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120 STAT. 1394 PUBLIC LAW 109–295—OCT. 4, 2006

Training’’, there is appropriated an additional $2,500,000, to remain available until expended for National Special Security Events.

SEC. 560. Transfer authority contained in section 505 of the Homeland Security Act, as amended by title VI of this Act, shall be used in accordance with the provisions of section 1531(a)(2) of title 31, United States Code.

TITLE VI—NATIONAL EMERGENCY MANAGEMENT

SEC. 601. SHORT TITLE.

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

SEC. 602. DEFINITIONS.

In this title— (1) the term ‘‘Administrator’’ means the Administrator of

the Agency; (2) the term ‘‘Agency’’ means the Federal Emergency

Management Agency; (3) the term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Homeland Security and Govern- mental Affairs of the Senate; and

(B) those committees of the House of Representatives that the Speaker of the House of Representatives deter- mines appropriate; (4) the term ‘‘catastrophic incident’’ means any natural

disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;

(5) the term ‘‘Department’’ means the Department of Home- land Security;

(6) the terms ‘‘emergency’’ and ‘‘major disaster’’ have the meanings given the terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122);

(7) the term ‘‘emergency management’’ means the govern- mental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to pre- pare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters;

(8) the term ‘‘emergency response provider’’ has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as amended by this Act;

(9) the term ‘‘Federal coordinating officer’’ means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143);

(10) the term ‘‘individual with a disability’’ has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);

6 USC 701.

6 USC 701 note.

Post-Katrina Emergency Management Reform Act of 2006.

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120 STAT. 1395PUBLIC LAW 109–295—OCT. 4, 2006

(11) the terms ‘‘local government’’ and ‘‘State’’ have the meaning given the terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101);

(12) the term ‘‘National Incident Management System’’ means a system to enable effective, efficient, and collaborative incident management;

(13) the term ‘‘National Response Plan’’ means the National Response Plan or any successor plan prepared under section 502(a)(6) of the Homeland Security Act of 2002 (as amended by this Act);

(14) the term ‘‘Secretary’’ means the Secretary of Homeland Security;

(15) the term ‘‘surge capacity’’ means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident; and

(16) the term ‘‘tribal government’’ means the government of an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.

Subtitle A—Federal Emergency Management Agency

SEC. 611. STRUCTURING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended—

(1) by striking the title heading and inserting the following:

‘‘TITLE V—NATIONAL EMERGENCY MANAGEMENT’’;

(2) by striking section 501; (3) by striking section 503; (4) by striking section 507; (5) by striking section 510 (relating to urban and other

high risk area communications capabilities); (6) by redesignating sections 504, 505, 508, and 509 as

sections 517, 518, 519, and 520, respectively; (7) by redesignating section 510 (relating to procurement

of security countermeasures for the strategic national stockpile) as section 521;

(8) by redesignating section 502 as section 504; (9) by redesignating section 506 as section 502 and transfer-

ring that section to before section 504, as redesignated by paragraph (8) of this section;

(10) by inserting before section 502, as redesignated and transferred by paragraph (9) of this section, the following:

‘‘SEC. 501. DEFINITIONS.

‘‘In this title— ‘‘(1) the term ‘Administrator’ means the Administrator of

the Agency;

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120 STAT. 1396 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(2) the term ‘Agency’ means the Federal Emergency Management Agency;

‘‘(3) the term ‘catastrophic incident’ means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;

‘‘(4) the term ‘Federal coordinating officer’ means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143);

‘‘(5) the term ‘interoperable’ has the meaning given the term ‘interoperable communications’ under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1));

‘‘(6) the term ‘National Incident Management System’ means a system to enable effective, efficient, and collaborative incident management;

‘‘(7) the term ‘National Response Plan’ means the National Response Plan or any successor plan prepared under section 502(a)(6);

‘‘(8) the term ‘Regional Administrator’ means a Regional Administrator appointed under section 507;

‘‘(9) the term ‘Regional Office’ means a Regional Office established under section 507;

‘‘(10) the term ‘surge capacity’ means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident; and

‘‘(11) the term ‘tribal government’ means the government of any entity described in section 2(10)(B).’’;

(11) by inserting after section 502, as redesignated and transferred by paragraph (9) of this section, the following:

‘‘SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.

‘‘(a) IN GENERAL.—There is in the Department the Federal Emergency Management Agency, headed by an Administrator.

‘‘(b) MISSION.— ‘‘(1) PRIMARY MISSION.—The primary mission of the Agency

is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.

‘‘(2) SPECIFIC ACTIVITIES.—In support of the primary mis- sion of the Agency, the Administrator shall—

‘‘(A) lead the Nation’s efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents;

‘‘(B) partner with State, local, and tribal governments and emergency response providers, with other Federal

6 USC 313.

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120 STAT. 1397PUBLIC LAW 109–295—OCT. 4, 2006

agencies, with the private sector, and with nongovern- mental organizations to build a national system of emer- gency management that can effectively and efficiently uti- lize the full measure of the Nation’s resources to respond to natural disasters, acts of terrorism, and other man- made disasters, including catastrophic incidents;

‘‘(C) develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made dis- aster;

‘‘(D) integrate the Agency’s emergency preparedness, protection, response, recovery, and mitigation responsibil- ities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster;

‘‘(E) develop and maintain robust Regional Offices that will work with State, local, and tribal governments, emer- gency response providers, and other appropriate entities to identify and address regional priorities;

‘‘(F) under the leadership of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigra- tion and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department;

‘‘(G) provide funding, training, exercises, technical assistance, planning, and other assistance to build tribal, local, State, regional, and national capabilities (including communications capabilities), necessary to respond to a natural disaster, act of terrorism, or other man-made dis- aster; and

‘‘(H) develop and coordinate the implementation of a risk-based, all-hazards strategy for preparedness that builds those common capabilities necessary to respond to natural disasters, acts of terrorism, and other man-made disasters while also building the unique capabilities nec- essary to respond to specific types of incidents that pose the greatest risk to our Nation.

‘‘(c) ADMINISTRATOR.— ‘‘(1) IN GENERAL.—The Administrator shall be appointed

by the President, by and with the advice and consent of the Senate.

‘‘(2) QUALIFICATIONS.—The Administrator shall be appointed from among individuals who have—

‘‘(A) a demonstrated ability in and knowledge of emer- gency management and homeland security; and

‘‘(B) not less than 5 years of executive leadership and management experience in the public or private sector. ‘‘(3) REPORTING.—The Administrator shall report to the

Secretary, without being required to report through any other official of the Department.

‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT.— ‘‘(A) IN GENERAL.—The Administrator is the principal

advisor to the President, the Homeland Security Council,

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120 STAT. 1398 PUBLIC LAW 109–295—OCT. 4, 2006

and the Secretary for all matters relating to emergency management in the United States.

‘‘(B) ADVICE AND RECOMMENDATIONS.— ‘‘(i) IN GENERAL.—In presenting advice with respect

to any matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator considers appropriate, inform the President, the Homeland Security Council, or the Sec- retary, as the case may be, of the range of emergency preparedness, protection, response, recovery, and miti- gation options with respect to that matter.

‘‘(ii) ADVICE ON REQUEST.—The Administrator, as the principal advisor on emergency management, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice.

‘‘(iii) RECOMMENDATIONS TO CONGRESS.—After informing the Secretary, the Administrator may make such recommendations to Congress relating to emer- gency management as the Administrator considers appropriate.

‘‘(5) CABINET STATUS.— ‘‘(A) IN GENERAL.—The President may designate the

Administrator to serve as a member of the Cabinet in the event of natural disasters, acts of terrorism, or other man-made disasters.

‘‘(B) RETENTION OF AUTHORITY.—Nothing in this para- graph shall be construed as affecting the authority of the Secretary under this Act.’’; (12) in section 504, as redesignated by paragraph (8) of

this section— (A) in the section heading, by inserting ‘‘authority and’’

before ‘‘responsibilities’’; (B) by striking the matter preceding paragraph (1)

and inserting the following: ‘‘(a) IN GENERAL.—The Administrator shall provide Federal

leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including—’’;

(C) in paragraph (6), by striking ‘‘and’’ at the end; and

(D) by striking paragraph (7) and inserting the fol- lowing: ‘‘(7) helping ensure the acquisition of operable and inter-

operable communications capabilities by Federal, State, local, and tribal governments and emergency response providers;

‘‘(8) assisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all functions and authorities given to the Administrator under that Act;

‘‘(9) carrying out the mission of the Agency to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a risk-based, com- prehensive emergency management system of—

6 USC 314.

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120 STAT. 1399PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(A) mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and their effects;

‘‘(B) preparedness, by planning, training, and building the emergency management profession to prepare effec- tively for, mitigate against, respond to, and recover from any hazard;

‘‘(C) response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and

‘‘(D) recovery, by rebuilding communities so individ- uals, businesses, and governments can function on their own, return to normal life, and protect against future haz- ards; ‘‘(10) increasing efficiencies, by coordinating efforts relating

to preparedness, protection, response, recovery, and mitigation; ‘‘(11) helping to ensure the effectiveness of emergency

response providers in responding to a natural disaster, act of terrorism, or other man-made disaster;

‘‘(12) supervising grant programs administered by the Agency;

‘‘(13) administering and ensuring the implementation of the National Response Plan, including coordinating and ensuring the readiness of each emergency support function under the National Response Plan;

‘‘(14) coordinating with the National Advisory Council established under section 508;

‘‘(15) preparing and implementing the plans and programs of the Federal Government for—

‘‘(A) continuity of operations; ‘‘(B) continuity of government; and ‘‘(C) continuity of plans;

‘‘(16) minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to State, local, and tribal governments and the private sector;

‘‘(17) maintaining and operating within the Agency the National Response Coordination Center or its successor;

‘‘(18) developing a national emergency management system that is capable of preparing for, protecting against, responding to, recovering from, and mitigating against catastrophic incidents;

‘‘(19) assisting the President in carrying out the functions under the national preparedness goal and the national preparedness system and carrying out all functions and authori- ties of the Administrator under the national preparedness System;

‘‘(20) carrying out all authorities of the Federal Emergency Management Agency and the Directorate of Preparedness of the Department as transferred under section 505; and

‘‘(21) otherwise carrying out the mission of the Agency as described in section 503(b). ‘‘(b) ALL-HAZARDS APPROACH.—In carrying out the responsibil-

ities under this section, the Administrator shall coordinate the implementation of a risk-based, all-hazards strategy that builds

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120 STAT. 1400 PUBLIC LAW 109–295—OCT. 4, 2006

those common capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts of terrorism, and other man-made disasters, while also building the unique capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against the risks of specific types of incidents that pose the greatest risk to the Nation.’’; and

(13) by inserting after section 504, as redesignated by para- graph (8) of this section, the following:

‘‘SEC. 505. FUNCTIONS TRANSFERRED.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), there are transferred to the Agency the following:

‘‘(1) All functions of the Federal Emergency Management Agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of govern- ment plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto.

‘‘(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto. ‘‘(b) EXCEPTIONS.—The following within the Preparedness Direc-

torate shall not be transferred: ‘‘(1) The Office of Infrastructure Protection. ‘‘(2) The National Communications System. ‘‘(3) The National Cybersecurity Division. ‘‘(4) The Office of the Chief Medical Officer. ‘‘(5) The functions, personnel, assets, components, authori-

ties, and liabilities of each component described under para- graphs (1) through (4).

