H. R. 5441—38
Federal, State, or local law, other than for forfeiture in compli-
ance with Federal law or as evidence in a criminal investigation; 
‘‘(2) require registration of any firearm for which registra-
tion 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 other-
wise 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 tem-
porary 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 surren-
dered 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 per-
son who subjects such individual, or causes such individual 
to be subjected, to the deprivation of any of the rights, privi-
leges, 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) DESIGNA-
TIONS.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Homeland Secu-
rity (referred to in this section as the ‘‘Secretary’’) shall des-
ignate 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 imple-
ment the pilot program under this subsection. 
(b) IMPLEMENTATION.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall achieve a full-
H. R. 5441—39
scale implementation of the pilot integrated screening system, which 
shall—
(1) scan all containers destined for the United States that 
transit through the terminal; 
(2) electronically transmit the images and information to 
the container security initiative personnel in the host country 
and/or Customs and Border Protection personnel in the United 
States for evaluation and analysis; 
(3) resolve every radiation alarm according to established 
Department procedures; 
(4) utilize the information collected to enhance the Auto-
mated Targeting System or other relevant programs; and 
(5) store the information for later retrieval and analysis. 
(c) EVALUATION.—The Secretary shall evaluate the pilot pro-
gram 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 infra-
structure 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 appro-
priately 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 automati-
cally 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 Sec-
retary, in cooperation with the Secretary of State, shall seek to 
secure the cooperation of foreign governments to initiate and maxi-
mize 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 Secu-
rity Act, 2006 (Public Law 109–90) for National Special Security 
Events, $2,500,000 are rescinded. 
(b) ADDITIONAL APPROPRIATION.—For necessary expenses of the 
United States Secret Service ‘‘Protection, Administration, and
H. R. 5441—40
Training’’, there is appropriated an additional $2,500,000, to remain 
available until expended for National Special Security Events. 
SEC. 560. Transfer authority contained in section 505 of the 
Homeland Security Act, as amended by title VI of this Act, shall 
be used in accordance with the provisions of section 1531(a)(2) 
of title 31, United States Code. 
TITLE VI—NATIONAL EMERGENCY 
MANAGEMENT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Post-Katrina Emergency 
Management Reform Act of 2006’’. 
SEC. 602. DEFINITIONS. 
In this title—
(1) the term ‘‘Administrator’’ means the Administrator of 
the Agency; 
(2) the term ‘‘Agency’’ means the Federal Emergency 
Management Agency; 
(3) the term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
(B) those committees of the House of Representatives 
that the Speaker of the House of Representatives deter-
mines 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 Home-
land 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 govern-
mental function that coordinates and integrates all activities 
necessary to build, sustain, and improve the capability to pre-
pare for, protect against, respond to, recover from, or mitigate 
against threatened or actual natural disasters, acts of terrorism, 
or other man-made disasters; 
(8) the term ‘‘emergency response provider’’ has the 
meaning given the term in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101), as amended by this Act; 
(9) the term ‘‘Federal coordinating officer’’ means a Federal 
coordinating officer as described in section 302 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5143); 
(10) the term ‘‘individual with a disability’’ has the meaning 
given the term in section 3 of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12102);
H. R. 5441—41
(11) the terms ‘‘local government’’ and ‘‘State’’ have the 
meaning given the terms in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101); 
(12) the term ‘‘National Incident Management System’’ 
means a system to enable effective, efficient, and collaborative 
incident management; 
(13) the term ‘‘National Response Plan’’ means the National 
Response Plan or any successor plan prepared under section 
502(a)(6) of the Homeland Security Act of 2002 (as amended 
by this Act); 
(14) the term ‘‘Secretary’’ means the Secretary of Homeland 
Security; 
(15) the term ‘‘surge capacity’’ means the ability to rapidly 
and substantially increase the provision of search and rescue 
capabilities, food, water, medicine, shelter and housing, medical 
care, evacuation capacity, staffing (including disaster assistance 
employees), and other resources necessary to save lives and 
protect property during a catastrophic incident; and 
(16) the term ‘‘tribal government’’ means the government 
of an Indian tribe or authorized tribal organization, or in Alaska 
a Native village or Alaska Regional Native Corporation. 
Subtitle A—Federal Emergency 
Management Agency 
SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT 
AGENCY. 
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 
et seq.) is amended—
(1) by striking the title heading and inserting the following: 
‘‘TITLE V—NATIONAL EMERGENCY 
MANAGEMENT’’; 
(2) by striking section 501; 
(3) by striking section 503; 
(4) by striking section 507; 
(5) by striking section 510 (relating to urban and other 
high risk area communications capabilities); 
(6) by redesignating sections 504, 505, 508, and 509 as 
sections 517, 518, 519, and 520, respectively; 
(7) by redesignating section 510 (relating to procurement 
of security countermeasures for the strategic national stockpile) 
as section 521; 
(8) by redesignating section 502 as section 504; 
(9) by redesignating section 506 as section 502 and transfer-
ring that section to before section 504, as redesignated by 
paragraph (8) of this section; 
(10) by inserting before section 502, as redesignated and 
transferred by paragraph (9) of this section, the following: 
‘‘SEC. 501. DEFINITIONS. 
