec. 536. The Department of Homeland Security shall, in approving 
standards for State and local emergency preparedness operational plans 
under section 613(b)(3) of the Robert T. Stafford Disaster and 
Emergency Assistance Act (42 U.S.C. 5196b(b)(3)), account for the needs 
of individuals with household pets and service animals before, during, 
and following a major disaster or emergency: Provided, That Federal 
agencies may provide assistance as described in section 403(a) of the 
Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 
5170b(a)) to carry out the plans described in the previous proviso.
    Sec. 537. Rescission. From the unobligated balances from prior year 
appropriations made available for Transportation Security 
Administration ``Aviation Security'' and ``Headquarters 
Administration'', $4,776,000 are rescinded.
    Sec. 538. Rescission. From the unobligated balances from prior year 
appropriations made available for Transportation Security 
Administration ``Aviation Security'', $61,936,000 are rescinded.
    Sec. 539. Rescission. From the unexpended balances of the United 
States Coast Guard ``Acquisition, Construction, and Improvements'' 
account specifically identified in the Joint Explanatory Statement 
(House Report 109-241) accompanying the Department of Homeland Security 
Act, 2006 (Public Law 109-90) for the development of the Offshore 
Patrol Cutter, $20,000,000 are rescinded.
    Sec. 540. Rescission. From the unexpended balances of the United 
States Coast Guard ``Acquisition, Construction, and Improvements'' 
account specifically identified in the Joint Explanatory Statement 
(House Report 109-241) accompanying the Department of Homeland Security 
Act, 2006 (Public Law 109-90) for the Automatic Identification System, 
$4,100,000 are rescinded.
    Sec. 541. Notwithstanding the requirements of section 404(b)(2)(B) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 
the Army Corps of Engineers may use Lot 19, Block 1 of the Meadowview 
Acres Addition and Lot 8, Block 5 of the Meadowview Acres Addition in 
Augusta, Kansas, for building portions of the flood-control levee.
    Sec. 542. Notwithstanding any time limitation established for a 
grant awarded under title I, chapter 6, Public Law 106-31, in the item 
relating to Federal Emergency Management Agency--Disaster Assistance 
for Unmet Needs, the City of Cuero, Texas, may use funds received under 
such grant program until September 30, 2007.
    Sec. 543. None of the funds made available by this Act shall be 
used in contravention of the Federal buildings performance and 
reporting requirements of Executive Order No. 13123, part 3 of title V 
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et 
seq.), or subtitle A of title I of the Energy Policy Act of 2005 
(including the amendments made thereby).
    Sec. 544. The Federal Law Enforcement Training Center instructor 
staff shall be classified as inherently governmental for the purpose of 
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note).
    Sec. 545. None of the funds made available in this Act may be used 
in contravention of section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212).
    Sec. 546. Section 7209(b)(1) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
note) is amended by striking from ``(1) Development of plan.--The 
Secretary'' through ``7208(k)).'' and inserting the following:
        ``(1) Development of plan and implementation.--
            ``(A) The Secretary of Homeland Security, in consultation 
        with the Secretary of State, shall develop and implement a plan 
        as expeditiously as possible to require a passport or other 
        document, or combination of documents, deemed by the Secretary 
        of Homeland Security to be sufficient to denote identity and 
        citizenship, for all travel into the United States by United 
        States citizens and by categories of individuals for whom 
        documentation requirements have previously been waived under 
        section 212(d)(4)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later 
        than three months after the Secretary of State and the 
        Secretary of Homeland Security make the certifications required 
        in subsection (B), or June 1, 2009, whichever is earlier. The 
        plan shall seek to expedite the travel of frequent travelers, 
        including those who reside in border communities, and in doing 
        so, shall make readily available a registered traveler program 
        (as described in section 7208(k)).
            ``(B) The Secretary of Homeland Security and the Secretary 
        of State shall jointly certify to the Committees on 
        Appropriations of the Senate and the House of Representatives 
        that the following criteria have been met prior to 
        implementation of section 7209(b)(1)(A)--
                ``(i) the National Institute of Standards and 
            Technology certifies that the Departments of Homeland 
            Security and State have selected a card architecture that 
            meets or exceeds International Organization for 
            Standardization (ISO) security standards and meets or 
            exceeds best available practices for protection of personal 
            identification documents: Provided, That the National 
            Institute of Standards and Technology shall also assist the 
            Departments of Homeland Security and State to incorporate 
            into the architecture of the card the best available 
            practices to prevent the unauthorized use of information on 
            the card: Provided further, That to facilitate efficient 
            cross-border travel, the Departments of Homeland Security 
            and State shall, to the maximum extent possible, develop an 
            architecture that is compatible with information technology 
            systems and infrastructure used by United States Customs 
            and Border Protection;
                ``(ii) the technology to be used by the United States 
            for the passport card, and any subsequent change to that 
            technology, has been shared with the governments of Canada 
            and Mexico;
                ``(iii) an agreement has been reached with the United 
            States Postal Service on the fee to be charged individuals 
            for the passport card, and a detailed justification has 
            been submitted to the Committees on Appropriations of the 
            Senate and the House of Representatives;
                ``(iv) an alternative procedure has been developed for 
            groups of children traveling across an international border 
            under adult supervision with parental consent;
                ``(v) the necessary technological infrastructure to 
            process the passport cards has been installed, and all 
            employees at ports of entry have been properly trained in 
            the use of the new technology;
                ``(vi) the passport card has been made available for 
            the purpose of international travel by United States 
            citizens through land and sea ports of entry between the 
            United States and Canada, Mexico, the Caribbean and 
            Bermuda; and
                ``(vii) a single implementation date for sea and land 
            borders has been established.''.
    Sec. 547. None of the funds made available in this Act may be used 
to award any contract for major disaster or emergency assistance 
activities under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act except in accordance with section 307 of such Act (42 
U.S.C. 5150).
    Sec. 548. None of the funds made available in the Act may be used 
to reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics, LLC (or 
both) for attorneys fees related to pending litigation against Local 30 
of the International Union of Operating Engineers.
    Sec. 549. Notwithstanding any other provision of law, the 
acquisition management system of the Transportation Security 
Administration shall be subject to the provisions of the Small Business 
Act (15 U.S.C. 631 et seq.).
    Sec. 550. (a) No later than six months after the date of enactment 
of this Act, the Secretary of Homeland Security shall issue interim 
final regulations establishing risk-based performance standards for 
security of chemical facilities and requiring vulnerability assessments 
and the development and implementation of site security plans for 
chemical facilities: Provided, That such regulations shall apply to 
chemical facilities that, in the discretion of the Secretary, present 
high levels of security risk: Provided further, That such regulations 
shall permit each such facility, in developing and implementing site 
security plans, to select layered security measures that, in 
combination, appropriately address the vulnerability assessment and the 
risk-based performance standards for security for the facility: 
Provided further, That the Secretary may not disapprove a site security 
plan submitted under this section based on the presence or absence of a 
particular security measure, but the Secretary may disapprove a site 
security plan if the plan fails to satisfy the risk-based performance 
standards established by this section: Provided further, That the 
Secretary may approve alternative security programs established by 
private sector entities, Federal, State, or local authorities, or other 
applicable laws if the Secretary determines that the requirements of 
such programs meet the requirements of this section and the interim 
regulations: Provided further, That the Secretary shall review and 
approve each vulnerability assessment and site security plan required 
under this section: Provided further, That the Secretary shall not 
apply regulations issued pursuant to this section to facilities 
regulated pursuant to the Maritime Transportation Security Act of 2002, 
Public Law 107-295, as amended; Public Water Systems, as defined by 
section 1401 of the Safe Drinking Water Act, Public Law 93-523, as 
amended; Treatment Works as defined in section 212 of the Federal Water 
Pollution Control Act, Public Law 92-500, as amended; any facility 
owned or operated by the Department of Defense or the Department of 
Energy, or any facility subject to regulation by the Nuclear Regulatory 
Commission.
    (b) Interim regulations issued under this section shall apply until 
the effective date of interim or final regulations promulgated under 
other laws that establish requirements and standards referred to in 
subsection (a) and expressly supersede this section: Provided, That the 
authority provided by this section shall terminate three years after 
the date of enactment of this Act.
    (c) Notwithstanding any other provision of law and subsection (b), 
information developed under this section, including vulnerability 
assessments, site security plans, and other security related 
information, records, and documents shall be given protections from 
public disclosure consistent with similar information developed by 
chemical facilities subject to regulation under section 70103 of title 
46, United States Code: Provided, That this subsection does not 
prohibit the sharing of such information, as the Secretary deems 
appropriate, with State and local government officials possessing the 
necessary security clearances, including law enforcement officials and 
first responders, for the purpose of carrying out this section, 
provided that such information may not be disclosed pursuant to any 
State or local law: Provided further, That in any proceeding to enforce 
this section, vulnerability assessments, site security plans, and other 
information submitted to or obtained by the Secretary under this 
section, and related vulnerability or security information, shall be 
treated as if the information were classified material.
    (d) Any person who violates an order issued under this section 
shall be liable for a civil penalty under section 70119(a) of title 46, 
United States Code: Provided, That nothing in this section confers upon 
any person except the Secretary a right of action against an owner or 
operator of a chemical facility to enforce any provision of this 
section.
    (e) The Secretary of Homeland Security shall audit and inspect 
chemical facilities for the purposes of determining compliance with the 
regulations issued pursuant to this section.
    (f) Nothing in this section shall be construed to supersede, amend, 
alter, or affect any Federal law that regulates the manufacture, 
distribution in commerce, use, sale, other treatment, or disposal of 
chemical substances or mixtures.
    (g) If the Secretary determines that a chemical facility is not in 
compliance with this section, the Secretary shall provide the owner or 
operator with written notification (including a clear explanation of 
deficiencies in the vulnerability assessment and site security plan) 
and opportunity for consultation, and issue an order to comply by such 
date as the Secretary determines to be appropriate under the 
circumstances: Provided, That if the owner or operator continues to be 
in noncompliance, the Secretary may issue an order for the facility to 
cease operation, until the owner or operator complies with the order.
    Sec. 551. (a) Construction of Border Tunnel or Passage.--Chapter 27 
of title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 554. Border tunnels and passages

    ``(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by Immigration 
and Customs Enforcement, shall be fined under this title and imprisoned 
for not more than 20 years.
    ``(b) Any person who knows or recklessly disregards the 
construction or use of a tunnel or passage described in subsection (a) 
on land that the person owns or controls shall be fined under this 
title and imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation of 
section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organization 
(as defined in section 2339B(g)(6)) shall be subject to a maximum term 
of imprisonment that is twice the maximum term of imprisonment that 
would have otherwise been applicable had the unlawful activity not made 
use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

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

    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ``554,'' before ``1425,''.
    (d) Directive to the United States Sentencing Commission.--
        (1) In general.--Pursuant to its authority under section 994 of 
    title 28, United States Code, and in accordance with this 
    subsection, the United States Sentencing Commission shall 
    promulgate or amend sentencing guidelines to provide for increased 
    penalties for persons convicted of offenses described in section 
    554 of title 18, United States Code, as added by subsection (a).
        (2) Requirements.--In carrying out this subsection, the United 
    States Sentencing Commission shall--
            (A) ensure that the sentencing guidelines, policy 
        statements, and official commentary reflect the serious nature 
        of the offenses described in section 554 of title 18, United 
        States Code, and the need for aggressive and appropriate law 
        enforcement action to prevent such offenses;
            (B) provide adequate base offense levels for offenses under 
        such section;
            (C) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                (i) the use of a tunnel or passage described in 
            subsection (a) of such section to facilitate other 
            felonies; and
                (ii) the circumstances for which the sentencing 
            guidelines currently provide applicable sentencing 
            enhancements;
            (D) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines, and statutes;
            (E) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (F) ensure that the sentencing guidelines adequately meet 
        the purposes of sentencing set forth in section 3553(a)(2) of 
        title 18, United States Code.
    Sec. 552. The Secretary of Homeland Security may not take any 
action to alter or reduce operations within the Civil Engineering 
Program of the Coast Guard nationwide, including the civil engineering 
units, facilities, design and construction centers, the Coast Guard 
Academy, and the Coast Guard Research and Development Center until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan on changes to the Civil 
Engineering Program of the Coast Guard: Provided, That the plan shall 
include a description of the current functions of the Civil Engineering 
Program and a description of any proposed modifications of such 
functions and of any proposed modification of personnel and offices, 
including the rationale for such modification; an assessment of the 
costs and benefits of such modification; any proposed alternatives to 
such modification; and the processes utilized by the Coast Guard and 
the Office of Management and Budget to analyze and assess such 
modification.
    Sec. 553. None of the funds made available by this Act may be used 
to take an action that would violate Executive Order No. 13149 (65 Fed. 
Reg. 24607; relating to greening the government through Federal fleet 
and transportation efficiency).
    Sec. 554. (a) The Transportation Security Administration shall 
require each air carrier and foreign air carrier that provides air 
transportation or intrastate air transportation to submit plans to the 
Transportation Security Administration on how such air carrier will 
participate in the voluntary provision of emergency services program 
established by section 44944(a) of title 49, United States Code.
    (b)(1) Not more than 90 days after the date of the enactment of 
this Act, the Transportation Security Administration shall prepare a 
report that contains the following:
        (A) Procedures that qualified individuals need to follow in 
    order to participate in the program described in subsection (a).
        (B) Relevant contacts for individuals interested in 
    participating in the program described in subsection (a).
    (2) The Transportation Security Administration shall make the 
report required by paragraph (1) available, by Internet web site or 
other appropriate method, to the following:
        (A) The Congress.
        (B) The emergency response agency of each State.
        (C) The relevant organizations representing individuals to 
    participate in the program.
    Sec. 555. Not later than 90 days after the date of enactment of 
this Act, the Director of the Federal Emergency Management Agency in 
conjunction with the Director of the National Institute of Standards 
and Technology shall submit a report to the Committees on 
Appropriations of the Senate and the House of Representatives outlining 
Federal earthquake response plans for high-risk earthquake regions in 
the United States as determined by the United States Geological Survey.
    Sec. 556. Not later than six months after the date of enactment of 
this Act, the Secretary of Homeland Security shall establish revised 
procedures for expeditiously clearing individuals whose names have been 
mistakenly placed on a terrorist database list or who have names 
identical or similar to individuals on a terrorist database list. The 
Secretary shall advise Congress of the procedures established.
    Sec. 557. Title VII of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the 
end the following:

``SEC. 706. FIREARMS POLICIES.

    ``(a) Prohibition on Confiscation of Firearms.--No officer or 
employee of the United States (including any member of the uniformed 
services), or person operating pursuant to or under color of Federal 
law, or receiving Federal funds, or under control of any Federal 
official, or providing services to such an officer, employee, or other 
person, while acting in support of relief from a major disaster or 
emergency, may--
        ``(1) temporarily or permanently seize, or authorize seizure 
    of, any firearm the possession of which is not prohibited under 
    Federal, State, or local law, other than for forfeiture in 
    compliance with Federal law or as evidence in a criminal 
    investigation;
        ``(2) require registration of any firearm for which 
    registration is not required by Federal, State, or local law;
        ``(3) prohibit possession of any firearm, or promulgate any 
    rule, regulation, or order prohibiting possession of any firearm, 
    in any place or by any person where such possession is not 
    otherwise prohibited by Federal, State, or local law; or
        ``(4) prohibit the carrying of firearms by any person otherwise 
    authorized to carry firearms under Federal, State, or local law, 
    solely because such person is operating under the direction, 
    control, or supervision of a Federal agency in support of relief 
    from the major disaster or emergency.
    ``(b) Limitation.--Nothing in this section shall be construed to 
prohibit any person in subsection (a) from requiring the temporary 
surrender of a firearm as a condition for entry into any mode of 
transportation used for rescue or evacuation during a major disaster or 
emergency, provided that such temporarily surrendered firearm is 
returned at the completion of such rescue or evacuation.
    ``(c) Private Rights of Action.--
        ``(1) In general.--Any individual aggrieved by a violation of 
    this section may seek relief in an action at law, suit in equity, 
    or other proper proceeding for redress against any person who 
    subjects such individual, or causes such individual to be 
    subjected, to the deprivation of any of the rights, privileges, or 
    immunities secured by this section.
        ``(2) Remedies.--In addition to any existing remedy in law or 
    equity, under any law, an individual aggrieved by the seizure or 
    confiscation of a firearm in violation of this section may bring an 
    action for return of such firearm in the United States district 
    court in the district in which that individual resides or in which 
    such firearm may be found.
        ``(3) Attorney fees.--In any action or proceeding to enforce 
    this section, the court shall award the prevailing party, other 
    than the United States, a reasonable attorney's fee as part of the 
    costs.''.
    Sec. 558. Pilot Integrated Scanning System. (a) Designations.--
        (1) In general.--Not later than 90 days after the date of the 
    enactment of this Act, the Secretary of Homeland Security (referred 
    to in this section as the ``Secretary'') shall designate three 
    foreign seaports through which containers pass or are transshipped 
    to the United States to pilot an integrated scanning system that 
    couples nonintrusive imaging equipment and radiation detection 
    equipment, which may be provided by the Megaports Initiative of the 
    Department of Energy. In making designations under this subsection, 
    the Secretary shall consider three distinct ports with unique 
    features and differing levels of trade volume.
        (2) Collaboration and cooperation.--The Secretary shall 
    collaborate with the Secretary of Energy and cooperate with the 
    private sector and host foreign government to implement the pilot 
    program under this subsection.
    (b) Implementation.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall achieve a full-scale 
implementation of the pilot integrated screening system, which shall--
        (1) scan all containers destined for the United States that 
    transit through the terminal;
        (2) electronically transmit the images and information to the 
    container security initiative personnel in the host country and/or 
    Customs and Border Protection personnel in the United States for 
    evaluation and analysis;
        (3) resolve every radiation alarm according to established 
    Department procedures;
        (4) utilize the information collected to enhance the Automated 
    Targeting System or other relevant programs; and
        (5) store the information for later retrieval and analysis.
    (c) Evaluation.--The Secretary shall evaluate the pilot program in 
subsection (b) to determine whether such a system--
        (1) has a sufficiently low false alarm rate for use in the 
    supply chain;
        (2) is capable of being deployed and operated at ports 
    overseas, including consideration of cost, personnel, and 
    infrastructure required to operate the system;
        (3) is capable of integrating, where necessary, with existing 
    systems;
        (4) does not significantly impact trade capacity and flow of 
    cargo at foreign or United States ports; and
        (5) provides an automated notification of questionable or high-
    risk cargo as a trigger for further inspection by appropriately 
    trained personnel.
    (d) Report.--Not later than 120 days after achieving full-scale 
implementation under subsection (b), the Secretary, in consultation 
with the Secretary of Energy and the Secretary of State, shall submit a 
report, to the appropriate congressional committees, that includes--
        (1) an evaluation of the lessons derived from the pilot program 
    implemented under this section;
        (2) an analysis of the efficacy of the Automated Targeted 
    System or other relevant programs in utilizing the images captured 
    to examine high-risk containers;
        (3) an evaluation of software that is capable of automatically 
    identifying potential anomalies in scanned containers; and
        (4) a plan and schedule to expand the integrated scanning 
    system developed under this section to other container security 
    initiative ports.
    (e) Implementation.--If the Secretary determines the available 
technology meets the criteria outlined in subsection (c), the 
Secretary, in cooperation with the Secretary of State, shall seek to 
secure the cooperation of foreign governments to initiate and maximize 
the use of such technology at foreign ports to scan all cargo bound for 
the United States as quickly as possible.
    Sec. 559. (a) Rescission.--From the unexpended balances of the 
United States Secret Service ``Salaries and Expenses'' account 
specifically identified in the Joint Explanatory Statement (House 
Report 109-241) accompanying the Department of Homeland Security Act, 
2006 (Public Law 109-90) for National Special Security Events, 
$2,500,000 are rescinded.
    (b) Additional Appropriation.--For necessary expenses of the United 
States Secret Service ``Protection, Administration, and Training'', 
there is appropriated an additional $2,500,000, to remain available 
until expended for National Special Security Events.
    Sec. 560. Transfer authority contained in section 505 of the 
Homeland Security Act, as amended by title VI of this Act, shall be 
used in accordance with the provisions of section 1531(a)(2) of title 
31, United States Code.

