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pdf109TH CONGRESS
" HOUSE OF REPRESENTATIVES
2d Session
!
REPORT
109–699
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF
HOMELAND SECURITY FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2007, AND FOR OTHER PURPOSES
SEPTEMBER 28, 2006.—Ordered to be printed
Mr. ROGERS of Kentucky, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 5441]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R. 5441)
‘‘making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2007, and for other purposes’’, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as
follows:
In lieu of the matter stricken and inserted by said amendment,
insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2007, for the Department of Homeland Security and
for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE
OF THE
SECRETARY
AND
EXECUTIVE MANAGEMENT
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For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of the
Department of Homeland Security, as authorized by law,
$94,470,000: Provided, That not to exceed $40,000 shall be for offi30–052
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2
cial reception and representation expenses: Provided further, That of
the funds provided under this heading, $5,000,000 shall not be
available for obligation until the Secretary of Homeland Security
submits a comprehensive port, container, and cargo security strategic plan to the Committees on Appropriations of the Senate and
the House of Representatives; the Committee on Homeland Security
of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on
Commerce, Science, and Transportation of the Senate that requires
screening all inbound cargo, doubles the percentage of inbound
cargo currently inspected, sets minimum standards for securing inbound cargo, and includes the fiscal year 2007 performance requirements for port, container, and cargo security as specified in the joint
explanatory statement accompanying this Act: Provided further,
That of the funds provided under this heading, $10,000,000 shall
not be available for obligation until the Secretary submits the Secure Border Initiative multi-year strategic plan to the Committees
on Appropriations of the Senate and the House of Representatives,
the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on the Judiciary of the Senate and the House of Representatives no later than December 1,
2006, that includes: a comprehensive mission statement, an identification of long-term goals, an explanation of how long-term goals
will be achieved, schedule and resource requirements for goal
achievement, an identification of annual performance goals and
how they link to long-term goals, an identification of annual performance measures used to gauge effectiveness towards goal achievement by goal, and an identification of major capital assets critical
to program success.
OFFICE
OF THE
UNDER SECRETARY
FOR
MANAGEMENT
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the
Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$153,640,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses: Provided further, That of
the total amount provided, $8,206,000 shall remain available until
expended solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department
headquarters operations.
OFFICE
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $26,000,000.
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OFFICE
OF THE
CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$349,013,000; of which $79,521,000 shall be available for salaries
and expenses; and of which $269,492,000 shall be available for development and acquisition of information technology equipment,
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software, services, and related activities for the Department of
Homeland Security, and for the costs of conversion to narrowband
communications, including the cost for operation of the land mobile
radio legacy systems, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States Visitor and Immigrant Status Indicator Technology project or the Automated Commercial Environment: Provided further, That the Chief
Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not more than
60 days after the date of enactment of this Act, an expenditure plan
for all information technology projects that: (1) are funded under
this heading; or (2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements:
Provided further, That such expenditure plan shall include each
specific project funded, key milestones, all funding sources for each
project, details of annual and lifecycle costs, and projected cost savings or cost avoidance to be achieved by the project.
ANALYSIS
AND
OPERATIONS
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $299,663,000, to remain
available until September 30, 2008, of which not to exceed $5,000
shall be for official reception and representation expenses.
OFFICE
OF THE
FEDERAL COORDINATOR
REBUILDING
FOR
GULF COAST
For necessary expenses of the Office of the Federal Coordinator
for Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000
shall not be available for obligation until the Committees on Appropriations of the Senate and the House of Representatives receive an
expenditure plan for fiscal year 2007.
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OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $85,185,000, of which not to exceed $100,000 may be
used for certain confidential operational expenses, including the
payment of informants, to be expended at the direction of the Inspector General: Provided, That the Department of Homeland Security
Inspector General shall investigate whether, and to what extent, in
adjusting and settling claims resulting from Hurricane Katrina, insurers making flood insurance coverage available under the WriteYour-Own program pursuant to section 1345 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4081) and subpart C of part 62
of title 44, Code of Federal Regulations, improperly attributed damages from such hurricane to flooding covered under the insurance
coverage provided under the national flood insurance program rather than to windstorms covered under coverage provided by such insurers or by windstorm insurance pools in which such insurers participated: Provided further, That the Department of Homeland Security Inspector General shall submit a report to Congress not later
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than April 1, 2007, setting forth the conclusions of such investigation.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as authorized by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,494,000,
to remain available until expended: Provided, That of the total
amount made available under this heading, $200,000,000 may not
be obligated for the United States Visitor and Immigrant Status Indicator Technology project until the Committees on Appropriations
of the Senate and the House of Representatives receive and approve
a plan for expenditure prepared by the Secretary of Homeland Security that—
(1) meets the capital planning and investment control review requirements established by the Office of Management and
Budget, including Circular A–11, part 7;
(2) complies with the Department of Homeland Security information systems enterprise architecture;
(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;
(4) includes a certification by the Chief Information Officer
of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;
(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget;
(6) is reviewed by the Government Accountability Office;
(7) includes a comprehensive strategic plan for the United
States Visitor and Immigrant Status Indicator Technology
project; and
(8) includes a complete schedule for the full implementation
of a biometric exit program.
UNITED STATES CUSTOMS
AND
BORDER PROTECTION
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SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections
and regulatory activities related to plant and animal imports; purchase and lease of up to 4,500 (3,500 for replacement only) policetype vehicles; and contracting with individuals for personal services
abroad; $5,562,186,000; of which $379,602,000 shall be used to hire
additional border patrol agents, of which $93,000,000 shall be
available until September 30, 2008; of which $3,026,000 shall be derived from the Harbor Maintenance Trust Fund for administrative
expenses related to the collection of the Harbor Maintenance Fee
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pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to
exceed $45,000 shall be for official reception and representation expenses; of which not less than $175,796,000 shall be for Air and
Marine Operations; of which such sums as become available in the
Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of
which not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; and of
which not to exceed $1,000,000 shall be for awards of compensation
to informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That of the amount provided under this heading, $100,000,000 of inspection and detection
technology investments funding is designated as described in section
520 of this Act: Provided further, That for fiscal year 2007, the overtime limitation prescribed in section 5(c)(1) of the Act of February
13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated
by this Act may be available to compensate any employee of United
States Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national security
purposes, to prevent excessive costs, or in cases of immigration emergencies.
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AUTOMATION MODERNIZATION
For expenses for customs and border protection automated systems, $451,440,000, to remain available until expended, of which
not less than $316,800,000 shall be for the development of the Automated Commercial Environment: Provided, That of the total
amount made available under this heading, $216,800,000 may not
be obligated for the Automated Commercial Environment until the
Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by
the Secretary of Homeland Security that—
(1) meets the capital planning and investment control review requirements established by the Office of Management and
Budget, including Circular A–11, part 7;
(2) complies with the Department of Homeland Security information systems enterprise architecture;
(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;
(4) includes a certification by the Chief Information Officer
of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;
(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
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BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for customs and border protection fencing, infrastructure, and technology, $1,187,565,000, to remain available until
expended: Provided, That of the amount provided under this heading, $1,159,200,000 is designated as described in section 520 of this
Act: Provided further, That of the amount provided under this heading, $950,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure, prepared by the Secretary
of Homeland Security and submitted within 60 days after the date
of enactment of this Act, to establish a security barrier along the
border of the United States of fencing and vehicle barriers, where
practicable, and other forms of tactical infrastructure and technology, that—
(1) defines activities, milestones, and costs for implementing the program;
(2) demonstrates how activities will further the goals and
objectives of the Secure Border Initiative (SBI), as defined in
the SBI multi-year strategic plan;
(3) identifies funding and the organization staffing (including full-time equivalents, contractors, and detailees) requirements by activity;
(4) reports on costs incurred, the activities completed, and
the progress made by the program in terms of obtaining operational control of the entire border of the United States;
(5) includes a certification by the Chief Procurement Officer
of the Department of Homeland Security that procedures to prevent conflicts of interest between the prime integrator and major
subcontractors are established and a certification by the Chief
Information Officer of the Department of Homeland Security
that an independent verification and validation agent is currently under contract for the project;
(6) complies with all applicable acquisition rules, requirements, guidelines, and best systems acquisition management
practices of the Federal Government;
(7) complies with the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A–11, part 7;
(8) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(9) is reviewed by the Government Accountability Office.
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AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial vehicles,
and other related equipment of the air and marine program, including operational training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and
demand reduction programs, the operations of which include the
following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of
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Homeland Security; and at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humanitarian efforts, $602,187,000, to remain available until expended:
Provided, That of the amount provided under this heading,
$232,000,000 of procurement is designated as described in section
520 of this Act: Provided further, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to United States Customs and Border
Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security
during fiscal year 2007 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration
and enforcement of the laws relating to customs and immigration,
$232,978,000, to remain available until expended: Provided, That of
the amount provided under this heading, $110,000,000 is designated as described in section 520 of this Act.
IMMIGRATION
AND
CUSTOMS ENFORCEMENT
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SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) policetype vehicles; $3,887,000,000, of which not to exceed $7,500,000
shall be available until expended for conducting special operations
under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $15,000 shall be for official reception and representation expenses; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $102,000 shall be for promotion of public awareness of the child pornography tipline; of
which not less than $203,000 shall be for Project Alert; of which not
less than $5,400,000 may be used to facilitate agreements consistent
with section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That none of the funds made available
under this heading shall be available to compensate any employee
for overtime in an annual amount in excess of $35,000, except that
the Secretary of Homeland Security, or the designee of the Secretary,
may waive that amount as necessary for national security purposes
and in cases of immigration emergencies: Provided further, That of
the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor in fiscal year 2007, of which
not to exceed $6,000,000 shall remain available until expended.
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FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary submit a report, approved by the Office of Management and Budget, to the Committees on Appropriations of the Senate and the House of Representatives no later than November 1,
2006, demonstrating how the operations of the Federal Protective
Service will be fully funded in fiscal year 2007 through revenues
and collection of security fees.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated systems, $15,000,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$13,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and
approve a plan for expenditure prepared by the Secretary of Homeland Security that—
(1) meets the capital planning and investment control review requirements established by the Office of Management and
Budget, including Circular A–11, part 7;
(2) complies with the Department of Homeland Security information systems enterprise architecture;
(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;
(4) includes a certification by the Chief Information Officer
of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;
(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration
and enforcement of the laws relating to customs and immigration,
$56,281,000, to remain available until expended: Provided, That of
the amount provided under this heading, $30,000,000 is designated
as described in section 520 of this Act.
TRANSPORTATION SECURITY ADMINISTRATION
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AVIATION SECURITY
For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,731,814,000, to remain
available until September 30, 2008, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
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9
That of the total amount made available under this heading, not to
exceed $3,768,266,000 shall be for screening operations, of which
$141,400,000 shall be available only for procurement of checked
baggage explosive detection systems and $138,000,000 shall be
available only for installation of checked baggage explosive detection
systems; and not to exceed $963,548,000 shall be for aviation security direction and enforcement: Provided further, That of the funds
appropriated under this heading, $5,000,000 shall not be obligated
until the Secretary of Homeland Security submits to the Committees
on Appropriations of the Senate and the House of Representatives
a detailed report in response to findings in the Department of
Homeland Security Office of Inspector General report (OIG–04–44)
concerning contractor fees: Provided further, That security service
fees authorized under section 44940 of title 49, United States Code,
shall be credited to this appropriation as offsetting collections and
shall be available only for aviation security: Provided further, That
the sum herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2007, so as to result in a final fiscal year
appropriation from the General Fund estimated at not more than
$2,311,814,000: Provided further, That any security service fees collected in excess of the amount made available under this heading
shall become available during fiscal year 2008: Provided further,
That notwithstanding section 44923 of title 49, United States Code,
the share of the cost of the Federal Government for a project under
any letter of intent shall be 75 percent for any medium or large hub
airport and not more than 90 percent for any other airport, and all
funding provided by section 44923(h) of title 49, United States
Code, or from appropriations authorized under section 44923(i)(1) of
title 49, United States Code, may be distributed in any manner
deemed necessary to ensure aviation security and to fulfill the Government’s planned cost share under existing letters of intent: Provided further, That by December 1, 2006, the Transportation Security Administration shall submit a detailed air cargo security action
plan addressing each of the recommendations contained in the 2005
Government Accountability Office Report (GAO–06–76) on domestic
air cargo security to the Committees on Appropriations of the Senate
and the House of Representatives; the Committee on Homeland Security of the House of Representatives; the Committee on Homeland
Security and Governmental Affairs of the Senate; and the Committee on Commerce, Science, and Transportation of the Senate:
Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership;
and the heads of Federal agencies and commissions, including the
Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General
and Assistant Attorneys General and the United States attorneys;
and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget; shall not
be exempt from Federal passenger and baggage screening: Provided
further, That beginning in fiscal year 2007 and thereafter, reimbursement for security services and related equipment and supplies
provided in support of general aviation access to the Ronald Reagan
Washington National Airport shall be credited to this appropriation
and shall be available until expended solely for those purposes: Pro-
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10
vided further, That none of the funds in this Act shall be used to
recruit or hire personnel into the Transportation Security Administration which would cause the agency to exceed a staffing level of
45,000 full-time equivalent screeners.
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $37,200,000, to remain available until September 30, 2008.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
For necessary expenses for the development and implementation
of screening programs of the Office of Transportation Threat Assessment and Credentialing, $39,700,000, to remain available until
September 30, 2008.
TRANSPORTATION SECURITY SUPPORT
For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note),
$525,283,000, to remain available until September 30, 2008: Provided, That of the funds appropriated under this heading,
$5,000,000 may not be obligated until the Secretary of Homeland
Security submits to the Committees on Appropriations of the Senate
and the House of Representatives a detailed expenditure plan for explosive detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 2007: Provided
further, That this plan shall be submitted no later than 60 days
after the date of enactment of this Act.
FEDERAL AIR MARSHALS
For necessary
$714,294,000.
expenses
of
the
Federal
Air
Marshals,
UNITED STATES COAST GUARD
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OPERATING EXPENSES
For necessary expenses for the operation and maintenance of the
United States Coast Guard not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which shall be
for replacement only; payments pursuant to section 156 of Public
Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $5,477,657,000, of which $340,000,000 shall be for defenserelated activities; of which $24,255,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5));
and of which not to exceed $10,000 shall be for official reception
and representation expenses: Provided, That none of the funds made
available by this or any other Act shall be available for administrative expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds made available by this Act shall be for expenses incurred for yacht documentation under section 12109 of title 46, United States Code, except to
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11
the extent fees are collected from yacht owners and credited to this
appropriation: Provided further, That not to exceed five percent of
this appropriation may be transferred to the ‘‘Acquisition, Construction, and Improvements’’ appropriation for personnel compensation
and benefits and related costs to adjust personnel assignment to accelerate management and oversight of new or existing projects without detrimentally affecting the management and oversight of other
projects: Provided further, That the amount made available for
‘‘Personnel, Compensation, and Benefits’’ in the ‘‘Acquisition, Construction, and Improvements’’ appropriation shall not be increased
by more than 10 percent by such transfers: Provided further, That
the Committees on Appropriations of the Senate and the House of
Representatives shall be notified of each transfer within 30 days
after it is executed by the Treasury.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental compliance and restoration functions of the United States Coast Guard
under chapter 19 of title 14, United States Code, $10,880,000, to remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program;
personnel and training costs; and equipment and services;
$122,448,000.
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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law; $1,330,245,000, of which $19,800,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $26,550,000 shall be available until
September 30, 2011, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $15,000,000 shall be
available until September 30, 2011, to increase aviation capability;
of which $119,823,000 shall be available until September 30, 2009,
for other equipment; of which $22,000,000 shall be available until
September 30, 2009, for shore facilities and aids to navigation facilities; of which $81,000,000 shall be available for personnel compensation and benefits and related costs; and of which
$1,065,872,000 shall be available until September 30, 2011, for the
Integrated Deepwater Systems program: Provided, That the Commandant of the Coast Guard is authorized to dispose of surplus real
property, by sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and shall be available until
September 30, 2009: Provided further, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, in conjunction with
the President’s fiscal year 2008 budget, a review of the Revised
Deepwater Implementation Plan that identifies any changes to the
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plan for the fiscal year; an annual performance comparison of Deepwater assets to pre-Deepwater legacy assets; a status report of legacy
assets; a detailed explanation of how the costs of legacy assets are
being accounted for within the Deepwater program; a description of
how the Coast Guard is planning for the human resource needs of
Deepwater assets; a description of the competitive process conducted
in all contracts and subcontracts exceeding $5,000,000 within the
Deepwater program; and the earned value management system gold
card data for each Deepwater asset: Provided further, That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a comprehensive review of the
Revised Deepwater Implementation Plan every five years, beginning
in fiscal year 2011, that includes a complete projection of the acquisition costs and schedule for the duration of the plan through fiscal
year 2027: Provided further, That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the
House of Representatives, at the time that the President’s budget is
submitted under section 1105(a) of title 31, United States Code, a
future-years capital investment plan for the Coast Guard that identifies for each capital budget line item—
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the next
five fiscal years or until project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent
to the maximum extent practicable with proposed appropriations
necessary to support the programs, projects, and activities of the
Coast Guard in the President’s budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital investment
plan and proposed appropriations shall be identified and justified:
Provided further, That of the amount provided under this heading,
$175,800,000 is designated as described in section 520 of this Act.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33
U.S.C. 516), $16,000,000, to remain available until expended.
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RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by
law; $17,000,000, to remain available until expended, of which
$495,000 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation funds re-
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ceived from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National
Defense Authorization Act, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10, United
States Code, $1,063,323,000.
UNITED STATES SECRET SERVICE
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PROTECTION, ADMINISTRATION, AND TRAINING
For necessary expenses of the United States Secret Service, including purchase of not to exceed 755 vehicles for police-type use, of
which 624 shall be for replacement only, and hire of passenger
motor vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings
in the District of Columbia, and fencing, lighting, guard booths,
and other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees where a protective assignment during the actual day or days of
the visit of a protectee requires an employee to work 16 hours per
day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of United
States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research
and development; grants to conduct behavioral research in support
of protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protective functions; $961,779,000, of which not to exceed $25,000 shall be
for official reception and representation expenses: Provided, That up
to $18,000,000 provided for protective travel shall remain available
until September 30, 2008: Provided further, That up to $18,400,000
for candidate nominee protection shall remain available until September 30, 2009: Provided further, That up to $1,000,000 for National Special Security Events shall remain available until expended: Provided further, That of the total amount provided under
this heading, $2,000,000 shall not be available for obligation until
the Director of the Secret Service submits a comprehensive workload
re-balancing report to the Committees on Appropriations of the Senate and the House of Representatives that includes funding and position requirements for current investigative and protective operations: Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 of title 5,
United States Code, receiving training sponsored by the James J.
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Rowley Training Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available
under this heading at the end of the fiscal year.
INVESTIGATIONS AND FIELD OPERATIONS
For necessary expenses for investigations and field operations of
the United States Secret Service, not otherwise provided for, including costs related to office space and services of expert witnesses at
such rate as may be determined by the Director of the Secret Service, $311,154,000; of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,366,000
shall be for forensic and related support of investigations of missing
and exploited children; and of which $6,000,000 shall be a grant for
activities related to the investigations of missing and exploited children and shall remain available until expended.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities, $3,725,000, to remain available until expended: Provided, That of the total amount provided
under this heading, $500,000 shall not be available for obligation
until the Director of the Secret Service submits a revised master
plan to the Committees on Appropriations of the Senate and the
House of Representatives for the James J. Rowley Training Center.
TITLE III
PREPAREDNESS AND RECOVERY
PREPAREDNESS
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MANAGEMENT
AND
ADMINISTRATION
For salaries and expenses of the immediate Office of the Under
Secretary for Preparedness, the Office of the Chief Medical Officer,
and the Office of National Capital Region Coordination,
$30,572,000, of which no less than $2,741,000 may be used for the
Office of National Capital Region Coordination, and of which
$6,459,000 shall be for the National Preparedness Integration Program: Provided, That none of the funds made available under this
heading may be obligated for the National Preparedness Integration
Program until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security: Provided further, That not to exceed $7,000 shall be for official reception and
representation expenses: Provided further, That for purposes of
planning, coordination and execution of mass evacuation during a
disaster, the Governors of the State of West Virginia and the Commonwealth of Pennsylvania, or their designees, shall be included in
efforts to integrate the activities of Federal, State, and local governments in the National Capital Region, as defined in section 882 of
Public Law 107–296, the Homeland Security Act of 2002.
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OFFICE
OF
GRANTS
AND
TRAINING
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STATE AND LOCAL PROGRAMS
For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism
prevention activities, notwithstanding any other provision of law,
$2,531,000,000, which shall be allocated as follows:
(1)
$525,000,000
for
formula-based
grants
and
$375,000,000 for law enforcement terrorism prevention grants
pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C.
3714): Provided, That the application for grants shall be made
available to States within 45 days after the date of enactment
of this Act; that States shall submit applications within 90 days
after the grant announcement; and the Office of Grants and
Training shall act within 90 days after receipt of an application: Provided further, That not less than 80 percent of any
grant under this paragraph to a State shall be made available
by the State to local governments within 60 days after the receipt of the funds; except in the case of Puerto Rico, where not
less than 50 percent of any grant under this paragraph shall
be made available to local governments within 60 days after the
receipt of the funds.
(2) $1,229,000,000 for discretionary grants, as determined
by the Secretary of Homeland Security, of which—
(A) $770,000,000 shall be for use in high-threat, highdensity urban areas: Provided, That not later than September 30, 2007, the Secretary shall distribute any
unallocated funds made available for assistance to organizations (as described under section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code) determined by the Secretary to be at
high-risk of international terrorist attack under title III of
the Department of Homeland Security Appropriations Act,
2006 under the heading ‘‘Office for Domestic Preparedness—State and Local Programs’’ (Public Law 109–90; 119
Stat. 2075) in paragraph (2)(A): Provided further, That applicants shall identify for the Secretary’s consideration
prior threats or attacks (within or outside the United
States) by a terrorist organization, network, or cell against
an organization described in the previous proviso, and the
Secretary shall consider prior threats or attacks (within or
outside the United States) against like organizations when
determining risk: Provided further, That the Secretary
shall notify the Committees on Appropriations of the Senate
and the House of Representatives the high risk or potential
high risk to each designated tax exempt grantee at least five
full business days in advance of the announcement of any
grant award;
(B) $210,000,000 shall be for port security grants pursuant to the purposes of section 70107(a) through (h) of title
46, United States Code, which shall be awarded based on
risk notwithstanding subsection (a), for eligible costs as described in subsections (b)(2) through (4);
(C) $12,000,000 shall be for trucking industry security
grants;
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16
(D) $12,000,000 shall be for intercity bus security
grants;
(E) $175,000,000 shall be for intercity rail passenger
transportation (as defined in section 24102 of title 49,
United States Code), freight rail, and transit security
grants; and
(F) $50,000,000 shall be for buffer zone protection
grants:
Provided, That for grants under subparagraph (A), the application for grants shall be made available to States within 45 days
after the date of enactment of this Act; that States shall submit
applications within 90 days after the grant announcement; and
that the Office of Grants and Training shall act within 90 days
after receipt of an application: Provided further, That no less
than 80 percent of any grant under this paragraph to a State
shall be made available by the State to local governments within 60 days after the receipt of the funds: Provided further, That
for grants under subparagraphs (B) through (F), the applications for such grants shall be made available to eligible applicants not later than 75 days after the date of enactment of this
Act, eligible applicants shall submit applications not later than
45 days after the date of the grant announcement, and the Office of Grants and Training shall act on such applications not
later than 60 days after the date on which such an application
is received.
(3) $50,000,000 shall be available for the Commercial
Equipment Direct Assistance Program.
(4) $352,000,000 for training, exercises, technical assistance, and other programs:
Provided, That none of the grants provided under this heading
shall be used for the construction or renovation of facilities, except
for a minor perimeter security project, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided further, That the preceding proviso shall not apply to grants
under subparagraphs (B), (E), and (F) of paragraph (2) of this
heading: Provided further, That grantees shall provide additional
reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided further, That funds appropriated for law enforcement terrorism prevention grants under paragraph (1) of this heading and discretionary grants under paragraph
(2)(A) of this heading shall be available for operational costs, to include personnel overtime and overtime associated with the Office of
Grants and Training certified training, as needed: Provided further,
That the Government Accountability Office shall report on the validity, relevance, reliability, timeliness, and availability of the risk factors (including threat, vulnerability, and consequence) used by the
Secretary for the purpose of allocating discretionary grants funded
under this heading, and the application of those factors in the allocation of funds to the Committees on Appropriations of the Senate
and the House of Representatives on its findings not later than 45
days after the date of enactment of this Act: Provided further, That
within seven days after the date of enactment of this Act, the Secretary shall provide the Government Accountability Office with the
risk methodology and other factors that will be used to allocate discretionary grants funded under this heading.
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FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$662,000,000, of which $547,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $115,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2008: Provided, That not to
exceed five percent of this amount shall be available for program
administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $200,000,000: Provided, That total administrative costs shall not exceed three percent
of the total appropriation.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2007, as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology for assessment and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including administrative
costs of collecting such fees: Provided further, That fees received
under this heading shall be deposited in this account as offsetting
collections and will become available for authorized purposes on October 1, 2007, and remain available until expended.
UNITED STATES FIRE ADMINISTRATION
AND
TRAINING
For necessary expenses of the United States Fire Administration
and for other purposes, as authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), $46,849,000.
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INFRASTRUCTURE PROTECTION
AND INFORMATION
SECURITY
For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of
the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$547,633,000, of which $470,633,000 shall remain available until
September 30, 2008: Provided, That of the amount made available
under this heading, $10,000,000 may not be obligated until the Secretary submits to the Committees on Appropriations of the Senate
and House of Representatives the report required in House Report
109–241 accompanying the Department of Homeland Security Appropriations Act, 2006 (Public Law 109–90) on Department of
Homeland Security resources necessary to implement mandatory se-
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18
curity requirements for the Nation’s chemical sector and to create a
system for auditing and ensuring compliance with the security
standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
ADMINISTRATIVE
AND
REGIONAL OPERATIONS
For necessary expenses for administrative and regional operations, $282,000,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3
of 1978 (5 U.S.C. App.), and the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.): Provided, That not to exceed $3,000 shall be for
official reception and representation expenses.
READINESS, MITIGATION, RESPONSE,
AND
RECOVERY
For necessary expenses for readiness, mitigation, response, and
recovery activities, $244,000,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950
(50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No.
3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.): Provided, That of the total amount made
available under this heading, $25,000,000 shall be for Urban
Search and Rescue Teams, of which not to exceed $1,600,000 may
be made available for administrative costs.
PUBLIC HEALTH PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $33,885,000: Provided, That the total amount appropriated and, notwithstanding
any other provision of law, the functions, personnel, assets, and liabilities of the National Disaster Medical System established under
section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–
11(b)), including any functions of the Secretary of Homeland Security relating to such System, shall be permanently transferred to the
Secretary of the Department of Health and Human Services effective
January 1, 2007.
DISASTER RELIEF
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $1,500,000,000, to remain available until expended: Provided,
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That of the total amount provided, not to exceed $13,500,000 shall
be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to natural disasters subject to section 503 of this Act.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan program, as authorized by section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$569,000: Provided, That gross obligations for the principal amount
of direct loans shall not exceed $25,000,000: Provided further, That
the cost of modifying such loans shall be as defined in section 502
of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
FLOOD MAP MODERNIZATION FUND
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $198,980,000, and
such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until
expended: Provided, That total administrative costs shall not exceed
three percent of the total appropriation.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001 et seq.), $128,588,000, which is available as
follows: (1) not to exceed $38,230,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2)
not to exceed $90,358,000 for flood hazard mitigation which shall
be derived from offsetting collections assessed and collected under
section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), to remain available until September 30, 2008, including up to $31,000,000 for flood mitigation expenses under section
1366 of that Act, which amount shall be available for transfer to the
National Flood Mitigation Fund until September 30, 2008: Provided, That in fiscal year 2007, no funds shall be available from the
National Flood Insurance Fund in excess of: (1) $70,000,000 for operating expenses; (2) $692,999,000 for commissions and taxes of
agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $50,000,000 for flood mitigation actions with respect to severe repetitive loss properties under section 1361A of that
Act (42 U.S.C. 4102a) and repetitive insurance claims properties
under section 1323 of that Act (42 U.S.C. 4030), which shall remain
available until expended: Provided further, That total administrative costs shall not exceed three percent of the total appropriation.
NATIONAL FLOOD MITIGATION FUND
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(INCLUDING TRANSFER OF FUNDS)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National Flood In-
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20
surance Act of 1968 (42 U.S.C. 4104c), $31,000,000, to remain
available until September 30, 2008, for activities designed to reduce
the risk of flood damage to structures pursuant to such Act, of
which $31,000,000 shall be derived from the National Flood Insurance Fund.
NATIONAL PREDISASTER MITIGATION FUND
For a predisaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.), $100,000,000, to remain available until expended: Provided, That grants made for predisaster mitigation
shall be awarded on a competitive basis subject to the criteria in
section 203(g) of such Act (42 U.S.C. 5133(g)): Provided further,
That total administrative costs shall not exceed three percent of the
total appropriation.
EMERGENCY FOOD
AND
SHELTER
To carry out an emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $151,470,000, to remain available until expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total appropriation.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
UNITED STATES CITIZENSHIP
AND IMMIGRATION
SERVICES
For necessary expenses for citizenship and immigration services,
$181,990,000, of which $93,500,000 is available until expended:
Provided, That $47,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a strategic transformation plan for United
States Citizenship and Immigration Services that has been reviewed
and approved by the Secretary of Homeland Security and reviewed
by the Government Accountability Office.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
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SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones
for official duties; and services as authorized by section 3109 of title
5, United States Code; $211,033,000, of which up to $43,910,000 for
materials and support costs of Federal law enforcement basic training shall remain available until September 30, 2008; of which
$300,000 shall remain available until expended for Federal law en-
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21
forcement agencies participating in training accreditation, to be distributed as determined by the Federal Law Enforcement Training
Center for the needs of participating agencies; and of which not to
exceed $12,000 shall be for official reception and representation expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year: Provided further, That section 1202(a)
of Public Law 107–206 (42 U.S.C. 3771 note) is amended by striking ‘‘5 years after the date of the enactment of this Act’’ and inserting ‘‘December 31, 2007’’, and by striking ‘‘250’’ and inserting ‘‘350’’.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training Center, $64,246,000, to remain available until expended: Provided, That
of the amount provided under this heading, $22,000,000 is designated as described in section 520 of this Act: Provided further,
That the Center is authorized to accept reimbursement to this appropriation from government agencies requesting the construction of
special use facilities.
SCIENCE
AND
TECHNOLOGY
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under Secretary
for Science and Technology and for management and administration of programs and activities, as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $135,000,000:
Provided, That of the amount provided under this heading,
$60,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and
approve an expenditure plan by program, project, and activity; with
a detailed breakdown and justification of the management and administrative costs for each; prepared by the Secretary of Homeland
Security that has been reviewed by the Government Accountability
Office: Provided further, That the expenditure plan shall describe
the method utilized to derive administration costs in fiscal year
2006 and the fiscal year 2007 budget request: Provided further,
That not to exceed $3,000 shall be for official reception and representation expenses.
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RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research, including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); and the purchase or lease of not to exceed five vehicles, $838,109,000, to remain
available until expended: Provided, That of the amounts made
available under this heading, $50,000,000 may not be obligated
until the Committees on Appropriations of the Senate and the House
of Representatives receive and approve a report prepared by the
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Under Secretary of Science and Technology that describes the
progress to address financial management deficiencies, improve its
management controls, and implement performance measures and
evaluations.
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection Office and for management and administration of programs and activities, $30,468,000: Provided, That no funds will be made available for the reimbursement of individuals from other Federal agencies or organizations in fiscal year 2009: Provided further, That not
to exceed $3,000 shall be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation and operations, $272,500,000, to
remain available until expended: Provided, That of the amount provided under this heading, $15,000,000 shall not be obligated until
the Secretary of Homeland Security provides notification to the
Committees on Appropriations of the Senate and the House of Representatives that the Domestic Nuclear Detection Office has entered
into a Memorandum of Understanding with each Federal entity and
organization: Provided further, That each Memorandum of Understanding shall include a description of the role, responsibilities, and
resource commitment of each Federal entity or organization for the
global architecture.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance
with the global nuclear detection architecture, $178,000,000, to remain available until September 30, 2009; and of which no less than
$143,000,000 shall be for radiation portal monitors; and of which
not to exceed $5,000,000 shall be for the Surge program: Provided,
That none of the funds appropriated under this heading shall be obligated for full scale procurement of Advanced Spectroscopic Portal
Monitors until the Secretary of Homeland Security has certified
through a report to the Committees on Appropriations of the Senate
and the House of Representatives that a significant increase in operational effectiveness will be achieved.
TITLE V
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GENERAL PROVISIONS
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for
such activities established pursuant to this Act: Provided, That bal-
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ances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or transferred to
the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2007, or provided from any accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of
funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds for any program, project, or
activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or House of
Representatives for a different purpose; or (5) contracts out any
function or activity for which funds have been appropriated for Federal full-time equivalent positions; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2007, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities
through a reprogramming of funds in excess of $5,000,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10
percent as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a change
in existing programs, projects, or activities as approved by the Congress; unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased by
more than 10 percent by such transfers: Provided, That any transfer
under this section shall be treated as a reprogramming of funds
under subsection (b) of this section and shall not be available for
obligation unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in advance
of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances
which imminently threaten the safety of human life or the protection
of property.
SEC. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to
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make payments to the ‘‘Department of Homeland Security Working
Capital Fund’’, except for the activities and amounts allowed in the
President’s fiscal year 2007 budget, excluding sedan service, shuttle
service, transit subsidy, mail operations, parking, and competitive
sourcing: Provided, That any additional activities and amounts
shall be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days in advance of obligation.
SEC. 505. Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2007 from appropriations for salaries and expenses for fiscal year 2007 in this Act shall remain available
through September 30, 2008, in the account and for the purposes for
which the appropriations were provided: Provided, That prior to the
obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 414) during fiscal year 2007 until the enactment of an Act
authorizing intelligence activities for fiscal year 2007.
SEC. 507. The Federal Law Enforcement Training Center shall
lead the Federal law enforcement training accreditation process, to
include representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
SEC. 508. None of the funds in this Act may be used to make
a grant allocation, discretionary grant award, discretionary contract
award, or to issue a letter of intent totaling in excess of $1,000,000,
or to announce publicly the intention to make such an award, unless the Secretary of Homeland Security notifies the Committees on
Appropriations of the Senate and the House of Representatives at
least three full business days in advance: Provided, That no notification shall involve funds that are not available for obligation: Provided further, That the Office of Grants and Training shall brief the
Committees on Appropriations of the Senate and the House of Representatives five full business days in advance of announcing publicly the intention of making an award of formula-based grants; law
enforcement terrorism prevention grants; or high-threat, high-density urban areas grants.
SEC. 509. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training
which cannot be accommodated in existing Center facilities.
SEC. 510. The Director of the Federal Law Enforcement Training Center shall schedule basic and/or advanced law enforcement
training at all four training facilities under the control of the Fed-
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eral Law Enforcement Training Center to ensure that these training
centers are operated at the highest capacity throughout the fiscal
year.
SEC. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has
not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
SEC. 513. Notwithstanding any other provision of law, the authority of the Office of Personnel Management to conduct personnel
security and suitability background investigations, update investigations, and periodic reinvestigations of applicants for, or appointees in, positions in the Office of the Secretary and Executive
Management, the Office of the Under Secretary for Management,
Analysis and Operations, Immigration and Customs Enforcement,
the Directorate for Preparedness, and the Directorate of Science and
Technology of the Department of Homeland Security is transferred
to the Department of Homeland Security: Provided, That on request
of the Department of Homeland Security, the Office of Personnel
Management shall cooperate with and assist the Department in any
investigation or reinvestigation under this section: Provided further,
That this section shall cease to be effective at such time as the President has selected a single agency to conduct security clearance investigations pursuant to section 3001(c) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108–458; 50
U.S.C. 435b) and the entity selected pursuant to section 3001(b) of
such Act has reported to Congress that the agency selected pursuant
to such section 3001(c) is capable of conducting all necessary investigations in a timely manner or has authorized the entities within
the Department of Homeland Security covered by this section to conduct their own investigations pursuant to section 3001 of such Act.
SEC. 514. (a) None of the funds provided by this or previous appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program or any
other follow on or successor passenger prescreening program, until
the Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations
of the Senate and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of section
522(a) of Public Law 108–334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted
within 90 days after the Secretary provides the requisite certification, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have
been successfully met.
(c) Within 90 days of enactment of this Act, the Secretary shall
submit to the Committees on Appropriations of the Senate and the
House of Representatives a detailed plan that describes (1) the dates
for achieving key milestones, including the date or timeframes that
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the Secretary will certify the program under subsection (a); and (2)
the methodology to be followed to support the Secretary’s certification, as required under subsection (a).
(d) During the testing phase permitted by subsection (a), no information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in instances where passenger names are matched to a Government watch
list.
(e) None of the funds provided in this or previous appropriations Acts may be utilized to develop or test algorithms assigning
risk to passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or previous appropriations Acts may be utilized for data or a database that is obtained
from or remains under the control of a non-Federal entity: Provided,
That this restriction shall not apply to Passenger Name Record data
obtained from air carriers.
SEC. 515. None of the funds made available in this Act may be
used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 516. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 1,
2004, by employees (including employees serving on a temporary or
term basis) of United States Citizenship and Immigration Services
of the Department of Homeland Security who are known as of that
date as Immigration Information Officers, Contact Representatives,
or Investigative Assistants.
SEC. 517. (a) None of the funds appropriated to the United
States Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided,
That the Director of the United States Secret Service may enter into
an agreement to perform such service on a fully reimbursable basis.
(b) Beginning in fiscal year 2008, none of the funds appropriated by this or any other Act to the United States Secret Service
shall be made available for the protection of a person, other than
persons granted protection under section 3056(a) of title 18, United
States Code, and the Secretary of Homeland Security: Provided,
That the Director of the United States Secret Service may enter into
an agreement to perform such protection on a fully reimbursable
basis for protectees not designated under section 3056(a) of title 18,
United States Code.
SEC. 518. The Secretary of Homeland Security, in consultation
with industry stakeholders, shall develop standards and protocols
for increasing the use of explosive detection equipment to screen air
cargo when appropriate.
SEC. 519. (a) The Secretary of Homeland Security is directed to
research, develop, and procure new technologies to inspect and
screen air cargo carried on passenger aircraft at the earliest date
possible.
(b) Existing checked baggage explosive detection equipment and
screeners shall be utilized to screen air cargo carried on passenger
aircraft to the greatest extent practicable at each airport until technologies developed under subsection (a) are available.
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(c) The Transportation Security Administration shall report air
cargo inspection statistics quarterly to the Committees on Appropriations of the Senate and the House of Representatives, by airport
and air carrier, within 45 days after the end of the quarter including any reason for non-compliance with the second proviso of section
513 of the Department of Homeland Security Appropriations Act,
2005 (Public Law 108–334, 118 Stat. 1317).
SEC. 520. For purposes of this Act, any designation referring to
this section is the designation of an amount as making appropriations for contingency operations directly related to the global war on
terrorism, and other unanticipated defense-related operations, pursuant to section 402 of H. Con. Res. 376 (109th Congress) as made
applicable to the House of Representatives by H. Res. 818 (109th
Congress), and as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress) as made applicable to the
Senate by section 7035 of Public Law 109–234.
SEC. 521. (a) RESCISSION.—From the unexpended balances of
the United States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ account specifically identified in the Joint Explanatory
Statement (House Report 109–241) accompanying Public Law 109–
90 for the Fast Response Cutter, the service life extension program
of the current 110-foot Island Class patrol boat fleet, and accelerated design and production of the Fast Response Cutter,
$78,693,508 are rescinded.
(b) ADDITIONAL APPROPRIATION.—For necessary expenses of the
United States Coast Guard for ‘‘Acquisition, Construction, and Improvements’’, there is appropriated an additional $78,693,508, to remain available until September 30, 2009, for the service life extension program of the current 110-foot Island Class patrol boat fleet
and the acquisition of traditional patrol boats (‘‘parent craft’’).
SEC. 522. None of the funds made available in this Act may be
used by any person other than the Privacy Officer appointed under
section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to
alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of
such section.
SEC. 523. No funding provided by this or previous appropriation Acts shall be available to pay the salary of any employee serving as a contracting officer’s technical representative (COTR), or
anyone acting in a similar or like capacity, who has not received
COTR training.
SEC. 524. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ in fiscal years 2004,
2005, and 2006 that are recovered or deobligated shall be available
only for procurement and installation of explosive detection systems
for air cargo, baggage, and checkpoint screening systems, subject to
notification.
SEC. 525. (a) Within 30 days after enactment of this Act, the
Secretary of Homeland Security shall revise Department of Homeland Security (DHS) Management Directive (MD) 11056 to provide
for the following:
(1) That when a lawful request is made to publicly release
a document containing information designated as sensitive se-
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curity 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
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at issue in the case, provided that the overseeing judge enters an
order that protects the SSI from unauthorized or unnecessary disclosure and specifies the terms and conditions of access, unless upon
completion of a criminal history check and terrorist assessment like
that done for aviation workers on the persons seeking access to SSI,
or based on the sensitivity of the information, the Transportation
Security Administration or DHS demonstrates that such access to
the information for the proceeding presents a risk of harm to the nation: Provided, That notwithstanding any other provision of law, an
order granting access to SSI under this section shall be immediately
appealable to the United States Courts of Appeals, which shall have
plenary review over both the evidentiary finding and the sufficiency
of the order specifying the terms and conditions of access to the SSI
in question: Provided further, That notwithstanding any other provision of law, the Secretary may assess a civil penalty of up to
$50,000 for each violation of 49 CFR Part 1520 by persons provided
access to SSI under this provision.
SEC. 526. The Department of Homeland Security Working Capital Fund, established, pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations during fiscal
year 2007.
SEC. 527. RESCISSION. Of the unobligated balances from prior
year appropriations made available for the ‘‘Counterterrorism
Fund’’, $16,000,000 are rescinded.
SEC. 528. (a) The report required by Public Law 109–62 and
Public Law 109–90 detailing the allocation and obligation of funds
for ‘‘Disaster Relief’’ shall hereafter be submitted monthly and include: (1) status of the Disaster Relief Fund (DRF) including obligations, allocations, and amounts undistributed/unallocated; (2) allocations, obligations, and expenditures for Hurricanes Katrina, Rita,
and Wilma; (3) information on national flood insurance claims; (4)
information on manufactured housing data; (5) information on
hotel/motel data; (6) obligations, allocations and expenditures by
State for unemployment, crisis counseling, inspections, housing assistance, manufactured housing, public assistance and individual
assistance; (7) mission assignment obligations by agency, including
(i) the amounts reimbursed to other agencies that are in suspense
because FEMA has not yet reviewed and approved the documentation supporting the expenditure and (ii) a disclaimer if the amounts
of reported obligations and expenditures do not reflect the status of
such obligations and expenditures from a government-wide perspective; (8) the amount of credit card purchases by agency and mission
assignment; (9) specific reasons for all waivers granted and a description of each waiver; and (10) a list of all contracts that were
awarded on a sole source or limited competition basis, including the
dollar amount, the purpose of the contract and the reason for the
lack of competitive award.
(b) The Secretary of Homeland Security shall at least quarterly
obtain and report from agencies performing mission assignments
each such agency’s actual obligation and expenditure data.