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

‘‘(a) DISTINCT ENTITY.—The Agency shall be maintained as a distinct entity within the Department.

‘‘(b) REORGANIZATION.—Section 872 shall not apply to the Agency, including any function or organizational unit of the Agency.

‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.— ‘‘(1) IN GENERAL.—The Secretary may not substantially

or significantly reduce the authorities, responsibilities, or func- tions of the Agency or the capability of the Agency to perform those missions, authorities, responsibilities, except as otherwise specifically provided in an Act enacted after the date of enact- ment of the Post-Katrina Emergency Management Reform Act of 2006.

‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No asset, function, or mission of the Agency may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the capability of the Agency to perform its missions. ‘‘(d) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogram-

ming or transferring funds, the Secretary shall comply with any applicable provisions of any Act making appropriations for the

6 USC 316.

6 USC 315.

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120 STAT. 1401PUBLIC LAW 109–295—OCT. 4, 2006

Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.

‘‘SEC. 507. REGIONAL OFFICES.

‘‘(a) IN GENERAL.—There are in the Agency 10 regional offices, as identified by the Administrator.

‘‘(b) MANAGEMENT OF REGIONAL OFFICES.— ‘‘(1) REGIONAL ADMINISTRATOR.—Each Regional Office shall

be headed by a Regional Administrator who shall be appointed by the Administrator, after consulting with State, local, and tribal government officials in the region. Each Regional Administrator shall report directly to the Administrator and be in the Senior Executive Service.

‘‘(2) QUALIFICATIONS.— ‘‘(A) IN GENERAL.—Each Regional Administrator shall

be appointed from among individuals who have a dem- onstrated ability in and knowledge of emergency manage- ment 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 geo- graphical area and demographic characteristics of the popu- lation served by such Regional Office.

‘‘(c) RESPONSIBILITIES.— ‘‘(1) IN GENERAL.—The Regional Administrator shall work

in partnership with State, local, and tribal governments, emer- gency managers, emergency response providers, medical pro- viders, the private sector, nongovernmental organizations, multijurisdictional councils of governments, and regional plan- ning 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 develop- ment);

‘‘(B) assisting in the development of regional capabili- ties needed for a national catastrophic response system;

‘‘(C) coordinating the establishment of effective regional operable and interoperable emergency communications capabilities;

‘‘(D) staffing and overseeing 1 or more strike teams within the region under subsection (f), to serve as the focal point of the Federal Government’s initial response efforts for natural disasters, acts of terrorism, and other man-made disasters within that region, and otherwise building Federal response capabilities to respond to natural disasters, acts of terrorism, and other man-made disasters within that region;

‘‘(E) designating an individual responsible for the development of strategic and operational regional plans in support of the National Response Plan;

6 USC 317.

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120 STAT. 1402 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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 periodi- cally to complement the qualifications of the Regional Administrator. Such training, as appropriate, shall include training with respect to the National Incident Management System, the National Response Plan, and such other sub- jects 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 govern- ment within the region that might make preparedness, protection, response, recovery, or mitigation more com- plicated or difficult; and

‘‘(C) advise the Regional Administrator of any weak- nesses 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 Fed-

eral agencies, each Regional Administrator shall oversee multi- agency strike teams authorized under section 303 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5144) that shall consist of—

‘‘(A) a designated Federal coordinating officer; ‘‘(B) personnel trained in incident management;

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120 STAT. 1403PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(C) public affairs, response and recovery, and commu- nications support personnel;

‘‘(D) a defense coordinating officer; ‘‘(E) liaisons to other Federal agencies; ‘‘(F) such other personnel as the Administrator or

Regional Administrator determines appropriate; and ‘‘(G) individuals from the agencies with primary

responsibility for each of the emergency support functions in the National Response Plan. ‘‘(2) OTHER DUTIES.—The duties of an individual assigned

to a Regional Office strike team from another relevant agency when such individual is not functioning as a member of the strike team shall be consistent with the emergency prepared- ness 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 sup- port when a natural disaster, act of terrorism, or other man- made disaster occurs.

‘‘(5) PREPAREDNESS.—Each Regional Office strike team shall be trained as a unit on a regular basis and equipped and staffed to be well prepared to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents.

‘‘(6) AUTHORITIES.—If the Administrator determines that statutory authority is inadequate for the preparedness and deployment of individuals in strike teams under this subsection, the Administrator shall report to Congress regarding the addi- tional statutory authorities that the Administrator determines are necessary.

‘‘SEC. 508. NATIONAL ADVISORY COUNCIL.

‘‘(a) ESTABLISHMENT.—Not later than 60 days after the date of enactment of the Post-Katrina Emergency Management Reform Act of 2006, the Secretary shall establish an advisory body under section 871(a) to ensure effective and ongoing coordination of Fed- eral preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disas- ters, 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

Deadline.

6 USC 318.

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120 STAT. 1404 PUBLIC LAW 109–295—OCT. 4, 2006

State, local, and tribal governments, the private sector, and nongovernmental organizations, including as appropriate—

‘‘(A) members selected from the emergency manage- ment 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 stand- ards-setting and accrediting organizations, including rep- resentatives from the voluntary consensus codes and stand- ards 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 execu- tives;

‘‘(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 deter- mines 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 des- ignate 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 sub-

ject 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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120 STAT. 1405PUBLIC LAW 109–295—OCT. 4, 2006

‘‘SEC. 509. NATIONAL INTEGRATION CENTER.

‘‘(a) IN GENERAL.—There is established in the Agency a National Integration Center.

‘‘(b) RESPONSIBILITIES.— ‘‘(1) IN GENERAL.—The Administrator, through the National

Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance of the National Incident Management System, the National Response Plan, and any successor to such system or plan.

‘‘(2) SPECIFIC RESPONSIBILITIES.—The National Integration Center shall periodically review, and revise as appropriate, the National Incident Management System and the National Response Plan, including—

‘‘(A) establishing, in consultation with the Director of the Corporation for National and Community Service, a process to better use volunteers and donations;

‘‘(B) improving the use of Federal, State, local, and tribal resources and ensuring the effective use of emergency response providers at emergency scenes; and

‘‘(C) revising the Catastrophic Incident Annex, final- izing 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 speci- fied in the National Response Plan shall—

‘‘(i) provide for a role for the Administrator con- sistent with the role of the Administrator as the prin- cipal 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 sec- tion 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.

6 USC 319.

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120 STAT. 1406 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘SEC. 510. CREDENTIALING AND TYPING.

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

‘‘SEC. 511. THE NATIONAL INFRASTRUCTURE SIMULATION AND ANAL- YSIS CENTER.

‘‘(a) DEFINITION.—In this section, the term ‘National Infrastruc- ture Simulation and Analysis Center’ means the National Infra- structure 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 infra- structure protection and continuity through support for activi- ties related to—

‘‘(A) counterterrorism, threat assessment, and risk mitigation; and

‘‘(B) a natural disaster, act of terrorism, or other man- made disaster. ‘‘(2) INFRASTRUCTURE MODELING.—

‘‘(A) PARTICULAR SUPPORT.—The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems and assets comprising critical infrastructure, in order to enhance preparedness, protec- tion, response, recovery, and mitigation activities.

‘‘(B) RELATIONSHIP WITH OTHER AGENCIES.—Each Fed- eral agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall estab- lish 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 disas- ters.

‘‘(ii) RECIPIENT OF CERTAIN SUPPORT.—Modeling, simulation, and analysis provided under this sub- section shall be provided to relevant Federal agencies and departments, including Federal agencies and

6 USC 321.

6 USC 320.

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120 STAT. 1407PUBLIC LAW 109–295—OCT. 4, 2006

departments with critical infrastructure responsibil- ities under Homeland Security Presidential Directive 7, or any successor to such directive.

‘‘SEC. 512. EVACUATION PLANS AND EXERCISES.

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, and subject to subsection (d), grants made to States or local or tribal governments by the Department through the State Homeland Security Grant Program or the Urban Area Security Initiative may be used to—

‘‘(1) establish programs for the development and mainte- nance 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 stock- piling 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 proc- esses;

‘‘(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 capabili- ties, including the use of mass and public transit capabilities, and coordinating and integrating evacuation plans for all popu- lations including for those individuals located in hospitals, nursing homes, and other institutional living facilities;

‘‘(5) develop procedures for informing the public of evacu- ation 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 evacu- ation 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 estab- lish, 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

6 USC 321a.

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120 STAT. 1408 PUBLIC LAW 109–295—OCT. 4, 2006

a natural or man-made disaster unrelated to an act of terrorism, if such use assists such government in building capabilities for terrorism preparedness.

‘‘SEC. 513. DISABILITY COORDINATOR.

‘‘(a) IN GENERAL.—After consultation with organizations rep- resenting individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Prepared- ness and Individuals with Disabilities, established under Executive Order No. 13347 (6 U.S.C. 312 note), the Administrator shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief.

‘‘(b) RESPONSIBILITIES.—The Disability Coordinator shall be responsible for—

‘‘(1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning require- ments 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 dis- aster, 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

6 USC 321b.

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120 STAT. 1409PUBLIC LAW 109–295—OCT. 4, 2006

preparedness system established under section 644 of the Post- Katrina Emergency Management Reform Act of 2006; and

‘‘(11) any other duties as assigned by the Administrator. ‘‘SEC. 514. DEPARTMENT AND AGENCY OFFICIALS.

‘‘(a) DEPUTY ADMINISTRATORS.—The President may appoint, by and with the advice and consent of the Senate, not more than 4 Deputy Administrators to assist the Administrator in carrying out this title.

‘‘(b) CYBERSECURITY AND COMMUNICATIONS.—There is in the Department an Assistant Secretary for Cybersecurity and Commu- nications.

‘‘(c) UNITED STATES FIRE ADMINISTRATION.—The Administrator of the United States Fire Administration shall have a rank equiva- lent to an assistant secretary of the Department. ‘‘SEC. 515. NATIONAL OPERATIONS CENTER.

‘‘(a) DEFINITION.—In this section, the term ‘situational aware- ness’ means information gathered from a variety of sources that, when communicated to emergency managers and decision makers, can form the basis for incident management decisionmaking.

‘‘(b) ESTABLISHMENT.—The National Operations Center is the principal operations center for the Department and shall—

‘‘(1) provide situational awareness and a common operating picture for the entire Federal Government, and for State, local, and tribal governments as appropriate, in the event of a natural disaster, act of terrorism, or other man-made disaster; and

‘‘(2) ensure that critical terrorism and disaster-related information reaches government decision-makers.

‘‘SEC. 516. CHIEF MEDICAL OFFICER.

‘‘(a) IN GENERAL.—There is in the Department a Chief Medical Officer, who shall be appointed by the President, by and with the advice and consent of the Senate.

‘‘(b) QUALIFICATIONS.—The individual appointed as Chief Med- ical 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 Depart- ment;

‘‘(3) ensuring internal and external coordination of all med- ical 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 Depart- ment 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 USC 321e.

6 USC 321d.

6 USC 321c.

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120 STAT. 1410 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(6) discharging, in coordination with the Under Secretary for Science and Technology, the responsibilities of the Depart- ment related to Project Bioshield; and

‘‘(7) performing such other duties relating to such respon- sibilities as the Secretary may require.’’.