                TITLE VI--NATIONAL EMERGENCY MANAGEMENT

SEC. 601. SHORT TITLE.

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

SEC. 602. DEFINITIONS.

    In this title--
        (1) the term ``Administrator'' means the Administrator of the 
    Agency;
        (2) the term ``Agency'' means the Federal Emergency Management 
    Agency;
        (3) the term ``appropriate committees of Congress'' means--
            (A) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (B) those committees of the House of Representatives that 
        the Speaker of the House of Representatives determines 
        appropriate;
        (4) the term ``catastrophic incident'' means any natural 
    disaster, act of terrorism, or other man-made disaster that results 
    in extraordinary levels of casualties or damage or disruption 
    severely affecting the population (including mass evacuations), 
    infrastructure, environment, economy, national morale, or 
    government functions in an area;
        (5) the term ``Department'' means the Department of Homeland 
    Security;
        (6) the terms ``emergency'' and ``major disaster'' have the 
    meanings given the terms in section 102 of the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122);
        (7) the term ``emergency management'' means the governmental 
    function that coordinates and integrates all activities necessary 
    to build, sustain, and improve the capability to prepare for, 
    protect against, respond to, recover from, or mitigate against 
    threatened or actual natural disasters, acts of terrorism, or other 
    man-made disasters;
        (8) the term ``emergency response provider'' has the meaning 
    given the term in section 2 of the Homeland Security Act of 2002 (6 
    U.S.C. 101), as amended by this Act;
        (9) the term ``Federal coordinating officer'' means a Federal 
    coordinating officer as described in section 302 of the Robert T. 
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
    5143);
        (10) the term ``individual with a disability'' has the meaning 
    given the term in section 3 of the Americans with Disabilities Act 
    of 1990 (42 U.S.C. 12102);
        (11) the terms ``local government'' and ``State'' have the 
    meaning given the terms in section 2 of the Homeland Security Act 
    of 2002 (6 U.S.C. 101);
        (12) the term ``National Incident Management System'' means a 
    system to enable effective, efficient, and collaborative incident 
    management;
        (13) the term ``National Response Plan'' means the National 
    Response Plan or any successor plan prepared under section 
    502(a)(6) of the Homeland Security Act of 2002 (as amended by this 
    Act);
        (14) the term ``Secretary'' means the Secretary of Homeland 
    Security;
        (15) the term ``surge capacity'' means the ability to rapidly 
    and substantially increase the provision of search and rescue 
    capabilities, food, water, medicine, shelter and housing, medical 
    care, evacuation capacity, staffing (including disaster assistance 
    employees), and other resources necessary to save lives and protect 
    property during a catastrophic incident; and
        (16) the term ``tribal government'' means the government of an 
    Indian tribe or authorized tribal organization, or in Alaska a 
    Native village or Alaska Regional Native Corporation.

            Subtitle A--Federal Emergency Management Agency

SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

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

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

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

``SEC. 501. DEFINITIONS.

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

``SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    ``(a) In General.--There is in the Department the Federal Emergency 
Management Agency, headed by an Administrator.
    ``(b) Mission.--
        ``(1) Primary mission.--The primary mission of the Agency is to 
    reduce the loss of life and property and protect the Nation from 
    all hazards, including natural disasters, acts of terrorism, and 
    other man-made disasters, by leading and supporting the Nation in a 
    risk-based, comprehensive emergency management system of 
    preparedness, protection, response, recovery, and mitigation.
        ``(2) Specific activities.--In support of the primary mission 
    of the Agency, the Administrator shall--
            ``(A) lead the Nation's efforts to prepare for, protect 
        against, respond to, recover from, and mitigate against the 
        risk of natural disasters, acts of terrorism, and other man-
        made disasters, including catastrophic incidents;
            ``(B) partner with State, local, and tribal governments and 
        emergency response providers, with other Federal agencies, with 
        the private sector, and with nongovernmental organizations to 
        build a national system of emergency management that can 
        effectively and efficiently utilize the full measure of the 
        Nation's resources to respond to natural disasters, acts of 
        terrorism, and other man-made disasters, including catastrophic 
        incidents;
            ``(C) develop a Federal response capability that, when 
        necessary and appropriate, can act effectively and rapidly to 
        deliver assistance essential to saving lives or protecting or 
        preserving property or public health and safety in a natural 
        disaster, act of terrorism, or other man-made disaster;
            ``(D) integrate the Agency's emergency preparedness, 
        protection, response, recovery, and mitigation responsibilities 
        to confront effectively the challenges of a natural disaster, 
        act of terrorism, or other man-made disaster;
            ``(E) develop and maintain robust Regional Offices that 
        will work with State, local, and tribal governments, emergency 
        response providers, and other appropriate entities to identify 
        and address regional priorities;
            ``(F) under the leadership of the Secretary, coordinate 
        with the Commandant of the Coast Guard, the Director of Customs 
        and Border Protection, the Director of Immigration and Customs 
        Enforcement, the National Operations Center, and other agencies 
        and offices in the Department to take full advantage of the 
        substantial range of resources in the Department;
            ``(G) provide funding, training, exercises, technical 
        assistance, planning, and other assistance to build tribal, 
        local, State, regional, and national capabilities (including 
        communications capabilities), necessary to respond to a natural 
        disaster, act of terrorism, or other man-made disaster; and
            ``(H) develop and coordinate the implementation of a risk-
        based, all-hazards strategy for preparedness that builds those 
        common capabilities necessary to respond to natural disasters, 
        acts of terrorism, and other man-made disasters while also 
        building the unique capabilities necessary to respond to 
        specific types of incidents that pose the greatest risk to our 
        Nation.
    ``(c) Administrator.--
        ``(1) In general.--The Administrator shall be appointed by the 
    President, by and with the advice and consent of the Senate.
        ``(2) Qualifications.--The Administrator shall be appointed 
    from among individuals who have--
            ``(A) a demonstrated ability in and knowledge of emergency 
        management and homeland security; and
            ``(B) not less than 5 years of executive leadership and 
        management experience in the public or private sector.
        ``(3) Reporting.--The Administrator shall report to the 
    Secretary, without being required to report through any other 
    official of the Department.
        ``(4) Principal advisor on emergency management.--
            ``(A) In general.--The Administrator is the principal 
        advisor to the President, the Homeland Security Council, and 
        the Secretary for all matters relating to emergency management 
        in the United States.
            ``(B) Advice and recommendations.--
                ``(i) In general.--In presenting advice with respect to 
            any matter to the President, the Homeland Security Council, 
            or the Secretary, the Administrator shall, as the 
            Administrator considers appropriate, inform the President, 
            the Homeland Security Council, or the Secretary, as the 
            case may be, of the range of emergency preparedness, 
            protection, response, recovery, and mitigation options with 
            respect to that matter.
                ``(ii) Advice on request.--The Administrator, as the 
            principal advisor on emergency management, shall provide 
            advice to the President, the Homeland Security Council, or 
            the Secretary on a particular matter when the President, 
            the Homeland Security Council, or the Secretary requests 
            such advice.
                ``(iii) Recommendations to congress.--After informing 
            the Secretary, the Administrator may make such 
            recommendations to Congress relating to emergency 
            management as the Administrator considers appropriate.
        ``(5) Cabinet status.--
            ``(A) In general.--The President may designate the 
        Administrator to serve as a member of the Cabinet in the event 
        of natural disasters, acts of terrorism, or other man-made 
        disasters.
            ``(B) Retention of authority.--Nothing in this paragraph 
        shall be construed as affecting the authority of the Secretary 
        under this Act.'';
        (12) in section 504, as redesignated by paragraph (8) of this 
    section--
            (A) in the section heading, by inserting ``<SUP>authority 
        and'' before ``<SUP>responsibilities'';
            (B) by striking the matter preceding paragraph (1) and 
        inserting the following:
    ``(a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for, protect against, respond to, 
recover from, or mitigate against a natural disaster, act of terrorism, 
or other man-made disaster, including--'';
            (C) in paragraph (6), by striking ``and'' at the end; and
            (D) by striking paragraph (7) and inserting the following:
        ``(7) helping ensure the acquisition of operable and 
    interoperable communications capabilities by Federal, State, local, 
    and tribal governments and emergency response providers;
        ``(8) assisting the President in carrying out the functions 
    under the Robert T. Stafford Disaster Relief and Emergency 
    Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all 
    functions and authorities given to the Administrator under that 
    Act;
        ``(9) carrying out the mission of the Agency to reduce the loss 
    of life and property and protect the Nation from all hazards by 
    leading and supporting the Nation in a risk-based, comprehensive 
    emergency management system of--
            ``(A) mitigation, by taking sustained actions to reduce or 
        eliminate long-term risks to people and property from hazards 
        and their effects;
            ``(B) preparedness, by planning, training, and building the 
        emergency management profession to prepare effectively for, 
        mitigate against, respond to, and recover from any hazard;
            ``(C) response, by conducting emergency operations to save 
        lives and property through positioning emergency equipment, 
        personnel, and supplies, through evacuating potential victims, 
        through providing food, water, shelter, and medical care to 
        those in need, and through restoring critical public services; 
        and
            ``(D) recovery, by rebuilding communities so individuals, 
        businesses, and governments can function on their own, return 
        to normal life, and protect against future hazards;
        ``(10) increasing efficiencies, by coordinating efforts 
    relating to preparedness, protection, response, recovery, and 
    mitigation;
        ``(11) helping to ensure the effectiveness of emergency 
    response providers in responding to a natural disaster, act of 
    terrorism, or other man-made disaster;
        ``(12) supervising grant programs administered by the Agency;
        ``(13) administering and ensuring the implementation of the 
    National Response Plan, including coordinating and ensuring the 
    readiness of each emergency support function under the National 
    Response Plan;
        ``(14) coordinating with the National Advisory Council 
    established under section 508;
        ``(15) preparing and implementing the plans and programs of the 
    Federal Government for--
            ``(A) continuity of operations;
            ``(B) continuity of government; and
            ``(C) continuity of plans;
        ``(16) minimizing, to the extent practicable, overlapping 
    planning and reporting requirements applicable to State, local, and 
    tribal governments and the private sector;
        ``(17) maintaining and operating within the Agency the National 
    Response Coordination Center or its successor;
        ``(18) developing a national emergency management system that 
    is capable of preparing for, protecting against, responding to, 
    recovering from, and mitigating against catastrophic incidents;
        ``(19) assisting the President in carrying out the functions 
    under the national preparedness goal and the national preparedness 
    system and carrying out all functions and authorities of the 
    Administrator under the national preparedness System;
        ``(20) carrying out all authorities of the Federal Emergency 
    Management Agency and the Directorate of Preparedness of the 
    Department as transferred under section 505; and
        ``(21) otherwise carrying out the mission of the Agency as 
    described in section 503(b).
    ``(b) All-Hazards Approach.--In carrying out the responsibilities 
under this section, the Administrator shall coordinate the 
implementation of a risk-based, all-hazards strategy that builds those 
common capabilities necessary to prepare for, protect against, respond 
to, recover from, or mitigate against natural disasters, acts of 
terrorism, and other man-made disasters, while also building the unique 
capabilities necessary to prepare for, protect against, respond to, 
recover from, or mitigate against the risks of specific types of 
incidents that pose the greatest risk to the Nation.''; and
        (13) by inserting after section 504, as redesignated by 
    paragraph (8) of this section, the following:

``SEC. 505. FUNCTIONS TRANSFERRED.

    ``(a) In General.--Except as provided in subsection (b), there are 
transferred to the Agency the following:
        ``(1) All functions of the Federal Emergency Management Agency, 
    including existing responsibilities for emergency alert systems and 
    continuity of operations and continuity of government plans and 
    programs as constituted on June 1, 2006, including all of its 
    personnel, assets, components, authorities, grant programs, and 
    liabilities, and including the functions of the Under Secretary for 
    Federal Emergency Management relating thereto.
        ``(2) The Directorate of Preparedness, as constituted on June 
    1, 2006, including all of its functions, personnel, assets, 
    components, authorities, grant programs, and liabilities, and 
    including the functions of the Under Secretary for Preparedness 
    relating thereto.
    ``(b) Exceptions.--The following within the Preparedness 
Directorate shall not be transferred:
        ``(1) The Office of Infrastructure Protection.
        ``(2) The National Communications System.
        ``(3) The National Cybersecurity Division.
        ``(4) The Office of the Chief Medical Officer.
        ``(5) The functions, personnel, assets, components, 
    authorities, and liabilities of each component described under 
    paragraphs (1) through (4).

``SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

    ``(a) Distinct Entity.--The Agency shall be maintained as a 
distinct entity within the Department.
    ``(b) Reorganization.--Section 872 shall not apply to the Agency, 
including any function or organizational unit of the Agency.
    ``(c) Prohibition on Changes to Missions.--
        ``(1) In general.--The Secretary may not substantially or 
    significantly reduce the authorities, responsibilities, or 
    functions of the Agency or the capability of the Agency to perform 
    those missions, authorities, responsibilities, except as otherwise 
    specifically provided in an Act enacted after the date of enactment 
    of the Post-Katrina Emergency Management Reform Act of 2006.
        ``(2) Certain transfers prohibited.--No asset, function, or 
    mission of the Agency may be diverted to the principal and 
    continuing use of any other organization, unit, or entity of the 
    Department, except for details or assignments that do not reduce 
    the capability of the Agency to perform its missions.
    ``(d) Reprogramming and Transfer of Funds.--In reprogramming or 
transferring funds, the Secretary shall comply with any applicable 
provisions of any Act making appropriations for the Department for 
fiscal year 2007, or any succeeding fiscal year, relating to the 
reprogramming or transfer of funds.

``SEC. 507. REGIONAL OFFICES.