‘‘In this title—
‘‘(1) the term ‘Administrator’ means the Administrator of 
the Agency;
H. R. 5441—42
‘‘(2) the term ‘Agency’ means the Federal Emergency 
Management Agency; 
‘‘(3) the term ‘catastrophic incident’ means any natural 
disaster, act of terrorism, or other man-made disaster that 
results in extraordinary levels of casualties or damage or 
disruption severely affecting the population (including mass 
evacuations), infrastructure, environment, economy, national 
morale, or government functions in an area; 
‘‘(4) the term ‘Federal coordinating officer’ means a Federal 
coordinating officer as described in section 302 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5143); 
‘‘(5) the term ‘interoperable’ has the meaning given the 
term ‘interoperable communications’ under section 7303(g)(1) 
of the Intelligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 194(g)(1)); 
‘‘(6) the term ‘National Incident Management System’ 
means a system to enable effective, efficient, and collaborative 
incident management; 
‘‘(7) the term ‘National Response Plan’ means the National 
Response Plan or any successor plan prepared under section 
502(a)(6); 
‘‘(8) the term ‘Regional Administrator’ means a Regional 
Administrator appointed under section 507; 
‘‘(9) the term ‘Regional Office’ means a Regional Office 
established under section 507; 
‘‘(10) the term ‘surge capacity’ means the ability to rapidly 
and substantially increase the provision of search and rescue 
capabilities, food, water, medicine, shelter and housing, medical 
care, evacuation capacity, staffing (including disaster assistance 
employees), and other resources necessary to save lives and 
protect property during a catastrophic incident; and 
‘‘(11) the term ‘tribal government’ means the government 
of any entity described in section 2(10)(B).’’; 
(11) by inserting after section 502, as redesignated and 
transferred by paragraph (9) of this section, the following: 
‘‘SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY. 
‘‘(a) IN GENERAL.—There is in the Department the Federal 
Emergency Management Agency, headed by an Administrator. 
‘‘(b) MISSION.—
‘‘(1) PRIMARY MISSION.—The primary mission of the Agency 
is to reduce the loss of life and property and protect the Nation 
from all hazards, including natural disasters, acts of terrorism, 
and other man-made disasters, by leading and supporting the 
Nation in a risk-based, comprehensive emergency management 
system of preparedness, protection, response, recovery, and 
mitigation. 
‘‘(2) SPECIFIC ACTIVITIES.—In support of the primary mis-
sion of the Agency, the Administrator shall—
‘‘(A) lead the Nation’s efforts to prepare for, protect 
against, respond to, recover from, and mitigate against 
the risk of natural disasters, acts of terrorism, and other 
man-made disasters, including catastrophic incidents; 
‘‘(B) partner with State, local, and tribal governments 
and emergency response providers, with other Federal
H. R. 5441—43
agencies, with the private sector, and with nongovern-
mental organizations to build a national system of emer-
gency management that can effectively and efficiently uti-
lize 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 dis-
aster; 
‘‘(D) integrate the Agency’s emergency preparedness, 
protection, response, recovery, and mitigation responsibil-
ities 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, emer-
gency 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 Immigra-
tion 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 dis-
aster; 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 nec-
essary 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 emer-
gency management and homeland security; and 
‘‘(B) not less than 5 years of executive leadership and 
management experience in the public or private sector. 
‘‘(3) REPORTING.—The Administrator shall report to the 
Secretary, without being required to report through any other 
official of the Department. 
‘‘(4) PRINCIPAL
ADVISOR
ON
EMERGENCY
MANAGEMENT.—
‘‘(A) IN GENERAL.—The Administrator is the principal 
advisor to the President, the Homeland Security Council,
H. R. 5441—44
and the Secretary for all matters relating to emergency 
management in the United States. 
‘‘(B) ADVICE AND RECOMMENDATIONS.—
‘‘(i) IN GENERAL.—In presenting advice with respect 
to any matter to the President, the Homeland Security 
Council, or the Secretary, the Administrator shall, as 
the Administrator considers appropriate, inform the 
President, the Homeland Security Council, or the Sec-
retary, as the case may be, of the range of emergency 
preparedness, protection, response, recovery, and miti-
gation 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 emer-
gency 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 para-
graph shall be construed as affecting the authority of the 
Secretary under this Act.’’; 
(12) in section 504, as redesignated by paragraph (8) of 
this section—
(A) in the section heading, by inserting ‘‘authority
and’’ 
before ‘‘responsibilities’’; 
(B) by striking the matter preceding paragraph (1) 
and inserting the following: 
‘‘(a) IN GENERAL.—The Administrator shall provide Federal 
leadership necessary to prepare for, protect against, respond to, 
recover from, or mitigate against a natural disaster, act of terrorism, 
or other man-made disaster, including—’’; 
(C) in paragraph (6), by striking ‘‘and’’ at the end; 
and 
(D) by striking paragraph (7) and inserting the fol-
lowing: 
‘‘(7) helping ensure the acquisition of operable and inter-
operable 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, com-
prehensive emergency management system of—
H. R. 5441—45
‘‘(A) mitigation, by taking sustained actions to reduce 
or eliminate long-term risks to people and property from 
hazards and their effects; 
‘‘(B) preparedness, by planning, training, and building 
the emergency management profession to prepare effec-
tively 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 individ-
uals, businesses, and governments can function on their 
own, return to normal life, and protect against future haz-
ards; 
‘‘(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 authori-
ties 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 responsibil-
ities under this section, the Administrator shall coordinate the 
implementation of a risk-based, all-hazards strategy that builds
H. R. 5441—46
those common capabilities necessary to prepare for, protect against, 
respond to, recover from, or mitigate against natural disasters, 
acts of terrorism, and other man-made disasters, while also building 
the unique capabilities necessary to prepare for, protect against, 
respond to, recover from, or mitigate against the risks of specific 
types of incidents that pose the greatest risk to the Nation.’’; and 
(13) by inserting after section 504, as redesignated by para-
graph (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 govern-
ment 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 Direc-
torate 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, authori-
ties, and liabilities of each component described under para-
graphs (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 func-
tions 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 enact-
ment 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 reprogram-
ming or transferring funds, the Secretary shall comply with any 
applicable provisions of any Act making appropriations for the