SEC. 612. TECHNICAL AND CONFORMING AMENDMENTS.

(a) EXECUTIVE SCHEDULE.— (1) ADMINISTRATOR.—Section 5313 of title 5, United States

Code, is amended by adding at the end the following: ‘‘Administrator of the Federal Emergency Management

Agency.’’. (2) DEPUTY ADMINISTRATORS.—Section 5314 of title 5,

United States Code, is amended by adding at the end the following:

‘‘Deputy Administrators, Federal Emergency Management Agency.’’.

(3) CHIEF MEDICAL OFFICER.—Section 5315 of title 5, United States Code, is amended by adding at the end the following:

‘‘Chief Medical Officer, Department of Homeland Security.’’. (b) OFFICERS OF THE DEPARTMENT.—Section 103(a) of the Home-

land 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 Manage-

ment 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, cer- tificate, directive, instruction, or other official paper shall be consid- ered to refer and apply to the Administrator of the Federal Emer- gency Management Agency.

(d) DEFINITION.—Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C. 101(6)) is amended by inserting ‘‘fire,’’ after ‘‘safety,’’.

(e) TABLE OF CONTENTS.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking the items relating to title V and sections 501 through 509 and inserting the following:

‘‘TITLE V—NATIONAL EMERGENCY MANAGEMENT ‘‘Sec. 501. Definitions. ‘‘Sec. 502. Definition. ‘‘Sec. 503. Federal Emergency Management Agency. ‘‘Sec. 504. Authorities and responsibilities. ‘‘Sec. 505. Functions transferred. ‘‘Sec. 506. Preserving the Federal Emergency Management Agency. ‘‘Sec. 507. Regional Offices. ‘‘Sec. 508. National Advisory Council. ‘‘Sec. 509. National Integration Center. ‘‘Sec. 510. Credentialing and typing. ‘‘Sec. 511. The National Infrastructure Simulation and Analysis Center. ‘‘Sec. 512. Evacuation plans and exercises. ‘‘Sec. 513. Disability Coordinator. ‘‘Sec. 514. Department and Agency officials. ‘‘Sec. 515. National Operations Center. ‘‘Sec. 516. Chief Medical Officer. ‘‘Sec. 517. Nuclear incident response. ‘‘Sec. 518. Conduct of certain public health-related activities.

6 USC 313 note.

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120 STAT. 1411PUBLIC LAW 109–295—OCT. 4, 2006

‘‘Sec. 519. Use of national private sector networks in emergency response. ‘‘Sec. 520. Use of commercially available technology, goods, and services. ‘‘Sec. 521. Procurement of security countermeasures for strategic national stock-

pile.’’.

(f) INTERIM ACTIONS.— (1) IN GENERAL.—During the period beginning on the date

of enactment of this Act and ending on March 31, 2007, the Secretary, the Under Secretary for Preparedness, and the Director of the Federal Emergency Management Agency shall take such actions as are necessary to provide for the orderly implementation of any amendment under this subtitle that takes effect on March 31, 2007.

(2) REFERENCES.—Any reference to the Administrator of the Federal Emergency Management Agency in this title or an amendment by this title shall be considered to refer and apply to the Director of the Federal Emergency Management Agency until March 31, 2007.

SEC. 613. NATIONAL WEATHER SERVICE.

Nothing in this title shall alter or otherwise affect the authori- ties 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 Secu-

rity Act of 2002, as amended by section 611(13) of this Act. (4) The amendments made by subsection (a). (5) The amendments made by subsection (b)(1).

Subtitle B—Personnel Provisions CHAPTER 1—FEDERAL EMERGENCY MANAGEMENT

AGENCY PERSONNEL

SEC. 621. WORKFORCE DEVELOPMENT.

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

‘‘CHAPTER 101—FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

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

‘‘§ 10101. Definitions ‘‘For purposes of this chapter—

6 USC 701 note.

6 USC 701 note.

6 USC 313 note.

6 USC 311 note.

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120 STAT. 1412 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(1) the term ‘Agency’ means the Federal Emergency Management Agency;

‘‘(2) the term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency;

‘‘(3) the term ‘appropriate committees of Congress’ has the meaning given the term in section 602 of the Post-Katrina Emergency Management Reform Act of 2006;

‘‘(4) the term ‘Department’ means the Department of Home- land 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 mis- sion 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 objec- tives 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

Deadline.

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120 STAT. 1413PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(D) specific strategies for the development, training, and coordinated and rapid deployment of the Surge Capacity Force; and ‘‘(3) a discussion that—

‘‘(A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individ- uals;

‘‘(B) details the number of individuals not employed by the Department serving in the Surge Capacity Force and the qualifications or credentials of such individuals;

‘‘(C) describes the training given to the Surge Capacity Force during the calendar year preceding the year of submission of the plan under subsection (c);

‘‘(D) states whether the Surge Capacity Force is able to adequately prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; and

‘‘(E) describes any additional authorities or resources necessary to address any deficiencies in the Surge Capacity Force.

‘‘(c) ANNUAL UPDATES.—Not later than May 1, 2007, and May 1st of each of the next 5 succeeding years, the Administrator shall submit to the appropriate committees of Congress an update of the strategic human capital plan, including an assessment by the Administrator, using results-oriented performance measures, of the progress of the Department and the Agency in implementing the strategic human capital plan.

‘‘§ 10103. Career paths ‘‘(a) IN GENERAL.—The Administrator shall—

‘‘(1) ensure that appropriate career paths for personnel of the Agency are identified, including the education, training, experience, and assignments necessary for career progression within the Agency; and

‘‘(2) publish information on the career paths described in paragraph (1). ‘‘(b) EDUCATION, TRAINING, AND EXPERIENCE.—The Adminis-

trator 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 Pro- gram 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.

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120 STAT. 1414 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘§ 10104. Recruitment bonuses ‘‘(a) IN GENERAL.—The Administrator may pay a bonus to an

individual in order to recruit the individual for a position within the Agency that would otherwise be difficult to fill in the absence of such a bonus. Upon completion of the strategic human capital plan, such bonuses shall be paid in accordance with that plan.

‘‘(b) BONUS AMOUNT.— ‘‘(1) IN GENERAL.—The amount of a bonus under this section

shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.

‘‘(2) FORM OF PAYMENT.—A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. ‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus under this

section shall be contingent upon the employee entering into a writ- ten 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 com- pleted, 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 non-

career appointee (as defined in section 3132(a)); or ‘‘(3) a position which has been excepted from the competi-

tive 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 appro-

priate 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 sub- section 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-by-

case basis, a bonus under this section to an employee of the Agency if—

‘‘(1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and

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120 STAT. 1415PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(2) the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—

‘‘(A) the Federal service; or ‘‘(B) for a different position in the Federal service.

‘‘(b) SERVICE AGREEMENT.—Payment of a bonus under this sec- tion 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 com- pleted, 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 sub- section 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.

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120 STAT. 1416 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘§ 10106. Quarterly report on vacancy rate in employee posi- tions

‘‘(a) INITIAL REPORT.— ‘‘(1) IN GENERAL.—Not later than 3 months after the date

of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a report on the vacancies in employee positions of the Agency.

‘‘(2) CONTENTS.—The report under this subsection shall include—

‘‘(A) vacancies of each category of employee position; ‘‘(B) the number of applicants for each vacancy for

which public notice has been given; ‘‘(C) the length of time that each vacancy has been

pending; ‘‘(D) hiring-cycle time for each vacancy that has been

filled; and ‘‘(E) a plan for reducing the hiring-cycle time and

reducing the current and anticipated vacancies with highly- qualified personnel.

‘‘(b) QUARTERLY UPDATES.—Not later than 3 months after submission of the initial report, and every 3 months thereafter until 5 years after the date of enactment of this chapter, the Administrator shall submit to the appropriate committees of Con- gress 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 PRO- GRAM AT THE DEPARTMENT OF HOMELAND SECURITY.

(a) ESTABLISHMENT.—Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section 843 the following: ‘‘SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date

of enactment of this section, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the ‘Rotation Program’) for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council.

‘‘(2) GOALS.—The Rotation Program established by the Sec- retary 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;

Deadline.

6 USC 414.

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120 STAT. 1417PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(E) invigorate the workforce with exciting and profes- sionally rewarding opportunities;

‘‘(F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succes- sion planning within the Federal workforce of the Depart- ment; and

‘‘(G) complement and incorporate (but not replace) rota- tional 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-discipli- nary rotational opportunities;

‘‘(iii) establish eligibility for employees to partici- pate in the Rotation Program and select participants from employees who apply;

‘‘(iv) establish incentives for employees to partici- pate in the Rotation Program, including promotions and employment preferences;

‘‘(v) ensure that the Rotation Program provides professional education and training;

‘‘(vi) ensure that the Rotation Program develops qualified employees and future leaders with broad- based experience throughout the Department;

‘‘(vii) provide for greater interaction among employees in components of the Department; and

‘‘(viii) coordinate with rotational programs within the Department in effect on the date of enactment of this section.

‘‘(4) ALLOWANCES, PRIVILEGES, AND BENEFITS.—All allow- ances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be pre- served.

‘‘(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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120 STAT. 1418 PUBLIC LAW 109–295—OCT. 4, 2006

SEC. 623. HOMELAND SECURITY EDUCATION PROGRAM.

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

‘‘SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.

‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Administrator, shall establish a graduate-level Homeland Security Education Program in the National Capital Region to provide edu- cational opportunities to senior Federal officials and selected State and local officials with homeland security and emergency manage- ment responsibilities. The Administrator shall appoint an individual to administer the activities under this section.

‘‘(b) LEVERAGING OF EXISTING RESOURCES.—To maximize effi- ciency and effectiveness in carrying out the Program, the Adminis- trator shall use existing Department-reviewed Master’s Degree cur- ricula in homeland security, including curricula pending accredita- tion, together with associated learning materials, quality assess- ment tools, digital libraries, exercise systems and other educational facilities, including the National Domestic Preparedness Consor- tium, 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 govern- ments, 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 connec- tion with the employee’s education if the employee is volun- tarily 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

6 USC 415.

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120 STAT. 1419PUBLIC LAW 109–295—OCT. 4, 2006

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 deter- mine the amount of the payment, except that such amount may not exceed the pro rata share of the expenses incurred for the time remaining in the 2-year period. ‘‘(3) RECOVERY OF PAYMENT.—If an employee who is

required to make a payment under this subsection does not make the payment, a sum equal to the amount of the expenses incurred by the Government for the education of that employee is recoverable by the Government from the employee or his estate by—

‘‘(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or

‘‘(B) such other method as is provided by lay for the recovery of amounts owing to the Government.’’.

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. et seq.), as amended by section 622, is amended by inserting after the item relating to section 844 the following:

‘‘Sec. 845. Homeland Security Education Program.’’.

SEC. 624. SURGE CAPACITY FORCE.

(a) ESTABLISHMENT.— (1) IN GENERAL.—Not later than 6 months after the date

of enactment of this Act, the Administrator shall prepare and submit to the appropriate committees of Congress a plan to establish and implement a Surge Capacity Force for deployment of individuals to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents.

(2) AUTHORITY.— (A) IN GENERAL.—Except as provided in subparagraph

(B), the plan shall provide for individuals in the Surge Capacity Force to be trained and deployed under the authorities set forth in the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(B) EXCEPTION.—If the Administrator determines that the existing authorities are inadequate for the training and deployment of individuals in the Surge Capacity Force, the Administrator shall report to Congress as to the addi- tional statutory authorities that the Administrator deter- mines 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

Deadline. Plan.