    ``(a) In General.--There are in the Agency 10 regional offices, as 
identified by the Administrator.
    ``(b) Management of Regional Offices.--
        ``(1) Regional administrator.--Each Regional Office shall be 
    headed by a Regional Administrator who shall be appointed by the 
    Administrator, after consulting with State, local, and tribal 
    government officials in the region. Each Regional Administrator 
    shall report directly to the Administrator and be in the Senior 
    Executive Service.
        ``(2) Qualifications.--
            ``(A) In general.--Each Regional Administrator shall be 
        appointed from among individuals who have a demonstrated 
        ability in and knowledge of emergency management and homeland 
        security.
            ``(B) Considerations.--In selecting a Regional 
        Administrator for a Regional Office, the Administrator shall 
        consider the familiarity of an individual with the geographical 
        area and demographic characteristics of the population served 
        by such Regional Office.
    ``(c) Responsibilities.--
        ``(1) In general.--The Regional Administrator shall work in 
    partnership with State, local, and tribal governments, emergency 
    managers, emergency response providers, medical providers, the 
    private sector, nongovernmental organizations, multijurisdictional 
    councils of governments, and regional planning commissions and 
    organizations in the geographical area served by the Regional 
    Office to carry out the responsibilities of a Regional 
    Administrator under this section.
        ``(2) Responsibilities.--The responsibilities of a Regional 
    Administrator include--
            ``(A) ensuring effective, coordinated, and integrated 
        regional preparedness, protection, response, recovery, and 
        mitigation activities and programs for natural disasters, acts 
        of terrorism, and other man-made disasters (including planning, 
        training, exercises, and professional development);
            ``(B) assisting in the development of regional capabilities 
        needed for a national catastrophic response system;
            ``(C) coordinating the establishment of effective regional 
        operable and interoperable emergency communications 
        capabilities;
            ``(D) staffing and overseeing 1 or more strike teams within 
        the region under subsection (f), to serve as the focal point of 
        the Federal Government's initial response efforts for natural 
        disasters, acts of terrorism, and other man-made disasters 
        within that region, and otherwise building Federal response 
        capabilities to respond to natural disasters, acts of 
        terrorism, and other man-made disasters within that region;
            ``(E) designating an individual responsible for the 
        development of strategic and operational regional plans in 
        support of the National Response Plan;
            ``(F) fostering the development of mutual aid and other 
        cooperative agreements;
            ``(G) identifying critical gaps in regional capabilities to 
        respond to populations with special needs;
            ``(H) maintaining and operating a Regional Response 
        Coordination Center or its successor; and
            ``(I) performing such other duties relating to such 
        responsibilities as the Administrator may require.
        ``(3) Training and exercise requirements.--
            ``(A) Training.--The Administrator shall require each 
        Regional Administrator to undergo specific training 
        periodically to complement the qualifications of the Regional 
        Administrator. Such training, as appropriate, shall include 
        training with respect to the National Incident Management 
        System, the National Response Plan, and such other subjects as 
        determined by the Administrator.
            ``(B) Exercises.--The Administrator shall require each 
        Regional Administrator to participate as appropriate in 
        regional and national exercises.
    ``(d) Area Offices.--
        ``(1) In general.--There is an Area Office for the Pacific and 
    an Area Office for the Caribbean, as components in the appropriate 
    Regional Offices.
        ``(2) Alaska.--The Administrator shall establish an Area Office 
    in Alaska, as a component in the appropriate Regional Office.
    ``(e) Regional Advisory Council.--
        ``(1) Establishment.--Each Regional Administrator shall 
    establish a Regional Advisory Council.
        ``(2) Nominations.--A State, local, or tribal government 
    located within the geographic area served by the Regional Office 
    may nominate officials, including Adjutants General and emergency 
    managers, to serve as members of the Regional Advisory Council for 
    that region.
        ``(3) Responsibilities.--Each Regional Advisory Council shall--
            ``(A) advise the Regional Administrator on emergency 
        management issues specific to that region;
            ``(B) identify any geographic, demographic, or other 
        characteristics peculiar to any State, local, or tribal 
        government within the region that might make preparedness, 
        protection, response, recovery, or mitigation more complicated 
        or difficult; and
            ``(C) advise the Regional Administrator of any weaknesses 
        or deficiencies in preparedness, protection, response, 
        recovery, and mitigation for any State, local, and tribal 
        government within the region of which the Regional Advisory 
        Council is aware.
    ``(f) Regional Office Strike Teams.--
        ``(1) In general.--In coordination with other relevant Federal 
    agencies, each Regional Administrator shall oversee multi-agency 
    strike teams authorized under section 303 of the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5144) that 
    shall consist of--
            ``(A) a designated Federal coordinating officer;
            ``(B) personnel trained in incident management;
            ``(C) public affairs, response and recovery, and 
        communications support personnel;
            ``(D) a defense coordinating officer;
            ``(E) liaisons to other Federal agencies;
            ``(F) such other personnel as the Administrator or Regional 
        Administrator determines appropriate; and
            ``(G) individuals from the agencies with primary 
        responsibility for each of the emergency support functions in 
        the National Response Plan.
        ``(2) Other duties.--The duties of an individual assigned to a 
    Regional Office strike team from another relevant agency when such 
    individual is not functioning as a member of the strike team shall 
    be consistent with the emergency preparedness activities of the 
    agency that employs such individual.
        ``(3) Location of members.--The members of each Regional Office 
    strike team, including representatives from agencies other than the 
    Department, shall be based primarily within the region that 
    corresponds to that strike team.
        ``(4) Coordination.--Each Regional Office strike team shall 
    coordinate the training and exercises of that strike team with the 
    State, local, and tribal governments and private sector and 
    nongovernmental entities which the strike team shall support when a 
    natural disaster, act of terrorism, or other man-made disaster 
    occurs.
        ``(5) Preparedness.--Each Regional Office strike team shall be 
    trained as a unit on a regular basis and equipped and staffed to be 
    well prepared to respond to natural disasters, acts of terrorism, 
    and other man-made disasters, including catastrophic incidents.
        ``(6) Authorities.--If the Administrator determines that 
    statutory authority is inadequate for the preparedness and 
    deployment of individuals in strike teams under this subsection, 
    the Administrator shall report to Congress regarding the additional 
    statutory authorities that the Administrator determines are 
    necessary.

``SEC. 508. NATIONAL ADVISORY COUNCIL.

    ``(a) Establishment.--Not later than 60 days after the date of 
enactment of the Post-Katrina Emergency Management Reform Act of 2006, 
the Secretary shall establish an advisory body under section 871(a) to 
ensure effective and ongoing coordination of Federal preparedness, 
protection, response, recovery, and mitigation for natural disasters, 
acts of terrorism, and other man-made disasters, to be known as the 
National Advisory Council.
    ``(b) Responsibilities.--The National Advisory Council shall advise 
the Administrator on all aspects of emergency management. The National 
Advisory Council shall incorporate State, local, and tribal government 
and private sector input in the development and revision of the 
national preparedness goal, the national preparedness system, the 
National Incident Management System, the National Response Plan, and 
other related plans and strategies.
    ``(c) Membership.--
        ``(1) In general.--The members of the National Advisory Council 
    shall be appointed by the Administrator, and shall, to the extent 
    practicable, represent a geographic (including urban and rural) and 
    substantive cross section of officials, emergency managers, and 
    emergency response providers from State, local, and tribal 
    governments, the private sector, and nongovernmental organizations, 
    including as appropriate--
            ``(A) members selected from the emergency management field 
        and emergency response providers, including fire service, law 
        enforcement, hazardous materials response, emergency medical 
        services, and emergency management personnel, or organizations 
        representing such individuals;
            ``(B) health scientists, emergency and inpatient medical 
        providers, and public health professionals;
            ``(C) experts from Federal, State, local, and tribal 
        governments, and the private sector, representing standards-
        setting and accrediting organizations, including 
        representatives from the voluntary consensus codes and 
        standards development community, particularly those with 
        expertise in the emergency preparedness and response field;
            ``(D) State, local, and tribal government officials with 
        expertise in preparedness, protection, response, recovery, and 
        mitigation, including Adjutants General;
            ``(E) elected State, local, and tribal government 
        executives;
            ``(F) experts in public and private sector infrastructure 
        protection, cybersecurity, and communications;
            ``(G) representatives of individuals with disabilities and 
        other populations with special needs; and
            ``(H) such other individuals as the Administrator 
        determines to be appropriate.
        ``(2) Coordination with the departments of health and human 
    services and transportation.--In the selection of members of the 
    National Advisory Council who are health or emergency medical 
    services professionals, the Administrator shall work with the 
    Secretary of Health and Human Services and the Secretary of 
    Transportation.
        ``(3) Ex officio members.--The Administrator shall designate 1 
    or more officers of the Federal Government to serve as ex officio 
    members of the National Advisory Council.
        ``(4) Terms of office.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the term of office of each member of the National Advisory 
        Council shall be 3 years.
            ``(B) Initial appointments.--Of the members initially 
        appointed to the National Advisory Council--
                ``(i) one-third shall be appointed for a term of 1 
            year; and
                ``(ii) one-third shall be appointed for a term of 2 
            years.
    ``(d) Applicability of Federal Advisory Committee Act.--
        ``(1) In general.--Notwithstanding section 871(a) and subject 
    to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. 
    App.), including subsections (a), (b), and (d) of section 10 of 
    such Act, and section 552b(c) of title 5, United States Code, shall 
    apply to the National Advisory Council.
        ``(2) Termination.--Section 14(a)(2) of the Federal Advisory 
    Committee Act (5 U.S.C. App.) shall not apply to the National 
    Advisory Council.

``SEC. 509. NATIONAL INTEGRATION CENTER.

    ``(a) In General.--There is established in the Agency a National 
Integration Center.
    ``(b) Responsibilities.--
        ``(1) In general.--The Administrator, through the National 
    Integration Center, and in consultation with other Federal 
    departments and agencies and the National Advisory Council, shall 
    ensure ongoing management and maintenance of the National Incident 
    Management System, the National Response Plan, and any successor to 
    such system or plan.
        ``(2) Specific responsibilities.--The National Integration 
    Center shall periodically review, and revise as appropriate, the 
    National Incident Management System and the National Response Plan, 
    including--
            ``(A) establishing, in consultation with the Director of 
        the Corporation for National and Community Service, a process 
        to better use volunteers and donations;
            ``(B) improving the use of Federal, State, local, and 
        tribal resources and ensuring the effective use of emergency 
        response providers at emergency scenes; and
            ``(C) revising the Catastrophic Incident Annex, finalizing 
        and releasing the Catastrophic Incident Supplement to the 
        National Response Plan, and ensuring that both effectively 
        address response requirements in the event of a catastrophic 
        incident.
    ``(c) Incident Management.--
        ``(1) In general.--
            ``(A) National response plan.--The Secretary, acting 
        through the Administrator, shall ensure that the National 
        Response Plan provides for a clear chain of command to lead and 
        coordinate the Federal response to any natural disaster, act of 
        terrorism, or other man-made disaster.
            ``(B) Administrator.--The chain of the command specified in 
        the National Response Plan shall--
                ``(i) provide for a role for the Administrator 
            consistent with the role of the Administrator as the 
            principal emergency management advisor to the President, 
            the Homeland Security Council, and the Secretary under 
            section 503(c)(4) and the responsibility of the 
            Administrator under the Post-Katrina Emergency Management 
            Reform Act of 2006, and the amendments made by that Act, 
            relating to natural disasters, acts of terrorism, and other 
            man-made disasters; and
                ``(ii) provide for a role for the Federal Coordinating 
            Officer consistent with the responsibilities under section 
            302(b) of the Robert T. Stafford Disaster Relief and 
            Emergency Assistance Act (42 U.S.C. 5143(b)).
        ``(2) Principal federal official.--The Principal Federal 
    Official (or the successor thereto) shall not--
            ``(A) direct or replace the incident command structure 
        established at the incident; or
            ``(B) have directive authority over the Senior Federal Law 
        Enforcement Official, Federal Coordinating Officer, or other 
        Federal and State officials.

``SEC. 510. CREDENTIALING AND TYPING.

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

``SEC. 511. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.

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

``SEC. 512. EVACUATION PLANS AND EXERCISES.

    ``(a) In General.--Notwithstanding any other provision of law, and 
subject to subsection (d), grants made to States or local or tribal 
governments by the Department through the State Homeland Security Grant 
Program or the Urban Area Security Initiative may be used to--
        ``(1) establish programs for the development and maintenance of 
    mass evacuation plans under subsection (b) in the event of a 
    natural disaster, act of terrorism, or other man-made disaster;
        ``(2) prepare for the execution of such plans, including the 
    development of evacuation routes and the purchase and stockpiling 
    of necessary supplies and shelters; and
        ``(3) conduct exercises of such plans.
    ``(b) Plan Development.--In developing the mass evacuation plans 
authorized under subsection (a), each State, local, or tribal 
government shall, to the maximum extent practicable--
        ``(1) establish incident command and decision making processes;
        ``(2) ensure that State, local, and tribal government plans, 
    including evacuation routes, are coordinated and integrated;
        ``(3) identify primary and alternative evacuation routes and 
    methods to increase evacuation capabilities along such routes such 
    as conversion of two-way traffic to one-way evacuation routes;
        ``(4) identify evacuation transportation modes and 
    capabilities, including the use of mass and public transit 
    capabilities, and coordinating and integrating evacuation plans for 
    all populations including for those individuals located in 
    hospitals, nursing homes, and other institutional living 
    facilities;
        ``(5) develop procedures for informing the public of evacuation 
    plans before and during an evacuation, including individuals--
            ``(A) with disabilities or other special needs;
            ``(B) with limited English proficiency; or
            ``(C) who might otherwise have difficulty in obtaining such 
        information; and
        ``(6) identify shelter locations and capabilities.
    ``(c) Assistance.--
        ``(1) In general.--The Administrator may establish any 
    guidelines, standards, or requirements determined appropriate to 
    administer this section and to ensure effective mass evacuation 
    planning for State, local, and tribal areas.
        ``(2) Requested assistance.--The Administrator shall make 
    assistance available upon request of a State, local, or tribal 
    government to assist hospitals, nursing homes, and other 
    institutions that house individuals with special needs to 
    establish, maintain, and exercise mass evacuation plans that are 
    coordinated and integrated into the plans developed by that State, 
    local, or tribal government under this section.
    ``(d) Multipurpose Funds.--Nothing in this section may be construed 
to preclude a State, local, or tribal government from using grant funds 
in a manner that enhances preparedness for a natural or man-made 
disaster unrelated to an act of terrorism, if such use assists such 
government in building capabilities for terrorism preparedness.

``SEC. 513. DISABILITY COORDINATOR.

    ``(a) In General.--After consultation with organizations 
representing individuals with disabilities, the National Council on 
Disabilities, and the Interagency Coordinating Council on Preparedness 
and Individuals with Disabilities, established under Executive Order 
No. 13347 (6 U.S.C. 312 note), the Administrator shall appoint a 
Disability Coordinator. The Disability Coordinator shall report 
directly to the Administrator, in order to ensure that the needs of 
individuals with disabilities are being properly addressed in emergency 
preparedness and disaster relief.
    ``(b) Responsibilities.--The Disability Coordinator shall be 
responsible for--
        ``(1) providing guidance and coordination on matters related to 
    individuals with disabilities in emergency planning requirements 
    and relief efforts in the event of a natural disaster, act of 
    terrorism, or other man-made disaster;
        ``(2) interacting with the staff of the Agency, the National 
    Council on Disabilities, the Interagency Coordinating Council on 
    Preparedness and Individuals with Disabilities established under 
    Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of 
    the Federal Government, and State, local, and tribal government 
    authorities regarding the needs of individuals with disabilities in 
    emergency planning requirements and relief efforts in the event of 
    a natural disaster, act of terrorism, or other man-made disaster;
        ``(3) consulting with organizations that represent the 
    interests and rights of individuals with disabilities about the 
    needs of individuals with disabilities in emergency planning 
    requirements and relief efforts in the event of a natural disaster, 
    act of terrorism, or other man-made disaster;
        ``(4) ensuring the coordination and dissemination of best 
    practices and model evacuation plans for individuals with 
    disabilities;
        ``(5) ensuring the development of training materials and a 
    curriculum for training of emergency response providers, State, 
    local, and tribal government officials, and others on the needs of 
    individuals with disabilities;
        ``(6) promoting the accessibility of telephone hotlines and 
    websites regarding emergency preparedness, evacuations, and 
    disaster relief;
        ``(7) working to ensure that video programming distributors, 
    including broadcasters, cable operators, and satellite television 
    services, make emergency information accessible to individuals with 
    hearing and vision disabilities;
        ``(8) ensuring the availability of accessible transportation 
    options for individuals with disabilities in the event of an 
    evacuation;
        ``(9) providing guidance and implementing policies to ensure 
    that the rights and wishes of individuals with disabilities 
    regarding post-evacuation residency and relocation are respected;
        ``(10) ensuring that meeting the needs of individuals with 
    disabilities are included in the components of the national 
    preparedness system established under section 644 of the Post-
    Katrina Emergency Management Reform Act of 2006; and
        ``(11) any other duties as assigned by the Administrator.

``SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.

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

``SEC. 515. NATIONAL OPERATIONS CENTER.

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

``SEC. 516. CHIEF MEDICAL OFFICER.

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

SEC. 612. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Executive Schedule.--
        (1) Administrator.--Section 5313 of title 5, United States 
    Code, is amended by adding at the end the following:
        ``Administrator of the Federal Emergency Management Agency.''.
        (2) Deputy administrators.--Section 5314 of title 5, United 
    States Code, is amended by adding at the end the following:
        ``Deputy Administrators, Federal Emergency Management 
    Agency.''.
        (3) Chief medical officer.--Section 5315 of title 5, United 
    States Code, is amended by adding at the end the following:
        ``Chief Medical Officer, Department of Homeland Security.''.
    (b) Officers of the Department.--Section 103(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
        (1) by striking paragraph (5) and inserting the following:
        ``(5) An Administrator of the Federal Emergency Management 
    Agency.'';
        (2) by striking paragraph (2); and
        (3) by redesignating paragraphs (3) through (10) (as amended by 
    this subsection) as paragraphs (2) through (9), respectively.
    (c) References.--Any reference to the Director of the Federal 
Emergency Management Agency, in any law, rule, regulation, certificate, 
directive, instruction, or other official paper shall be considered to 
refer and apply to the Administrator of the Federal Emergency 
Management Agency.
    (d) Definition.--Section 2(6) of the Homeland Security Act of 2002 
(6 U.S.C. 101(6)) is amended by inserting ``fire,'' after ``safety,''.
    (e) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the items relating to title V and sections 501 through 509 and 
inserting the following:

                ``TITLE V--NATIONAL EMERGENCY MANAGEMENT

``Sec. 501. Definitions.
``Sec. 502. Definition.
``Sec. 503. Federal Emergency Management Agency.
``Sec. 504. Authorities and responsibilities.
``Sec. 505. Functions transferred.
``Sec. 506. Preserving the Federal Emergency Management Agency.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council.
``Sec. 509. National Integration Center.
``Sec. 510. Credentialing and typing.
``Sec. 511. The National Infrastructure Simulation and Analysis Center.
``Sec. 512. Evacuation plans and exercises.
``Sec. 513. Disability Coordinator.
``Sec. 514. Department and Agency officials.
``Sec. 515. National Operations Center.
``Sec. 516. Chief Medical Officer.
``Sec. 517. Nuclear incident response.
``Sec. 518. Conduct of certain public health-related activities.
``Sec. 519. Use of national private sector networks in emergency 
          response.
``Sec. 520. Use of commercially available technology, goods, and 
          services.
``Sec. 521. Procurement of security countermeasures for strategic 
          national stockpile.''.

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

SEC. 613. NATIONAL WEATHER SERVICE.

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

SEC. 614. EFFECTIVE DATE.

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

                    Subtitle B--Personnel Provisions

        CHAPTER 1--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

SEC. 621. WORKFORCE DEVELOPMENT.

