999361d7e139ccb04bfbd548b8e2afec1c103201c781f400a6a6a312359d8a80

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

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time period as originally enacted.

8961148523642d7836444539b498b33409d9ba78e1dec400850f8562af9edecc

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.

3b59aa71b631213d6643c530786311af9d39df335aea4572c48a2c5b6e3a64cf

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.

ff9e5377547167dcb6f3c98df880715498d513dfa6407aa0b2e04a0f0e2557fd

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.

e1ba2953e7a58bc1341e1c30f22180f9e3c0679e4af3aaa6041834af29e3498a

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.

b959af7c8bc20e8dcd5215ba06c6a7acca6612367a0632347d1dbece71e8aec3

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.

87526cead6c880798c1abbaeef1ae90e958c129d1af6da9e1198c5da3213ac3b

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.

5672da3e00822fa5d5f99ad7961f9f3b688c404cfcfea8790d2525498ef4c47e

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.

89d7c9899b2cd4de98fa856d072c25147a39ab4d5652ccc029023b1741ca26ab

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.

d5be97a1c5f7664a02cf78b41b2d7db586cf58ef667c661f2c4ac58acbfcee26

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.

4bd3f06096569ba08617e5c7c840041751744f167590a9c59ec8f6423a011e11

contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).

1da096440770682de29b78f762057c1bbefa735041aebcb6f79cf2b0276f6c4a

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.

4833917e1ae92ff43af61bf6064842d0672a50a1bfd69c462c3ccd3ed2d8b0c9

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.

d5110155fa1a2b6abce25eb9cf699623dc9e1c79a747eaf952996db50beb2c22

to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).

8d8a982c1e741bba7ac709588d3607b949bae980ffbac430ad6e5b273f171da7

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.

d2dcf680b7bef045ad1917b3fa4e5a877582e8aab30f75fc0232e7339137fa7e

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.

dbc1b227dd91de8b012933c19f2c8ee46abbd5287c118e1f090b173ecdcb46f2

industry stakeholders, shall develop standards and protocols for
increasing the use of explosive detection equipment to screen air cargo
when appropriate.

fd65b9bfd3cd5447ceef6f5a68fce0f177bd6829dabb7fd5caf22e6d80813b6d

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).

6efb374521e6ec0161c0462b640d2cafc1fa4e72372edfc29d41bc942dc184b3

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.

12aab59c24fc5b4aed03d8b213a52347e421a041b85871ee03add6ed650f9396

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'').

84cfa43fde77fa525572fef4ca07693bd37ca3869ccc8cc26865665e1c3f210b

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.

6dc6657cdb217aae50f24ab4055e7d81bf6b965cf4a5f80b7cda9bdc4971140a

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.

046c057879e782e77d54ee7d0fe387a5fb74f4aa9c1f16c8df77ac27102998dc

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.

06e2c562e0d9780b1cd640286b6b1afc98401bb4bbbf1b6031d24e9d8010a3ae

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.

f889155bcfdc566eeb4b97abb94c8dbaf0f846ad3f6b86d6dc7d3083c91faa33

established, pursuant to  section 403 of Public Law 103-356 (31 U.S.C.
501 note), shall continue operations during fiscal year 2007.

af2dd1aaa8002b4d55760e52fc5d4d825acf759fd5b5bc77daef6abb03521c09

appropriations made available for the ``Counterterrorism Fund'',
$16,000,000 are rescinded.

5aef496ea1b205b68b92568c60c08bc9dda847866ced8985df1ce9531072bb7d

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.

8f21df7b7037c1b447cf42ca390738c4aadd7bb15764c8393cdc47e8727511e6

appropriations made available for Science and Technology, $125,000,000
from ``Research, Development, Acquisition, and Operations'' are
rescinded.

21bc95056f43d6a75083480a9ec6dc323f8b6c699cac042ffe299afed65450ca

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.

2fa44041b52df1275a8c43624fb7c74658b53699d5aadb385ba231186508e76d

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.

877e68c12c9eaedeb697af0dedf75f66601957be1dcf69e0dc0e5a237fb5b617

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.