6 USC 711.

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120 STAT. 1420 PUBLIC LAW 109–295—OCT. 4, 2006

rapidly and efficiently after activation to prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; and

(2) includes a sufficient number of full-time, highly trained individuals credentialed in accordance with section 510 of the Homeland Security Act of 2002, as amended by this Act, to lead and manage the Surge Capacity Force. (d) TRAINING.—The plan shall ensure that the Administrator

provides appropriate and continuous training to members of the Surge Capacity Force to ensure such personnel are adequately trained on the Agency’s programs and policies for natural disasters, acts of terrorism, and other man-made disasters.

(e) NO IMPACT ON AGENCY PERSONNEL CEILING.—Surge Capacity Force members shall not be counted against any personnel ceiling applicable to the Federal Emergency Management Agency.

(f) EXPENSES.—The Administrator may provide members of the Surge Capacity Force with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for the purpose of participating in any training that relates to service as a member of the Surge Capacity Force.

(g) IMMEDIATE IMPLEMENTATION OF SURGE CAPACITY FORCE INVOLVING FEDERAL EMPLOYEES.—As soon as practicable after the date of enactment of this Act, the Administrator shall develop and implement—

(1) the procedures under subsection (b); and (2) other elements of the plan needed to establish the

portion of the Surge Capacity Force consisting of individuals designated under those procedures.

CHAPTER 2—EMERGENCY MANAGEMENT CAPABILITIES

SEC. 631. STATE CATASTROPHIC INCIDENT ANNEX.

Section 613 of the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5196b) is amended—

(1) in subsection (b)(3) by inserting ‘‘including a cata- strophic incident annex,’’ after ‘‘plans,’’; and

(2) by redesignating subsections (c) through (g) and sub- sections (d) through (h), respectively; and

(3) by inserting after subsection (b) the following: ‘‘(c) CATASTROPHIC INCIDENT ANNEX.—

‘‘(1) CONSISTENCY.—A catastrophic incident annex sub- mitted 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 Emer- gency 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 multijuris- dictional councils of government, and regional planning commis- sions.’’.

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120 STAT. 1421PUBLIC LAW 109–295—OCT. 4, 2006

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 tech- nical 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 Emer- gency 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 Emer- gency 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 Home- land Security Act of 2002; and

‘‘(C) other response teams as may be necessary to meet the incident management responsibilities of the Fed- eral 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 estab- lished 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, orga- nized, equipped, trained, and exercised personnel to achieve the established target capability levels. Each emergency response team shall work in coordination with State and local officials and onsite personnel associated with a particular incident.

‘‘(4) READINESS REPORTING.—The Director shall evaluate team readiness on a regular basis and report team readiness levels in the report required under section 652(a) of the Post- Katrina Emergency Management Reform Act of 2006.’’.

SEC. 634. URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

(a) IN GENERAL.—There is in the Agency a system known as the Urban Search and Rescue Response System.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the system for fiscal year 2008, an amount equal to the amount appropriated for the system for fiscal year 2007 and an additional $20,000,000. SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM.

(a) IN GENERAL.—There is a Metropolitan Medical Response Program.

6 USC 723.

6 USC 722.

6 USC 721.

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120 STAT. 1422 PUBLIC LAW 109–295—OCT. 4, 2006

(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 emer- gency 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 disas- ters, acts of terrorism, and other man-made disasters.

(b) NOTICE.—The Administrator shall notify State, local, and tribal officials in an area in which a location for the prepositioned equipment program will be closed not later than 60 days before the date of such closure. SEC. 638. HURRICANE KATRINA AND HURRICANE RITA RECOVERY

OFFICES.

(a) ESTABLISHMENT.—In order to provide all eligible Federal assistance to individuals and State, local, and tribal governments affected by Hurricane Katrina or Hurricane Rita in a customer- focused, expeditious, effective, and consistent manner, the Adminis- trator shall establish, in coordination with the appropriate States, a recovery office. The Administrator may establish recovery offices for each of the following States, if necessary:

(1) Mississippi. (2) Louisiana. (3) Alabama. (4) Texas.

(b) STRUCTURE.—Each recovery office shall have an executive director, appointed by the Administrator, and a senior management team.

(c) RESPONSIBILITIES.—Each executive director, in coordination with State, local, and tribal governments, private sector entities, and nongovernmental organizations, including faith-based and other community humanitarian relief entities, shall provide assistance in a timely and effective manner to residents of the Gulf Coast region for recovering from Hurricane Katrina or Hurricane Rita.

(d) STAFFING.— (1) IN GENERAL.—Each recovery office shall be staffed by

multi-year term, temporary employees and permanent employees.

(2) STAFFING LEVELS.—Staffing levels of a recovery office shall be commensurate with current and projected workload and shall be evaluated on a regular basis. (e) PERFORMANCE MEASURES.—To ensure that each recovery

office is meeting its objectives, the Administrator shall identify

Deadline.

6 USC 725.

6 USC 724.

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120 STAT. 1423PUBLIC LAW 109–295—OCT. 4, 2006

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 organiza- tions to provide funds to emergency response providers to provide education and training in life supporting first aid to children.

SEC. 640. IMPROVEMENTS TO INFORMATION TECHNOLOGY SYSTEMS.

(a) MEASURES TO IMPROVE INFORMATION TECHNOLOGY SYS- TEMS.—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 head- quarters 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 thor- oughly 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 Emer- gency Management Information System to address short- comings 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 informa- tion technology systems. (b) REPORT.—Not later than 270 days after the date of enact-

ment 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, improve- ments made, and remaining problems and a description of any additional funding needed to make necessary and appropriate improvements to the information technology systems of the Agency.

Deadline.

6 USC 727.

6 USC 726.

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120 STAT. 1424 PUBLIC LAW 109–295—OCT. 4, 2006

SEC. 640a. DISCLOSURE OF CERTAIN INFORMATION TO LAW ENFORCE- MENT AGENCIES.

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

Subtitle C—Comprehensive Preparedness System

CHAPTER 1—NATIONAL PREPAREDNESS SYSTEM

SEC. 641. DEFINITIONS.

In this chapter: (1) CAPABILITY.—The term ‘‘capability’’ means the ability

to provide the means to accomplish one or more tasks under specific conditions and to specific performance standards. A capability may be achieved with any combination of properly planned, organized, equipped, trained, and exercised personnel that achieves the intended outcome.

(2) HAZARD.—The term ‘‘hazard’’ has the meaning given that term under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5195a).

(3) MISSION ASSIGNMENT.—The term ‘‘mission assignment’’ means a work order issued to a Federal agency by the Agency, directing completion by that agency of a specified task and setting forth funding, other managerial controls, and guidance.

(4) NATIONAL PREPAREDNESS GOAL.—The term ‘‘national preparedness goal’’ means the national preparedness goal estab- lished 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 estab- lished under section 648(a).

(7) OPERATIONAL READINESS.—The term ‘‘operational readi- ness’’ means the capability of an organization, an asset, a system, or equipment to perform the missions or functions for which it is organized or designed.

(8) PERFORMANCE MEASURE.—The term ‘‘performance measure’’ means a quantitative or qualitative characteristic used to gauge the results of an outcome compared to its intended purpose.

(9) PERFORMANCE METRIC.—The term ‘‘performance metric’’ means a particular value or characteristic used to measure the outcome that is generally expressed in terms of a baseline and a target.

(10) PREVENTION.—The term ‘‘prevention’’ means any activity undertaken to avoid, prevent, or stop a threatened or actual act of terrorism.

6 USC 741.

6 USC 728.

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120 STAT. 1425PUBLIC LAW 109–295—OCT. 4, 2006

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 Assist- ance 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 prepared- ness system may include national planning scenarios.

SEC. 645. NATIONAL PLANNING SCENARIOS.

(a) IN GENERAL.—The Administrator, in coordination with the heads of appropriate Federal agencies and the National Advisory Council, may develop planning scenarios to reflect the relative risk requirements presented by all hazards, including natural disas- ters, acts of terrorism, and other man-made disasters, in order to provide the foundation for the flexible and adaptive development of target capabilities and the identification of target capability levels to meet the national preparedness goal.

(b) DEVELOPMENT.—In developing, revising, and replacing national planning scenarios, the Administrator shall ensure that the scenarios—

(1) reflect the relative risk of all hazards and illustrate the potential scope, magnitude, and complexity of a broad range of representative hazards; and

(2) provide the minimum number of representative sce- narios necessary to identify and define the tasks and target capabilities required to respond to all hazards.

6 USC 745.

6 USC 744.

6 USC 743.

6 USC 742.

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120 STAT. 1426 PUBLIC LAW 109–295—OCT. 4, 2006

SEC. 646. TARGET CAPABILITIES AND PREPAREDNESS PRIORITIES.

(a) ESTABLISHMENT OF GUIDELINES ON TARGET CAPABILITIES.— Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall complete, revise, and update, as necessary, guidelines to define risk-based target capabilities for Federal, State, local, and tribal government preparedness that will enable the Nation to prevent, respond to, recover from, and mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.

(b) DISTRIBUTION OF GUIDELINES.—The Administrator shall ensure that the guidelines are provided promptly to the appropriate committees of Congress and the States.

(c) OBJECTIVES.—The Administrator shall ensure that the guidelines are specific, flexible, and measurable.

(d) TERRORISM RISK ASSESSMENT.—With respect to analyzing and assessing the risk of acts of terrorism, the Administrator shall consider—

(1) the variables of threat, vulnerability, and consequences related to population (including transient commuting and tourist populations), areas of high population density, critical infrastructure, coastline, and international borders; and

(2) the most current risk assessment available from the Chief Intelligence Officer of the Department of the threats of terrorism against the United States. (e) PREPAREDNESS PRIORITIES.—In establishing the guidelines

under subsection (a), the Administrator shall establish preparedness priorities that appropriately balance the risk of all hazards, including natural disasters, acts of terrorism, and other man-made disasters, with the resources required to prevent, respond to, recover from, and mitigate against the hazards.

(f) MUTUAL AID AGREEMENTS.—The Administrator may provide support for the development of mutual aid agreements within States.

SEC. 647. EQUIPMENT AND TRAINING STANDARDS.

(a) EQUIPMENT STANDARDS.— (1) IN GENERAL.—The Administrator, in coordination with

the heads of appropriate Federal agencies and the National Advisory Council, shall support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for the performance, use, and validation of equipment used by Federal, State, local, and tribal governments and non- governmental emergency response providers.

(2) REQUIREMENTS.—The national voluntary consensus standards shall—

(A) be designed to achieve equipment and other capabilities consistent with the national preparedness goal, including the safety and health of emergency response providers;

(B) to the maximum extent practicable, be consistent with existing national voluntary consensus standards;

(C) take into account, as appropriate, threats that may not have been contemplated when the existing standards were developed; and

6 USC 747.

Deadline.

6 USC 746.

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120 STAT. 1427PUBLIC LAW 109–295—OCT. 4, 2006

(D) focus on maximizing operability, interoperability, interchangeability, durability, flexibility, efficiency, effi- cacy, portability, sustainability, and safety.