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

      ``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

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

``Sec. 10101. Definitions

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

``Sec. 10102. Strategic human capital plan

    ``(a) Plan Development.--Not later than 6 months after the date of 
enactment of this chapter, the Administrator shall develop and submit 
to the appropriate committees of Congress a strategic human capital 
plan to shape and improve the workforce of the Agency.
    ``(b) Contents.--The strategic human capital plan shall include--
        ``(1) a workforce gap analysis, including an assessment of--
            ``(A) the critical skills and competencies that will be 
        needed in the workforce of the Agency to support the mission 
        and responsibilities of, and effectively manage, the Agency 
        during the 10-year period beginning on the date of enactment of 
        this chapter;
            ``(B) the skills and competencies of the workforce of the 
        Agency on the day before the date of enactment of this chapter 
        and projected trends in that workforce, based on expected 
        losses due to retirement and other attrition; and
            ``(C) the staffing levels of each category of employee, 
        including gaps in the workforce of the Agency on the day before 
        the date of enactment of this chapter and in the projected 
        workforce of the Agency that should be addressed to ensure that 
        the Agency has continued access to the critical skills and 
        competencies described in subparagraph (A);
        ``(2) a plan of action for developing and reshaping the 
    workforce of the Agency to address the gaps in critical skills and 
    competencies identified under paragraph (1)(C), including--
            ``(A) specific recruitment and retention goals, including 
        the use of the bonus authorities under this chapter as well as 
        other bonus authorities (including the program objective of the 
        Agency to be achieved through such goals);
            ``(B) specific strategies for developing, training, 
        deploying, compensating, and motivating and retaining the 
        Agency workforce and its ability to fulfill the Agency's 
        mission and responsibilities (including the program objectives 
        of the Department and the Agency to be achieved through such 
        strategies);
            ``(C) specific strategies for recruiting individuals who 
        have served in multiple State agencies with emergency 
        management responsibilities; and
            ``(D) specific strategies for the development, training, 
        and coordinated and rapid deployment of the Surge Capacity 
        Force; and
        ``(3) a discussion that--
            ``(A) details the number of employees of the Department not 
        employed by the Agency serving in the Surge Capacity Force and 
        the qualifications or credentials of such individuals;
            ``(B) details the number of individuals not employed by the 
        Department serving in the Surge Capacity Force and the 
        qualifications or credentials of such individuals;
            ``(C) describes the training given to the Surge Capacity 
        Force during the calendar year preceding the year of submission 
        of the plan under subsection (c);
            ``(D) states whether the Surge Capacity Force is able to 
        adequately prepare for, respond to, and recover from natural 
        disasters, acts of terrorism, and other man-made disasters, 
        including catastrophic incidents; and
            ``(E) describes any additional authorities or resources 
        necessary to address any deficiencies in the Surge Capacity 
        Force.
    ``(c) Annual Updates.--Not later than May 1, 2007, and May 1st of 
each of the next 5 succeeding years, the Administrator shall submit to 
the appropriate committees of Congress an update of the strategic human 
capital plan, including an assessment by the Administrator, using 
results-oriented performance measures, of the progress of the 
Department and the Agency in implementing the strategic human capital 
plan.

``Sec. 10103. Career paths

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

``Sec. 10104. Recruitment bonuses

    ``(a) In General.--The Administrator may pay a bonus to an 
individual in order to recruit the individual for a position within the 
Agency that would otherwise be difficult to fill in the absence of such 
a bonus. Upon completion of the strategic human capital plan, such 
bonuses shall be paid in accordance with that plan.
    ``(b) Bonus Amount.--
        ``(1) In general.--The amount of a bonus under this section 
    shall be determined by the Administrator, but may not exceed 25 
    percent of the annual rate of basic pay of the position involved.
        ``(2) Form of payment.--A bonus under this section shall be 
    paid in the form of a lump-sum payment and shall not be considered 
    to be part of basic pay.
    ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Agency. The agreement shall include--
        ``(1) the period of service the individual shall be required to 
    complete in return for the bonus; and
        ``(2) the conditions under which the agreement may be 
    terminated before the agreed-upon service period has been 
    completed, and the effect of the termination.
    ``(d) Eligibility.--A bonus under this section may not be paid to 
an individual who is appointed to or holds--
        ``(1) a position to which an individual is appointed by the 
    President, by and with the advice and consent of the Senate;
        ``(2) a position in the Senior Executive Service as a noncareer 
    appointee (as defined in section 3132(a)); or
        ``(3) a position which has been excepted from the competitive 
    service by reason of its confidential, policy-determining, policy-
    making, or policy-advocating character.
    ``(e) Termination.--The authority to pay bonuses under this section 
shall terminate 5 years after the date of enactment of this chapter.
    ``(f) Reports.--
        ``(1) In general.--The Agency shall submit to the appropriate 
    committees of Congress, annually for each of the 5 years during 
    which this section is in effect, a report on the operation of this 
    section.
        ``(2) Contents.--Each report submitted under this subsection 
    shall include, with respect to the period covered by such report, a 
    description of how the authority to pay bonuses under this section 
    was used by the Agency, including--
            ``(A) the number and dollar amount of bonuses paid to 
        individuals holding positions within each pay grade, pay level, 
        or other pay classification; and
            ``(B) a determination of the extent to which such bonuses 
        furthered the purposes of this section.

``Sec. 10105. Retention bonuses

    ``(a) Authority.--The Administrator may pay, on a case-by-case 
basis, a bonus under this section to an employee of the Agency if--
        ``(1) the unusually high or unique qualifications of the 
    employee or a special need of the Agency for the employee's 
    services makes it essential to retain the employee; and
        ``(2) the Administrator determines that, in the absence of such 
    a bonus, the employee would be likely to leave--
            ``(A) the Federal service; or
            ``(B) for a different position in the Federal service.
    ``(b) Service Agreement.--Payment of a bonus under this section is 
contingent upon the employee entering into a written service agreement 
with the Agency to complete a period of service with the Agency. Such 
agreement shall include--
        ``(1) the period of service the individual shall be required to 
    complete in return for the bonus; and
        ``(2) the conditions under which the agreement may be 
    terminated before the agreed-upon service period has been 
    completed, and the effect of the termination.
    ``(c) Bonus Amount.--
        ``(1) In general.--The amount of a bonus under this section 
    shall be determined by the Administrator, but may not exceed 25 
    percent of the annual rate of basic pay of the position involved.
        ``(2) Form of payment.--A bonus under this section shall be 
    paid in the form of a lump-sum payment and shall not be considered 
    to be part of basic pay.
    ``(d) Limitation.--A bonus under this section--
        ``(1) may not be based on any period of service which is the 
    basis for a recruitment bonus under section 10104;
        ``(2) may not be paid to an individual who is appointed to or 
    holds--
            ``(A) a position to which an individual is appointed by the 
        President, by and with the advice and consent of the Senate;
            ``(B) a position in the Senior Executive Service as a 
        noncareer appointee (as defined in section 3132(a)); or
            ``(C) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating character; and
        ``(3) upon completion of the strategic human capital plan, 
    shall be paid in accordance with that plan.
    ``(e) Termination of Authority.--The authority to grant bonuses 
under this section shall expire 5 years after the date of enactment of 
this chapter.
    ``(f) Reports.--
        ``(1) In general.--The Office of Personnel Management shall 
    submit to the appropriate committees of Congress, annually for each 
    of the first 5 years during which this section is in effect, a 
    report on the operation of this section.
        ``(2) Contents.--Each report submitted under this subsection 
    shall include, with respect to the period covered by such report, a 
    description of how the authority to pay bonuses under this section 
    was used by the Agency, including, with respect to each such 
    agency--
            ``(A) the number and dollar amount of bonuses paid to 
        individuals holding positions within each pay grade, pay level, 
        or other pay classification; and
            ``(B) a determination of the extent to which such bonuses 
        furthered the purposes of this section.

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

    ``(a) Initial Report.--
        ``(1) In general.--Not later than 3 months after the date of 
    enactment of this chapter, the Administrator shall develop and 
    submit to the appropriate committees of Congress a report on the 
    vacancies in employee positions of the Agency.
        ``(2) Contents.--The report under this subsection shall 
    include--
            ``(A) vacancies of each category of employee position;
            ``(B) the number of applicants for each vacancy for which 
        public notice has been given;
            ``(C) the length of time that each vacancy has been 
        pending;
            ``(D) hiring-cycle time for each vacancy that has been 
        filled; and
            ``(E) a plan for reducing the hiring-cycle time and 
        reducing the current and anticipated vacancies with highly-
        qualified personnel.
    ``(b) Quarterly Updates.--Not later than 3 months after submission 
of the initial report, and every 3 months thereafter until 5 years 
after the date of enactment of this chapter, the Administrator shall 
submit to the appropriate committees of Congress an update of the 
report under subsection (a), including an assessment by the 
Administrator of the progress of the Agency in filling vacant employee 
positions of the Agency.''.
    (b) Technical and Conforming Amendment.--The analysis for part III 
title 5, United States Code, is amended by inserting after the item 
relating to chapter 99 the following:

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

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

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

``SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.

    ``(a) Establishment.--
        ``(1) In general.--Not later than 180 days after the date of 
    enactment of this section, the Secretary shall establish the 
    Homeland Security Rotation Program (in this section referred to as 
    the `Rotation Program') for employees of the Department. The 
    Rotation Program shall use applicable best practices, including 
    those from the Chief Human Capital Officers Council.
        ``(2) Goals.--The Rotation Program established by the Secretary 
    shall--
            ``(A) be established in accordance with the Human Capital 
        Strategic Plan of the Department;
            ``(B) provide middle and senior level employees in the 
        Department the opportunity to broaden their knowledge through 
        exposure to other components of the Department;
            ``(C) expand the knowledge base of the Department by 
        providing for rotational assignments of employees to other 
        components;
            ``(D) build professional relationships and contacts among 
        the employees in the Department;
            ``(E) invigorate the workforce with exciting and 
        professionally rewarding opportunities;
            ``(F) incorporate Department human capital strategic plans 
        and activities, and address critical human capital 
        deficiencies, recruitment and retention efforts, and succession 
        planning within the Federal workforce of the Department; and
            ``(G) complement and incorporate (but not replace) 
        rotational programs within the Department in effect on the date 
        of enactment of this section.
        ``(3) Administration.--
            ``(A) In general.--The Chief Human Capital Officer shall 
        administer the Rotation Program.
            ``(B) Responsibilities.--The Chief Human Capital Officer 
        shall--
                ``(i) provide oversight of the establishment and 
            implementation of the Rotation Program;
                ``(ii) establish a framework that supports the goals of 
            the Rotation Program and promotes cross-disciplinary 
            rotational opportunities;
                ``(iii) establish eligibility for employees to 
            participate in the Rotation Program and select participants 
            from employees who apply;
                ``(iv) establish incentives for employees to 
            participate in the Rotation Program, including promotions 
            and employment preferences;
                ``(v) ensure that the Rotation Program provides 
            professional education and training;
                ``(vi) ensure that the Rotation Program develops 
            qualified employees and future leaders with broad-based 
            experience throughout the Department;
                ``(vii) provide for greater interaction among employees 
            in components of the Department; and
                ``(viii) coordinate with rotational programs within the 
            Department in effect on the date of enactment of this 
            section.
        ``(4) Allowances, privileges, and benefits.--All allowances, 
    privileges, rights, seniority, and other benefits of employees 
    participating in the Rotation Program shall be preserved.
        ``(5) Reporting.--Not later than 180 days after the date of the 
    establishment of the Rotation Program, the Secretary shall submit a 
    report on the status of the Rotation Program, including a 
    description of the Rotation Program, the number of employees 
    participating, and how the Rotation Program is used in succession 
    planning and leadership development to the appropriate committees 
    of Congress.''.
    (b) Technical and Conforming Amendment.--Section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 843 the following:

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

SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.

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

``SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the 
Administrator, shall establish a graduate-level Homeland Security 
Education Program in the National Capital Region to provide educational 
opportunities to senior Federal officials and selected State and local 
officials with homeland security and emergency management 
responsibilities. The Administrator shall appoint an individual to 
administer the activities under this section.
    ``(b) Leveraging of Existing Resources.--To maximize efficiency and 
effectiveness in carrying out the Program, the Administrator shall use 
existing Department-reviewed Master's Degree curricula in homeland 
security, including curricula pending accreditation, together with 
associated learning materials, quality assessment tools, digital 
libraries, exercise systems and other educational facilities, including 
the National Domestic Preparedness Consortium, the National Fire 
Academy, and the Emergency Management Institute. The Administrator may 
develop additional educational programs, as appropriate.
    ``(c) Student Enrollment.--
        ``(1) Sources.--The student body of the Program shall include 
    officials from Federal, State, local, and tribal governments, and 
    from other sources designated by the Administrator.
        ``(2) Enrollment priorities and selection criteria.--The 
    Administrator shall establish policies governing student enrollment 
    priorities and selection criteria that are consistent with the 
    mission of the Program.
        ``(3) Diversity.--The Administrator shall take reasonable steps 
    to ensure that the student body represents racial, gender, and 
    ethnic diversity.
    ``(d) Service Commitment.--
        ``(1) In general.--Before any employee selected for the Program 
    may be assigned to participate in the program, the employee shall 
    agree in writing--
            ``(A) to continue in the service of the agency sponsoring 
        the employee during the 2-year period beginning on the date on 
        which the employee completes the program, unless the employee 
        is involuntarily separated from the service of that agency for 
        reasons other than a reduction in force; and
            ``(B) to pay to the Government the amount of the additional 
        expenses incurred by the Government in connection with the 
        employee's education if the employee is voluntarily separated 
        from the service to the agency before the end of the period 
        described in subparagraph (A).
        ``(2) Payment of expenses.--
            ``(A) Exemption.--An employee who leaves the service of the 
        sponsoring agency to enter into the service of another agency 
        in any branch of the Government shall not be required to make a 
        payment under paragraph (1)(B), unless the head of the agency 
        that sponsored the education of the employee notifies that 
        employee before the date on which the employee enters the 
        service of the other agency that payment is required under that 
        paragraph.
            ``(B) Amount of payment.--If an employee is required to 
        make a payment under paragraph (1)(B), the agency that 
        sponsored the education of the employee shall determine the 
        amount of the payment, except that such amount may not exceed 
        the pro rata share of the expenses incurred for the time 
        remaining in the 2-year period.
        ``(3) Recovery of payment.--If an employee who is required to 
    make a payment under this subsection does not make the payment, a 
    sum equal to the amount of the expenses incurred by the Government 
    for the education of that employee is recoverable by the Government 
    from the employee or his estate by--
            ``(A) setoff against accrued pay, compensation, amount of 
        retirement credit, or other amount due the employee from the 
        Government; or
            ``(B) such other method as is provided by lay for the 
        recovery of amounts owing to the Government.''.
    (b) Technical and Conforming Amendment.--Section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. et seq.), as amended by section 
622, is amended by inserting after the item relating to section 844 the 
following:

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

SEC. 624. SURGE CAPACITY FORCE.

    (a) Establishment.--
        (1) In general.--Not later than 6 months after the date of 
    enactment of this Act, the Administrator shall prepare and submit 
    to the appropriate committees of Congress a plan to establish and 
    implement a Surge Capacity Force for deployment of individuals to 
    respond to natural disasters, acts of terrorism, and other man-made 
    disasters, including catastrophic incidents.
        (2) Authority.--
            (A) In general.--Except as provided in subparagraph (B), 
        the plan shall provide for individuals in the Surge Capacity 
        Force to be trained and deployed under the authorities set 
        forth in the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act.
            (B) Exception.--If the Administrator determines that the 
        existing authorities are inadequate for the training and 
        deployment of individuals in the Surge Capacity Force, the 
        Administrator shall report to Congress as to the additional 
        statutory authorities that the Administrator determines 
        necessary.
    (b) Employees Designated to Serve.--The plan shall include 
procedures under which the Secretary shall designate employees of the 
Department who are not employees of the Agency and shall, in 
conjunction with the heads of other Executive agencies, designate 
employees of those other Executive agencies, as appropriate, to serve 
on the Surge Capacity Force.
    (c) Capabilities.--The plan shall ensure that the Surge Capacity 
Force--
        (1) includes a sufficient number of individuals credentialed in 
    accordance with section 510 of the Homeland Security Act of 2002, 
    as amended by this Act, that are capable of deploying rapidly and 
    efficiently after activation to prepare for, respond to, and 
    recover from natural disasters, acts of terrorism, and other man-
    made disasters, including catastrophic incidents; and
        (2) includes a sufficient number of full-time, highly trained 
    individuals credentialed in accordance with section 510 of the 
    Homeland Security Act of 2002, as amended by this Act, to lead and 
    manage the Surge Capacity Force.
    (d) Training.--The plan shall ensure that the Administrator 
provides appropriate and continuous training to members of the Surge 
Capacity Force to ensure such personnel are adequately trained on the 
Agency's programs and policies for natural disasters, acts of 
terrorism, and other man-made disasters.
    (e) No Impact on Agency Personnel Ceiling.--Surge Capacity Force 
members shall not be counted against any personnel ceiling applicable 
to the Federal Emergency Management Agency.
    (f) Expenses.--The Administrator may provide members of the Surge 
Capacity Force with travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, for the 
purpose of participating in any training that relates to service as a 
member of the Surge Capacity Force.
    (g) Immediate Implementation of Surge Capacity Force Involving 
Federal Employees.--As soon as practicable after the date of enactment 
of this Act, the Administrator shall develop and implement--
        (1) the procedures under subsection (b); and
        (2) other elements of the plan needed to establish the portion 
    of the Surge Capacity Force consisting of individuals designated 
    under those procedures.

              CHAPTER 2--EMERGENCY MANAGEMENT CAPABILITIES

SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.

    Section 613 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196b) is amended--
        (1) in subsection (b)(3) by inserting ``including a 
    catastrophic incident annex,'' after ``plans,''; and
        (2) by redesignating subsections (c) through (g) and 
    subsections (d) through (h), respectively; and
        (3) by inserting after subsection (b) the following:
    ``(c) Catastrophic Incident Annex.--
        ``(1) Consistency.--A catastrophic incident annex submitted 
    under subsection (b)(3) shall be--
            ``(A) modeled after the catastrophic incident annex of the 
        National Response Plan; and
            ``(B) consistent with the national preparedness goal 
        established under section 643 of the Post-Katrina Emergency 
        Management Reform Act of 2006, the National Incident Management 
        System, the National Response Plan, and other related plans and 
        strategies.
        ``(2) Consultation.--In developing a catastrophic incident 
    annex submitted under subsection (b)(3), a State shall consult with 
    and seek appropriate comments from local governments, emergency 
    response providers, locally governed multijurisdictional councils 
    of government, and regional planning commissions.''.

SEC. 632. EVACUATION PREPAREDNESS TECHNICAL ASSISTANCE.

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

SEC. 633. EMERGENCY RESPONSE TEAMS.

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

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

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

SEC. 634. URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

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

SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM.

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

SEC. 636. LOGISTICS.

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

SEC. 637. PREPOSITIONED EQUIPMENT PROGRAM.