(c) For any request for reimbursement from a Federal agency to
the Department of Homeland Security to cover expenditures under
the Stafford Act (42 U.S.C. § 5121 et seq.), or any mission assignment orders issued by the Department of Homeland Security for
such purposes, the Secretary of Homeland Security shall take appro-
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priate steps to ensure that each agency is periodically reminded of
Department of Homeland Security policies on—
(1) the detailed information required in supporting documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
SEC. 529. RESCISSION. Of the unobligated balances from prior
year appropriations made available for Science and Technology,
$125,000,000 from ‘‘Research, Development, Acquisition, and Operations’’ are rescinded.
SEC. 530. None of the funds made available in this Act may be
used to enforce section 4025(1) of Public Law 108–458 if the Assistant Secretary (Transportation Security Administration) determines
that butane lighters are not a significant threat to civil aviation security: Provided, That the Assistant Secretary (Transportation Security Administration) shall notify the Committees on Appropriations
of the Senate and the House of Representatives 15 days in advance
of such determination including a report on whether the effectiveness of screening operations is enhanced by suspending enforcement
of the prohibition.
SEC. 531. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and
the House of Representatives a monthly budget and staffing report
that includes total obligations and on-board versus funded full-time
equivalent staffing levels.
SEC. 532. (a) UNITED STATES SECRET SERVICE USE OF PROCEEDS DERIVED FROM CRIMINAL INVESTIGATIONS.—During fiscal
year 2007, with respect to any undercover investigative operation of
the United States Secret Service (hereafter referred to in this section
as the ‘‘Secret Service’’) that is necessary for the detection and prosecution of crimes against the United States—
(1) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years, may be
used for purchasing property, buildings, and other facilities,
and for leasing space, within the United States, the District of
Columbia, and the territories and possessions of the United
States, without regard to sections 1341 and 3324 of title 31,
United States Code, section 8141 of title 40, United States Code,
sections 3732(a) and 3741 of the Revised Statutes of the United
States (41 U.S.C. 11(a) and 22), and sections 304(a) and 305
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C 254(a) and 255);
(2) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years, may be
used to establish or to acquire proprietary corporations or business entities as part of such undercover operation, and to operate such corporations or business entities on a commercial
basis, without regard to sections 9102 and 9103 of title 31,
United States Code;
(3) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years and the
proceeds from such undercover operation, may be deposited in
banks or other financial institutions, without regard to section
648 of title 18, and section 3302 of title 31, United States Code;
and
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(4) proceeds from such undercover operation may be used
to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31, United States
Code.
(b) WRITTEN CERTIFICATION.—The authority set forth in subsection (a) may be exercised only upon the written certification of the
Director of the Secret Service or designee that any action authorized
by any paragraph of such subsection is necessary for the conduct of
an undercover investigative operation. Such certification shall continue in effect for the duration of such operation, without regard to
fiscal years.
(c) DEPOSIT OF PROCEEDS IN TREASURY.—As soon as practicable after the proceeds from an undercover investigative operation
with respect to which an action is authorized and carried out under
paragraphs (3) and (4) of subsection (a) are no longer necessary for
the conduct of such operation, such proceeds or the balance of such
proceeds remaining at the time shall be deposited in the Treasury
of the United States as miscellaneous receipts.
(d) REPORTING AND DEPOSIT OF PROCEEDS UPON DISPOSITION
OF CERTAIN BUSINESS ENTITIES.—If a corporation or business entity established or acquired as part of an undercover investigative operation under paragraph (2) of subsection (a) with a net value of
over $50,000 is to be liquidated, sold, or otherwise disposed of, the
Secret Service, as much in advance as the Director or designee determines is practicable, shall report the circumstance to the Secretary of Homeland Security. The proceeds of the liquidation, sale,
or other disposition, after obligations are met, shall be deposited in
the Treasury of the United States as miscellaneous receipts.
(e) FINANCIAL AUDITS AND REPORTS.—
(1) The Secret Service shall conduct detailed financial audits of closed undercover investigative operations for which a
written certification was made pursuant to subsection (b) on a
quarterly basis and shall report the results of the audits in
writing to the Secretary of Homeland Security.
(2) The Secretary of Homeland Security shall annually submit to the Committees on Appropriations of the Senate and
House of Representatives, at the time that the President’s budget is submitted under section 1105(a) of title 31, a summary of
such audits.
SEC. 533. The Director of the Domestic Nuclear Detection Office
shall operate extramural and intramural research, development,
demonstrations, testing and evaluation programs so as to distribute
funding through grants, cooperative agreements, other transactions
and contracts.
SEC. 534. Notwithstanding any other provision of law, the Secretary of Homeland Security shall consider the Hancock County
Port and Harbor Commission in Mississippi eligible under the Federal Emergency Management Agency Public Assistance Program for
all costs incurred for dredging from navigation channel in Little
Lake, Louisiana, sediment deposited as a result of Hurricane George
in 1998: Provided, That the appropriate Federal share shall apply
to approval of this project.
SEC. 535. None of the funds made available in this Act for
United States Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription
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drug (within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to individuals
transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be:
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 536. The Department of Homeland Security shall, in approving standards for State and local emergency preparedness operational plans under section 613(b)(3) of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5196b(b)(3)), account for the needs of individuals with household pets and service
animals before, during, and following a major disaster or emergency: Provided, That Federal agencies may provide assistance as
described in section 403(a) of the Robert T. Stafford Disaster and
Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry out the
plans described in the previous proviso.
SEC. 537. RESCISSION. From the unobligated balances from
prior year appropriations made available for Transportation Security Administration ‘‘Aviation Security’’ and ‘‘Headquarters Administration’’, $4,776,000 are rescinded.
SEC. 538. RESCISSION. From the unobligated balances from
prior year appropriations made available for Transportation Security Administration ‘‘Aviation Security’’, $61,936,000 are rescinded.
SEC. 539. RESCISSION. From the unexpended balances of the
United States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ account specifically identified in the Joint Explanatory
Statement (House Report 109–241) accompanying the Department of
Homeland Security Act, 2006 (Public Law 109–90) for the development of the Offshore Patrol Cutter, $20,000,000 are rescinded.
SEC. 540. RESCISSION. From the unexpended balances of the
United States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ account specifically identified in the Joint Explanatory
Statement (House Report 109–241) accompanying the Department of
Homeland Security Act, 2006 (Public Law 109–90) for the Automatic Identification System, $4,100,000 are rescinded.
SEC. 541. Notwithstanding the requirements of section
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, the Army Corps of Engineers may use Lot 19, Block
1 of the Meadowview Acres Addition and Lot 8, Block 5 of the
Meadowview Acres Addition in Augusta, Kansas, for building portions of the flood-control levee.
SEC. 542. Notwithstanding any time limitation established for
a grant awarded under title I, chapter 6, Public Law 106–31, in the
item relating to Federal Emergency Management Agency—Disaster
Assistance for Unmet Needs, the City of Cuero, Texas, may use
funds received under such grant program until September 30, 2007.
SEC. 543. None of the funds made available by this Act shall
be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of title
V of the National Energy Conservation Policy Act (42 U.S.C. 8251
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et seq.), or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby).
SEC. 544. The Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the
purpose of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
SEC. 545. None of the funds made available in this Act may be
used in contravention of section 303 of the Energy Policy Act of 1992
(42 U.S.C. 13212).
SEC. 546. Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185
note) is amended by striking from ‘‘(1) DEVELOPMENT OF PLAN.—
The Secretary’’ through ‘‘7208(k)).’’ and inserting the following:
‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTATION.—
‘‘(A) The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or combination of documents,
deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship, for all travel into
the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section
212(d)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)). This plan shall be implemented not
later than three months after the Secretary of State and the
Secretary of Homeland Security make the certifications required in subsection (B), or June 1, 2009, whichever is earlier. The plan shall seek to expedite the travel of frequent
travelers, including those who reside in border communities, and in doing so, shall make readily available a registered traveler program (as described in section 7208(k)).
‘‘(B) The Secretary of Homeland Security and the Secretary of State shall jointly certify to the Committees on Appropriations of the Senate and the House of Representatives
that the following criteria have been met prior to implementation of section 7209(b)(1)(A)—
‘‘(i) the National Institute of Standards and Technology certifies that the Departments of Homeland Security and State have selected a card architecture that
meets or exceeds International Organization for Standardization (ISO) security standards and meets or exceeds best available practices for protection of personal
identification documents: Provided, That the National
Institute of Standards and Technology shall also assist
the Departments of Homeland Security and State to incorporate into the architecture of the card the best
available practices to prevent the unauthorized use of
information on the card: Provided further, That to facilitate efficient cross-border travel, the Departments of
Homeland Security and State shall, to the maximum
extent possible, develop an architecture that is compatible with information technology systems and infrastructure used by United States Customs and Border
Protection;
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‘‘(ii) the technology to be used by the United States
for the passport card, and any subsequent change to
that technology, has been shared with the governments
of Canada and Mexico;
‘‘(iii) an agreement has been reached with the
United States Postal Service on the fee to be charged
individuals for the passport card, and a detailed justification has been submitted to the Committees on Appropriations of the Senate and the House of Representatives;
‘‘(iv) an alternative procedure has been developed
for groups of children traveling across an international
border under adult supervision with parental consent;
‘‘(v) the necessary technological infrastructure to
process the passport cards has been installed, and all
employees at ports of entry have been properly trained
in the use of the new technology;
‘‘(vi) the passport card has been made available for
the purpose of international travel by United States
citizens through land and sea ports of entry between
the United States and Canada, Mexico, the Caribbean
and Bermuda; and
‘‘(vii) a single implementation date for sea and
land borders has been established.’’.
SEC. 547. None of the funds made available in this Act may be
used to award any contract for major disaster or emergency assistance activities under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act except in accordance with section 307 of
such Act (42 U.S.C. 5150).
SEC. 548. None of the funds made available in the Act may be
used to reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics,
LLC (or both) for attorneys fees related to pending litigation against
Local 30 of the International Union of Operating Engineers.
SEC. 549. Notwithstanding any other provision of law, the acquisition management system of the Transportation Security Administration shall be subject to the provisions of the Small Business
Act (15 U.S.C. 631 et seq).
SEC. 550. (a) No later than six months after the date of enactment of this Act, the Secretary of Homeland Security shall issue interim final regulations establishing risk-based performance standards for security of chemical facilities and requiring vulnerability
assessments and the development and implementation of site security plans for chemical facilities: Provided, That such regulations
shall apply to chemical facilities that, in the discretion of the Secretary, present high levels of security risk: Provided further, That
such regulations shall permit each such facility, in developing and
implementing site security plans, to select layered security measures
that, in combination, appropriately address the vulnerability assessment and the risk-based performance standards for security for the
facility: Provided further, That the Secretary may not disapprove a
site security plan submitted under this section based on the presence
or absence of a particular security measure, but the Secretary may
disapprove a site security plan if the plan fails to satisfy the riskbased performance standards established by this section: Provided
further, That the Secretary may approve alternative security pro-
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grams 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)
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and opportunity for consultation, and issue an order to comply by
such date as the Secretary determines to be appropriate under the
circumstances: Provided, That if the owner or operator continues to
be in noncompliance, the Secretary may issue an order for the facility to cease operation, until the owner or operator complies with the
order.
SEC. 551. (a) CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.—Chapter 27 of title 18, United States Code, is amended by
adding at the end the following:
‘‘§ 554. Border tunnels and passages
‘‘(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country,
other than a lawfully authorized tunnel or passage known to the
Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement, shall be fined under this title
and imprisoned for not more than 20 years.
‘‘(b) Any person who knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a)
on land that the person owns or controls shall be fined under this
title and imprisoned for not more than 10 years.
‘‘(c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of
section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization
(as defined in section 2339B(g)(6)) shall be subject to a maximum
term of imprisonment that is twice the maximum term of 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:
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‘‘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;
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37
(C) account for any aggravating or mitigating circumstances that might justify exceptions, including—
(i) the use of a tunnel or passage described in subsection (a) of such section to facilitate other felonies;
and
(ii) the circumstances for which the sentencing
guidelines currently provide applicable sentencing enhancements;
(D) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(E) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(F) ensure that the sentencing guidelines adequately
meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code.
SEC. 552. The Secretary of Homeland Security may not take
any action to alter or reduce operations within the Civil Engineering Program of the Coast Guard nationwide, including the civil engineering units, facilities, design and construction centers, the Coast
Guard Academy, and the Coast Guard Research and Development
Center until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan on changes
to the Civil Engineering Program of the Coast Guard: Provided,
That the plan shall include a description of the current functions
of the Civil Engineering Program and a description of any proposed
modifications of such functions and of any proposed modification of
personnel and offices, including the rationale for such modification;
an assessment of the costs and benefits of such modification; any
proposed alternatives to such modification; and the processes utilized by the Coast Guard and the Office of Management and Budget
to analyze and assess such modification.
SEC. 553. None of the funds made available by this Act may be
used to take an action that would violate Executive Order 13149 (65
Fed. Reg. 24607; relating to greening the government through Federal fleet and transportation efficiency).
SEC. 554. (a) The Transportation Security Administration shall
require each air carrier and foreign air carrier that provides air
transportation or intrastate air transportation to submit plans to
the Transportation Security Administration on how such air carrier
will participate in the voluntary provision of emergency services program established by section 44944(a) of title 49, United States Code.
(b)(1) Not more than 90 days after the date of the enactment of
this Act, the Transportation Security Administration shall prepare
a report that contains the following:
(A) Procedures that qualified individuals need to follow in
order to participate in the program described in subsection (a).
(B) Relevant contacts for individuals interested in participating in the program described in subsection (a).
(2) The Transportation Security Administration shall make the
report required by paragraph (1) available, by Internet web site or
other appropriate method, to the following:
(A) The Congress.
(B) The emergency response agency of each State.
(C) The relevant organizations representing individuals to
participate in the program.
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SEC. 555. Not later than 90 days after the date of enactment of
this Act, the Director of the Federal Emergency Management Agency
in conjunction with the Director of the National Institute of Standards and Technology shall submit a report to the Committees on
Appropriations of the Senate and the House of Representatives outlining Federal earthquake response plans for high-risk earthquake
regions in the United States as determined by the United States Geological Survey.
SEC. 556. Not later than six months after the date of enactment
of this Act, the Secretary of Homeland Security shall establish revised procedures for expeditiously clearing individuals whose names
have been mistakenly placed on a terrorist database list or who
have names identical or similar to individuals on a terrorist database list. The Secretary shall advise Congress of the procedures established.
SEC. 557. Title VII of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5201) is amended by adding
at the end the following:
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‘‘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.
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‘‘(2) REMEDIES.—In addition to any existing remedy in law
or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may
bring an action for return of such firearm in the United States
district court in the district in which that individual resides or
in which such firearm may be found.
‘‘(3) ATTORNEY FEES.—In any action or proceeding to enforce this section, the court shall award the prevailing party,
other than the United States, a reasonable attorney’s fee as part
of the costs.’’.
SEC. 558. PILOT INTEGRATED SCANNING SYSTEM. (a) DESIGNATIONS.—
(1) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
(referred to in this section as the ‘‘Secretary’’) shall designate
three foreign seaports through which containers pass or are
transshipped to the United States to pilot an integrated scanning system that couples nonintrusive imaging equipment and
radiation detection equipment, which may be provided by the
Megaports Initiative of the Department of Energy. In making
designations under this subsection, the Secretary shall consider
three distinct ports with unique features and differing levels of
trade volume.
(2) COLLABORATION AND COOPERATION.—The Secretary
shall collaborate with the Secretary of Energy and cooperate
with the private sector and host foreign government to implement the pilot program under this subsection.
(b) IMPLEMENTATION.—Not later than one year after the date of
the enactment of this Act, the Secretary shall achieve a full-scale implementation of the pilot integrated screening system, which shall—
(1) scan all containers destined for the United States that
transit through the terminal;
(2) electronically transmit the images and information to
the container security initiative personnel in the host country
and/or Customs and Border Protection personnel in the United
States for evaluation and analysis;
(3) resolve every radiation alarm according to established
Department procedures;
(4) utilize the information collected to enhance the Automated Targeting System or other relevant programs; and
(5) store the information for later retrieval and analysis.
(c) EVALUATION.—The Secretary shall evaluate the pilot program in subsection (b) to determine whether such a system—
(1) has a sufficiently low false alarm rate for use in the
supply chain;
(2) is capable of being deployed and operated at ports overseas, including consideration of cost, personnel, and infrastructure required to operate the system;
(3) is capable of integrating, where necessary, with existing
systems;
(4) does not significantly impact trade capacity and flow of
cargo at foreign or United States ports; and
(5) provides an automated notification of questionable or
high-risk cargo as a trigger for further inspection by appropriately trained personnel.
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(d) REPORT.—Not later than 120 days after achieving full-scale
implementation under subsection (b), the Secretary, in consultation
with the Secretary of Energy and the Secretary of State, shall submit a report, to the appropriate congressional committees, that includes—
(1) an evaluation of the lessons derived from the pilot program implemented under this section;
(2) an analysis of the efficacy of the Automated Targeted
System or other relevant programs in utilizing the images captured to examine high-risk containers;
(3) an evaluation of software that is capable of automatically identifying potential anomalies in scanned containers; and
(4) a plan and schedule to expand the integrated scanning
system developed under this section to other container security
initiative ports.
(e) IMPLEMENTATION.—If the Secretary determines the available
technology meets the criteria outlined in subsection (c), the Secretary, in cooperation with the Secretary of State, shall seek to secure the cooperation of foreign governments to initiate and maximize the use of such technology at foreign ports to scan all cargo
bound for the United States as quickly as possible.
SEC. 559. (a) RESCISSION.—From the unexpended balances of
the United States Secret Service ‘‘Salaries and Expenses’’ account
specifically identified in the Joint Explanatory Statement (House
Report 109–241) accompanying the Department of Homeland Security Act, 2006 (Public Law 109–90) for National Special Security
Events, $2,500,000 are rescinded.
(b) ADDITIONAL APPROPRIATION.—For necessary expenses of the
United States Secret Service ‘‘Protection, Administration, and
Training’’, there is appropriated an additional $2,500,000, to remain available until expended for National Special Security Events.
SEC. 560. Transfer authority contained in section 505 of the
Homeland Security Act, as amended by title VI of this Act, shall be
used in accordance with the provisions of section 1531(a)(2) of title
31, United States Code.
TITLE VI—NATIONAL EMERGENCY
MANAGEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Post-Katrina Emergency Management Reform Act of 2006’’.
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SEC. 602. DEFINITIONS.
In this title—
(1) the term ‘‘Administrator’’ means the Administrator of
the Agency;
(2) the term ‘‘Agency’’ means the Federal Emergency Management Agency;
(3) the term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) those committees of the House of Representatives
that the Speaker of the House of Representatives determines
appropriate;
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(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.
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Subtitle A—Federal Emergency
Management Agency
SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT
AGENCY.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et
seq.) is amended—
(1) by striking the title heading and inserting the following:
‘‘TITLE V—NATIONAL EMERGENCY
MANAGEMENT’’;
(2) by striking section 501;
(3) by striking section 503;
(4) by striking section 507;
(5) by striking section 510 (relating to urban and other
high risk area communications capabilities);
(6) by redesignating sections 504, 505, 508, and 509 as sections 517, 518, 519, and 520, respectively;
(7) by redesignating section 510 (relating to procurement of
security countermeasures for the strategic national stockpile) as
section 521;
(8) by redesignating section 502 as section 504;
(9) by redesignating section 506 as section 502 and transferring that section to before section 504, as redesignated by
paragraph (8) of this section;
(10) by inserting before section 502, as redesignated and
transferred by paragraph (9) of this section, the following:
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‘‘SEC. 501. DEFINITIONS.
‘‘In this title—
‘‘(1) the term ‘Administrator’ means the Administrator of
the Agency;
‘‘(2) the term ‘Agency’ means the Federal Emergency Management Agency;
‘‘(3) the term ‘catastrophic incident’ means any natural disaster, act of terrorism, or other man-made disaster that results
in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;
‘‘(4) the term ‘Federal coordinating officer’ means a Federal
coordinating officer as described in section 302 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5143);
‘‘(5) the term ‘interoperable’ has the meaning given the term
‘interoperable communications’ under section 7303(g)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(g)(1));
‘‘(6) the term ‘National Incident Management System’
means a system to enable effective, efficient, and collaborative
incident management;
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‘‘(7) the term ‘National Response Plan’ means the National
Response Plan or any successor plan prepared under section
502(a)(6);
‘‘(8) the term ‘Regional Administrator’ means a Regional
Administrator appointed under section 507;
‘‘(9) the term ‘Regional Office’ means a Regional Office established under section 507;
‘‘(10) the term ‘surge capacity’ means the ability to rapidly
and substantially increase the provision of search and rescue
capabilities, food, water, medicine, shelter and housing, medical
care, evacuation capacity, staffing (including disaster assistance
employees), and other resources necessary to save lives and protect property during a catastrophic incident; and
‘‘(11) the term ‘tribal government’ means the government of
any entity described in section 2(10)(B).’’;
(11) by inserting after section 502, as redesignated and
transferred by paragraph (9) of this section, the following:
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‘‘SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.
‘‘(a) IN GENERAL.—There is in the Department
the Federal
Emergency Management Agency, headed by an Administrator.
‘‘(b) MISSION.—
‘‘(1) PRIMARY MISSION.—The primary mission of the Agency
is to reduce the loss of life and property and protect the Nation
from all hazards, including natural disasters, acts of terrorism,
and other man-made disasters, by leading and supporting the
Nation in a risk-based, comprehensive emergency management
system of preparedness, protection, response, recovery, and mitigation.
‘‘(2) SPECIFIC ACTIVITIES.—In support of the primary mission of the Agency, the Administrator shall—
‘‘(A) lead the Nation’s efforts to prepare for, protect
against, respond to, recover from, and mitigate against the
risk of natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents;
‘‘(B) partner with State, local, and tribal governments
and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full
measure of the Nation’s resources to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents;
‘‘(C) develop a Federal response capability that, when
necessary and appropriate, can act effectively and rapidly
to deliver assistance essential to saving lives or protecting
or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster;
‘‘(D) integrate the Agency’s emergency preparedness,
protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster;
‘‘(E) develop and maintain robust Regional Offices that
will work with State, local, and tribal governments, emergency response providers, and other appropriate entities to
identify and address regional priorities;
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‘‘(F) under the leadership of the Secretary, coordinate
with the Commandant of the Coast Guard, the Director of
Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations
Center, and other agencies and offices in the Department to
take full advantage of the substantial range of resources in
the Department;
‘‘(G) provide funding, training, exercises, technical assistance, planning, and other assistance to build tribal,
local, State, regional, and national capabilities (including
communications capabilities), necessary to respond to a
natural disaster, act of terrorism, or other man-made disaster; and
‘‘(H) develop and coordinate the implementation of a
risk-based, all-hazards strategy for preparedness that
builds those common capabilities necessary to respond to
natural disasters, acts of terrorism, and other man-made
disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the
greatest risk to our Nation.
‘‘(c) ADMINISTRATOR.—
‘‘(1) IN GENERAL.—The Administrator shall be appointed by
the President, by and with the advice and consent of the Senate.
‘‘(2) QUALIFICATIONS.—The Administrator shall be appointed from among individuals who have—
‘‘(A) a demonstrated ability in and knowledge of emergency management and homeland security; and
‘‘(B) not less than 5 years of executive leadership and
management experience in the public or private sector.
‘‘(3) REPORTING.—The Administrator shall report to the
Secretary, without being required to report through any other
official of the Department.
‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT.—
‘‘(A) IN GENERAL.—The Administrator is the principal
advisor to the President, the Homeland Security Council,
and the Secretary for all matters relating to emergency
management in the United States.
‘‘(B) ADVICE AND RECOMMENDATIONS.—
‘‘(i) IN GENERAL.—In presenting advice with respect
to any matter to the President, the Homeland Security
Council, or the Secretary, the Administrator shall, as
the Administrator considers appropriate, inform the
President, the Homeland Security Council, or the Secretary, as the case may be, of the range of emergency
preparedness, protection, response, recovery, and mitigation options with respect to that matter.
‘‘(ii) ADVICE ON REQUEST.—The Administrator, as
the principal advisor on emergency management, shall
provide advice to the President, the Homeland Security
Council, or the Secretary on a particular matter when
the President, the Homeland Security Council, or the
Secretary requests such advice.
‘‘(iii) RECOMMENDATIONS TO CONGRESS.—After informing the Secretary, the Administrator may make
such recommendations to Congress relating to emer-
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45
gency management as the Administrator considers appropriate.
‘‘(5) CABINET STATUS.—
‘‘(A) IN GENERAL.—The President may designate the
Administrator to serve as a member of the Cabinet in the
event of natural disasters, acts of terrorism, or other manmade disasters.
‘‘(B) RETENTION OF AUTHORITY.—Nothing in this paragraph shall be construed as affecting the authority of the
Secretary under this Act.’’;
(12) in section 504, as redesignated by paragraph (8) of this
section—
(A) in the section heading, by inserting ‘‘AUTHORITY
AND’’ before ‘‘RESPONSIBILITIES’’;
(B) by striking the matter preceding paragraph (1) and
inserting the following:
‘‘(a) IN GENERAL.—The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism,
or other man-made disaster, including—’’;
(C) in paragraph (6), by striking ‘‘and’’ at the end; and
(D) by striking paragraph (7) and inserting the following:
‘‘(7) helping ensure the acquisition of operable and interoperable communications capabilities by Federal, State, local,
and tribal governments and emergency response providers;
‘‘(8) assisting the President in carrying out the functions
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all functions and authorities given to the Administrator under that Act;
‘‘(9) carrying out the mission of the Agency to reduce the
loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a risk-based,
comprehensive emergency management system of—
‘‘(A) mitigation, by taking sustained actions to reduce
or eliminate long-term risks to people and property from
hazards and their effects;
‘‘(B) preparedness, by planning, training, and building
the emergency management profession to prepare effectively
for, mitigate against, respond to, and recover from any hazard;
‘‘(C) response, by conducting emergency operations to
save lives and property through positioning emergency
equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and
medical care to those in need, and through restoring critical public services; and
‘‘(D) recovery, by rebuilding communities so individuals, businesses, and governments can function on their
own, return to normal life, and protect against future hazards;
‘‘(10) increasing efficiencies, by coordinating efforts relating
to preparedness, protection, response, recovery, and mitigation;
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‘‘(11) helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other man-made disaster;
‘‘(12) supervising grant programs administered by the
Agency;
‘‘(13) administering and ensuring the implementation of the
National Response Plan, including coordinating and ensuring
the readiness of each emergency support function under the National Response Plan;
‘‘(14) coordinating with the National Advisory Council established under section 508;
‘‘(15) preparing and implementing the plans and programs
of the Federal Government for—
‘‘(A) continuity of operations;
‘‘(B) continuity of government; and
‘‘(C) continuity of plans;
‘‘(16) minimizing, to the extent practicable, overlapping
planning and reporting requirements applicable to State, local,
and tribal governments and the private sector;
‘‘(17) maintaining and operating within the Agency the National Response Coordination Center or its successor;
‘‘(18) developing a national emergency management system
that is capable of preparing for, protecting against, responding
to, recovering from, and mitigating against catastrophic incidents;
‘‘(19) assisting the President in carrying out the functions
under the national preparedness goal and the national preparedness system and carrying out all functions and authorities
of the Administrator under the national preparedness System;
‘‘(20) carrying out all authorities of the Federal Emergency
Management Agency and the Directorate of Preparedness of the
Department as transferred under section 505; and
‘‘(21) otherwise carrying out the mission of the Agency as
described in section 503(b).
‘‘(b) ALL-HAZARDS APPROACH.—In carrying out the responsibilities under this section, the Administrator shall coordinate the implementation of a risk-based, all-hazards strategy that builds those
common capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts
of terrorism, and other man-made disasters, while also building the
unique capabilities necessary to prepare for, protect against, respond
to, recover from, or mitigate against the risks of specific types of incidents that pose the greatest risk to the Nation.’’; and
(13) by inserting after section 504, as redesignated by paragraph (8) of this section, the following:
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‘‘SEC. 505. FUNCTIONS TRANSFERRED.
‘‘(a) IN GENERAL.—Except as provided
in subsection (b), there
are transferred to the Agency the following:
‘‘(1) All functions of the Federal Emergency Management
Agency, including existing responsibilities for emergency alert
systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities,
grant programs, and liabilities, and including the functions of
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the Under Secretary for Federal Emergency Management relating thereto.
‘‘(2) The Directorate of Preparedness, as constituted on
June 1, 2006, including all of its functions, personnel, assets,
components, authorities, grant programs, and liabilities, and
including the functions of the Under Secretary for Preparedness
relating thereto.
‘‘(b) EXCEPTIONS.—The following within the Preparedness Directorate shall not be transferred:
‘‘(1) The Office of Infrastructure Protection.
‘‘(2) The National Communications System.
‘‘(3) The National Cybersecurity Division.
‘‘(4) The Office of the Chief Medical Officer.
‘‘(5) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through (4).
‘‘SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT
AGENCY.
‘‘(a) DISTINCT ENTITY.—The Agency shall be maintained as a
distinct entity within the Department.
‘‘(b) REORGANIZATION.—Section 872 shall not apply to the Agency, including any function or organizational unit of the Agency.
‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.—
‘‘(1) IN GENERAL.—The Secretary may not substantially or
significantly reduce the authorities, responsibilities, or functions
of the Agency or the capability of the Agency to perform those
missions, authorities, responsibilities, except as otherwise specifically provided in an Act enacted after the date of enactment
of the Post-Katrina Emergency Management Reform Act of
2006.
‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No asset, function,
or mission of the Agency may be diverted to the principal and
continuing use of any other organization, unit, or entity of the
Department, except for details or assignments that do not reduce the capability of the Agency to perform its missions.
‘‘(d) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or transferring funds, the Secretary shall comply with
any applicable provisions of any Act making appropriations for the
Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.
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‘‘SEC. 507. REGIONAL OFFICES.
‘‘(a) IN GENERAL.—There
are in the Agency 10 regional offices,
as identified by the Administrator.
‘‘(b) MANAGEMENT OF REGIONAL OFFICES.—
‘‘(1) REGIONAL ADMINISTRATOR.—Each Regional Office
shall be headed by a Regional Administrator who shall be appointed by the Administrator, after consulting with State, local,
and tribal government officials in the region. Each Regional
Administrator shall report directly to the Administrator and be
in the Senior Executive Service.
‘‘(2) QUALIFICATIONS.—
‘‘(A) IN GENERAL.—Each Regional Administrator shall
be appointed from among individuals who have a dem-
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onstrated ability in and knowledge of emergency management and homeland security.
‘‘(B) CONSIDERATIONS.—In selecting a Regional Administrator for a Regional Office, the Administrator shall consider the familiarity of an individual with the geographical
area and demographic characteristics of the population
served by such Regional Office.
‘‘(c) RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—The Regional Administrator shall work
in partnership with State, local, and tribal governments, emergency managers, emergency response providers, medical providers, the private sector, nongovernmental organizations,
multijurisdictional councils of governments, and regional planning commissions and organizations in the geographical area
served by the Regional Office to carry out the responsibilities of
a Regional Administrator under this section.
‘‘(2) RESPONSIBILITIES.—The responsibilities of a Regional
Administrator include—
‘‘(A) ensuring effective, coordinated, and integrated regional preparedness, protection, response, recovery, and
mitigation activities and programs for natural disasters,
acts of terrorism, and other man-made disasters (including
planning, training, exercises, and professional development);
‘‘(B) assisting in the development of regional capabilities needed for a national catastrophic response system;
‘‘(C) coordinating the establishment of effective regional
operable and interoperable emergency communications capabilities;
‘‘(D) staffing and overseeing 1 or more strike teams
within the region under subsection (f), to serve as the focal
point of the Federal Government’s initial response efforts
for natural disasters, acts of terrorism, and other manmade disasters within that region, and otherwise building
Federal response capabilities to respond to natural disasters, acts of terrorism, and other man-made disasters within that region;
‘‘(E) designating an individual responsible for the development of strategic and operational regional plans in
support of the National Response Plan;
‘‘(F) fostering the development of mutual aid and other
cooperative agreements;
‘‘(G) identifying critical gaps in regional capabilities to
respond to populations with special needs;
‘‘(H) maintaining and operating a Regional Response
Coordination Center or its successor; and
‘‘(I) performing such other duties relating to such responsibilities as the Administrator may require.
‘‘(3) TRAINING AND EXERCISE REQUIREMENTS.—
‘‘(A) TRAINING.—The Administrator shall require each
Regional Administrator to undergo specific training periodically to complement the qualifications of the Regional
Administrator. Such training, as appropriate, shall include
training with respect to the National Incident Management
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49
System, the National Response Plan, and such other subjects as determined by the Administrator.
‘‘(B) EXERCISES.—The Administrator shall require each
Regional Administrator to participate as appropriate in regional and national exercises.
‘‘(d) AREA OFFICES.—
‘‘(1) IN GENERAL.—There is an Area Office for the Pacific
and an Area Office for the Caribbean, as components in the appropriate Regional Offices.
‘‘(2) ALASKA.—The Administrator shall establish an Area
Office in Alaska, as a component in the appropriate Regional
Office.
‘‘(e) REGIONAL ADVISORY COUNCIL.—
‘‘(1) ESTABLISHMENT.—Each Regional Administrator shall
establish a Regional Advisory Council.
‘‘(2) NOMINATIONS.—A State, local, or tribal government located within the geographic area served by the Regional Office
may nominate officials, including Adjutants General and emergency managers, to serve as members of the Regional Advisory
Council for that region.
‘‘(3) RESPONSIBILITIES.—Each Regional Advisory Council
shall—
‘‘(A) advise the Regional Administrator on emergency
management issues specific to that region;
‘‘(B) identify any geographic, demographic, or other
characteristics peculiar to any State, local, or tribal government within the region that might make preparedness, protection, response, recovery, or mitigation more complicated
or difficult; and
‘‘(C) advise the Regional Administrator of any weaknesses or deficiencies in preparedness, protection, response,
recovery, and mitigation for any State, local, and tribal
government within the region of which the Regional Advisory Council is aware.
‘‘(f) REGIONAL OFFICE STRIKE TEAMS.—
‘‘(1) IN GENERAL.—In coordination with other relevant Federal agencies, each Regional Administrator shall oversee multiagency strike teams authorized under section 303 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5144) that shall consist of—
‘‘(A) a designated Federal coordinating officer;
‘‘(B) personnel trained in incident management;
‘‘(C) public affairs, response and recovery, and communications support personnel;
‘‘(D) a defense coordinating officer;
‘‘(E) liaisons to other Federal agencies;
‘‘(F) such other personnel as the Administrator or Regional Administrator determines appropriate; and
‘‘(G) individuals from the agencies with primary responsibility for each of the emergency support functions in
the National Response Plan.
‘‘(2) OTHER DUTIES.—The duties of an individual assigned
to a Regional Office strike team from another relevant agency
when such individual is not functioning as a member of the
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strike team shall be consistent with the emergency preparedness
activities of the agency that employs such individual.
‘‘(3) LOCATION OF MEMBERS.—The members of each Regional Office strike team, including representatives from agencies other than the Department, shall be based primarily within
the region that corresponds to that strike team.
‘‘(4) COORDINATION.—Each Regional Office strike team
shall coordinate the training and exercises of that strike team
with the State, local, and tribal governments and private sector
and nongovernmental entities which the strike team shall support when a natural disaster, act of terrorism, or other manmade disaster occurs.
‘‘(5) PREPAREDNESS.—Each Regional Office strike team
shall be trained as a unit on a regular basis and equipped and
staffed to be well prepared to respond to natural disasters, acts
of terrorism, and other man-made disasters, including catastrophic incidents.
‘‘(6) AUTHORITIES.—If the Administrator determines that
statutory authority is inadequate for the preparedness and deployment of individuals in strike teams under this subsection,
the Administrator shall report to Congress regarding the additional statutory authorities that the Administrator determines
are necessary.
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‘‘SEC. 508. NATIONAL ADVISORY COUNCIL.
‘‘(a) ESTABLISHMENT.—Not later than
60 days after the date of
enactment of the Post-Katrina Emergency Management Reform Act
of 2006, the Secretary shall establish an advisory body under section 871(a) to ensure effective and ongoing coordination of Federal
preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disasters, to
be known as the National Advisory Council.
‘‘(b) RESPONSIBILITIES.—The National Advisory Council shall
advise the Administrator on all aspects of emergency management.
The National Advisory Council shall incorporate State, local, and
tribal government and private sector input in the development and
revision of the national preparedness goal, the national preparedness system, the National Incident Management System, the National Response Plan, and other related plans and strategies.
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The members of the National Advisory
Council shall be appointed by the Administrator, and shall, to
the extent practicable, represent a geographic (including urban
and rural) and substantive cross section of officials, emergency
managers, and emergency response providers from State, local,
and tribal governments, the private sector, and nongovernmental organizations, including as appropriate—
‘‘(A) members selected from the emergency management
field and emergency response providers, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel, or organizations representing such individuals;
‘‘(B) health scientists, emergency and inpatient medical
providers, and public health professionals;
‘‘(C) experts from Federal, State, local, and tribal governments, and the private sector, representing standards-
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setting and accrediting organizations, including representatives from the voluntary consensus codes and standards development community, particularly those with expertise in
the emergency preparedness and response field;
‘‘(D) State, local, and tribal government officials with
expertise in preparedness, protection, response, recovery,
and mitigation, including Adjutants General;
‘‘(E) elected State, local, and tribal government executives;
‘‘(F) experts in public and private sector infrastructure
protection, cybersecurity, and communications;
‘‘(G) representatives of individuals with disabilities
and other populations with special needs; and
‘‘(H) such other individuals as the Administrator determines to be appropriate.
‘‘(2) COORDINATION WITH THE DEPARTMENTS OF HEALTH
AND HUMAN SERVICES AND TRANSPORTATION.—In the selection
of members of the National Advisory Council who are health or
emergency medical services professionals, the Administrator
shall work with the Secretary of Health and Human Services
and the Secretary of Transportation.
‘‘(3) EX OFFICIO MEMBERS.—The Administrator shall designate 1 or more officers of the Federal Government to serve as
ex officio members of the National Advisory Council.
‘‘(4) TERMS OF OFFICE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term of office of each member of the National Advisory Council shall be 3 years.
‘‘(B) INITIAL APPOINTMENTS.—Of the members initially
appointed to the National Advisory Council—
‘‘(i) one-third shall be appointed for a term of 1
year; and
‘‘(ii) one-third shall be appointed for a term of 2
years.
‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
‘‘(1) IN GENERAL.—Notwithstanding section 871(a) and subject to paragraph (2), the Federal Advisory Committee Act (5
U.S.C. App.), including subsections (a), (b), and (d) of section
10 of such Act, and section 552b(c) of title 5, United States
Code, shall apply to the National Advisory Council.
‘‘(2) TERMINATION.—Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Advisory Council.
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‘‘SEC. 509. NATIONAL INTEGRATION CENTER.
‘‘(a) IN GENERAL.—There is established
in the Agency a National Integration Center.
‘‘(b) RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—The Administrator, through the National Integration Center, and in consultation with other Federal departments and agencies and the National Advisory
Council, shall ensure ongoing management and maintenance of
the National Incident Management System, the National Response Plan, and any successor to such system or plan.
‘‘(2) SPECIFIC RESPONSIBILITIES.—The National Integration
Center shall periodically review, and revise as appropriate, the
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National Incident Management System and the National Response Plan, including—
‘‘(A) establishing, in consultation with the Director of
the Corporation for National and Community Service, a
process to better use volunteers and donations;
‘‘(B) improving the use of Federal, State, local, and
tribal resources and ensuring the effective use of emergency
response providers at emergency scenes; and
‘‘(C) revising the Catastrophic Incident Annex, finalizing and releasing the Catastrophic Incident Supplement
to the National Response Plan, and ensuring that both effectively address response requirements in the event of a
catastrophic incident.
‘‘(c) INCIDENT MANAGEMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) NATIONAL RESPONSE PLAN.—The Secretary, acting
through the Administrator, shall ensure that the National
Response Plan provides for a clear chain of command to
lead and coordinate the Federal response to any natural
disaster, act of terrorism, or other man-made disaster.
‘‘(B) ADMINISTRATOR.—The chain of the command specified in the National Response Plan shall—
‘‘(i) provide for a role for the Administrator consistent with the role of the Administrator as the principal emergency management advisor to the President,
the Homeland Security Council, and the Secretary
under section 503(c)(4) and the responsibility of the Administrator under the Post-Katrina Emergency Management Reform Act of 2006, and the amendments
made by that Act, relating to natural disasters, acts of
terrorism, and other man-made disasters; and
‘‘(ii) provide for a role for the Federal Coordinating
Officer consistent with the responsibilities under section 302(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5143(b)).
‘‘(2) PRINCIPAL FEDERAL OFFICIAL.—The Principal Federal
Official (or the successor thereto) shall not—
‘‘(A) direct or replace the incident command structure
established at the incident; or
‘‘(B) have directive authority over the Senior Federal
Law Enforcement Official, Federal Coordinating Officer, or
other Federal and State officials.
‘‘SEC. 510. CREDENTIALING AND TYPING.
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‘‘The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management
Assistance Compact, State, local, and tribal governments, and organizations that represent emergency response providers, to collaborate
on developing standards for deployment capabilities, including
credentialing of personnel and typing of resources likely needed to
respond to natural disasters, acts of terrorism, and other man-made
disasters.
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‘‘SEC. 511. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.
‘‘(a) DEFINITION.—In this section, the term ‘National Infrastruc-
ture Simulation and Analysis Center’ means the National Infrastructure Simulation and Analysis Center established under section
1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
‘‘(b) AUTHORITY.—
‘‘(1) IN GENERAL.—There is in the Department the National
Infrastructure Simulation and Analysis Center which shall
serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to—
‘‘(A) counterterrorism, threat assessment, and risk mitigation; and
‘‘(B) a natural disaster, act of terrorism, or other manmade disaster.
‘‘(2) INFRASTRUCTURE MODELING.—
‘‘(A) PARTICULAR SUPPORT.—The support provided
under paragraph (1) shall include modeling, simulation,
and analysis of the systems and assets comprising critical
infrastructure, in order to enhance preparedness, protection, response, recovery, and mitigation activities.
‘‘(B) RELATIONSHIP WITH OTHER AGENCIES.—Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall establish a
formal relationship, including an agreement regarding information sharing, between the elements of such agency or
department and the National Infrastructure Simulation
and Analysis Center, through the Department.
‘‘(C) PURPOSE.—
‘‘(i) IN GENERAL.—The purpose of the relationship
under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph
(B) to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center
(particularly vulnerability and consequence analysis),
consistent with its work load capacity and priorities,
for real-time response to reported and projected natural
disasters, acts of terrorism, and other man-made disasters.
‘‘(ii) RECIPIENT OF CERTAIN SUPPORT.—Modeling,
simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies
and departments, including Federal agencies and departments with critical infrastructure responsibilities
under Homeland Security Presidential Directive 7, or
any successor to such directive.
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‘‘SEC. 512. EVACUATION PLANS AND EXERCISES.
‘‘(a) IN GENERAL.—Notwithstanding any other
provision of law,
and subject to subsection (d), grants made to States or local or tribal governments by the Department through the State Homeland Security Grant Program or the Urban Area Security Initiative may be
used to—
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‘‘(1) establish programs for the development and maintenance of mass evacuation plans under subsection (b) in the
event of a natural disaster, act of terrorism, or other man-made
disaster;
‘‘(2) prepare for the execution of such plans, including the
development of evacuation routes and the purchase and stockpiling of necessary supplies and shelters; and
‘‘(3) conduct exercises of such plans.