5a75072ccc7c786c7d70e179089cdcda752db28f9f676dfbee66dacefafe31a1

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.

a9505904dd7a6d336bb05b294d3b6c86543bd3b8db32090f82deb234994f7c6b

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.

4d63af478b0065e87e19acbf8f08a35faee3aa38c4f7cc516c74808f2da9d3b3

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).

730e3c161eb1bee6715b6888a5d79e0cd0c913bb1728ed0e6d11a038bd3ad971

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.

af4f2205ee5c20241472a3733a44905802e18bcbc97e8097e02404973e2a913d

appropriations made available for Transportation Security
Administration ``Aviation Security'' and ``Headquarters
Administration'', $4,776,000 are rescinded.

17cfa64b0eda9035b02a02121e59c88c62b7646052abacff214a2b9ebcdb8167

appropriations made available for Transportation Security
Administration ``Aviation Security'', $61,936,000 are rescinded.

cccfe18b702cb40c03b447ad823101057e8fa837eb823c3ef294706a689dae17

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.

c8b3bd46b89ad7edcf3c346684b6fe703a2e94cfcb3b634ec2f84f0638cf6aba

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.

732fb36abec1ef23c939a78238b30e9dfe1d4b1813c1e3f27a2f766454a8d6f7

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.

5ed9b6449eeb1ac2bf3d5ebd416a29d34a7caf538fb062b370f99bdbae995ae0

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.

5af02f9453bb6c1497fc054f0f97bb5ff5a4947da78c84e023c57ca8c88fb7fd

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).

f2eb1343b0639456ee98fff8a64d8fa7edecbb798bd4db737bd6d0e6c498b171

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).

07f637c99a9f66764fa9421b891a1d003b1c39594187fb816938d64ba2a4750a

in contravention of section 303 of the Energy Policy Act of 1992 (42
U.S.C. 13212).

0684bf9f42e695d7d7b2da4f6799e46ecd8175bd2f792c6be9a14a1dcc71212b

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.''.

6b945f256ea4a699716e6ccbab5882e1d1f031a7b9a6f36052260c80f04c02da

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).

7f65b4a3ced207c5241b8003b0b2dfe1da2ac7c40de8cd7e4134212daeb8b28b

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.

d911642777cc536457c5a080172c186372fa7bfd45c57a5873102b701356952f

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.).

a66754c07f6063082d5a647e69e87463c63b5cef1a73cf733920ec91fbac4f4e

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.

5c24afe5b8a5a54fd04ae8d60753b599ccc5d9197841544c5b923a8cb4a517b1

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.

c711e2cf455a975714da3c40064d589721017a12dba75631b9828197a83a2216

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.

32370dd13dcf3ba64f13f44ff54daa2170c0168e85cfb6b8cadde7d1d5846ed1

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).

fd9c9c309a7f538a1a2ec84fc837be621c805cdfb02efc429d2de3b5c66b3407

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.

19b60e1e12b86eb96ea883952309a9c3403dd20ccf0822be3da73c70f936c19f

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.

f79a3dab324c675e34d41a2c4a59db3011445b4dc9e59ec7daf739bd121bbab2

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.

abc449f2fee18407759db92eaf3257aafe576ffca34f66f46bf738894aa32447

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.''.

e86f6b30832d5cf6db4a570f3d6a46534a2a841dc2ce36b0c336cc53e1a9c7f8

(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.

a434e0ceeab08830f057cf95b0068a5ecd8746acf606eca1243bd44708b4ac0f

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.

0f4995a146bbbc2505092c40123449f3eebb490186986eca535bc1a4668d37cd

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.

42be5bcb0603840d90bd260987ee44d324d670c025247c3cc859f38c632c0996

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

227e7723bd98b71b41f8275ed168762bc29b0ee5234eee5383ee8df0615555bc

TITLE VI

-NATIONAL EMERGENCY MANAGEMENT

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

ccff46bf28f93d6f28e26fb274db0d6f00badabec4bd5e91f6ea19bc75f8663f

1d473a30e3459840a22fa91dd956243e5e446dac4432bc19872481c40965f15e

(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.

b6d20a2f107d94c548c65d4f8c773dff1fc4ec50af546fcef47721e20406abf2

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).

b60ee4b94095cbf3ba7171f94b172901571b4f1cdffdd9c4fae6094b12a40467

(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

cbe019ef93ad62ef803165d839cc0f5119e4dc243c7eb57b094d24f8c63f2c85

(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''.