(b) TRAINING STANDARDS.—The Administrator shall— (1) support the development, promulgation, and regular

updating, as necessary, of national voluntary consensus stand- ards 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 car-

rying out this section, the Administrator shall consult with rep- resentatives of relevant public and private sector national voluntary consensus standards development organizations.

SEC. 648. TRAINING AND EXERCISES.

(a) NATIONAL TRAINING PROGRAM.— (1) IN GENERAL.—Beginning not later than 180 days after

the date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national training program to imple- ment 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 acad- emies, State and private universities, and other facilities.

(b) NATIONAL EXERCISE PROGRAM.— (1) IN GENERAL.—Beginning not later than 180 days after

the date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national exercise program to test and evaluate the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies.

(2) REQUIREMENTS.—The national exercise program— (A) shall be—

(i) as realistic as practicable, based on current risk assessments, including credible threats, vulnerabilities, and consequences, and designed to stress the national preparedness system;

(ii) designed, as practicable, to simulate the partial or complete incapacitation of a State, local, or tribal government;

(iii) carried out, as appropriate, with a minimum degree of notice to involved parties regarding the timing and details of such exercises, consistent with safety considerations;

(iv) designed to provide for systematic evaluation of readiness; and

Deadline.

Deadline.

6 USC 748.

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120 STAT. 1428 PUBLIC LAW 109–295—OCT. 4, 2006

(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 evalua- tion of exercises that—

(i) conform to the requirements under subpara- graph (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 exer- cises for the following purposes:

(A) To test and evaluate the capability of Federal, State, local, and tribal governments to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction.

(B) To test and evaluate the readiness of Federal, State, local, and tribal governments to respond and recover in a coordinated and unified manner to catastrophic incidents.

SEC. 649. COMPREHENSIVE ASSESSMENT SYSTEM.

(a) ESTABLISHMENT.—The Administrator, in coordination with the National Council on Disability and the National Advisory Council, shall establish a comprehensive system to assess, on an ongoing basis, the Nation’s prevention capabilities and overall preparedness, including operational readiness.

(b) PERFORMANCE METRICS AND MEASURES.—The Administrator shall ensure that each component of the national preparedness system, National Incident Management System, National Response Plan, and other related plans and strategies, and the reports required under section 652 is developed, revised, and updated with clear and quantifiable performance metrics, measures, and out- comes.

(c) CONTENTS.—The assessment system established under sub- section (a) shall assess—

(1) compliance with the national preparedness system, National Incident Management System, National Response Plan, and other related plans and strategies;

(2) capability levels at the time of assessment against target capability levels defined pursuant to the guidelines established under section 646(a);

(3) resource needs to meet the desired target capability levels defined pursuant to the guidelines established under section 646(a); and

(4) performance of training, exercises, and operations. SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.

The Administrator, in coordination with the National Council on Disability and the National Advisory Council, shall establish a remedial action management program to—

(1) analyze training, exercises, and real-world events to identify and disseminate lessons learned and best practices;

(2) generate and disseminate, as appropriate, after action reports to participants in exercises and real-world events; and

(3) conduct remedial action tracking and long-term trend analysis.

6 USC 750.

6 USC 749.

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120 STAT. 1429PUBLIC LAW 109–295—OCT. 4, 2006

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 coordina-

tion with the Secretary of Defense, shall develop a list of organiza- tions and functions within the Department of Defense that may be used, pursuant to the authority provided under the National Response Plan and sections 402, 403, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide support to civil authorities during natural disasters, acts of terrorism, and other man-made disasters.

(d) DATABASE.—The Administrator shall establish an inventory database to allow—

(1) real-time exchange of information regarding capabilities, readiness, or the compatibility of equipment;

(2) easy identification and rapid deployment during an incident; and

(3) the sharing of inventories with other Federal agencies, as appropriate.

SEC. 652. REPORTING REQUIREMENTS.

(a) FEDERAL PREPAREDNESS REPORT.— (1) IN GENERAL.—Not later than 12 months after the date

of enactment of this Act, and annually thereafter, the Adminis- trator, in coordination with the heads of appropriate Federal agencies, shall submit to the appropriate committees of Con- gress a report on the Nation’s level of preparedness for all hazards, including natural disasters, acts of terrorism, and other man-made disasters.

(2) CONTENTS.—Each report shall include— (A) an assessment of how Federal assistance supports

the national preparedness system; (B) the results of the comprehensive assessment carried

out under section 649; (C) a review of the inventory described in section

651(a); and (D) an assessment of resource needs to meet prepared-

ness 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 assist- ance during the preceding fiscal year achieved the preparedness priorities.

6 USC 752.

6 USC 751.

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120 STAT. 1430 PUBLIC LAW 109–295—OCT. 4, 2006

(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 cata-

strophic 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 Manage- ment System, National Response Plan, and other related plans and strategies;

(B) an assessment of current capability levels and a description of target capability levels; and

(C) an assessment of resource needs to meet the preparedness priorities established under section 646(e), including—

(i) an estimate of the amount of expenditures required to attain the preparedness priorities; and

(ii) the extent to which the use of Federal assist- ance during the preceding fiscal year achieved the preparedness priorities.

SEC. 653. FEDERAL PREPAREDNESS.

(a) AGENCY RESPONSIBILITY.—In support of the national preparedness system, the President shall ensure that each Federal agency with coordinating, primary, or supporting responsibilities under the National Response Plan—

(1) has the operational capability to meet the national preparedness goal, including—

(A) the personnel to make and communicate decisions; (B) organizational structures that are assigned,

trained, and exercised for the missions of the agency;

6 USC 753.

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120 STAT. 1431PUBLIC LAW 109–295—OCT. 4, 2006

(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 per-

sonnel to be deployed when the agency is called upon to support a Federal response; and

(4) develops deliberate operational plans and the cor- responding 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 accommo-

dation; (iii) provisions for populations with special needs,

keeping families together, and expeditious location of missing children; and

(iv) policies and provisions for pets. (B) The preparedness and deployment of public health

and medical resources, including resources to address the needs of evacuees and populations with special needs.

(C) The coordination of interagency search and rescue operations, including land, water, and airborne search and rescue operations.

(D) The roles and responsibilities of the Senior Federal Law Enforcement Official with respect to other law enforce- ment 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 Depart-

ment of Defense, National Air and Space Administration,

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120 STAT. 1432 PUBLIC LAW 109–295—OCT. 4, 2006

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 assist-

ance 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, communica- tions, 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 sup- porting 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 prepared- ness documents, planning tools, and guidelines to the extent prac- ticable and consistent with this Act.

CHAPTER 2—ADDITIONAL PREPAREDNESS

SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

(a) IN GENERAL.—The Administrator may make grants to administer the Emergency Management Assistance Compact con- sented to by the Joint Resolution entitled ‘‘Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact’’ (Public Law 104–321; 110 Stat. 3877).

(b) USES.—A grant under this section shall be used— (1) to carry out recommendations identified in the Emer-

gency 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 appro- priate 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 pro- viders 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

6 USC 761.

6 USC 754.

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120 STAT. 1433PUBLIC LAW 109–295—OCT. 4, 2006

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 struc- ture of the Center for Domestic Preparedness.

SEC. 664. NATIONAL EXERCISE SIMULATION CENTER.

The President shall establish a national exercise simulation center that—

(1) uses a mix of live, virtual, and constructive simulations to—

(A) prepare elected officials, emergency managers, emergency response providers, and emergency support pro- viders 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 decision- making in a simulated environment; and (2) uses modeling and simulation for training, exercises,

and command and control functions at the operational level.

Subtitle D—Emergency Communications

SEC. 671. EMERGENCY COMMUNICATIONS.

(a) SHORT TITLE.—This section may be cited as the ‘‘21st Cen- tury Emergency Communications Act of 2006’’.

(b) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following new title:

‘‘TITLE XVIII—EMERGENCY COMMUNICATIONS

‘‘SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.

‘‘(a) IN GENERAL.—There is established in the Department an Office of Emergency Communications.

‘‘(b) DIRECTOR.—The head of the office shall be the Director for Emergency Communications. The Director shall report to the Assistant Secretary for Cybersecurity and Communications.

6 USC 571.

6 USC 101 note.

21st Century Emergency Communications Act of 2006.

President. 6 USC 764.

6 USC 763.

6 USC 762.

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120 STAT. 1434 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(c) RESPONSIBILITIES.—The Director for Emergency Commu- nications 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 ele- ments related to research, development, testing, and evaluation and standards;

‘‘(3) administer the Department’s responsibilities and authorities relating to the Integrated Wireless Network pro- gram;

‘‘(4) conduct extensive, nationwide outreach to support and promote the ability of emergency response providers and rel- evant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters;

‘‘(5) conduct extensive, nationwide outreach and foster the development of interoperable emergency communications capabilities by State, regional, local, and tribal governments and public safety agencies, and by regional consortia thereof;

‘‘(6) provide technical assistance to State, regional, local, and tribal government officials with respect to use of interoper- able 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 proce- dures 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 emer- gency communications capabilities for such response;

‘‘(9) coordinate, in cooperation with the National Commu- nications System, the establishment of a national response capability with initial and ongoing planning, implementation, and training for the deployment of communications equipment for relevant State, local, and tribal governments and emergency response providers in the event of a catastrophic loss of local and regional emergency communications services;

‘‘(10) assist the President, the National Security Council, the Homeland Security Council, and the Director of the Office of Management and Budget in ensuring the continued operation of the telecommunications functions and responsibilities of the Federal Government, excluding spectrum management;

‘‘(11) establish, in coordination with the Director of the Office for Interoperability and Compatibility, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications sys- tems and equipment purchased using homeland security assist- ance 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 commu- nications plans of Federal, State, local, and tribal governments,

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120 STAT. 1435PUBLIC LAW 109–295—OCT. 4, 2006

including Statewide and tactical interoperability plans, devel- oped 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 nec- essary 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 stand- ards.

‘‘(2) The responsibilities of the Chief Information Officer related to the implementation of the Integrated Wireless Net- work.

‘‘(3) The Interoperable Communications Technical Assist- ance Program. ‘‘(e) COORDINATION.—The Director for Emergency Communica-

tions shall coordinate— ‘‘(1) as appropriate, with the Director of the Office for

Interoperability and Compatibility with respect to the respon- sibilities 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 Con- gress 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 Comp- troller General shall submit to Congress a report containing the findings of such review.

‘‘SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director for Emergency Communications, and in cooperation with the Department of National Communications System (as appropriate), shall, in cooperation with State, local, and tribal governments, Federal departments and agencies, emergency response providers, and the private sector, develop not later than 180 days after the completion of the baseline assessment under section 1803, and periodically update, a National Emergency Communications Plan to provide recommendations regarding how the United States should—

Deadline.

6 USC 572.

Reports. Deadline.