‘‘(b) PLAN DEVELOPMENT.—In developing the mass evacuation
plans authorized under subsection (a), each State, local, or tribal
government shall, to the maximum extent practicable—
‘‘(1) establish incident command and decision making processes;
‘‘(2) ensure that State, local, and tribal government plans,
including evacuation routes, are coordinated and integrated;
‘‘(3) identify primary and alternative evacuation routes and
methods to increase evacuation capabilities along such routes
such as conversion of two-way traffic to one-way evacuation
routes;
‘‘(4) identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities,
and coordinating and integrating evacuation plans for all populations including for those individuals located in hospitals,
nursing homes, and other institutional living facilities;
‘‘(5) develop procedures for informing the public of evacuation plans before and during an evacuation, including individuals—
‘‘(A) with disabilities or other special needs;
‘‘(B) with limited English proficiency; or
‘‘(C) who might otherwise have difficulty in obtaining
such information; and
‘‘(6) identify shelter locations and capabilities.
‘‘(c) ASSISTANCE.—
‘‘(1) IN GENERAL.—The Administrator may establish any
guidelines, standards, or requirements determined appropriate
to administer this section and to ensure effective mass evacuation planning for State, local, and tribal areas.
‘‘(2) REQUESTED ASSISTANCE.—The Administrator shall
make assistance available upon request of a State, local, or tribal government to assist hospitals, nursing homes, and other institutions that house individuals with special needs to establish,
maintain, and exercise mass evacuation plans that are coordinated and integrated into the plans developed by that State,
local, or tribal government under this section.
‘‘(d) MULTIPURPOSE FUNDS.—Nothing in this section may be
construed to preclude a State, local, or tribal government from
using grant funds in a manner that enhances preparedness for a
natural or man-made disaster unrelated to an act of terrorism, if
such use assists such government in building capabilities for terrorism preparedness.
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‘‘SEC. 513. DISABILITY COORDINATOR.
‘‘(a) IN GENERAL.—After consultation
with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness
and Individuals with Disabilities, established under Executive
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Order 13347 (6 U.S.C. 312 note), the Administrator shall appoint
a Disability Coordinator. The Disability Coordinator shall report
directly to the Administrator, in order to ensure that the needs of
individuals with disabilities are being properly addressed in emergency preparedness and disaster relief.
‘‘(b) RESPONSIBILITIES.—The Disability Coordinator shall be responsible for—
‘‘(1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster,
act of terrorism, or other man-made disaster;
‘‘(2) interacting with the staff of the Agency, the National
Council on Disabilities, the Interagency Coordinating Council
on Preparedness and Individuals with Disabilities established
under Executive Order No. 13347 (6 U.S.C. 312 note), other
agencies of the Federal Government, and State, local, and tribal
government authorities regarding the needs of individuals with
disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other
man-made disaster;
‘‘(3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs
of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act
of terrorism, or other man-made disaster;
‘‘(4) ensuring the coordination and dissemination of best
practices and model evacuation plans for individuals with disabilities;
‘‘(5) ensuring the development of training materials and a
curriculum for training of emergency response providers, State,
local, and tribal government officials, and others on the needs
of individuals with disabilities;
‘‘(6) promoting the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
‘‘(7) working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities;
‘‘(8) ensuring the availability of accessible transportation
options for individuals with disabilities in the event of an evacuation;
‘‘(9) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities
regarding post-evacuation residency and relocation are respected;
‘‘(10) ensuring that meeting the needs of individuals with
disabilities are included in the components of the national preparedness system established under section 644 of the PostKatrina Emergency Management Reform Act of 2006; and
‘‘(11) any other duties as assigned by the Administrator.
‘‘SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.
‘‘(a) DEPUTY ADMINISTRATORS.—The President
may appoint, by
and with the advice and consent of the Senate, not more than 4
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Deputy Administrators to assist the Administrator in carrying out
this title.
‘‘(b) CYBERSECURITY AND COMMUNICATIONS.—There is in the
Department an Assistant Secretary for Cybersecurity and Communications.
‘‘(c) UNITED STATES FIRE ADMINISTRATION.—The Administrator
of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.
‘‘SEC. 515. NATIONAL OPERATIONS CENTER.
‘‘(a) DEFINITION.—In this section, the
term ‘situational awareness’ means information gathered from a variety of sources that,
when communicated to emergency managers and decision-makers,
can form the basis for incident management decisionmaking.
‘‘(b) ESTABLISHMENT.—The National Operations Center is the
principal operations center for the Department and shall—
‘‘(1) provide situational awareness and a common operating
picture for the entire Federal Government, and for State, local,
and tribal governments as appropriate, in the event of a natural
disaster, act of terrorism, or other man-made disaster; and
‘‘(2) ensure that critical terrorism and disaster-related information reaches government decision-makers.
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‘‘SEC. 516. CHIEF MEDICAL OFFICER.
‘‘(a) IN GENERAL.—There is in
the Department a Chief Medical
Officer, who shall be appointed by the President, by and with the
advice and consent of the Senate.
‘‘(b) QUALIFICATIONS.—The individual appointed as Chief Medical Officer shall possess a demonstrated ability in and knowledge
of medicine and public health.
‘‘(c) RESPONSIBILITIES.—The Chief Medical Officer shall have
the primary responsibility within the Department for medical issues
related to natural disasters, acts of terrorism, and other man-made
disasters, including—
‘‘(1) serving as the principal advisor to the Secretary and
the Administrator on medical and public health issues;
‘‘(2) coordinating the biodefense activities of the Department;
‘‘(3) ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support;
‘‘(4) serving as the Department’s primary point of contact
with the Department of Agriculture, the Department of Defense,
the Department of Health and Human Services, the Department
of Transportation, the Department of Veterans Affairs, and
other Federal departments or agencies, on medical and public
health issues;
‘‘(5) serving as the Department’s primary point of contact
for State, local, and tribal governments, the medical community, and others within and outside the Department, with respect to medical and public health matters;
‘‘(6) discharging, in coordination with the Under Secretary
for Science and Technology, the responsibilities of the Department related to Project Bioshield; and
‘‘(7) performing such other duties relating to such responsibilities as the Secretary may require.’’.
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SEC. 612. TECHNICAL AND CONFORMING AMENDMENTS.
(a) EXECUTIVE SCHEDULE.—
(1) ADMINISTRATOR.—Section 5313 of title 5,
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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:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
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‘‘TITLE V—NATIONAL EMERGENCY MANAGEMENT
501. Definitions.
502. Definition.
503. Federal Emergency Management Agency.
504. Authorities and responsibilities.
505. Functions transferred.
506. Preserving the Federal Emergency Management Agency.
507. Regional Offices.
508. National Advisory Council.
509. National Integration Center.
510. Credentialing and typing.
511. The National Infrastructure Simulation and Analysis Center.
512. Evacuation plans and exercises.
513. Disability Coordinator.
514. Department and Agency officials.
515. National Operations Center.
516. Chief Medical Officer.
517. Nuclear incident response.
518. Conduct of certain public health-related activities.
519. Use of national private sector networks in emergency response.
520. Use of commercially available technology, goods, and services.
521. Procurement of security countermeasures for strategic national stockpile.’’.
(f) INTERIM ACTIONS.—
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(1) IN GENERAL.—During the period beginning on the date
of enactment of this Act and ending on March 31, 2007, the
Secretary, the Under Secretary for Preparedness, and the Director of the Federal Emergency Management Agency shall take
such actions as are necessary to provide for the orderly implementation of any amendment under this subtitle that takes effect on March 31, 2007.
(2) REFERENCES.—Any reference to the Administrator of the
Federal Emergency Management Agency in this title or an
amendment by this title shall be considered to refer and apply
to the Director of the Federal Emergency Management Agency
until March 31, 2007.
SEC. 613. NATIONAL WEATHER SERVICE.
Nothing in this title shall alter or otherwise affect the authorities and activities of the National Weather Service to protect life and
property, including under the Act of October 1, 1890 (26 Stat. 653–
55).
SEC. 614. EFFECTIVE DATE.
(a) IN GENERAL.—Except
as provided in subsection (b), this title
and the amendments made by this title shall take effect on the date
of enactment of this Act.
(b) EXCEPTIONS.—The following shall take effect on March 31,
2007:
(1) The amendments made by section 611(11).
(2) The amendments made by section 611(12).
(3) Sections 505, 507, 508, and 514 of the Homeland Security Act of 2002, as amended by section 611(13) of this Act.
(4) The amendments made by subsection (a).
(5) The amendments made by subsection (b)(1).
Subtitle B—Personnel Provisions
CHAPTER 1—FEDERAL EMERGENCY MANAGEMENT
AGENCY PERSONNEL
SEC. 621. WORKFORCE DEVELOPMENT.
(a) IN GENERAL.—Subpart I of part
III of title 5, United States
Code, is amended by adding at the end the following:
‘‘CHAPTER 101—FEDERAL EMERGENCY MANAGEMENT
AGENCY PERSONNEL
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‘‘Sec.
‘‘10101.
‘‘10102.
‘‘10103.
‘‘10104.
‘‘10105.
‘‘10106.
Definitions.
Strategic human capital plan.
Career paths.
Recruitment bonuses.
Retention bonuses.
Quarterly report on vacancy rate in employee positions.
‘‘§ 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;
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‘‘(3) the term ‘appropriate committees of Congress’ has the
meaning given the term in section 602 of the Post-Katrina
Emergency Management Reform Act of 2006;
‘‘(4) the term ‘Department’ means the Department of Homeland Security; and
‘‘(5) the term ‘Surge Capacity Force’ refers to the Surge Capacity Force, described under section 624 of the Post-Katrina
Emergency Management Reform Act of 2006.
‘‘§ 10102. Strategic human capital plan
‘‘(a) PLAN DEVELOPMENT.—Not later than 6 months after the
date of enactment of this chapter, the Administrator shall develop
and submit to the appropriate committees of Congress a strategic
human capital plan to shape and improve the workforce of the
Agency.
‘‘(b) CONTENTS.—The strategic human capital plan shall include—
‘‘(1) a workforce gap analysis, including an assessment of—
‘‘(A) the critical skills and competencies that will be
needed in the workforce of the Agency to support the mission and responsibilities of, and effectively manage, the
Agency during the 10-year period beginning on the date of
enactment of this chapter;
‘‘(B) the skills and competencies of the workforce of the
Agency on the day before the date of enactment of this
chapter and projected trends in that workforce, based on
expected losses due to retirement and other attrition; and
‘‘(C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of enactment of this chapter and in the projected workforce of the Agency that should be addressed to
ensure that the Agency has continued access to the critical
skills and competencies described in subparagraph (A);
‘‘(2) a plan of action for developing and reshaping the
workforce of the Agency to address the gaps in critical skills
and competencies identified under paragraph (1)(C), including—
‘‘(A) specific recruitment and retention goals, including
the use of the bonus authorities under this chapter as well
as other bonus authorities (including the program objective
of the Agency to be achieved through such goals);
‘‘(B) specific strategies for developing, training, deploying, compensating, and motivating and retaining the Agency workforce and its ability to fulfill the Agency’s mission
and responsibilities (including the program objectives of the
Department and the Agency to be achieved through such
strategies);
‘‘(C) specific strategies for recruiting individuals who
have served in multiple State agencies with emergency
management responsibilities; and
‘‘(D) specific strategies for the development, training,
and coordinated and rapid deployment of the Surge Capacity Force; and
‘‘(3) a discussion that—
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‘‘(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.
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‘‘§ 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.
‘‘§ 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
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of such a bonus. Upon completion of the strategic human capital
plan, such bonuses shall be paid in accordance with that plan.
‘‘(b) BONUS AMOUNT.—
‘‘(1) IN GENERAL.—The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position
involved.
‘‘(2) FORM OF PAYMENT.—A bonus under this section shall
be paid in the form of a lump-sum payment and shall not be
considered to be part of basic pay.
‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus under this section shall be contingent upon the employee entering into a written
service agreement with the Agency. The agreement shall include—
‘‘(1) the period of service the individual shall be required to
complete in return for the bonus; and
‘‘(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
‘‘(d) ELIGIBILITY.—A bonus under this section may not be paid
to an individual who is appointed to or holds—
‘‘(1) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
‘‘(2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
‘‘(3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
‘‘(e) TERMINATION.—The authority to pay bonuses under this
section shall terminate 5 years after the date of enactment of this
chapter.
‘‘(f) REPORTS.—
‘‘(1) IN GENERAL.—The Agency shall submit to the appropriate committees of Congress, annually for each of the 5 years
during which this section is in effect, a report on the operation
of this section.
‘‘(2) CONTENTS.—Each report submitted under this subsection shall include, with respect to the period covered by such
report, a description of how the authority to pay bonuses under
this section was used by the Agency, including—
‘‘(A) the number and dollar amount of bonuses paid to
individuals holding positions within each pay grade, pay
level, or other pay classification; and
‘‘(B) a determination of the extent to which such bonuses furthered the purposes of this section.
‘‘§ 10105. Retention bonuses
‘‘(a) AUTHORITY.—The Administrator may pay, on a case-bycase basis, a bonus under this section to an employee of the Agency
if—
‘‘(1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services
makes it essential to retain the employee; and
‘‘(2) the Administrator determines that, in the absence of
such a bonus, the employee would be likely to leave—
‘‘(A) the Federal service; or
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‘‘(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.
‘‘§ 10106. Quarterly report on vacancy rate in employee positions
‘‘(a) INITIAL REPORT.—
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‘‘(1) IN GENERAL.—Not later than 3 months after the date
of enactment of this chapter, the Administrator shall develop
and submit to the appropriate committees of Congress a report
on the vacancies in employee positions of the Agency.
‘‘(2) CONTENTS.—The report under this subsection shall include—
‘‘(A) vacancies of each category of employee position;
‘‘(B) the number of applicants for each vacancy for
which public notice has been given;
‘‘(C) the length of time that each vacancy has been
pending;
‘‘(D) hiring-cycle time for each vacancy that has been
filled; and
‘‘(E) a plan for reducing the hiring-cycle time and reducing the current and anticipated vacancies with highlyqualified personnel.
‘‘(b) QUARTERLY UPDATES.—Not later than 3 months after submission of the initial report, and every 3 months thereafter until 5
years after the date of enactment of this chapter, the Administrator
shall submit to the appropriate committees of Congress an update
of the report under subsection (a), including an assessment by the
Administrator of the progress of the Agency in filling vacant employee positions of the Agency.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for part III title 5, United States Code, is amended by inserting
after the item relating to chapter 99 the following:
‘‘101 Federal Emergency Management Agency Personnel ...................................10101’’.
SEC. 622. ESTABLISHMENT OF HOMELAND SECURITY ROTATION PROGRAM AT THE DEPARTMENT OF HOMELAND SECURITY.
(a) ESTABLISHMENT.—Title VIII of the Homeland Security Act
of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section
843 the following:
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‘‘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;
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‘‘(F) incorporate Department human capital strategic
plans and activities, and address critical human capital
deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and
‘‘(G) complement and incorporate (but not replace) rotational programs within the Department in effect on the date
of enactment of this section.
‘‘(3) ADMINISTRATION.—
‘‘(A) IN GENERAL.—The Chief Human Capital Officer
shall administer the Rotation Program.
‘‘(B) RESPONSIBILITIES.—The Chief Human Capital Officer shall—
‘‘(i) provide oversight of the establishment and implementation of the Rotation Program;
‘‘(ii) establish a framework that supports the goals
of the Rotation Program and promotes cross-disciplinary rotational opportunities;
‘‘(iii) establish eligibility for employees to participate in the Rotation Program and select participants
from employees who apply;
‘‘(iv) establish incentives for employees to participate in the Rotation Program, including promotions
and employment preferences;
‘‘(v) ensure that the Rotation Program provides
professional education and training;
‘‘(vi) ensure that the Rotation Program develops
qualified employees and future leaders with broadbased experience throughout the Department;
‘‘(vii) provide for greater interaction among employees in components of the Department; and
‘‘(viii) coordinate with rotational programs within
the Department in effect on the date of enactment of
this section.
‘‘(4) ALLOWANCES, PRIVILEGES, AND BENEFITS.—All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved.
‘‘(5) REPORTING.—Not later than 180 days after the date of
the establishment of the Rotation Program, the Secretary shall
submit a report on the status of the Rotation Program, including a description of the Rotation Program, the number of employees participating, and how the Rotation Program is used in
succession planning and leadership development to the appropriate committees of Congress.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 843 the following:
‘‘Sec. 844. Homeland Security Rotation Program.’’.
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SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.
(a) ESTABLISHMENT.—Title VIII of the Homeland
Security Act
of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section
844 (as added by section 622 of this Act) the following:
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‘‘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
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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.’’.
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SEC. 624. SURGE CAPACITY FORCE.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later
than 6 months after the date of
enactment of this Act, the Administrator shall prepare and submit to the appropriate committees of Congress a plan to establish and implement a Surge Capacity Force for deployment of
individuals to respond to natural disasters, acts of terrorism,
and other man-made disasters, including catastrophic incidents.
(2) AUTHORITY.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the plan shall provide for individuals in the Surge Capacity Force to be trained and deployed under the authorities set forth in the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
(B) EXCEPTION.—If the Administrator determines that
the existing authorities are inadequate for the training and
deployment of individuals in the Surge Capacity Force, the
Administrator shall report to Congress as to the additional
statutory authorities that the Administrator determines
necessary.
(b) EMPLOYEES DESIGNATED TO SERVE.—The plan shall include procedures under which the Secretary shall designate employees of the Department who are not employees of the Agency and
shall, in conjunction with the heads of other Executive agencies,
designate employees of those other Executive agencies, as appropriate, to serve on the Surge Capacity Force.
(c) CAPABILITIES.—The plan shall ensure that the Surge Capacity Force—
(1) includes a sufficient number of individuals credentialed
in accordance with section 510 of the Homeland Security Act of
2002, as amended by this Act, that are capable of deploying
rapidly and efficiently after activation to prepare for, respond
to, and recover from natural disasters, acts of terrorism, and
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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
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SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.
Section 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b) is amended—
(1) in subsection (b)(3) by inserting ‘‘including a catastrophic incident annex,’’ after ‘‘plans,’’; and
(2) by redesignating subsections (c) through (g) and subsections (d) through (h), respectively; and
(3) by inserting after subsection (b) the following:
‘‘(c) CATASTROPHIC INCIDENT ANNEX.—
‘‘(1) CONSISTENCY.—A catastrophic incident annex submitted under subsection (b)(3) shall be—
‘‘(A) modeled after the catastrophic incident annex of
the National Response Plan; and
‘‘(B) consistent with the national preparedness goal established under section 643 of the Post-Katrina Emergency
Management Reform Act of 2006, the National Incident
Management System, the National Response Plan, and
other related plans and strategies.
‘‘(2) CONSULTATION.—In developing a catastrophic incident
annex submitted under subsection (b)(3), a State shall consult
with and seek appropriate comments from local governments,
emergency response providers, locally governed multijurisdictional councils of government, and regional planning commissions.’’.
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SEC. 632. EVACUATION PREPAREDNESS TECHNICAL ASSISTANCE.
The Administrator, in coordination with the heads of other appropriate Federal agencies, shall provide evacuation preparedness
technical assistance to State, local, and tribal governments, including the preparation of hurricane evacuation studies and technical
assistance in developing evacuation plans, assessing storm surge estimates, evacuation zones, evacuation clearance times, transportation capacity, and shelter capacity.
SEC. 633. EMERGENCY RESPONSE TEAMS.
Section 303 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5144) is amended—
(1) by striking ‘‘SEC. 303.’’ and all that follows through
‘‘The President shall’’ and inserting the following:
‘‘SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.
‘‘(a) EMERGENCY SUPPORT TEAMS.—The President shall’’;
and
(2) by adding at the end the following:
‘‘(b) EMERGENCY RESPONSE TEAMS.—
‘‘(1) ESTABLISHMENT.—In carrying out subsection (a), the
President, acting through the Director of the Federal Emergency
Management Agency, shall establish—
‘‘(A) at a minimum 3 national response teams; and
‘‘(B) sufficient regional response teams, including Regional Office strike teams under section 507 of the Homeland Security Act of 2002; and
‘‘(C) other response teams as may be necessary to meet
the incident management responsibilities of the Federal
Government.
‘‘(2) TARGET CAPABILITY LEVEL.—The Director shall ensure
that specific target capability levels, as defined pursuant to the
guidelines established under section 646(a) of the 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 PostKatrina Emergency Management Reform Act of 2006.’’.
SEC. 634. URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) IN GENERAL.—There is in the Agency a system known
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as the
Urban Search and Rescue Response System.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the system for fiscal year 2008, an
amount equal to the amount appropriated for the system for fiscal
year 2007 and an additional $20,000,000.
SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM.
(a) IN GENERAL.—There is a Metropolitan Medical Response
Program.
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(b) PURPOSES.—The program shall include each purpose of the
program as it existed on June 1, 2006.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out the program for fiscal year 2008, an
amount equal to the amount appropriated for the program for fiscal
year 2007 and an additional $30,000,000.
SEC. 636. LOGISTICS.
The Administrator shall develop an efficient, transparent, and
flexible logistics system for procurement and delivery of goods and
services necessary for an effective and timely response to natural
disasters, acts of terrorism, and other man-made disasters and for
real-time visibility of items at each point throughout the logistics
system.
SEC. 637. PREPOSITIONED EQUIPMENT PROGRAM.
(a) IN GENERAL.—The Administrator shall
establish a
prepositioned equipment program to preposition standardized emergency equipment in at least 11 locations to sustain and replenish
critical assets used by State, local, and tribal governments in response to (or rendered inoperable by the effects of) natural disasters,
acts of terrorism, and other man-made disasters.
(b) NOTICE.—The Administrator shall notify State, local, and
tribal officials in an area in which a location for the prepositioned
equipment program will be closed not later than 60 days before the
date of such closure.
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SEC. 638. HURRICANE KATRINA AND HURRICANE RITA RECOVERY OFFICES.
(a) ESTABLISHMENT.—In order to provide all eligible Federal
assistance to individuals and State, local, and tribal governments
affected by Hurricane Katrina or Hurricane Rita in a customer-focused, expeditious, effective, and consistent manner, the Administrator shall establish, in coordination with the appropriate States,
a recovery office. The Administrator may establish recovery offices
for each of the following States, if necessary:
(1) Mississippi.
(2) Louisiana.
(3) Alabama.
(4) Texas.
(b) STRUCTURE.—Each recovery office shall have an executive
director, appointed by the Administrator, and a senior management
team.
(c) RESPONSIBILITIES.—Each executive director, in coordination
with State, local, and tribal governments, private sector entities,
and nongovernmental organizations, including faith-based and
other community humanitarian relief entities, shall provide assistance in a timely and effective manner to residents of the Gulf Coast
region for recovering from Hurricane Katrina or Hurricane Rita.
(d) STAFFING.—
(1) IN GENERAL.—Each recovery office shall be staffed by
multi-year term, temporary employees and permanent employees.
(2) STAFFING LEVELS.—Staffing levels of a recovery office
shall be commensurate with current and projected workload
and shall be evaluated on a regular basis.
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(e) PERFORMANCE MEASURES.—To ensure that each recovery office is meeting its objectives, the Administrator shall identify performance measures that are specific, measurable, achievable, relevant, and timed, including—
(1) public assistance program project worksheet completion
rates; and
(2) public assistance reimbursement times.
(f) CLOSEOUT INCENTIVES.—The Administrator shall provide
incentives for the timely closeout of public assistance projects under
sections 406 and 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172 and 5173).
(g) TERMINATION.—Each recovery office shall terminate at the
discretion of the Administrator.
SEC. 639. BASIC LIFE SUPPORTING FIRST AID AND EDUCATION.
The Administrator shall enter into agreements with organizations to provide funds to emergency response providers to provide
education and training in life supporting first aid to children.
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SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.
(a) MEASURES TO IMPROVE INFORMATION TECHNOLOGY SYSTEMS.—The Administrator, in coordination with the Chief Informa-
tion 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 ad-
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ditional 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
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SEC. 641. DEFINITIONS.
In this chapter:
(1) CAPABILITY.—The term ‘‘capability’’ means the ability to
provide the means to accomplish one or more tasks under specific conditions and to specific performance standards. A capability may be achieved with any combination of properly
planned, organized, equipped, trained, and exercised personnel
that achieves the intended outcome.
(2) HAZARD.—The term ‘‘hazard’’ has the meaning given
that term under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5195a).
(3) MISSION ASSIGNMENT.—The term ‘‘mission assignment’’
means a work order issued to a Federal agency by the Agency,
directing completion by that agency of a specified task and setting forth funding, other managerial controls, and guidance.
(4) NATIONAL PREPAREDNESS GOAL.—The term ‘‘national
preparedness goal’’ means the national preparedness goal established under section 643.
(5) NATIONAL PREPAREDNESS SYSTEM.—The term ‘‘national
preparedness system’’ means the national preparedness system
established under section 644.
(6) NATIONAL TRAINING PROGRAM.—The term ‘‘national
training program’’ means the national training program established under section 648(a).
(7) OPERATIONAL READINESS.—The term ‘‘operational readiness’’ means the capability of an organization, an asset, a system, or equipment to perform the missions or functions for
which it is organized or designed.
(8) PERFORMANCE MEASURE.—The term ‘‘performance measure’’ means a quantitative or qualitative characteristic used to
gauge the results of an outcome compared to its intended purpose.
(9) PERFORMANCE METRIC.—The term ‘‘performance metric’’
means a particular value or characteristic used to measure the
outcome that is generally expressed in terms of a baseline and
a target.
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(10) PREVENTION.—The term ‘‘prevention’’ means any activity undertaken to avoid, prevent, or stop a threatened or actual
act of terrorism.
SEC. 642. NATIONAL PREPAREDNESS.
In order to prepare the Nation for all hazards, including natural disasters, acts of terrorism, and other man-made disasters, the
President, consistent with the declaration of policy under section
601 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195) and title V of the Homeland Security Act
of 2002 (6 U.S.C. 311 et seq.), as amended by this Act, shall develop
a national preparedness goal and a national preparedness system.
SEC. 643. NATIONAL PREPAREDNESS GOAL.
(a) ESTABLISHMENT.—The President,
acting through the Administrator, shall complete, revise, and update, as necessary, a national preparedness goal that defines the target level of preparedness to ensure the Nation’s ability to prevent, respond to, recover
from, and mitigate against natural disasters, acts of terrorism, and
other man-made disasters.
(b) NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL
RESPONSE PLAN.—The national preparedness goal, to the greatest
extent practicable, shall be consistent with the National Incident
Management System and the National Response Plan.
SEC. 644. ESTABLISHMENT OF NATIONAL PREPAREDNESS SYSTEM.
(a) ESTABLISHMENT.—The President, acting through the
Administrator, shall develop a national preparedness system to enable
the Nation to meet the national preparedness goal.
(b) COMPONENTS.—The national preparedness system shall include the following components:
(1) Target capabilities and preparedness priorities.
(2) Equipment and training standards.
(3) Training and exercises.
(4) Comprehensive assessment system.
(5) Remedial action management program.
(6) Federal response capability inventory.
(7) Reporting requirements.
(8) Federal preparedness.
(c) NATIONAL PLANNING SCENARIOS.—The national preparedness system may include national planning scenarios.
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SEC. 645. NATIONAL PLANNING SCENARIOS.
(a) IN GENERAL.—The Administrator,
in coordination with the
heads of appropriate Federal agencies and the National Advisory
Council, may develop planning scenarios to reflect the relative risk
requirements presented by all hazards, including natural disasters,
acts of terrorism, and other man-made disasters, in order to provide
the foundation for the flexible and adaptive development of target
capabilities and the identification of target capability levels to meet
the national preparedness goal.
(b) DEVELOPMENT.—In developing, revising, and replacing national planning scenarios, the Administrator shall ensure that the
scenarios—
(1) reflect the relative risk of all hazards and illustrate the
potential scope, magnitude, and complexity of a broad range of
representative hazards; and
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(2) provide the minimum number of representative scenarios necessary to identify and define the tasks and target capabilities required to respond to all hazards.
SEC. 646. TARGET CAPABILITIES AND PREPAREDNESS PRIORITIES.
(a) ESTABLISHMENT OF GUIDELINES ON TARGET CAPABILITIES.—
Not later than 180 days after the date of enactment of this Act, the
Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National
Advisory Council, shall complete, revise, and update, as necessary,
guidelines to define risk-based target capabilities for Federal, State,
local, and tribal government preparedness that will enable the Nation to prevent, respond to, recover from, and mitigate against all
hazards, including natural disasters, acts of terrorism, and other
man-made disasters.
(b) DISTRIBUTION OF GUIDELINES.—The Administrator shall ensure that the guidelines are provided promptly to the appropriate
committees of Congress and the States.
(c) OBJECTIVES.—The Administrator shall ensure that the
guidelines are specific, flexible, and measurable.
(d) TERRORISM RISK ASSESSMENT.—With respect to analyzing
and assessing the risk of acts of terrorism, the Administrator shall
consider—
(1) the variables of threat, vulnerability, and consequences
related to population (including transient commuting and tourist populations), areas of high population density, critical infrastructure, coastline, and international borders; and
(2) the most current risk assessment available from the
Chief Intelligence Officer of the Department of the threats of terrorism against the United States.
(e) PREPAREDNESS PRIORITIES.—In establishing the guidelines
under subsection (a), the Administrator shall establish preparedness
priorities that appropriately balance the risk of all hazards, including natural disasters, acts of terrorism, and other man-made disasters, with the resources required to prevent, respond to, recover
from, and mitigate against the hazards.
(f) MUTUAL AID AGREEMENTS.—The Administrator may provide
support for the development of mutual aid agreements within
States.
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SEC. 647. EQUIPMENT AND TRAINING STANDARDS.
(a) EQUIPMENT STANDARDS.—
(1) IN GENERAL.—The Administrator, in
coordination with
the heads of appropriate Federal agencies and the National Advisory Council, shall support the development, promulgation,
and updating, as necessary, of national voluntary consensus
standards for the performance, use, and validation of equipment used by Federal, State, local, and tribal governments and
nongovernmental emergency response providers.
(2) REQUIREMENTS.—The national voluntary consensus
standards shall—
(A) be designed to achieve equipment and other capabilities consistent with the national preparedness goal, including the safety and health of emergency response providers;
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(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.
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SEC. 648. TRAINING AND EXERCISES.
(a) NATIONAL TRAINING PROGRAM.—
(1) IN GENERAL.—Beginning not
later than 180 days after
the date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national training program to implement
the national preparedness goal, National Incident Management
System, National Response Plan, and other related plans and
strategies.
(2) TRAINING PARTNERS.—In developing and implementing
the national training program, the Administrator shall—
(A) work with government training facilities, academic
institutions, private organizations, and other entities that
provide specialized, state-of-the-art training for emergency
managers or emergency response providers; and
(B) utilize, as appropriate, training courses provided by
community colleges, State and local public safety academies, State and private universities, and other facilities.
(b) NATIONAL EXERCISE PROGRAM.—
(1) IN GENERAL.—Beginning not later than 180 days after
the date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national exercise program to test and
evaluate the national preparedness goal, National Incident
Management System, National Response Plan, and other related plans and strategies.
(2) REQUIREMENTS.—The national exercise program—
(A) shall be—
(i) as realistic as practicable, based on current risk
assessments, including credible threats, vulnerabilities,
and consequences, and designed to stress the national
preparedness system;
(ii) designed, as practicable, to simulate the partial
or complete incapacitation of a State, local, or tribal
government;
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(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.
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SEC. 649. COMPREHENSIVE ASSESSMENT SYSTEM.
(a) ESTABLISHMENT.—The Administrator, in
coordination with
the National Council on Disability and the National Advisory Council, shall establish a comprehensive system to assess, on an ongoing
basis, the Nation’s prevention capabilities and overall preparedness,
including operational readiness.
(b) PERFORMANCE METRICS AND MEASURES.—The Administrator shall ensure that each component of the national preparedness system, National Incident Management System, National Response Plan, and other related plans and strategies, and the reports
required under section 652 is developed, revised, and updated with
clear and quantifiable performance metrics, measures, and outcomes.
(c) CONTENTS.—The assessment system established under subsection (a) shall assess—
(1) compliance with the national preparedness system, National Incident Management System, National Response Plan,
and other related plans and strategies;
(2) capability levels at the time of assessment against target
capability levels defined pursuant to the guidelines established
under section 646(a);
(3) resource needs to meet the desired target capability levels defined pursuant to the guidelines established under section
646(a); and
(4) performance of training, exercises, and operations.
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SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
The Administrator, in coordination with the National Council
on Disability and the National Advisory Council, shall establish a
remedial action management program to—
(1) analyze training, exercises, and real-world events to
identify and disseminate lessons learned and best practices;
(2) generate and disseminate, as appropriate, after action
reports to participants in exercises and real-world events; and
(3) conduct remedial action tracking and long-term trend
analysis.
SEC. 651. FEDERAL RESPONSE CAPABILITY INVENTORY.
(a) IN GENERAL.—In accordance with section 611(h)(1)(C)
of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(h)(1)(C), the Administrator shall accelerate the completion of the inventory of Federal response capabilities.
(b) CONTENTS.—The inventory shall include—
(1) for each capability—
(A) the performance parameters of the capability;
(B) the timeframe within which the capability can be
brought to bear on an incident; and
(C) the readiness of the capability to respond to all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters; and
(2) emergency communications assets maintained by the
Federal Government and, if appropriate, State, local, and tribal
governments and the private sector.
(c) DEPARTMENT OF DEFENSE.—The Administrator, in coordination with the Secretary of Defense, shall develop a list of organizations and functions within the Department of Defense that may be
used, pursuant to the authority provided under the National Response Plan and sections 402, 403, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170a, 5170b, 5192), to provide support to civil authorities during
natural disasters, acts of terrorism, and other man-made disasters.
(d) DATABASE.—The Administrator shall establish an inventory
database to allow—
(1) real-time exchange of information regarding capabilities, readiness, or the compatibility of equipment;
(2) easy identification and rapid deployment during an incident; and
(3) the sharing of inventories with other Federal agencies,
as appropriate.
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SEC. 652. REPORTING REQUIREMENTS.
(a) FEDERAL PREPAREDNESS REPORT.—
(1) IN GENERAL.—Not later than 12
months after the date
of enactment of this Act, and annually thereafter, the Administrator, in coordination with the heads of appropriate Federal
agencies, shall submit to the appropriate committees of Congress a report on the Nation’s level of preparedness for all hazards, including natural disasters, acts of terrorism, and other
man-made disasters.
(2) CONTENTS.—Each report shall include—
(A) an assessment of how Federal assistance supports
the national preparedness system;
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(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
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(ii) the extent to which the use of Federal assistance during the preceding fiscal year achieved the preparedness priorities.
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SEC. 653. FEDERAL PREPAREDNESS.
(a) AGENCY RESPONSIBILITY.—In
support of the national preparedness system, the President shall ensure that each Federal
agency with coordinating, primary, or supporting responsibilities
under the National Response Plan—
(1) has the operational capability to meet the national preparedness goal, including—
(A) the personnel to make and communicate decisions;
(B) organizational structures that are assigned,
trained, and exercised for the missions of the agency;
(C) sufficient physical resources; and
(D) the command, control, and communication channels to make, monitor, and communicate decisions;
(2) complies with the National Incident Management System;
(3) develops, trains, and exercises rosters of response personnel to be deployed when the agency is called upon to support
a Federal response; and
(4) develops deliberate operational plans and the corresponding capabilities, including crisis planning, to respond
effectively to natural disasters, acts of terrorism, and other
man-made disasters in support of the National Response Plan
to ensure a coordinated Federal response.
(b) OPERATIONAL PLANS.—An operations plan developed under
subsection (a)(4) shall meet the following requirements:
(1) The operations plan shall be coordinated under a unified system with a common terminology, approach, and framework.
(2) The operations plan shall be developed, in coordination
with State, local, and tribal government officials, to address
both regional and national risks.
(3) The operations plan shall contain, as appropriate, the
following elements:
(A) Concepts of operations.
(B) Critical tasks and responsibilities.
(C) Detailed resource and personnel requirements, together with sourcing requirements.
(D) Specific provisions for the rapid integration of the
resources and personnel of the agency into the overall response.
(4) The operations plan shall address, as appropriate, the
following matters:
(A) Support of State, local, and tribal governments in
conducting mass evacuations, including—
(i) transportation and relocation;
(ii) short- and long-term sheltering and accommodation;
(iii) provisions for populations with special needs,
keeping families together, and expeditious location of
missing children; and
(iv) policies and provisions for pets.
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(B) The preparedness and deployment of public health
and medical resources, including resources to address the
needs of evacuees and populations with special needs.
(C) The coordination of interagency search and rescue
operations, including land, water, and airborne search and
rescue operations.
(D) The roles and responsibilities of the Senior Federal
Law Enforcement Official with respect to other law enforcement entities.
(E) The protection of critical infrastructure.
(F) The coordination of maritime salvage efforts among
relevant agencies.
(G) The coordination of Department of Defense and National Guard support of civilian authorities.
(H) To the extent practicable, the utilization of Department of Defense, National Air and Space Administration,
National Oceanic and Atmospheric Administration, and
commercial aircraft and satellite remotely sensed imagery.
(I) The coordination and integration of support from
the private sector and nongovernmental organizations.
(J) The safe disposal of debris, including hazardous
materials, and, when practicable, the recycling of debris.
(K) The identification of the required surge capacity.
(L) Specific provisions for the recovery of affected geographic areas.
(c) MISSION ASSIGNMENTS.—To expedite the provision of assistance under the National Response Plan, the President shall ensure
that the Administrator, in coordination with Federal agencies with
responsibilities under the National Response Plan, develops
prescripted mission assignments, including logistics, communications, mass care, health services, and public safety.
(d) CERTIFICATION.—The President shall certify on an annual
basis that each Federal agency with coordinating, primary, or supporting responsibilities under the National Response Plan complies
with subsections (a) and (b).
(e) CONSTRUCTION.—Nothing in this section shall be construed
to limit the authority of the Secretary of Defense with regard to—
(1) the command, control, training, planning, equipment,
exercises, or employment of Department of Defense forces; or
(2) the allocation of Department of Defense resources.
SEC. 654. USE OF EXISTING RESOURCES.
In establishing the national preparedness goal and national
preparedness system, the Administrator shall use existing preparedness documents, planning tools, and guidelines to the extent practicable and consistent with this Act.
CHAPTER 2—ADDITIONAL PREPAREDNESS
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SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
(a) IN GENERAL.—The Administrator may make grants to ad-
minister 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—
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(1) to carry out recommendations identified in the Emergency Management Assistance Compact after-action reports for
the 2004 and 2005 hurricane season;
(2) to administer compact operations on behalf of all member States and territories;
(3) to continue coordination with the Agency and appropriate Federal agencies;
(4) to continue coordination with State, local, and tribal
government entities and their respective national organizations;
and
(5) to assist State and local governments, emergency response providers, and organizations representing such providers
with credentialing emergency response providers and the typing
of emergency response resources.
(c) COORDINATION.—The Administrator shall consult with the
Administrator of the Emergency Management Assistance Compact
to ensure effective coordination of efforts in responding to requests
for assistance.
(d) AUTHORIZATION.—There is authorized to be appropriated to
carry out this section $4,000,000 for fiscal year 2008. Such sums
shall remain available until expended.
SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS.
There is authorized to be appropriated for the Emergency Management Performance Grants Program for fiscal year 2008, an
amount equal to the amount appropriated for the program for fiscal
year 2007 and an additional $175,000,000.
SEC. 663. TRANSFER OF NOBLE TRAINING CENTER.
The Noble Training Center is transferred to the Center for Domestic Preparedness. The Center for Domestic Preparedness shall
integrate the Noble Training Center into the program structure of
the Center for Domestic Preparedness.
SEC. 664. NATIONAL EXERCISE SIMULATION CENTER.
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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.
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Subtitle D—Emergency Communications
SEC. 671. EMERGENCY COMMUNICATIONS.
(a) SHORT TITLE.—This section may
be cited as the ‘‘21st Century Emergency Communications Act of 2006’’.
(b) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended by adding at the end the following new title:
‘‘TITLE XVIII—EMERGENCY
COMMUNICATIONS
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‘‘SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.
‘‘(a) IN GENERAL.—There is established in the Department
an
Office of Emergency Communications.
‘‘(b) DIRECTOR.—The head of the office shall be the Director for
Emergency Communications. The Director shall report to the Assistant Secretary for Cybersecurity and Communications.
‘‘(c) RESPONSIBILITIES.—The Director for Emergency Communications shall—
‘‘(1) assist the Secretary in developing and implementing
the program described in section 7303(a)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)), except as provided in section 314;
‘‘(2) administer the Department’s responsibilities and authorities relating to the SAFECOM Program, excluding elements related to research, development, testing, and evaluation
and standards;
‘‘(3) administer the Department’s responsibilities and authorities relating to the Integrated Wireless Network program;
‘‘(4) conduct extensive, nationwide outreach to support and
promote the ability of emergency response providers and relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other manmade disasters;
‘‘(5) conduct extensive, nationwide outreach and foster the
development of interoperable emergency communications capabilities by State, regional, local, and tribal governments and
public safety agencies, and by regional consortia thereof;
‘‘(6) provide technical assistance to State, regional, local,
and tribal government officials with respect to use of interoperable emergency communications capabilities;
‘‘(7) coordinate with the Regional Administrators regarding
the activities of Regional Emergency Communications Coordination Working Groups under section 1805;
‘‘(8) promote the development of standard operating procedures and best practices with respect to use of interoperable
emergency communications capabilities for incident response,
and facilitate the sharing of information on such best practices
for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response;
‘‘(9) coordinate, in cooperation with the National Communications System, the establishment of a national response capability with initial and ongoing planning, implementation,
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and training for the deployment of communications equipment
for relevant State, local, and tribal governments and emergency
response providers in the event of a catastrophic loss of local
and regional emergency communications services;
‘‘(10) assist the President, the National Security Council,
the Homeland Security Council, and the Director of the Office
of Management and Budget in ensuring the continued operation
of the telecommunications functions and responsibilities of the
Federal Government, excluding spectrum management;
‘‘(11) establish, in coordination with the Director of the Office for Interoperability and Compatibility, requirements for
interoperable emergency communications capabilities, which
shall be nonproprietary where standards for such capabilities
exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and
warning device, technology, or system;
‘‘(12) review, in consultation with the Assistant Secretary
for Grants and Training, all interoperable emergency communications plans of Federal, State, local, and tribal governments,
including Statewide and tactical interoperability plans, developed pursuant to homeland security assistance administered by
the Department, but excluding spectrum allocation and management related to such plans;
‘‘(13) develop and update periodically, as appropriate, a
National Emergency Communications Plan under section 1802;
‘‘(14) perform such other duties of the Department necessary
to support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and
other man-made disasters; and
‘‘(15) perform other duties of the Department necessary to
achieve the goal of and maintain and enhance interoperable
emergency communications capabilities.
‘‘(d) PERFORMANCE OF PREVIOUSLY TRANSFERRED FUNCTIONS.—The Secretary shall transfer to, and administer through,
the Director for Emergency Communications the following programs
and responsibilities:
‘‘(1) The SAFECOM Program, excluding elements related to
research, development, testing, and evaluation and standards.
‘‘(2) The responsibilities of the Chief Information Officer related to the implementation of the Integrated Wireless Network.
‘‘(3) The Interoperable Communications Technical Assistance Program.
‘‘(e) COORDINATION.—The Director for Emergency Communications shall coordinate—
‘‘(1) as appropriate, with the Director of the Office for Interoperability and Compatibility with respect to the responsibilities
described in section 314; and
‘‘(2) with the Administrator of the Federal Emergency Management Agency with respect to the responsibilities described in
this title.
‘‘(f) SUFFICIENCY OF RESOURCES PLAN.—
‘‘(1) REPORT.—Not later than 120 days after the date of enactment of this section, the Secretary shall submit to Congress
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a report on the resources and staff necessary to carry out fully
the responsibilities under this title.
‘‘(2) COMPTROLLER GENERAL REVIEW.—The Comptroller
General shall review the validity of the report submitted by the
Secretary under paragraph (1). Not later than 60 days after the
date on which such report is submitted, the Comptroller General shall submit to Congress a report containing the findings
of such review.