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

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

    (a) Establishment.--In order to provide all eligible Federal 
assistance to individuals and State, local, and tribal governments 
affected by Hurricane Katrina or Hurricane Rita in a customer-focused, 
expeditious, effective, and consistent manner, the Administrator shall 
establish, in coordination with the appropriate States, a recovery 
office. The Administrator may establish recovery offices for each of 
the following States, if necessary:
        (1) Mississippi.
        (2) Louisiana.
        (3) Alabama.
        (4) Texas.
    (b) Structure.--Each recovery office shall have an executive 
director, appointed by the Administrator, and a senior management team.
    (c) Responsibilities.--Each executive director, in coordination 
with State, local, and tribal governments, private sector entities, and 
nongovernmental organizations, including faith-based and other 
community humanitarian relief entities, shall provide assistance in a 
timely and effective manner to residents of the Gulf Coast region for 
recovering from Hurricane Katrina or Hurricane Rita.
    (d) Staffing.--
        (1) In general.--Each recovery office shall be staffed by 
    multi-year term, temporary employees and permanent employees.
        (2) Staffing levels.--Staffing levels of a recovery office 
    shall be commensurate with current and projected workload and shall 
    be evaluated on a regular basis.
    (e) Performance Measures.--To ensure that each recovery office is 
meeting its objectives, the Administrator shall identify performance 
measures that are specific, measurable, achievable, relevant, and 
timed, including--
        (1) public assistance program project worksheet completion 
    rates; and
        (2) public assistance reimbursement times.
    (f) Closeout Incentives.--The Administrator shall provide 
incentives for the timely closeout of public assistance projects under 
sections 406 and 407 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172 and 5173).
    (g) Termination.--Each recovery office shall terminate at the 
discretion of the Administrator.

SEC. 639. BASIC LIFE SUPPORTING FIRST AID AND EDUCATION.

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

SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.

    (a) Measures to Improve Information Technology Systems.--The 
Administrator, in coordination with the Chief Information Officer of 
the Department, shall take appropriate measures to update and improve 
the information technology systems of the Agency, including measures 
to--
        (1) ensure that the multiple information technology systems of 
    the Agency (including the National Emergency Management Information 
    System, the Logistics Information Management System III, and the 
    Automated Deployment Database) are, to the extent practicable, 
    fully compatible and can share and access information, as 
    appropriate, from each other;
        (2) ensure technology enhancements reach the headquarters and 
    regional offices of the Agency in a timely fashion, to allow 
    seamless integration;
        (3) develop and maintain a testing environment that ensures 
    that all system components are properly and thoroughly tested 
    before their release;
        (4) ensure that the information technology systems of the 
    Agency have the capacity to track disaster response personnel, 
    mission assignments task orders, commodities, and supplies used in 
    response to a natural disaster, act of terrorism, or other man-made 
    disaster;
        (5) make appropriate improvements to the National Emergency 
    Management Information System to address shortcomings in such 
    system on the date of enactment of this Act; and
        (6) provide training, manuals, and guidance on information 
    technology systems to personnel, including disaster response 
    personnel, to help ensure employees can properly use information 
    technology systems.
    (b) Report.--Not later than 270 days after the date of enactment of 
this Act, the Administrator shall submit to the appropriate committees 
of Congress a report describing the implementation of this section, 
including a description of any actions taken, improvements made, and 
remaining problems and a description of any additional funding needed 
to make necessary and appropriate improvements to the information 
technology systems of the Agency.

SEC. 640A. DISCLOSURE OF CERTAIN INFORMATION TO LAW ENFORCEMENT 
              AGENCIES.

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

             Subtitle C--Comprehensive Preparedness System

                CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM

SEC. 641. DEFINITIONS.

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

SEC. 642. NATIONAL PREPAREDNESS.

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

SEC. 643. NATIONAL PREPAREDNESS GOAL.

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

SEC. 644. ESTABLISHMENT OF NATIONAL PREPAREDNESS SYSTEM.

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

SEC. 645. NATIONAL PLANNING SCENARIOS.

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

SEC. 646. TARGET CAPABILITIES AND PREPAREDNESS PRIORITIES.

    (a) Establishment of Guidelines on Target Capabilities.--Not later 
than 180 days after the date of enactment of this Act, the 
Administrator, in coordination with the heads of appropriate Federal 
agencies, the National Council on Disability, and the National Advisory 
Council, shall complete, revise, and update, as necessary, guidelines 
to define risk-based target capabilities for Federal, State, local, and 
tribal government preparedness that will enable the Nation to prevent, 
respond to, recover from, and mitigate against all hazards, including 
natural disasters, acts of terrorism, and other man-made disasters.
    (b) Distribution of Guidelines.--The Administrator shall ensure 
that the guidelines are provided promptly to the appropriate committees 
of Congress and the States.
    (c) Objectives.--The Administrator shall ensure that the guidelines 
are specific, flexible, and measurable.
    (d) Terrorism Risk Assessment.--With respect to analyzing and 
assessing the risk of acts of terrorism, the Administrator shall 
consider--
        (1) the variables of threat, vulnerability, and consequences 
    related to population (including transient commuting and tourist 
    populations), areas of high population density, critical 
    infrastructure, coastline, and international borders; and
        (2) the most current risk assessment available from the Chief 
    Intelligence Officer of the Department of the threats of terrorism 
    against the United States.
    (e) Preparedness Priorities.--In establishing the guidelines under 
subsection (a), the Administrator shall establish preparedness 
priorities that appropriately balance the risk of all hazards, 
including natural disasters, acts of terrorism, and other man-made 
disasters, with the resources required to prevent, respond to, recover 
from, and mitigate against the hazards.
    (f) Mutual Aid Agreements.--The Administrator may provide support 
for the development of mutual aid agreements within States.

SEC. 647. EQUIPMENT AND TRAINING STANDARDS.

    (a) Equipment Standards.--
        (1) In general.--The Administrator, in coordination with the 
    heads of appropriate Federal agencies and the National Advisory 
    Council, shall support the development, promulgation, and updating, 
    as necessary, of national voluntary consensus standards for the 
    performance, use, and validation of equipment used by Federal, 
    State, local, and tribal governments and nongovernmental emergency 
    response providers.
        (2) Requirements.--The national voluntary consensus standards 
    shall--
            (A) be designed to achieve equipment and other capabilities 
        consistent with the national preparedness goal, including the 
        safety and health of emergency response providers;
            (B) to the maximum extent practicable, be consistent with 
        existing national voluntary consensus standards;
            (C) take into account, as appropriate, threats that may not 
        have been contemplated when the existing standards were 
        developed; and
            (D) focus on maximizing operability, interoperability, 
        interchangeability, durability, flexibility, efficiency, 
        efficacy, portability, sustainability, and safety.
    (b) Training Standards.--The Administrator shall--
        (1) support the development, promulgation, and regular 
    updating, as necessary, of national voluntary consensus standards 
    for training; and
        (2) ensure that the training provided under the national 
    training program is consistent with the standards.
    (c) Consultation With Standards Organizations.--In carrying out 
this section, the Administrator shall consult with representatives of 
relevant public and private sector national voluntary consensus 
standards development organizations.

SEC. 648. TRAINING AND EXERCISES.

    (a) National Training Program.--
        (1) In general.--Beginning not later than 180 days after the 
    date of enactment of this Act, the Administrator, in coordination 
    with the heads of appropriate Federal agencies, the National 
    Council on Disability, and the National Advisory Council, shall 
    carry out a national training program to implement the national 
    preparedness goal, National Incident Management System, National 
    Response Plan, and other related plans and strategies.
        (2) Training partners.--In developing and implementing the 
    national training program, the Administrator shall--
            (A) work with government training facilities, academic 
        institutions, private organizations, and other entities that 
        provide specialized, state-of-the-art training for emergency 
        managers or emergency response providers; and
            (B) utilize, as appropriate, training courses provided by 
        community colleges, State and local public safety academies, 
        State and private universities, and other facilities.
    (b) National Exercise Program.--
        (1) In general.--Beginning not later than 180 days after the 
    date of enactment of this Act, the Administrator, in coordination 
    with the heads of appropriate Federal agencies, the National 
    Council on Disability, and the National Advisory Council, shall 
    carry out a national exercise program to test and evaluate the 
    national preparedness goal, National Incident Management System, 
    National Response Plan, and other related plans and strategies.
        (2) Requirements.--The national exercise program--
            (A) shall be--
                (i) as realistic as practicable, based on current risk 
            assessments, including credible threats, vulnerabilities, 
            and consequences, and designed to stress the national 
            preparedness system;
                (ii) designed, as practicable, to simulate the partial 
            or complete incapacitation of a State, local, or tribal 
            government;
                (iii) carried out, as appropriate, with a minimum 
            degree of notice to involved parties regarding the timing 
            and details of such exercises, consistent with safety 
            considerations;
                (iv) designed to provide for systematic evaluation of 
            readiness; and
                (v) designed to address the unique requirements of 
            populations with special needs; and
            (B) shall provide assistance to State, local, and tribal 
        governments with the design, implementation, and evaluation of 
        exercises that--
                (i) conform to the requirements under subparagraph (A);
                (ii) are consistent with any applicable State, local, 
            or tribal strategy or plan; and
                (iii) provide for systematic evaluation of readiness.
        (3) National level exercises.--The Administrator shall 
    periodically, but not less than biennially, perform national 
    exercises for the following purposes:
            (A) To test and evaluate the capability of Federal, State, 
        local, and tribal governments to detect, disrupt, and prevent 
        threatened or actual catastrophic acts of terrorism, especially 
        those involving weapons of mass destruction.
            (B) To test and evaluate the readiness of Federal, State, 
        local, and tribal governments to respond and recover in a 
        coordinated and unified manner to catastrophic incidents.

SEC. 649. COMPREHENSIVE ASSESSMENT SYSTEM.

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

SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.

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

SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.

    (a) In General.--In accordance with section 611(h)(1)(C) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196(h)(1)(C), the Administrator shall accelerate the completion 
of the inventory of Federal response capabilities.
    (b) Contents.--The inventory shall include--
        (1) for each capability--
            (A) the performance parameters of the capability;
            (B) the timeframe within which the capability can be 
        brought to bear on an incident; and
            (C) the readiness of the capability to respond to all 
        hazards, including natural disasters, acts of terrorism, and 
        other man-made disasters; and
        (2) emergency communications assets maintained by the Federal 
    Government and, if appropriate, State, local, and tribal 
    governments and the private sector.
    (c) Department of Defense.--The Administrator, in coordination with 
the Secretary of Defense, shall develop a list of organizations and 
functions within the Department of Defense that may be used, pursuant 
to the authority provided under the National Response Plan and sections 
402, 403, and 502 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide 
support to civil authorities during natural disasters, acts of 
terrorism, and other man-made disasters.
    (d) Database.--The Administrator shall establish an inventory 
database to allow--
        (1) real-time exchange of information regarding capabilities, 
    readiness, or the compatibility of equipment;
        (2) easy identification and rapid deployment during an 
    incident; and
        (3) the sharing of inventories with other Federal agencies, as 
    appropriate.

SEC. 652. REPORTING REQUIREMENTS.

    (a) Federal Preparedness Report.--
        (1) In general.--Not later than 12 months after the date of 
    enactment of this Act, and annually thereafter, the Administrator, 
    in coordination with the heads of appropriate Federal agencies, 
    shall submit to the appropriate committees of Congress a report on 
    the Nation's level of preparedness for all hazards, including 
    natural disasters, acts of terrorism, and other man-made disasters.
        (2) Contents.--Each report shall include--
            (A) an assessment of how Federal assistance supports the 
        national preparedness system;
            (B) the results of the comprehensive assessment carried out 
        under section 649;
            (C) a review of the inventory described in section 651(a); 
        and
            (D) an assessment of resource needs to meet preparedness 
        priorities established under section 646(e), including--
                (i) an estimate of the amount of Federal, State, local, 
            and tribal expenditures required to attain the preparedness 
            priorities; and
                (ii) the extent to which the use of Federal assistance 
            during the preceding fiscal year achieved the preparedness 
            priorities.
    (b) Catastrophic Resource Report.--
        (1) In general.--The Administrator shall develop and submit to 
    the appropriate committees of Congress annually an estimate of the 
    resources of the Agency and other Federal agencies needed for and 
    devoted specifically to developing the capabilities of Federal, 
    State, local, and tribal governments necessary to respond to a 
    catastrophic incident.
        (2) Contents.--Each estimate under paragraph (1) shall include 
    the resources both necessary for and devoted to--
            (A) planning;
            (B) training and exercises;
            (C) Regional Office enhancements;
            (D) staffing, including for surge capacity during a 
        catastrophic incident;
            (E) additional logistics capabilities;
            (F) other responsibilities under the catastrophic incident 
        annex and the catastrophic incident supplement of the National 
        Response Plan;
            (G) State, local, and tribal government catastrophic 
        incident preparedness; and
            (H) covering increases in the fixed costs or expenses of 
        the Agency, including rent or property acquisition costs or 
        expenses, taxes, contributions to the working capital fund of 
        the Department, and security costs for the year after the year 
        in which such estimate is submitted.
    (c) State Preparedness Report.--
        (1) In general.--Not later than 15 months after the date of 
    enactment of this Act, and annually thereafter, a State receiving 
    Federal preparedness assistance administered by the Department 
    shall submit a report to the Administrator on the State's level of 
    preparedness.
        (2) Contents.--Each report shall include--
            (A) an assessment of State compliance with the national 
        preparedness system, National Incident Management System, 
        National Response Plan, and other related plans and strategies;
            (B) an assessment of current capability levels and a 
        description of target capability levels; and
            (C) an assessment of resource needs to meet the 
        preparedness priorities established under section 646(e), 
        including--
                (i) an estimate of the amount of expenditures required 
            to attain the preparedness priorities; and
                (ii) the extent to which the use of Federal assistance 
            during the preceding fiscal year achieved the preparedness 
            priorities.

SEC. 653. FEDERAL PREPAREDNESS.

    (a) Agency Responsibility.--In support of the national preparedness 
system, the President shall ensure that each Federal agency with 
coordinating, primary, or supporting responsibilities under the 
National Response Plan--
        (1) has the operational capability to meet the national 
    preparedness goal, including--
            (A) the personnel to make and communicate decisions;
            (B) organizational structures that are assigned, trained, 
        and exercised for the missions of the agency;
            (C) sufficient physical resources; and
            (D) the command, control, and communication channels to 
        make, monitor, and communicate decisions;
        (2) complies with the National Incident Management System;
        (3) develops, trains, and exercises rosters of response 
    personnel to be deployed when the agency is called upon to support 
    a Federal response; and
        (4) develops deliberate operational plans and the corresponding 
    capabilities, including crisis planning, to respond effectively to 
    natural disasters, acts of terrorism, and other man-made disasters 
    in support of the National Response Plan to ensure a coordinated 
    Federal response.
    (b) Operational Plans.--An operations plan developed under 
subsection (a)(4) shall meet the following requirements:
        (1) The operations plan shall be coordinated under a unified 
    system with a common terminology, approach, and framework.
        (2) The operations plan shall be developed, in coordination 
    with State, local, and tribal government officials, to address both 
    regional and national risks.
        (3) The operations plan shall contain, as appropriate, the 
    following elements:
            (A) Concepts of operations.
            (B) Critical tasks and responsibilities.
            (C) Detailed resource and personnel requirements, together 
        with sourcing requirements.
            (D) Specific provisions for the rapid integration of the 
        resources and personnel of the agency into the overall 
        response.
        (4) The operations plan shall address, as appropriate, the 
    following matters:
            (A) Support of State, local, and tribal governments in 
        conducting mass evacuations, including--
                (i) transportation and relocation;
                (ii) short- and long-term sheltering and accommodation;
                (iii) provisions for populations with special needs, 
            keeping families together, and expeditious location of 
            missing children; and
                (iv) policies and provisions for pets.
            (B) The preparedness and deployment of public health and 
        medical resources, including resources to address the needs of 
        evacuees and populations with special needs.
            (C) The coordination of interagency search and rescue 
        operations, including land, water, and airborne search and 
        rescue operations.
            (D) The roles and responsibilities of the Senior Federal 
        Law Enforcement Official with respect to other law enforcement 
        entities.
            (E) The protection of critical infrastructure.
            (F) The coordination of maritime salvage efforts among 
        relevant agencies.
            (G) The coordination of Department of Defense and National 
        Guard support of civilian authorities.
            (H) To the extent practicable, the utilization of 
        Department of Defense, National Air and Space Administration, 
        National Oceanic and Atmospheric Administration, and commercial 
        aircraft and satellite remotely sensed imagery.
            (I) The coordination and integration of support from the 
        private sector and nongovernmental organizations.
            (J) The safe disposal of debris, including hazardous 
        materials, and, when practicable, the recycling of debris.
            (K) The identification of the required surge capacity.
            (L) Specific provisions for the recovery of affected 
        geographic areas.
    (c) Mission Assignments.--To expedite the provision of assistance 
under the National Response Plan, the President shall ensure that the 
Administrator, in coordination with Federal agencies with 
responsibilities under the National Response Plan, develops prescripted 
mission assignments, including logistics, communications, mass care, 
health services, and public safety.
    (d) Certification.--The President shall certify on an annual basis 
that each Federal agency with coordinating, primary, or supporting 
responsibilities under the National Response Plan complies with 
subsections (a) and (b).
    (e) Construction.--Nothing in this section shall be construed to 
limit the authority of the Secretary of Defense with regard to--
        (1) the command, control, training, planning, equipment, 
    exercises, or employment of Department of Defense forces; or
        (2) the allocation of Department of Defense resources.

SEC. 654. USE OF EXISTING RESOURCES.

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

                   CHAPTER 2--ADDITIONAL PREPAREDNESS

SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

    (a) In General.--The Administrator may make grants to administer 
the Emergency Management Assistance Compact consented to by the Joint 
Resolution entitled ``Joint Resolution granting the consent of Congress 
to the Emergency Management Assistance Compact'' (Public Law 104-321; 
110 Stat. 3877).
    (b) Uses.--A grant under this section shall be used--
        (1) to carry out recommendations identified in the Emergency 
    Management Assistance Compact after-action reports for the 2004 and 
    2005 hurricane season;
        (2) to administer compact operations on behalf of all member 
    States and territories;
        (3) to continue coordination with the Agency and appropriate 
    Federal agencies;
        (4) to continue coordination with State, local, and tribal 
    government entities and their respective national organizations; 
    and
        (5) to assist State and local governments, emergency response 
    providers, and organizations representing such providers with 
    credentialing emergency response providers and the typing of 
    emergency response resources.
    (c)  Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to ensure 
effective coordination of efforts in responding to requests for 
assistance.
    (d) Authorization.--There is authorized to be appropriated to carry 
out this section $4,000,000 for fiscal year 2008. Such sums shall 
remain available until expended.

SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

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

SEC. 663. TRANSFER OF NOBLE TRAINING CENTER.

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

SEC. 664. NATIONAL EXERCISE SIMULATION CENTER.

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

                  Subtitle D--Emergency Communications

SEC. 671. EMERGENCY COMMUNICATIONS.

    (a) Short Title.--This section may be cited as the ``21st Century 
Emergency Communications Act of 2006''.
    (b) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following new title:

                ``TITLE XVIII--EMERGENCY COMMUNICATIONS

``SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.

    ``(a) In General.--There is established in the Department an Office 
of Emergency Communications.
    ``(b) Director.--The head of the office shall be the Director for 
Emergency Communications. The Director shall report to the Assistant 
Secretary for Cybersecurity and Communications.
    ``(c) Responsibilities.--The Director for Emergency Communications 
shall--
        ``(1) assist the Secretary in developing and implementing the 
    program described in section 7303(a)(1) of the Intelligence Reform 
    and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except 
    as provided in section 314;
        ``(2) administer the Department's responsibilities and 
    authorities relating to the SAFECOM Program, excluding elements 
    related to research, development, testing, and evaluation and 
    standards;
        ``(3) administer the Department's responsibilities and 
    authorities relating to the Integrated Wireless Network program;
        ``(4) conduct extensive, nationwide outreach to support and 
    promote the ability of emergency response providers and relevant 
    government officials to continue to communicate in the event of 
    natural disasters, acts of terrorism, and other man-made disasters;
        ``(5) conduct extensive, nationwide outreach and foster the 
    development of interoperable emergency communications capabilities 
    by State, regional, local, and tribal governments and public safety 
    agencies, and by regional consortia thereof;
        ``(6) provide technical assistance to State, regional, local, 
    and tribal government officials with respect to use of 
    interoperable emergency communications capabilities;
        ``(7) coordinate with the Regional Administrators regarding the 
    activities of Regional Emergency Communications Coordination 
    Working Groups under section 1805;
        ``(8) promote the development of standard operating procedures 
    and best practices with respect to use of interoperable emergency 
    communications capabilities for incident response, and facilitate 
    the sharing of information on such best practices for achieving, 
    maintaining, and enhancing interoperable emergency communications 
    capabilities for such response;
        ``(9) coordinate, in cooperation with the National 
    Communications System, the establishment of a national response 
    capability with initial and ongoing planning, implementation, and 
    training for the deployment of communications equipment for 
    relevant State, local, and tribal governments and emergency 
    response providers in the event of a catastrophic loss of local and 
    regional emergency communications services;
        ``(10) assist the President, the National Security Council, the 
    Homeland Security Council, and the Director of the Office of 
    Management and Budget in ensuring the continued operation of the 
    telecommunications functions and responsibilities of the Federal 
    Government, excluding spectrum management;
        ``(11) establish, in coordination with the Director of the 
    Office for Interoperability and Compatibility, requirements for 
    interoperable emergency communications capabilities, which shall be 
    nonproprietary where standards for such capabilities exist, for all 
    public safety radio and data communications systems and equipment 
    purchased using homeland security assistance administered by the 
    Department, excluding any alert and warning device, technology, or 
    system;
        ``(12) review, in consultation with the Assistant Secretary for 
    Grants and Training, all interoperable emergency communications 
    plans of Federal, State, local, and tribal governments, including 
    Statewide and tactical interoperability plans, developed pursuant 
    to homeland security assistance administered by the Department, but 
    excluding spectrum allocation and management related to such plans;
        ``(13) develop and update periodically, as appropriate, a 
    National Emergency Communications Plan under section 1802;
        ``(14) perform such other duties of the Department necessary to 
    support and promote the ability of emergency response providers and 
    relevant government officials to continue to communicate in the 
    event of natural disasters, acts of terrorism, and other man-made 
    disasters; and
        ``(15) perform other duties of the Department necessary to 
    achieve the goal of and maintain and enhance interoperable 
    emergency communications capabilities.
    ``(d) Performance of Previously Transferred Functions.--The 
Secretary shall transfer to, and administer through, the Director for 
Emergency Communications the following programs and responsibilities:
        ``(1) The SAFECOM Program, excluding elements related to 
    research, development, testing, and evaluation and standards.
        ``(2) The responsibilities of the Chief Information Officer 
    related to the implementation of the Integrated Wireless Network.
        ``(3) The Interoperable Communications Technical Assistance 
    Program.
    ``(e) Coordination.--The Director for Emergency Communications 
shall coordinate--
        ``(1) as appropriate, with the Director of the Office for 
    Interoperability and Compatibility with respect to the 
    responsibilities described in section 314; and
        ``(2) with the Administrator of the Federal Emergency 
    Management Agency with respect to the responsibilities described in 
    this title.
    ``(f) Sufficiency of Resources Plan.--
        ``(1) Report.--Not later than 120 days after the date of 
    enactment of this section, the Secretary shall submit to Congress a 
    report on the resources and staff necessary to carry out fully the 
    responsibilities under this title.
        ``(2) Comptroller general review.--The Comptroller General 
    shall review the validity of the report submitted by the Secretary 
    under paragraph (1). Not later than 60 days after the date on which 
    such report is submitted, the Comptroller General shall submit to 
    Congress a report containing the findings of such review.

``SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.

    ``(a) In General.--The Secretary, acting through the Director for 
Emergency Communications, and in cooperation with the Department of 
National Communications System (as appropriate), shall, in cooperation 
with State, local, and tribal governments, Federal departments and 
agencies, emergency response providers, and the private sector, develop 
not later than 180 days after the completion of the baseline assessment 
under section 1803, and periodically update, a National Emergency 
Communications Plan to provide recommendations regarding how the United 
States should--
        ``(1) support and promote the ability of emergency response 
    providers and relevant government officials to continue to 
    communicate in the event of natural disasters, acts of terrorism, 
    and other man-made disasters; and
        ``(2) ensure, accelerate, and attain interoperable emergency 
    communications nationwide.
    ``(b) Coordination.--The Emergency Communications Preparedness 
Center under section 1806 shall coordinate the development of the 
Federal aspects of the National Emergency Communications Plan.
    ``(c) Contents.--The National Emergency Communications Plan shall--
        ``(1) include recommendations developed in consultation with 
    the Federal Communications Commission and the National Institute of 
    Standards and Technology for a process for expediting national 
    voluntary consensus standards for emergency communications 
    equipment for the purchase and use by public safety agencies of 
    interoperable emergency communications equipment and technologies;
        ``(2) identify the appropriate capabilities necessary for 
    emergency response providers and relevant government officials to 
    continue to communicate in the event of natural disasters, acts of 
    terrorism, and other man-made disasters;
        ``(3) identify the appropriate interoperable emergency 
    communications capabilities necessary for Federal, State, local, 
    and tribal governments in the event of natural disasters, acts of 
    terrorism, and other man-made disasters;
        ``(4) recommend both short-term and long-term solutions for 
    ensuring that emergency response providers and relevant government 
    officials can continue to communicate in the event of natural 
    disasters, acts of terrorism, and other man-made disasters;
        ``(5) recommend both short-term and long-term solutions for 
    deploying interoperable emergency communications systems for 
    Federal, State, local, and tribal governments throughout the 
    Nation, including through the provision of existing and emerging 
    technologies;
        ``(6) identify how Federal departments and agencies that 
    respond to natural disasters, acts of terrorism, and other man-made 
    disasters can work effectively with State, local, and tribal 
    governments, in all States, and with other entities;
        ``(7) identify obstacles to deploying interoperable emergency 
    communications capabilities nationwide and recommend short-term and 
    long-term measures to overcome those obstacles, including 
    recommendations for multijurisdictional coordination among Federal, 
    State, local, and tribal governments;
        ``(8) recommend goals and timeframes for the deployment of 
    emergency, command-level communications systems based on new and 
    existing equipment across the United States and develop a timetable 
    for the deployment of interoperable emergency communications 
    systems nationwide; and
        ``(9) recommend appropriate measures that emergency response 
    providers should employ to ensure the continued operation of 
    relevant governmental communications infrastructure in the event of 
    natural disasters, acts of terrorism, or other man-made disasters.

``SEC. 1803. ASSESSMENTS AND REPORTS.

    ``(a) Baseline Assessment.--Not later than 1 year after the date of 
enactment of this section and not less than every 5 years thereafter, 
the Secretary, acting through the Director for Emergency 
Communications, shall conduct an assessment of Federal, State, local, 
and tribal governments that--
        ``(1) defines the range of capabilities needed by emergency 
    response providers and relevant government officials to continue to 
    communicate in the event of natural disasters, acts of terrorism, 
    and other man-made disasters;
        ``(2) defines the range of interoperable emergency 
    communications capabilities needed for specific events;
        ``(3) assesses the current available capabilities to meet such 
    communications needs;
        ``(4) identifies the gap between such current capabilities and 
    defined requirements; and
        ``(5) includes a national interoperable emergency 
    communications inventory to be completed by the Secretary of 
    Homeland Security, the Secretary of Commerce, and the Chairman of 
    the Federal Communications Commission that--
            ``(A) identifies for each Federal department and agency--
                ``(i) the channels and frequencies used;
                ``(ii) the nomenclature used to refer to each channel 
            or frequency used; and
                ``(iii) the types of communications systems and 
            equipment used; and
            ``(B) identifies the interoperable emergency communications 
        systems in use by public safety agencies in the United States.
    ``(b) Classified Annex.--The baseline assessment under this section 
may include a classified annex including information provided under 
subsection (a)(5)(A).
    ``(c) Savings Clause.--In conducting the baseline assessment under 
this section, the Secretary may incorporate findings from assessments 
conducted before, or ongoing on, the date of enactment of this title.
    ``(d) Progress Reports.--Not later than one year after the date of 
enactment of this section and biennially thereafter, the Secretary, 
acting through the Director for Emergency Communications, shall submit 
to Congress a report on the progress of the Department in achieving the 
goals of, and carrying out its responsibilities under, this title, 
including--
        ``(1) a description of the findings of the most recent baseline 
    assessment conducted under subsection (a);
        ``(2) a determination of the degree to which interoperable 
    emergency communications capabilities have been attained to date 
    and the gaps that remain for interoperability to be achieved;
        ``(3) an evaluation of the ability to continue to communicate 
    and to provide and maintain interoperable emergency communications 
    by emergency managers, emergency response providers, and relevant 
    government officials in the event of--
            ``(A) natural disasters, acts of terrorism, or other man-
        made disasters, including Incidents of National Significance 
        declared by the Secretary under the National Response Plan; and
            ``(B) a catastrophic loss of local and regional 
        communications services;
        ``(4) a list of best practices relating to the ability to 
    continue to communicate and to provide and maintain interoperable 
    emergency communications in the event of natural disasters, acts of 
    terrorism, or other man-made disasters; and
            ``(A) an evaluation of the feasibility and desirability of 
        the Department developing, on its own or in conjunction with 
        the Department of Defense, a mobile communications capability, 
        modeled on the Army Signal Corps, that could be deployed to 
        support emergency communications at the site of natural 
        disasters, acts of terrorism, or other man-made disasters.

``SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT 
              PROGRAMS.

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

``SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

    ``(a) In General.--There is established in each Regional Office a 
Regional Emergency Communications Coordination Working Group (in this 
section referred to as an `RECC Working Group'). Each RECC Working 
Group shall report to the relevant Regional Administrator and 
coordinate its activities with the relevant Regional Advisory Council.
    ``(b) Membership.--Each RECC Working Group shall consist of the 
following:
        ``(1) Non-federal.--Organizations representing the interests of 
    the following:
            ``(A) State officials.
            ``(B) Local government officials, including sheriffs.
            ``(C) State police departments.
            ``(D) Local police departments.
            ``(E) Local fire departments.
            ``(F) Public safety answering points (9-1-1 services).
            ``(G) State emergency managers, homeland security 
        directors, or representatives of State Administrative Agencies.
            ``(H) Local emergency managers or homeland security 
        directors.
            ``(I) Other emergency response providers as appropriate.
        ``(2) Federal.--Representatives from the Department, the 
    Federal Communications Commission, and other Federal departments 
    and agencies with responsibility for coordinating interoperable 
    emergency communications with or providing emergency support 
    services to State, local, and tribal governments.
    ``(c) Coordination.--Each RECC Working Group shall coordinate its 
activities with the following:
        ``(1) Communications equipment manufacturers and vendors 
    (including broadband data service providers).
        ``(2) Local exchange carriers.
        ``(3) Local broadcast media.
        ``(4) Wireless carriers.
        ``(5) Satellite communications services.
        ``(6) Cable operators.
        ``(7) Hospitals.
        ``(8) Public utility services.
        ``(9) Emergency evacuation transit services.
        ``(10) Ambulance services.
        ``(11) HAM and amateur radio operators.
        ``(12) Representatives from other private sector entities and 
    nongovernmental organizations as the Regional Administrator 
    determines appropriate.
    ``(d) Duties.--The duties of each RECC Working Group shall 
include--
        ``(1) assessing the survivability, sustainability, and 
    interoperability of local emergency communications systems to meet 
    the goals of the National Emergency Communications Plan;
        ``(2) reporting annually to the relevant Regional 
    Administrator, the Director for Emergency Communications, the 
    Chairman of the Federal Communications Commission, and the 
    Assistant Secretary for Communications and Information of the 
    Department of Commerce on the status of its region in building 
    robust and sustainable interoperable voice and data emergency 
    communications networks and, not later than 60 days after the 
    completion of the initial National Emergency Communications Plan 
    under section 1802, on the progress of the region in meeting the 
    goals of such plan;
        ``(3) ensuring a process for the coordination of effective 
    multijurisdictional, multi-agency emergency communications networks 
    for use during natural disasters, acts of terrorism, and other man-
    made disasters through the expanded use of emergency management and 
    public safety communications mutual aid agreements; and
        ``(4) coordinating the establishment of Federal, State, local, 
    and tribal support services and networks designed to address the 
    immediate and critical human needs in responding to natural 
    disasters, acts of terrorism, and other man-made disasters.

``SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

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

``SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS 
              CAPABILITIES.

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

``SEC. 1808. DEFINITION.

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

                 ``TITLE XVIII--EMERGENCY COMMUNICATIONS

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

SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

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

``SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

    ``(a) Clarification of Responsibilities.--The Director of the 
Office for Interoperability and Compatibility shall--
        ``(1) assist the Secretary in developing and implementing the 
    science and technology aspects of the program described in 
    subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    194(a)(1));
        ``(2) in coordination with the Federal Communications 
    Commission, the National Institute of Standards and Technology, and 
    other Federal departments and agencies with responsibility for 
    standards, support the creation of national voluntary consensus 
    standards for interoperable emergency communications;
        ``(3) establish a comprehensive research, development, testing, 
    and evaluation program for improving interoperable emergency 
    communications;
        ``(4) establish, in coordination with the Director for 
    Emergency Communications, requirements for interoperable emergency 
    communications capabilities, which shall be nonproprietary where 
    standards for such capabilities exist, for all public safety radio 
    and data communications systems and equipment purchased using 
    homeland security assistance administered by the Department, 
    excluding any alert and warning device, technology, or system;
        ``(5) carry out the Department's responsibilities and 
    authorities relating to research, development, testing, evaluation, 
    or standards-related elements of the SAFECOM Program;
        ``(6) evaluate and assess new technology in real-world 
    environments to achieve interoperable emergency communications 
    capabilities;
        ``(7) encourage more efficient use of existing resources, 
    including equipment, to achieve interoperable emergency 
    communications capabilities;
        ``(8) test public safety communications systems that are less 
    prone to failure, support new nonvoice services, use spectrum more 
    efficiently, and cost less than existing systems;
        ``(9) coordinate with the private sector to develop solutions 
    to improve emergency communications capabilities and achieve 
    interoperable emergency communications capabilities; and
        ``(10) conduct pilot projects, in coordination with the 
    Director for Emergency Communications, to test and demonstrate 
    technologies, including data and video, that enhance--
            ``(A) the ability of emergency response providers and 
        relevant government officials to continue to communicate in the 
        event of natural disasters, acts of terrorism, and other man-
        made disasters; and
            ``(B) interoperable emergency communications capabilities.
    ``(b) Coordination.--The Director of the Office for 
Interoperability and Compatibility shall coordinate with the Director 
for Emergency Communications with respect to the SAFECOM program.
    ``(c) Sufficiency of Resources.--The Secretary shall provide the 
Office for Interoperability and Compatibility the resources and staff 
necessary to carry out the responsibilities under this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 313 the following:

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

SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND 
              DEVELOPMENT.

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

``SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND 
              DEVELOPMENT.

    ``(a) In General.--The Under Secretary for Science and Technology, 
acting through the Director of the Office for Interoperability and 
Compatibility, shall establish a comprehensive research and development 
program to support and promote--
        ``(1) the ability of emergency response providers and relevant 
    government officials to continue to communicate in the event of 
    natural disasters, acts of terrorism, and other man-made disasters; 
    and
        ``(2) interoperable emergency communications capabilities among 
    emergency response providers and relevant government officials, 
    including by--
            ``(A) supporting research on a competitive basis, including 
        through the Directorate of Science and Technology and Homeland 
        Security Advanced Research Projects Agency; and
            ``(B) considering the establishment of a Center of 
        Excellence under the Department of Homeland Security Centers of 
        Excellence Program focused on improving emergency response 
        providers' communication capabilities.
    ``(b) Purposes.--The purposes of the program established under 
subsection (a) include--
        ``(1) supporting research, development, testing, and evaluation 
    on emergency communication capabilities;
        ``(2) understanding the strengths and weaknesses of the public 
    safety communications systems in use;
        ``(3) examining how current and emerging technology can make 
    emergency response providers more effective, and how Federal, 
    State, local, and tribal government agencies can use this 
    technology in a coherent and cost-effective manner;
        ``(4) investigating technologies that could lead to long-term 
    advancements in emergency communications capabilities and 
    supporting research on advanced technologies and potential systemic 
    changes to dramatically improve emergency communications; and
        ``(5) evaluating and validating advanced technology concepts, 
    and facilitating the development and deployment of interoperable 
    emergency communication capabilities.
    ``(c) Definitions.--For purposes of this section, the term 
`interoperable', with respect to emergency communications, has the 
meaning given the term in section 1808.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 314, as added by this Act, 
the following:

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

SEC. 674. 911 AND E911 SERVICES REPORT.