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120 STAT. 1436 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(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 emer- gency communications equipment for the purchase and use by public safety agencies of interoperable emergency commu- nications equipment and technologies;

‘‘(2) identify the appropriate capabilities necessary for emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters;

‘‘(3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and tribal governments in the event of natural disasters, acts of terrorism, and other man-made disasters;

‘‘(4) recommend both short-term and long-term solutions for ensuring that emergency response providers and relevant government officials can continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters;

‘‘(5) recommend both short-term and long-term solutions for deploying interoperable emergency communications systems for Federal, State, local, and tribal governments throughout the Nation, including through the provision of existing and emerging technologies;

‘‘(6) identify how Federal departments and agencies that respond to natural disasters, acts of terrorism, and other man- made disasters can work effectively with State, local, and tribal governments, in all States, and with other entities;

‘‘(7) identify obstacles to deploying interoperable emergency communications capabilities nationwide and recommend short- term and long-term measures to overcome those obstacles, including recommendations for multijurisdictional coordination among Federal, State, local, and tribal governments;

‘‘(8) recommend goals and timeframes for the deployment of emergency, command-level communications systems based on new and existing equipment across the United States and develop a timetable for the deployment of interoperable emer- gency communications systems nationwide; and

‘‘(9) recommend appropriate measures that emergency response providers should employ to ensure the continued oper- ation of relevant governmental communications infrastructure in the event of natural disasters, acts of terrorism, or other man-made disasters.

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120 STAT. 1437PUBLIC LAW 109–295—OCT. 4, 2006

‘‘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 con- tinue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters;

‘‘(2) defines the range of interoperable emergency commu- nications 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 commu- nications inventory to be completed by the Secretary of Home- land 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 communica-

tions 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 pro- vided under subsection (a)(5)(A).

‘‘(c) SAVINGS CLAUSE.—In conducting the baseline assessment under this section, the Secretary may incorporate findings from assessments conducted before, or ongoing on, the date of enactment of this title.

‘‘(d) PROGRESS REPORTS.—Not later than one year after the date of enactment of this section and biennially thereafter, the Secretary, acting through the Director for Emergency Communica- tions, shall submit to Congress a report on the progress of the Department in achieving the goals of, and carrying out its respon- sibilities 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 commu- nications by emergency managers, emergency response pro- viders, and relevant government officials in the event of—

‘‘(A) natural disasters, acts of terrorism, or other man- made disasters, including Incidents of National Significance declared by the Secretary under the National Response Plan; and

6 USC 573.

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120 STAT. 1438 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(B) a catastrophic loss of local and regional commu- nications services; ‘‘(4) a list of best practices relating to the ability to continue

to communicate and to provide and maintain interoperable emergency communications in the event of natural disasters, acts of terrorism, or other man-made disasters; and

‘‘(A) an evaluation of the feasibility and desirability of the Department developing, on its own or in conjunction with the Department of Defense, a mobile communications capability, modeled on the Army Signal Corps, that could be deployed to support emergency communications at the site of natural disasters, acts of terrorism, or other man- made disasters.

‘‘SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMU- NICATIONS GRANT PROGRAMS.

‘‘(a) COORDINATION OF GRANTS AND STANDARDS PROGRAMS.— The Secretary, acting through the Director for Emergency Commu- nications, shall ensure that grant guidelines for the use of homeland security assistance administered by the Department relating to interoperable emergency communications are coordinated and con- sistent with the goals and recommendations in the National Emer- gency Communications Plan under section 1802.

‘‘(b) DENIAL OF ELIGIBILITY FOR GRANTS.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assist-

ant 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 Commu- nications Plan as required by section 7303(f) of the Intel- ligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f));

‘‘(B) such government has proposed to upgrade or pur- chase 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 vol- untary 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 emer- gency communications.

6 USC 574.

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120 STAT. 1439PUBLIC LAW 109–295—OCT. 4, 2006

‘‘SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINA- TION.

‘‘(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 Agen- cies.

‘‘(H) Local emergency managers or homeland security directors.

‘‘(I) Other emergency response providers as appro- priate. ‘‘(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 govern- ments. ‘‘(c) COORDINATION.—Each RECC Working Group shall coordi-

nate its activities with the following: ‘‘(1) Communications equipment manufacturers and ven-

dors (including broadband data service providers). ‘‘(2) Local exchange carriers. ‘‘(3) Local broadcast media. ‘‘(4) Wireless carriers. ‘‘(5) Satellite communications services. ‘‘(6) Cable operators. ‘‘(7) Hospitals. ‘‘(8) Public utility services. ‘‘(9) Emergency evacuation transit services. ‘‘(10) Ambulance services. ‘‘(11) HAM and amateur radio operators. ‘‘(12) Representatives from other private sector entities and

nongovernmental organizations as the Regional Administrator determines appropriate. ‘‘(d) DUTIES.—The duties of each RECC Working Group shall

include— ‘‘(1) assessing the survivability, sustainability, and inter-

operability of local emergency communications systems to meet the goals of the National Emergency Communications Plan;

‘‘(2) reporting annually to the relevant Regional Adminis- trator, the Director for Emergency Communications, the Chair- man of the Federal Communications Commission, and the Assistant Secretary for Communications and Information of

Reports.

Establishment.

6 USC 575.

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120 STAT. 1440 PUBLIC LAW 109–295—OCT. 4, 2006

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 nat- ural disasters, acts of terrorism, and other man-made disasters.

‘‘SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

‘‘(a) ESTABLISHMENT.—There is established the Emergency Communications Preparedness Center (in this section referred to as the ‘Center’).

‘‘(b) OPERATION.—The Secretary, the Chairman of the Federal Communications Commission, the Secretary of Defense, the Sec- retary 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 Communica- tions 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 intergovern- mental information to support and promote (including specifi- cally by working to avoid duplication, hindrances, and counter- active efforts among the participating Federal departments and agencies)—

‘‘(A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and

‘‘(B) interoperable emergency communications; ‘‘(2) prepare and submit to Congress, on an annual basis,

a strategic assessment regarding the coordination efforts of Federal departments and agencies to advance—

‘‘(A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and

‘‘(B) interoperable emergency communications; ‘‘(3) consider, in preparing the strategic assessment under

paragraph (2), the goals stated in the National Emergency Communications Plan under section 1802; and

‘‘(4) perform such other functions as are provided in the Emergency Communications Preparedness Center (ECPC) Charter described in subsection (b)(1).

6 USC 576.

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120 STAT. 1441PUBLIC LAW 109–295—OCT. 4, 2006

‘‘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 commu- nications 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 emer- gency response capabilities—

‘‘(1) to communicate with each other in the event of an emergency;

‘‘(2) to have appropriate and timely access to the Informa- tion Sharing Environment described in section 1016 of the National Security Intelligence Reform Act of 2004 (6 U.S.C. 321); and

‘‘(3) to be consistent with any applicable State or Urban Area homeland strategy or plan.

‘‘SEC. 1808. DEFINITION.

‘‘In this title, the term ‘interoperable’ has the meaning given the term ‘interoperable communications’ under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)).’’.

(c) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:

‘‘TITLE XVIII—EMERGENCY COMMUNICATIONS

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

SEC. 672. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

(a) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following: ‘‘SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

‘‘(a) CLARIFICATION OF RESPONSIBILITIES.—The Director of the Office for Interoperability and Compatibility shall—

‘‘(1) assist the Secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1));

6 USC 195.

6 USC 578.

6 USC 577.

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120 STAT. 1442 PUBLIC LAW 109–295—OCT. 4, 2006

‘‘(2) in coordination with the Federal Communications Commission, the National Institute of Standards and Tech- nology, 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 Emer- gency Communications, requirements for interoperable emer- gency communications capabilities, which shall be nonpropri- etary 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, tech- nology, or system;

‘‘(5) carry out the Department’s responsibilities and authorities relating to research, development, testing, evalua- tion, or standards-related elements of the SAFECOM Program;

‘‘(6) evaluate and assess new technology in real-world environments to achieve interoperable emergency communica- tions 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 spec- trum 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 dem- onstrate technologies, including data and video, that enhance—

‘‘(A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and

‘‘(B) interoperable emergency communications capabili- ties.

‘‘(b) COORDINATION.—The Director of the Office for Interoper- ability and Compatibility shall coordinate with the Director for Emergency Communications with respect to the SAFECOM pro- gram.

‘‘(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.’’.

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120 STAT. 1443PUBLIC LAW 109–295—OCT. 4, 2006

SEC. 673. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND DEVELOPMENT.

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

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

‘‘(a) IN GENERAL.—The Under Secretary for Science and 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 rel- evant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and

‘‘(2) interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by—

‘‘(A) supporting research on a competitive basis, including through the Directorate of Science and Tech- nology and Homeland Security Advanced Research Projects Agency; and

‘‘(B) considering the establishment of a Center of Excel- lence 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 evalua- tion on emergency communication capabilities;

‘‘(2) understanding the strengths and weaknesses of the public safety communications systems in use;

‘‘(3) examining how current and emerging technology can make emergency response providers more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effective manner;

‘‘(4) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency commu- nications; and

‘‘(5) evaluating and validating advanced technology con- cepts, and facilitating the development and deployment of inter- operable emergency communication capabilities. ‘‘(c) DEFINITIONS.—For purposes of this section, the term ‘inter-

operable’, 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.’’.

6 USC 195a.

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120 STAT. 1444 PUBLIC LAW 109–295—OCT. 4, 2006

SEC. 674. 911 AND E911 SERVICES REPORT.

Not later than 180 days after the date of enactment of this Act, the Chairman of the Federal Communications Commission shall submit a report to Congress on the status of efforts of State, local, and tribal governments to develop plans for rerouting 911 and E911 services in the event that public safety answering points are disabled during natural disasters, acts of terrorism, and other man-made disasters. SEC. 675. SAVINGS CLAUSE.

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

Subtitle E—Stafford Act Amendments

SEC. 681. GENERAL FEDERAL ASSISTANCE.

(a) MAJOR DISASTERS.—Section 402 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended—

(1) in paragraph (1), by striking ‘‘efforts’’ and inserting ‘‘response or recovery efforts, including precautionary evacu- ations’’;

(2) in paragraph (2), by striking the semicolon and inserting ‘‘, including precautionary evacuations and recovery;’’;

(3) in paragraph (3)— (A) in subparagraph (D), by striking ‘‘and’’ at the end;

and (B) by adding at the end the following: ‘‘(F) recovery activities, including disaster impact

assessments and planning;’’; (4) in paragraph (4), by striking the period and inserting

‘‘; and’’; and (5) by adding at the end the following: ‘‘(5) provide accelerated Federal assistance and Federal

support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—

‘‘(A) shall, to the fullest extent practicable, promptly notify and coordinate with officials in a State in which such assistance or support is provided; and

‘‘(B) shall not, in notifying and coordinating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of a major disaster.’’.

(b) EMERGENCIES.—Section 502 of the Robert T. Stafford Dis- aster 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 semi-

colon; (C) in paragraph (7), by striking the period and

inserting ‘‘; and’’; and

6 USC 571 note.

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120 STAT. 1445PUBLIC LAW 109–295—OCT. 4, 2006

(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 assist- ance available to affected States and the circumstances under which such requests are likely to be approved.’’.

SEC. 682. NATIONAL DISASTER RECOVERY STRATEGY.

(a) IN GENERAL.—The Administrator, in coordination with the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, the Secretary of Agri- culture, 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 appro- priate Federal agencies, State, local, and tribal government officials (including through the National Advisory Council), and representa- tives of appropriate nongovernmental organizations shall develop, coordinate, and maintain a National Disaster Recovery Strategy to serve as a guide to recovery efforts after major disasters and emergencies.