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‘‘SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
‘‘(a) IN GENERAL.—The Secretary, acting through the
Director
for Emergency Communications, and in cooperation with the Department of National Communications System (as appropriate),
shall, in cooperation with State, local, and tribal governments, Federal departments and agencies, emergency response providers, and
the private sector, develop not later than 180 days after the completion of the baseline assessment under section 1803, and periodically
update, a National Emergency Communications Plan to provide recommendations regarding how the United States should—
‘‘(1) support and promote the ability of emergency response
providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism,
and other man-made disasters; and
‘‘(2) ensure, accelerate, and attain interoperable emergency
communications nationwide.
‘‘(b) COORDINATION.—The Emergency Communications Preparedness Center under section 1806 shall coordinate the development of the Federal aspects of the National Emergency Communications Plan.
‘‘(c) CONTENTS.—The National Emergency Communications
Plan shall—
‘‘(1) include recommendations developed in consultation
with the Federal Communications Commission and the National Institute of Standards and Technology for a process for
expediting national voluntary consensus standards for emergency communications equipment for the purchase and use by
public safety agencies of interoperable emergency communications equipment and technologies;
‘‘(2) identify the appropriate capabilities necessary for emergency response providers and relevant government officials to
continue to communicate in the event of natural disasters, acts
of terrorism, and other man-made disasters;
‘‘(3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and
tribal governments in the event of natural disasters, acts of terrorism, and other man-made disasters;
‘‘(4) recommend both short-term and long-term solutions for
ensuring that emergency response providers and relevant government officials can continue to communicate in the event of
natural disasters, acts of terrorism, and other man-made disasters;
‘‘(5) recommend both short-term and long-term solutions for
deploying interoperable emergency communications systems for
Federal, State, local, and tribal governments throughout the
Nation, including through the provision of existing and emerging technologies;
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‘‘(6) identify how Federal departments and agencies that respond to natural disasters, acts of terrorism, and other manmade disasters can work effectively with State, local, and tribal
governments, in all States, and with other entities;
‘‘(7) identify obstacles to deploying interoperable emergency
communications capabilities nationwide and recommend shortterm and long-term measures to overcome those obstacles, including recommendations for multijurisdictional coordination
among Federal, State, local, and tribal governments;
‘‘(8) recommend goals and timeframes for the deployment of
emergency, command-level communications systems based on
new and existing equipment across the United States and develop a timetable for the deployment of interoperable emergency
communications systems nationwide; and
‘‘(9) recommend appropriate measures that emergency response providers should employ to ensure the continued operation of relevant governmental communications infrastructure
in the event of natural disasters, acts of terrorism, or other
man-made disasters.
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‘‘SEC. 1803. ASSESSMENTS AND REPORTS.
‘‘(a) BASELINE ASSESSMENT.—Not later
than 1 year after the
date of enactment of this section and not less than every 5 years
thereafter, the Secretary, acting through the Director for Emergency
Communications, shall conduct an assessment of Federal, State,
local, and tribal governments that—
‘‘(1) defines the range of capabilities needed by emergency
response providers and relevant government officials to continue
to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters;
‘‘(2) defines the range of interoperable emergency communications capabilities needed for specific events;
‘‘(3) assesses the current available capabilities to meet such
communications needs;
‘‘(4) identifies the gap between such current capabilities and
defined requirements; and
‘‘(5) includes a national interoperable emergency communications inventory to be completed by the Secretary of Homeland Security, the Secretary of Commerce, and the Chairman of
the Federal Communications Commission that—
‘‘(A) identifies for each Federal department and agency—
‘‘(i) the channels and frequencies used;
‘‘(ii) the nomenclature used to refer to each channel
or frequency used; and
‘‘(iii) the types of communications systems and
equipment used; and
‘‘(B) identifies the interoperable emergency communications systems in use by public safety agencies in the United
States.
‘‘(b) CLASSIFIED ANNEX.—The baseline assessment under this
section may include a classified annex including information provided under subsection (a)(5)(A).
‘‘(c) SAVINGS CLAUSE.—In conducting the baseline assessment
under this section, the Secretary may incorporate findings from as-
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sessments conducted before, or ongoing on, the date of enactment of
this title.
‘‘(d) PROGRESS REPORTS.—Not later than one year after the
date of enactment of this section and biennially thereafter, the Secretary, acting through the Director for Emergency Communications,
shall submit to Congress a report on the progress of the Department
in achieving the goals of, and carrying out its responsibilities under,
this title, including—
‘‘(1) a description of the findings of the most recent baseline
assessment conducted under subsection (a);
‘‘(2) a determination of the degree to which interoperable
emergency communications capabilities have been attained to
date and the gaps that remain for interoperability to be
achieved;
‘‘(3) an evaluation of the ability to continue to communicate
and to provide and maintain interoperable emergency communications by emergency managers, emergency response providers, and relevant government officials in the event of—
‘‘(A) natural disasters, acts of terrorism, or other manmade disasters, including Incidents of National Significance declared by the Secretary under the National Response Plan; and
‘‘(B) a catastrophic loss of local and regional communications services;
‘‘(4) a list of best practices relating to the ability to continue
to communicate and to provide and maintain interoperable
emergency communications in the event of natural disasters,
acts of terrorism, or other man-made disasters; and
‘‘(A) an evaluation of the feasibility and desirability of
the Department developing, on its own or in conjunction
with the Department of Defense, a mobile communications
capability, modeled on the Army Signal Corps, that could
be deployed to support emergency communications at the
site of natural disasters, acts of terrorism, or other manmade disasters.
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‘‘SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT PROGRAMS.
‘‘(a) COORDINATION OF GRANTS AND STANDARDS PROGRAMS.—
The Secretary, acting through the Director for Emergency Communications, shall ensure that grant guidelines for the use of homeland
security assistance administered by the Department relating to
interoperable emergency communications are coordinated and consistent with the goals and recommendations in the National Emergency Communications Plan under section 1802.
‘‘(b) DENIAL OF ELIGIBILITY FOR GRANTS.—
‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Grants and Planning, and in consultation
with the Director for Emergency Communications, may prohibit
any State, local, or tribal government from using homeland security assistance administered by the Department to achieve,
maintain, or enhance emergency communications capabilities,
if—
‘‘(A) such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan as required by section 7303(f) of the Intel-
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ligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(f));
‘‘(B) such government has proposed to upgrade or purchase new equipment or systems that do not meet or exceed
any applicable national voluntary consensus standards and
has not provided a reasonable explanation of why such
equipment or systems will serve the needs of the applicant
better than equipment or systems that meet or exceed such
standards; and
‘‘(C) as of the date that is 3 years after the date of the
completion of the initial National Emergency Communications Plan under section 1802, national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated.
‘‘(2) STANDARDS.—The Secretary, in coordination with the
Federal Communications Commission, the National Institute of
Standards and Technology, and other Federal departments and
agencies with responsibility for standards, shall support the development, promulgation, and updating as necessary of national voluntary consensus standards for interoperable emergency communications.
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‘‘SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.
‘‘(a) IN GENERAL.—There is established in each Regional Office
a Regional Emergency Communications Coordination Working
Group (in this section referred to as an ‘RECC Working Group’).
Each RECC Working Group shall report to the relevant Regional
Administrator and coordinate its activities with the relevant Regional Advisory Council.
‘‘(b) MEMBERSHIP.—Each RECC Working Group shall consist of
the following:
‘‘(1) NON-FEDERAL.—Organizations representing the interests of the following:
‘‘(A) State officials.
‘‘(B) Local government officials, including sheriffs.
‘‘(C) State police departments.
‘‘(D) Local police departments.
‘‘(E) Local fire departments.
‘‘(F) Public safety answering points (9–1–1 services).
‘‘(G) State emergency managers, homeland security directors, or representatives of State Administrative Agencies.
‘‘(H) Local emergency managers or homeland security
directors.
‘‘(I) Other emergency response providers as appropriate.
‘‘(2) FEDERAL.—Representatives from the Department, the
Federal Communications Commission, and other Federal departments and agencies with responsibility for coordinating
interoperable emergency communications with or providing
emergency support services to State, local, and tribal governments.
‘‘(c) COORDINATION.—Each RECC Working Group shall coordinate its activities with the following:
‘‘(1) Communications equipment manufacturers and vendors (including broadband data service providers).
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‘‘(2) Local exchange carriers.
‘‘(3) Local broadcast media.
‘‘(4) Wireless carriers.
‘‘(5) Satellite communications services.
‘‘(6) Cable operators.
‘‘(7) Hospitals.
‘‘(8) Public utility services.
‘‘(9) Emergency evacuation transit services.
‘‘(10) Ambulance services.
‘‘(11) HAM and amateur radio operators.
‘‘(12) Representatives from other private sector entities and
nongovernmental organizations as the Regional Administrator
determines appropriate.
‘‘(d) DUTIES.—The duties of each RECC Working Group shall
include—
‘‘(1) assessing the survivability, sustainability, and interoperability of local emergency communications systems to meet
the goals of the National Emergency Communications Plan;
‘‘(2) reporting annually to the relevant Regional Administrator, the Director for Emergency Communications, the Chairman of the Federal Communications Commission, and the Assistant Secretary for Communications and Information of the
Department of Commerce on the status of its region in building
robust and sustainable interoperable voice and data emergency
communications networks and, not later than 60 days after the
completion of the initial National Emergency Communications
Plan under section 1802, on the progress of the region in meeting the goals of such plan;
‘‘(3) ensuring a process for the coordination of effective
multijurisdictional, multi-agency emergency communications
networks for use during natural disasters, acts of terrorism,
and other man-made disasters through the expanded use of
emergency management and public safety communications mutual aid agreements; and
‘‘(4) coordinating the establishment of Federal, State, local,
and tribal support services and networks designed to address
the immediate and critical human needs in responding to natural disasters, acts of terrorism, and other man-made disasters.
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‘‘SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.
‘‘(a) ESTABLISHMENT.—There is established the Emergency
Communications Preparedness Center (in this section referred to as
the ‘Center’).
‘‘(b) OPERATION.—The Secretary, the Chairman of the Federal
Communications Commission, the Secretary of Defense, the Secretary of Commerce, the Attorney General of the United States, and
the heads of other Federal departments and agencies or their designees shall jointly operate the Center in accordance with the Memorandum of Understanding entitled, ‘Emergency Communications
Preparedness Center (ECPC) Charter’.
‘‘(c) FUNCTIONS.—The Center shall—
‘‘(1) serve as the focal point for interagency efforts and as
a clearinghouse with respect to all relevant intergovernmental
information to support and promote (including specifically by
working to avoid duplication, hindrances, and counteractive ef-
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forts among the participating Federal departments and agencies)—
‘‘(A) the ability of emergency response providers and
relevant government officials to continue to communicate in
the event of natural disasters, acts of terrorism, and other
man-made disasters; and
‘‘(B) interoperable emergency communications;
‘‘(2) prepare and submit to Congress, on an annual basis,
a strategic assessment regarding the coordination efforts of Federal departments and agencies to advance—
‘‘(A) the ability of emergency response providers and
relevant government officials to continue to communicate in
the event of natural disasters, acts of terrorism, and other
man-made disasters; and
‘‘(B) interoperable emergency communications;
‘‘(3) consider, in preparing the strategic assessment under
paragraph (2), the goals stated in the National Emergency
Communications Plan under section 1802; and
‘‘(4) perform such other functions as are provided in the
Emergency Communications Preparedness Center (ECPC)
Charter described in subsection (b)(1).
‘‘SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITIES.
‘‘(a) IN GENERAL.—The Secretary, in consultation with the
Chairman of the Federal Communications Commission and the Secretary of Defense, and with appropriate State, local, and tribal government officials, shall provide technical guidance, training, and
other assistance, as appropriate, to support the rapid establishment
of consistent, secure, and effective interoperable emergency communications capabilities in the event of an emergency in urban and
other areas determined by the Secretary to be at consistently high
levels of risk from natural disasters, acts of terrorism, and other
man-made disasters.
‘‘(b) MINIMUM CAPABILITIES.—The interoperable emergency
communications capabilities established under subsection (a) shall
ensure the ability of all levels of government, emergency response
providers, the private sector, and other organizations with emergency response capabilities—
‘‘(1) to communicate with each other in the event of an
emergency;
‘‘(2) to have appropriate and timely access to the Information Sharing Environment described in section 1016 of the National Security Intelligence Reform Act of 2004 (6 U.S.C. 321);
and
‘‘(3) to be consistent with any applicable State or Urban
Area homeland strategy or plan.
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‘‘SEC. 1808. DEFINITION.
‘‘In this title, the term ‘interoperable’ has the meaning given the
term ‘interoperable communications’ under section 7303(g)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(g)(1)).’’.
(c) CLERICAL AMENDMENT.—The table of contents in section 1(b)
of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by adding at the end the following:
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‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
1801.
1802.
1803.
1804.
1805.
1806.
1807.
1808.
‘‘TITLE XVIII—EMERGENCY COMMUNICATIONS
Office for Emergency Communications
National Emergency Communications Plan
Assessments and reports
Coordination of Federal emergency communications grant programs
Regional emergency communications coordination
Emergency Communications Preparedness Center
Urban and other high risk area communications capabilities
Definition.’’.
SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.
(a) IN GENERAL.—Title III of the Homeland Security Act
of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following:
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‘‘SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.
‘‘(a) CLARIFICATION OF RESPONSIBILITIES.—The Director of
the
Office for Interoperability and Compatibility shall—
‘‘(1) assist the Secretary in developing and implementing
the science and technology aspects of the program described in
subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(a)(1));
‘‘(2) in coordination with the Federal Communications
Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications;
‘‘(3) establish a comprehensive research, development, testing, and evaluation program for improving interoperable emergency communications;
‘‘(4) establish, in coordination with the Director for Emergency Communications, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public
safety radio and data communications systems and equipment
purchased using homeland security assistance administered by
the Department, excluding any alert and warning device, technology, or system;
‘‘(5) carry out the Department’s responsibilities and authorities relating to research, development, testing, evaluation, or
standards-related elements of the SAFECOM Program;
‘‘(6) evaluate and assess new technology in real-world environments to achieve interoperable emergency communications
capabilities;
‘‘(7) encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications capabilities;
‘‘(8) test public safety communications systems that are less
prone to failure, support new nonvoice services, use spectrum
more efficiently, and cost less than existing systems;
‘‘(9) coordinate with the private sector to develop solutions
to improve emergency communications capabilities and achieve
interoperable emergency communications capabilities; and
‘‘(10) conduct pilot projects, in coordination with the Director for Emergency Communications, to test and demonstrate
technologies, including data and video, that enhance—
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90
‘‘(A) the ability of emergency response providers and
relevant government officials to continue to communicate in
the event of natural disasters, acts of terrorism, and other
man-made disasters; and
‘‘(B) interoperable emergency communications capabilities.
‘‘(b) COORDINATION.—The Director of the Office for Interoperability and Compatibility shall coordinate with the Director for
Emergency Communications with respect to the SAFECOM program.
‘‘(c) SUFFICIENCY OF RESOURCES.—The Secretary shall provide
the Office for Interoperability and Compatibility the resources and
staff necessary to carry out the responsibilities under this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 313 the following:
‘‘Sec. 314. Office for Interoperability and Compatibility.’’.
SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by this Act, is amended by
adding at the end the following:
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‘‘SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Under Secretary for Science and Tech-
nology, acting through the Director of the Office for Interoperability
and Compatibility, shall establish a comprehensive research and development program to support and promote—
‘‘(1) the ability of emergency response providers and relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other manmade disasters; and
‘‘(2) interoperable emergency communications capabilities
among emergency response providers and relevant government
officials, including by—
‘‘(A) supporting research on a competitive basis, including through the Directorate of Science and Technology and
Homeland Security Advanced Research Projects Agency;
and
‘‘(B) considering the establishment of a Center of Excellence under the Department of Homeland Security Centers
of Excellence Program focused on improving emergency response providers’ communication capabilities.
‘‘(b) PURPOSES.—The purposes of the program established under
subsection (a) include—
‘‘(1) supporting research, development, testing, and evaluation on emergency communication capabilities;
‘‘(2) understanding the strengths and weaknesses of the
public safety communications systems in use;
‘‘(3) examining how current and emerging technology can
make emergency response providers more effective, and how
Federal, State, local, and tribal government agencies can use
this technology in a coherent and cost-effective manner;
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‘‘(4) investigating technologies that could lead to long-term
advancements in emergency communications capabilities and
supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and
‘‘(5) evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities.
‘‘(c) DEFINITIONS.—For purposes of this section, the term ‘interoperable’, with respect to emergency communications, has the meaning given the term in section 1808.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 314, as
added by this Act, the following:
‘‘Sec. 315. Emergency communications interoperability research and development.’’.
SEC. 674. 911 AND E911 SERVICES REPORT.
Not later than 180 days after the date of enactment of this Act,
the Chairman of the Federal Communications Commission shall
submit a report to Congress on the status of efforts of State, local,
and tribal governments to develop plans for rerouting 911 and E911
services in the event that public safety answering points are disabled during natural disasters, acts of terrorism, and other manmade disasters.
SEC. 675. SAVINGS CLAUSE.
Nothing in this subtitle shall be construed to transfer to the Office of Emergency Communications any function, personnel, asset,
component, authority, grant program, or liability of the Federal
Emergency Management Agency as constituted on June 1, 2006.
Subtitle E—Stafford Act Amendments
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SEC. 681. GENERAL FEDERAL ASSISTANCE.
(a) MAJOR DISASTERS.—Section 402
of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is
amended—
(1) in paragraph (1), by striking ‘‘efforts’’ and inserting ‘‘response or recovery efforts, including precautionary evacuations’’;
(2) in paragraph (2), by striking the semicolon and inserting ‘‘, including precautionary evacuations and recovery;’’;
(3) in paragraph (3)—
(A) in subparagraph (D), by striking ‘‘and’’ at the end;
and
(B) by adding at the end the following:
‘‘(F) recovery activities, including disaster impact assessments and planning;’’;
(4) in paragraph (4), by striking the period and inserting
‘‘; and’’; and
(5) by adding at the end the following:
‘‘(5) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—
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‘‘(A) shall, to the fullest extent practicable, promptly notify and coordinate with officials in a State in which such
assistance or support is provided; and
‘‘(B) shall not, in notifying and coordinating with a
State under subparagraph (A), delay or impede the rapid
deployment, use, and distribution of critical resources to
victims of a major disaster.’’.
(b) EMERGENCIES.—Section 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192) is
amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking the semicolon and inserting ‘‘, including precautionary evacuations;’’;
(B) in paragraph (6), by striking ‘‘and’’ after the semicolon;
(C) in paragraph (7), by striking the period and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(8) provide accelerated Federal assistance and Federal
support where necessary to save lives, prevent human suffering,
or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—
‘‘(A) shall, to the fullest extent practicable, promptly notify and coordinate with a State in which such assistance
or support is provided; and
‘‘(B) shall not, in notifying and coordinating with a
State under subparagraph (A), delay or impede the rapid
deployment, use, and distribution of critical resources to
victims of an emergency.’’;
(2) in subsection (b), by striking the period and inserting ‘‘,
including precautionary evacuations.’’; and
(3) by adding at the end the following:
‘‘(c) GUIDELINES.—The President shall promulgate and maintain guidelines to assist Governors in requesting the declaration of
an emergency in advance of a natural or man-made disaster (including for the purpose of seeking assistance with special needs and
other evacuation efforts) under this section by defining the types of
assistance available to affected States and the circumstances under
which such requests are likely to be approved.’’.
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SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.
(a) IN GENERAL.—The Administrator, in coordination
with the
Secretary of Housing and Urban Development, the Administrator of
the Environmental Protection Agency, the Secretary of Agriculture,
the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Transportation, the Administrator of the Small Business
Administration, the Assistant Secretary for Indian Affairs of the Department of the Interior, and the heads of other appropriate Federal
agencies, State, local, and tribal government officials (including
through the National Advisory Council), and representatives of appropriate nongovernmental organizations shall develop, coordinate,
and maintain a National Disaster Recovery Strategy to serve as a
guide to recovery efforts after major disasters and emergencies.
(b) CONTENTS.—The National Disaster Recovery Strategy
shall—
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(1) outline the most efficient and cost-effective Federal programs that will meet the recovery needs of States, local and
tribal governments, and individuals and households affected by
a major disaster;
(2) clearly define the role, programs, authorities, and responsibilities of each Federal agency that may be of assistance
in providing assistance in the recovery from a major disaster;
(3) promote the use of the most appropriate and cost-effective building materials (based on the hazards present in an
area) in any area affected by a major disaster, with the goal of
encouraging the construction of disaster-resistant buildings;
and
(4) describe in detail the programs that may be offered by
the agencies described in paragraph (2), including—
(A) discussing funding issues;
(B) detailing how responsibilities under the National
Disaster Recovery Strategy will be shared; and
(C) addressing other matters concerning the cooperative
effort to provide recovery assistance.
(c) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing in detail
the National Disaster Recovery Strategy and any additional authorities necessary to implement any portion of the National
Disaster Recovery Strategy.
(2) UPDATE.—The Administrator shall submit to the appropriate committees of Congress a report updating the report submitted under paragraph (1)—
(A) on the same date that any change is made to the
National Disaster Recovery Strategy; and
(B) on a periodic basis after the submission of the report under paragraph (1), but not less than once every 5
years after the date of the submission of the report under
paragraph (1).
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SEC. 683. NATIONAL DISASTER HOUSING STRATEGY.
(a) IN GENERAL.—The Administrator, in coordination
with representatives of the Federal agencies, governments, and organizations
listed in subsection (b)(2) of this section, the National Advisory
Council, the National Council on Disability, and other entities at
the Administrator’s discretion, shall develop, coordinate, and maintain a National Disaster Housing Strategy.
(b) CONTENTS.—The National Disaster Housing Strategy
shall—
(1) outline the most efficient and cost effective Federal programs that will best meet the short-term and long-term housing
needs of individuals and households affected by a major disaster;
(2) clearly define the role, programs, authorities, and responsibilities of each entity in providing housing assistance in
the event of a major disaster, including—
(A) the Agency;
(B) the Department of Housing and Urban Development;
(C) the Department of Agriculture;
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94
(D) the Department of Veterans Affairs;
(E) the Department of Health and Human Services;
(F) the Bureau of Indian Affairs;
(G) any other Federal agency that may provide housing
assistance in the event of a major disaster;
(H) the American Red Cross; and
(I) State, local, and tribal governments;
(3) describe in detail the programs that may be offered by
the entities described in paragraph (2), including—
(A) outlining any funding issues;
(B) detailing how responsibilities under the National
Disaster Housing Strategy will be shared; and
(C) addressing other matters concerning the cooperative
effort to provide housing assistance during a major disaster;
(4) consider methods through which housing assistance can
be provided to individuals and households where employment
and other resources for living are available;
(5) describe programs directed to meet the needs of special
needs and low-income populations and ensure that a sufficient
number of housing units are provided for individuals with disabilities;
(6) describe plans for the operation of clusters of housing
provided to individuals and households, including access to
public services, site management, security, and site density;
(7) describe plans for promoting the repair or rehabilitation
of existing rental housing, including through lease agreements
or other means, in order to improve the provision of housing to
individuals and households under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174); and
(8) describe any additional authorities necessary to carry
out any portion of the strategy.
(c) GUIDANCE.—The Administrator should develop and make
publicly available guidance on—
(1) types of housing assistance available under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) to individuals and households affected by
an emergency or major disaster;
(2) eligibility for such assistance (including, where appropriate, the continuation of such assistance); and
(3) application procedures for such assistance.
(d) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing in detail
the National Disaster Housing Strategy, including programs directed to meeting the needs of special needs populations.
(2) UPDATED REPORT.—The Administrator shall submit to
the appropriate committees of Congress a report updating the
report submitted under paragraph (1)—
(A) on the same date that any change is made to the
National Disaster Housing Strategy; and
(B) on a periodic basis after the submission of the report under paragraph (1), but not less than once every 5
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years after the date of the submission of the report under
paragraph (1).
SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.
The third sentence of section 404(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a))
is amended by striking ‘‘7.5 percent’’ and inserting ‘‘15 percent for
amounts not more than $2,000,000,000, 10 percent for amounts of
more than $2,000,000,000 and not more than $10,000,000,000, and
7.5 percent on amounts of more than $10,000,000,000 and not more
than $35,333,000,000’’.
SEC. 685. HOUSING ASSISTANCE.
Section 408(c)(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) is amended—
(1) by inserting ‘‘or semi-permanent’’ after ‘‘permanent’’;
and
(2) by striking ‘‘remote’’.
SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PROGRAMS.
Section 408(c) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended—
(1) by striking paragraph (2)(C); and
(2) in paragraph (3)—
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
SEC. 687. COORDINATING OFFICERS.
Section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143(b)) is amended by adding
after subsection (c) the following:
‘‘(d) Where the area affected by a major disaster or emergency
includes parts of more than 1 State, the President, at the discretion
of the President, may appoint a single Federal coordinating officer
for the entire affected area, and may appoint such deputy Federal
coordinating officers to assist the Federal coordinating officer as the
President determines appropriate.’’.
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SEC. 688. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended—
(1) by amending paragraph (9) to read as follows:
‘‘(9) PRIVATE NONPROFIT FACILITY.—
‘‘(A) IN GENERAL.—The term ‘private nonprofit facility’
means private nonprofit educational, utility, irrigation,
emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those for the
aged and disabled) and facilities on Indian reservations, as
defined by the President.
‘‘(B) ADDITIONAL FACILITIES.—In addition to the facilities described in subparagraph (A), the term ‘private nonprofit facility’ includes any private nonprofit facility that
provides essential services of a governmental nature to the
general public (including museums, zoos, performing arts
facilities, community arts centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter
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workshops, and facilities that provide health and safety
services of a governmental nature), as defined by the President.’’;
(2) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
(3) by inserting after paragraph (5) the following:
‘‘(6) INDIVIDUAL WITH A DISABILITY.—The term ‘individual
with a disability’ means an individual with a disability as defined in section 3(2) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102(2)).’’.
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SEC. 689. INDIVIDUALS WITH DISABILITIES.
(a) GUIDELINES.—Not later than 90 days
after the date of enactment of this Act, and in coordination with the National Advisory
Council, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals With Disabilities
established under Executive Order 13347 (6 U.S.C. 312 note), and
the Disability Coordinator (established under section 513 of the
Homeland Security Act of 2002, as added by this Act), the Administrator shall develop guidelines to accommodate individuals with
disabilities, which shall include guidelines for—
(1) the accessibility of, and communications and programs
in, shelters, recovery centers, and other facilities; and
(2) devices used in connection with disaster operations, including first aid stations, mass feeding areas, portable
payphone stations, portable toilets, and temporary housing.
(b) ESSENTIAL ASSISTANCE.—Section 403(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)) is amended—
(1) in paragraph (2), by inserting ‘‘durable medical equipment,’’ after ‘‘medicine’’; and
(2) in paragraph (3)—
(A) in subparagraph (B), by inserting ‘‘durable medical
equipment,’’ after ‘‘medicine’’;
(B) in subparagraph (H), by striking ‘‘and’’ at the end;
(C) in subparagraph (I), by striking the period and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(J) provision of rescue, care, shelter, and essential
needs—
‘‘(i) to individuals with household pets and service
animals; and
‘‘(ii) to such pets and animals.’’.
(c) FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.—
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended—
(1) in subsection (b)(1), by inserting ‘‘, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable,’’ after ‘‘uninhabitable’’; and
(2) in subsection (d)(1)(A)—
(A) in clause (i), by striking ‘‘and’’ after the semicolon;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
‘‘(ii) meets the physical accessibility requirements
for individuals with disabilities; and’’.
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SEC. 689a. NONDISCRIMINATION IN DISASTER ASSISTANCE.
Section 308(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by inserting ‘‘disability, English proficiency,’’ after ‘‘age,’’.
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SEC. 689b. REUNIFICATION.
(a) DEFINITIONS.—In this section:
(1) CHILD LOCATOR CENTER.—The
term ‘‘Child Locator Center’’ means the National Emergency Child Locator Center established under subsection (b).
(2) DECLARED EVENT.—The term ‘‘declared event’’ means a
major disaster or emergency.
(3) DISPLACED ADULT.—The term ‘‘displaced adult’’ means
an individual 21 years of age or older who is displaced from
the habitual residence of that individual as a result of a declared event.
(4) DISPLACED CHILD.—The term ‘‘displaced child’’ means
an individual under 21 years of age who is displaced from the
habitual residence of that individual as a result of a declared
event.
(b) NATIONAL EMERGENCY CHILD LOCATOR CENTER.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with
the Attorney General of the United States, shall establish within the National Center for Missing and Exploited Children the
National Emergency Child Locator Center. In establishing the
National Emergency Child Locator Center, the Administrator
shall establish procedures to make all relevant information
available to the National Emergency Child Locator Center in a
timely manner to facilitate the expeditious identification and reunification of children with their families.
(2) PURPOSES.—The purposes of the Child Locator Center
are to—
(A) enable individuals to provide to the Child Locator
Center the name of and other identifying information about
a displaced child or a displaced adult who may have information about the location of a displaced child;
(B) enable individuals to receive information about
other sources of information about displaced children and
displaced adults; and
(C) assist law enforcement in locating displaced children.
(3) RESPONSIBILITIES AND DUTIES.—The responsibilities
and duties of the Child Locator Center are to—
(A) establish a toll-free telephone number to receive reports of displaced children and information about displaced adults that may assist in locating displaced children;
(B) create a website to provide information about displaced children;
(C) deploy its staff to the location of a declared event
to gather information about displaced children;
(D) assist in the reunification of displaced children
with their families;
(E) provide information to the public about additional
resources for disaster assistance;
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(F) work in partnership with Federal, State, and local
law enforcement agencies;
(G) provide technical assistance in locating displaced
children;
(H) share information on displaced children and displaced adults with governmental agencies and nongovernmental organizations providing disaster assistance;
(I) use its resources to gather information about displaced children;
(J) refer reports of displaced adults to—
(i) an entity designated by the Attorney General to
provide technical assistance in locating displaced
adults; and
(ii) the National Emergency Family Registry and
Locator System as defined under section 689c(a);
(K) enter into cooperative agreements with Federal and
State agencies and other organizations such as the American Red Cross as necessary to implement the mission of
the Child Locator Center; and
(L) develop an emergency response plan to prepare for
the activation of the Child Locator Center.
(c) CONFORMING AMENDMENTS.—Section 403(1) of the Missing
Children’s Assistance Act (42 U.S.C. 5772(1)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by adding ‘‘or’’ after the semicolon;
and
(3) by inserting after subparagraph (B) the following:
‘‘(C) the individual is an individual under 21 years of
age who is displaced from the habitual residence of that individual as a result of an emergency or major disaster (as
those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)).’’.
(d) REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the Committee
on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Transportation and Infrastructure and the Committee on the Judiciary of
the House of Representatives a report describing in detail the status
of the Child Locator Center, including funding issues and any difficulties or issues in establishing the Center or completing the cooperative agreements described in subsection (b)(3)(K).
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SEC. 689c. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR
SYSTEM.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘displaced individual’’ means an individual
displaced by an emergency or major disaster; and
(2) the term ‘‘National Emergency Family Registry and Locator System’’ means the National Emergency Family Registry
and Locator System established under subsection (b).
(b) ESTABLISHMENT.—Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a National
Emergency Family Registry and Locator System to help reunify
families separated after an emergency or major disaster.
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(c) OPERATION OF SYSTEM.—The National Emergency Family
Registry and Locator System shall—
(1) allow a displaced adult (including medical patients) to
voluntarily register (and allow an adult that is the parent or
guardian of a displaced child to register such child), by submitting personal information to be entered into a database (such
as the name, current location of residence, and any other relevant information that could be used by others seeking to locate
that individual);
(2) ensure that information submitted under paragraph (1)
is accessible to those individuals named by a displaced individual and to those law enforcement officials;
(3) be accessible through the Internet and through a tollfree number, to receive reports of displaced individuals; and
(4) include a means of referring displaced children to the
National Emergency Child Locator Center established under
section 689b.
(d) PUBLICATION OF INFORMATION.—Not later than 210 days
after the date of enactment of this Act, the Administrator shall establish a mechanism to inform the public about the National Emergency Family Registry and Locator System and its potential usefulness for assisting to reunite displaced individuals with their families.
(e) COORDINATION.—Not later than 90 days after the date of enactment of this Act, the Administrator shall enter a memorandum
of understanding with the Department of Justice, the National Center for Missing and Exploited Children, the Department of Health
and Human Services, and the American Red Cross and other relevant private organizations that will enhance the sharing of information to facilitate reuniting displaced individuals (including medical patients) with their families.
(f) REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report describing in detail the status of the
National Emergency Family Registry and Locator System, including
any difficulties or issues in establishing the System, including funding issues.
SEC. 689d. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(c)(1)(A) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) is amended—
(1) in clause (i), by adding at the end the following: ‘‘Such
assistance may include the payment of the cost of utilities, excluding telephone service.’’; and
(2) in clause (ii), by inserting ‘‘security deposits,’’ after
‘‘hookups,’’.
SEC. 689e. DISASTER RELATED INFORMATION SERVICES.
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Subtitle A of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended
by adding at the end the following:
‘‘SEC. 616. DISASTER RELATED INFORMATION SERVICES.
‘‘(a) IN GENERAL.—Consistent with section 308(a),
the Director
of Federal Emergency Management Agency shall—
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‘‘(1) identify, in coordination with State and local governments, population groups with limited English proficiency and
take into account such groups in planning for an emergency or
major disaster;
‘‘(2) ensure that information made available to individuals
affected by a major disaster or emergency is made available in
formats that can be understood by—
‘‘(A) population groups identified under paragraph (1);
and
‘‘(B) individuals with disabilities or other special
needs; and
‘‘(3) develop and maintain an informational clearinghouse
of model language assistance programs and best practices for
State and local governments in providing services related to a
major disaster or emergency.
‘‘(b) GROUP SIZE.—For purposes of subsection (a), the Director
of Federal Emergency Management Agency shall define the size of
a population group.’’.
SEC. 689f. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT
SERVICES TO INDIVIDUALS AND HOUSEHOLDS.
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.), is amended by adding
at the end the following:
‘‘SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND
HOUSEHOLDS.
‘‘The President may provide transportation assistance to relocate individuals displaced from their predisaster primary residences
as a result of an incident declared under this Act or otherwise
transported from their predisaster primary residences under section
403(a)(3) or 502, to and from alternative locations for short or longterm accommodation or to return an individual or household to
their predisaster primary residence or alternative location, as determined necessary by the President.
‘‘SEC. 426. CASE MANAGEMENT SERVICES.
‘‘The President may provide case management services, including financial assistance, to State or local government agencies or
qualified private organizations to provide such services, to victims
of major disasters to identify and address unmet needs.’’.
SEC. 689g. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) IN GENERAL.—Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (15 U.S.C. 5141 et seq.) is
amended by adding at the end the following:
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‘‘SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
‘‘(a) IN GENERAL.—The President shall designate in the Federal
Emergency Management Agency a Small State and Rural Advocate.
‘‘(b) RESPONSIBILITIES.—The Small State and Rural Advocate
shall be an advocate for the fair treatment of small States and rural
communities in the provision of assistance under this Act.
‘‘(c) DUTIES.—The Small State and Rural Advocate shall—
‘‘(1) participate in the disaster declaration process under
section 401 and the emergency declaration process under section
501, to ensure that the needs of rural communities are being
addressed;
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‘‘(2) assist small population States in the preparation of requests for major disaster or emergency declarations; and
‘‘(3) conduct such other activities as the Director of the Federal Emergency Management Agency considers appropriate.’’.
(b) REPORT TO CONGRESS.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report detailing the extent to
which disaster declaration regulations—
(1) meet the particular needs of States with populations of
less than 1,500,000 individuals; and
(2) comply with statutory restrictions on the use of arithmetic formulas and sliding scales based on income or population.
(c) STATUTORY CONSTRUCTION.—Nothing in this section or the
amendments made by this section shall be construed to authorize
major disaster or emergency assistance that is not authorized as of
the date of enactment of this Act.
SEC. 689h. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED
PRIVATE NONPROFIT EDUCATIONAL FACILITIES.
Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended
by inserting ‘‘education,’’ after ‘‘communications,’’.
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SEC. 689i. INDIVIDUALS AND HOUSEHOLDS PILOT PROGRAM.
(a) PILOT PROGRAM.—
(1) IN GENERAL.—The President, acting through the
Administrator, in coordination with State, local, and tribal governments, shall establish and conduct a pilot program. The pilot
program shall be designed to make better use of existing rental
housing, located in areas covered by a major disaster declaration, in order to provide timely and cost-effective temporary
housing assistance to individuals and households eligible for
assistance under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) where alternative housing options are less available or less cost-effective.
(2) ADMINISTRATION.—
(A) IN GENERAL.—For the purposes of the pilot program under this section, the Administrator may—
(i) enter into lease agreements with owners of
multi-family rental property located in areas covered
by a major disaster declaration to house individuals
and households eligible for assistance under section
408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174);
(ii) make improvements to properties under such
lease agreements;
(iii) use the pilot program where the program is
cost effective in that the cost to the Government for the
lease agreements is in proportion to the savings to the
Government by not providing alternative housing; and
(iv) limit repairs to those required to ensure that
the housing units shall meet Federal housing quality
standards.
(B) IMPROVEMENTS TO LEASED PROPERTIES.—Under the
terms of any lease agreement for a property described under
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subparagraph (A)(ii), the value of the contribution of the
Agency to such improvements—
(i) shall be deducted from the value of the lease
agreement; and
(ii) may not exceed the value of the lease agreement.
(3) CONSULTATION.—In administering the pilot program
under this section, the Administrator may consult with State,
local, and tribal governments.
(4) REPORT.—
(A) IN GENERAL.—Not later than March 31, 2009, the
Administrator shall submit to the appropriate committees
of Congress a report regarding the effectiveness of the pilot
program.
(B) CONTENTS.—The Administrator shall include in
the report—
(i) an assessment of the effectiveness of the pilot
program under this section, including an assessment of
cost-savings to the Federal Government and any benefits to individuals and households eligible for assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174) under the pilot program;
(ii) findings and conclusions of the Administrator
with respect to the pilot program;
(iii) an assessment of additional authorities needed
to aid the Agency in its mission of providing disaster
housing assistance to individuals and households eligible for assistance under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174), either under the pilot program under
this section or other potential housing programs; and
(iv) any recommendations of the Administrator for
additional authority to continue or make permanent
the pilot program.
(b) PILOT PROGRAM PROJECT APPROVAL.—The Administrator
shall not approve a project under the pilot program after December
31, 2008.
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SEC. 689j. PUBLIC ASSISTANCE PILOT PROGRAM.
(a) PILOT PROGRAM.—
(1) IN GENERAL.—The President, acting
through the Administrator, and in coordination with State and local governments,
shall establish and conduct a pilot program to—
(A) reduce the costs to the Federal Government of providing assistance to States and local governments under
sections 403(a)(3)(A), 406, and 407 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
1570b(a)(3), 5172, 5172);
(B) increase flexibility in the administration of sections
403(a)(3)(A), 406, and 407 of that Act; and
(C) expedite the provision of assistance to States and
local governments provided under sections 403(a)(3)(A),
406, and 407 of that Act.
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(2) PARTICIPATION.—Only States and local governments
that elect to participate in the pilot program may participate in
the pilot program for a particular project.
(3) INNOVATIVE ADMINISTRATION.—
(A) IN GENERAL.—For purposes of the pilot program,
the Administrator shall establish new procedures to administer assistance provided under the sections referred to in
paragraph (1).
(B) NEW PROCEDURES.—The new procedures established under subparagraph (A) may include 1 or more of
the following:
(i) Notwithstanding section 406(c)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 1571(c)(1)(A)), providing an option
for a State or local government to elect to receive an inlieu contribution in an amount equal to 90 percent of
the Federal share of the Federal estimate of the cost of
repair, restoration, reconstruction, or replacement of a
public facility owned or controlled by the State or local
government and of management expenses.
(ii) Making grants on the basis of estimates agreed
to by the local government (or where no local government is involved, by the State government) and the Administrator to provide financial incentives and disincentives for the local government (or where no local
government is involved, for the State government) for
the timely or cost effective completion of projects under
sections 403(a)(3)(A), 406, and 407 of that Act.
(iii) Increasing the Federal share for removal of debris and wreckage for States and local governments
that have a debris management plan approved by the
Administrator and have pre-qualified 1 or more debris
and wreckage removal contractors before the date of
declaration of the major disaster.
(iv) Using a sliding scale for the Federal share for
removal of debris and wreckage based on the time it
takes to complete debris and wreckage removal.
(v) Using a financial incentive to recycle debris.
(vi) Reimbursing base wages for employees and
extra hires of a State or local government involved in
or administering debris and wreckage removal.
(4) WAIVER.—The Administrator may waive such regulations or rules applicable to the provisions of assistance under
the sections referred to in paragraph (1) as the Administrator
determines are necessary to carry out the pilot program under
this section.
(b) REPORT.—
(1) IN GENERAL.—Not later than March 31, 2009, the Administrator shall submit to the appropriate committees of Congress a report regarding the effectiveness of the pilot program
under this section.
(2) CONTENTS.—The report submitted under paragraph (1)
shall include—
(A) an assessment by the Administrator of any administrative or financial benefits of the pilot program;
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(B) an assessment by the Administrator of the effect,
including any savings in time and cost, of the pilot program;
(C) any identified legal or other obstacles to increasing
the amount of debris recycled after a major disaster;
(D) any other findings and conclusions of the Administrator with respect to the pilot program; and
(E) any recommendations of the Administrator for additional authority to continue or make permanent the pilot
program.
(c) DEADLINE FOR INITIATION OF IMPLEMENTATION.—The Administrator shall initiate implementation of the pilot program under
this section not later than 90 days after the date of enactment of
this Act.
(d) PILOT PROGRAM PROJECT DURATION.—The Administrator
may not approve a project under the pilot program under this section after December 31, 2008.
SEC. 689k. DISPOSAL OF UNUSED TEMPORARY HOUSING UNITS.
(a) IN GENERAL.—Notwithstanding section 408(d)(2)(B)
of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(d)(2)(B)), if the Administrator authorizes the disposal
of an unused temporary housing unit that is owned by the Agency
on the date of enactment of this Act and is not used to house individuals or households under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) after
that date, such unit shall be disposed of under subchapter III of
chapter 5 of subtitle I of title 40, United States Code.
(b) TRIBAL GOVERNMENTS.—Housing units described in subsection (a) shall be disposed of in coordination with the Department
of the Interior or other appropriate agencies in order to transfer
such units to tribal governments if appropriate.
Subtitle F—Prevention of Fraud, Waste,
and Abuse
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SEC. 691. ADVANCE CONTRACTING.
(a) INITIAL REPORT.—
(1) IN GENERAL.—Not later
than 180 days after the date of
enactment of this Act, the Administrator shall submit a report
under paragraph (2) identifying—
(A) recurring disaster response requirements, including
specific goods and services, for which the Agency is capable
of contracting for in advance of a natural disaster or act
of terrorism or other man-made disaster in a cost effective
manner;
(B) recurring disaster response requirements, including
specific goods and services, for which the Agency can not
contract in advance of a natural disaster or act of terrorism
or other man-made disaster in a cost effective manner; and
(C) a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective.
(2) SUBMISSION.—The report under paragraph (1) shall be
submitted to the appropriate committees of Congress.
(b) ENTERING INTO CONTRACTS.—
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(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall enter into 1 or
more contracts for each type of goods or services identified
under subsection (a)(1)(A), and in accordance with the contracting strategy identified in subsection (a)(1)(C). Any contract
for goods or services identified in subsection (a)(1)(A) previously
awarded may be maintained in fulfilling this requirement.
(2) CONSIDERED FACTORS.—Before entering into any contract under this subsection, the Administrator shall consider
section 307 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5150), as amended by this Act.