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

SEC. 675. SAVINGS CLAUSE.

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

                  Subtitle E--Stafford Act Amendments

SEC. 681. GENERAL FEDERAL ASSISTANCE.

    (a) Major Disasters.--Section 402 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is 
amended--
        (1) in paragraph (1), by striking ``efforts'' and inserting 
    ``response or recovery efforts, including precautionary 
    evacuations'';
        (2) in paragraph (2), by striking the semicolon and inserting 
    ``, including precautionary evacuations and recovery;'';
        (3) in paragraph (3)--
            (A) in subparagraph (D), by striking ``and'' at the end; 
        and
            (B) by adding at the end the following:
            ``(F) recovery activities, including disaster impact 
        assessments and planning;'';
        (4) in paragraph (4), by striking the period and inserting ``; 
    and''; and
        (5) by adding at the end the following:
        ``(5) provide accelerated Federal assistance and Federal 
    support where necessary to save lives, prevent human suffering, or 
    mitigate severe damage, which may be provided in the absence of a 
    specific request and in which case the President--
            ``(A) shall, to the fullest extent practicable, promptly 
        notify and coordinate with officials in a State in which such 
        assistance or support is provided; and
            ``(B) shall not, in notifying and coordinating with a State 
        under subparagraph (A), delay or impede the rapid deployment, 
        use, and distribution of critical resources to victims of a 
        major disaster.''.
    (b) Emergencies.--Section 502 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5192) is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking the semicolon and 
        inserting ``, including precautionary evacuations;'';
            (B) in paragraph (6), by striking ``and'' after the 
        semicolon;
            (C) in paragraph (7), by striking the period and inserting 
        ``; and''; and
            (D) by adding at the end the following:
        ``(8) provide accelerated Federal assistance and Federal 
    support where necessary to save lives, prevent human suffering, or 
    mitigate severe damage, which may be provided in the absence of a 
    specific request and in which case the President--
            ``(A) shall, to the fullest extent practicable, promptly 
        notify and coordinate with a State in which such assistance or 
        support is provided; and
            ``(B) shall not, in notifying and coordinating with a State 
        under subparagraph (A), delay or impede the rapid deployment, 
        use, and distribution of critical resources to victims of an 
        emergency.'';
        (2) in subsection (b), by striking the period and inserting ``, 
    including precautionary evacuations.''; and
        (3) by adding at the end the following:
    ``(c) Guidelines.--The President shall promulgate and maintain 
guidelines to assist Governors in requesting the declaration of an 
emergency in advance of a natural or man-made disaster (including for 
the purpose of seeking assistance with special needs and other 
evacuation efforts) under this section by defining the types of 
assistance available to affected States and the circumstances under 
which such requests are likely to be approved.''.

SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.

    (a) In General.--The Administrator, in coordination with the 
Secretary of Housing and Urban Development, the Administrator of the 
Environmental Protection Agency, the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of the Treasury, the Secretary of 
Transportation, the Administrator of the Small Business Administration, 
the Assistant Secretary for Indian Affairs of the Department of the 
Interior, and the heads of other appropriate Federal agencies, State, 
local, and tribal government officials (including through the National 
Advisory Council), and representatives of appropriate nongovernmental 
organizations shall develop, coordinate, and maintain a National 
Disaster Recovery Strategy to serve as a guide to recovery efforts 
after major disasters and emergencies.
    (b) Contents.--The National Disaster Recovery Strategy shall--
        (1) outline the most efficient and cost-effective Federal 
    programs that will meet the recovery needs of States, local and 
    tribal governments, and individuals and households affected by a 
    major disaster;
        (2) clearly define the role, programs, authorities, and 
    responsibilities of each Federal agency that may be of assistance 
    in providing assistance in the recovery from a major disaster;
        (3) promote the use of the most appropriate and cost-effective 
    building materials (based on the hazards present in an area) in any 
    area affected by a major disaster, with the goal of encouraging the 
    construction of disaster-resistant buildings; and
        (4) describe in detail the programs that may be offered by the 
    agencies described in paragraph (2), including--
            (A) discussing funding issues;
            (B) detailing how responsibilities under the National 
        Disaster Recovery Strategy will be shared; and
            (C) addressing other matters concerning the cooperative 
        effort to provide recovery assistance.
    (c) Report.--
        (1) In general.--Not later than 270 days after the date of 
    enactment of this Act, the Administrator shall submit to the 
    appropriate committees of Congress a report describing in detail 
    the National Disaster Recovery Strategy and any additional 
    authorities necessary to implement any portion of the National 
    Disaster Recovery Strategy.
        (2) Update.--The Administrator shall submit to the appropriate 
    committees of Congress a report updating the report submitted under 
    paragraph (1)--
            (A) on the same date that any change is made to the 
        National Disaster Recovery Strategy; and
            (B) on a periodic basis after the submission of the report 
        under paragraph (1), but not less than once every 5 years after 
        the date of the submission of the report under paragraph (1).

SEC. 683. NATIONAL DISASTER HOUSING STRATEGY.

    (a) In General.--The Administrator, in coordination with 
representatives of the Federal agencies, governments, and organizations 
listed in subsection (b)(2) of this section, the National Advisory 
Council, the National Council on Disability, and other entities at the 
Administrator's discretion, shall develop, coordinate, and maintain a 
National Disaster Housing Strategy.
    (b) Contents.--The National Disaster Housing Strategy shall--
        (1) outline the most efficient and cost effective Federal 
    programs that will best meet the short-term and long-term housing 
    needs of individuals and households affected by a major disaster;
        (2) clearly define the role, programs, authorities, and 
    responsibilities of each entity in providing housing assistance in 
    the event of a major disaster, including--
            (A) the Agency;
            (B) the Department of Housing and Urban Development;
            (C) the Department of Agriculture;
            (D) the Department of Veterans Affairs;
            (E) the Department of Health and Human Services;
            (F) the Bureau of Indian Affairs;
            (G) any other Federal agency that may provide housing 
        assistance in the event of a major disaster;
            (H) the American Red Cross; and
            (I) State, local, and tribal governments;
        (3) describe in detail the programs that may be offered by the 
    entities described in paragraph (2), including--
            (A) outlining any funding issues;
            (B) detailing how responsibilities under the National 
        Disaster Housing Strategy will be shared; and
            (C) addressing other matters concerning the cooperative 
        effort to provide housing assistance during a major disaster;
        (4) consider methods through which housing assistance can be 
    provided to individuals and households where employment and other 
    resources for living are available;
        (5) describe programs directed to meet the needs of special 
    needs and low-income populations and ensure that a sufficient 
    number of housing units are provided for individuals with 
    disabilities;
        (6) describe plans for the operation of clusters of housing 
    provided to individuals and households, including access to public 
    services, site management, security, and site density;
        (7) describe plans for promoting the repair or rehabilitation 
    of existing rental housing, including through lease agreements or 
    other means, in order to improve the provision of housing to 
    individuals and households under section 408 of the Robert T. 
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
    5174); and
        (8) describe any additional authorities necessary to carry out 
    any portion of the strategy.
    (c) Guidance.--The Administrator should develop and make publicly 
available guidance on--
        (1) types of housing assistance available under the Robert T. 
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
    5121 et seq.) to individuals and households affected by an 
    emergency or major disaster;
        (2) eligibility for such assistance (including, where 
    appropriate, the continuation of such assistance); and
        (3) application procedures for such assistance.
    (d) Report.--
        (1) In general.--Not later than 270 days after the date of 
    enactment of this Act, the Administrator shall submit to the 
    appropriate committees of Congress a report describing in detail 
    the National Disaster Housing Strategy, including programs directed 
    to meeting the needs of special needs populations.
        (2) Updated report.--The Administrator shall submit to the 
    appropriate committees of Congress a report updating the report 
    submitted under paragraph (1)--
            (A) on the same date that any change is made to the 
        National Disaster Housing Strategy; and
            (B) on a periodic basis after the submission of the report 
        under paragraph (1), but not less than once every 5 years after 
        the date of the submission of the report under paragraph (1).

SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.

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

SEC. 685. HOUSING ASSISTANCE.

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

SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.

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

SEC. 687. COORDINATING OFFICERS.

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

SEC. 688. DEFINITIONS.

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

SEC. 689. INDIVIDUALS WITH DISABILITIES.

    (a) Guidelines.--Not later than 90 days after the date of enactment 
of this Act, and in coordination with the National Advisory Council, 
the National Council on Disability, the Interagency Coordinating 
Council on Preparedness and Individuals With Disabilities established 
under Executive Order No. 13347 (6 U.S.C. 312 note), and the Disability 
Coordinator (established under section 513 of the Homeland Security Act 
of 2002, as added by this Act), the Administrator shall develop 
guidelines to accommodate individuals with disabilities, which shall 
include guidelines for--
        (1) the accessibility of, and communications and programs in, 
    shelters, recovery centers, and other facilities; and
        (2) devices used in connection with disaster operations, 
    including first aid stations, mass feeding areas, portable payphone 
    stations, portable toilets, and temporary housing.
    (b) Essential Assistance.--Section 403(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is 
amended--
        (1) in paragraph (2), by inserting ``durable medical 
    equipment,'' after ``medicine''; and
        (2) in paragraph (3)--
            (A) in subparagraph (B), by inserting ``durable medical 
        equipment,'' after ``medicine'';
            (B) in subparagraph (H), by striking ``and'' at the end;
            (C) in subparagraph (I), by striking the period and 
        inserting ``; and''; and
            (D) by adding at the end the following:
            ``(J) provision of rescue, care, shelter, and essential 
        needs--
                ``(i) to individuals with household pets and service 
            animals; and
                ``(ii) to such pets and animals.''.
    (c) Federal Assistance to Individuals and Households.--Section 408 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5174) is amended--
        (1) in subsection (b)(1), by inserting ``, or with respect to 
    individuals with disabilities, rendered inaccessible or 
    uninhabitable,'' after ``uninhabitable''; and
        (2) in subsection (d)(1)(A)--
            (A) in clause (i), by striking ``and'' after the semicolon;
            (B) by redesignating clause (ii) as clause (iii); and
            (C) by inserting after clause (i) the following:
                ``(ii) meets the physical accessibility requirements 
            for individuals with disabilities; and''.

SEC. 689A. NONDISCRIMINATION IN DISASTER ASSISTANCE.

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

SEC. 689B. REUNIFICATION.

    (a) Definitions.--In this section:
        (1) Child locator center.--The term ``Child Locator Center'' 
    means the National Emergency Child Locator Center established under 
    subsection (b).
        (2) Declared event.--The term ``declared event'' means a major 
    disaster or emergency.
        (3) Displaced adult.--The term ``displaced adult'' means an 
    individual 21 years of age or older who is displaced from the 
    habitual residence of that individual as a result of a declared 
    event.
        (4) Displaced child.--The term ``displaced child'' means an 
    individual under 21 years of age who is displaced from the habitual 
    residence of that individual as a result of a declared event.
    (b) National Emergency Child Locator Center.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Administrator, in coordination with the 
    Attorney General of the United States, shall establish within the 
    National Center for Missing and Exploited Children the National 
    Emergency Child Locator Center. In establishing the National 
    Emergency Child Locator Center, the Administrator shall establish 
    procedures to make all relevant information available to the 
    National Emergency Child Locator Center in a timely manner to 
    facilitate the expeditious identification and reunification of 
    children with their families.
        (2) Purposes.--The purposes of the Child Locator Center are 
    to--
            (A) enable individuals to provide to the Child Locator 
        Center the name of and other identifying information about a 
        displaced child or a displaced adult who may have information 
        about the location of a displaced child;
            (B) enable individuals to receive information about other 
        sources of information about displaced children and displaced 
        adults; and
            (C) assist law enforcement in locating displaced children.
        (3) Responsibilities and duties.--The responsibilities and 
    duties of the Child Locator Center are to--
            (A) establish a toll-free telephone number to receive 
        reports of displaced children and information about displaced 
        adults that may assist in locating displaced children;
            (B) create a website to provide information about displaced 
        children;
            (C) deploy its staff to the location of a declared event to 
        gather information about displaced children;
            (D) assist in the reunification of displaced children with 
        their families;
            (E) provide information to the public about additional 
        resources for disaster assistance;
            (F) work in partnership with Federal, State, and local law 
        enforcement agencies;
            (G) provide technical assistance in locating displaced 
        children;
            (H) share information on displaced children and displaced 
        adults with governmental agencies and nongovernmental 
        organizations providing disaster assistance;
            (I) use its resources to gather information about displaced 
        children;
            (J) refer reports of displaced adults to--
                (i) an entity designated by the Attorney General to 
            provide technical assistance in locating displaced adults; 
            and
                (ii) the National Emergency Family Registry and Locator 
            System as defined under section 689c(a);
            (K) enter into cooperative agreements with Federal and 
        State agencies and other organizations such as the American Red 
        Cross as necessary to implement the mission of the Child 
        Locator Center; and
            (L) develop an emergency response plan to prepare for the 
        activation of the Child Locator Center.
    (c) Conforming Amendments.--Section 403(1) of the Missing 
Children's Assistance Act (42 U.S.C. 5772(1)) is amended--
        (1) in subparagraph (A), by striking ``or'' at the end;
        (2) in subparagraph (B), by adding ``or'' after the semicolon; 
    and
        (3) by inserting after subparagraph (B) the following:
            ``(C) the individual is an individual under 21 years of age 
        who is displaced from the habitual residence of that individual 
        as a result of an emergency or major disaster (as those terms 
        are defined in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122)).''.
    (d) Report.--Not later than 270 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on Homeland 
Security and Governmental Affairs and the Committee on the Judiciary of 
the Senate and the Committee on Transportation and Infrastructure and 
the Committee on the Judiciary of the House of Representatives a report 
describing in detail the status of the Child Locator Center, including 
funding issues and any difficulties or issues in establishing the 
Center or completing the cooperative agreements described in subsection 
(b)(3)(K).

SEC. 689C. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR SYSTEM.

    (a) Definitions.--In this section--
        (1) the term ``displaced individual'' means an individual 
    displaced by an emergency or major disaster; and
        (2) the term ``National Emergency Family Registry and Locator 
    System'' means the National Emergency Family Registry and Locator 
    System established under subsection (b).
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a National 
Emergency Family Registry and Locator System to help reunify families 
separated after an emergency or major disaster.
    (c) Operation of System.--The National Emergency Family Registry 
and Locator System shall--
        (1) allow a displaced adult (including medical patients) to 
    voluntarily register (and allow an adult that is the parent or 
    guardian of a displaced child to register such child), by 
    submitting personal information to be entered into a database (such 
    as the name, current location of residence, and any other relevant 
    information that could be used by others seeking to locate that 
    individual);
        (2) ensure that information submitted under paragraph (1) is 
    accessible to those individuals named by a displaced individual and 
    to those law enforcement officials;
        (3) be accessible through the Internet and through a toll-free 
    number, to receive reports of displaced individuals; and
        (4) include a means of referring displaced children to the 
    National Emergency Child Locator Center established under section 
    689b.
    (d) Publication of Information.--Not later than 210 days after the 
date of enactment of this Act, the Administrator shall establish a 
mechanism to inform the public about the National Emergency Family 
Registry and Locator System and its potential usefulness for assisting 
to reunite displaced individuals with their families.
    (e) Coordination.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall enter a memorandum of 
understanding with the Department of Justice, the National Center for 
Missing and Exploited Children, the Department of Health and Human 
Services, and the American Red Cross and other relevant private 
organizations that will enhance the sharing of information to 
facilitate reuniting displaced individuals (including medical patients) 
with their families.
    (f) Report.--Not later than 270 days after the date of enactment of 
this Act, the Administrator shall submit to the appropriate committees 
of Congress a report describing in detail the status of the National 
Emergency Family Registry and Locator System, including any 
difficulties or issues in establishing the System, including funding 
issues.

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

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

SEC. 689E. DISASTER RELATED INFORMATION SERVICES.

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

``SEC. 616. DISASTER RELATED INFORMATION SERVICES.

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

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

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

``SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

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

``SEC. 426. CASE MANAGEMENT SERVICES.

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

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

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

``SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

    ``(a) In General.--The President shall designate in the Federal 
Emergency Management Agency a Small State and Rural Advocate.
    ``(b) Responsibilities.--The Small State and Rural Advocate shall 
be an advocate for the fair treatment of small States and rural 
communities in the provision of assistance under this Act.
    ``(c) Duties.--The Small State and Rural Advocate shall--
        ``(1) participate in the disaster declaration process under 
    section 401 and the emergency declaration process under section 
    501, to ensure that the needs of rural communities are being 
    addressed;
        ``(2) assist small population States in the preparation of 
    requests for major disaster or emergency declarations; and
        ``(3) conduct such other activities as the Director of the 
    Federal Emergency Management Agency considers appropriate.''.
    (b) Report to Congress.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall submit to the 
appropriate committees of Congress a report detailing the extent to 
which disaster declaration regulations--
        (1) meet the particular needs of States with populations of 
    less than 1,500,000 individuals; and
        (2) comply with statutory restrictions on the use of arithmetic 
    formulas and sliding scales based on income or population.
    (c) Statutory Construction.--Nothing in this section or the 
amendments made by this section shall be construed to authorize major 
disaster or emergency assistance that is not authorized as of the date 
of enactment of this Act.

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

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

SEC. 689I. INDIVIDUALS AND HOUSEHOLDS PILOT PROGRAM.