(b) CONTENTS.—The National Disaster Recovery Strategy shall—

(1) outline the most efficient and cost-effective Federal programs that will meet the recovery needs of States, local and tribal governments, and individuals and households affected by a major disaster;

(2) clearly define the role, programs, authorities, and responsibilities of each Federal agency that may be of assistance in providing assistance in the recovery from a major disaster;

(3) promote the use of the most appropriate and cost- effective building materials (based on the hazards present in an area) in any area affected by a major disaster, with the goal of encouraging the construction of disaster-resistant buildings; and

(4) describe in detail the programs that may be offered by the agencies described in paragraph (2), including—

(A) discussing funding issues; (B) detailing how responsibilities under the National

Disaster Recovery Strategy will be shared; and

6 USC 771.

President.

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120 STAT. 1446 PUBLIC LAW 109–295—OCT. 4, 2006

(C) addressing other matters concerning the coopera- tive 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 appro- priate committees of Congress a report updating the report submitted under paragraph (1)—

(A) on the same date that any change is made to the National Disaster Recovery Strategy; and

(B) on a periodic basis after the submission of the report under paragraph (1), but not less than once every 5 years after the date of the submission of the report under paragraph (1).

SEC. 683. NATIONAL DISASTER HOUSING STRATEGY.

(a) IN GENERAL.—The Administrator, in coordination with rep- resentatives of the Federal agencies, governments, and organiza- tions 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 main- tain 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 Develop-

ment; (C) the Department of Agriculture; (D) the Department of Veterans Affairs; (E) the Department of Health and Human Services; (F) the Bureau of Indian Affairs; (G) any other Federal agency that may provide housing

assistance in the event of a major disaster; (H) the American Red Cross; and (I) State, local, and tribal governments;

(3) describe in detail the programs that may be offered by the entities described in paragraph (2), including—

(A) outlining any funding issues; (B) detailing how responsibilities under the National

Disaster Housing Strategy will be shared; and (C) addressing other matters concerning the coopera-

tive effort to provide housing assistance during a major disaster; (4) consider methods through which housing assistance

can be provided to individuals and households where employ- ment and other resources for living are available;

6 USC 772.

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120 STAT. 1447PUBLIC LAW 109–295—OCT. 4, 2006

(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 appro- priate, 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 popu- lations.

(2) UPDATED REPORT.—The Administrator shall submit to the appropriate committees of Congress a report updating the report submitted under paragraph (1)—

(A) on the same date that any change is made to the National Disaster Housing Strategy; and

(B) on a periodic basis after the submission of the report under paragraph (1), but not less than once every 5 years after the date of the submission of the report under paragraph (1).

SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA.

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

SEC. 685. HOUSING ASSISTANCE.

Section 408(c)(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—

(1) by inserting ‘‘or semi-permanent’’ after ‘‘permanent’’; and

(2) by striking ‘‘remote’’.

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120 STAT. 1448 PUBLIC LAW 109–295—OCT. 4, 2006

SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PRO- GRAMS.

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 subpara-

graph (B). SEC. 687. COORDINATING OFFICERS.

Section 302 of the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5143(b)) is amended by adding after subsection (c) the following:

‘‘(d) Where the area affected by a major disaster or emergency includes parts of more than 1 State, the President, at the discretion of the President, may appoint a single Federal coordinating officer for the entire affected area, and may appoint such deputy Federal coordinating officers to assist the Federal coordinating officer as the President determines appropriate.’’. SEC. 688. DEFINITIONS.

Section 102 of the Robert T. Stafford Disaster Relief and Emer- gency 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 facili- ties described in subparagraph (A), the term ‘private non- profit facility’ includes any private nonprofit facility that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, and facilities that provide health and safety services of a governmental nature), as defined by the President.’’; (2) by redesignating paragraphs (6) through (9) as para-

graphs (7) through (10), respectively; and (3) by inserting after paragraph (5) the following: ‘‘(6) INDIVIDUAL WITH A DISABILITY.—The term ‘individual

with a disability’ means an individual with a disability as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).’’.

SEC. 689. INDIVIDUALS WITH DISABILITIES.

(a) GUIDELINES.—Not later than 90 days after the date of enactment of this Act, and in coordination with the National Advisory Council, the National Council on Disability, the Inter- agency Coordinating Council on Preparedness and Individuals With Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), and the Disability Coordinator (established under section 513 of the Homeland Security Act of 2002, as added by this Act),

Deadline. 6 USC 773.

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120 STAT. 1449PUBLIC LAW 109–295—OCT. 4, 2006

the Administrator shall develop guidelines to accommodate individ- uals 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 equip- ment,’’ after ‘‘medicine’’; and

(2) in paragraph (3)— (A) in subparagraph (B), by inserting ‘‘durable medical

equipment,’’ after ‘‘medicine’’; (B) in subparagraph (H), by striking ‘‘and’’ at the end; (C) in subparagraph (I), by striking the period and

inserting ‘‘; and’’; and (D) by adding at the end the following: ‘‘(J) provision of rescue, care, shelter, and essential

needs— ‘‘(i) to individuals with household pets and service

animals; and ‘‘(ii) to such pets and animals.’’.

(c) FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.— Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—

(1) in subsection (b)(1), by inserting ‘‘, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable,’’ after ‘‘uninhabitable’’; and

(2) in subsection (d)(1)(A)— (A) in clause (i), by striking ‘‘and’’ after the semicolon; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following:

‘‘(ii) meets the physical accessibility requirements for individuals with disabilities; and’’.

SEC. 689a. NONDISCRIMINATION IN DISASTER ASSISTANCE.

Section 308(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by inserting ‘‘disability, English proficiency,’’ after ‘‘age,’’. SEC. 689b. REUNIFICATION.

(a) DEFINITIONS.—In this section: (1) CHILD LOCATOR CENTER.—The term ‘‘Child Locator

Center’’ means the National Emergency Child Locator Center established under subsection (b).

(2) DECLARED EVENT.—The term ‘‘declared event’’ means a major disaster or emergency.

(3) DISPLACED ADULT.—The term ‘‘displaced adult’’ means an individual 21 years of age or older who is displaced from the habitual residence of that individual as a result of a declared event.

(4) DISPLACED CHILD.—The term ‘‘displaced child’’ means an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of a declared event. (b) NATIONAL EMERGENCY CHILD LOCATOR CENTER.—

6 USC 774.

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120 STAT. 1450 PUBLIC LAW 109–295—OCT. 4, 2006

(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 Adminis- trator shall establish procedures to make all relevant informa- tion 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 chil- dren. (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 dis- placed adults that may assist in locating displaced children;

(B) create a website to provide information about dis- placed children;

(C) deploy its staff to the location of a declared event to gather information about displaced children;

(D) assist in the reunification of displaced children with their families;

(E) provide information to the public about additional resources for disaster assistance;

(F) work in partnership with Federal, State, and local law enforcement agencies;

(G) provide technical assistance in locating displaced children;

(H) share information on displaced children and dis- placed adults with governmental agencies and nongovern- mental organizations providing disaster assistance;

(I) use its resources to gather information about dis- placed 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—

Website.

Communications and tele- communications

Deadline.

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120 STAT. 1451PUBLIC LAW 109–295—OCT. 4, 2006

(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 dis- aster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assist- ance Act (42 U.S.C. 5122)).’’.

(d) REPORT.—Not later than 270 days after the date of enact- ment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Com- mittee on the Judiciary of the Senate and the Committee on Transportation and Infrastructure and the Committee on the Judiciary of the House of Representatives a report describing in detail the status of the Child Locator Center, including funding issues and any difficulties or issues in establishing the Center or completing the cooperative agreements described in subsection (b)(3)(K).

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

(a) DEFINITIONS.—In this section— (1) the term ‘‘displaced individual’’ means an individual

displaced by an emergency or major disaster; and (2) the term ‘‘National Emergency Family Registry and

Locator System’’ means the National Emergency Family Reg- istry and Locator System established under subsection (b). (b) ESTABLISHMENT.—Not later than 180 days after the date

of enactment of this Act, the Administrator shall establish a National Emergency Family Registry and Locator System to help reunify families separated after an emergency or major disaster.

(c) OPERATION OF SYSTEM.—The National Emergency Family Registry and Locator System shall—

(1) allow a displaced adult (including medical patients) to voluntarily register (and allow an adult that is the parent or guardian of a displaced child to register such child), by submitting personal information to be entered into a database (such as the name, current location of residence, and any other relevant information that could be used by others seeking to locate that individual);

(2) ensure that information submitted under paragraph (1) is accessible to those individuals named by a displaced individual and to those law enforcement officials;

(3) be accessible through the Internet and through a toll- free number, to receive reports of displaced individuals; and

(4) include a means of referring displaced children to the National Emergency Child Locator Center established under section 689b. (d) PUBLICATION OF INFORMATION.—Not later than 210 days

after the date of enactment of this Act, the Administrator shall establish a mechanism to inform the public about the National Emergency Family Registry and Locator System and its potential usefulness for assisting to reunite displaced individuals with their families.

6 USC 775.

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120 STAT. 1452 PUBLIC LAW 109–295—OCT. 4, 2006

(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 enact- ment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing in detail the status of the National Emergency Family Registry and Locator System, including any difficulties or issues in establishing the System, including funding issues.

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

Section 408(c)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) is amended—

(1) in clause (i), by adding at the end the following: ‘‘Such assistance may include the payment of the cost of utilities, excluding telephone service.’’; and

(2) in clause (ii), by inserting ‘‘security deposits,’’ after ‘‘hookups,’’.

SEC. 689e. DISASTER RELATED INFORMATION SERVICES.

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

‘‘SEC. 616. DISASTER RELATED INFORMATION SERVICES.

‘‘(a) IN GENERAL.—Consistent with section 308(a), the Director of Federal Emergency Management Agency shall—

‘‘(1) identify, in coordination with State and local govern- ments, 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:

42 USC 5196f.

Deadline.

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120 STAT. 1453PUBLIC LAW 109–295—OCT. 4, 2006

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

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

‘‘SEC. 426. CASE MANAGEMENT SERVICES.

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

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

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

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

‘‘(a) IN GENERAL.—The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate.

‘‘(b) RESPONSIBILITIES.—The Small State and Rural Advocate shall be an advocate for the fair treatment of small States and rural communities in the provision of assistance under this Act.

‘‘(c) DUTIES.—The Small State and Rural Advocate shall— ‘‘(1) participate in the disaster declaration process under

section 401 and the emergency declaration process under sec- tion 501, to ensure that the needs of rural communities are being addressed;

‘‘(2) assist small population States in the preparation of requests for major disaster or emergency declarations; and

‘‘(3) conduct such other activities as the Director of the Federal Emergency Management Agency considers appro- priate.’’. (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 arith- metic formulas and sliding scales based on income or popu- lation. (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,’’.

42 USC 5165d note.

42 USC 5165d.

42 USC 5189d.

42 USC 5189c.

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120 STAT. 1454 PUBLIC LAW 109–295—OCT. 4, 2006

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 tem- porary housing assistance to individuals and households eligible for assistance under section 408 of the Robert T. Stafford Dis- aster 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 Emer- gency Assistance Act (42 U.S.C. 5174);

(ii) make improvements to properties under such lease agreements;

(iii) use the pilot program where the program is cost effective in that the cost to the Government for the lease agreements is in proportion to the savings to the Government by not providing alternative housing; and

(iv) limit repairs to those required to ensure that the housing units shall meet Federal housing quality standards. (B) IMPROVEMENTS TO LEASED PROPERTIES.—Under the

terms of any lease agreement for a property described under subparagraph (A)(ii), the value of the contribution of the Agency to such improvements—

(i) shall be deducted from the value of the lease agreement; and

(ii) may not exceed the value of the lease agree- ment.