(3) PRENEGOTIATED FEDERAL CONTRACTS FOR GOODS AND
SERVICES.—The Administrator, in coordination with State and
local governments and other Federal agencies, shall establish a
process to ensure that Federal prenegotiated contracts for goods
and services are coordinated with State and local governments,
as appropriate.
(4) PRENEGOTIATED STATE AND LOCAL CONTRACTS FOR
GOODS AND SERVICES.—The Administrator shall encourage
State and local governments to establish prenegotiated contracts
with vendors for goods and services in advance of natural disasters and acts of terrorism or other man-made disasters.
(c) MAINTENANCE OF CONTRACTS.—After the date described
under subsection (b), the Administrator shall have the responsibility
to maintain contracts for appropriate levels of goods and services in
accordance with subsection (a)(1)(C).
(d) REPORT ON CONTRACTS NOT USING COMPETITIVE PROCEDURES.—At the end of each fiscal quarter, beginning with the first
fiscal quarter occurring at least 90 days after the date of enactment
of this Act, the Administrator shall submit a report on each disaster
assistance contract entered into by the Agency by other than competitive procedures to the appropriate committees of Congress.
SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
(a) REGULATIONS.—The Secretary shall promulgate regulations
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applicable to contracts described in subsection (c) to minimize the
excessive use by contractors of subcontractors or tiers of subcontractors to perform the principal work of the contract.
(b) SPECIFIC REQUIREMENT.—At a minimum, the regulations
promulgated under subsection (a) shall preclude a contractor from
using subcontracts for more than 65 percent of the cost of the contract or the cost of any individual task or delivery order (not including overhead and profit), unless the Secretary determines that such
requirement is not feasible or practicable.
(c) COVERED CONTRACTS.—This section applies to any cost-reimbursement type contract or task or delivery order in an amount
greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403)) entered into by the Department to facilitate response to or recovery from a natural disaster or act of terrorism or other manmade disaster.
SEC. 693. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER
EXPENDITURES.
(a) AUTHORITY OF ADMINISTRATOR TO DESIGNATE FUNDS FOR
OVERSIGHT ACTIVITIES.—The Administrator may designate up to 1
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106
percent of the total amount provided to a Federal agency for a mission assignment as oversight funds to be used by the recipient agency for performing oversight of activities carried out under the Agency reimbursable mission assignment process. Such funds shall remain available until expended.
(b) USE OF FUNDS.—
(1) TYPES OF OVERSIGHT ACTIVITIES.—Oversight funds may
be used for the following types of oversight activities related to
Agency mission assignments:
(A) Monitoring, tracking, and auditing expenditures of
funds.
(B) Ensuring that sufficient management and internal
control mechanisms are available so that Agency funds are
spent appropriately and in accordance with all applicable
laws and regulations.
(C) Reviewing selected contracts and other activities.
(D) Investigating allegations of fraud involving Agency
funds.
(E) Conducting and participating in fraud prevention
activities with other Federal, State, and local government
personnel and contractors.
(2) PLANS AND REPORTS.—Oversight funds may be used to
issue the plans required under subsection (e) and the reports required under subsection (f).
(c) RESTRICTION ON USE OF FUNDS.—Oversight funds may not
be used to finance existing agency oversight responsibilities related
to direct agency appropriations used for disaster response, relief,
and recovery activities.
(d) METHODS OF OVERSIGHT ACTIVITIES.—
(1) IN GENERAL.—Oversight activities may be carried out by
an agency under this section either directly or by contract. Such
activities may include evaluations and financial and performance audits.
(2) COORDINATION OF OVERSIGHT ACTIVITIES.—To the extent
practicable, evaluations and audits under this section shall be
performed by the inspector general of the agency.
(e) DEVELOPMENT OF OVERSIGHT PLANS.—
(1) IN GENERAL.—If an agency receives oversight funds for
a fiscal year, the head of the agency shall prepare a plan describing the oversight activities for disaster response, relief, and
recovery anticipated to be undertaken during the subsequent fiscal year.
(2) SELECTION OF OVERSIGHT ACTIVITIES.—In preparing the
plan, the head of the agency shall select oversight activities
based upon a risk assessment of those areas that present the
greatest risk of fraud, waste, and abuse.
(3) SCHEDULE.—The plan shall include a schedule for conducting oversight activities, including anticipated dates of completion.
(f) FEDERAL DISASTER ASSISTANCE ACCOUNTABILITY REPORTS.—A Federal agency receiving oversight funds under this section shall submit annually to the Administrator and the appropriate committees of Congress a consolidated report regarding the
use of such funds, including information summarizing oversight activities and the results achieved.
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(g) DEFINITION.—In this section, the term ‘‘oversight funds’’
means funds referred to in subsection (a) that are designated for use
in performing oversight activities.
SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by striking section 307
and inserting the following:
‘‘SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS.
‘‘(a) CONTRACTS OR AGREEMENTS WITH PRIVATE ENTITIES.—
‘‘(1) IN GENERAL.—In the expenditure of Federal funds
for
debris clearance, distribution of supplies, reconstruction, and
other major disaster or emergency assistance activities which
may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the
extent feasible and practicable, to those organizations, firms,
and individuals residing or doing business primarily in the
area affected by such major disaster or emergency.
‘‘(2) CONSTRUCTION.—This subsection shall not be considered to restrict the use of Department of Defense resources
under this Act in the provision of assistance in a major disaster.
‘‘(3) SPECIFIC GEOGRAPHIC AREA.—In carrying out this section, a contract or agreement may be set aside for award based
on a specific geographic area.
‘‘(b) IMPLEMENTATION.—
‘‘(1) CONTRACTS NOT TO ENTITIES IN AREA.—Any expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or
agreement with private organizations, firms, or individuals, not
awarded to an organization, firm, or individual residing or
doing business primarily in the area affected by such major disaster shall be justified in writing in the contract file.
‘‘(2) TRANSITION.—Following the declaration of an emergency or major disaster, an agency performing response, relief,
and reconstruction activities shall transition work performed
under contracts in effect on the date on which the President declares the emergency or major disaster to organizations, firms,
and individuals residing or doing business primarily in any
area affected by the major disaster or emergency, unless the
head of such agency determines that it is not feasible or practicable to do so.
‘‘(c) PRIOR CONTRACTS.—Nothing in this section shall be construed to require any Federal agency to breach or renegotiate any
contract in effect before the occurrence of a major disaster or emergency.’’.
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SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE
CONTRACTS.
(a) REGULATIONS.—The Secretary shall promulgate regulations
applicable to contracts described in subsection (c) to restrict the contract period of any such contract entered into using procedures other
than competitive procedures pursuant to the exception provided in
paragraph (2) of section 303(c) of the Federal Property and Admin-
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istrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum
contract period necessary—
(1) to meet the urgent and compelling requirements of the
work to be performed under the contract; and
(2) to enter into another contract for the required goods or
services through the use of competitive procedures.
(b) SPECIFIC CONTRACT PERIOD.—The regulations promulgated
under subsection (a) shall require the contract period to not to exceed 150 days, unless the Secretary determines that exceptional circumstances apply.
(c) COVERED CONTRACTS.—This section applies to any contract
in an amount greater than the simplified acquisition threshold (as
defined by section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403)) entered into by the Department to facilitate response to or recovery from a natural disaster, act of terrorism, or
other man-made disaster.
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SEC. 696. FRAUD, WASTE, AND ABUSE CONTROLS.
(a) IN GENERAL.—The Administrator shall ensure
that—
(1) all programs within the Agency administering Federal
disaster relief assistance develop and maintain proper internal
management controls to prevent and detect fraud, waste, and
abuse;
(2) application databases used by the Agency to collect information on eligible recipients must record disbursements;
(3) such tracking is designed to highlight and identify ineligible applications; and
(4) the databases used to collect information from applications for such assistance must be integrated with disbursements
and payment records.
(b) AUDITS AND REVIEWS REQUIRED.—The Administrator shall
ensure that any database or similar application processing system
for Federal disaster relief assistance programs administered by the
Agency undergoes a review by the Inspector General of the Agency
to determine the existence and implementation of such internal controls required under this section and the amendments made by this
section.
(c) VERIFICATION MEASURES FOR INDIVIDUALS AND HOUSEHOLDS PROGRAM.—Section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
‘‘(i) VERIFICATION MEASURES.—In carrying out this section, the
President shall develop a system, including an electronic database,
that shall allow the President, or the designee of the President, to—
‘‘(1) verify the identity and address of recipients of assistance under this section to provide reasonable assurance that
payments are made only to an individual or household that is
eligible for such assistance;
‘‘(2) minimize the risk of making duplicative payments or
payments for fraudulent claims under this section;
‘‘(3) collect any duplicate payment on a claim under this
section, or reduce the amount of subsequent payments to offset
the amount of any such duplicate payment;
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‘‘(4) provide instructions to recipients of assistance under
this section regarding the proper use of any such assistance, regardless of how such assistance is distributed; and
‘‘(5) conduct an expedited and simplified review and appeal
process for an individual or household whose application for
assistance under this section is denied.’’.
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SEC. 697. REGISTRY OF DISASTER RESPONSE CONTRACTORS.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘registry’’ means the registry created under
subsection (b); and
(2) the terms ‘‘small business concern’’, ‘‘small business concern owned and controlled by socially and economically disadvantaged individuals’’, ‘‘small business concern owned and
controlled by women’’, and ‘‘small business concern owned and
controlled by service-disabled veterans’’ have the meanings
given those terms under the Small Business Act (15 U.S.C. 631
et seq.).
(b) REGISTRY.—
(1) IN GENERAL.—The Administrator shall establish and
maintain a registry of contractors who are willing to perform
debris removal, distribution of supplies, reconstruction, and
other disaster or emergency relief activities.
(2) CONTENTS.—The registry shall include, for each business concern—
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business concern;
(D) the type of good or service provided by the business
concern;
(E) the bonding level of the business concern; and
(F) whether the business concern is—
(i) a small business concern;
(ii) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
(iii) a small business concern owned and controlled by women; or
(iv) a small business concern owned and controlled
by service-disabled veterans.
(3) SOURCE OF INFORMATION.—
(A) SUBMISSION.—Information maintained in the registry shall be submitted on a voluntary basis and be kept
current by the submitting business concerns.
(B) ATTESTATION.—Each business concern submitting
information to the registry shall submit—
(i) an attestation that the information is true; and
(ii) documentation supporting such attestation.
(C) VERIFICATION.—The Administrator shall verify that
the documentation submitted by each business concern supports the information submitted by that business concern.
(4) AVAILABILITY OF REGISTRY.—The registry shall be made
generally available on the Internet site of the Agency.
(5) CONSULTATION OF REGISTRY.—As part of the acquisition
planning for contracting for debris removal, distribution of supplies in a disaster, reconstruction, and other disaster or emer-
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110
gency relief activities, a Federal agency shall consult the registry.
SEC. 698. FRAUD PREVENTION TRAINING PROGRAM.
The Administrator shall develop and implement a program to
provide training on the prevention of waste, fraud, and abuse of
Federal disaster relief assistance relating to the response to or recovery from natural disasters and acts of terrorism or other man-made
disasters and ways to identify such potential waste, fraud, and
abuse.
Subtitle G—Authorization of
Appropriations
SEC. 699. AUTHORIZATION OF APPROPRIATIONS.
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There are authorized to be appropriated to carry out this title
and the amendments made by this title for the administration and
operations of the Agency—
(1) for fiscal year 2008, an amount equal to the amount appropriated for fiscal year 2007 for administration and operations of the Agency, multiplied by 1.1;
(2) for fiscal year 2009, an amount equal to the amount described in paragraph (1), multiplied by 1.1; and
(3) for fiscal year 2010, an amount equal to the amount described in paragraph (2), multiplied by 1.1.
SEC. 699A. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in this title shall be treated as referring only to the provisions of this title.
This Act may be cited as the ‘‘Department of Homeland Security
Appropriations Act, 2007’’.
And the Senate agree to the same.
HAROLD ROGERS,
ZACH WAMP,
TOM LATHAM,
JO ANN EMERSON,
JOHN E. SWEENEY,
JIM KOLBE,
ANDER CRENSHAW,
JOHN R. CARTER,
JERRY LEWIS,
MARTIN OLAV SABO,
DAVID E. PRICE,
JOSE´ E. SERRANO,
LUCILLE ROYBAL-ALLARD,
SANFORD D. BISHOP,
MARION BERRY,
CHET EDWARDS,
DAVID R. OBEY,
Managers on the Part of the House.
JUDD GREGG,
THAD COCHRAN,
TED STEVENS,
ARLEN SPECTER,
PETE V. DOMENICI,
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RICHARD C. SHELBY,
LARRY E. CRAIG,
R.F. BENNETT,
WAYNE ALLARD,
ROBERT C. BYRD,
DANIEL K. INOUYE,
PATRICK J. LEAHY,
BARBARA A. MIKULSKI,
HERB KOHL,
PATTY MURRAY,
HARRY REID,
DIANNE FEINSTEIN,
Managers on the Part of the Senate.
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HR699
JOINT EXPLANATORY STATEMENT
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 5441), making appropriations for the Department of Homeland Security (DHS) for the
fiscal year ending September 30, 2007, and for other purposes, submit the following joint statement to the House and the Senate in
explanation of the effects of the action agreed upon by the managers and recommended in the accompanying conference report.
Senate Amendment: The Senate deleted the entire House bill
after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill. Throughout the accompanying explanatory statement, the managers refer to the Committee and the Committees on Appropriations. Unless otherwise
noted, in both instances, the managers are referring to the House
Subcommittee on Homeland Security and the Senate Subcommittee
on Homeland Security.
The language and allocations contained in House Report 109–
476 and Senate Report 109–273 should be complied with unless
specifically addressed to the contrary in the conference report and
statement of managers. The statement of managers, while repeating some report language for emphasis, does not intend to negate
the language referred to above unless expressly provided herein. In
cases where both the House and Senate reports address a particular issue not specifically addressed in the conference report or
joint statement of managers, the conferees have determined the
House report and the Senate report are not inconsistent and are
to be interpreted accordingly. In cases where the House or Senate
report directs the submission of a report, such report is to be submitted to both Committees on Appropriations. Further, in a number of instances, House Report 109–476 and Senate Report 109–
273 direct agencies to report to the Committees by specific dates.
In those instances, and unless alternative dates are provided in the
accompanying explanatory statement, agencies are directed to provide these reports to the Committees on Appropriations no later
than January 23, 2007.
CLASSIFIED PROGRAMS
Recommended adjustments to classified programs are addressed in a classified annex accompanying this statement of managers.
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE
OF THE
SECRETARY
AND
EXECUTIVE MANAGEMENT
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The conferees agree to provide $94,470,000 instead of
$83,684,000 as proposed by the House and $82,622,000 as proposed
(113)
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by the Senate. The conferees have made reductions to the budget
request due to a large number of vacancies and unobligated balances within certain offices. Funding shall be allocated as follows:
Immediate Office of the Secretary ........................................................
Immediate Office of the Deputy Secretary ..........................................
Chief of Staff ..........................................................................................
Office of Counternarcotics Enforcement ..............................................
Executive Secretary ...............................................................................
Office of Policy .......................................................................................
Secure Border Coordination Office .......................................................
Office of Public Affairs ..........................................................................
Office of Legislative and Intergovernmental Affairs ..........................
Office of General Counsel ......................................................................
Office of Civil Rights and Liberties ......................................................
Citizenship and Immigration Services Ombudsman ..........................
Privacy Officer .......................................................................................
$2,540,000
1,185,000
2,560,000
2,360,000
4,450,000
29,305,000
4,500,000
6,000,000
5,449,000
12,759,000
13,000,000
5,927,000
4,435,000
Total .................................................................................................
94,470,000
COMPREHENSIVE PORT, CONTAINER, AND CARGO SECURITY STRATEGY
The conferees are committed to building upon and improving
the Department’s programs directed toward port, container, and
cargo security, such as Customs and Border Protection’s Container
Security Initiative and Customs-Trade Partnership Against Terrorism; the Coast Guard’s port security patrols and facility operations; and Science and Technology’s cargo security research programs. The conferees believe these programs must evolve to combat
new and emerging threats, as well as to support the continuous
growth of international trade. To date, DHS has not produced a
strategic plan for this critical mission area. To address this issue,
the conferees withhold $5,000,000 from obligation from the Office
of the Secretary and Executive Management until the Secretary
submits a port, container, and cargo security strategic plan to the
Committees on Appropriations; the Senate Committee on Commerce, Science and Transportation; the Senate Committee on
Homeland Security and Governmental Affairs; and the House Committee on Homeland Security. This plan shall comply with all reporting and performance requirements specified in the House report.
SECURE BORDER INITIATIVE STRATEGIC PLAN
The conferees direct the Secretary to submit the Secure Border
Initiative multi-year strategic plan to the Committees on Appropriations, the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Homeland Security,
and the Committees on the Judiciary. This plan shall demonstrate
how the Department of Homeland Security (DHS) will obtain operational control of the borders in five years, as specified in bill language. The conferees withhold $10,000,000 from obligation from
the Office of the Secretary and Executive Management until the
Secretary submits this plan.
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OFFICE
OF
POLICY
The conferees agree to provide $29,305,000 for the Office of
Policy instead of $27,093,000 as proposed by the House and
$31,093,000 as proposed by the Senate. Within this total, funding
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has been provided for policy oversight for the Secure Border Initiative, screening coordination and operations, as well as a technical
full-time equivalent (FTE) adjustment. The Secure Border Coordination Office is funded as an independent office.
The conferees support a strong, centralized Office of Policy to
further the Department’s mission. The conferees are concerned the
office is becoming too compartmentalized and encourage the office
to remain flexible to address the most pressing policy issues confronting the Department, both in the short and long term.
SECURE BORDER COORDINATION OFFICE
The conferees agree to provide $4,500,000 for the Secure Border Coordination Office, instead of $5,000,000 as proposed by the
House for the Secure Border Initiative Program Executive Office
(SBI PEO) and $4,000,000 as proposed by the Senate for the SBI
PEO within the Office of Policy. Funds provided above the budget
request are to enhance program planning and performance management.
The conferees fund the Secure Border Coordination Office as a
distinct office within the Office of the Secretary and Executive
Management because it is a functional office charged with the integration of the Department’s border security and immigration enforcement programs rather than formulation of policy. The Office
of Policy, in the Office of the Secretary, will continue to have an
oversight responsibility for policy related to the Secure Border Initiative.
The conferees view the Secure Border Coordination Office as
the focal point for the Department’s transition from a fragmented
and stove-piped border security organization to an integrated system capable of producing real results. This is illustrated by the
data contained within the September 2006 bi-monthly status report
on DHS’ border security performance. The conferees note both the
quality of this report as a standard for DHS to emulate and recognize the timeliness with which the report was submitted. The conferees direct the Secure Border Coordination Office to continue to
submit bi-monthly status reports through the end of fiscal year
2007, as specified by the House correspondence dated June 21,
2006, and direct the Secretary to ensure all information contained
within the report is appropriately classified.
The conferees provide considerable resources to border security
and immigration enforcement in this Act as well as in fiscal year
2006 appropriations and view the Secure Border Coordination Office as accountable for linking these resources to the stated goal of
gaining operational control of our borders within five years. The
conferees expect to see a detailed justification for the staffing and
resources of this office within the fiscal year 2008 budget request.
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OFFICE
OF
COUNTERNARCOTICS ENFORCEMENT
The conferees agree to provide $2,360,000 for a separate Office
of Counternarcotics Enforcement, as proposed by the Senate, instead of $2,741,000 within the Office of Chief of Staff as proposed
by the House. The conferees view this office as responsible for monitoring the resource needs of the traditional counternarcotics func-
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tions of the DHS agencies, as well as examining the nexus of drugs
and terrorism. The conferees agree that this office does not belong
within the Office of the Chief of Staff and have provided for the establishment of an independent office within the Office of the Secretary and Executive Management. However, the conferees question the necessity and efficacy of separating this office from the Office of Policy given its analysis and policy formulation mission and
encourage DHS to consider this as part of its fiscal year 2008 budget submission.
The Office is directed to report, in conjunction with the fiscal
year 2008 budget request, on its annual productivity and performance as directed in the House report.
EXECUTIVE SECRETARY
The conferees agree to provide $4,450,000 for the Executive
Secretary instead of $5,001,000 as proposed by the House and
$4,090,000 as proposed by the Senate. Within this funding level,
the conferees agree to the technical FTE adjustment and associated
funding as requested and one additional full-time position. In late
2005, the Executive Secretary was charged with improving responsiveness to Congress by responding to Congressional inquiries
within two weeks. The conferees direct the Executive Secretary to
report quarterly, with the first report due on January 31, 2007, on
its success meeting this two-week goal and its plans to sustain this
standard given the volume of Congressional interest in DHS issues.
TRAINING
The conferees direct the Secretary to brief the Committees on
Appropriations on the inventory of funds supporting training in the
Preparedness Directorate and the Federal Emergency Management
Agency (FEMA) in fiscal year 2007 as discussed in the House report. In addition, the conferees direct that greater detail be included as part of the fiscal year 2008 Congressional budget justifications.
CONTRACT STAFF
The conferees agree with Senate language directing the Secretary to update its contract staffing report, no later than February
8, 2007, to include data for fiscal year 2006, projected contract staff
for fiscal year 2007, and plans to reduce these types of contract employees.
GRANT AWARDS
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The conferees continue to be disappointed by the Department’s
slow pace of awarding important security funds to state and local
governments. Therefore, bill language is included under Grants
and Training requiring port, rail and transit, trucking, intercity
bus, and buffer zone protection grants, as well as State Homeland
Security Grants, Law Enforcement Terrorism Prevention, and
Urban Area Security Initiative funds to be awarded by a date certain in fiscal year 2007.
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UNOBLIGATED BALANCES
The Office of the Secretary and Executive Management appears to continue to lack an appropriate plan for use of available
funding, as unobligated dollars remain high throughout the year.
The conferees are particularly disappointed the Office of Civil
Rights and Liberties, the Citizenship and Immigration Services
Ombudsman, and the Privacy Officer are not using available resources to meet growing responsibilities. The Department is directed to provide the Committees on Appropriations with an expenditure plan for these offices no later than November 1, 2006.
VANCOUVER OLYMPICS
The conferees direct the Secretary to conduct a review, in conjunction with appropriate Washington State and Canadian entities,
and to report to the Committees on Appropriations, the Senate
Committee on Homeland Security and Governmental Affairs, and
the House Committee on Homeland Security, within six months
after enactment of this Act, on all relevant security issues related
to the 2010 Vancouver Olympic and Paralympic Games, including
expected increases in border flow, necessary enhancements to border security, estimated border crossing wait times, and the need for
additional border personnel. The Secretary, in coordination with
the Secretary of State, the Federal Communications Commission,
and relevant agencies in the States of Alaska, Idaho, Montana, Oregon, and Washington, shall also evaluate the technical and operational interoperability challenges facing regional, local, state, and
federal authorities in preparing for the 2010 Olympic and
Paralympic Games. The conferees direct the Secretary to submit a
plan to address these challenges to the Committees on Appropriations; the Senate Committee on Commerce, Science, and Transportation; the Senate Committee on Homeland Security and Governmental Affairs; the House Committee on Homeland Security; and
the House Committee on Energy and Commerce, six months after
enactment of this Act.
DATA-MINING
The conferees continue to be concerned with the Department’s
possible use or development of data-mining technology and direct
the DHS Privacy Officer to submit a report consistent with the
terms and conditions listed in section 549 of the Senate bill. The
conferees expect the report to include information on how it has
implemented the recommendations laid out in the Department’s
data-mining report received July 18, 2006.
TRANSFER AUTHORITY
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The conferees direct the Secretary to provide the Committees
on Appropriations a report by November 1, 2006, with any recommendations for transfers, reprogrammings, and if appropriate,
budget requests, pursuant to 31 USC 1105, in order to implement
new authorities contained in Title VI.
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OFFICE
OF THE
UNDER SECRETARY
FOR
MANAGEMENT
The conferees agree to provide $153,640,000 instead of
$70,489,000 as proposed by the House and $163,456,000 as proposed by the Senate. The conferees have made reductions to the
budget request due to a large number of vacancies and unobligated
balances within certain offices. Funding shall be allocated as follows:
Under Secretary for Management ........................................................
Office of Security ...................................................................................
Office of the Chief Procurement Officer ...............................................
Office of the Chief Human Capital Officer ..........................................
MAX–HR Human Resource System .....................................................
Office of the Chief Administrative Officer ...........................................
Nebraska Avenue Complex (DHS headquarters) ................................
$1,870,000
52,640,000
16,895,000
8,811,000
25,000,000
40,218,000
8,206,000
Total .................................................................................................
153,640,000
OFFICE
OF THE
CHIEF PROCUREMENT OFFICER
The conferees have fully funded the budget request for the Office of the Chief Procurement Officer. Because the Department has
experienced numerous procurement problems, the conferees support the Department’s efforts to hire more procurement staff both
within this office, as well as within a variety of DHS components.
The Chief Procurement Officer shall develop a procurement oversight plan, identifying necessary oversight resources and how improvements in the Department’s performance of its procurement
functions will be achieved. This plan shall be provided to the Committees on Appropriations and the Government Accountability Office (GAO) no later than January 23, 2007. The conferees direct
GAO to brief the Committees no later than April 16, 2007, on their
analysis of this plan.
The conferees direct GAO to review DHS compliance during
fiscal years 2005–06 with section 503(a)(5) of P.L. 108–334 and P.L.
109–90, which prohibit DHS from reprogramming funds that were
appropriated for federal FTEs for contracting out similar functions,
and report to the Committees on Appropriations by March 1, 2007.
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HEADQUARTERS
While the conferees have fully funded the budget request of
$8,206,000 for enhancements to the DHS headquarters on Nebraska Avenue, no funding has been provided to move the U.S.
Coast Guard headquarters to the St. Elizabeths complex. This
move has been proposed as the first phase to consolidate most or
all of DHS at the St. Elizabeths campus. However, the Department
is unable to elaborate on the reasons why St. Elizabeths is the best
location for a permanent DHS headquarters, what other sites have
been considered, which specific components would move to that
site, the total space requirements for DHS headquarters, and the
total costs associated with using the St. Elizabeths site as a headquarters location. The Department must develop a comprehensive
long-term plan for the future location of all DHS offices and components, rather than the piecemeal approach currently being used. As
such, the conferees prohibit the Department from relocating the
Coast Guard’s headquarters, or any other DHS component, until
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DHS completes a new, comprehensive headquarters master plan
and submits a prospectus for Congressional review and approval.
In addition, the conferees direct the Department to regularly update the Committees on Appropriations on the expenditure of funds
provided to improve the current DHS headquarters on Nebraska
Avenue, as specified in the Senate report.
MAX–HR HUMAN RESOURCES SYSTEM
The conferees agree to provide $25,000,000 for the MAX–HR
human resources system and direct the Secretary to submit an updated expenditure plan to the Committees on Appropriations within 90 days after enactment of this Act. This plan shall list all contract obligations, by contractor and year, and include the purpose
of the contract.
OFFICE
OF THE
CHIEF FINANCIAL OFFICER
The conferees agree to provide $26,000,000 instead of
$43,480,000 as proposed by the House and $26,018,000 as proposed
by the Senate. A slight funding reduction has been made to the
budget request due to the large number of vacancies.
RESOURCE MANAGEMENT TRANSFORMATION OFFICE (EMERGE2)
The conferees provide no funding for the Resource Management Transformation Office (eMerge2) as proposed by the Senate,
instead of $18,000,000 for eMerge2 as proposed by the House. The
conferees understand DHS has moved away from the original system-centric eMerge2 program and has determined necessary improvements for the Resource Management Transformation Office
should also encompass training, financial policy, process changes,
and internal controls. Because DHS has about $40,000,000 in unobligated balances from eMerge2 funding provided to the Office of the
Chief Information Officer (CIO), the conferees direct the Chief Financial Officer (CFO) to use these remaining funds for financial
management improvements, and to continue to coordinate systems
improvements with the CIO. The CFO must submit an expenditure
plan for these remaining funds by November 15, 2006.
SHARED SERVICES
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In spite of clear direction in sections 503 and 504, the conferees are dismayed by an apparent disregard for consistent and
transparent budget execution within the Preparedness Directorate.
Sections 503 and 504 delineate permissible transfer authority and
require notification to the Committees on Appropriations; the conferees are concerned that these transfers exceeded the limits set
forth in those general provisions, particularly with regard to funding new activities. As a result, the conferees direct the CFO to review the use of shared services throughout the Department and
specifically within Preparedness to ensure that they are in compliance with appropriation law and the proper use of the Economy
Act. Such blatant disregard of the Appropriations Act will not be
tolerated again.
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ALIGNING RESOURCES TO MISSION
The conferees are concerned about the ability of some Departmental agencies to effectively align resource requirements to workload and mission needs. To address this issue, the conferees have
included specific reporting requirements and/or re-aligned the funding structure of select agencies experiencing difficulty aligning resources to mission, such as U.S. Customs and Border Protection,
Federal Protective Service, Science and Technology Directorate, Infrastructure Protection and Information Security, and U.S. Secret
Service. The conferees are committed to improving the budgetary
systems of these components and recognize the CFO’s efforts in
mission cost modeling across the entire Department. In the case of
the Secret Service, the conferees provide funding through an entirely new appropriations account structure and recognize this may
pose unique challenges. The conferees direct the CFO to support
the Secret Service’s transition to this new account structure by assisting the agency in the improvement of its budget execution and
real-time tracking of resource hours.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The conferees direct the CFO to submit all of its fiscal year
2008 budget justifications (classified and unclassified) concurrent
with the submission of the President’s budget request and at the
level of detail specified in the House report. In addition, the annual
appropriations justifications should include explicit information by
appropriations account, program, project, and activity on all reimbursable agreements and uses of the Economy Act exceeding
$50,000.
jcorcoran on PRODPC62 with REPORTS
MONTHLY EXECUTION AND STAFFING REPORTS
Both the House and Senate Committees have been repeatedly
frustrated over the Department’s inability to provide a monthly
budget execution report detailing the status of the total
obligational authority available and the status of allotting, obligating and expending these funds by each agency. For the past two
years, the CFO has been unable to provide this required monthly
report on a timely basis. The conferees modify and retain a general
provision (section 531) requiring the submission of this data, including the Working Capital Fund, at the level of detail shown in
the table of detailed funding levels displayed at the end of the
statement of managers accompanying this Act. The monthly budget
execution report shall include total obligational authority appropriated (new budget authority plus unobligated carryover), undistributed obligational authority, amount allotted, current year obligations, unobligated authority (the difference between total
obligational authority and current year obligations), beginning unexpended obligations, year-to-date expenditures, and year-end unexpended obligations, of the Department of Homeland Security.
This monthly report must also include on-board versus funded fulltime equivalent staffing levels, as proposed by the Senate. The conferees direct this report to be submitted not more than 45 days
after the close of each month. Based on the Department’s historical
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ability to deliver the reports on a timely basis, the conferees will
revisit the bill provision in future appropriations Acts.
IMPROPER PAYMENTS
The conferees are concerned the Department is not complying
with the Improper Payments Information Act of 2002. The Department reported in its fiscal year 2005 Performance and Accountability Report that none of its programs were deemed to be at significant risk of making improper payments, despite the fact that
GAO found problems with billions of dollars in payments responding to Hurricanes Katrina and Rita. According to the Office of
Management and Budget Memorandum 30–13, ‘‘significant’’ is defined to mean at least 2.5 percent of all payments made are improper, and the absolute dollar figure associated with that 2.5 percent or more totals at least $10,000,000. The Improper Payment Information Act requires federal programs and activities deemed to
be at ‘‘significant’’ risk of making improper payments to report improper payment information to Congress. The conferees expect the
Department to comply with the Improper Payments Information
Act.
OFFICE
OF THE
CHIEF INFORMATION OFFICER
The conferees agree to provide $349,013,000 for the Office of
the Chief Information Officer (CIO) instead of $364,765,000 as proposed by the House and $306,765,000 as proposed by the Senate.
Funding shall be allocated as follows:
Salaries and Expenses ...........................................................................
Information Technology Services ..........................................................
Security Activities ..................................................................................
Wireless Programs .................................................................................
Homeland Secure Data Network ..........................................................
$79,521,000
61,013,000
89,387,000
86,438,000
32,654,000
Total .................................................................................................
$349,013,000
EMERGE2
The conferees direct the CIO to use the remaining unobligated
balances of approximately $40,000,000 from the eMerge2 program
for financial management improvements, and to continue to coordinate systems improvements with the Chief Financial Officer.
INFORMATION TECHNOLOGY OVERSIGHT
The conferees support language contained in the House report
on information technology oversight and direct that no funds be
made available in this Act for obligation for any information technology procurement of $2,500,000 or more without approval of the
DHS CIO. These procurements must conform to DHS’ Enterprise
Architecture or justify any deviation from it.
jcorcoran on PRODPC62 with REPORTS
NATIONAL CENTER FOR CRITICAL INFORMATION PROCESSING AND
STORAGE (NCCIPS)
The conferees agree to include $53,000,000 for NCCIPS data
centers. Of these funds, $12,000,000 shall be provided for the ongoing efforts to develop and transition the Department’s multiple
data centers to the NCCIPS. The conferees support the Senate’s
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recommendation to identify and secure the NCCIPS secondary site
and provide the remaining $41,000,000 for those activities. To provide for continuity of operations and fulfill back-up requirements,
the conferees direct the secondary facility and infrastructure be at
a separate remote location and the site selection be conducted in
a fair and open evaluation process. NCCIPS is intended to migrate
and consolidate critical infrastructure information, thereby reducing unnecessary and duplicative investments by the government.
The conferees believe that integrating the multiple centers and infrastructure to the primary and secondary NCCIPS data centers
will present significant opportunities for cost saving and provide
the best investment for DHS critical information requirements.
In consolidating the data centers to the NCCIPS, consistent
with section 888 of Public Law 107–296, the conferees instruct the
Department to implement the consolidation plan in a manner that
shall not result in a reduction to the Coast Guard’s Operations System Center mission or its government-employed or contract staff
levels.
COMMON OPERATING PICTURE
The conferees acknowledge that DHS has made significant
progress developing systems such as the Homeland Security Information Network, U.S. Public Private Partnership, and Infrastructure Critical Asset Viewer, which facilitate communications, situational awareness, and provide for the sharing of information between DHS and its federal, state, local, and commercial partners.
These systems each address a specific functional or customer requirement and lay the groundwork for a comprehensive national
incident prevention and response system. The conferees encourage
DHS to continue developing these types of systems and the DHS
CIO to integrate all federal systems into a common architecture
that would address a broader functional and customer base to include integration with state fusion centers.
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE—12
The conferees understand the Department and other federal
agencies are attempting to comply with the Homeland Security
Presidential Directive–12 mandate to begin using Personal Identity
Verification (PIV) cards for new employees and contractors by October 27, 2006. The conferees provide the requested amount of
$2,966,000 for the Smartcard program. The conferees encourage
the Department to work expeditiously toward implementation of
PIV, card life cycle management and certificate services and provide to the Committees on Appropriations a briefing on the Department’s plans to implement this directive by December 1, 2006.
ANALYSIS
AND
OPERATIONS
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The conferees agree to provide $299,663,000 for Analysis and
Operations instead of $298,663,000 as proposed by the House and
the Senate. Up to $1,000,000 is for an independent study on the
feasibility of creating a counter terrorism intelligence agency.
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SITUATIONAL AWARENESS TEAMS
The conferees direct the National Operations Center and Immigration and Customs Enforcement (ICE) to brief the Committees
on Appropriations, with written materials, on the number and composition of the situational awareness teams, their locations, actual
and planned deployments in fiscal years 2006 and 2007, impacts of
the operations on ICE, and the associated budgets and staffing resource needs.
FUSION CENTERS
The conferees support language contained in the House report
on fusion centers and direct the Department to report on the role
of these fusion centers, the total number of operational fusion centers, their effectiveness, their funding sources and amounts, and
where additional fusion centers are necessary.
OPERATIONS CENTERS
The conferees support language in the Senate report on operations centers and direct the Government Accountability Office to
analyze the role of the National Operations Center and the numerous DHS component operations centers and to make recommendations regarding the operation and coordination of these centers and
report to the Committees their findings.
OFFICE
OF THE
FEDERAL COORDINATOR
REBUILDING
FOR
GULF COAST
The conferees agree to provide $3,000,000 for the Office of the
Federal Coordinator for Gulf Coast Rebuilding as proposed by the
House instead of no funding as proposed by the Senate. Within the
funding provided, $1,000,000 is unavailable for obligation until the
Committees on Appropriations receive an expenditure plan for fiscal year 2007. Any funding above the amount provided must be reprogrammed or transferred in accordance with section 503 of this
Act.
OFFICE
OF INSPECTOR
GENERAL
The conferees agree to provide $85,185,000 for the Office of Inspector General instead of $96,185,000 as proposed by the House
and $90,185,000 as proposed by the Senate.
DISASTER RELIEF FUNDING
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In addition to the funding provided above, $13,500,000 is available for transfer from the Disaster Relief Fund instead of no funding as proposed by the House and $15,000,000 as proposed by the
Senate. The funds are to continue and expand audits and investigations related to the Gulf Coast hurricanes, including flood insurance issues. The Inspector General is required to notify the Committees on Appropriations no less than 15 days prior to any transfer from the Disaster Relief Fund.
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SECURE BORDER INITIATIVE
The conferees support the Secure Border Initiative (SBI), but
are concerned that major technology contracts that are expected to
be awarded through the SBI program require substantial management and oversight. The conferees direct the Inspector General to
review and report on any contract or task order relating to the SBI
program valued at more than $20,000,000. These reviews should
begin no earlier than 180 days after a contract has been awarded.
ANALYSIS, DISSEMINATION, VISUALIZATION, INSIGHT AND SEMANTIC
ENHANCEMENT (ADVISE) PROGRAM
The ADVISE program is designed to extract relationships and
correlations from large amounts of data to produce actionable intelligence on terrorists. A prototype is currently available to analysts
in Intelligence and Analysis using departmental and other data, including some on U.S. citizens. The conferees understand up to
$40,000,000 has been obligated for ADVISE. The ADVISE program
plan, total costs and privacy impacts are unclear and therefore the
conferees direct the Inspector General to conduct a comprehensive
program review and report within nine months of enactment of this
Act.
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY (US–VISIT)
The conferees agree to provide $362,494,000 as proposed by the
House instead of $399,494,000 as proposed by the Senate. Within
this amount, $60,080,000 is available to implement 10-print enrollment capability, and to continue the development of interoperability between DHS’ Automated Biometric Identification System
(IDENT) and the Federal Bureau of Investigation’s Integrated
Automated Fingerprint Identification System (IAFIS).
STRATEGIC PLANNING
The conferees support language contained in the House and
Senate reports concerning the submission of a strategic plan for
US–VISIT. The conferees direct the strategic plan to include: the
cost and schedule of migration to a ten-fingerprint system with
interoperability of IAFIS and IDENT fingerprint databases; a complete schedule for the full implementation of the exit portion of the
program; and a plan of how US–VISIT fits into the Department’s
larger border and immigration initiatives.
jcorcoran on PRODPC62 with REPORTS
IDENT/IAFIS AND 10-PRINT ENROLLMENT
The conferees reiterate their strong support for on-going efforts
to ensure interoperability between the IDENT and IAFIS biometric
databases and are pleased with the movement towards ten-print
enrollment in US–VISIT. The conferees continue to believe that
these critical border integrity activities must occur as expeditiously
as possible.
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THE WESTERN HEMISPHERE TRAVEL INITIATIVE (WHTI)
The conferees direct the Secretary to report on the architecture
for the WHTI ‘‘PASS’’ card, as specified in the Senate report. This
report should address the Department’s plans and abilities to address all requirements included within section 546 of this Act.
UNITED STATES CUSTOMS
AND
BORDER PROTECTION
SALARIES AND EXPENSES
The conferees agree to provide $5,562,186,000, instead of
$5,433,310,000 as proposed by the House and $5,329,874,000 as
proposed by the Senate. This includes: $2,277,510,000 for border
security between ports of entry, including funds to support an additional 1,500 Border Patrol agents and an additional $20,000,000 for
Border Patrol vehicles. The conferees agree to transfer $3,100,000
for the costs of salaries, equipment, and operations for the Customs
Patrol Officers (‘‘Shadow Wolves’’) to Immigration and Customs Enforcement.
The conference agreement includes $1,860,491,000 for border
security inspections and trade facilitation, including: $34,800,000
for an additional 450 United States Customs and Border Protection
(CBP) officers; an additional $147,000,000 for non-intrusive inspection equipment; $6,800,000, as requested, for the Immigration Advisory Program; $4,750,000 to continue textile transshipment enforcement; $10,165,000, as requested, for the operations and maintenance of the Advanced Training Center; and funds to support 100
percent validation and periodic re-validation of all Customs-Trade
Partnership Against Terrorism (C–TPAT) certified partners and
100 percent manifest review of cargo shipped from all Container
Security Initiative (CSI) ports. The conferees provide $1,027,000, as
requested, for other technology investments, including the In-Bond
Cargo Container Security Program, within a consolidated program,
project, and activity for inspections, trade, and travel facilitation at
ports of entry. The conferees do not include $1,200,000, as requested, for the Fraudulent Document Analysis Unit, as proposed
by the Senate.
The conference agreement includes $175,796,000 for Air and
Marine personnel compensation and benefits, including: $5,500,000,
as requested, for the Great Falls, Montana airwing; $3,100,000 to
fully staff the Air and Marine Operations Center; $5,000,000 to activate the North Dakota airwing; and $2,800,000 to fully staff the
New York and Washington airwings.
The following table specifies funding by budget program,
project, and activity:
Headquarters, Management, and Administration:
Management and Administration, Border Security Inspections and Trade Facilitation ......................
Management and Administration, Border Security and Control between Ports of Entry .....................
jcorcoran on PRODPC62 with REPORTS
Subtotal, Headquarters Management and Administration ..........................................................
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of Entry ..............................................................
Harbor Maintenance Fee Collection (Trust Fund) .................................................................................
Container Security Initiative ..................................................................................................................
Other international programs ................................................................................................................
Customs-Trade Partnership Against Terrorism .....................................................................................
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$658,943,000
589,446,000
1,248,389,000
1,326,665,000
3,026,000
139,312,000
8,701,000
54,730,000
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Free and Secure Trade (FAST)/NEXUS/SENTRI ......................................................................................
Inspection and Detection Technology Investments ...............................................................................
Automated Targeting Systems ..............................................................................................................
National Targeting Center .....................................................................................................................
Training .................................................................................................................................................
11,243,000
241,317,000
27,298,000
23,635,000
24,564,000
Subtotal, Border Security Inspections and Trade Facilitation .....................................................
Border Security and Control between Ports of Entry:
Border Security and Control ..................................................................................................................
Training .................................................................................................................................................
1,860,491,000
Subtotal, Border Security and Control between POEs .................................................................
Air and Marine Personnel Compensation and Benefits .................................................................................
2,277,510,000
175,796,000
Total .....................................................................................................................................
5,562,186,000
2,239,586,000
37,924,000
RESOURCE ALLOCATION MODEL
The conferees are concerned with the ability of CBP to effectively align its staffing resources to its mission requirements. The
conferees direct CBP to submit by January 23, 2007, a resource allocation model for current and future year staffing requirements,
as specified by the House and Senate reports. Specifically, this report should assess optimal staffing levels at all land, air, and sea
ports of entry and provide a complete explanation of CBP’s methodology for aligning staffing levels to threats, vulnerabilities, and
workload across all mission areas.
Of particular concern is CBP’s ability to effectively process the
growing processing workload at the nation’s airports that are experiencing significant growth in passenger volume and wait times.