339ac4e60e651f57c388e59689eb0eee8207ddc1fa57b23f51ed913484a55d0b

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.''.

3d652936f5a5b634d11490f5ed40a6fcf5552488e72181a0e48e2505f5c51ac7

(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.''.

39baeaf351d712f0aea43c4dfcb099047e8f548f8e61f1c6674aca128c9f6989

(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

be8d85fb0d58de28e05626cb8c590e32cba28f91f81c13ac9412c1e5e8705f5f

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.''.

39ac1eaab0a29ed89b7587a5b66d7f87826937a569d5a94f4c9a7c0098df4416

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.

7932440f8a6dc1296f9382beae3e16526538eb5c728112af071f5bac014844b4

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.''.

97d6c692eae6bdc1c90766206fb85315b40490c52d7077ab8b0c648c5542873f

(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.

43d97782563af11f4fb46217300db006eb391b6a205070da53054e22f800ef41

(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.

e1548caf55b321c560f0e33e848f2a0fcd9643bf02b3512553efd057767b54d2

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.

995a53f0f2b4f409e728d8e8b15a33ba119704f334ca51b8a39780ce77ac41d4

(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.

0793230678d61bc63db601ca0c76c912422939b7366ccda83e274ea99cd6635a

(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.

44e47e8b6ef753fc9d0bf80e1b7a0cbc8b23c92f02a0a87dfc5abc78e147a3d3

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.

2c292a5609a072e03b8729fccadff97de9b62ff029170641ae681e751ed0ad4b

(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

42287a47bf2f2f9289e30d6d650c465c55c846324ed4f16e2917205b94da7552

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.

853dc04ff279ff213c7589f509f7d3d38ceb76e2697e004acbb7c6c3f4ea8199

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.

f5715b65da108554ebc7442315c413c870d2eb0b31291247f4f9885fb518aa83

(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.

f360551146ae75979f25f677a119995165007f3ec7953f3397e4ab7960b59992

(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.

8720e1bd370aaef4e38e0b5132cc3fb61ae1114c9f0e7fc700a0ffff8cc877e9

(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.

10b0c1898df0c45de4834a13d4b14060fb9c352c2bd2f997d5c177362fb91b4f

(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.

c0a1fd1190e2bed2c51fc910040fb6d395ff33b51fd72bf57fb9c66394ebda12

(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.

9e3e61717feb2864353b52629da61009734b20da409bb7453c084f35d9b5aeb8

(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.

1594615d7c2c0a75d92c2a42a312635b233c222ed76c10657b2270380d545d4c

(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.

e3eccb559be1d21dd76c3337514c8ddd7e28dd7f1e91557ac92c94b9e016b27b

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.

1f0842ab10193318fa9a02797fe50fd0dce321e5d1f3853b8e49c21ee1bc5e81

(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.

be2a12ab5128ae875a722de0d7f84c7562606e5728dc5de1a3c0b9be4b509af0

(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.

ef270696af8b684bb308ea2de6f4a40ebd0b8880740a1e86a8d87cd5c2e17886

(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.

5fe7a0edda05e66ecea297dd623b17142a358c60dcf42389404287678e6f166b

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

9424da59db5733e1f5d0914894a1b19bdc15cc3875ca3b739297b6651477852d

(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.

498cc572e5bd2f25082cf58ca4c0c26706005eaad971ee1953d6d62554c9ce1d

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.

9103d74969313098b4f0443b22668deaf288b80486b8cedbcd441fdea87efcfb

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.

9291f2a7e7a4b01c88aeb6f390ad5ec6099c5d45f1ef43061859b5e3df00c0ea

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

24b7e104132783648b7b58b71705fa661694309a9007cddc582b888b15911287

1e7400238787270397422c30ecab50a34533a0b127bb7435300b67426dfdc098

Department of Homeland Security Appropriations Act, 2007

Other Sections

TITLE VI

Want the full experience?