(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;

6 USC 776.

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120 STAT. 1455PUBLIC LAW 109–295—OCT. 4, 2006

(ii) findings and conclusions of the Administrator with respect to the pilot program;

(iii) an assessment of additional authorities needed to aid the Agency in its mission of providing disaster housing assistance to individuals and households eligible for assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), either under the pilot program under this section or other potential housing programs; and

(iv) any recommendations of the Administrator for additional authority to continue or make permanent the pilot program.

(b) PILOT PROGRAM PROJECT APPROVAL.—The Administrator shall not approve a project under the pilot program after December 31, 2008.

SEC. 689j. PUBLIC ASSISTANCE PILOT PROGRAM.

(a) PILOT PROGRAM.— (1) IN GENERAL.—The President, acting through the

Administrator, and in coordination with State and local govern- ments, shall establish and conduct a pilot program to—

(A) reduce the costs to the Federal Government of providing assistance to States and local governments under sections 403(a)(3)(A), 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 1570b(a)(3), 5172, 5172);

(B) increase flexibility in the administration of sections 403(a)(3)(A), 406, and 407 of that Act; and

(C) expedite the provision of assistance to States and local governments provided under sections 403(a)(3)(A), 406, and 407 of that Act. (2) PARTICIPATION.—Only States and local governments

that elect to participate in the pilot program may participate in the pilot program for a particular project.

(3) INNOVATIVE ADMINISTRATION.— (A) IN GENERAL.—For purposes of the pilot program,

the Administrator shall establish new procedures to admin- ister assistance provided under the sections referred to in paragraph (1).

(B) NEW PROCEDURES.—The new procedures estab- lished under subparagraph (A) may include 1 or more of the following:

(i) Notwithstanding section 406(c)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 1571(c)(1)(A)), providing an option for a State or local government to elect to receive an in-lieu contribution in an amount equal to 90 per- cent 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 govern- ment is involved, by the State government) and the

6 USC 777.

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120 STAT. 1456 PUBLIC LAW 109–295—OCT. 4, 2006

Administrator to provide financial incentives and dis- incentives 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 regula- tions 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 pro- gram under this section.

(2) CONTENTS.—The report submitted under paragraph (1) shall include—

(A) an assessment by the Administrator of any administrative or financial benefits of the pilot program;

(B) an assessment by the Administrator of the effect, including any savings in time and cost, of the pilot program;

(C) any identified legal or other obstacles to increasing the amount of debris recycled after a major disaster;

(D) any other findings and conclusions of the Adminis- trator with respect to the pilot program; and

(E) any recommendations of the Administrator for addi- tional 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 dis- posal 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.

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120 STAT. 1457PUBLIC LAW 109–295—OCT. 4, 2006

5174) after that date, such unit shall be disposed of under sub- chapter III of chapter 5 of subtitle I of title 40, United States Code.

(b) TRIBAL GOVERNMENTS.—Housing units described in sub- section (a) shall be disposed of in coordination with the Department of the Interior or other appropriate agencies in order to transfer such units to tribal governments if appropriate.

Subtitle F—Prevention of Fraud, Waste, and Abuse

SEC. 691. ADVANCE CONTRACTING.

(a) INITIAL REPORT.— (1) IN GENERAL.—Not later than 180 days after the date

of enactment of this Act, the Administrator shall submit a report under paragraph (2) identifying—

(A) recurring disaster response requirements, including specific goods and services, for which the Agency is capable of contracting for in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner;

(B) recurring disaster response requirements, including specific goods and services, for which the Agency can not contract in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner; and

(C) a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective. (2) SUBMISSION.—The report under paragraph (1) shall be

submitted to the appropriate committees of Congress. (b) ENTERING INTO CONTRACTS.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall enter into 1 or more contracts for each type of goods or services identified under subsection (a)(1)(A), and in accordance with the con- tracting 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 con- tract under this subsection, the Administrator shall consider section 307 of the Robert T. Stafford Disaster Relief and Emer- gency 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 govern- ments, as appropriate.

(4) PRENEGOTIATED STATE AND LOCAL CONTRACTS FOR GOODS AND SERVICES.—The Administrator shall encourage State and local governments to establish prenegotiated con- tracts 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

Deadline.

6 USC 791.

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120 STAT. 1458 PUBLIC LAW 109–295—OCT. 4, 2006

to maintain contracts for appropriate levels of goods and services in accordance with subsection (a)(1)(C).

(d) REPORT ON CONTRACTS NOT USING COMPETITIVE PROCE- DURES.—At the end of each fiscal quarter, beginning with the first fiscal quarter occurring at least 90 days after the date of enactment of this Act, the Administrator shall submit a report on each disaster assistance contract entered into by the Agency by other than competitive procedures to the appropriate committees of Congress. SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

(a) REGULATIONS.—The Secretary shall promulgate regulations applicable to contracts described in subsection (c) to minimize the excessive use by contractors of subcontractors or tiers of subcontrac- tors to perform the principal work of the contract.

(b) SPECIFIC REQUIREMENT.—At a minimum, the regulations promulgated under subsection (a) shall preclude a contractor from using subcontracts for more than 65 percent of the cost of the contract or the cost of any individual task or delivery order (not including overhead and profit), unless the Secretary determines that such requirement is not feasible or practicable.

(c) COVERED CONTRACTS.—This section applies to any cost- reimbursement type contract or task or delivery order in an amount greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) entered into by the Department to facilitate response to or recovery from a natural disaster or act of terrorism or other man- made disaster. SEC. 693. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER

EXPENDITURES.

(a) AUTHORITY OF ADMINISTRATOR TO DESIGNATE FUNDS FOR OVERSIGHT ACTIVITIES.—The Administrator may designate up to 1 percent of the total amount provided to a Federal agency for a mission assignment as oversight funds to be used by the recipient agency for performing oversight of activities carried out under the Agency reimbursable mission assignment process. Such funds shall remain available until expended.

(b) USE OF FUNDS.— (1) TYPES OF OVERSIGHT ACTIVITIES.—Oversight funds may

be used for the following types of oversight activities related to Agency mission assignments:

(A) Monitoring, tracking, and auditing expenditures of funds.

(B) Ensuring that sufficient management and internal control mechanisms are available so that Agency funds are spent appropriately and in accordance with all applicable laws and regulations.

(C) Reviewing selected contracts and other activities. (D) Investigating allegations of fraud involving Agency

funds. (E) Conducting and participating in fraud prevention

activities with other Federal, State, and local government personnel and contractors. (2) PLANS AND REPORTS.—Oversight funds may be used

to issue the plans required under subsection (e) and the reports required under subsection (f). (c) RESTRICTION ON USE OF FUNDS.—Oversight funds may not

be used to finance existing agency oversight responsibilities related

6 USC 793.

6 USC 792.

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120 STAT. 1459PUBLIC LAW 109–295—OCT. 4, 2006

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 subse- quent 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 con- ducting 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 commit- tees of Congress a consolidated report regarding the use of such funds, including information summarizing oversight activities and the results achieved.

(g) DEFINITION.—In this section, the term ‘‘oversight funds’’ means funds referred to in subsection (a) that are designated for use in performing oversight activities. SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS.

The Robert T. Stafford Disaster Relief and Emergency Assist- ance 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 consid- ered 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 sec- tion, 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 expendi- ture of Federal funds for debris clearance, distribution of sup- plies, reconstruction, and other major disaster or emergency

42 USC 5150.

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120 STAT. 1460 PUBLIC LAW 109–295—OCT. 4, 2006

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 emer- gency 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 con-

strued to require any Federal agency to breach or renegotiate any contract in effect before the occurrence of a major disaster or emergency.’’. SEC. 695. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE

CONTRACTS.

(a) REGULATIONS.—The Secretary shall promulgate regulations applicable to contracts described in subsection (c) to restrict the contract period of any such contract entered into using procedures other than competitive procedures pursuant to the exception pro- vided in paragraph (2) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum contract period necessary—

(1) to meet the urgent and compelling requirements of the work to be performed under the contract; and

(2) to enter into another contract for the required goods or services through the use of competitive procedures. (b) SPECIFIC CONTRACT PERIOD.—The regulations promulgated

under subsection (a) shall require the contract period to not to exceed 150 days, unless the Secretary determines that exceptional circumstances apply.

(c) COVERED CONTRACTS.—This section applies to any contract in an amount greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) entered into by the Department to facilitate response to or recovery from a natural disaster, act of terrorism, or other man-made disaster. SEC. 696. FRAUD, WASTE, AND ABUSE CONTROLS.

(a) IN GENERAL.—The Administrator shall ensure that— (1) all programs within the Agency administering Federal

disaster relief assistance develop and maintain proper internal management controls to prevent and detect fraud, waste, and abuse;

(2) application databases used by the Agency to collect information on eligible recipients must record disbursements;

(3) such tracking is designed to highlight and identify ineligible applications; and

(4) the databases used to collect information from applica- tions 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

6 USC 795.

6 USC 794.

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120 STAT. 1461PUBLIC LAW 109–295—OCT. 4, 2006

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 assist- ance under this section to provide reasonable assurance that payments are made only to an individual or household that is eligible for such assistance;

‘‘(2) minimize the risk of making duplicative payments or payments for fraudulent claims under this section;

‘‘(3) collect any duplicate payment on a claim under this section, or reduce the amount of subsequent payments to offset the amount of any such duplicate payment;

‘‘(4) provide instructions to recipients of assistance under this section regarding the proper use of any such assistance, regardless of how such assistance is distributed; and

‘‘(5) conduct an expedited and simplified review and appeal process for an individual or household whose application for assistance under this section is denied.’’.

SEC. 697. REGISTRY OF DISASTER RESPONSE CONTRACTORS.

(a) DEFINITIONS.—In this section— (1) the term ‘‘registry’’ means the registry created under

subsection (b); and (2) the terms ‘‘small business concern’’, ‘‘small business

concern owned and controlled by socially and economically dis- advantaged 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 busi- ness 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;

6 USC 796.

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120 STAT. 1462 PUBLIC LAW 109–295—OCT. 4, 2006

(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 reg-

istry 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 sup- ports 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 sup- plies in a disaster, reconstruction, and other disaster or emer- gency relief activities, a Federal agency shall consult the reg- istry.

SEC. 698. FRAUD PREVENTION TRAINING PROGRAM.

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

Subtitle G—Authorization of Appropriations

SEC. 699. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title and the amendments made by this title for the administration and operations of the Agency—

(1) for fiscal year 2008, an amount equal to the amount appropriated for fiscal year 2007 for administration and oper- ations 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.

6 USC 811.

6 USC 797.

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120 STAT. 1463PUBLIC LAW 109–295—OCT. 4, 2006

LEGISLATIVE HISTORY—H.R. 5441: HOUSE REPORTS: Nos. 109–476 (Comm. on Appropriations) and 109–699

(Comm. of Conference). SENATE REPORTS: No. 109–273 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 152 (2006):

May 25, June 6, considered and passed House. July 10–13, considered and passed Senate, amended. Sept. 29, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006): Oct. 4, Presidential remarks and statement.

Æ

SEC. 699A. Except as expressly provided otherwise, any ref- erence 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’’.

Approved October 4, 2006.

6 USC 701 note.

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