The conferees recognize the airports listed in the House and Senate
reports as experiencing exceptional growth in workload and processing challenges. The conferees direct CBP to include in its resource allocation model for airports the number of flights that took
longer than 60-minutes to process. The airport processing section
of the resource allocation model shall comply with the content requirements specified within the House and Senate reports. CBP
shall expand the wait time information per airport on its website,
as specified by the House and Senate reports.
HEADQUARTERS, MANAGEMENT, AND ADMINISTRATION
The conferees agree to provide $1,248,389,000 as proposed by
the House instead of $1,258,389,000 as proposed by the Senate.
The conferees are concerned with the lack of visibility into the exceptionally large CBP headquarters, management, and administration program, project, and activity levels and direct CBP to provide
a detailed justification along functional or operational lines in the
fiscal year 2008 budget request.
jcorcoran on PRODPC62 with REPORTS
PORT, CARGO, AND CONTAINER SECURITY
The conferees recognize port, cargo, and container security as
a major issue confronting CBP. To address this issue, the conferees
provide $181,800,000 for an additional 450 CBP officers and critical
non-intrusive inspection equipment and fully fund the budget request for all cargo security and trade facilitation programs within
CBP. The conferees also include stringent reporting and performance requirements for port, cargo, and container security under the
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Office of the Secretary and Executive Management. CBP is directed
to comply with all aspects of reporting requirements specified in
the statement of managers and the House report regarding the
port, cargo, and container strategic plan. The conferees encourage
CBP to prioritize the assignment of additional officers funded by
this Act to the nation’s busiest ports of entry, especially seaports.
The conferees note that sufficient funding is provided in this Act
to allow CBP to meet the strategic plan requirements of 100 percent initial validation and periodic re-validation of all C–TPAT certified partners as well as for 100 percent manifest review at all CSI
ports.
IMMIGRATION ADVISORY PROGRAM
The conferees believe CBP’s Immigration Advisory Program
(IAP) has shown great potential to prevent people who are identified as national security threats or are inadmissible from traveling
to the United States. The conferees provide $6,800,000, as requested, to support CBP’s proposed expansion of the IAP to London
and Tokyo within fiscal year 2007. The conferees direct CBP to report on the performance of the IAP no later than January 23, 2007.
AGRICULTURAL INSPECTIONS
The conferees are concerned with the steps the Department is
taking to improve the targeting of agricultural inspections and direct the Secretary to submit a report consistent with section 541
of the Senate bill.
ONE FACE AT THE BORDER INITIATIVE
The conferees recognize the benefits of cross-training legacy
customs, immigration, and agricultural inspection officers as part
of CBP’s ‘‘One Face at the Border Initiative’’ and direct CBP to ensure that all personnel assigned to primary and secondary inspection duties at ports of entry have received adequate training in all
relevant inspection functions.
METHAMPHETAMINE
The conferees direct CBP to continue to focus on methamphetamine in its reporting and analysis of trade flows to prevent the
spread of this dangerous narcotic throughout the United States.
TEXTILE TRANSSHIPMENT ENFORCEMENT
The conferees include $4,750,000 to continue textile transshipment enforcement. The conferees direct CBP to report on its
execution of the five-year strategic plan submitted to Congress, including enforcement activities, numbers of seizures and penalties
imposed, as well as a status report of personnel responsible for enforcing textile laws.
jcorcoran on PRODPC62 with REPORTS
ENFORCEMENT OF TRADE REMEDIES LAWS
The conferees have ensured, within the amounts provided for
this account, the availability of sufficient funds to enforce the antidumping authority contained in section 754 of the Tariff Act of
1930 (19 U.S.C. 1675c).
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The conferees direct CBP to continue to work with the Departments of Commerce and Treasury, and the Office of the United
States Trade Representative, and all other relevant agencies to increase collections and to provide an annual report within 30 days
of each year’s distributions under the law summarizing CBP’s efforts to collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly-traded Asian
imports. The conferees direct CBP to update that report, in particular, by breaking out the non-collected amounts for each of the
fiscal years 2004, 2005, 2006, 2007, and each year thereafter, by
order and claimant, along with a description of each of the specific
reasons for the non-collection with respect to each order.
CBP is also directed to report to the Committees on Appropriations no later than February 8, 2007, on the amounts of antidumping and countervailing duties held by CBP in the Clearing
Account for unliquidated entries as of October 1, 2006, segregated
by case number and Department of Commerce period of review. In
that same report, CBP is to explain what other enforcement actions
it is taking to collect unpaid duties owed the U.S. government; how
it has implemented the five recommendations for executive action
that were contained in GAO Report (GAO–05–979); and explain
whether CBP has completed all of the initiatives, processes, and
procedures identified in its February 2005 report to the Committees on Appropriations (including Attachment 1) concerning implementation of the recommendations that were contained in the U.S.
Treasury Department Office of the Inspector General report on the
Continued Dumping and Subsidy Offset Act.
CBP is also directed to provide the Committees with prior notice of how CBP plans to clarify or provide guidelines for the preparation of Continued Dumping and Subsidy Offset Act (CDSOA) certification of claims and any modifications or revisions of regulations
that may be proposed by CBP concerning CDSOA.
BORDER SECURITY
The conferees agree to provide $379,602,000 for an additional
1,500 Border Patrol agents instead of $325,447,000 as proposed by
the House and $330,602,000 as proposed by the Senate. With the
additional funding provided in this Act, the Border Patrol agent
workforce should increase to 14,819 agents.
NORTHERN BORDER STAFFING
The conferees continue to be concerned with erosions in the
level of Border Patrol agent staffing along the Northern Border.
Given the Secretary’s responses to hearing questions, the conferees
expect the Department to meet its stated goal of relocating experienced agents to the Northern Border equal to 10 percent of new
agent hiring.
jcorcoran on PRODPC62 with REPORTS
BORDER SECURITY TECHNOLOGY
The conferees agree to not fund border security technology
within the salaries and expenses appropriation and instead create
a new, integrated appropriation for fencing, tactical infrastructure,
and technology.
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BORDER PATROL VEHICLES
The conferees are extremely disappointed by CBP’s insufficient
vehicle fleet planning considering the rapid growth of the agency’s
workforce and operations. Furthermore, the conferees are unclear
on the cost-benefit analysis CBP uses to compare operating costs
of standard commercial vehicles to those that may be more appropriate for unique topographical and environmental conditions along
our border. CBP is directed to re-submit its Vehicle Fleet Management Plan by January 23, 2007, in accordance with all requirements specified in the House and Senate reports, and including a
full description of the process CBP uses to evaluate vehicles to
meet both mission requirements and cost constraints.
BORDER TUNNEL POLICY
The conferees concur with the reporting requirement in the
Senate report on development of a Departmental policy regarding
tunnels as well as the need to budget for tunnel remediation in future budget submissions as discussed in the House report.
CARRIZO CANE
The conferees understand the removal of Carrizo cane from
certain Rio Grande border locations may improve conditions for
Border Patrol operations, and direct CBP to utilize the resources
necessary for this removal, if it is determined to be necessary. Further, CBP is directed, in conjunction with the Department of the
Interior, to develop a pilot project to test various means of eradication and control of Carrizo cane.
AUTOMATION MODERNIZATION
The conferees agree to provide $451,440,000 as proposed by the
House instead of $461,207,000 as proposed by the Senate. This
amount includes funding for the Automated Commercial Environment (ACE), the Integrated Trade Data System (ITDS), and the
costs of the legacy Automated Commercial System. Of this funding,
not less than $316,800,000 shall be for ACE and ITDS, of which
$16,000,000 is for ITDS. Bill language prohibits the obligation of
$216,800,000 until the Committees on Appropriations receive and
approve an automation modernization expenditure plan.
ACE PROGRAM OVERSIGHT
The conferees support House language on ACE program oversight and direct CBP to improve oversight by assuring releases are
ready to proceed beyond critical design and production readiness
review before deployment. Also, CBP shall ensure ACE aligns its
goals, benefits, desired business outcomes, and performance
metrics. Future appropriations decisions will be affected by CBP’s
progress towards these goals over the year.
jcorcoran on PRODPC62 with REPORTS
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
The conferees agree to provide $1,187,565,000 for the integrated border security fencing, tactical infrastructure, and technology system instead of $115,000,000 as proposed by the House
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within the CBP salaries and expenses appropriation and
$131,559,000 for border security technology within a separate technology modernization appropriation and $106,006,000 for tactical
infrastructure within the CBP construction appropriation as proposed by the Senate. Funds are available until expended. When
combined with recently enacted supplemental funds, a total of
$1,512,565,000 is available for this purpose in fiscal year 2007.
Within the total provided, $30,500,000 is provided for the San
Diego Border Infrastructure System and $57,823,000 is provided
for tactical infrastructure in Western Arizona. The conferees direct
the Secretary to submit, within 60 days after the date of enactment
of this Act, an expenditure plan for establishing a security barrier
along the border of the United States to the Committees on Appropriations, as specified in bill language. The conferees withhold
$950,000,000 until the expenditure plan is received and approved.
BUDGET JUSTIFICATION
To support DHS’ integrated, systems-based approach to border
security, funding requested separately for border security technology and tactical infrastructure is combined into one account.
CBP is directed to integrate its future budget requests for border
security fencing, tactical infrastructure, and technology within this
account. CBP is further directed to provide a fiscal year 2008 budget justification subdivided by program, project, and activity levels
for operations and maintenance, procurement, systems engineering
and integration, and program management.
CONTRACT MANAGEMENT
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The conferees direct CBP and the Secure Border Coordination
Office to work with the Department’s Office of the Chief Procurement Officer (CPO) and Office of the Chief Financial Officer (CFO)
to rigorously oversee all contracts and subcontracts awarded for the
integrated border security fencing, tactical infrastructure, and technology system, and work to minimize excessive use by contractors
of subcontractors or tiers of subcontractors to perform the principal
work of the contract. If interagency contracts are utilized, the Secure Border Coordination Office is directed to confirm to the CPO
and CFO that the scope of the contract is appropriate and that performance of the CBP portion of the contract is measured and controlled by CBP. The acquisition management system utilized for
the funds within this account must produce credible, reliable and
timely data that is promptly reviewed by the CBP acquisition
workforce. Performance shortfalls must be addressed quickly with
approved action plans. The conferees expect the Secure Border Coordination Office to operate under clear, consistent, and enforceable
acquisition policies and processes for all contracts awarded through
the Department’s Secure Border Initiative. The conferees further
expect the Department to ensure CBP’s acquisition workforce has
the skills needed to carry out its responsibilities effectively.
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AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT
The conferees agree to provide $602,187,000 instead of
$373,199,000 as proposed by the House and $458,499,000 as proposed by the Senate. This includes: $70,000,000 for the P–3 service
life extension program and additional P–3 flight hours; $20,000,000
for helicopter acquisition; $20,000,000 for the acquisition of unmanned aerial vehicles (UAVs) and related support systems;
$10,000,000 for the missionization of manned covert surveillance
aircraft; $2,000,000 for marine interceptor boat replacement;
$64,000,000 for the acquisition or refurbishment of two medium lift
helicopters; $58,000,000 for the acquisition of two multi-role aircraft; and $18,700,000 for Northern Border airwings, of which
$12,000,000 is provided for the establishment of the fourth Northern Border airwing in Grand Forks, North Dakota, and $5,500,000
is provided for the new Northern Border airwing in Great Falls,
Montana. The conferees direct CBP to include sufficient funds in
its fiscal year 2008 budget submission to establish the fifth and
final Northern Border airwing in Detroit, Michigan. The conferees
do not include a rescission of $14,000,000 as proposed by the Senate.
UAV INCIDENT REPORT
The conferees direct CBP to submit the official findings regarding the April 25, 2006, UAV mishap to the Committees on Appropriations, the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Homeland Security no later than January 23, 2007.
NORTHERN BORDER UAV PILOT
The conferees encourage the Secretary to work expeditiously
with the Administrator of the Federal Aviation Administration to
establish and conduct a pilot program to test unmanned aerial vehicles for border surveillance along the U.S.-Canada border at
Northern Border airwing bases consistent with section 551 of the
Senate bill.
jcorcoran on PRODPC62 with REPORTS
CONSTRUCTION
The conferees agree to provide $232,978,000 instead of
$175,154,000 as proposed by the House and $288,084,000 as proposed by the Senate. This includes: $59,100,000 for facilities to accommodate 1,500 additional Border Patrol agents; $50,900,000 to
accelerate the CBP master plan construction; and $32,100,000 for
the Advanced Training Center. The conferees have funded the
$106,006,000 requested for fencing and tactical infrastructure in
the new Border Security Fencing, Infrastructure, and Technology
appropriation. The conferees include funding for the Ajo, Arizona
station at no less than the requested level. The conferees direct
CBP to provide a spending plan and a revised master plan consistent with the Senate report to the Committees on Appropriations
that reflects all funding provided for CBP major construction in
this Act and in P.L. 109–234.
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IMMIGRATION
AND
CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
The conferees agree to provide $3,887,000,000 for Immigration
and Customs Enforcement (ICE) salaries and expenses, instead of
$3,850,257,000 as proposed by the House and $3,798,357,000 as
proposed by the Senate. This includes $153,400,000 for additional
bed space capacity, with corresponding personnel and support,
$94,000,000 for additional removal and transportation capacity,
and $76,000,000 for 23 additional fugitive operations teams and associated bed space. When these new resources are combined with
fiscal year 2006 supplemental funding, ICE will sustain an average
bed space capacity of 27,500, as proposed by the President.
The conference agreement includes further new funding, as follows: $4,600,000 for internal controls and procurement management; $5,000,000 for the Office of Professional Responsibility;
$10,000,000 for Compliance Enforcement Units; $30,000,000 for expanded Worksite Enforcement efforts; $20,000,000 for additional
vehicles for Detention and Removal Operations; $10,000,000 for additional vehicles for the Office of Investigations; $6,800,000 for the
Trade Transparency Unit; $2,000,000 for the Criminal Alien Program; $2,500,000 for Alternatives to Detention; and $1,000,000 for
the Human Smuggling and Trafficking Center.
Finally, the agreement includes: $21,806,000 for the Law Enforcement Support Center; $5,400,000 for training to support implementation of section 287(g) of the Immigration and Nationality
Act; $3,100,000 for the costs of salaries, equipment and operations
for the Customs Patrol Officers (‘‘Shadow Wolves’’) to reflect their
transfer from U.S. Customs and Border Protection; $8,000,000 for
the Cyber Crimes Center and support of its Child Exploitation
Unit, including $5,000,000 for continued investment in computer
forensic storage and digital evidence processing capacity;
$4,750,000 to continue textile transshipment efforts; and
$2,000,000 for what the conferees expect to be the final year for
ICE to fund the Legal Orientation Program. The following table
specifies funding by budget activity:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services and other .................................................................
Headquarters Managed IT investment .........................................................................................
jcorcoran on PRODPC62 with REPORTS
Subtotal, Headquarters Management and Administration ..........................................................
Legal Proceedings ..........................................................................................................................................
Investigations:
Domestic Operations .............................................................................................................................
International Operations ........................................................................................................................
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$140,000,000
134,013,000
274,013,000
187,353,000
1,285,229,000
104,681,000
Subtotal, Investigations ...............................................................................................................
Intelligence .....................................................................................................................................................
Detention and Removal:
Custody Operations ...............................................................................................................................
Transportation and Removal .................................................................................................................
Fugitive Operations ...............................................................................................................................
Criminal Alien Program .........................................................................................................................
Alternatives to Detention .......................................................................................................................
1,381,767,000
238,284,000
183,200,000
137,494,000
43,600,000
Subtotal, Detention and Removal ................................................................................................
1,984,345,000
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1,389,910,000
51,379,000
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Total, Salaries and Expenses ..............................................................................................
$3,887,000,000
DETENTION AND REMOVALS REPORTING
The conferees direct ICE to submit a quarterly report to the
Committees on Appropriations as described in the Senate report,
with the first fiscal year 2007 quarterly report due no later than
January 30, 2007.
DETAINEE BONDS
The conferees direct ICE to submit a report to the Committees
on Appropriations on how to improve information sharing and cooperation with detention bondholders, including incentives to reduce the number of aliens who abscond after receiving final Orders
of Removal, and to locate and remove absconders.
LEGAL ORIENTATION PROGRAM
The conferees concur with the language expressing support for
the Legal Orientation Program as contained in House Report 109–
476 and, consistent with the direction in the fiscal year 2006 Appropriations Act, strongly direct ICE and the Department to work
with the Executive Office for Immigration Review and the Office of
Management and Budget to ensure any future funding for this program is included in appropriations requests for the Department of
Justice.
SECTION 287(g) ASSISTANCE
The conferees include $5,400,000 for the costs associated with
implementing section 287(g) of the Immigration and Nationality
Act. The conferees expect funding to be used for the training and
other ICE operational costs directly associated with implementing
cooperative efforts with state and local law enforcement pursuant
to section 287(g) of the Immigration and Nationality Act, and not
to acquire or provide information technology infrastructure for participating state and local law enforcement agencies. The conferees
direct ICE to provide the Committees on Appropriations, not later
than December 1, 2006, a detailed expenditure plan for use of section 287(g) funding appropriated in fiscal years 2006 and 2007, to
include direct assistance to state and local agencies, and an updated report no later than June 1, 2007.
DETENTION MANAGEMENT AND CONSOLIDATION
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The conferees expect ICE to make the best possible use of its
detention funding, and are concerned the Secretary has not yet
transmitted the national detention management plan required by
the fiscal year 2006 Appropriations Act, keeping $5,000,000 unavailable for obligation. The conferees direct this report be released
as soon as possible and expect it to address the elements in the
House report, including mechanisms ICE will use to accomplish
consolidation and regional approaches described in its April 2006
report on a national detention contract approach.
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IMMIGRATION ENFORCEMENT COOPERATION WITH STATE AND LOCAL
GOVERNMENT
The conferees are greatly concerned with the burden of illegal
immigration on state and local law enforcement agencies, and
agree with the language in the House report calling for expanded
cooperation between federal, state and local law enforcement agencies. To explore a more comprehensive approach, the conferees direct ICE, in coordination with the Secure Border Coordination Office, to examine the feasibility of establishing high intensity immigration trafficking and smuggling areas, analogous to existing programs directed at countering drugs and money laundering. The
conferees include $1,000,000 under Domestic Investigations for this
purpose and direct ICE to submit its findings and implementation
options to the Committees on Appropriations no later than June
30, 2007.
UNACCOMPANIED ALIEN MINORS
The conferees are concerned by reports of unaccompanied alien
children not being routinely transferred from DHS custody to the
Office of Refugee Resettlement (ORR) within the three-to-five day
timeframe stipulated in the 1996 Flores Settlement agreement, but
held in unacceptable conditions (e.g., Border Patrol stations or jaillike facilities) for many days. The conferees direct ICE to contact
ORR immediately upon notification of apprehension of such children, and ensure these children are transferred to ORR custody
within 72 hours. The conferees also direct ICE to continue negotiations with ORR to resolve differences over processing and transfer
of custody; to explore transfer of responsibility for such children to
ORR; and to encourage ORR to establish facilities near DHS detention facilities. The conferees direct ICE, in conjunction with CBP,
to submit a report to the Committees on Appropriations, detailing
by month for each of fiscal years 2005 and 2006: the number of unaccompanied alien minors detained by DHS for 72 hours or less,
and the number held more than 72 hours, with an explanation for
each child held in excess of 72 hours. Further, the report should
include recommendations for actions to improve coordination between DHS and ORR. The conferees direct ICE to consider using
holistic age-determination methodologies as described in the House
report.
The conferees are also concerned about the dearth of repatriation services for such children, who face uncertain fates in their
homelands, and urge DHS, in consultation with the Department of
State and ORR, to develop policies and procedures to ensure such
children are safely repatriated to their home countries, including
placement with their families or other sponsoring agencies.
ICE FIELD OFFICES
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The conferees direct ICE to submit a report on the costs and
need for establishing sub-offices in Colorado Springs and Greeley,
Colorado.
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VISA SECURITY PROGRAM
The conferees are disturbed bureaucratic obstacles have prevented ICE from deploying Visa Security Units (VSU) to key overseas locations, needlessly preventing highly trained personnel from
taking their posts overseas, and leaving critical gaps in our ability
to identify individuals from high-risk areas who should not acquire
U.S. visas and travel to the U.S. The conferees direct the Secretary,
in consultation with the Secretary of State, to brief the Committees
on Appropriations not later than January 23, 2007, on progress in
staffing its overseas locations, listing all planned and actual VSU
positions and funding for fiscal years 2006 and 2007; the number
of positions and locations not yet filled; the numbers and posting
of VSU officers not deployed to their intended locations; and specific actions planned and underway, resources required, and administrative decisions necessary to ensure all planned visa security
units are fully operational as soon as possible.
TEXTILE TRANSSHIPMENT ENFORCEMENT
The conferees include $4,750,000 to continue textile transshipment enforcement and direct ICE to report on its execution of
the five-year strategic plan submitted to Congress, including details on ICE textile enforcement cases (number initiated, closed,
and resulting in prosecutions, arrests, and penalties), as well as a
status report of personnel responsible for enforcing textile laws.
FEDERAL PROTECTIVE SERVICE
The conferees agree to provide bill language making revenues
and security fees collected by the Federal Protective Service (FPS)
available until expended, without the limitation of $516,011,000
proposed by the House and Senate, and requiring a report from the
Secretary on FPS financial management. The conferees understand
the current projection for fiscal year 2007 collections is
$567,000,000, and direct FPS to notify the Committees on Appropriations should this estimate change.
jcorcoran on PRODPC62 with REPORTS
FPS FINANCIAL MANAGEMENT
The conferees are disappointed with the slow response of the
Department and the Office of Management and Budget (OMB) to
the growing FPS funding shortfall. OMB and the Department
failed to evaluate and properly set fees for fiscal year 2006, allowing a festering funding imbalance to explode into full-blown crisis,
forcing reductions in other homeland security priorities. Furthermore, the Department has indicated FPS could face even larger
shortfalls in fiscal year 2007. The conferees direct ICE, the Department, and OMB, as they continue efforts to resolve weaknesses in
FPS financial management and procurement, to ensure no transfers are used to cover basic FPS operations, activities and investment. The conferees expect such fiscal year 2007 costs to be covered by the fees FPS assesses and collects from the federal agencies
whose facilities it protects. The conferees direct the Secretary, in
consultation with OMB, to report to the Committees on Appropriations no later than November 1, 2006, on the extent and cause of
any budgetary shortfall; the Department’s detailed plan to provide
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sufficient revenue to operate in fiscal year 2007; and how the Department will fix FPS financial, procurement, and accounting processes and policies. Furthermore, the conferees direct the Secretary
to submit an updated report no later than April 30, 2007, including
actual and estimated collections and obligations by month for the
full fiscal year.
AUTOMATION MODERNIZATION
The conferees agree to provide $15,000,000 for Automation
Modernization instead of no appropriation as proposed by the
House and $20,000,000 as proposed by the Senate. Of these funds,
$13,000,000 may not be obligated until the Committees on Appropriations receive and approve an expenditure plan.
CONSTRUCTION
The conferees agree to provide $56,281,000 instead of
$26,281,000 as proposed by the House and $101,281,000 as proposed by the Senate. The conferees include $30,000,000 for infrastructure improvements at current Detention Centers in order to
improve the overall efficiency of the detention process, as described
in the Senate report. The conferees direct the Department to submit a detailed spending plan for the infrastructure improvement
project described in the Senate report.
The following table specifies funding by project and activity:
Projects and Activity:
Krome, Florida: 250-bed secure dormitory ............................................................................................
Krome, Florida, maintenance ................................................................................................................
Port Isabel, Texas, Infrastructure ..........................................................................................................
Facility Repair and Alterations .............................................................................................................
Infrastructure Improvement Project ......................................................................................................
$ 6,409,000
5,000,000
9,000,000
5,872,000
30,000,000
Total, Construction .......................................................................................................................
56,281,000
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
The conferees agree to provide $4,731,814,000 instead of
$4,704,414,000 as proposed by the House and $4,751,580,000 as
proposed by the Senate. In addition to the amounts appropriated,
a mandatory appropriation of $250,000,000 is available to support
the Aviation Security Capital Fund. Bill language is also included
to reflect the collection of $2,420,000,000 from aviation user fees as
authorized. The following table specifies funding by budget activity:
Screener Workforce:
Privatized screening ..............................................................................................................................
Passenger and baggage screeners, personnel, compensation and benefits .......................................
jcorcoran on PRODPC62 with REPORTS
Subtotal, screener workforce ........................................................................................................
Screening training and other .........................................................................................................................
Human resource services ...............................................................................................................................
Checkpoint support ........................................................................................................................................
EDS/ETD Systems.
EDS purchase ........................................................................................................................................
EDS installation .....................................................................................................................................
EDS/ETD maintenance ...........................................................................................................................
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$148,600,000
2,470,200,000
2,618,800,000
244,466,000
207,234,000
173,366,000
141,400,000
138,000,000
222,000,000
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Operation integration ............................................................................................................................
23,000,000
Subtotal, EDS/ETD systems ..........................................................................................................
524,400,000
Total, screening operations .................................................................................................
Aviation, regulation and other enforcement ..................................................................................................
Airport management, information technology and support ...........................................................................
Federal flight deck officer and flight crew training .....................................................................................
Air cargo .........................................................................................................................................................
$3,768,266,000
217,516,000
666,032,000
25,000,000
55,000,000
Subtotal, aviation security direction and enforcement ...............................................................
963,548,000
Total, Aviation Security .......................................................................................................
$4,731,814,000
STAFFING LEVELS
The conferees agree to provide $2,470,200,000 for federal
screeners, as requested in the budget. The conferees continue longstanding bill language capping the full-time equivalent (FTE) workforce at 45,000 as proposed by the House. The conferees expect the
Transportation Security Administration (TSA) to have no more
than 45,000 FTE screeners by the end of fiscal year 2007. At this
time, TSA is about 4,000 screeners below this level. As such, the
conferees recognize TSA may need to realign its workforce throughout the year due to attrition or advances in detection technologies.
TSA has the flexibility to hire screeners during the fiscal year at
those airports where additional or replacement screeners are necessary to maintain sufficient aviation security and customer service.
PRIVATIZED SCREENING AIRPORTS
The conferees agree to provide $148,600,000 as proposed by the
House and the Senate. TSA is directed to notify the Committees on
Appropriations if TSA expects to spend less than the appropriated
amount due to situations where no additional airports express interest in converting, either fully or partially, to privatized screening, or where airports currently using privatized screening convert
to using federal screeners. TSA shall adjust its program, project,
and activity (PPA) line items, within ten days, to account for any
changes in private screening contracts and screener personnel,
compensation and benefits to reflect the award of contracts under
the screening partnership program, or the movement from
privatized screening into federal screening.
jcorcoran on PRODPC62 with REPORTS
SCREENERS AT COMMERCIAL AIRPORTS AND HELIPORTS
The conferees are concerned with TSA’s current screening policy at 24 commercial airports and heliports in the United States
that have requested TSA screening but continue to operate with
temporary screening or none at all. The conferees remind TSA that
section 44901 of the Aviation and Transportation Security Act requires all passengers to be screened, by either TSA or contracted
screeners, before they board commercial aircraft. Vision 100—the
Century of Aviation Reauthorization Act (P.L. 108–176) further
clarified TSA’s screening requirements for charter air carriers with
a maximum take-off weight of more than 12,500 pounds and for the
deployment of screeners to certain airports. The conferees direct
TSA to provide screening at those airports and heliports that have
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requested screening and encourage TSA to consider contracting out
the screening function if TSA does not believe it would be efficient
to place TSA personnel in these locations.
CHECKPOINT SUPPORT
The conferees agree to provide $173,366,000 as proposed by the
House instead of $180,966,000 as proposed by the Senate. TSA
shall place a priority on expanding the use of emerging technologies at the highest risk airports so screeners can better detect
threats to our aviation system. The conferees do not increase funding for this activity above the budget request because TSA projects
it will have about $56,000,000 in carryover balances from previous
fiscal years to address checkpoint support activities in 2007. The
conferees direct TSA to develop a strategic plan for screening passengers and carry on baggage for all types of explosives, including
a timeline for deploying emerging technologies to airports and the
percent of passengers and carry on baggage currently and projected
to be screened by these emerging technologies. This plan should
take into account appropriations included in this Act, as well as all
prior year unobligated balances.
EXPLOSIVE DETECTION SYSTEMS PURCHASES
The conferees agree to provide $141,400,000 for explosive detection systems (EDS) procurement as proposed by the Senate instead of $136,000,000 as proposed by the House. Of this total, up
to $6,000,000 shall be for refurbishment of EDS machines to maximize and extend the useful life of those EDS machines manufacturers are willing to place back under warranty. In addition,
$47,000,000 shall be for the procurement of multiple next-generation, in-line and stand alone EDS systems. The conferees direct
that no EDS funding shall be used to procure explosive trace detection machines (ETDs) unless they are necessary for secondary
screening of checked baggage, to replace an aging ETD system in
those airports that are primarily dependent on ETD technologies,
or to procure new ETD systems for new, small airports or heliports
that are federalized.
EDS INSTALLATIONS
The conferees agree to provide a total of $388,000,000 for EDS
installation, including $250,000,000 in mandatory funding from the
Aviation Security Capital Fund and $138,000,000 in this Act. This
funding is sufficient to fulfill the Letters of Intent, install next-generation EDSs at airports nationwide, and complete other pending
airport modifications.
jcorcoran on PRODPC62 with REPORTS
EDS/ETD MAINTENANCE
The conferees agree to provide $222,000,000 for EDS/ETD
maintenance instead of $234,000,000 as proposed by the House and
$210,000,000 as proposed by the Senate. The conferees encourage
TSA to combine funding for maintenance of all equipment (Checkpoint, EDS, and ETD) into one PPA in fiscal year 2008 to provide
a more complete picture of all maintenance costs for equipment deployed throughout our nation’s airports.
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AIR CARGO
TSA has been slow to obligate funding for air cargo security.
TSA projects one-tenth of the air cargo budget will be carried into
fiscal year 2007. The conferees encourage TSA to use some of these
unobligated balances or the fiscal year 2007 appropriation to hire
additional permanent staff to enhance TSA’s analytic air cargo security capabilities.
WAIT TIMES
The conferees direct TSA to review airport wait times over the
past three years, identify those airports with above average times,
and provide this review with the fiscal year 2008 budget.
ALTERNATIVE SCREENING PROCEDURES
Both the House and Senate reports expressed concern over
TSA’s occasional use of alternative screening procedures. The conferees support reporting requirements contained in both House Report 109–476 and Senate Report 109–273, including: develop performance measures and targets; track the use of alternative screening procedures at airports; assess the effectiveness of these measures; conduct covert testing at airports using these techniques; and
develop a plan to stop alternative screening measures. TSA shall
report to the Committees on Appropriations; the House Committee
on Homeland Security; and the Senate Committee on Commerce,
Science and Transportation on implementation of these requirements.
CHANGES TO AVIATION SECURITY POLICY
The conferees are aware that TSA is considering revising the
aviation security policy. These revisions may require changes to
staffing, such as who monitors airport exit lanes, who may be a
ticket checker, and who may move baggage to and from EDS machines. Each of these policy decisions has a cost implication. Before
moving forward with any proposed change, TSA shall brief the
Committees on Appropriations on the security and fiscal impact of
each change and outline the ramifications to the fiscal year 2007
appropriation. If these costs exceed transfer and reprogramming
thresholds, TSA must notify the Committees as required by section
503 of this Act.
PROHIBITED ITEMS
The conferees direct the Comptroller General to report to the
Committees on Appropriations no later than six months after the
enactment of this Act on the impact on public safety and on the
effectiveness of screening operations resulting from the modification announced by TSA on December 2, 2005, to the list of items
permitted and prohibited from being carried aboard a passenger
aircraft.
jcorcoran on PRODPC62 with REPORTS
SURFACE TRANSPORTATION SECURITY
The conferees agree to provide $37,200,000 as proposed by the
House and the Senate. Within this total, $24,000,000 is for surface
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transportation staffing and operations and $13,200,000 is for rail
security inspectors and canines.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
The conferees agree to provide a direct appropriation of
$39,700,000 instead of $74,700,000 as proposed by the House and
$29,700,000 as proposed by the Senate. In addition, the conferees
anticipate TSA will collect $76,101,000 in fees. Funding is provided
as follows:
Direct Appropriation:
Secure flight ....................................................................................
Crew vetting ....................................................................................
Screening administration and operations .....................................
$15,000,000
14,700,000
10,000,000
Subtotal, direct appropriations ..................................................
Fee Collections:
Registered traveler .........................................................................
Transportation worker identification credential ..........................
Hazardous materials ......................................................................
Alien flight school (transfer from DOJ) ........................................
39,700,000
35,101,000
20,000,000
19,000,000
2,000,000
Subtotal, fee collections ..............................................................
76,101,000
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The conferees are very supportive of expeditious implementation of the transportation worker identification credential (TWIC)
program. Because TSA submitted a reprogramming request to expedite this program, a direct appropriation is no longer necessary
in fiscal year 2007. The conferees do not incorporate either House
or Senate language on TWIC.
SECURE FLIGHT
The conferees agree to provide $15,000,000 as proposed by the
Senate instead of $40,000,000 as proposed by the House. While the
conferees remain supportive of the Secure Flight concept, TSA has
been reviewing and rebaselining this program since the beginning
of 2006, resulting in further delays to this program. At this time,
TSA cannot justify its fiscal year 2007 budget request, cannot explain how this program will move forward or detail the associated
costs. More than $21,000,000 of funding provided in fiscal year
2006 will remain available for obligation in fiscal year 2007. Within
90 days after enactment of this Act, TSA shall submit a detailed
plan on achieving key milestones, as well as certification of this
program as discussed in section 514 of this Act.
In addition, the conferees are concerned TSA has made little
progress in ensuring the security of its Secure Flight passenger
screening program, and because of this, names are checked only
against the No Fly and Selectee lists, not the full terrorist watch
list. The conferees direct TSA to provide a detailed program plan
if the Administration believes that security vulnerability exists between the lists used for Secure Flight and the full terrorist watch
list as discussed in the House report.
jcorcoran on PRODPC62 with REPORTS
TECHNICAL ASSISTANCE TO AIRLINES
The conferees direct TSA to provide airlines with technical or
other assistance to better align their reservation and ticketing sys-
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tems with terrorist databases to assist in alleviating travel delays
and other problems associated with mistaken identification.
SCREENING ADMINISTRATION AND OPERATIONS
The conferees agree to provide $10,000,000 for screening administration and operations. The conferees expect these funds may
be used to support the following programs, if necessary: transportation worker identification credential, armed law enforcement officer identity verification, alien flight school, and sterile area credential checks. None of the funds may be used to augment the Secure
Flight program. In addition, the conferees do not expect these
funds to be used to pay for airmen and pilot checks, activities that
are currently a Federal Aviation Administration responsibility.
TSA shall provide the Committees on Appropriations a plan further
elaborating how these funds will be utilized by January 23, 2007.
TRANSPORTATION SECURITY SUPPORT
The conferees agree to provide $525,283,000 instead of
$503,283,000 as proposed by the House and $618,865,000 as proposed by the Senate. The conferees are aware of a large number
of vacancies within this program. Funding is provided as follows:
Headquarters administration ...............................................................
Information technology ..........................................................................
Intelligence .............................................................................................
$294,191,000
210,092,000
21,000,000
Subtotal, transportation security support ....................................
525,283,000
EXPENDITURE PLAN
The conferees include bill language requiring TSA to submit an
expenditure plan to the Committees on Appropriations detailing explosive detection systems procurement, refurbishment, and installation on an airport-by-airport basis for fiscal year 2007 no later
than 60 days after enactment of this Act, as discussed in the House
report. The conferees include bill language withholding $5,000,000
from obligation until this plan is received.
TRANSPORTATION SECURITY LABORATORY
The conferees do not agree to a Senate provision transferring
the Transportation Security Lab (TSL) from the Science and Technology Directorate (S&T) to TSA. This action is taken in large part
as a result of the successful negotiation of a Memorandum of Understanding between the two agencies signed on August 22, 2006.
The conferees direct TSA to work with S&T to determine appropriate research and technology requirements to sustain current and
advance future aviation security capabilities. Further, S&T should
clearly reflect resource needs for the TSL in the fiscal year 2008
budget request to achieve these requirements. The conferees further direct S&T to work expeditiously with TSA to develop a research execution plan that meets the needs of TSA within the
amounts provided.
jcorcoran on PRODPC62 with REPORTS
FINANCIAL MANAGEMENT
The conferees are concerned financial management within TSA
has not fully recovered from the lack of internal controls that were
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in place in its two start-up years. The conferees understand the
TSA may face financial obligations due to this mismanagement and
direct TSA to work expeditiously to determine if a violation of the
Anti-Deficiency Act took place. If there is a shortfall, TSA shall
submit a plan to the Committees on Appropriations that addresses
the shortfall.
FEDERAL AIR MARSHALS
The conferees agree to provide $714,294,000 for the Federal
Air Marshals (FAMs) instead of $699,294,000 as proposed by the
House and the Senate. Within this total, $628,494,000 is for management and administration and $85,800,000 is for travel and
training.
MULTI-MODAL SECURITY ENHANCEMENT TEAMS
TSA has been piloting a program to use FAMs in multi-modal
security enhancement teams to counter potential criminal or terrorist activities throughout the transportation sector, as well as
supplement local or state law enforcement agencies in railroad and
transit systems, within ports, and on ferries. The conferees recognize that this mission goes beyond what has been authorized for
FAMs. Following the events in London, it is imperative air marshals first and foremost focus is protecting the aviation environment, including passenger flights deemed to be a high security
threat, before expanding their roles into other transportation
modes.
UNITED STATES COAST GUARD
OPERATING EXPENSES
The conferees agree to provide $5,477,657,000 instead of
$5,481,643,000 as proposed by the House and $5,534,349,000 as
proposed by the Senate. Within this amount, $340,000,000 is available for defense-related activities as proposed by both the House
and the Senate. The conferees have fully funded the budget request
except $5,986,000 is reduced from centrally managed accounts due
to high unobligated balances and no funding is provided for the
new Coast Guard headquarters at the St. Elizabeths campus. In
addition, the conferees include $15,000,000 for port security inspections to double the amount of foreign port assessments, to conduct
unannounced inspections of domestic port facilities, and for additional port vulnerability and threat assessments, if necessary.
Funding for operating expenses shall be allocated as follows:
jcorcoran on PRODPC62 with REPORTS
Military pay and allowance:
Military pay and allowance ...................................................................................................................
Military health care ...............................................................................................................................
Permanent change of station ...............................................................................................................
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$2,342,434,000
337,324,000
108,518,000
Subtotal, military pay and allowance ..........................................................................................
Civilian pay and benefits: ..............................................................................................................................
Training and recruiting:
Training and education .........................................................................................................................
Recruitment ...........................................................................................................................................
2,788,276,000
569,434,000
Subtotal, training and recruiting .................................................................................................
180,876,000
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83,556,000
97,320,000
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Operating funds and unit level maintenance:
Atlantic Command .................................................................................................................................
Pacific Command ..................................................................................................................................
1st District ............................................................................................................................................
7th District ............................................................................................................................................
8th District ............................................................................................................................................
9th District ............................................................................................................................................
13th District ..........................................................................................................................................
14th District ..........................................................................................................................................
17th District ..........................................................................................................................................
Headquarters directorates .....................................................................................................................
Headquarters managed units ...............................................................................................................
Other activities ......................................................................................................................................
188,982,000
196,449,000
50,388,000
63,771,000
39,985,000
28,756,000
20,569,000
15,754,000
25,604,000
255,253,000
125,104,000
759,000
Subtotal, operating funds and unit level maintenance ..............................................................
Centrally managed accounts: ........................................................................................................................
Intermediate and depot level maintenance:
Aeronautical maintenance .....................................................................................................................
Electronic maintenance .........................................................................................................................
Civil/ocean engineering and shore facilities maintenance ..................................................................
Vessel maintenance ..............................................................................................................................
1,011,374,000
201,968,000
Subtotal, intermediate and depot level maintenance .................................................................
Port security inspections: ...............................................................................................................................
710,729,000
15,000,000
Total, operating expenses ............................................................................................................
5,477,657,000
265,979,000
111,736,000
176,394,000
156,620,000
PERSONNEL
Bill language is provided in this Act to allow the Coast Guard
to transfer up to five percent of the Operating Expenses (OE) appropriation to the Acquisition, Construction, and Improvements
(AC&I) appropriation for personnel, compensation and benefits provided notice is given to the Committees on Appropriations within
30 days of the transfer. The conferees are aware of the Coast
Guard’s interest in consolidating OE and AC&I personnel funding
in the OE account in order to provide greater flexibility to meet
changing personnel requirements. While the conferees support this
consolidation, a new PPA structure reflective of this consolidation
does not accompany this Act in order to allow the Coast Guard to
provide sufficient background materials to the Committees. The
conferees encourage the Coast Guard to include the consolidation
of OE and AC&I personnel funding, and personnel funding in other
accounts, as appropriate, into the OE account in its fiscal year 2008
budget submission. The budget submission shall include a crosswalk of the merged accounts, which tracks personnel and resources
from the current PPA structure to the new structure proposed in
the budget submission.
jcorcoran on PRODPC62 with REPORTS
NEW HEADQUARTERS BUILDING
The conferees have not provided funding for a new Coast
Guard headquarters building. According to DHS, relocating the
Coast Guard headquarters to St. Elizabeths campus in Washington, D.C. would be the first phase of a larger effort to move
most or all of DHS headquarters’ functions to that location. However, the Department has not finalized a plan identifying what specific components would move to the site; the total space requirements for DHS headquarters; and total costs associated with using
the St. Elizabeths site as a headquarters’ location. Until such a
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plan has been completed and reviewed by Congress, it is premature
to relocate the Coast Guard headquarters.
MERCHANT MARINERS LICENSING
The conferees support increasing locations where merchant
mariner applicants may appear for fingerprinting and identification, as discussed in the House report, and direct the Coast Guard
to complete this new rule expeditiously.
LONG RANGE AIDS TO NAVIGATION (LORAN)–C
The President’s budget proposed terminating the LORAN–C
program. The conferees assume the continuation of the LORAN–C
program until: (1) the appropriate entities within the Executive
Branch have agreed in writing to the termination, (2) the public
has been notified, and (3) the appropriate countries have been notified under existing international agreements. Within 15 days of a
coordinated Executive Branch decision to terminate LORAN–C, the
Coast Guard is directed to provide a report to the Committees on
Appropriations on the entities within the Executive Branch that
agreed to the termination, the date such entities agreed to the termination, and names of the officials who agreed to the termination.
Further, the report shall also include the date and methods used
to notify the public and foreign countries, as appropriate under existing international agreements, of the program’s termination.
INAPPROPRIATE BEHAVIOR AT THE COAST GUARD ACADEMY
As discussed in the House report, the conferees direct GAO to
study the progress made by the Coast Guard Academy in response
to sexual harassment claims and report its findings to the Committees on Appropriations; the House Committee on Transportation
and Infrastructure; and the Senate Committee on Commerce,
Science and Transportation no later than 180 days after enactment.
LIVE-FIRE EXERCISES
The conferees are concerned Coast Guard’s recent proposal to
establish live-fire zones on the Great Lakes was not well-coordinated with the public, and therefore direct Coast Guard to provide
public notice of safety zone closures for weapons training beyond
just marine band radio to include notices to harbormasters and
local media.
REPORT ON BASE CLOSURES AND THE FEDERAL CITY PROJECT
The conferees direct Coast Guard to comply with the reporting
requirement of Senate bill section 553 no later than 90 days after
the enactment of this Act.
jcorcoran on PRODPC62 with REPORTS
MISSION HOUR EMPHASIS AND ACQUISITION REPORTS
The conferees direct Coast Guard to continue submitting quarterly mission hour emphasis and acquisition reports to the Committees on Appropriations consistent with the deadlines articulated
under section 360 of Division I of Public Law 108–7.