    (a) Pilot Program.--
        (1) In general.--The President, acting through the 
    Administrator, in coordination with State, local, and tribal 
    governments, shall establish and conduct a pilot program. The pilot 
    program shall be designed to make better use of existing rental 
    housing, located in areas covered by a major disaster declaration, 
    in order to provide timely and cost-effective temporary housing 
    assistance to individuals and households eligible for assistance 
    under section 408 of the Robert T. Stafford Disaster Relief and 
    Emergency Assistance Act (42 U.S.C. 5174) where alternative housing 
    options are less available or less cost-effective.
        (2) Administration.--
            (A) In general.--For the purposes of the pilot program 
        under this section, the Administrator may--
                (i) enter into lease agreements with owners of multi-
            family rental property located in areas covered by a major 
            disaster declaration to house individuals and households 
            eligible for assistance under section 408 of the Robert T. 
            Stafford Disaster Relief and Emergency Assistance Act (42 
            U.S.C. 5174);
                (ii) make improvements to properties under such lease 
            agreements;
                (iii) use the pilot program where the program is cost 
            effective in that the cost to the Government for the lease 
            agreements is in proportion to the savings to the 
            Government by not providing alternative housing; and
                (iv) limit repairs to those required to ensure that the 
            housing units shall meet Federal housing quality standards.
            (B) Improvements to leased properties.--Under the terms of 
        any lease agreement for a property described under subparagraph 
        (A)(ii), the value of the contribution of the Agency to such 
        improvements--
                (i) shall be deducted from the value of the lease 
            agreement; and
                (ii) may not exceed the value of the lease agreement.
        (3) Consultation.--In administering the pilot program under 
    this section, the Administrator may consult with State, local, and 
    tribal governments.
        (4) Report.--
            (A) In general.--Not later than March 31, 2009, the 
        Administrator shall submit to the appropriate committees of 
        Congress a report regarding the effectiveness of the pilot 
        program.
            (B) Contents.--The Administrator shall include in the 
        report--
                (i) an assessment of the effectiveness of the pilot 
            program under this section, including an assessment of 
            cost-savings to the Federal Government and any benefits to 
            individuals and households eligible for assistance under 
            section 408 of the Robert T. Stafford Disaster Relief and 
            Emergency Assistance Act (42 U.S.C. 5174) under the pilot 
            program;
                (ii) findings and conclusions of the Administrator with 
            respect to the pilot program;
                (iii) an assessment of additional authorities needed to 
            aid the Agency in its mission of providing disaster housing 
            assistance to individuals and households eligible for 
            assistance under section 408 of the Robert T. Stafford 
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 
            5174), either under the pilot program under this section or 
            other potential housing programs; and
                (iv) any recommendations of the Administrator for 
            additional authority to continue or make permanent the 
            pilot program.
    (b) Pilot Program Project Approval.--The Administrator shall not 
approve a project under the pilot program after December 31, 2008.

SEC. 689J. PUBLIC ASSISTANCE PILOT PROGRAM.

    (a) Pilot Program.--
        (1) In general.--The President, acting through the 
    Administrator, and in coordination with State and local 
    governments, shall establish and conduct a pilot program to--
            (A) reduce the costs to the Federal Government of providing 
        assistance to States and local governments under sections 
        403(a)(3)(A), 406, and 407 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 1570b(a)(3), 
        5172, 5172);
            (B) increase flexibility in the administration of sections 
        403(a)(3)(A), 406, and 407 of that Act; and
            (C) expedite the provision of assistance to States and 
        local governments provided under sections 403(a)(3)(A), 406, 
        and 407 of that Act.
        (2) Participation.--Only States and local governments that 
    elect to participate in the pilot program may participate in the 
    pilot program for a particular project.
        (3) Innovative administration.--
            (A) In general.--For purposes of the pilot program, the 
        Administrator shall establish new procedures to administer 
        assistance provided under the sections referred to in paragraph 
        (1).
            (B) New procedures.--The new procedures established under 
        subparagraph (A) may include 1 or more of the following:
                (i) Notwithstanding section 406(c)(1)(A) of the Robert 
            T. Stafford Disaster Relief and Emergency Assistance Act 
            (42 U.S.C. 1571(c)(1)(A)), providing an option for a State 
            or local government to elect to receive an in-lieu 
            contribution in an amount equal to 90 percent of the 
            Federal share of the Federal estimate of the cost of 
            repair, restoration, reconstruction, or replacement of a 
            public facility owned or controlled by the State or local 
            government and of management expenses.
                (ii) Making grants on the basis of estimates agreed to 
            by the local government (or where no local government is 
            involved, by the State government) and the Administrator to 
            provide financial incentives and disincentives for the 
            local government (or where no local government is involved, 
            for the State government) for the timely or cost effective 
            completion of projects under sections 403(a)(3)(A), 406, 
            and 407 of that Act.
                (iii) Increasing the Federal share for removal of 
            debris and wreckage for States and local governments that 
            have a debris management plan approved by the Administrator 
            and have pre-qualified 1 or more debris and wreckage 
            removal contractors before the date of declaration of the 
            major disaster.
                (iv) Using a sliding scale for the Federal share for 
            removal of debris and wreckage based on the time it takes 
            to complete debris and wreckage removal.
                (v) Using a financial incentive to recycle debris.
                (vi) Reimbursing base wages for employees and extra 
            hires of a State or local government involved in or 
            administering debris and wreckage removal.
        (4) Waiver.--The Administrator may waive such regulations or 
    rules applicable to the provisions of assistance under the sections 
    referred to in paragraph (1) as the Administrator determines are 
    necessary to carry out the pilot program under this section.
    (b) Report.--
        (1) In general.--Not later than March 31, 2009, the 
    Administrator shall submit to the appropriate committees of 
    Congress a report regarding the effectiveness of the pilot program 
    under this section.
        (2) Contents.--The report submitted under paragraph (1) shall 
    include--
            (A) an assessment by the Administrator of any 
        administrative or financial benefits of the pilot program;
            (B) an assessment by the Administrator of the effect, 
        including any savings in time and cost, of the pilot program;
            (C) any identified legal or other obstacles to increasing 
        the amount of debris recycled after a major disaster;
            (D) any other findings and conclusions of the Administrator 
        with respect to the pilot program; and
            (E) any recommendations of the Administrator for additional 
        authority to continue or make permanent the pilot program.
    (c) Deadline for Initiation of Implementation.--The Administrator 
shall initiate implementation of the pilot program under this section 
not later than 90 days after the date of enactment of this Act.
    (d) Pilot Program Project Duration.--The Administrator may not 
approve a project under the pilot program under this section after 
December 31, 2008.

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

    (a) In General.--Notwithstanding section 408(d)(2)(B) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5174(d)(2)(B)), if the Administrator authorizes the disposal of an 
unused temporary housing unit that is owned by the Agency on the date 
of enactment of this Act and is not used to house individuals or 
households under section 408 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174) after that date, such 
unit shall be disposed of under subchapter III of chapter 5 of subtitle 
I of title 40, United States Code.
    (b) Tribal Governments.--Housing units described in subsection (a) 
shall be disposed of in coordination with the Department of the 
Interior or other appropriate agencies in order to transfer such units 
to tribal governments if appropriate.

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

SEC. 691. ADVANCE CONTRACTING.

    (a) Initial Report.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Administrator shall submit a report 
    under paragraph (2) identifying--
            (A) recurring disaster response requirements, including 
        specific goods and services, for which the Agency is capable of 
        contracting for in advance of a natural disaster or act of 
        terrorism or other man-made disaster in a cost effective 
        manner;
            (B) recurring disaster response requirements, including 
        specific goods and services, for which the Agency can not 
        contract in advance of a natural disaster or act of terrorism 
        or other man-made disaster in a cost effective manner; and
            (C) a contracting strategy that maximizes the use of 
        advance contracts to the extent practical and cost-effective.
        (2) Submission.--The report under paragraph (1) shall be 
    submitted to the appropriate committees of Congress.
    (b) Entering Into Contracts.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Administrator shall enter into 1 or more 
    contracts for each type of goods or services identified under 
    subsection (a)(1)(A), and in accordance with the contracting 
    strategy identified in subsection (a)(1)(C). Any contract for goods 
    or services identified in subsection (a)(1)(A) previously awarded 
    may be maintained in fulfilling this requirement.
        (2) Considered factors.--Before entering into any contract 
    under this subsection, the Administrator shall consider section 307 
    of the Robert T. Stafford Disaster Relief and Emergency Assistance 
    Act (42 U.S.C. 5150), as amended by this Act.
        (3) Prenegotiated federal contracts for goods and services.--
    The Administrator, in coordination with State and local governments 
    and other Federal agencies, shall establish a process to ensure 
    that Federal prenegotiated contracts for goods and services are 
    coordinated with State and local governments, as appropriate.
        (4) Prenegotiated state and local contracts for goods and 
    services.--The Administrator shall encourage State and local 
    governments to establish prenegotiated contracts with vendors for 
    goods and services in advance of natural disasters and acts of 
    terrorism or other man-made disasters.
    (c) Maintenance of Contracts.--After the date described under 
subsection (b), the Administrator shall have the responsibility to 
maintain contracts for appropriate levels of goods and services in 
accordance with subsection (a)(1)(C).
    (d) Report on Contracts Not Using Competitive Procedures.--At the 
end of each fiscal quarter, beginning with the first fiscal quarter 
occurring at least 90 days after the date of enactment of this Act, the 
Administrator shall submit a report on each disaster assistance 
contract entered into by the Agency by other than competitive 
procedures to the appropriate committees of Congress.

SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

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

SEC. 693. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER 
              EXPENDITURES.

    (a) Authority of Administrator to Designate Funds for Oversight 
Activities.--The Administrator may designate up to 1 percent of the 
total amount provided to a Federal agency for a mission assignment as 
oversight funds to be used by the recipient agency for performing 
oversight of activities carried out under the Agency reimbursable 
mission assignment process. Such funds shall remain available until 
expended.
    (b) Use of Funds.--
        (1) Types of oversight activities.--Oversight funds may be used 
    for the following types of oversight activities related to Agency 
    mission assignments:
            (A) Monitoring, tracking, and auditing expenditures of 
        funds.
            (B) Ensuring that sufficient management and internal 
        control mechanisms are available so that Agency funds are spent 
        appropriately and in accordance with all applicable laws and 
        regulations.
            (C) Reviewing selected contracts and other activities.
            (D) Investigating allegations of fraud involving Agency 
        funds.
            (E) Conducting and participating in fraud prevention 
        activities with other Federal, State, and local government 
        personnel and contractors.
        (2) Plans and reports.--Oversight funds may be used to issue 
    the plans required under subsection (e) and the reports required 
    under subsection (f).
    (c) Restriction on Use of Funds.--Oversight funds may not be used 
to finance existing agency oversight responsibilities related to direct 
agency appropriations used for disaster response, relief, and recovery 
activities.
    (d) Methods of Oversight Activities.--
        (1) In general.--Oversight activities may be carried out by an 
    agency under this section either directly or by contract. Such 
    activities may include evaluations and financial and performance 
    audits.
        (2) Coordination of oversight activities.--To the extent 
    practicable, evaluations and audits under this section shall be 
    performed by the inspector general of the agency.
    (e) Development of Oversight Plans.--
        (1) In general.--If an agency receives oversight funds for a 
    fiscal year, the head of the agency shall prepare a plan describing 
    the oversight activities for disaster response, relief, and 
    recovery anticipated to be undertaken during the subsequent fiscal 
    year.
        (2) Selection of oversight activities.--In preparing the plan, 
    the head of the agency shall select oversight activities based upon 
    a risk assessment of those areas that present the greatest risk of 
    fraud, waste, and abuse.
        (3) Schedule.--The plan shall include a schedule for conducting 
    oversight activities, including anticipated dates of completion.
    (f) Federal Disaster Assistance Accountability Reports.--A Federal 
agency receiving oversight funds under this section shall submit 
annually to the Administrator and the appropriate committees of 
Congress a consolidated report regarding the use of such funds, 
including information summarizing oversight activities and the results 
achieved.
    (g) Definition.--In this section, the term ``oversight funds'' 
means funds referred to in subsection (a) that are designated for use 
in performing oversight activities.

SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.

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

``SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.

    ``(a) Contracts or Agreements With Private Entities.--
        ``(1) In general.--In the expenditure of Federal funds for 
    debris clearance, distribution of supplies, reconstruction, and 
    other major disaster or emergency assistance activities which may 
    be carried out by contract or agreement with private organizations, 
    firms, or individuals, preference shall be given, to the extent 
    feasible and practicable, to those organizations, firms, and 
    individuals residing or doing business primarily in the area 
    affected by such major disaster or emergency.
        ``(2) Construction.--This subsection shall not be considered to 
    restrict the use of Department of Defense resources under this Act 
    in the provision of assistance in a major disaster.
        ``(3) Specific geographic area.--In carrying out this section, 
    a contract or agreement may be set aside for award based on a 
    specific geographic area.
    ``(b) Implementation.--
        ``(1) Contracts not to entities in area.--Any expenditure of 
    Federal funds for debris clearance, distribution of supplies, 
    reconstruction, and other major disaster or emergency assistance 
    activities which may be carried out by contract or agreement with 
    private organizations, firms, or individuals, not awarded to an 
    organization, firm, or individual residing or doing business 
    primarily in the area affected by such major disaster shall be 
    justified in writing in the contract file.
        ``(2) Transition.--Following the declaration of an emergency or 
    major disaster, an agency performing response, relief, and 
    reconstruction activities shall transition work performed under 
    contracts in effect on the date on which the President declares the 
    emergency or major disaster to organizations, firms, and 
    individuals residing or doing business primarily in any area 
    affected by the major disaster or emergency, unless the head of 
    such agency determines that it is not feasible or practicable to do 
    so.
    ``(c) Prior Contracts.--Nothing in this section shall be construed 
to require any Federal agency to breach or renegotiate any contract in 
effect before the occurrence of a major disaster or emergency.''.

SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

    (a) Regulations.--The Secretary shall promulgate regulations 
applicable to contracts described in subsection (c) to restrict the 
contract period of any such contract entered into using procedures 
other than competitive procedures pursuant to the exception provided in 
paragraph (2) of section 303(c) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum 
contract period necessary--
        (1) to meet the urgent and compelling requirements of the work 
    to be performed under the contract; and
        (2) to enter into another contract for the required goods or 
    services through the use of competitive procedures.
    (b) Specific Contract Period.--The regulations promulgated under 
subsection (a) shall require the contract period to not to exceed 150 
days, unless the Secretary determines that exceptional circumstances 
apply.
    (c) Covered Contracts.--This section applies to any contract in an 
amount greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)) entered into by the Department to facilitate response to or 
recovery from a natural disaster, act of terrorism, or other man-made 
disaster.

SEC. 696. FRAUD, WASTE, AND ABUSE CONTROLS.

    (a) In General.--The Administrator shall ensure that--
        (1) all programs within the Agency administering Federal 
    disaster relief assistance develop and maintain proper internal 
    management controls to prevent and detect fraud, waste, and abuse;
        (2) application databases used by the Agency to collect 
    information on eligible recipients must record disbursements;
        (3) such tracking is designed to highlight and identify 
    ineligible applications; and
        (4) the databases used to collect information from applications 
    for such assistance must be integrated with disbursements and 
    payment records.
    (b) Audits and Reviews Required.--The Administrator shall ensure 
that any database or similar application processing system for Federal 
disaster relief assistance programs administered by the Agency 
undergoes a review by the Inspector General of the Agency to determine 
the existence and implementation of such internal controls required 
under this section and the amendments made by this section.
    (c) Verification Measures for Individuals and Households Program.--
Section 408 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174) is amended--
        (1) by redesignating subsection (i) as subsection (j); and
        (2) by inserting after subsection (h) the following:
    ``(i) Verification Measures.--In carrying out this section, the 
President shall develop a system, including an electronic database, 
that shall allow the President, or the designee of the President, to--
        ``(1) verify the identity and address of recipients of 
    assistance under this section to provide reasonable assurance that 
    payments are made only to an individual or household that is 
    eligible for such assistance;
        ``(2) minimize the risk of making duplicative payments or 
    payments for fraudulent claims under this section;
        ``(3) collect any duplicate payment on a claim under this 
    section, or reduce the amount of subsequent payments to offset the 
    amount of any such duplicate payment;
        ``(4) provide instructions to recipients of assistance under 
    this section regarding the proper use of any such assistance, 
    regardless of how such assistance is distributed; and
        ``(5) conduct an expedited and simplified review and appeal 
    process for an individual or household whose application for 
    assistance under this section is denied.''.

SEC. 697. REGISTRY OF DISASTER RESPONSE CONTRACTORS.

    (a) Definitions.--In this section--
        (1) the term ``registry'' means the registry created under 
    subsection (b); and
        (2) the terms ``small business concern'', ``small business 
    concern owned and controlled by socially and economically 
    disadvantaged individuals'', ``small business concern owned and 
    controlled by women'', and ``small business concern owned and 
    controlled by service-disabled veterans'' have the meanings given 
    those terms under the Small Business Act (15 U.S.C. 631 et seq.).
    (b) Registry.--
        (1) In general.--The Administrator shall establish and maintain 
    a registry of contractors who are willing to perform debris 
    removal, distribution of supplies, reconstruction, and other 
    disaster or emergency relief activities.
        (2) Contents.--The registry shall include, for each business 
    concern--
            (A) the name of the business concern;
            (B) the location of the business concern;
            (C) the area served by the business concern;
            (D) the type of good or service provided by the business 
        concern;
            (E) the bonding level of the business concern; and
            (F) whether the business concern is--
                (i) a small business concern;
                (ii) a small business concern owned and controlled by 
            socially and economically disadvantaged individuals;
                (iii) a small business concern owned and controlled by 
            women; or
                (iv) a small business concern owned and controlled by 
            service-disabled veterans.
        (3) Source of information.--
            (A) Submission.--Information maintained in the registry 
        shall be submitted on a voluntary basis and be kept current by 
        the submitting business concerns.
            (B) Attestation.--Each business concern submitting 
        information to the registry shall submit--
                (i) an attestation that the information is true; and
                (ii) documentation supporting such attestation.
            (C) Verification.--The Administrator shall verify that the 
        documentation submitted by each business concern supports the 
        information submitted by that business concern.
        (4) Availability of registry.--The registry shall be made 
    generally available on the Internet site of the Agency.
        (5) Consultation of registry.--As part of the acquisition 
    planning for contracting for debris removal, distribution of 
    supplies in a disaster, reconstruction, and other disaster or 
    emergency relief activities, a Federal agency shall consult the 
    registry.

SEC. 698. FRAUD PREVENTION TRAINING PROGRAM.

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

              Subtitle G--Authorization of Appropriations

SEC. 699. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title and 
the amendments made by this title for the administration and operations 
of the Agency--
        (1) for fiscal year 2008, an amount equal to the amount 
    appropriated for fiscal year 2007 for administration and operations 
    of the Agency, multiplied by 1.1;
        (2) for fiscal year 2009, an amount equal to the amount 
    described in paragraph (1), multiplied by 1.1; and
        (3) for fiscal year 2010, an amount equal to the amount 
    described in paragraph (2), multiplied by 1.1.
    Sec. 699A. Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title shall be treated as referring only 
to the provisions of this title.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2007''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.`