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ENVIRONMENTAL COMPLIANCE AND RESTORATION
The conferees agree to provide $10,880,000 as proposed by the
Senate instead of $11,880,000 as proposed by the House.
RESERVE TRAINING
The conferees agree to provide $122,448,000 instead of
$122,348,000 as proposed by the House and $123,948,000 as proposed by the Senate.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The conferees agree to provide $1,330,245,000 instead of
$1,139,663,000 as proposed by the House and $1,145,329,000 as
proposed by the Senate. Funding is provided as follows:
Vessels and Critical Infrastructure:
Response boat medium ...................................................................
Special purpose craft-law enforcement .........................................
Subtotal, vessels and critical infrastructure .........................
Aircraft:
Replacement HH–60 aircraft .........................................................
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Subtotal, aircraft .....................................................................
Other Equipment:
Rescue 21 ........................................................................................
Automatic identification system ....................................................
High frequency recap .....................................................................
National Capital Region air defense .............................................
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$24,750,000
1,800,000
26,550,000
15,000,000
15,000,000
39,600,000
11,238,000
2,475,000
66,510,000
Subtotal, Other Equipment ....................................................
Shore Facilities and Aids to Navigation ..............................................
Personnel and Related Support:
Direct personnel costs ....................................................................
AC&I core ........................................................................................
119,823,000
22,000,000
Subtotal, Personnel and Related Support .............................
Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft ..........................................................
VTOL unmanned aerial vehicles (UAVs) ..............................
HH–60 conversion projects .....................................................
HC–130H conversion/sustainment projects ...........................
HH–65 re-engining project .....................................................
Armed helicopter equipment ..................................................
C–130J missionization ............................................................
81,000,000
00:40 Oct 04, 2006
80,500,000
500,000
148,116,000
4,950,000
49,302,000
48,955,000
32,373,000
55,740,000
4,950,000
Subtotal, Aircraft .............................................................
Surface Ships:
National security cutter, construction ...................................
Fast response cutter ................................................................
IDS patrol boat long range interceptor .................................
Medium endurance cutter sustainment ................................
Replacement patrol boat .........................................................
344,386,000
Subtotal, Surface Ships ...........................................................
C4ISR ..............................................................................................
Logistics ...........................................................................................
System engineering and management ..........................................
Government program management ..............................................
553,866,000
50,000,000
36,000,000
35,145,000
46,475,000
Subtotal, Integrated Deepwater System ...............................
1,065,872,000
Total, Acquisition, Construction, and Improvements ....
1,330,245,000
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417,780,000
41,580,000
1,188,000
45,318,000
48,000,000
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REPLACEMENT PATROL BOAT
The conferees remain concerned with the lack of Coast Guard
leadership in addressing the impending patrol boat crisis and note
Coast Guard’s surface ship management assessment is ‘‘red’’ for
cost, schedule and contract administration. The Coast Guard has
yet to decide the deployment profile, dry-docking, service life, crewing, and concept of operations of the much needed replacement patrol boat in part because the Coast Guard did not admit to the
need for a replacement patrol boat until recently despite repeated
direction from the conferees. Given the significant gap in patrol
boat hours and the delays of the Fast Response Cutter (FRC) program, the conferees strongly encourage the Coast Guard to proceed
expeditiously to evaluate replacement patrol boat designs and conduct a proposal effort as early in 2007 as possible. The conferees
provide $126,693,508 for replacement patrol boats to address an
immediate need. This funding consists of a reappropriation of
$78,693,508 as discussed in section 521 of this Act and a new appropriation of $48,000,000 as shown on the table above. Any delay
in this acquisition negates the purpose of this funding: to fill the
gap in patrol boat hours until the Fast Response Cutters are operational. This funding may also be used for service life extensions
of the existing 110-foot Island class patrol boats, which become increasingly critical as replacement patrol boat decisions are delayed.
The conferees direct the Coast Guard to provide monthly briefings
on the patrol boat replacement effort and development of FRC, as
well as a detailed plan for the replacement patrol boat, including
critical decision points and dates, and planned service life extensions of existing 110-foot patrol boats, within two months after enactment of this Act.
C4ISR
Even though C4ISR is pointed to by the Coast Guard as a
Deepwater success due to new capabilities like AIS and SIPRNET,
Coast Guard listed C4ISR design efforts as over cost and behind
schedule in a report submitted to the Committees on Appropriations in August 2006. The conferees understand a stop work order
has been issued for Increment 2 and this increment is being
‘‘rescoped’’. The conferees are concerned the Coast Guard needs to
devote more management attention to resolving C4ISR design
problems and directs the Coast Guard to provide a briefing on its
plan to resolve them. Furthermore, the conferees direct the Coast
Guard to improve the linkage between C4ISR and demonstrate its
value to operations.
jcorcoran on PRODPC62 with REPORTS
RESCUE 21
The conferees agree to provide $39,600,000 for Rescue 21.
Funding may be expended to complete the Anuenue Project as proposed by the Senate. Bill language limiting the obligation of funding for vessel subsystem, as proposed by the House, is not included.
The Rescue 21 program has had repeated problems with software development, cost overruns, and schedule delays, causing the
Coast Guard to terminate the vessel subsystem portion of this contract. Due to past failures, the conferees direct the Coast Guard to
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brief the Committees on Appropriations on a quarterly basis, the
first briefing by January 31, 2007, on the status of this program
and provide supporting documentation, including a detailed breakout of its revised cost and schedule and fully justify each estimate,
as discussed in the House report.
REPLACEMENT OF GULFPORT STATION
Public Law 109–234 provides funds for the relocation of the
Coast Guard Station in Gulfport, Mississippi. Due to changing circumstances after Hurricane Katrina, these funds are for design
and construction of a replacement station on the current site in
keeping with the architectural design of the community.
COUNTERTERRORISM TRAINING INFRASTRUCTURE SHOOT HOUSE
The conferees do not provide funding for the counterterrorism
training infrastructure shoot house as proposed by the House instead of $1,683,000 as proposed by the Senate. While the conferees
are not predisposed against the need for a counterterrorism training infrastructure shoot house, the Coast Guard failed to adequately explain the complete costs of this project and outyear funding needs.
ALTERATION OF BRIDGES
The conferees agree to provide $16,000,000 instead of
$17,000,000 as proposed by the House and $15,000,000 as proposed
by the Senate. Within this total, funds shall be allocated as follows:
Burlington Northern Railroad Bridge in Burlington, Iowa ................
Canadian Pacific Railway Bridge in LaCrosse, Wisconsin .................
Chelsea Street Bridge in Chelsea, Massachusetts ..............................
Elgin, Joliet, and Eastern Railway Company Bridge in Morris, Illinois ......................................................................................................
Fourteen Mile Bridge in Mobile, Alabama ..........................................
Galveston Causeway Bridge in Galveston, Texas ...............................
$1,000,000
2,000,000
3,000,000
Total .........................................................................................
16,000,000
1,000,000
7,000,000
2,000,000
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The conferees agree to provide $17,000,000 instead of
$13,860,000 as proposed by the House and $17,573,000 as proposed
by the Senate.
MEDICARE ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTION
The conferees include a permanent and indefinite appropriation of $278,704,000 for Medicare-eligible retiree health care fund
contribution as proposed by both the House and the Senate.
RETIRED PAY
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The conferees agree to provide $1,063,323,000 as proposed by
both the House and the Senate.
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UNITED STATES SECRET SERVICE
NEW APPROPRIATIONS ACCOUNT STRUCTURE
The conferees are very concerned about the ability of the U.S.
Secret Service (USSS) to effectively align its resource requirements
to workload and mission needs. To ensure accountability in budgeting for the dual missions of protection and investigations, the
conferees provide funding for the USSS in a new appropriations account structure, depicted in detail tables that follow. The conferees
recognize the agency’s concerns regarding the ability of its budgetary systems to obligate and track funds in line with this new
structure and have included language under the Office of the Chief
Financial Officer directing support in budget execution and the
real-time tracking of resource hours. The conferees direct the Secret Service to apply the reprogramming and transfer guidelines
contained within section 503 of this Act, as needed, to adapt to the
new account structure as well as to preserve the interdependent relationship between protection and investigations. The conferees direct the USSS to report on the status of its budgetary improvements, including the implementation of refined performance
metrics, as specified by the House report.
PROTECTION, ADMINISTRATION, AND TRAINING
The conferees agree to provide $961,779,000 instead of
$956,399,000 as proposed by the House and $918,028,000 as proposed by the Senate. This includes: $18,400,000 for Presidential
candidate nominee protection; $1,000,000 for National Special Security Events; and an additional $11,500,000 to support the protection costs of the 2008 Presidential Campaign and the President’s
post-Presidency protective detail. Of the funds provided under this
heading, $2,000,000 is not available for obligation until the Committees on Appropriations receive the overdue workload rebalancing report, specified in the House report. The conferees include
a general provision (section 559) that rescinds $2,500,000 in unobligated balances for National Special Security Events and reappropriates the same amount, extending its availability until expended.
The following table specifies funding by budget program,
project, and activity:
Protection:
Protection of persons and facilities ...............................................
Protective intelligence activities ....................................................
National Special Security Events ..................................................
Presidential Candidate Nominee Protection ................................
White House mail screening ..........................................................
$651,247,000
55,509,000
1,000,000
18,400,000
16,201,000
Subtotal, Protection .................................................................
Administration Headquarters, management and administration .....
Training: James J. Rowley Training Center .......................................
742,357,000
169,370,000
50,052,000
Total, Protection, Administration, and Training ...........
961,779,000
jcorcoran on PRODPC62 with REPORTS
2008 PRESIDENTIAL CAMPAIGN
The conferees do not agree to create a new appropriation for
protective activities related to the 2008 Presidential Campaign and
National Special Security Events and instead provide requested
funds in a separate program, project, and activity within the Pro-
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tection, Administration, and Training appropriation. Funds provided for the 2008 Presidential campaign are available until September 30, 2009. The conferees direct the Secret Service to submit
a comprehensive expenditure plan, as specified by the House report, for the 2008 Presidential Campaign through the 2009 Presidential inauguration. Further, the conferees direct the Secret Service to submit quarterly reports, with the first report due on January 23, 2007, on the status of filling the required special agent billets to support the post-Presidency protective detail.
FUNDING PRIORITIES
The conferees are concerned with the Secret Service’s ability to
address its critical resource needs while carrying an apparent
shortfall within base budget for protection. The conferees have fully
funded the request for protective terrorist countermeasures at
$17,200,000 and have provided an additional $11,500,000 for the
2008 Presidential campaign and the post-Presidency protective detail. Prior to the obligation of these funds, the Secret Service shall
assess the status of its base budget shortfall in fiscal year 2007 and
apply these resources where required to meet the agency’s highest
priority needs, in accordance with section 503 of this Act.
INVESTIGATONS AND FIELD OPERATIONS
The conferees agree to provide $311,154,000 instead of
$312,499,000 as proposed by the House and $304,205,000 as proposed by the Senate. The amount provided under this heading fully
funds the budget request and includes: $236,093,000 for domestic
field operations; $22,616,000 for international field office administration and operations, including an additional $1,000,000 to support the costs of re-constituting a resident office in Moscow, Russia;
$44,079,000 for the Electronic Crimes Special Agent Program and
Electronic Crimes Task Forces; and $8,366,000 for the National
Center for Missing and Exploited Children, of which $6,000,000 is
for grants and $2,366,000 is for forensic support.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
The conferees agree to provide $3,725,000 as proposed by the
House and Senate. Of the total provided under this heading,
$500,000 is unavailable for obligation until the Committees on Appropriations receive the revised James J. Rowley Training Center
master plan.
TITLE III—PREPAREDNESS AND RECOVERY
PREPAREDNESS
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MANAGEMENT
AND
ADMINISTRATION
The conferees agree to provide $30,572,000 for management
and administration of the Preparedness Directorate as proposed by
the Senate instead of $39,468,000 as proposed by the House. Included in this amount is $16,392,000 for the immediate Office of
the Under Secretary for Preparedness; $4,980,000 for the Office of
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the Chief Medical Officer; $2,741,000 for the Office of National
Capital Region Coordination; and $6,459,000 for the National Preparedness Integration Program (NPIP).
In spite of clear direction in sections 503 and 504 of P.L. 109–
90, the conferees are troubled by an apparent disregard for consistent and transparent budget execution within the Preparedness
Directorate. As a result, the conferees direct the Government Accountability Office (GAO) to review the Department’s use of shared
services within the entire Preparedness Directorate and report to
the Committees on Appropriations. The review shall focus on compliance with appropriation law and the proper use of the Economy
Act. The conferees are concerned that the Preparedness Directorate
is funding new activities for which funds were not specifically appropriated and are not shared services. The conferees direct the
Preparedness Directorate to provide all relevant supporting documents to GAO on an expedited basis. The conferees further direct
the Preparedness Directorate to provide to the Committees on Appropriations, within 30 days after enactment, a budget execution
plan by program, project, and activity.
NATIONAL CAPITAL REGION COORDINATION
The conferees are concerned that planning for evacuation of
the National Capital Region during a disaster has not incorporated
all of the pertinent officials from the appropriate states. Despite requests for such officials to be included by Congress and the effected
states, no such joint planning efforts have occurred. Therefore, the
conferees include bill language requiring the Preparedness Directorate to include the Governors of the State of West Virginia and
the Commonwealth of Pennsylvania in the National Capital Region
planning process for mass evacuations. Further, the conferees direct the Preparedness Directorate to include officials from the counties and municipalities that contain the evacuation routes and their
tributaries in the planning process. The Secretary shall provide a
report to the Committees on Appropriations on the implementation
of the planning process, including a list of participants, no later
than January 23, 2007, and quarterly thereafter, on the progress
made to implement such plans.
jcorcoran on PRODPC62 with REPORTS
NATIONAL PREPAREDNESS INTEGRATION PROGRAM
The conferees note requests for a prioritization of the initiatives proposed to be accomplished by the NPIP have not been fulfilled. Without this prioritization, the conferees were unable to support a level above that recommended by the Senate. The conferees
include bill language withholding the funds provided for the NPIP
until the Committees on Appropriations receive and approve an expenditure plan.
The conferees are concerned with the concept of creating a
Federal Preparedness Coordinator (FPC) for placement in each
Federal Emergency Management Agency (FEMA) Regional Office.
The conferees agree that an official overseeing preparedness by region is appropriate. However, the conferees are not convinced that
creating a senior executive position in the Preparedness Directorate, who reports through a chain of command that does not include response and recovery personnel in FEMA, will further the
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nation’s readiness. Separating preparedness and response functions
is detrimental during a disaster and, as demonstrated in past disasters, leads to a lack of communication and a lack of situational
awareness, with dire consequences. During emergencies, state
emergency managers need clear communications and missions, not
confusion and redundancy. The conferees direct the Under Secretary to focus NPIP funding on plan modernization and resolving
interoperability issues, as outlined by the Under Secretary, and
discourage the use of funds to hire FPCs.
NATIONAL PREPAREDNESS GOAL
The conferees are disturbed by the delay in issuing the final
National Preparedness Goal (Goal). In the fiscal year 2006 statement of managers accompanying the conference report (H. Report
109–241), the conferees directed the Department to issue the final
Goal, including the final Universal Task List and Target Capabilities List, no later than December 31, 2005. To date, the final Goal
and its component pieces have not been published. Absent the final
Goal, national preparedness lacks clear direction and resources
cannot be most efficiently allocated. The conferees direct the Department to publish the final Goal, without further unnecessary
delay. In addition, the Secretary shall provide a report to the Committees on Appropriations explaining what substantive improvements have been made to the Goal as a result of the delay.
INSPECTOR GENERAL REPORT ON THE NATIONAL ASSET DATABASE
Not later than 30 days after the date of enactment of this Act,
the Secretary shall submit to the Committees on Appropriations a
report addressing compliance with the recommendations set forth
in the July 6, 2006, Inspector General report entitled ‘‘Progress in
Developing the National Asset Database.’’ The report shall include
the status of the prioritization of assets into high-value, mediumvalue, and low-value asset tiers, and how such tiers will be used
by the Secretary in the allocation of grant funds.
HURRICANE KATRINA LESSONS LEARNED
One year after Hurricanes Katrina, Rita and Wilma the conferees remain concerned by slow progress of improvement particularly in the areas of training and exercises to better prepare for future emergencies. The conferees expect the relevant Congressional
Committees will be briefed by November 1, 2006, on improvements
to training and exercises as recommended by the White House,
House, and Senate investigations into Katrina.
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NATIONAL EMERGENCY COMMUNICATIONS STRATEGY
The conferees direct the Preparedness Directorate and FEMA
to coordinate revised strategy, procedures, and instructions for supporting national emergency response communications operations.
The Department shall consider the findings and recommendations
of the after action reports for Hurricane Katrina and other disasters produced by the White House, federal agencies, the Congress,
the GAO, and the Inspector General, as well as state and local government commissions who have reported on communications. The
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conferees direct the Secretary to report to the Committees on Appropriations on the progress of this effort by March 1, 2007. The
report shall also include an assessment of short-term (defined as
within two years after the date of enactment of this Act), intermediate-term (defined as between two years and four years after
such date of enactment), and long-term (defined as more than four
years after such date of enactment) actions necessary for the Department to take in order to assist federal, state, and local governments achieve communications interoperability, including equipment acquisition, governance structure, and training.
OFFICE
OF
GRANTS
AND
TRAINING
SALARIES AND EXPENSES
The conferees agree that not to exceed three percent of Homeland Security Grant Program funds and discretionary grants may
be used to fund salaries and expenses.
STATE AND LOCAL PROGRAMS
The conferees agree to provide $2,531,000,000 instead of
$2,594,000,000 as proposed by the House and $2,400,000,000 as
proposed by the Senate. State and Local Programs funding is allocated as follows:
State Formula Grants:
State Homeland Security Program ...............................................
Law Enforcement Terrorism Prevention Program ......................
jcorcoran on PRODPC62 with REPORTS
Subtotal, State Formula Grants .............................................
Discretionary Grants:
High-Threat, High-Density Urban Area .......................................
Port Security ...................................................................................
Trucking Security ...........................................................................
Intercity Bus Security ....................................................................
Rail and Transit Security ..............................................................
Buffer Zone Protection Plan ..........................................................
$525,000,000
375,000,000
900,000,000
770,000,000
210,000,000
12,000,000
12,000,000
175,000,000
50,000,000
Subtotal, Discretionary Grants ..............................................
Commercial Equipment Direct Assistance Program ...........................
National Programs:
National Domestic Preparedness Consortium ..............................
National Exercise Program ............................................................
Metropolitan Medical Response System .......................................
Technical Assistance ......................................................................
Demonstration Training Grants ....................................................
Continuing Training Grants ..........................................................
Citizen Corps ..................................................................................
Evaluations and Assessments .......................................................
Rural Domestic Preparedness Consortium ...................................
1,229,000,000
50,000,000
Subtotal, National Programs ..................................................
352,000,000
Total, State and Local Programs ....................................
$2,531,000,000
145,000,000
49,000,000
33,000,000
18,000,000
30,000,000
31,000,000
15,000,000
19,000,000
12,000,000
For purposes of eligibility for funds under this heading, any
county, city, village, town, district, borough, parish, port authority,
transit authority, intercity rail provider, commuter rail system,
freight rail provider, water district, regional planning commission,
council of government, Indian tribe with jurisdiction over Indian
country, authorized tribal organization, Alaska Native village, independent authority, special district, or other political subdivision of
any state shall constitute a ‘‘local unit of government’’.
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153
The conferees urge the Department to work with state and
local governments to ensure regional authorities, such as port,
transit, or tribal authorities, are given due consideration in the distribution of state formula grants.
The conferees direct the Office of Grants and Training (G and
T) to continue to distribute Homeland Security Grant Program
grants in a manner consistent with the fiscal year 2006 practice.
The conferees disagree with House language regarding the use of
authorized and traditional terrorist focused funding and direct G
and T to not alter the manner in which grant funds are distributed.
While certain grants are authorized to be all-hazard, G and T is
directed to ensure that terrorism-focused funds provided herein are
not misdirected. The Department should continue its efforts to
evaluate State Homeland Security Program (SHSP), Law Enforcement Terrorism Protection Program (LETPP), and High-Threat,
High-Density Urban Area grants (also known as the Urban Areas
Security Initiative or UASI) applications based on risk and on how
effectively these grants will address identified homeland security
needs. In those areas of the country where the risk is very high,
the Department shall work aggressively to ensure these applications are produced in a manner in which appropriate levels of funding reflect the level of threat. The conferees agree that states must
identify gaps in levels of preparedness and how funding will close
those gaps. The Department is encouraged to consider the need for
mass evacuation planning and pre-positioning of equipment for
mass evacuations in allocating first responder funds and in allocating training, exercises and technical assistance funds through
the national programs.
The conferees include bill language requiring the GAO to report on the validity, relevance, reliability, timeliness, and availability of the risk factors, and the application of those factors in the
allocation of discretionary grants to the Committees on Appropriations no later than 45 days after enactment. The Secretary is required to provide GAO with the necessary information seven days
after enactment of this Act. The conferees direct the Preparedness
Directorate to brief the Committees on Appropriations by November 1, 2006, on the steps it is taking to make transparent to states
its risk-based grant methodology.
The conferees agree that for SHSP, LETPP, and UASI grants,
application kits shall be made available 45 days after enactment of
this Act, states shall have 90 days to apply after the grant is announced, and G and T shall act on an application 90 days after receipt of an application. The conferees further agree that no less
than 80 percent of these funds shall be passed by the state to local
units of government within 60 days of the state receiving funds, except in the case of Puerto Rico, where no less than 50 percent of
any grant under this paragraph shall be made available to local
governments within 60 days after the receipt of the funds. The conferees direct the Secretary to submit a report to the Committees on
Appropriations containing an assessment of state compliance in fiscal years 2005 and 2006 with the requirement to pass through
funds in 60 days, accompanied by recommendations, if appropriate,
to improve compliance.
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The conferees are disappointed with the slow pace of discretionary transportation and infrastructure grant awards in fiscal
year 2006. Bill language is included requiring port, trucking, intercity bus, intercity passenger rail transportation, and buffer zone
protection grant applications to be made available 75 days after enactment; applicants shall have 45 days to apply after the grant is
announced; and G and T shall act on an application within 60 days
after receipt of an application.
The conferees continue and modify a provision requiring notification of the Committees on Appropriations before grant notifications are made. For Homeland Security Grant Program funds, G
and T will brief the Committees on Appropriations five full business days in advance of any notifications.
The conferees expect G and T to continue all current overtime
reimbursement practices. The conferees continue bill language prohibiting the use of funds for construction, except for Port Security,
Rail and Transit Security, and the Buffer Zone Protection grants.
However, bill language is included to allow SHSP, LETPP, and
UASI grants to be used for minor perimeter security projects and
minor construction or renovation of necessary guard facilities, fencing, and related efforts, not to exceed $1,000,000 as deemed necessary by the Secretary. The conferees further agree the installation of communication towers that are included in a jurisdiction’s
interoperable communications plan does not constitute construction
for the purposes of this Act.
The Secretary of Homeland Security is encouraged to consult
with the National Council on Radiation Protection and Measurements and other qualified governmental and non-governmental organizations in preparing guidance and recommendation for emergency responders to assist recovery operations, and to protect the
general public with respect to radiological terrorism, threats, and
events.
STATE FORMULA GRANTS
The conferees agree to provide $525,000,000 for the State
Homeland Security Program instead of $545,000,000 as proposed
by the House and $500,000,000 as proposed by the Senate. The
conferees provide $375,000,000 for the Law Enforcement Terrorism
Protection Program instead of $400,000,000 as proposed by the
House and $350,000,000 as proposed by the Senate.
jcorcoran on PRODPC62 with REPORTS
DISCRETIONARY GRANTS
The conferees agree to provide $1,229,000,000 instead of
$1,235,000,000 as proposed by the House and $1,172,000,000 as
proposed by the Senate. Within this total, $770,000,000 is made
available to the Secretary for discretionary grants to high-threat,
high-density urban areas. The conferees include bill language requiring the Secretary to distribute funds allocated in fiscal year
2006 for grants to non-profit organizations determined by the Secretary to be at high risk of terrorist attack. The Secretary shall
consider prior threats or attacks against like organizations when
determining risk, and shall notify the Committees on Appropriations of the high risk or potential high risk to each designated tax
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exempt grantee at least five full business days in advance of the
announcement of any grant award.
The conferees agree that for discretionary transportation and
infrastructure grants, Transportation Security Administration
(TSA) and Infrastructure Protection and Information Security
(IPIS) shall retain operational subject matter expertise of these
grants and will be fully engaged in the administration of related
grant programs. The Office of Grants and Training shall also continue to work with the Science and Technology Directorate (S&T)
on the identification of possible research and design requirements
for rail and transit security.
PORT SECURITY
The conferees agree to provide $210,000,000 as proposed by the
Senate instead of $200,000,000 as proposed by the House. The conferees direct G and T to ensure all port security grants are coordinated with the state, local port authority, and the Captain of the
Port, so all vested parties are aware of grant determinations and
that limited resources are maximized. The conferees further direct
G and T to work with IPIS to determine the threat environment
at individual ports and with the Coast Guard to evaluate each
port’s vulnerability. The conferees expect funds to be directed to
ports with the highest risk and largest vulnerabilities.
TRUCKING INDUSTRY SECURITY
The conferees agree to provide $12,000,000 for this program,
$7,000,000 above the House and Senate levels, to maintain and enhance current training levels, and to work toward the Highway
Watch stated goal of enrolling 1,000,000 truckers.
INTERCITY BUS SECURITY
The conferees agree to provide $12,000,000 for Intercity Bus
Security grants as proposed by the Senate instead of $10,000,000
as proposed by the House. The conferees agree with language in
the Senate report that intercity bus security grants will support
the improvement of ticket identification, the installation of driver
shields, the enhancement of emergency communications, enhancement of facility security, and further implementation of passenger
screening.
RAIL AND TRANSIT SECURITY
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The conferees agree to provide $175,000,000, instead of
$200,000,000 as proposed by the House and $150,000,000 as proposed by the Senate.
The conferees are concerned the nation’s rails are vulnerable,
at-risk systems since they are not designed to adequately resist, respond to, manage or rapidly recover from natural or manmade crises. The conferees encourage G and T to coordinate with short line
and regional railroads to address the rail system’s security and
safety challenges for both manmade and natural disasters.
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BUFFER ZONE PROTECTION PROGRAM
The Committee recommends $50,000,000 for the Buffer Zone
Protection Program (BZPP), as proposed by the House and Senate.
The conferees concur with House report language directing G and
T to continue to work with IPIS to identify critical infrastructure,
assess vulnerabilities at those sites, and direct funding to resolve
those vulnerabilities. The conferees do not agree to language contained in the Senate report relating to BZPP grants and the protection of federal facilities. The conferees note that under current
guidance, federal facilities are not eligible for BZPP grants.
COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP)
The conferees agree to provide $50,000,000, instead of
$75,000,000 as proposed by the House and $40,000,000 as proposed
by the Senate. The conferees direct the Department to award funding through CEDAP only if projects or equipment are consistent
with State Homeland Security Strategies and the unmet essential
capabilities identified through HSPD–8.
NATIONAL PROGRAMS
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
The conferees agree to provide $145,000,000 as proposed by the
Senate instead of $135,000,000 as proposed by the House. This
funding shall be distributed in a manner consistent with fiscal year
2006. The conferees concur with Senate report language directing
G and T to prepare a long-range strategic plan for the National Domestic Preparedness Consortium.
METROPOLITAN MEDICAL RESPONSE SYSTEM
The conferees agree to provide $33,000,000 instead of
$30,000,000 as proposed by the House and $35,000,000 as proposed
by the Senate.
TECHNICAL ASSISTANCE
The conferees agree to provide $18,000,000 as proposed by the
Senate instead of $25,000,000 as proposed by the House.
The conferees support the House language that the Department continues the National Memorial Institute for the Prevention
of Terrorism’s (MIPT) Lessons Learned Information Sharing and
Responder Knowledge Base under the oversight of the Preparedness Directorate. The conferees direct the Department to continue
these important public service programs and ensure MIPT’s inclusion in any competition.
DEMONSTRATION TRAINING GRANTS
The conferees agree to provide $30,000,000 as proposed by the
House instead of $25,000,000 as proposed by the Senate.
jcorcoran on PRODPC62 with REPORTS
CONTINUING TRAINING GRANTS
The conferees agree to provide $31,000,000 instead of
$35,000,000 as proposed by the House and $30,000,000 as proposed
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by the Senate. The conferees recommend full funding for the graduate-level homeland security education programs currently supported by the Department and encourage the Department to leverage these existing programs to meet the growing need for graduatelevel education.
CITIZEN CORPS
The conferees agree to provide $15,000,000 instead of
$20,000,000 as proposed by the Senate. The House did not provide
funds for this program.
RURAL DOMESTIC PREPAREDNESS CONSORTIUM
The conferees agree to provide $12,000,000 as proposed by the
House. The Senate did not provide funds for this program. The conferees direct G and T to continue the development of specialized
and innovative training curricula for rural first responders and ensure the coordination of such efforts with existing Office of Grants
and Training partners.
NATIONWIDE PLAN REVIEW PHASE 2 REPORT
The Preparedness Directorate and the Federal Emergency
Management Agency are directed to brief the Committees on Appropriations 45 days after the date of enactment of this Act and
quarterly thereafter, on the progress made to implement each of
the conclusions of the June 16, 2006, Nationwide Plan Review
Phase 2 Report. The first briefing shall include a detailed timeline
for the completion of implementing each conclusion with major
milestones and how the implementation of the conclusions are
being coordinated with the guidelines developed by the Department
for state and local governments as required in Public Law 109–90.
The conferees direct the Department to work with all stakeholders
to resolve the findings of the Nationwide Plan Review Phase 2 in
accordance with the fiscal year 2007 Senate Report.
EMERGENCY MEDICAL SERVICES
The conferees remain concerned with the lack of first responder grant funding being provided to the Emergency Medical
Services (EMS) community and direct G and T to require in its
grant guidance that state and local governments include EMS representatives in planning committees as an equal partner and to facilitate a nationwide EMS needs assessment. In addition, no later
than January 23, 2007, the Department shall report to the Committees on Appropriations, the House Committee on Homeland Security, and the Senate Committee on Homeland Security and Governmental Affairs, on the use of Homeland Security Grant Program
funds and Firefighter Assistance Grant funds for EMS.
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FIREFIGHTER ASSISTANCE GRANTS
The conferees agree to provide $662,000,000 instead of
$655,200,000 as proposed by the House and $680,000,000 as proposed by the Senate. Of this amount, $115,000,000 shall be for firefighter staffing, as authorized by section 34 of the Federal Fire Pre-
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vention and Control Act of 1974, instead of $112,100,000 as proposed by the House and $127,500,000 as proposed by the Senate.
The conferees concur with language in the Senate report directing the Department to favor those grant applications that take
a regional approach in equipment purchases and their future deployment.
The conferees further agree to make $3,000,000 available for
implementation of section 205(c) of Public Law 108–169, the United
States Fire Administration Reauthorization Act of 2003.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The conferees agree to provide $200,000,000 instead of
$186,000,000 as proposed by the House and $220,000,000 as proposed by the Senate.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The conferees agree to provide for the receipt and expenditure
of fees collected, as authorized by Public Law 105–276 and as proposed by both the House and Senate.
UNITED STATES FIRE ADMINISTRATION
AND
TRAINING
The conferees agree to provide $46,849,000 for the United
States Fire Administration and Training as proposed by the House
and instead of $45,887,000 as proposed by the Senate. Of this
amount, $5,500,000 is for the Noble Training Center.
The FIRE Act requires the United States Fire Administration
to submit to the Congress by April 28, 2006, an assessment of capability gaps that fire departments currently possess in equipment,
training and staffing. While the U.S. Fire Administration has completed the assessment, it has not been submitted to the Congress.
The conferees direct the Secretary to submit the report no later
than November 1, 2006.
INFRASTRUCTURE PROTECTION
AND INFORMATION
SECURITY
The conferees agree to provide $547,633,000 for Infrastructure
Protection and Information Security (IPIS) instead of $549,140,000
as proposed by the House and $525,056,000 as proposed by the
Senate. Funding is allocated as follows:
Management and Administration ........................................................
Critical Infrastructure Outreach and Partnership .............................
Critical Infrastructure Identification and Evaluation ........................
National Infrastructure Simulation and Analysis Center ..................
Biosurveillance .......................................................................................
Protective Actions ..................................................................................
Cyber Security .......................................................................................
National Security/Emergency Preparedness Telecommunications ....
$77,000,000
101,100,000
69,000,000
25,000,000
8,218,000
32,043,000
92,000,000
143,272,000
Total .............................................................................................
$547,633,000
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BUDGET
The conferees support language contained in the House report
concerning the format of the IPIS fiscal year 2008 budget justification with budget lines that align with the operational divisions and
programs of IPIS as well as language directing the Department to
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fully display program transfers. The conferees direct the Department to work with the Committees on Appropriations to create an
acceptable budget structure.
BUDGET OFFICE
The conferees direct DHS to establish a budget office within
IPIS and include sufficient funds for two positions. The budget officer and staff will support the Office of Infrastructure Protection
and the Office of Information Security in its efforts to align its
budget with its organizational structure, better formulate and execute its resources, and perform other budgetary and financial activities, as necessary.
CRITICAL INFRASTRUCTURE IDENTIFICATION AND EVALUATION
The conferees agree to provide $69,000,000 for Critical Infrastructure Identification and Evaluation instead of $71,631,000 as
proposed by the House and $67,815,000 as proposed by the Senate.
The conferees support the budget request for the Protective Security Analysis Center.
CHEMICAL SITE SECURITY
The conferees support language in the House report providing
$10,000,000 for the Chemical Site Security program and direct the
Department to provide the Committees on Appropriations an expenditure plan showing how these resources will be used.
CHEMICAL SECTOR SECURITY RESOURCE NEEDS
The conferees include bill language withholding $10,000,000
until the Committees on Appropriations receive the report required
in the statement of the managers (House Report 109–241) accompanying P.L. 109–90 on departmental resources necessary to implement mandatory security requirements for the nation’s chemical
sector.
CRITICAL INFRASTRUCTURE OUTREACH AND PARTNERSHIP
The conferees agree to provide $101,100,000 for Critical Infrastructure Outreach and Partnership as proposed by the House instead of $104,600,000 as proposed by the Senate. The conferees
provide $5,000,000 for the Homeland Secure Information Network,
as requested.
CYBER SECURITY AND INFORMATION SHARING INITIATIVE
The conferees agree to provide $16,700,000 to continue the National Cyber Security Division’s Cyber Security and Information
Sharing Initiative instead of $11,700,000 as proposed by the Senate.
jcorcoran on PRODPC62 with REPORTS
BOMBING PREVENTION
The conferees support language contained in the Senate report
on the Office of Bombing Prevention directing the Secretary to develop a national strategy for bombing prevention, including a review of existing federal, state, and local efforts in this effort. The
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strategy shall be submitted to the Committees on Appropriations
no later than January 23, 2007.
BUFFER ZONE PROTECTION PROGRAM
The conferees encourage the Department to continue the chemical and other high risk sector Buffer Zone Protection Program in
fiscal year 2007. The conferees note $25,000,000 was allocated in
fiscal year 2006 for this program and encourage IPIS to utilize section 503 of this Act to provide appropriate funding in fiscal year
2007, if funding is available.
TRANSPORTATION VULNERABILITY REPORT
The conferees direct the Secretary to submit a report to the
Committees on Appropriations; the Senate Committee on Commerce, Science, and Transportation; and the House Committee on
Transportation and Infrastructure no later than March 1, 2007, describing the security vulnerabilities of all rail, transit, and highway
bridges and tunnels connecting Northern New Jersey, New York
and the five boroughs of New York City.
FEDERAL EMERGENCY MANAGEMENT AGENCY
The conferees do not incorporate Senate language on an organization review.
ADMINISTRATIVE AND REGIONAL OPERATIONS
The conferees agree to provide $282,000,000 instead of
$254,499,000 as proposed by the House and $249,499,000 as proposed by the Senate.
WORKFORCE STRATEGY
The conferees remain concerned about the numerous personnel
and senior leadership vacancies within the Federal Emergency
Management Agency (FEMA). Therefore, the conferees provide an
additional $30,000,000 to fund up to 250 permanent disaster staff
to replace the existing temporary Stafford Act workforce. The
House and Senate reports direct FEMA to develop a comprehensive
workforce strategy, which includes hiring goals for vacant positions, retention initiatives, training needs, and resource needs to
bolster its workforce. The conferees direct the Administrator to
submit to the Committees on Appropriations the strategic human
capital plan outlined in Title VI.
The conferees concur with House report language directing the
Department to finish the national build-out of the Digital Emergency Alert System with Public Television and to provide for origination of emergency alert messages from authorized local and state
officials.
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READINESS, MITIGATION, RESPONSE, AND RECOVERY
The conferees agree to provide $244,000,000 instead of
$240,199,000 as proposed by the House and $240,000,000 as proposed by the Senate.
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URBAN SEARCH AND RESCUE
Of the funds provided for Readiness, Mitigation, Response, and
Recovery, the conferees agree to provide $25,000,000 for urban
search and rescue instead of $19,817,000 as proposed by the House
and $30,000,000 as proposed by Senate.
CATASTROPHIC PLANNING
The conferees concur with House report language requesting
an expenditure plan for catastrophic planning but do not withhold
funding until such time as this plan is submitted.
HURRICANE KATRINA LESSONS LEARNED
The conferees continue to be concerned about FEMA’s ability
to incorporate the lessons learned from Hurricane Katrina, in particular in the areas of logistics tracking, incident management capability of the National Response Coordination Center, temporary
housing for evacuated residents, and debris removal. The conferees
direct FEMA to brief the Committees on Appropriations on the status of continuing improvements and changes to FEMA as a result
of lessons learned from Hurricane Katrina.
DISASTER SPENDING PROGRAMS
The conferees are concerned by the findings of the Government
Accountability Office, the DHS Inspector General, and others regarding the fraud and abuse associated with victim assistance programs and other disaster spending for the 2005 Gulf Coast hurricanes. The conferees concur with language in the House and Senate reports directing FEMA to correct weaknesses in its disaster
assistance claims system. The conferees expect FEMA to include
corrective actions for the disaster claims system in the brief to the
Committees on Appropriations on Hurricane Katrina Lessons
Learned.
The conferees understand FEMA has begun comprehensive
modernization of its legacy information management systems into
an Enterprise Content Management System and development of
such a system is a basic requirement for FEMA to have the capacity to handle expected future caseloads. The conferees encourage
FEMA to pursue this improved document reporting and tracking
system.
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CONTRACTS
FEMA shall provide a quarterly report to the Committees on
Appropriations regarding all contracts issued during any disaster.
The report shall include a detailed justification for any contract entered into using procedures based upon the unusual and compelling
urgency exception to competitive procedures requirements under
section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) of title
10, United States Code. Justification details by individual contract
are to include, at least: the amount of funds, the timeframe, the
contractor, a specific reason why the contract could not be competed and how action may be taken to ensure competition of the
contract in the future without impeding timely disaster response.
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LOGISTICS CENTERS
The conferees direct the Department to brief the Committees
on Appropriations on the strategic or business plan that guided the
site selection for the logistics centers and locations for
prepositioned items and any plans for future movement of assets
or actions to extend or add centers or the locations of prepositioned
items. The conferees concur with language in the House and Senate reports regarding pre-positioning Meals-Ready-to-Eat.
The conferees direct FEMA to use no less than $5,000,000 to
develop a demonstration program with regional and local governments in the formation of innovative public and private logistical
partnerships and centers to improve readiness, increase response
capacity, and maximize the management and impact of homeland
security resources.
The conferees agree the lack of coordinated incident management contributed to failures at all levels of government during
Hurricane Katrina. The White House Report: ‘‘The Federal Response to Hurricane Katrina: Lessons Learned’’ states, ‘‘DHS
should establish and maintain a deployable communications capability to quickly gain and retain situational awareness when responding to catastrophic events’’. The conferees agree and direct
DHS to support deployment of integrated and regional near realtime information and incident tracking systems. The conferees encourage DHS to work with regional state emergency managers to
deploy an operationally ready National Incident Management System (NIMS) compliant incident management system for use by the
first responder community that includes redundant 24/7 online capability.
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
The conferees encourage FEMA to assess how the National
Center for Missing and Exploited Children and state family assistance call centers can best contribute to the National Response Plan
in helping disaster victims locate family members. The Secretary
shall submit a report to the Committees on Appropriations no later
than 45 days after enactment of this Act.
NATIONAL INCIDENT MANAGEMENT SYSTEM
Of the funds provided for Readiness, Mitigation, Response, and
Recovery, the conferees agree to provide $30,000,000 for the National Incident Management System (NIMS) as proposed by the
House. The conferees direct FEMA to use no less than $10,000,000
to continue to implement NIMS nationwide, with a focus specifically on standards identification, testing and evaluation of equipment, and gap and lessons learned identification.
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LEVEE RECERTIFICATION
The conferees understand FEMA is in the process of revising
its levee certification regulations and guidance. The conferees expect FEMA to utilize the latest findings of the Army Corps of Engineers levee inventory when developing its regulations and guidance. The conferees direct FEMA to provide a status report, no
later than 60 days after enactment of this Act, on its processes for
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levee certification. This status report should include the Army
Corps of Engineers levee inventory, the number and location of levees that require certification, the estimated costs of recertifying,
the resources required to fulfill the new certification regulations,
and a description of the Administration’s policy on how these cost
requirements should be met.
EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM
The conferees understand the emergency preparedness demonstration program is in the information collection phase. The conferees direct FEMA to expand this pilot demonstration project so
information from Hurricane Katrina victims can be added to this
study. The conferees recognize this may cause the time of the study
to lengthen and direct FEMA to provide an interim report to the
Committees on Appropriations by March 31, 2007.
PUBLIC HEALTH PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conferees provide $33,885,000 for public health programs
to fund the National Disaster Medical System (NDMS), as proposed
in the budget, and include bill language transferring all the funding, components, and functions of the NDMS to the Department of
Health and Human Services, effective January 1, 2007.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $1,500,000,000, instead of
$1,676,891,000, as proposed by the House and $1,582,000,000 as
proposed by the Senate. The conferees include bill language as proposed by the Senate, permitting up to $13,500,000 for the Office of
Inspector General to be drawn from the Disaster Relief Fund for
audits and investigations related to natural disasters.
The conferees understand FEMA intends to use the almost
20,000 manufactured housing units that were not used in the 2005
hurricane season for future disasters, and encourage FEMA to do
so. The conferees are concerned a portion of the 128,000 units currently occupied will come back into the FEMA stock as previous
disaster victims find other living arrangements and units are refurbished in accordance with FEMA policy. The conferees direct
FEMA to take an aggressive approach in managing the manufactured housing supply in a cost-effective manner and to brief the
Committees on Appropriations regarding the supply on hand, the
cost of maintenance and storage, the anticipated use, and strategic
storage location of unoccupied manufactured units.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
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The conferees agree to provide $569,000 for administrative expenses as proposed by both the House and Senate. Gross obligations for the principal amount of direct loans shall not exceed
$25,000,000 as proposed by both the House and Senate.
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FLOOD MAP MODERNIZATION FUND
The conferees agree to provide $198,980,000 as proposed by
both the House and Senate for the Flood Map Modernization Fund.
The conferees recognize the importance of the Flood Map Modernization Program to state and local governments. When allocating funds, the conferees encourage FEMA to prioritize as criteria the number of stream and coastal miles within the state, the
Mississippi River Delta region, and the participation of the state in
leveraging non-federal contributions. The conferees further direct
FEMA to recognize and support those states that integrate the
Flood Map Modernization Program with other state programs to
enhance greater security efforts and capabilities in the areas of
emergency management, transportation planning and disaster response. The conferees recognize the usefulness of updated flood
maps in state planning, and encourage this efficient use of federal
dollars.
The conferees are concerned the Flood Map Modernization Program is using outdated and inaccurate data when developing its
maps. The conferees direct FEMA, in consultation with the Office
of Management and Budget, to review technologies by other Federal agencies, such as the National Oceanic and Atmospheric Administration, the National Geospatial Intelligence Agency, and the
Department of Defense, use to collect elevation data. The conferees
expect a briefing no later than 180 days after enactment of this Act
on the technologies available, the resources needed for each technology, and a recommendation of what is most effective for the
Flood Map Modernization Program.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $38,230,000 for salaries and expenses as proposed by both the House and Senate. The conferees
further agree to provide up to $50,000,000 for severe repetitive loss
property mitigation expenses under section 1361A of the National
Flood Insurance Act of 1968 and a repetitive loss property mitigation pilot program under section 1323 of the National Flood Insurance Act; and up to $90,358,000 for other flood mitigation activities, of which up to $31,000,000 is available for transfer to the National Flood Mitigation Fund. Total funding of $128,588,000 is offset by premium collections. The conferees further agree on limitations of $70,000,000 for operating expenses, $692,999,000 for
agents’ commissions and taxes, and ‘‘such sums’’ for interest on
Treasury borrowings.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
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The conferees agree to provide $31,000,000 by transfer from
the National Flood Insurance Fund as proposed by the House and
Senate.
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NATIONAL PREDISASTER MITIGATION FUND
The conferees agree to provide $100,000,000 as proposed by the
House instead of $149,978,000 as proposed by the Senate. While
the conferees are supportive of the Predisaster Mitigation program,
they remain concerned by the slow pace of implementation and the
obligation of the funds. This program has a large unobligated balance of $53,000,000. The conferees encourage FEMA to implement
lessons learned, as described in the report on impediments to timely obligations of the Fund submitted to the Committees on Appropriations in compliance with the Senate Report 109–83 accompanying the fiscal year 2006 Department of Homeland Security Appropriations Act (P.L. 109–90) and direct FEMA to brief the Committees on Appropriations on the progress of the implementation.
EMERGENCY FOOD AND SHELTER
The conferees agree to provide $151,470,000 as proposed by
both the House and Senate.
TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND
SERVICES
UNITED STATES CITIZENSHIP
AND IMMIGRATION
SERVICES
The conferees agree to provide $181,990,000 as proposed by the
House instead of $134,990,000 as proposed by the Senate for
United States Citizenship and Immigration Services (USCIS), of
which $93,500,000 is available until expended. The conference
agreement includes $47,000,000 for USCIS business system and information technology transformation, including converting immigration records into digital format, to remain available until expended; $21,100,000 for the Systematic Alien Verification for Entitlements (SAVE) program; and $113,890,000 to expand the Employment Eligibility Verification (EEV) program. Current estimates
of fee collections are $1,804,000,000, for total resources available to
USCIS of $1,985,990,000. The conferees direct that, of these collections, not to exceed $5,000 shall be for official reception and representation expenses.
The following table specifies funding by budget activity, and includes both direct appropriations and estimated collections:
Direct Appropriations:
Business and IT Transformation ...................................................
Systematic Alien Verification for Entitlements (SAVE) ..............
Employment Eligibility Verification (EEV) ..................................
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Subtotal, Direct Appropriations .............................................
Adjudication Services (fee accounts):
Pay and Benefits .............................................................................
Operating Expenses:
District Operations ..................................................................
Service Center Operations ......................................................
Asylum, Refugee and International Operations ...................
Records Operations .................................................................
Subtotal, Adjudication Services ......................................
Information and Customer Services (Immigration Examination Fee
Accounts):
Pay and Benefits .............................................................................
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$47,000,000
21,100,000
113,890,000
181,990,000
624,600,000
385,400,000
267,000,000
75,000,000
67,000,000
1,419,000,000
81,000,000
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166
Operating Expenses:
National Customer Service Center ........................................
Information Services ...............................................................
48,000,000
15,000,000
Subtotal, Information and Customer Services ...............
Administration (Immigration Examination Fee Accounts):
Pay and Benefits .............................................................................
Operating Expenses .......................................................................
144,000,000
45,000,000
196,000,000
Subtotal, Administration .................................................
Fraud Prevention and Detection Fee Account ....................................
H–1B Non-Immigrant Petitioner Fee Account ....................................
241,000,000
31,000,000
13,000,000
Total, U.S. Citizenship and Immigration Services ........
1,985,990,000
BUSINESS AND INFORMATION TECHNOLOGY TRANSFORMATION
The conferees include $47,000,000 to support the business system and information technology transformation process at USCIS.
The conferees direct USCIS not to obligate these funds until the
Committees on Appropriations have received and approved a strategic transformation plan and expenditure plan that has been reviewed by the Secretary and the Government Accountability Office.
The expenditure plan should include a detailed breakout of costs
associated with the USCIS business and information technology
transformation effort in fiscal year 2007, a report on how the transformation process is aligned with USCIS and Departmental Enterprise Architecture, and details on expected project performance and
deliverables.
The Department stated in its request that it would also apply
$65,000,000 in fee revenues to this effort, for a total fiscal year
2007 program of $112,000,000. The conferees expect the aforementioned expenditure plan will reflect all resources associated with
transformation efforts, and address the impact of availability of
such fee revenue.
SECURITY AND INTERNAL AFFAIRS
The conferees are concerned with reports that USCIS may be
at risk for security lapses, in part because the Office of Security
and Investigations has a significant case backlog, and in part because some USCIS adjudicators may lack necessary security clearances. As a result, critical enforcement actions could be delayed, or
adjudicators could find themselves unable to access relevant
watchlist databases, increasing the risk that immigration benefits
could be granted to ineligible recipients. The conferees direct
USCIS to work closely with Immigration and Customs Enforcement
and the Office of the Inspector General to address these security
vulnerabilities.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
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SALARIES AND EXPENSES
The conferees agree to provide $211,033,000, instead of
$210,507,000 as proposed by the House and $207,634,000 as proposed by the Senate. Included in this amount is $1,042,000 for salaries and expenses at the Counterterrorism Operations Training
Facility. The increase from the budget request includes $4,691,000
for training resources proposed to be funded in Customs and Bor-
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der Protection and $4,444,000 for training resources proposed to be
funded in Immigration and Customs Enforcement. The conferees
also extend the rehired annuitant authority through December 31,
2007.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS,
EXPENSES
AND
RELATED
The conferees agree to provide $64,246,000, instead of
$42,246,000 as proposed by the House and $63,246,000 as proposed
by the Senate. Included in this amount is $1,000,000 for the construction of the Counterterrorism Operations Training Facility. The
increase from the budget request includes $22,000,000 for renovation and construction needs at the Artesia, New Mexico training
center.
SCIENCE
AND
MANAGEMENT
TECHNOLOGY
AND
ADMINISTRATION
The conferees agree to provide $135,000,000 for management
and administration of Science and Technology (S&T) instead of
$180,901,000 as proposed by the House and $104,414,000 as proposed by the Senate. This amount includes $7,594,000 for the immediate Office of the Under Secretary and $127,406,000 for other
salaries and expenses.
The conferees provide funding under this account for the salary, expenses and benefits of full-time federal and contract employees; S&T’s portion of the Working Capital Fund; and for S&T Business Operations.
Funding for other management and administration costs such
as laboratory construction and maintenance; individuals and
detailees provided through the Intergovernmental Personnel Act;
and contract support associated with certain projects within the
portfolio will be provided within the ‘‘Research, Development, Acquisition and Operations’’ account. The conferees direct S&T to report to the Committees on Appropriations any assessment of the
aforementioned costs exceeding five percent of the total program
appropriation, which shall be subject to section 503 of this Act. The
conferees include bill language withholding $60,000,000 until the
Committees receive and approve an expenditure plan described in
the bill.
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FIVE-YEAR RESEARCH PLAN AND BUSINESS MODEL
The conferees expect S&T to greatly improve its research strategic plan and its budget documents. These documents should reflect the new vision for S&T as proposed by the Under Secretary.
The conferees direct the Under Secretary to develop a five-year research plan, which outlines its priorities, performance measures for
each portfolio and resources needed to meet its mission. This plan
should also incorporate a business model for its output of services
and technologies to its end user. The conferees expect the Under
Secretary to brief the Committees on Appropriations no later than
180 days after the date of enactment of this Act.
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RESEARCH, DEVELOPMENT, ACQUISITION,
AND
OPERATIONS
The conferees agree to provide $838,109,000 for research, development, acquisition, and operations instead of $775,370,000 as
proposed by the House and $714,041,000 as proposed by the Senate.
The following table specifies funding by budget activity:
Biological Countermeasures ..................................................................
Chemical Countermeasures ..................................................................
Explosives Countermeasures ................................................................
Threat and Vulnerability, Testing and Assessment ...........................
Conventional Missions ..........................................................................
Standards Coordination ........................................................................
Emergent Prototypical Technologies ....................................................
Critical Infrastructure Protection .........................................................
University Programs .............................................................................
Counter MANPADS ...............................................................................
Safety Act ...............................................................................................
Cyber Security .......................................................................................
Interoperability and Compatibility .......................................................
Pacific Northwest National Laboratory ...............................................
$350,200,000
60,000,000
86,582,000
35,000,000
85,622,000
22,131,000
19,451,000
35,413,000
50,000,000
40,000,000
4,710,000
20,000,000
27,000,000
2,000,000
Total .................................................................................................
838,109,000
BIOLOGICAL COUNTERMEASURES
The conferees agree to provide $350,200,000 for Biological
Countermeasures instead of $337,200,000 as proposed by the
House and $327,200,000 as proposed by the Senate. Of the amount
provided, the conferees agree to provide up to $82,800,000 for the
BioWatch program. The conferees also agree to provide $23,000,000
for site selection and other pre-construction activities for the National Bio and Agrodefense Facility. The conferees expect the Department to submit a project schedule, including expected completion dates and funding requirements for all phases of the project,
to the Committees on Appropriations within 45 days after the date
of enactment of this Act.
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BIOLOGICAL COUNTERMEASURES STRATEGIC PLAN
The conferees believe DHS should establish an architecture to
outline and coordinate federal biological activities, and to chart future federal activities and goals. S&T, in consultation with the
DHS Chief Medical Officer, Department of Health and Human
Services, United States Department of Agriculture, and other participating federal departments, shall submit a strategic plan to the
Committees on Appropriations; the House Homeland Security Committee; the House Science Committee; the Senate Commerce,
Science and Transportation Committee; the Senate Energy and
Natural Resources Committee; and the Senate Homeland Security
and Governmental Affairs Committee outlining the various missions of each agency and how they relate to one another. Further,
the strategic plan should specifically describe DHS’s roles and responsibilities; its framework for deploying biological sensors, including how detector alerts will be managed; its plans to enhance
advanced animal vaccine research and other agro-terrorism defense
efforts; its overall fulfillment of the Department’s obligations under
HSPD–10; and how its other activities relate to and will be coordinated with similar efforts by other government agencies.
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URBAN DISPERSION
The conferees support the House report language on Urban
Dispersion recommending continued funding of this program.
EXPLOSIVES COUNTERMEASURES
The conferees agree to provide $86,582,000 for explosives countermeasures, instead of $76,582,000 as proposed by the House and
a total of $86,582,000 as proposed by the Senate, of which
$81,582,000 was included in the Transportation Security Administration account. The conferees include $13,500,000 for Manhattan
II as proposed by the House.
The conferees are concerned about the recent discoveries by
British officials of terrorist efforts to bring explosives aboard aircraft. S&T has efforts underway to find and develop practical technologies for detecting explosive substances regardless of their shape
or form. The conferees direct S&T to aggressively pursue its efforts
to develop such technologies and strengthen any efforts to find explosives.
TRANSPORTATION SECURITY LABORATORY (TSL)
The conferees agree to keep the TSL within S&T. The conferees direct S&T to work with Transportation Security Administration (TSA) to determine appropriate detection research and technology requirements to sustain current and advance future aviation
security capabilities. S&T should clearly reflect resource needs for
the TSL in the fiscal year 2008 budget request to achieve these requirements. The conferees further direct S&T to work expeditiously
with TSA to develop a research execution plan that meets the
needs of TSA within the amounts provided.
PACIFIC NORTHWEST NATIONAL LABORATORY
The conferees include $2,000,000 for construction of radiological laboratories at the Pacific Northwest National Laboratory
and direct the Department to fully fund its obligations and characterize its efforts at this site in the fiscal year 2008 budget submission.
CONVENTIONAL MISSIONS
The conferees agree to provide $85,622,000 for Conventional
Missions, as proposed by the House instead of $80,000,000 as proposed by the Senate. The conferees provide funding for the Regional Technology Integration initiative at the fiscal year 2007 request level. The conferees support Senate report language encouraging S&T to continue funding for technology which enables users
to collect and analyze surveillance data to detect suspicious activities in the vicinity of critical ports and infrastructure. The conferees also support Senate report language continuing the Regional
Research Pilot program at the fiscal year 2006 level.
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NEW TECHNOLOGIES
The conferees believe new technologies may significantly help
the Department as it seeks to secure our homeland. The conferees
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encourage the Department to develop such technologies as singlet
oxygen generating chemical and enzymatic systems, airborne rapid
imaging, privacy Real ID technology, anti-microbial coating free
masks, lightweight miniature cooling systems for protective gear,
body armor designed to reduce back problems, security of open
source systems, nanotechnology based flow cytometer, doorless
maritime cargo container security technology, deployment research
of water and air system biosensors, photonic and microsystem technologies for high threat problem-solving and coordinate standards
for intelligent video software.
EMERGENT AND PROTOTYPICAL TECHNOLOGIES
The conferees provide $19,451,000 for Emergent and
Prototypical Technologies as proposed by the House instead of
$12,500,000 as proposed by the Senate. The conferees support
House report language supporting the budget request for the Public
Safety and Security Institute for Technology centralized clearinghouse. The conferees direct DHS to work with the operators of the
relevant databases, websites and portals within DHS, including the
Responder Knowledge Base, to integrate this information into the
centralized clearinghouse.
CRITICAL INFRASTRUCTURE PROTECTION
The conferees agree to provide $35,413,000 for Critical Infrastructure Protection research, including $20,000,000 to support existing work in research and development and application of technology for community-based critical infrastructure protection efforts. The conferees provide up to $5,000,000 for modeling and simulation.
UNIVERSITY PROGRAMS
The University program has the potential to facilitate cuttingedge research on homeland security issues. The conferees encourage S&T to solicit a wide variety of research projects from the
plethora of universities engaged in homeland security research that
focus on the greatest risks facing the nation. The conferees direct
the Under Secretary of Science and Technology to brief the Committees on Appropriations, no later than 60 days after the date of
the enactment of this Act, on the University-Based Centers of Excellence Program goals for fiscal year 2007 and outcomes projected
for each center for the next three years.
COUNTER-MAN PORTABLE AIR DEFENSE SYSTEMS
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The conferees provide $35,000,000 as proposed by the Senate
for a comprehensive passenger aircraft suitability assessment. The
conferees urge S&T to include the passenger airline industry in the
evaluation phase of this assessment. The conferees direct the
Under Secretary to brief the Committees on Appropriations, no
later than 60 days after the enactment of this Act, on the expenditure plan for this suitability assessment.
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PROJECT 25 STANDARDS
Federal funding for first responder communication equipment
should be compliant with Project 25 standards, where necessary.
The conferees direct the Under Secretary of Science and Technology, in conjunction with the Director of the National Institute
of Standards and Technology, to establish a program to assess the
compliance of first responder communication equipment with
Project 25 standards.
TUNNEL DETECTION
The conferees support the language in Senate Report 109–273
requiring a briefing by the Under Secretary on tunnel detection
technologies being researched and developed to detect and prevent
illegal entry into the United States. The briefing should also provide an assessment of the applicability of using existing military
and other tunnel detection technologies along our borders.
INTERNET PROTOCOL INTEROPERABILITY
The conferees direct the Office of Interoperability and Compatibility to amend SAFECOM guidelines to clarify that, for purposes
of providing near-term interoperability, funding requests to improve interoperability need not be limited to the purchase of new
radios, but can also fund the purchase of Internet-Protocol (IP)
based interoperability solutions that connect existing and future radios over an IP interoperability network. Likewise, funding requests for transmission equipment to construct mutual aid channels and upgrade such channels with IP connectivity will also be
considered, so long as P–25 and other digital radios utilizing the
public safety portions of the 700 MHz band can operate over an IP
interoperability network.
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT
AND
ADMINISTRATION
The conferees agree to provide $30,468,000 for management
and administration as proposed by both the House and the Senate.
ARCHITECTURE INVESTMENTS AND BUDGETING
The conferees direct the Domestic Nuclear Detection Office
(DNDO) to provide a report to the Committees on Appropriations,
no later than November 1, 2006, on the budget crosscut of federal
agencies involved in domestic nuclear detection. The budget crosscut should include investments of all agencies, how these investments will meet the goals of the global strategy, the performance
measures associated with these investments, identification of investment gaps, and what budgetary mechanisms DNDO will use to
ensure it requests appropriate resources.
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RADIOACTIVE SOURCES
The conferees are concerned the risks and vulnerabilities of radioactive sources may not have not been adequately characterized
and addressed. DNDO should work with the Nuclear Regulatory
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Commission to determine the risks associated with, and strengthen
the regulation and control of, radioactive sources as necessary.
RESEARCH, DEVELOPMENT, AND OPERATIONS
The conferees agree to provide $272,500,000 for Research, Development, and Operations. Within the total, sufficient funds are
provided for the Cargo Advanced Automated Radiography Systems
as well as the Radiological and Nuclear Forensic and Attributions
programs. The total also includes no more than $9,000,000 for the
new university research program proposed in the budget. The conferees make $15,000,000 unavailable for obligation until the Secretary provides notification it has entered into a Memorandum of
Understanding with each federal agency and organization participating in its global architecture, which describe the role, responsibilities, and resource commitments of each.
SYSTEMS ACQUISITION
ADVANCED SPECTROSCOPIC PORTAL MONITORS
The conferees are concerned preliminary testing of Advanced
Spectroscopic Portal (ASP) monitors indicates the effectiveness of
the new technology may fall well short of levels anticipated in
DNDO’s cost-benefit analysis. To date, the conferees have not received validated quantitative evidence that ASP monitors perform
more effectively in an operational environment compared to current
generation portal monitors. Therefore, the conferees include bill
language prohibiting DNDO from full scale procurement of ASP
monitors until the Secretary has certified and reports to the Committees on Appropriations that a significant increase in operational
effectiveness merits such a decision. The conferees recognize the
potential benefit of ASP technology and encourage continued testing and piloting of these systems.
CONTAINER SECURITY
As described under the Office of the Secretary and Executive
Management, the conferees strongly support port, container, and
cargo security. As part of the Department’s strategic plan, U.S.
Customs and Border Protection and DNDO are directed to achieve
100 percent radiation examination of containers entering the
United States through the busiest 22 seaports of entry by December 31, 2007.
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TITLE V—GENERAL PROVISIONS
Section 501. The conferees continue a provision proposed by
the House and Senate that no part of any appropriation shall remain available for obligation beyond the current year unless expressly provided.
Section 502. The conferees continue a provision proposed by
the House and Senate that unexpended balances of prior appropriations may be merged with new appropriations accounts and
used for the same purpose, subject to reprogramming guidelines.
Section 503. The conferees continue a provision proposed by
the House and Senate that provides authority to reprogram appro-
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173
priations within an account and to transfer not to exceed 5 percent
between appropriations accounts with 15-day advance notification
of the Committees on Appropriations. A detailed funding table
identifying each Congressional control level for reprogramming
purposes is included at the end of this report. These reprogramming guidelines shall be complied with by all agencies funded by
the Department of Homeland Security Appropriations Act, 2007.
The conferees expect the Department to submit reprogramming requests on a timely basis, and to provide complete explanations of the reallocations proposed, including detailed justifications of the increases and offsets, and any specific impact the proposed changes will have on the budget request for the following fiscal year and future-year appropriations requirements. Each request
submitted to the Committees should include a detailed table showing the proposed revisions at the account, program, project, and activity level to the funding and staffing (full-time equivalent position) levels for the current fiscal year and to the levels requested
in the President’s budget for the following fiscal year.
The conferees expect the Department to manage its programs
and activities within the levels appropriated. The conferees are
concerned with the number of reprogramming proposals submitted
for consideration by the Department and remind the Department
that reprogramming or transfer requests should be submitted only
in the case of an unforeseeable emergency or situation that could
not have been predicted when formulating the budget request for
the current fiscal year. Further, the conferees note that when the
Department submits a reprogramming or transfer request to the
Committees on Appropriations and does not receive identical responses from the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding, and if reconciliation is not possible, to consider the reprogramming or transfer request unapproved.
The Department is not to propose a reprogramming or transfer
of funds after June 30th unless there are exceptional or extraordinary circumstances such that lives or property are placed in imminent danger.
Section 504. The conferees continue a provision proposed by
the Senate that none of the funds appropriated or otherwise available to the Department may be used to make payment to the Department’s Working Capital Fund, except for 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. The House bill contained no
similar provision.
Section 505. The conferees continue a provision proposed by
the House and Senate that not to exceed 50 percent of unobligated
balances remaining at the end of fiscal year 2007 from appropriations made for salaries and expenses shall remain available
through fiscal year 2008 subject to reprogramming guidelines.
Section 506. The conferees continue a provision proposed by
the House and Senate deeming that funds for intelligence activities
are specifically authorized during fiscal year 2007 until the enactment of an Act authorizing intelligence activities for fiscal year
2007.
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Section 507. The conferees continue a provision proposed by
the House and Senate directing the Federal Law Enforcement
Training Center (FLETC) to lead the Federal law enforcement
training accreditation process.
Section 508. The conferees continue and modify a provision
proposed by the House and Senate requiring notification of the
Committees on Appropriations three business days before any
grant allocation, discretionary grant award, discretionary contract
award, letter of intent, or public announcement of the intention to
make such an award totaling in excess of $1,000,000. Additionally,
the Department is required to brief the Committees on Appropriations five full business days prior to announcing publicly the intention to make a State Homeland Security Program; Law Enforcement Terrorism Prevention Program; or High-Threat, High-Density
Urban Areas grant award.
Section 509. The conferees continue a provision proposed by
the House and Senate that no agency shall purchase, construct, or
lease additional facilities for federal law enforcement training without advance approval of the Committees on Appropriations.
Section 510. The conferees continue a provision proposed by
the House and Senate that FLETC shall schedule basic and advanced law enforcement training at all four training facilities
under its control to ensure that these training centers are operated
at the highest capacity.
Section 511. The conferees continue a provision proposed by
the House and Senate that none of the funds may be used for any
construction, repair, alteration, and acquisition project for which a
prospectus, as required by the Public Buildings Act of 1959, has
not been approved.
Section 512. The conferees continue a provision proposed by
the House and Senate that none of the funds may be used in contravention of the Buy American Act.
Section 513. The conferees continue a provision proposed by
the House and Senate related to the transfer of the authority to
conduct background investigations from the Office of Personnel
Management to DHS. The conferees are concerned by delays in
personnel security and suitability background investigations, update investigations and periodic reinvestigations for Departmental
employees and, in particular for positions within the Office of the
Secretary and Executive Management, Office of the Under Secretary for Management, Analysis and Operations, Immigration and
Customs Enforcement, the Directorate of Science and Technology,
and the Directorate for Preparedness. The conferees direct this authority be used to expeditiously process background investigations,
including updates and reinvestigations, as necessary.
Section 514. The conferees continue and modify a provision
proposed by the House and Senate to prohibit the obligation of
funds for the Secure Flight program, except on a test basis, until
the requirements of section 522 of Public Law 108–334 have been
met and certified by the Secretary of DHS and reported by the
Government Accountability Office (GAO). The conferees direct the
GAO to continue to evaluate DHS and Transportation Security Administration (TSA) actions to meet the ten conditions listed in section 522(a) of Public Law 108–334 and to report to the Committees
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on Appropriations, either incrementally as the Department meets
additional conditions, or when all conditions have been met by the
Department. The provision also prohibits the obligation of funds to
develop or test algorithms assigning risk to passengers not on government watch lists and for a commercial database that is obtained
from or remains under the control of a non-federal entity, excluding
Passenger Name Record data obtained from air carriers. Within 90
days after enactment of this Act, TSA shall submit a detailed plan
on achieving key milestones, as well as certification of this program.
Section 515. The conferees continue a provision proposed by
the House and Senate prohibiting funds to be used to amend the
oath of allegiance required by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448).
Section 516. The conferees continue a provision proposed by
the House and Senate regarding competitive sourcing.
Section 517. The conferees continue and modify a provision
proposed by the House and Senate regarding the reimbursement to
the Secret Service for the cost of protective services.
Section 518. The conferees continue a provision proposed by
the House and Senate directing the Secretary of Homeland Security, in consultation with industry stakeholders, to develop standards and protocols for increasing the use of explosive detection
equipment to screen air cargo when appropriate.
Section 519. The conferees continue and modify a provision
proposed by the House and Senate directing TSA to utilize existing
checked baggage explosive detection equipment and screeners to
screen cargo on passenger aircraft when practicable and requiring
TSA to report air cargo inspection statistics to the Committees on
Appropriations within 45 days of the end of each quarter of the fiscal year.
Section 520. The conferees include a new provision regarding
the designation of funds.
Section 521. The conferees include and modify a provision proposed by the House rescinding $78,693,508 for the Coast Guard’s
service life extension program of the 110-foot Island Class patrol
boat and accelerated design and production of the fast response
cutter and appropriating the same amount for acquisition of replacement patrol boats and service life extensions. The Senate bill
contained a similar provision in Title II.
Section 522. The conferees continue a provision proposed by
the House and Senate that directs that only the Privacy Officer,
appointed pursuant to section 222 of the Homeland Security Act of
2002, may alter, direct that changes be made to, delay or prohibit
the transmission of a Privacy Officer report to Congress.
Section 523. The conferees continue a provision proposed by
the House and Senate requiring only those employees who are
trained in contract management to perform contract management.
Section 524. The conferees continue and modify a provision
proposed by the House and Senate directing that any funds appropriated or transferred to TSA ‘‘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
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air cargo, baggage and checkpoint screening systems subject to notification.
Section 525. The conferees continue and modify a provision
proposed by the House and Senate requiring DHS to revise, within
30 days after enactment, its management directive on Sensitive Security Information (SSI) to among other things, provide for the release of certain SSI information that is three years old unless the
Secretary makes a written determination that identifies a rational
reason why the information must remain SSI. The conferees expect
this rational reason written determination to identify and describe
the specific risk to the national transportation system. The provision also contains a mechanism for SSI to be used in civil judicial
proceedings if the judge determines that is needed. The conferees
expect that a party will be able to demonstrate undue hardship to
the judge if equivalent information is not available in one month’s
time. The conferees expect the criminal history records check and
terrorist threat assessment on the persons seeking access to SSI in
civil proceedings to be identical to that conducted for aviation
workers. The conferees further expect any DHS demonstration of
risk or harm to the nation in a judicial proceeding include a description of the specific risk to the national transportation system.
This is consistent with demonstrations made for classified information.
Section 526. The conferees continue a provision proposed by
the House and Senate extending the authorization of the Working
Capital Fund in fiscal year 2007.
Section 527. The conferees continue a provision proposed by
the House and Senate rescinding $16,000,000 from the unobligated
balances from prior year appropriations made available for the
‘‘Counterterrorism Fund’’.
Section 528. The conferees continue and modify a provision
proposed by the House requiring monthly Disaster Relief Fund financial reports. These changes are in part based on recommendations made by the Government Accountability Office in report
GAO–06–834. The Senate bill contained no similar provision.
Section 529. The conferees continue and modify a provision
proposed by the Senate rescinding $125,000,000 from unexpended
balances of the Science and Technology Directorate, as proposed by
the Senate and modified by the conferees. The House bill contained
no similar provision.
Section 530. The conferees continue a provision proposed by
the Senate regarding the enforcement of section 4025(1) of Public
Law 108–458. The House bill contained no similar provision.
Section 531. The conferees continue and modify a provision
proposed by the House and Senate requiring the Chief Financial
Officer to submit monthly budget execution and staffing reports
within 45 days after the close of each month.
Section 532. The conferees continue and modify a provision
proposed by the House relating to undercover investigative operations authority of the Secret Service for fiscal year 2007. The Senate bill contained no similar provision.
Section 533. The conferees continue a provision proposed by
the House directing the Director of the Domestic Nuclear Detection
Office to operate extramural and intramural research, develop-
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177
ment, demonstration, testing, and evaluation programs so as to distribute funding through grants, cooperative agreements, other
transactions and contracts. The Senate bill contained no similar
provision.
Section 534. The conferees continue a provision proposed by
the Senate regarding the Hancock County Port and Harbor Commission of Mississippi. The House bill contained no similar provision.
Section 535. The conferees continue and modify a provision
proposed by the House and Senate regarding the importation of
prescription drugs.
Section 536. The conferees continue a provision proposed by
the Senate directing the Department of Homeland Security to account for the needs of household pets and service animals in approving standards for state and local emergency preparedness operational plans under the Stafford Act. The House bill contained no
similar provision.
Section 537. The conferees continue a provision proposed by
the House and Senate rescinding $4,776,000 of unobligated balances from prior year appropriations made available for Transportation Security Administration ‘‘Aviation Security’’ and ‘‘Headquarters Administration’’.
Section 538. The conferees continue a provision proposed by
the Senate rescinding $61,936,000 from the unobligated balances of
prior year appropriations for TSA ‘‘Aviation Security’’. The House
bill contained no similar provision.
Section 539. The conferees continue a provision proposed by
the Senate rescinding $20,000,000 from unexpended balances of the
United States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ account identified in House Report 109–241 for the development of the Offshore Patrol Cutter. The House bill contained
no similar provision.
Section 540. The conferees include a new provision rescinding
$4,100,000 from the Coast Guard’s Automatic Identification System. The Senate bill contained a similar proposal. The House bill
contained no similar proposal.
Section 541. The conferees continue a provision proposed by
the House permitting the Army Corps of Engineers to use specific
Meadowview Acres Addition lots in Augusta, Kansas, for building
portions of the flood-control levee. The conferees expect FEMA to
cooperate with and assist the Army Corps of Engineers with regard
to this section. The Senate bill contained no similar provision.
Section 542. The conferees continue a provision proposed by
the Senate permitting the City of Cuero, Texas, to use grant funds
awarded under title I, chapter 6, Public Law 106–31 until September 30, 2007. The House bill contained a similar provision.
Section 543. The conferees continue a provision proposed by
the House prohibiting the use of funds to contravene the federal
buildings performance and reporting requirements of Executive
Order 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. The Senate bill contained no similar
provision.
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178
Section 544. The conferees continue a provision proposed by
the Senate classifying the instructor staff at the Federal Law Enforcement Training Center as inherently governmental for purposes
of the Federal Activities Inventory Reform Act of 1998. The House
bill contained no similar provision.
Section 545. The conferees continue a provision proposed by
the House prohibiting the use of funds to contravene section 303
of the Energy Policy Act. The Senate bill contained no similar provision.
Section 546. The conferees continue and modify a provision
proposed by the Senate regarding the Western Hemisphere Travel
Initiative. The House bill contained no similar provision.
Section 547. The conferees continue a provision proposed by
the House prohibiting the use of funds to award a 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 that Act. The Senate bill contained no similar provision.
Section 548. The conferees continue a provision proposed by
the House prohibiting funds to be used to reimburse L.B. & B. Associates, Inc. or Olgoonik Logistics LLC for attorney fees related to
litigation against Local 30 of the International Union of Operating
Engineers. The Senate bill contained no similar provision.
Section 549. The conferees continue and modify a provision
proposed by the Senate regarding the Transportation Security Administration’s Acquisition Management System. The House bill
contained no similar provision.
Section 550. The conferees continue and modify a provision
proposed by the Senate to require the Secretary to issue interim
risk-based security regulations on high risk chemical facilities. This
three-year authorization gives the Secretary and facilities flexibility to achieve the appropriate risk reduction, but also provides
the Secretary the means to inspect and sanction non-compliant facilities, including authority to shut down non-compliant facilities
until they comply. The provision protects sensitive information, but
allows it to be shared with appropriate authorities. The House bill
contained no similar provision.
Section 551. The conferees continue a provision proposed by
the Senate regarding unlawful border tunnels. The House bill contained no similar provision.
Section 552. The conferees continue and modify a provision
proposed by the Senate prohibiting the Secretary of Homeland Security from altering or reducing the Coast Guard’s civil engineering
program until Congress receives and approves any planned
changes. The House bill contained no similar provision.
Section 553. The conferees continue a provision proposed by
the Senate prohibiting the use of funds in contravention to Executive Order 13149, relating to fleet and transportation efficiency.
The House bill contained no similar provision.
Section 554. The conferees continue a provision proposed by
the Senate requiring each air carrier to submit a plan to the Transportation Security Administration on how it will participate in the
voluntary provision of the emergency services program. The House
bill contained no similar provision.
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Section 555. The conferees continue a provision proposed by
the Senate requiring the Director of the Federal Emergency Management Agency, in conjunction with the Director of the National
Institute of Standards and Technology, to report on federal earthquake response plans for high-risk earthquake regions. The House
bill contained no similar provision.
Section 556. The conferees continue a provision proposed by
the Senate directing the Secretary of Homeland Security to revise
procedures for clearing individuals who have been mistakenly
placed on a terrorist database list. The House bill contained no
similar provision.
Section 557. The conferees continue and modify a provision
proposed by the Senate prohibiting the confiscation of firearms during certain national emergencies. The House bill contained no similar provision.
Section 558. The conferees continue and modify a provision
proposed by the Senate to pilot an integrated scanning system at
foreign seaports. The House bill contained no similar provision.
Section 559. The conferees include a new provision rescinding
$2,500,000 from the United States Secret Service National Special
Security Event Fund and re-appropriating the same amount to the
same account available until expended.
Section 560. The conferees include a new provision requiring
the transfer authority contained in section 505 of the Homeland Security Act, as amended by Title VI of this Act, concerning the reorganization of FEMA be subject to 31 U.S.C. 1531(a)(2).
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PROVISIONS NOT ADOPTED
The conference agreement deletes section 516 of the House bill
maintaining the United States Secret Service as a distinct entity
within the Department of Homeland Security. The provision is already enacted into law (section 607 of Public Law 109–177).
The conference agreement deletes section 520 of the House bill
and Section 520 of the Senate bill relating to the transportation
worker identification credential.
The conference agreement deletes section 534 of the Senate bill
transferring the Transportation Security Laboratory to the Transportation Security Administration.
The conference agreement deletes section 536 of the House bill
prohibiting the Transportation Security Administration from employing nonscreener personnel in certain situations.
The conference agreement deletes section 536 of the Senate bill
prohibiting the use of funds for the Office of the Federal Coordinator for Gulf Coast Rebuilding until certain conditions are met.
This issue is addressed in the statement of managers under Departmental Management and Operations.
The conference agreement deletes section 541 of the House bill
reducing funds for the Office of the Secretary and Executive Management and adding funds to Fire Fighter Assistance Grants.
The conference agreement deletes section 541 of the Senate bill
requiring a report on agriculture inspections. This requirement is
addressed in the statement of managers under Customs and Border Protection.
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The conference agreement deletes section 542 of the House bill
adding funds to the Secret Service and Federal Emergency Management Agency.
The conference agreement deletes section 542 of the Senate bill
requiring the conference report accompanying H.R. 5441 to contain
any limitation, directive, or earmarking agreed upon by both the
House and Senate.
The conference agreement deletes section 543 of the House bill
relating to a limitation on funds to be used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The conference agreement deletes section 543 of the Senate bill
requiring reports submitted to the Committees on Appropriations
and the annual budget justifications to be posted on the Department’s website with 48 hours. The conferees note the Director of
the Office of Management and Budget’s decision to post budget justifications and related material on a public web site within two
weeks of submitting the material to Congress (OMB circular A–11).
The conference agreement deletes section 544 of the House bill
prohibiting the use of funds to provide information to foreign governments about activities of organized volunteer civilian action
groups, unless required by international treaty.
The conference agreement deletes section 544 of the Senate bill
providing funds to the Chief Financial Officer from the Office of
Domestic Preparedness. This requirement is addressed in the statement of managers under Office of the Chief Financial Officer.
The conference agreement deletes section 545 of the Senate bill
prohibiting the use of funds for the Long Range Aids to Navigation
stations, except for certain geographic areas. This requirement is
addressed in the statement of managers under United States Coast
Guard.
The conference agreement deletes section 546 of the Senate bill
regarding statutory limitations of the number of TSA employees.
The conference agreement deletes section 547 of the Senate bill
requiring a report on actions to achieve interoperable communications. This issue is addressed in the statement of managers under
Preparedness.
The conference agreement deletes section 549 of the Senate bill
relating to data-mining. This requirement is addressed in the statement of managers under Office of the Secretary and Executive
Management.
The conference agreement deletes section 551 of the Senate bill
requiring the Department of Homeland Security to conduct a pilot
program at the Northern Border air wing bases to test unmanned
aerial vehicles. This requirement is addressed in the statement of
managers under Customs and Border Protection.
The conference agreement deletes section 552 of the Senate bill
requiring Immigration and Customs Enforcement to report on the
costs and need of establishing a sub-office in Greeley, Colorado.
This requirement is addressed in the statement of managers under
Immigration and Customs Enforcement.
The conference agreement deletes section 553 of the Senate bill
requiring a report on locating existing Louisiana facilities and assets of the Coast Guard in the Federal City Project of New Orleans,
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181
Louisiana. This requirement is addressed in the statement of managers under United States Coast Guard.
The conference agreement deletes section 554 of the Senate bill
that authorizes the Coast Guard to buy law enforcement patrol
boats. This requirement is addressed in the statement of managers
under United States Coast Guard.
The conference agreement deletes section 555 of the Senate bill
regarding the screening of municipal solid waste.
The conference agreement deletes section 557 of the Senate bill
requiring the Secretary of Homeland Security to inspect and levy
a fee to inspect international shipments of municipal solid waste.
The conference agreement deletes section 558 of the Senate bill
requiring the evaluation of interoperable communications for the
2010 Olympics. This requirement is addressed in the statement of
managers under Office of the Secretary and Executive Management.
The conference agreement deletes section 560 of the Senate bill
reducing the amounts made available under this Act for travel,
transportation, printing, and reproduction.
The conference agreement deletes section 565 of the Senate bill
allowing the Coast Guard to use funds from its Operating Expenses
for the National Capital Region Air Defense mission. This issue is
addressed in the statement of managers under United States Coast
Guard.
The conference agreement deletes section 566 of the Senate bill
reflecting the sense of the Senate on combating methamphetamine.
This is addressed in the statement of managers under Customs and
Border Protection.
The conference agreement deletes section 567 of the Senate bill
requiring the Secretary of Homeland Security to report on the compliance with the recommendations of the Inspector General relating
to the National Asset Database. This requirement is addressed in
the statement of managers under Preparedness.
The conference agreement deletes section 568 of the Senate bill
requiring the Inspector General to review any Secure Border Initiative contracts awarded over $20,000,000. This requirement is addressed in the statement of managers under Office of Inspector
General.
The conference agreement deletes section 569 of the Senate bill
permitting funds from Title VI to be used for the establishment of
the Northern Border air wing site in Michigan. This requirement
is addressed in the statement of managers under Customs and Border Protection.
The conference agreement deletes section 572 of the Senate bill
to expand the National Infrastructure Simulation and Analysis
Center. This issue is addressed in Title VI of this Act.
The conference agreement deletes section 573 of the Senate bill
requiring the Secretary of Homeland Security to consult with the
National Council on Radiation Protection and Measurement and
other organizations in preparing guidance with respect to radiological terrorism, threats, and events. This requirement is addressed in the statement of managers under Preparedness.
The conference agreement deletes section 574 of the Senate bill
requiring the Comptroller General to report on the effect on public
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safety and screening operations from modifications to the list of
items prohibited from being carried on commercial aircraft. This requirement is addressed in the statement of managers under Transportation Security Administration.
TITLE VI—BORDER SECURITY INFRASTRUCTURE
ENHANCEMENTS
The conference agreement does not include Title VI of the Senate bill, ‘‘Border Security Infrastructure Enhancements.’’ The
House bill contained no similar matter. These matters are addressed in Titles I–IV of this Conference Report and the accompanying statement of managers.
The conference agreement includes new National Emergency
Management authority in Title VI of this Conference Report. The
Senate bill included ‘‘United States Emergency Management Authority’’ in Title VIII. The House bill contained no similar matter.
TITLE VII—SUPPLEMENTAL APPROPRIATIONS FOR PORT
SECURITY ENHANCEMENTS
The conference agreement does not include Title VII of the
Senate bill, ‘‘Supplemental Appropriations for Port Security Enhancements.’’ The House bill contained no similar matter. These
matters are addressed in Titles I–IV of this Conference Report and
the accompanying statement of managers.
TITLE VIII—UNITED STATES EMERGENCY MANAGEMENT
AUTHORITY
The conference agreement does not include Title VIII of the
Senate bill, ‘‘United States Emergency Management Authority.’’
The House bill contained no similar matter. The conferees include
new National Emergency Management authority in Title VI of this
Conference Report.
TITLE IX—BORDER ENFORCEMENT RELIEF ACT
The conference agreement does not include Title IX of the Senate bill, ‘‘Border Enforcement Relief Act.’’ The House bill contained
no similar matter.
The conference agreement contains no appropriations as defined in House Resolution 1000 that were not otherwise addressed
in the House or Senate bills or reports.
CONFERENCE RECOMMENDATIONS
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The conference agreement’s detailed funding recommendations
for programs in this bill are contained in the table listed below.
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CONFERENCE TOTAL—WITH COMPARISONS
The total new budget (obligational) authority for the fiscal year
2007 recommended by the Committee of Conference, comparisons
to the 2007 budget estimates, and the House and Senate bills for
2007 follow:
[In thousands of dollars]
Budget estimates of new (obligational) authority, fiscal year 2007
House bill, fiscal year 2007 ...................................................................
Senate bill, fiscal year 2007 ..................................................................
Conference agreement, fiscal year 2007 ..............................................
Conference agreement compared with:
Budget estimates of new (obligational) authority, fiscal year
2007 ..............................................................................................
House bill, fiscal year 2007 ............................................................
Senate bill, fiscal year 2007 ...........................................................
32,077,970
33,143,147
33,441,323
34,797,323
+2,719,353
+1,654,176
+1,356,000
HAROLD ROGERS,
ZACH WAMP,
TOM LATHAM,
JO ANN EMERSON,
JOHN E. SWEENEY,
JIM KOLBE,
ANDER CRENSHAW,
JOHN R. CARTER,
JERRY LEWIS,
MARTIN OLAV SABO,
DAVID E. PRICE,
JOSE´ E. SERRANO,
LUCILLE ROYBAL-ALLARD,
SANFORD D. BISHOP,
MARION BERRY,
CHET EDWARDS,
DAVID R. OBEY,
Managers on the Part of the House.
JUDD GREGG,
THAD COCHRAN,
TED STEVENS,
ARLEN SPECTER,
PETE V. DOMENICI,
RICHARD C. SHELBY,
LARRY E. CRAIG,
R.F. BENNETT,
WAYNE ALLARD,
ROBERT C. BYRD,
DANIEL K. INOUYE,
PATRICK J. LEAHY,
BARBARA A. MIKULSKI,
HERB KOHL,
PATTY MURRAY,
HARRY REID,
DIANNE FEINSTEIN,
Managers on the Part of the Senate.
jcorcoran on PRODPC62 with REPORTS
Æ
VerDate Aug 31 2005
00:40 Oct 04, 2006
Jkt 030052
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Frm 00196
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E:\HR\OC\HR699.XXX
HR699
| File Type | application/pdf |
| File Title | HR699.PS |
| File Modified | 0000-00-00 |
| File Created | 2006-10-04 |